San Angelo City Council July 2, 2013

[0:00:01] good morning everyone it is now time to open our meeting of the st angelo city council for july the 2nd 2013 and we welcome you here this morning our preacher didn't show up this morning so i'm going to open up with the prayer please indulge me let's bow and pray please our dear god and our father we thank you for this opportunity that we can gather together here this morning in a peaceful assembly to discuss and to to take action on the things that need to be done in our wonderful city and we thank you dear lord for the opportunity to live in this city and we are very appreciative of all the many wonderful people that make it up i would ask you dear father this morning to give us wisdom as council members to give us strength to give us courage and to give us patience and to give us the ability to deal with the problems that concern all of the citizens of our community be with us guide us guard us love us forgive us it is in the name of jesus that we pray amen and if you would please miss carly bucks come to the front carly's going to help us with our pledge this morning and carly is the child of uh jamie bucks who is in our finance department and we're glad to have you here this morning you ready if you would stand while we pledge allegiance to the flag ready pledge to the flag of the united states of america and to the republic for which it stands one nation under god indivisible with liberty and justice for all the texas flag i pledge allegiance to thee texas one state under god one and indivisible great job thank you so much i love it when they stand up and speak

[0:02:04] loudly and clearly that's exactly the way it should have been done i thank you very much carly we now have some proclamations and the first proclamation will be to the texas hunger initiative kids eat fury program uh will be accepted by mary herbert the regional director and betty ton the child hunger outreach specialist with text hunger initiative of the st angelo office welcome this morning morning it's good to have you and i would like to read this proclamation whereas the texas hunger initiative is a collaborative effort both statewide and locally our goal is to end hunger in texas through policy education research grassroots organizing and community development and whereas st angelo is one of 12 cities selected as an outreach center to establish a regional office to recruit and train community partners to identify residents who could be eligible for the state's supplemental nutrition assistance program and who by participating will allow more access points for residents to apply for benefits and whereas in tom green county more than one in four families with children had times during the last year when there was not enough money to buy food that's 5400 households in st angelo and whereas the goal for the tom green tom green county hunger initiative for 213 is to feed more children during the summer school when school is not in session in st angelo over 8,600 students receive free or reduced meals when school is in session more than 60% of all of our students and whereas after summer school ends on june 28th local churches ministries organizations businesses and numerous individuals have committed to provide meals in eight st angelo neighborhoods and at one side in carlsbad in july and in august now therefore i dwayne morrison mayor of the city of st angelo texas and on behalf of the city council to hereby proclaim the second day of june 2013 as july 213 kids eat summer meals initiative month

[0:04:07] thank you you have the microphone you want to send a picture i'd love to does anybody you want to talk you want to say anything i will mary will want to get a picture for kodak moment we want to thank everyone for this uh proclamation we're really excited that this is beginning the fourth summer of our kids eat free summer meal program uh we have fed lots of children last summer there were we fed over 33,000 meals in july and august so we are excited to be starting that program again then we are also excited this is the first year that we have been chosen uh st angelo has been chosen as the regional office for the texas hunger initiative uh there are 12 regional offices that have been created around the state of texas and we are one of them so we will be working with agencies and churches to uh try to put together a partnership where there will be an opportunity for more uh people that might be eligible for benefits to have more places that they can go to to apply and uh fill out their application uh for these benefits so we do appreciate this and thank you very much for having us today thank you [Applause] and now we have some recognitions got these out of order there we go i found i got it back in line waterburger restaurant will be next uh the waterburger at 4646 nickerbacher road by accepted by eleanor hooton and anne mesa manager good morning i'm older anna couldn't be here well it's a pleasure to have you here thank you let me read this recognition

[0:06:12] and i'm sorry this is sometimes on your debut you have problems the wording here is to recognize the waterburger res uh restaurant at 4646 nebaka road for generously donating 75 meals of hamburgers fries and drinks to all of the first responders and evacuates from a neighboring neighboring property during the june 13th response to a hydrochloric acid spill although the incident swamped the restaurant and its parking lot we were all impressed by how extremely courteous professional cooperative and generous all the waterburger employees were and then we got a public information here the fire department they've responded to a hydrochloric acid spill so we thank you and we would like to offer you this just to tell you that we do thank you you want to speak thank you for recognizing us um we're always happy to serve our community any way we can it's the waterburger difference and uh i was there that day and it it it was a quite interesting experience i must say uh but we really appreciate the recognition thank you very much thank you very much let's see now next in our recognitions we have the city of st angelo for receiving the texas comprollers silver leadership circle award bill smith is our chief accountant uh laura brooks our senior budget analyst and morgan chegwitten is our buddies at management good morning good morning thank you sir i'm just going to read this one alicia okay there's a recognition here both from the state and also from the city we're going to start with the state here i am pleased to inform you that the city of st angelo has earned the 2013 silver leadership circle award your application

[0:08:16] scored 14 points of 20 possible points on our ratings criteria to earn this award your listing on the texas transparency website now displays the silver seal to indicate that you have received this award enclosed is your copy of a leadership circle award certificate you will also receive a digital seal that you may post on your website congratulations on your success in moving forward on financial transparency and joining our leadership circle and this is signed susan combmes texas controller very good appreciate it you and we have this texas controller leadership circle silver that'll go that will go to our finance department and from the city of san angelo because we also want to recognize them it's commending the budget division of the city of st angelo for doing more doing it better and exceeding our expectations your high standards inspire us all and you get that oh thank you who gets to make a speech i'm back and ready we just are very grateful to the state controller and to the city council for recognizing that that we hope to make our financials uh easy to understand for for your average citizen and and and for everybody out there so we are accountable to y'all we appreciate it let's get a picture and let me give you a letter from the comproor awesome thank you sir that's got it that's it thank you very much thank [Applause] you all right the very next part of our agenda the next part of our agenda is when the

[0:10:18] public gets an opportunity to speak if they have an issue or an item that they need to speak to and let me read this it says "the council takes public comment on all items in the regular agenda public input on a regular agenda item will be taken at its appropriate discussion public input on 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 a consent agenda item to be moved to the regular agenda for public comment so we'll start with the public if there is anything that anyone has to say or wants to bring to the attention of the council now is your opportunity good morning good morning mr please ma'am my name is glenda harbert i am a leader in wto i am also uh co-pastor at st paul presbyterian church i want to welcome almost all of our new council to leadership and just to let you know that that we are excited about y'all being working together with us and working uh in wisdom and leadership with the city and that we keep you and i keep you in my prayers thank you thank you ma'am we appreciate that yes ma'am come forward and identify yourself you get five minutes to speak if you need more then we'll talk about it in five minutes thank you good morning council members ladies and gentlemen my name is jan bartlett i am here on behalf of my family my father rich uh joe bennett owns a property over on lake nazworthy um i just really wanted to come this morning to urge the council to uh from conversations that i've had with mrs and pierce and cynthia peas in the last few weeks have been told the process that it stands at this point on renewing property leases and possible sale of those properties um i have a picture of my father's property

[0:12:21] i'd like for you to just pass it through and take couple minutes this property originally was in my family since uh the probably before i was born in the 50s my grandfather purchased or leased the property from the city of st angelo it at that time was just a boat house over the water um in the early 60s it needed to be moved out onto the bank as per the city's recommendations at that time and it was a pink corrugated tin boat house and stayed that way for many many many years when i was a little kid um my father and mother when they retired back in the 80s um spent a good bit of their retirement money in redoing this property and making it what it appears a brick home now and i'm just here to ask the council to please understand that a lot of the property owners in that region right now are in their upper 70s as my dad is and we are very concerned that the amount of the uh increase in the lot lease would not be possible for our family to to meet and probably the uh purchase of that property as far as financial is out of the question i would just urge you to please consider that the people that originally built homes on the lake um perhaps be given some consideration and make some other opportunities for them to keep their homes that's basically what i came to say today and um if there's anything that you might be able to do to help our family and others that are in that situation i would love

[0:14:24] to talk to you mr mayor may i approach the yes ma'am are you referring to the interest rate that uh the proposal the interest rate that is in there to purchase or release from what i understand the uh when your lease expires the present lease that you have now the city will appraise the lot and you are to pay 8% of that appraised value yearly okay yes ma'am and if i may the council we have uh discussed this and talked about it and uh we have not brought it back out into general session but we are aware and and i for one feel it's uh way too high and egregious and we are trying to address it now i appreciate that my father is on a fixed income by the time we pay for his expenses and uh bills on the home he basically has less than $100 a month left so we we just would like for you to understand that so many of the people that originally built homes on those lake lots that you know pretty much built that property and to the beautiful lake property that it is now cannot afford these new rates thank you i appreciate your uh time thank you m maybe we'll meet again step up and identify yourself jerry c good morning council uh my name is jerry c and i'm uh one of the leaders of wtos and uh i appreciate and uh am very pleased to see all of you again and congratulations miss farmer for for returning and all your new people and i see we have a new mayor and johnny you have a new uh a new neighbor to the other side of you yeah this um i i i i thank all of you

[0:16:29] for coming uh for for uh all your service that you've done for us now uh we're starting off another another session one of the things that uh i would hope that you remember this time would be uh our 19th street project that was on the board before it seemed to have fallen off the board somewhere during uh during the the the past months uh that's one of the most dangerous streets in st angelo and uh during the time that uh it had been worked on uh craig meyers and i had walked the streets along with one of the other city personnel and uh since there we found out there's no easement along 19th street we went uh and we pulled the people along 19th street the property owners and uh the property owners uh is willing to donate enough easement of their property they're going to donate their property to the city for sidewalks now we had gotten to that point but there was some reason that it it fell off the board i guess since uh whatever i i'm not going to try to explain that i do not know but that fell off the board and then there's another problem that had been brought to my attention just recently from the rains we had uh talked about before about the the sewage down the lower part of black uh about the backups and stuff before when we had the rains before uh it's been a dry season and u there hadn't been any problems we thought the problem was solved but it was just because it was a dry season now that it has rained uh there's been uh water backups and stuff on people's lawns it was cleaned up by the city abruptly the next morning which uh i thank the city for doing that but those problems still exist and uh since you're a new council i would really appreciate for those projects to be brought back and and carried on to completion and uh i'm glad to see all of you all of you back that's back and your new faces and

[0:18:33] i hope he work work really well together and for the betterment of the city thank you very much i appreciate your time would it be all right if we also added permanent bathrooms at the uh martin luther king park uh yes if if they're maintained only if they're maintained but we don't need any more problems down there if they're maintained and we have security on them we do not need problems down there we have enough problems down there we've been working on them and we've worked with uh the city and individuals that's in that area and uh uh if you've noticed that monuments down there it has not been one mark put on that martin luther king monument since it's been there not one pencil mark not no damage whatsoever people have been taking care of that and i'm sure we will take care of those restrooms if you put them there but we need everybody doing their part the citizens are ready to do their part because of the work that the city has done before and all of the the citizens in the city has come together that was the legacy left before and miss farmer was part of that and you were part of that too and i hope that's maintained thank you sir and i would appreciate if you did do that thank you thank you jerry next good morning miss west good morning good morning i'm ann west on i'm here on behalf of friends of fairmont and fairmont cemetery this morning and i appreciate the opportunity to speak uh i am here this morning to remind you that last year we made a presentation uh in which our master plan was reviewed and phase one was discussed in phase one we are discussing and talking about the main entry and the construction of a columbarium a

[0:20:37] columbarium is a structure which houses and memorializes the crees of a loved one and also generates revenue for the city uh respectfully we would like to ask that um you consider funding part one phase one of our master plan with any discretionary funds that might possibly come available uh as you go into the budget discussions over the next several weeks uh please remember that phase one uh addresses an issue with safety entering and exiting the cemetery and also safeguards the financial stability of fairmont cemetery and extends its life expectancy we feel that this is important not only to you being and the cemetery being a city-owned business but also to the citizens of st angelo and the families of the more than 33,000 buried there within historic fair mount cemetery and that's all i have for you today please don't forget us would it be possible miss west if maybe y'all could come back two or three meetings from now and kind to give us an update and a presentation uh give us some figures absolutely give us some information so that we could kind of put this together and learn more about it absolutely absolutely we would love to is there anyone on the council that would like to put this on a future agenda yes uh we have been presented uh the figures estimates of course they last year was your presentation but we are in the budget talks uh supposedly supposed to be starting this month and meeting and i would like to have their proposal that they brought to us i still have my copy put on the workshop uh meetings so that we can discuss the possibility of addition of the columbarium and possibly some more land very well we'll see if we can thank you

[0:22:42] get some public support behind you thank you very much i just want to add from visiting with you a couple of weeks ago and we talked about a an artist possibly and i have been in touch and if i wonder i'll if i don't call you today after the meeting please call me and i'll i'll give you the news thank you very much thank you thank you thank you miss west anyone else if you would please ma'am state your name and your business good morning my name is anne joseph um mr morrison congratulations thank you very much ma'am appointment as mayor i'm here about two different things the first is more of a safety issue um in recent times obviously we've had a lot more traffic and i've noticed a market change in how um the traffic flow goes and particularly uh it seems like on northbound southbound bryant uh people are anxious to get to the other side and they blow through and i'm wondering where are the cops so my first question is could law enforcement um perhaps keep an a closer eye on north southbound bryant and the loop because uh some of the bigger trucks uh that are i think relating to the uh booming oil industry in our area are the ones that are the transgressors and if there were an accident because of their size and weight um you know it would be all the worse tied in with that i've noticed this for a while but i think it's more important now that it be addressed even more so all along northbound southbound bryant at set locations there are obligatory one-way signage there is oneway signage for alleys and streets coming onto bryant but there are a few places notably uh just coming down here uh i noticed that tui and southbound bryant if you're coming from the east on tuig i don't think there's any one-way signage there and my my concern is well i've already experienced three times in

[0:24:45] the past 6 months as i'm approaching the area where uh just south of the l uh south of houston heart between there and the post office people pulling out of grandies out of uh burger king and they're heading north on southbound bryant and maybe i don't know if the laws would allow but could even oneway signage be put across from those commercial exits so that people who aren't familiar with our town would know this is one way going that way and they don't turn north um also relating to signage for a long time and about 3 years ago i even called the city's uh department that handles this it's bothered me that uh there are a lot of intersections where there is no signage no yield no stop now predominantly it's in what would be i think identified as the poorer areas um but i still think that some type of signage ought to be put there people rate that kind of governance for their traffic flow and it shouldn't just be left up to um whatever happens happens so that was my second question and um okay the third one was could the law enforcement address uh uh speeding traffic and the final the other issue i wanted to ask our point i wanted to inquire about concerns me regarding the water uh issues that we're facing in our area of texas relating to the use of water uh by the oil industries i've seen on the news where some of the smaller communities are being adversely affected and i just wanted to put the idea out um could the water from the line coming from is it the hickory hickory aquifer could that be utilized by st angelo to somehow make available to the oil industry could could the contract or whatever we have set up with them be sold to them instead of using the water that the smaller communities are losing now until such time as um the state does something somebody's got to do something

[0:26:48] so i'm just concerned about it thank you very much thank you miss joseph we appreciate it mond yes sir uh ma'am joseph sir i i wanted to answer one of your questions which i thought was an excellent question uh having to do with the oil field use of hickory water uh i thought that was a great idea myself and i was so proud of myself of thinking of it a while back but i went to the district court judgment against the city of st angelo in the district court of concho county and we are tied up in such a manner by that district court judgment which is contractual in nature uh that we're not able at this point in time to uh use that water for oil field operations i wish we could i wish there's some way we could modify the judgment uh but i don't believe the landowner down there will do that and so um unfortunately your good idea will probably never come to fruition well i'm sorry to hear that but um those that are saying nay need to come up with a solution then is all i can say because it's it's just it's a problem that's just starting and this is only going to get a lot worse and the people who know a lot need to put their heads together and get a solution but thanks for telling me what what the possibility is mr i would like to request uh uh i think rick's overseas or whatever the streets department and if they could do no okay michael is that yours well whoever if daniel if uh could look at it i have noticed we have a lack of signs informationational signs and as our traffic is increasing here in st angelo where signs are needed that says no through traffic no truck traffic uh it we just need to take a look at it because it's increasingly a problem if you would and it wouldn't hurt to get with chief

[0:28:50] vosquez and chief martinez and she may have a point on the enforcement as well and this just brings me to another point i'm going to throw in a commercial here but this is exactly what this council is looking for from the public we don't know the answers but many of you might so if we can work this together if the public will help us if you will support us encourage us give us information together collectively we will be able to solve these problems so i thank you miss joseph for coming forward next anybody else want to address the council this is your your last opportunity if not do we have any any council members that have anything okay this uh public comment section i want to apologize uh personally to the christian reporter news it seems that um they've been dropped from the blog that we receive daily as a news source and i don't know the reason and i would like for us to look into it and i and i'm sorry that that has happened and also i want to make sure that that news source is on the city clerk's uh agenda to send notices of meetings in the types that have because i don't want to single out any news source any another public comment that i had was u to take a moment to really and truly think about the loss of the firefighters in arizona u it's that is a job that most of us take for granted to know that those first line responders put their life out there to do their job and it's uh it's very sad and if we each could take a moment and thank a fireman thank a policeman for the jobs that they do i would greatly appreciate it because i i'm i'm very touched about this loss and hopefully we can say some prayers for those families thank you ro ss yeah mr mayor it was just uh brought to my attention you know

[0:30:54] uh as we proceed on with this river revitalization and all i believe there's a staging area rick over here on avenue a or carl and there's some folks around that neighborhood that are uh concerned about is it ever going to go away and i assume it is once we finish the project but uh they were told that there was it was going to go on for a short while but rocks are being piled and they said they've seen snakes out there and so i just wanted to bring that to the attention of you guys and uh in in all the you know respect of this lady who a couple of ladies contacted me so just keep that in mind that if we can keep that area a little cleaner than it is uh you know when the wind picks up and dust blows all over the place i can imagine what they're going through so just wanted to give you an fyi so you'll know we have have gotten those complaints um in times past and so the contractor is of course the one using that as a staging area so what we do is then go talk to the contractor and try and get that taken care of so we have done carl's done that a few times already and we'll do it again if need be okay thank you this all last week after i was affirmed i preached for about 10 minutes and one of the things i was preaching about was that when any council member or myself asked for an item to be placed on the agenda we want it on the agenda we had two items on the agenda this week that were dropped and i think mr wlaw has some comments he wanted to make about that so this is your chance uh yes uh may i def defer to uh uh miss farmer to start off first because she also had an item that uh was not addressed on the agenda and then if all with you mr mayor i'll go second okay be happy to uh i clearly recall at the june 18th meeting that i had requested additional information with reference to the hickory to be placed on the very next agenda which is today that item is uh item 12 an update and presentation of

[0:32:58] the hickory aquafer water supply which it is my understanding that we have to be very specific and the this is exactly what was on the agenda on the 18th the wording so therefore i couldn't talk about things because i was stopped by legal specifically those items and it's not again is not worded to where we can talk about it in public and i i'm i'm very h unhappy about that um what does it take to for a council member who is supposed to set the agenda to get the things on the agenda from the discussed [Music] ma'am did you have that discussion with daniel yes i did but i also had the discussion during the council meeting which is on tape and viewed as wanting to see the price that we had extended on the hickory to this date and what the proposal was when we accepted the bid as to what the cost would be i specifically ask for a comparison of those figures that's not the way it's worded on here and therefore we can't talk about it are you talking about treatment costs i'm talking about the entire project okay so it's i i don't have anybody to ask because daniel's not here but this states on this agenda exactly what it did on the 18th and i was stopped from talking about things by our attorney and i made it very clear and mr hersfield back me up that that's all we're asking to see is a breakdown of what we awarded the bid on is to the estimated cost and compare that to what we have spent to date and we couldn't get into it then and because it's worded exactly the same i don't want to use the word assume but i would assume we still can't talk about it and that angers me mrs farmer if

[0:35:02] you'll look at the background staff did use the same um caption for the item however if you look at the background on the cover memo it talks about you asking for the item detailing that you requested the term dates pertaining to the hickory project and and the engineering firm it does cover your request this item does satisfy what you requested yes ma'am doesn't matter in the background doesn't matter miss farmer we'd be glad to provide additional information if what you see today uh does not satisfy um your interest in knowing we'd be we'd be glad to follow up and we anticipate the presentation will cover the material that is presented in the memo which is public okay then explain to me why we couldn't talk about it last week we're all not prepared i mean the wording on the agenda is exactly the same as it was staff didn't have the information perhaps is my recollection so fine we then we'll talk when we get to that item we'll find out but that that is my complaint about the uh for my part of the agenda well hopefully we'll be able to address those issues um shortly okay mr wlaw yes thank you mr mayor i'm going to brag on you a little bit but i'm also going to request that i have u an adequate amount of time to explain this distasteful situation that we're in and uh make sure that all the members of the council understand what problems uh that the council is facing uh getting their items on the agenda and uh of course this has got to stop because uh if we can't get our items on the agenda timely then in effect uh our got a mosquito here uh then all the voters in the city of st angelo will be disenfranchised uh because we will not be able to get our items heard and taken care of and so i'm not pleased to say the least mr

[0:37:07] mayor at the last council meeting you made for for what for you what i thought was a very eloquent speech and you you made it clear you made it clear to me and i thank everybody in this thing that was attend in attendance here uh that uh there would be no more games uh that when council people requested items to be placed on the agenda that they would be placed on the agenda well let me bring you up to date and what's happened since then the date that you made that great speech was uh june the 25th which was last tuesday on that particular day after the city council meeting was over i went over to the city clerk's office with a with a typed letter requesting the placement on the agenda of two particular items uh having to do with consultants uh and and in that it was requested in the letter it requested that the item be placed on the agenda for today july the 2nd and i told alysia that i would check back on thursday to make sure those items had in fact been placed on the agenda because what what the public may not understand is if you don't get your your request in within 72 hours you'll be in violation of the open meetings act uh for notice to the public and you have to have that information in timely okay on the next day wednesday the following day after i placed my letter at the clerk's office i did get a draft agenda and my items were included in the agenda and they had an item number like 12 and 13 or 11 and 12 i've got it here i'm not looking at it so that looked like we were on track so then on thursday as i as i told alicia on tuesday that i would call and check and make sure the item was on the

[0:39:10] agenda i did in fact call i was told the item was still two items were still on the agenda involving consultants and uh then the next uh no calls from anybody uh did not talk to anybody did not get permission from anybody to move my items or take them off the agenda and uh the next thing i know friday afternoon at 5:00 when i get home from uh doing various things uh i pull out my agenda and my items have disappeared totally not to be found on there anywhere and they're not on the items they're not on the agenda if the council people will look they're not on the agenda at this point in time and also there's no mention made of these items in executive session portion uh which is a little bit relevant here in a minute but not totally relevant so anyway um i'm i'm going to do everything in my power with my one vote and my sometimes persuasive ability to get this stopped once and for all uh it to me if this is allowed to continue mr mary just be kind of like in the charlie brown peanuts comic strip where uh uh charlie brown's always trying to kick a field goal or an extra point and lucy's always the holder and every time she comes up to he comes up to kick she pulls the ball away i i can't i can't do i can't represent my constituents and i can't do good things for this town if i don't know that when i ask for something to be placed on the agenda uh that it's going to be be done so uh with no uh no uh questions or permission of mine or notice or anything now let let me tell you what's going on there you're going to hear some people say that i'm off base well i've been an attorney for a long time and i'm i'll stipulate i'm well past my prime as an attorney but i can

[0:41:13] go to the law library and which i have and i researched this and i am absolutely 100% right on this and the the taking of these items off the agenda is wrong there's no justification for it and it's put it's put me in a position not to either not to uh have these items heard or they may try to make me go into executive session which is going to be in violation of criminal law and other law on open meetings taking this item to executive session uh there is no notice in the agenda that this item or anything like it uh is on the uh executive session closed agenda uh that is a requirement of the law clearly a requirement also additionally the the the items that i requested are not executive uh close session agenda items there's only a limited number of things that you can put on a close session agenda in the state of texas and there's three subsections 55 551 0071 551 0072 and 0074 and if you don't fit in one of these three categories then you're in violation of the law if you try to have a a uh close session hearing on something and that's what's being asked of me right now and i'm not going to do it but also let me point out even further that some people obviously don't know and that is if an item is even in fact uh allowable to be put in executive session to be heard away from the public the city council can order that that item to be put out in exe in open session that there's that's just an op if something is eligible for the executive session that's just an option of the council that that's not a a directive of uh of the law because the

[0:43:19] law is this is the open meetings act well and let me just read uh obviously some people don't haven't done their homework either let me let me just read the let me just read the attorney general's opinion governmental body may not meet in close session which is what they're asking me to do today and these other good friends of mine to discuss employment of independent contractor such as engineering architectural or consulting firm texas attorney general's opinion number mw129 so what i intend to do in the future and i hope miss farmer and others will support me is that we're going to have to take whatever action however uh harsh it is or however uh unpleasant it is to get this stopped once and for all and i'm going to make an attempt at the i'm going to today i'm going to hand uh uh the city clerk some other i'm going to re reissue my request that these be placed on the open session for next meeting and uh and i'm also going to place something else on there that if it's not placed on there uh then uh then they're going to be uh i'm going to seek repercussions and and and uh i'm going to try to get this straight and also uh unless miss farmer uh she's upset too and i think uh the only thing we can do today as a remedy is uh just take some of these other items off the open agenda uh so that that people will understand if we can't get our items on there uh you know we're we're the employer not the employee uh that they're not going to get their items on the agenda either so uh i guess we'll just uh decide how we want to handle this but anyway um this uh this type of activity uh which is insubordinate to the declarations of

[0:45:22] the mayor that he made clear it's also disrespectful to the mayor and it's disrespectful to all these council people to be taking these items off the agenda and uh so u i'm sorry it happened and uh i didn't get on the council to be fighting like this if i wanted a bunch of fights i would still be out there trying lawsuits so uh you know i hope the council will support me and we'll just see what happens thank you mr mayor may i yes ma'am um i think in a nutshell what this is saying is i'm only as good as my information i am asked to make decisions that are put forth on these agendas and in order for me to make that decision i need information beforehand as to what i'm making a decision on uh you know if if there's something in the consent agenda or on the regular agenda that i don't know about hasn't been discussed with me staff hasn't provided enough information how can we as a council possibly make the right decisions that the citizens have entrusted us to do this is the perfect time it's new council uh to get back to transparency in our operation uh you the consent agenda mr mayor i'm going to ask that we pull items two um four and three and three and seven two three and seven because i have no knowledge or information of this beforehand and one of these is a million-doll decision i'm not comfortable with rubber stamping things and and the staff has not informed us or provided the information beforehand so that we know what we're talking about when we make the decision a lot of times staff gets busy they know about it it's no big deal hey you know run along but it's a big deal to me i don't know about it i need to know about it and therefore i want the transparency that we've had in the past back and the communication back with the council it

[0:47:26] clearly states in uh the rules book that council sets the agenda and if we set the agenda and staff decides to move it or drop it or don't have the information on it yet tell us before we get here or before we get angry we need that communication and i don't want to have to ask repeatedly like mr silvis has had to ask seven times for an item to be placed on the agenda i don't know what is happening but um i too want it stopped uh i i've there are you know a couple of staff people that give us background information all the time good type source written up and i'm comfortable with it and i make the decision and that's my feeling in the matter so point of clarification are you you pull those from consent agenda are you also asking that they be pulled from the uh regular agenda or we were we there yet well i was actually waiting until the mayor called for the consent agenda and to pull those and then when we got to the regular session i've got five items that i would like pulled today and i can either wait for the mayor to call us and get us to that point or we can talk about them now let's wait till we get there okay when i made my speech last week i made it like a fence builder and winky made his like a lawyer and i think he made it very plain uh this is a new council and we're taking a new direction and we have a commitment to our citizens and i think everyone up here takes this extremely very very seriously we are going to be honest we are going to be open and we are going to be transparent on every dollar of yours that we spend and we want the information that we can get and we want all of it that we can get because we want to make honest intelligent decisions and i think that

[0:49:28] is what you expect of us is there anyone else need john no i was just going to say if no one else wants to pull an item any other item i don't i will make a motion to approve the consent agenda minus 2 three and seven and i was also going to ask for to pull number two so i'll make a motion to uh accept the consent agenda as is minus items 2 three and seven i'll make a second uh with the consent agenda minus 2 three and seven any public comment on this if not we have a motion we have a second to accept the consent agenda minus items 2 three and seven all in favor say i i any opposed unanimous what i would like to do now is take items two three and seven move them to the irregular agenda and let's discuss them do i have consensus of four on that okay let's discuss item number two item number two on the consent agenda is considerate consideration of awarding bid wu613 for the 2013 waterline improvement contract 1 to qro mex construction company of greenwich scholes texas in the amount of 1,344,648 and authorizing the city manager to execute said contract in substantially the attached form and any related documents submitted to water utilities director ricky dick dixon mr dixon would you take us through this please sir thank you council mayor um this item we have sent out bids for one of the waterline replacement projects for three contractors the three contractors darnell construction llc hley communications incorporated qro max construction company and the low bid for the project was submitted by qro in the amount of $1,344,648 this project is just a continuation of

[0:51:31] water utilities capital improvement projects and the rehabilitation of the water system um approximately 13,369 ft of castar mains will be replaced under this contract this project will cover the lines on east harris avenue main street browning north main east borgard avenue houston heart benfickland avenue zq and east avenue d for moes to pow street and we are recommending the acceptance and approval of this bid i have a question mr mayor and i have a comment okay anyone else john let's start with charlie um the reason that i pull this and yes you have a background sheet in the attachment and and i read it but in the interest of transparency i want to ask a question and and make sure that our documentation is accurate in the summary uh you state that the bids have been received from three contractors for the construction of the waterline improvements uh the three contractors were darnell construction how's the communication and qro mex construction company yes ma'am um and i'm not picking on you but uh i am aware that in the recent past that your brother is a partner it was darnell and dixon at construction is that still the case no ma'am okay that's i just wanted to make it clear sure in here that all of us that have been here forever we know that it's been darnell and dixon and for it to just all of a sudden show darnell i would have been more appreciative as you had if you would have stated that formally my brother was so therefore there is no and i don't need to reaccuse myself well if you would notice um on the bid tab that was sent with this information that dixon underground utility construction company was mailed a bid so and and that's that's fine and i did i apologize if if

[0:53:34] there wasn't enough information and but yeah but i just want it clear to the public that there's no and i'm fine with that there's no nothing okay that's all that i really wanted to question mr sure thank you don um mine doesn't really have anything to to do with you per se what what you you did a good job as far as i'm concerned what what my contention is we have a local bidder on a million3 project that is less than than 5% out of the low bid um and what i have asked the staff to do is to to look in to to see if there's anything that we can legally do to to try to uh get our local contractor whose business is here whose family lives here whose employees are going to be working and paying taxes for us to to see if there's any wiggle room on this before we we go ahead and and uh give this to someone in grant and it shows um so i would like to to pull it completely and give the staff time to look into that and and see what they can come up with i believe we're ready to address that today don if you give us a minute i think mr banks can handle that okay good morning council roger banks purchasing manager uh there are uh while it's always even in purchasing we are our goal is to try to get as much competition as possible so we get the best value for our money and get and stretch our dollars as far as we can there are some restrictions by state purchasing law as to when you can award uh bids for product services and construction services uh in the case of construction services it's very limited that the contract has to be $100,000 or less anything over $100,000 or less uh then there's no preference that that is allowed uh for us to to award a bid to a

[0:55:36] local bidder so um like i said it varies from different types of contracts specifically for construction services it is uh if the contract is less than $100,000 then you're right it would be within five if the prices were within 5% there are some things that we could do ask the business to provide us where you would have the opportunity to award them as a logo but it happens from time to time but it doesn't happen often don okay johnny ricky just i just had a simple question i know that uh you know i've slept since the last budget meetings or hearings or whatever you want to call them but was this bud was this a budgeted item yeah it's in the capital improvements plan it is okay yes sir cuz i looked through it i must have overlooked it i just wanted clarification that it was budgeted so it is okay and now the council wish to speak to this well i too agree that we need to do local bids and it's i don't like them to go out of town because we have no control over this and things often happen don if you're going to make a motion to pull this until we can consider it further you might get a second and excuse me i think that the law was correctly explained um by mr banks and we just unfortunately don't have the option to go under the provision under state law which would allow us to to um utilize local preference procedures this is just a standard uh contract because of the amount and so unfortunately in this situation we can't indulge in in that so i i don't think there's further exploration on that point but as a member of the city council mr vortman does have the right to ask to pull something for further consideration absolutely and if he can get a second saying that uh i'm not disagreeing about him pulling it i'm just saying that uh mr banks did uh address the correct uh issue in the law i understand and i'm

[0:57:39] leaving in mr bamman's hands is what he wants to do next i move that we pull this to give give staff a little bit more time to to look into that and see if there's anything we can do i know on the on the bottom of our contracts there there's a and correct me if i'm wrong i believe in the bottom of our contracts roger there's a a sentence in there that says that that the city has the right to refuse a bid is is that correct or not yes sir it is uh as the council you are uh for any contract over $50,000 you can reject or award the bids uh and either not do the project or send it back out for bids or or it would be at your to give us direction as to what you would like to do that would be correct okay that's my motion is to remove until the the next meeting to give the staff a little bit more time to look into i'm going to second the motion because i would like to have staff provide counsel with the law the stipulation uh because i have read that we we're not required to take the lowest bid there are exceptions and i want to see it so therefore i'm going to second his motion there has been a motion and a second that we postpone this until there's more discussion and more consideration public comment on this mr mayor there's a couple more okay miss fleming no she had she she answered that for me anyone else john ricky i guess the only question i have is i guess there is no deadline timeline that we're looking at to have this done if we postpone it another couple of weeks or are we okay on timing for this yeah i think we'll be okay okay there has been a motion and a second i will now call for the vote all of those in favor in postponing this until more cons consideration can be given please say i i any opposed this has been put back and it will be further considered next we have

[0:59:44] item three on our consent agenda which we have moved this is consideration awarding bid w513 water utilities grinder pumps and spare parts to morrison supply company and that has nothing to do with me and smith pump company incorporated based on lowest unit bid in compliance with the bid requirements for each specific item and this again kevin krueger says it will be but i suppose it's you mr dixon well i'm already up here so we'll just stay with this um typically and and and what we try to do on this bid is just try to get the best price that we can for the city typically we just do these on as needed bases and get pos for whatever parts we need or new pumps or whatever but we went out for a bid on on this just to try to secure better prices um the city has 100 plus grinders out at the lake that we have to maintain and this is just for if we need new pumps spare parts whatever it is um two vendors smith pump company morrison supplies as stated put in the bid the low bid on the pumps was smith pump and the low bid on the part supply was morrison supply this is just out of operational funds out of the water distribution wastewater collection side so that's kind of the reason that i pulled it u it doesn't mention a dollar amount yes i have the bid tabulations but for the public uh that's out there that's reading the agenda or the newspaper or whoever i mean it consideration of awarding the bid is there not to exceed a dollar amount is there a dollar amount that we can put in there or we're giving you permission to spend $20 million we should have put it's for $12,396 i should have had that in the caption and i will make sure that that happens in the future 12,3 $196 is the bid and i uh is that what you're saying estimated annual expense for the yes ma'am motion to approve not to exceed the uh

[1:01:49] bid in the packet i'll second that further council comment comment from the public if not there has been a motion made to approve it with a ceiling on the amount spent of 12,000 396 12,396 all of those in favor please say i i opposed this passes unanimously now let's go to number seven this is consideration adopting a resolution authorizing release of a 20ft by 300 ft utility easement located within the bounds of the retoya hills edition section 5 block 2 lot 4b in southwest st angelo and providing for the mayor to execute and deliver a legal instrument formally releasing and discharging such easement miss aj fber uh if you have specific questions i can answer those or i can give you a short presentation whichever you'd prefer i' i'd like a presentation of what it is other than what's there okay um as we stated in our background report we have had a request from an individual that's seeking to develop this property as a hotel site in order to do this they are requesting to formally abandon uh an underground utility easement as it's labeled on the subdivision plat in our background report we talk about how it is uh currently an unused underground utility easement we also have listed the different entities that we pull when we receive such requests those include all of our development related departments and divisions as well as the private utility companies and so um we've outlined the rather lack of comments in this case uh we did not receive any comments that the abandonment of this easement would create any issues as there are no uh utilities currently in this easement and so abandoning this easement would allow more buildable area on this site for the proposed hotel who is tmi hospitality they are the company that will be proposing i'm sorry actually constructing the new marriott at this site it's just the okay motion to approve second

[1:03:55] any further council comment question john aj is there a road being built between discount tire and the dodge house is there a road right alongside there there's an access uh access point it's not an officially dedicated street but it is a paved access easement for emergency vehicles and who who did that we did or i would have to research that i'm sorry i would imagine it was done around the time of construction on those sides does that access does it go all the way back to that back property it does um it actually comes out i believe right about this point okay and so it actually punches through uh access to the rear of all of those facilities to provide fire protection thank you that's all any further comment council public comment from the public if not we have a motion to approve as as presented we have a second all of those in favor please signify by saying i i any opposed no that is a unanimous uh we're ready now to go to the regular agenda but first i want a few minutes to break so let's take about let's take about five or 10 minutes beating back to order our next item will be number eight on the public hearing the comment section this is a presentation for the downtown st angelo inc the first quarter report mr dale velasquez you have the floor sir thank you thank you mayor and congratulations to the new council uh we look forward to working with you and uh also i wanted to let you know that our president brenda gunner called me this morning wasn't feeling very well she was going to present also as uh all the financials which she's very uh uh astute on and i'm not quite as astute on so i'm going to kind of skim through that part of it but i i did want to give a a report on some of the activities that we are engaged in uh just last week we just uh launched a a new initiative called discover downtown and what we're doing is inviting our business merchants and

[1:05:59] uh restaurants and and etc to participate in what more or less an open house and we had the first one yesterday a new business that started uh was started by rita carano it's called rita's floral and uh design center and we had a block party to celebrate and uh in 105° temperature we had approximately 200 people show up which i thought was pretty impressive uh it was a great initiative and we'll continue to do that on a quarterly basis um also we launched and one of the things we do and i'm gonna pass them out is that too working with the st angelo standard times uh they they put together an insert in the newspaper and it it's about retail and the businesses downtown promoting them uh and inside that particular insert there's also a uh brochure that we print uh on an ask need basis really is and an update in terms of new businesses and for restaurants and bars so one of the wanted to put that out for for you to look at um one of the other initiatives that we're involved in and and i hope you've uh read or heard about is the cleanup of the uh roosevelt hotel uh which we've been engaged in since may and i really wanted to take just a few seconds to thank the city of st angelo and their staff especially bob neman uh ron lewis john rangel and shane kelton for their support uh and helping us with that the texas department of justice um let us uh use uh some of their uh trustees to help us with this project also wanted to mention uh robert surell and and republic uh acme metal all those individuals or companies and individuals uh made it all possible we worked like clockwork to get all of the uh cleaning up that's taking place there on july the 24th uh we will begin the asbestous removal process of that particular uh

[1:08:04] facility and our hope then is to uh sell it um and hopefully recover our costs in in the cleanup process and uh that it will become a vital building in the downtown area especially where it's located um we are working with the planning department uh we're going to host a uh mini town hall meeting if you will on july the 9th uh and that is to discuss um the uh sign ordinance and some of the uh uh questions and confusion hopefully that's that's that's the goal is of this meeting is to uh make sure that all merchants downtown understand what the sign ordinances are and what the uh regulations are around signs when and where dale it'll be july the 9th tuesday at 5:30 at the downtown st angelo office and so we've already extended the invitations to um all of the downtown merchants and and we're well on our way on that may the mayor go may the mayor show up well i'd love for the mayor to be there sir and all the city council all city council i know johnny will is already on the uh on the plans to be there uh we also have been in contact with the st angelo police department and working to address some of the concerns that we have for downtown safety as far as especially traffic uh one of the things we discussed is that there be a study on traffic flow uh look at the reduction of the speed limit in the downtown area um i know that uh they reported to us that on weekends uh there's approximately anywhere between 3 to 5,000 people in downtown area especially in the evening which is where we're mostly concerned about so we are working with them on that issue um and so i'm going to get into um the report here um i'm going to kind of skim through

[1:10:08] down to the bottom of bottom line well here i'm going to go into some of the rehab work that's being done uh and the amounts that's been submitted uh through the uh planning before i get into that let me retract it a little bit one of the things that we found in going through the uh state controllers report on sales tax uh was that we identified errors that or omissions actually there were omissions of businesses that were not being uh reported on and it took us a couple of months to get that straightened out so um our increase or some of the increases that you'll see in this report is because of those businesses being omitted by the state in terms of their um report reporting structure um here we have at 609 south chad uh some work being done on what was the old rita theater uh down at uh and that again is well $600 uh charles uh kornfield has at 59 north chadurn has invested 6,240 in a building that he's uh owns and rehabbing um this particular project uh is at 495 new construction um this is an industrialized commercial which i referenced before uh about the um design and historic commission uh position on that um we have another project here of $1,000 uh rust street ministries um so all in all with the independent school district first quarter uh we had they spent $637,000 on rehabbing some work done at uh fort koncho so we had uh four relocations 22 new jobs that were created um 1725 hours of volunteer work

[1:12:15] um for a total of 696,840 in reinvestment in downtown our cumulative um for downtown reinvestment is 78,319,332 um here is our profit and loss um report for the first quarter um our total uh is 75,874 we budget at 56,4453 so we're over budget by 19,82947 there's our expenses i won't bore you with that and our total net income is $39,741.96 we had budgeted 26,38813 we're over budget by 13,35383 uh we continue to do our fundraising efforts and initiatives and we'll see that we just purchased 10 new sheep and that's part of why we're a little bit over budget uh we purchased 10 new sheep um the fiberglass sheep i hope everybody knows what i'm talking about uh and um we've already sold uh seven but the money hasn't come in yet so uh of those 10 sheep so we'll see those numbers changing some um do you have any questions on any of this jo i do i do have a quick one yes sir on do you know when the uh the the cumulative total on the reinvestment when did that start do you know how far it goes back 78 million in 2005 2005 yes sir that's when downtown st angelo became um came was created okay thank you charlotte could you uh back up on your screen to the displays the the lacy

[1:14:20] lance at 5:30 south irving yes ma'am what what is that um that is a commercial uh industrial trailer mhm that's located on um as it says 530 uh south irving between avenue a and b um to kind of give you a reference it's offices real estate attorneys i mean what are they it um i don't quote me on this because i really my understanding it's devon uh energy um and they uh it's a temporary structure this is a temporary structure this mobile okay that's that's what i wanted to know we've been we've been told that it's uh approximately going to be there around 6 months uh and that it will be moved at that point um and then if you don't mind go ahead i'm sorry excuse me 6 months from when uh i believe it was placed there two months ago i'm not 100% sure about a while back yes sir so you're talking about 6 months from when it was placed there yes that's that's my understanding did it have some zoning exception or there was no zonian exception it was uh that that particular uh plat or property it has been designated and and it is rightfully there um which brings me to this point one of the things that we discussed uh at a previous uh meeting we uh there was a discussion of um reducing the size of the design and historic commission um territory if you will uh and uh as downtown st angelo we don't agree with that we believe in fact that it should be extended especially from the river moving south uh currently the downtown main street property or guidel uh territory uh extends all the way to washington uh on the south end and we believe that the river corridor or the design and historic commission as it's known today would be better served if it went to that uh to that to those

[1:16:24] boundaries um and that would have prevented uh this particular project from taking place at that location i think the key word here is temporary yeah it is in charlotte i mean there there are two buildings just like that and it's right behind that old ms system food store on south chadurn that's where they're i just don't want to get into what we got into seven years ago that it was just temporary a couple of places downtown they're still there okay mr fleming anyone else have anything you want to say public this is your time for comments on this report if you have any if not thank you sir y'all keep working make downtown viable it's good for all of us thank you d all right let's move on to the next item number nine this is discussion and possible action regarding the fiscal year 21324 budget preparation and i suppose morgan will be making our presentation you and michael wait a minute uh sorry this it i mean you were up here on the 18th and it was just you gave us our calendar is this just a repeat of that because yes ma'am we we just wanted to remind this new council what that calendar was and uh uh emphasize that we were interested in hearing what this new council's priorities were so that we could uh begin moving our our work in that direction i'm just having problem talking about the 2014 budget when we have yet to have a budget workshop for the council members that's that's where i'm at uh we haven't had one single workshop well and we are tickled to hear you say that because that's how we feel also that we that we should meet and hear what your priorities are so that we can craft a budget which which reflects those priorities and uh that is we have

[1:18:30] with your statement that you feel like we should meet we have achieved our objective for this agenda item we're we're interested in knowing what your priorities are and we wanted you to know what the rest of the year looked like i'm i'm ready to schedule workshops we've got to start working on on the budget i've got my calendar if everybody else is if that's what you're wanting to know go right to the calendars please i can't speak for the for the rest of the the dice up here but i know i i definitely want to be as hands-on as we can and my priority is the budget you know we can't we can't set our priorities as far as getting anything accomplished without a good budget so mr mayor and i totally agree with don and miss farmer when i looked at when looked at the background even even though it says discuss 20134 budget all i saw was calendar so if you if it's going to be calendar related only we just call it a calendar related subject and not we're going into the budget already i understand we're setting meetings up but you know say that it's just discussion of calendar setup or you know dates that we're looking at so i think that's where maybe the confusion is also because i i totally agree that we're all interested in budget but if it's calendar just label it calendar sure we're happy to do that and make it as flexible for the council's pleasure certainly go ahead mark that's that's really it you hit it that uh we've got a couple of meetings here in july we're at the first one we've got a regularly scheduled meeting at the next uh council meeting in in two weeks uh and in august we'll start taking action under our under normal circumstances we would start taking action uh we would introduce that budget at the second meeting in august and so you know we're i think uh to let you know that the time frame is tight we'd we'd like you to uh

[1:20:33] maybe tell us what your interest is in additional meetings uh we can talk about that now or under future agenda items and uh it's possible action i don't see why we can't set a date right now i certainly don't see us having any budget workshops this week with the 4th of july in there so that starts with u you don't have july 8th you've got july 20th july 26 by state law we have to have a draft publish budget published that's not an action item required no and that draft budget does not have to be you know a draft including council priorities we need to get our old ducks lined up so that we're ready to talk about new ducks to line up and and we'll be lining up old ducks to get the draft um how about the week of the 22nd i mean is that that gives all of us time to work into our calendars i mean i've already got stuff booked through the 18th and and you do too uh that's that's not good for the mayor or myself but the week of the 22nd or the 29th works for me uh for workshops to set workshops i'd say when staff is ready to schedule a date tell us tell us when you're ready and we'll work around it we can be ready on the 22nd 22nd which one of the 22nd july no i mean on that calendar we have two 2 seconds which one are we talking about oh it does 22 we just they think about the first 22nd or the second 22nd i think the second well either one of those can work but maybe on a tuesday the second tuesday the 22nd would be fine with me if it's all right with the rest of the council and it's all right as long as we're not confused with monday 22nd the second 22nd okay would be the fine with me if it's if it's fine with morgan do you see what we're talking about absolutely i apologize

[1:22:35] there's a monday and two 9:00 a.m oh that wasn't intentional those are two mondays mr mr mayor that's the way it works two mondays i've had many weeks like that well let me ask this uh so on july 16th it'll be just a regular council meeting why couldn't we turn that into a or could we not i mean i'd be interested even on the 16th of starting discussions and i don't have a problem that either if staff is ready that's what i was waiting for was staff to say when you when they are ready for these michael let me ask you you guys have had uh budget discussions with all your directors is that correct not with all of them some of those had to be rescheduled because we had that uh emergency okay where we activated the emergency operations center and so those are rescheduled for this week i think that yes sir all we got them all in this week well no there are still some outst outstanding but we're working through it yes mr silvas we have been working through those budget discussions internally and 1:00 then we strive to have the workshop on the 16th at 1:00 uh in the regular meeting the morning rodney yeah that's fine is that all right with you fine if it's fine with that's fine with if it's fine with y'all it's fine with council meeting going to be over sir is the council meeting going to be over well no no he talking about the the morning session work on it if it's if it's all right with council we'll post in a way that allows some flexibility there if if we can if we can't we'll we'll post the way the law requires i plan on these meetings be over by 1 or 2:00 so you know anywhere you put them right in there i think we can work with it if that's good with the council and it's good with staff i think we need to set it up on the 16th yes in addition to the 23rd i believe i hear the same no no i don't think we need two of them well we'll have time at the 16th if we'll just if we need them 16th if we need them we'll have a second one on the

[1:24:37] second 22nd but let's just do it on 16th and go from there and not the first 22 stenel them style yes sir that work morgan yes sir absolutely that's what we needed for item number nine everybody satisfied so let me ask this so what about what you have there morgan what about august we just delete all that there's well those the the items in august are required action items uh and those are regularly scheduled dates so we'll move ahead with those if we're ready to do so and of course based on the progress we make at the 16th we'll we'll schedule any other budget work sessions we need to we'll know what we need to do then anybody in the public have any problem with this if not we'll move on move on to the next agenda item mr mayor yes sir excuse me i want to address that when you get to it i i want to pull 10 uh 12 and 13 items from the agenda uh i want those i would if the council agrees i want those items heard whenever i get get to be heard with my my agenda it's fine with me now say that again you want to pull item 10 which is hotel occupancy i think he wants a table 10 12 and 13 [Music] well i'd rather go ahead and discuss them but i guess it's going to be up to the council if whatever the four pe whatever four members say i would like to go ahead and discuss them are you wanting to table those items till the next meeting for what reason sir so so i can get my items heard also that i tried to put on the agenda for today oh i think we will get your items heard i think we will get your items heard we covered that pretty well i would i would i would like to go ahead and hear the rest of the agenda i think it's important do i have consensus of the council to go ahead and hear them or do we do we postpone them i'm okay with it mr fleming i'm fine with marty what hearing them going ahead and

[1:26:43] hearing them marty uh i i i would definitely like to hear 12 for sure um i'm not interested that's my item that's on there and i'm not interested in hearing it unless they're prepared to give me what i asked for at last council meeting well i can see i could see then some some reason to pull 12 i don't see any reason to pull 10 well i've made myself as clear as i [Music] can but i think in the interest of the public and i understand that you didn't get your items on there and i understand that we covered that but i don't see the reason to personally i don't see the reason to sacrifice other items because of the two that you lost so i'm asking for the council members on item 10 do i have four people that want to hear 10 i'd like to hear 10 yes rodney yes 10 let's read it because i also want to hear it item number 10 discussion and possible action regarding excess hotel occupancy tax receipts and again miss morgan uh mayor uh morgan's going to help me out through this but uh i'll probably walk us through if that's all right that's fine uh what we wanted to do is remind council that uh we've seen unprecedented growth in occupancy tax revenues uh we see a significant upward trend we're not ready to bet the farm that this is a long-term trend and we're not ready to make commitments even in the short term to uh utilize all that money we think we want to be smart about how we use that money and that means that as staff we're we're we're going to make a uh an estimate of what excess revenue exists and then ask for council input on how what's the best use of those funds and so at this point we want to treat these this excess if we determine there is one as one-time type money we don't want to make an ongoing commitment with that at this

[1:28:45] point uh and then of course we want to utilize that excess for items council deems as priority when you look at last year's activity and this year's activity what what you end up with is revenue that exceeds what it was budgeted so for the current for for as we look at the current year you look at actual revenue from last year is 2.2 million the current year's actual budget this year is just under 1.6 million and the year-to- date revenues through the end of may is 1.7 million so we've already achieved a year's a year's worth of revenue through the end of may wow and uh based on the trends through the end of may that revenue could hit $2.6 million in this year now we're getting ready to talk about two different years we want to look at last year's budget and act last year's actual experience and we want to talk about money that exists there but we also want to leave you with the impression the understanding that we think this year there's going to be some excess also so if we go to the next slide please looking at what exists as of 930 2012 last the end of last fiscal year that civic events fund that 93012 civic events fund fund balance $670,000 the civic events fund is where those monies go in and are distributed out of if you assume you want a 90-day reserve recall that that that is the finance industry's term for a fund balance a liquid fund balance to ride out uh difficult economic times or to address emergency issues they express that in number of days of expenditures so 90day a 90-day reserve of fund balance would be approximately 505,000 which would leave an a surplus of approximately 164,000 plus in our contract renewal

[1:30:49] with the cvb uh they also because they were the revenues were up last year they received more revenue in that old ordinance than they needed to cover the budget that they had so they're going to return to us approximately $300,000 it's a little over that but i think it's 300 300's a safe number and so when you add that to what we have just uh declared as a surplus you have approximately $464,000 that that we're saying might be available to council to allocate to onetime projects now that's as of 9:30 that doesn't include this year's activity also so this is cash in hand this is not a projection this is cash in hand with the exception of the uh 300,000 from the cvb but they have that booked as a liability uh they booked it as a liability during their audit michael when do we get that 300 back or they're they're ready to write us a check at at any point and so uh the cvb we'll hear in a minute was involved in our discussion of what we think priorities are for this occupancy tax money and depending on how those discussions go we may say keep this money and do this project or send us the money back we'll issue you a check for the money for the project but this is this was uh this is the amount we're saying is surplus based on current operating standards um in the civic events fund and could be made available by council for projects that council thinks are priorities now before we move on uh i think it'd be an appropriate question to ask how well staff how far do you want us to go today we don't have to take any action on this today our intent is to we've had part of this discussion before with the other council our our intent today is to inform and and allow council to begin thinking about this possible excess to

[1:32:52] begin uh formulating questions or opinions in their in your minds about what the priorities might be what you might see as worthy projects and uh and so uh and to form a basis for further discussions if necessary so mr mayor i do have one question yes sir morgan can you go back one slide michael the 2.6 million is that in addition to the year-to- date revenues no sir that would be where the the yeartoate could end up right so in this example we we are likely if the trend continues we're likely to collect another $860,000 on top of that 1.739 okay can we possibly use that money for what what projects can we not use it for perfect example is the fairmont cemetery that we were talking about that we own as a city and we need to in invest money back into that project to get it going can you possibly use that money for that good question the principle associated it's it's controlled by state law and the principle associated with it the underlying principle is heads in beds so if an event or an activity or a facility contributes toward the placement or the generation of heads in beds generally it's something we can look further into there are some more particulars associated with it but those are heads for i mean you know that's it you have a funeral you have people come in from out of town we would certainly be willing to look into that if if you wanted us to i'm not interested in as i stated with the last group i'm not interested in jumping in there and spending any of it other than something that we like mr fleming just mentioned these uh funds are needed to support the cemetery and you know i would be willing to spend it on that because it's needed

[1:34:56] and it's going to make more money in the future other than that i'm in no hurry to spend money that projected that we're going to get in excess as i want to hold on to it anyone else yes uh i i agree with charlotte 100% completely and uh but i would like to see the language the legal language that says what we can uh use this for and not just have some examples that doesn't inform me to the extent i want to be informed so i know you can get that for us michael yes sir um this is good conversation what we wanted today if you look at our list today you see we got a few items checked off there today's discussion was concept we have some excess we think there are some needs out there and we think the excess and the needs can be matched up uh we do want to have a schedule uh have a discussion where we cover what the legal restrictions are and find out exactly from a legal standpoint what our opportunities are and then uh once we identify once council identifies what its priorities are and and the pace and the phasing associated with some of these projects we we'll need to come back and amend our budget uh to allow those expenditures to occur so i i think at this point what i'm hearing is we want to we our next step formally is we want to know legally what our options are we want to provide that information to council and uh have further this discussion down the road that's correct okay thank you sir don you know as as far as the list goes um morgan can you move us into that please it it's it's a good list um but i i think with these things kind of like what what everyone else has said we need to to be sure that we have things like a forklift that'll last us 20 years a roof for the coliseum that's going to last us years uh except for the consultant why do we need a consultant for the roof uh

[1:37:01] the roof is has suffered damage it's it's an old roof and so we've lost pieces off of it so i don't know what terminology they used on that but basically the roof is going to have to have some sort of engineering design on it so whether it's a consultant or you know a licensed engineer who works for a company maybe you don't even have to pay them for that but that project will have to go out for bid and initially we're going to have to have someone come in and assess you know do we want to put the same kind of roof back on it or are there some new modern type roofs that would be longerl lasting those kind of things so those may or may not be something that actually cost funds okay donnie i was just going to ask on that list right there morgan what what are the asterisks what i think it's important to note that for a couple of these items we're actually leveraging our dollars there are other funding sources available so what the asterk means is that is not the complete project cost for example the convention center marquee the cost of that would be $50,000 there's $35,000 already budgeted already available for investment in this uh facility we're in there would just be a request from the hot allocation for 15,000 very similar with the beams at the visitor center um a very similar situation what is that beams at visitor center there are some beams that are not they're exposed to the weather and they're not weathering well at the visitors center and uh as i recall it's going to be approximately $80,000 60 to $80,000 and they the chamber i believe is coming up with some cash and the vis and the uh health foundation and um so this again is money that would be matched with other monies uh in fact if if it's all right with council i'll just take a minute and go through these right quick uh for konacho stables air conditioning that was uh seen by uh both groups the cvb group and the civic events group as a as

[1:39:04] a priority that the uh facility would receive uh lots more um rental uh activity if if people could have air conditioning in when the weather required it uh the convention center marquee obviously we have an old marquee out front uh and that replacement and updating would be a priority riverfest we're going to hear about riverfest here in a few minutes there's a a proposal to uh fund uh a portion of the expenses associated with the celebration of the river we'll we'll talk about that on a f future agenda item uh sewer line at the convention center um there is when this facility has high volume activity uh they have trouble with the sewer line and it's a regular issue it backs up and they have to close the restrooms down and uh that that needs some work and uh so that is a proposed item beams at the visitor center there's one or more beams that uh are not weathering well and so they're looking at replacing those with a a more suitable material coliseum roof consultant could you go to the next page please really our our concern is for the coliseum roof and uh because of what rick went through we talked about the possibility of a consultant to guide us um yeah and even on that estimate those are i i know from what we've heard just initially the roof roof replacement is going to probably be a half a million plus so i think the half a million is conservative so those are just we do think that's a priority that that roof is very old and the facility uh it'll be a while before you know we hear talk once in a while now about what are we going to do when it's time to replace that facility but uh uh we need that facility to last for quite a bit longer way lease items are maintenance are we not doing routine

[1:41:09] maintenance through the year uh such as you know a flushing and cleaning of the sewer lines uh especially in tree riddled areas around here i mean most of our facilities as council's pretty aware have not received in my opinion adequate budgeting for maintenance maintenance and that has been one of the priorities that council set before us prior councils as we bring new facilities or renovated facilities online is that we start to try so my uh recommendation on these has been one that also civic events for instance look at their budget as the cvb did and make sure that their budget that they bring forward then is adequate to help starting to do some of the maintenance items that i think council and charlotte has been a fan of that as said as a priority so some of these like the roof are ones that should have been looked at years ago but there hasn't been funding in place for those things to happen they've been on the capital list of needs but there hasn't been a funding source identified so this is a potential funding source for those capital items that have been listed for several years in some cases i don't see the railroad building roof that that's happening today it is being replaced today but not the whole roof they're putting the tiles on thank you miss farmer we are glad to hear you talk about setting money aside for roofing uh we started some of that discussion last year during uh budget about beginning to uh adopt a more of a uh save more upfront borrow less uh as we do the project and we'd like to uh continue that continue that discussion and so we welcome i don't have a problem spending our new found monies on maintenance items in our streets and roofs that we've had to defer because of no money but to start new projects or wish listes i i'm totally against it that's just my

[1:43:11] feeling in it before we get into budget talks well we certainly have some deferred maintenance opportunities and and we'll be interested in hearing what your priorities are wayfinding uh is a project that goes back a few years and uh just has to do with signage around town and then a forklift for the for operating the convention center and the coliseum and and so these were items which were were brought forth it's not necessarily an all-inclusive list it doesn't have to be this list we wanted you to be aware of those and so you could be thinking about those and and uh we'll continue this conversation well if you'll go back to the checklist or the there we go today's the concept discussion we've planted those seeds we'll come back with a legal discussion and uh uh we'll move from there further comment from the council well this is a very nice problem to have it's not as in past years but i have always said we need a savings account so i don't spend everything we get i'd like to put some of it back because we don't know what's we don't know what the future holds so mr mayor yes sir quick question and rick michael what's the difference between wayfinding phase one the 300,000 and the river corridor way finding 150,000 carl can it speak to it too but there's there there are different components of the wayfinding and as they've looked through that and actually the wayfinding component as a whole was even much bigger than that i don't remember the total number carl may have it but we broke the river corridor out because there was discussion of whether that should be is something we should attempt to fund through hot money or if we have additional funds from the river project if we should try to fund that through that component so there is a component within the wayfinding that is specific to signage directing people down to the the river uh and so forth and activities down there okay that's all i need morgan you don't have to go into comments from the from the public mr

[1:45:15] turner step up please sir yes my name is jim turner one of the things that needs to be discussed while you're discussing the legal restrictions and so on is the likely impact you have of the exemption you have for long-term contracts at these motel that the rooms get occupied by people here for the oil boom for over 30 days and those rooms are no longer generating hot funds a projection on that because that would negatively impact the amount of money that comes in we could have little hotels not very much hot coming in just because they're all taken up by oil boom personnel and stuff like that just a projection because it this is going to be just a wild guess crystal ball type stuff but how much impact that could have based on what we've seen happen in other cities other areas uh would be useful so that if nothing else it's going to even make the need for this long-term fund balance higher because we may have a drought in the middle of a hotel occupancy boom where we're not getting a lot of occupancy tax thank you anyone else care to speak to this have any suggestions if not this was just a this was just a discussion y'all can bring back what you need and as we talk about it we talk about this further let's move on to item number 11 this is carl white it's consideration of approving the allocation of $30,000 of hotel occupancy tax revenues to a city event account and the creation of revenue and expenditure accounts for city events primarily riverfest mr white it sounds like council may not be ready to take action on this but at least it gives me the opportunity to talk about this event this event um a little bit of history about this

[1:47:17] event this is the the first logo that we're looking at having for the event but riverfest were we're scheduling for the 18th and 19th of october of this year and we talked about it about a year ago that with the completion of the river project and with the 100th anniversary of santa fe park coming up we really needed to step step up and host a big event the city doesn't really host any events outside of uh christmas fort koncho and the lily fest typically cities um kind of step up and host larger community events like this so we think it's it's time for for us to step up and have a large event mind you some of our excess to pay our light bill we've got the completion of the river project coming up the 100th year anniversary of uh the acquisition of santa fe park which is primarily the golf course in kids kingdom park uh we've got a blossoming um art that's growing in in the river corridor and and in public places we want to celebrate that and we want to just generally celebrate life in st angelo this i'd like to explain that this event isn't a recreation of fiesta del concho or the the concho festival that the junior league had a few years back that event uh had a lot of vendors and arts and crafts this event does not have this it's primarily activity- based we've come together with lots several folks to and we a committee has been meeting every other week uh since about january to talk about what this event could be we've joined with the convention visitors bureau downtown st angelo art and uncommon places they're the ones who were behind a lot of the river art the girl scouts goodfellow of course our own internal departments angelo state university st angelo host citywise marketing uh the museum of fine arts cely flats race texas and two pro club management just a quick visual of the event and um i'll show you a schedule here in a minute but just starting in

[1:49:20] the west we'll have tours of the water lit collection it's still quite viewable at that time of year up until the end of october golf tournament santa fe golf course a color run a color up run and i'll explain more about that um in a second children's activities concessions and maybe some music at kids kingdom the sculpture garden will have the salmon sculpture competition unveiling on the friday night canoe and kayak races by the girl scouts escaped uh skating demonstration at the skate park um games at the new games court area botchi ball uh chess and washers a carnival at the old nests area uh a cardboard boat riotta by celebration bridge unveiling hopefully of more art at firefighters memorial city park uh paddle boats for the public to to enjoy bands at the river stage friday night and saturday night uh perhaps some activities at the old town and then the color up run actually would start at fort koncho and then hopefully a balloon lift and glow at the po grounds a quick look at the schedule if this if this works the way we hope it does it'll kick off friday evening with the salmon sculpture competition reveal have music at the river stage friday night we'll start back up saturday morning at 9:00 with a color up run we'll also have concurrently have the golf tournament santa fe golf course activities for the kids starting at 10:30 with the official kickoff uh with the mayor kicking us off at 11:00 at kids kingdom park uh 2 to 3:30 have with a vintage baseball game at kids kingdom park and then uh games and paddle boats and other activities at the games court area late morning early afternoon the canoe and kayak races the carnival would start at noon or perhaps a little bit later at nevs the skate demonstration the tours of the water lily collection the cardboard book riata the balloon lift and then the laser light show at the river stage which

[1:51:22] would be free to the public and i would like to mention that this this whole event is free to the public there's no admission charge now there are exceptions for some of the music uh saturday night which would be ticketed and that would be the headliner groups that we're looking at bringing saturday night a little bit on the colorup run and and you may have seen a little bit about this recently uh this is a more recreational run it's not a not a competitive run and you may have seen some things in the news lately about these but it's a way to actually make a 5k run more fun and so what this event is is basically taking food starch colored food starch and different locations where you go along the run you get pelted by these packets of of of coloring which makes it kind of exciting ant go that does beat rotten fruit though like a tomato run which makes it you know you anticipate coming up to the color area where you're going to get hit with color and it's they're spaced out along the route so it kind of adds a layer of fun uh to the run going back just a second we want to start this uh at fort koncho because it it has it's it's a great place to start because that's where our city started at fort koncho it makes a great route for 5k to start at the fort end at the po and then of course we have lots of parking available right now i believe we have 1,200 people already signed up for this run this run could happen even if riverfest doesn't happen so um it's not waiting on any approval from council in terms of funding for this and um the route would start at the fort go up oaks downtown koncho back along the river around santa fe golf course cross the river on the southside along the new trail section and then end at the po these are anticipated costs the reason why we're asking for for money for this and i understand you may not want to make a decision today but the

[1:53:24] reason we're asking for this is so we can make some commitments for the event if we don't get this money we're still going to have an event it would just be scaled down uh fairly substantially um but if we do get the money then we can make some commitments this summer to bring in things like the laser light show uh that really is waiting a commitment from us to actually get it on the schedule we hope to bring all the bands in either underwritten or paid by covered by a promoter through ticketed uh revenue and of course we have different expenses for security insurance portable restrooms and that really depends on how many people we anticipate getting dumpsters and tracks trash trash collection temporary laborers advertising and marketing volunteer support primarily for uh breakfast and lunch um so they don't have to worry about that during the event and our estimated costs are $30,000 now the reason we're asking for seed money so we can create this so we can make commitments but we anticipate bringing in some revenue uh to cover those expenses to to help make this a perpetual event and we hope to get that revenue from sponsorships in kind donations uh carnival proceeds concession proceeds the sale of novelties like t-shirts and then the color up run as part of their reg registration $5 that everybody pays for that registration would go to a specific charity in this case our selected charity is reging of the river corridor planting new trees when the time is right and then right now the estimated economic impact approaches a million dollars and that really depends on how many people attend the event and how many people from out of town attend that event what you're describing is to delono it is but it doesn't have all the vendors and the arts and crafts um miss farmer you may speak now thank you i appreciate that mr mayor but it does it sounds like fiesta del koncho involved with when it was here 30 years ago and and was great

[1:55:27] fun brought a lot of people in uh economic impact um what i don't see is how much income you think that you will make um because there's could be potentially a whole lot more than the 30,000 expense but i don't want to spend the money i i i truly don't um it's it's only $30,000 and it's great but it's still an expense of of money that we don't have yet i seeing a lot of deferred maintenance in the previous presentation i'm not for it don um say i'm not for it either uh i wouldn't have as much problem if you can show me a revenue stream to where it would be a loan instead of uh a $30,000 giveaway i just i if i'm not sure we're going to if people come in from out of town we're going to have enough beds to put them in anyway so um i'm a little skeptical about the the million dollars in in impact also but it's my feelings isn't this an activity that as a rule the chamber would do that they don't have to do it there's no rule saying that they have to do it and the city can't do it okay rodney i totally agree with charlotte i think i why did y'all go away from the vendors though why did why wouldn't we try to get more vendors involved and have them pay for the 30,000 was there a reason for that well early on when we talked about the scope of the event we we decided we decided not to h have vendors at this time okay well i don't agree with it i i'm i'm totally with them i i'm not for putting any more money into it part of that unless it was a loan unless we did talk about doing what winky said do a loan of some sort and we know that we're going to get that that money back to to expand on what

[1:57:30] carl said part of the deal is is that of course everybody knows the when fiesta was here that was a chamber run event that was not a city-run event so this started off as just an attempt to celebrate the completion of the river project those things that everyone's pretty excited about um so it was an attempt to to do that and maybe something would start from it that would continue on um carl as he stated you know the 30,000 it's a new event so it's very hard for staff to predict what revenue that may or may not bring in as a firstear event so he may get sponsors who step up and cover the entire 30,000 he may not and so that's why he was very clear that it it it wouldn't be at this point he can't predict what that would be on a first year event well maybe you'll know better next year well that that's possible or we or we won't have it or as carl said we can scale it down to something that doesn't require any financial uh commitment from the city john in my humble opinion i like the idea from the get-go i think in looking at your presentation the only concern i had was i was hoping it'd all be free and uh the million dollars i agree with don it's kind of hard to get a grasp a hold of we would hope it would have that economic impact uh the ticketed event on the saturday night is it kind of you know leaves a kind of bad taste in my mouth uh i would hope it'd be free to the public but again you know i like the idea i like the concept uh maybe this turns into an annual event uh i don't know but in my humble opinion my opinion only i would i would support the idea other would than than the discussion of the concern about the uh the the saturday night event and another question where are you are we anywhere on sponsorships where anything's come in we've got some nibbles but nothing firmly committed yet and this is in october we've got a little bit of time so maybe if he can come up with even half of the 30 uh maybe we could support it even

[1:59:33] further but that's just me talking thanks charlotte i want to make very clear u in all of my time on the council of all the staff who has prepared and provided me with very thorough information before a council meeting on every project it has been carl uh the research that he does and the communication that he puts out to the council i'm very very appreciative you do an outstanding job of providing that information before we come to council i just it it's nothing against the work you've done it's been outstanding uh i just the amount of deferred maintenance around the city that needs to be done and after an event like this then we would have to regrass and redo and a whole bunch of stuff that we've just got going i agree with the kickoff of the river that has been done i just don't want to commit the 30,000 don you and winky satisfied down here satisfied satisfied i i feel basically the same way i i don't like the $30,000 either however i'm not i'm not completely opposed to putting some money in it maybe some seed money but there need to be some matching funds and we really know need to know what we're getting and from what i see of consensus right here i don't think you want a decision today so maybe you can go back and do a little more figuring and bring this back to us and you might be able to find something that kind of sits in the middle somewhere that we could support is that about the way you were hearing it john i'd like to add carl that uh i appreciate you guys putting this idea together because uh and again i'm all for it because if all we have to look forward to is the rodeo which i love the rodeo carnival and all that and then maybe the boat races really that's it i mean this city is is dead after that it's kind christmas at fort con even that but you know some fun activities like this uh don't give up on the idea i think even this being publicized maybe it'll open up doors for you for for some

[2:01:35] sponsorships but don't let the idea you know go away if you guys can pull it off with some uh private monies out there go for it i mean i think our city needs it and uh it you know just a fun activity and i'm all for it so it sounds like there is support for doing the event but just not the the secret you're you're on the right track okay just uh kind of put it together and see if you can come up with something maybe we can do some compromising on is there any thought any thoughts from the public on this is any else anyone wants to speak to this come forward and state your name and state your opinion good morning my name is louis pettis i'm currently the chairman for the parks and recreation advis uh advisory committee board and um just a couple of comments real quickly um as chair sitting where you sit mayor um we're trying to gauge the temperature and the the atmosphere of the of the current new council and congratulations to all the new council members and so i know that this item we had uh had a vote and the consent unanimous vote was to approve and to bring forward to city council and so hearing what i'm hearing today and then i know we've had another uh item on the agenda from previous meetings where the same thing unanimous decision and it was complete it was voted down as well so as your chairman um give us some direction some guidance or some feedback as to is this the direction we need to take from now on or um or how do we should we proceed from here forward or i think you're doing i think you're doing a great job i mean you have you you've come together as a as a committee you made you made your decision you've gone through carl you brought it to us you see what we think about it you know that it's a viable thing we want it but it's going to have to be something that we can justify to our taxpayers so of course i think you're on the right track i just think you may need to just tweak it a bit okay okay well i just want to make sure and

[2:03:40] that's what my opinion if y'all agree with me i just say this we're we're not party poopers but uh there's been election was just held and there have been turnover in the council and uh i know all these people personally and we're just going to have to rep prioritize some of our things and we've got our own particular priorities since we're a new council and uh uh so everybody's just going to have to understand that okay and i'm and with all due respect councilman warlock we just want to make sure the transition from this old council to the new council is in correlation and it runs parallel with the with the parks and recreation board as well and so we just because we're the representatives that are representing your the council members i i've been the one that's been working for year over a year trying to get the trees watered down at santa fe park i'm not against the parks at all correct but uh we we only have so much money and we have to prioritize and uh this council is just not going to agree with the last council and a bunch of them ran for ran uh in the election and they lost so that needs to tell you something okay you're on the right track you're on the right track mr for me it's wonderful and it's a great thing for st angel low and to have people to come and do and you've done a very thorough job and i as i said carl that it's a thorough job in in representing it but where we are right now today even though we've got some monies coming in water sure our concentration and our focus of our monies has to be on water and i'm just reluctant to spend 30,000 here 50,000 there 100,000 here when we still have not t tied down our problems of having a long-term water source that's where i'm coming from everybody closing remarks i'm i'm totally for the riverfest deal 100% i think it's a very very good thing i i agree with charlotte and mr or

[2:05:44] councilman wardlaw that we the city should not be putting any money into this this has to be corporate based in my that's my opinion but i think if if we can get the corporate sponsors to step up and help us out on this but this as a city i just don't believe we should be put putting any money in my opinion no money into this okay we have so many other things that h that really have been deferred for years and years and years we we're so far behind on our street maintenance that it's just unbelievable we may never ever catch up so to me i think that you really have to set the priority on the monies and this is not one of my priorities i wouldn't i definitely would not be for putting money into it i'm 100% for the idea of it yes sir i do have a comment yes sir go ahead um i i agree with the project wholeheartedly uh the the money truly is a problem but um when we discussed this council or prior councils um you know i think maybe the the the other thing you were talking about maybe was the west one deal or yeah little league project and and um i i think there was probably a a consensus on that and i think it's moving forward uh anyway but i i i think it was just a matter of how we got there that but uh i i think you keep plugging and keep bringing them and and and uh you know i think this is a single and i think uh i think there's a home run i i think prior councils were were possibly when you talk about priorities um possibly wasn't prior councils what was not uh focused on maintenance as much as it is now and i think that's kind of backed us into a corner because of prior council so i can't i think you keep plugging and and and you'll hit the home run okay okay thank you very much thank you mr velasquez just a point of clarification the money

[2:07:49] that we're talking about is hot money and you cannot use that money for street repair or anything else so just wanted to set that stage up first so uh second second thing is downtown st angelo is supportive of this initiative uh we've been involved from the beginning in terms of developing the the plans that you see or have heard about today uh and we are as you saw our financials were a little bit on the whole right now part of it is because we are sponsoring the the colorup run we're we're donating $2,000 for that initiative um but in general uh i think that the project in in itself will eventually pay the city back in a lot of different ways uh we know right now just on the colorup run that about 50% of the people that are signed up are coming in from out of town they're not local st angelo folks that are going to be putting heads in beds and i understand the point about the hotels um but you know that's a good problem to have honestly i think it's a great problem to have that we uh our hotels are full and i think there is room available if you hear from the hotel association they'll tell you that they they can make accommodations so uh and there's other ways we can address the issue as we've done in the past through asu support etc and asu is involved in this project so um i think we can overcome the deficit that we're looking at right now uh again i'm just going to restate the the funding that that's being requested is to help get this project up and running and um can i honestly say to you oh yeah we're going to recover that money i don't know that at this point but um i see this investment of $30,000 versus the monies that we spent in the project of over 13 or 14 million to rehab the river it's uh it's a it's a it's a positive thing for the

[2:09:54] city is that pretty well covered it anybody else at the public want to speak i think if you'll come i think if you'll bring it back to us with some with some changes i believe you can get it passed but i don't think we want to do it today all right i understand let's move on to the yes excuse me so are we taking action mayor are we taking action then that's up to the council right do we want to take counsel do we want them to bring something back to us that's that's more agreeable load up vote down take somebody make me a motion i'll make a motion i'll make a motion to approve this item as presented and if it gets shot down then we'll bring it back but i'll make a motion to approve it okay that's a way to discuss just for the sake of discussion have we got a second i hear no second may i hear another motion i'll make the motion for carl to take the information back and see what the deals or commitments he could get from sponsors to cover this expense or possibly you know from the chamber or elsewhere to cover the expense second i'll second that sounds like a good motion that ought that ought to take care of the legality shouldn't it all right we've got a motion that uh you take this back you look at it again you tweak it you see what you can do to make it more palatable to the seven of us and then bring it back and we'll discuss it again any further discussion on this all of those in favor of the motion say i i any oppose say nay there's your instruction sir yes sir okay the next one is item 12 and if you want to make a motion to postpone this charlotte we'll entertain you right now i i'm going to make a statement if i may since i asked that the item come forward i have looked at uh the work that has been done and presented to us today as far as costs etc and so forth and where we are now but what i had asked for was the uh projected cost from corell on the

[2:12:00] bid for the hickory project versus what has been spent to date that's what is not in there so it it's not as i requested and while the information is good i've looked at it it still does not give me what i asked for and the reason i asked for it in looking at expenses of various projects and stuff um whether it's been half cent sales tax money or other monies we're overspending what was budgeted or what was bid and i i just want to stop the overspending unnecessary spending and i in particularly had requested information uh with reference to the cost of the engineering so far to date and to look at the contract and and see if there were excesses there because i personally feel there's excesses so i do not want to talk about the subject until we can get those items to go with it so we do not peacemeal this subject out make a motion please ma'am that is my motion to postpone this until the next council meeting when we have the information that i had requested on june 18th do i have a second i'll second that there is a motion on the floor to postpone this until we get every bit of the information that has been requested and we want it all we want to know what has been spent and we want to know exactly how it's been spent and we want it made public so that the so that the public knows it as well as as we do any other comment on this mr mayor yes yes sir i totally agree with miss farmer uh because even though say it says update and presentation we can talk numbers all day long without seeing i see what you're wanting is a powerpoint presentation showing numbers showing figures and i don't think i don't know how much clearer you can make that but i totally agree that we we need to see i'm more of a visual guy and uh mr cs the information is out there i don't get

[2:14:04] paid to dig out and tell them where it is and to compare it and provide it for all of you guys that's what staff gets paid to do and that's what i want to see let me ask one last question is your concern are you hearing that we've gone over the $120 million mark are we going or no i you really don't know that's i don't know until i see it okay fair enough any other comments public any anybody want to weigh in on this if not i have a motion on the floor to postpone this until we get the information that we want i also have a second this time i will ask for a show of votes all of those in favor say i i opposed bring it back to us please all right now we go to item number 13 and this is drought levels and related matters as i outlined in the water conservation drought con contingency plan anybody have a problem with discussing this one mr dixon thank you as requested last time that um council at that at the last meeting went to us to bring back a ordinance with the consideration for changing the drought level three trigger points we said we'd do that on the second meeting in july and i just wanted to have a short discussion on our current stuff that we're that we're in right now to make sure that we don't need to change anything out and make sure of exactly what the trigger points or any changes that need to be made so we can get that right on our next meeting agenda um so i just want to go over some of the highlights of of where we're at and see if there's any interest in making any other changes besides any early into drought level three currently our drought level consists of three parts one two and three um and i guess the parts that i'm concerned about are the conditions and the trigger points that go into each

[2:16:08] drought level drought level one the developed water sources is less than a 24 month supply and that allows watering and outside twice every seven days during the period from may 1st to october 31st and once every 14 days from november to march 31st and i just want to know is everybody comfortable with drought level one uh do you want to change the trigger points the amount of water available do we need to change any of that or are we all good with that one at least some place to start council mr mayor yes sir um i would like to look at changing all the stages and the dates on all those and pushing them back so that in my opinion i think we should go to drought level two at 24 months and raise the the 12 month to the three from 12 to probably 15 or 16 somewhere in there uh and raise all the levels up what what water is the most important thing we have going for us and we don't have it correct so i'm sorry go no i'm what i'd like to propose is just move everything back 12 months from the way it is here and you know that way it just extends the time and hopefully gives us more time for rains or or you know whatever needs to be done i i just think we're we're a little bit behind on on our restrictions as far as as what we're doing well i have yeah i have a little bit different take uh only time in my life i've ever disagreed with don but uh one a couple of comments i'll make number one is uh in 2012 the city council which has changed reworked all this so ricky i don't know if you were around at the time but we re reworked all this stuff and of course we got a little bit less water now although maybe really not because we got lower than this at the end of se in september last year but being a businessman uh and uh

[2:18:14] operating businesses around what the council needs to understand is the unintended consequences of of keeping people from watering and uh businesses have landscaping they have hundreds of thousands of dollars invested in their landscaping and while i'm i'm not too hot on grass uh landscaping is an expensive item owned by a business it also affects what uh what your property taxes are your valuation of your property and uh if you tighten this thing up too much you're going to be looking like uh odessa texas uh and so you got to be careful uh you know those tall trees die they you know they don't uh you can't replant those uh and and landscaping costs a lot of money uh and i just ask the council to be careful about that uh and i'm one of one the ones in that boat and i'll admit it but i don't have i don't really want to lose $100,000 worth of landscaping and i don't want to lose my trees either and i don't think anybody else does and uh you know if uh the way the the way that the uh ordinance is structured right now is when we go to drought stage level three we spend a lot of time working on that and we have uh the right to water trees and we have the right to water foundations to keep us from losing those and and all having catastrophic losses and so here again we get back to unintended consequences and i don't think i don't think you better better uh jettison all that and just go to a hard you know a hard count on all this and i would point out for those of you who don't know but john begno knows and i know and that is that uh the city of lano made this mistake in 2012 for those of you drive to austin and uh they uh they cut off all outside water and about

[2:20:18] half their trees died and then it rained about 30 or 60 days later and and the river filled up right there by lano but yet they're stuck with this devastation for the rest of their lives so uh i'm just asking everybody to keep that in mind any other comments yeah marty well i i uh i i think i've somewhere trying to stand on top of the fence uh i i agree with uh with with with with with with with with with with with with with with with with with with with with with councilman warllo i warl i think we need to be very careful on when we uh go to go to three and stop certain watering uh uh i i do agree in moving them up uh u but i think we need to look at what's in them and possibly change uh i i could care less what my front yard looks like as far as grass i i am concerned about what my shrubs look like at my business and at at my house so um i'm i guess i'm kind of in between and i i think we should take stage two probably and and and make it stage one and leave it stage one forever and be in that stage but once we get more restrictive i think we need to have allowances in there for for certain things uh i.e shrubs and and and possibly pools uh so i don't know if that does anything for you but that no it confuses the matter worse okay good so yeah well and i i have no problem with compromise i i just think that um you know we need to start our probably what marty said start our restrictions sooner rather than later um i you know i love big trees and shrubs also but um you know and that's that's why i was saying if we if we move our times around i think we're going to accomplish that with with what's in the ordinance

[2:22:21] ricky let me say it one another way what don i think don is saying he and i have talked about this a lot i think what bugs don is in drought stage level uh i guess what two uh that you're entitled to water once he he wants to water once a week rather than twice a week and that's what bugs him and i think he's got a valid point about that and that may that may be in drought stage one drought drought stage one is twice every seven days drought stage two is once every seven drought stage one is less than 24 months drought stage two is less than 18 months johnny ricky i you're looking i'm trying you got that glaze over i am trying dear in the headlights how many month supplies do we have now today well i didn't run the numbers today yesterday it was 15.75 15 months a little over almost 16 months because i'm willing to bet and i wish i would have asked for it to be included in this presentation and i i totally understand uh i agree with mr warlaw on the business end of it you know businesses have to use water but i've always harped and i've been accused of going into a doing a uh being a part of a witch hunt but the residential folks out there who are using 60 70 80 100,000 gallons a month is what blows me away and that is my concern is it doesn't matter what stage level you label it i think folks are going to use the water as they well please you know if they can afford it they're going to use it and it's sad because they're draining all of us out of you know the supply but i guarantee you i wish i would have asked for the numbers again on the 80 to 100,000 gallons residential 80 to 100,000 gallons a month and we'd be surprised how folks it doesn't even phase them so i just want to throw that in any

[2:24:26] further comment i'd like to yes ma'am uh to me the key is conservation and i look at the numbers daily in in the newspaper is to what our consumption has been here in st angelo and occasionally we go over the consumption of last year this time time to date but what it's telling me is our people are conserving they have cut back uh but i i totally agree with what mr word law said and it's not just the trees foundations uh i have a piece of u uh rental property that we literally had to redo the foundation because it cracked i mean that it's lack of water and it's $21,000 uh these are serious items that are going to have we went through this uh when we redid things and advised that you know they could use the soaker hoses around their foundations to help you know that particular and not to cause that type of injury or expense but conservation efforts are being practiced they could be better i just wish that in our you know this is the only wording if it's 18 months we have to do this i mean you know there are extenduating circumstances that we had discussed what a month or two ago that possibly could be added or not added this is a discussion item only and you're asking for you're asking for i'm asking for directions because at the next meeting i need to bring something back as requested and right now i got nothing and i do would not want to have to stand up here and be and be told that i didn't bring back what was needed as i have today so i'm trying to get what do you want to change in this for me to bring back the ordinance uh ricky let me take a shot at go ahead mr wardlaw you

[2:26:28] got the floor now thank you i'd like i take a shot at one thing is just get rid of twice twice a week watering and drought stage number one and that'll get us down the road a pretty good ways and then um we can other people can come up with their own ideas and modify that to some extent but that that's going to get rid of a big part of of your of your use right there is the twice a week watering okay and last council meeting it was stated you want to go into drought level three right now and is that still the intent of the council or do you want to leave it at 12 less than 12 months supply not my intent okay well mr mayor may i address it excuse me and i'll be brief we went through this in 2012 and i wasn't on the council but we got john begnaw in and he addressed the council and we met and went over all this and here's the thing about it what he tell will tell you and he's dead on he's a number one probably uh horiculturist in the state of texas as far as i'm concerned he says when you're getting somewhat short of water you do not you want to try to stretch out and do not cut off watering until the middle or end of september until the temperature starts cooling off and we get chance of additional rains in the fall but don't you don't cut it off one month early uh in the heat of the summer if if you got the 16 months left it would be foolhardy to do that because what happens is you stress and and kill your landscaping uh whereas you just one more month or or 45 days is not going to make a difference in our water supply here in st angelo and uh mr begnaw was uh able to convince the prior council that that was a prudent thing to do okay all right so what what i've heard so far let me just recap the only thing

[2:28:31] that i've got right now is in drought level two where we're allowed twice a week watering we're going to change that to once a week drought one two or one one drought one okay okay drought level one not twice a week once a week right once a week and i would have no problem marty were you waiting no i'll let him go ahead okay don uh sorry about that i i have no problem uh looking at the figures uh johnny's talking about also and maybe uh above some of the the amounts as far as gallons in residential occupancies are used looking at those for for some higher charges some of those sort of things are you are you talking on the residential are you talking sprinkler meters only or are you talking about total consumption i would imagine total uh yeah total is right and that that number that you want to see total consumption residential is what what was those gallons that you wanted to see those above what i know that the on the higher end it was between 80 and 100,000 gallons a month residential can you imagine that uh i can't uh i i guess you could do the 50,000 i thought it was only 2% of our users exceeded the 80 is that right michael well if he brings us back from information we'll know that's that's what it was last year i think what i'm hearing mr silvis ask for is a list of how many users have we got at 80 or above 80 or above because we got them over 100 johnny you want to know that also right why don't we start everybody above 80 why don't we start at 50,000

[2:30:35] and above everybody above 50,000 yes just for us to to see the bigger picture of we are we conserving and we were supposed to be in this conservative mode but i guarantee you it's not happening you're you're going to bring us numbers right numbers not names no just not names are you in that list no i'm not i'm i'm far from that list but i no i'll leave the names off i'll just bring addresses how that work not even no not even okay uh ricky one other thing yes sir you waiting no okay go ahead mr wardo u and and before you speak out i want you to address me okay i will tell y'all when to speak and as long as someone has the floor they can speak when they give that floor up someone else will speak that i tell to speak we're not going to speak out we're not going to override and we're not going to take people's time i agree so before anyone on this council speaks hit me in the head with something or ask me or do something i will tell you when to speak okay is that fair council is that fair yes okay go ahead mr wl uh i would like for you to go back ricky i think i think we uh do ourselves a disservice if we uh just look at the last year or two you know i was back i was on the council years ago and uh the use was much much higher and we've continually raised water rates and do you remember back 10 years ago wasn't wasn't our annual use about 26 28 uh,000 acre feet of water a year well i i know back i i pulled records back for the last six well no it was further than that it was back there we was up at um 21 22,000 acre feet for sure five or six years ago so yeah i think it was more than that back 10 years ago yeah i mean back there for a while we was pushing 42 million a gallon through the plant so it was pretty tall but we had water so so we we cut back we've cut back over over

[2:32:40] the years we've cut back quite a bit on our use and that that also affects the revenue to the water department too and the conservation efforts that the public is doing is great and it is affecting revenues anyone else my only my only and the last thought on this because this is a discussion item but when we start doing these restrictions and people are not able to water with city water they go to reservoir aquifers on the north end and the south end and they buy water that too many people in this town depend upon as their only source of drinking water so when we start restricting city water we are hurting people in the outlying areas of our town and we also need to be very aware of that and with that i will ask if there's any public opinion on this and then we're going to move on say one more thing just to make sure go ahead sir i'm bringing back an ordinance at the next council meeting that changes drought level one from twice a week watering to once a week watering and i'm bringing back ever the numbers above 50,000 total residential combined any other instructions council combine domestic and and sprinkler yes thank you that all right with council yes okay yes miss joseph and joseph thank you uh a couple of quick points or questions also one commenting about trees foundations primo trees are so important it just kills me to see all the dead trees especially on the north side of town because of the drought that we've been dealing with um i'm wondering if uh regarding when to start drought 1 two and three levels uh if we could look at what are trees going to need at a at a minimum to survive and then apply that mode to drought level one right off the bat like you were saying start it sooner and then we can perhaps have a longer time for the water supply regarding uh commercial landscaping um you

[2:34:42] know trees are important but the rest of the stuff can be replaced in my opinion and those businesses aren't going to have business if the town runs out of water the people are gone so i think trees are important but the rest of the stuff is replaceable i understand the question of the cost that businesses incur but bottom line we got to conserve the water i'll tell you right now when looking at the uh question of total consumption allowed for individuals uh since trees are important don't we need to look at the number of trees that each residential address has because if we're going to support a policy that sustains tree maintenance uh one residence that has no trees is not going to need as much water as one that has more just throwing that out there for consideration also i don't know if this policy is still in existence but i remember recently going through all this uh in recent years and hearing that uh people who went beyond a certain level would be levied a higher price a higher cost that they'd have to pay and i'm over here thinking either we are or are not short on water what's going on that people who have the money to pay more can use more water i don't agree with that concept it's if if if if people that have the money to be able to pay more um i'm sorry they should not be using more water their grass needs to die just as anybody else's to get the town through this tough time so i just wanted to throw that out there and then um just to ask because it looked like people were kind of going towards a decision uh but i i made a note that we need to discuss to study this question in depth and seriously consider everything before coming to a final decision on what exactly is going to ident be identified as drought level 1 two or three and then implementing that thank you yes ma'am hi i'm jamie lee taber

[2:36:53] um i agree with charlotte farmer on conservation um i don't want to go to drought 3 i also am adopt a spot well a park for bail park here in st angelo texas and i hated it when we went to drought 3 uh last year because the giant oak that's been there for longer than i am alive died during that process of drought and everything and i hated to see that thing die and everything and now it's just you know slowly rotten off till the limbs fall off and you know until they can eventually get it cut down but um i also agree with warlaw you know about saving the trees um i don't mind and uh mike hitchcock and roger havlock and carl white you know i discuss things with them on a regular basis and do the reports and everything for the park i don't mind the mosqu trees you know going bye-bye but i want my i would like all the oak trees to stay you know uh all the acorn trees uh we there's even a a redwood kind of tree from california and everything because that provides shade uh i agree not so much on with you about you know the landscape and the greenery you know i see your points and everything but uh um and um i pray about everything i pray for god to protect the park you know and i pray about so many different subjects uh when it comes to rain and everything else and god has always provided rain for the park at bale park and everything i've never during the whole time i've had the park we've never used water because i can't afford it and i really don't want it coming out of the city's pocket in the first place um so god just you know um where i live we've had rain the past five six times now just a

[2:38:57] little bit at a time but you know it uh kind of keeps the park going and everything and um i would like to um i really don't know uh a lot more to say than what i do but charlotte farmer mentioned about conservation and now standard times has a deal in the paper you know right off the arbitraries on the second side about little tips you know that people can do and everything for conserving water uh but when we if we have to go you know whether we go to drought one or we're going to stick at drought 2 but when we have to go like to drought three is there any way possible and i know i'd probably get a lot of people against me but that's tough cuz i conserve a lot in my own apartment and everything even if it's all even though it's all bills paid i that's just the way i was brought up and that's the way you know i live and everything uh you know i only take uh showers every few days unless i have to short showers uh you know uh i water my little lawn in front of my apartment with my dish soap water from dishes i do um hand laundrying sometimes and i use that water it keeps it nice and green and everything uh where i live there is well water but not in the apartments just on the grounds and the owners and the management they want that all green and you know from from that sort of stuff but uh you know um is there any way and people are not going to like me but is there any way we can when we have to go to drought 2 and drought three uh is there any way we can restrict the citizens of st angelo and quit overdoing the water because where i live uh and the owners uh of the property we talk about it a lot uh and everything about how many people just you know do whatever the hell they want to do you know they don't they don't give a crud about you know uh where we're out droughtwise you know i think i'm the

[2:41:00] only person maybe two other people are really trying to conserve our water and everything but is there some kind of way where we can uh you know really restrict it or put more uh conservation tips in standard times paper let them do it online so it would teach people in our community cuz there's a lot of people that are just um poothe heads you know about everything and they don't want to do nothing and then there's people who really want to learn and and will do anything to try and you know uh start conserving better and everything uh you know it's just um you've got one more minute j that's all i was going to say thank you jerry we're getting hungry and so am i okay so am i uh jerry c ws uh council um i've been here before about this drought level uh drought level three i really don't believe that we have a choice and i really don't believe that any of you really understand what we're in for because you haven't yet put in the equation of what this oil boom is going to bring these people are going to need water and uh think of uh what is it spring creek i believe it is they were selling eight tankers a day to this oil company spring creek is out of water spring creek is out of water right now you know we need drought level three because we're going to be selling water to these oil companies also we need drought level three to conserve water and if there is a special if there's a problem if people are having a problem with uh with drought level three and

[2:43:03] there there's a some special reason i think that they should be able to come and get special permission for trees or or or landscape or businesses or something i think they should come and be able to get some kind of special permission to to to use extra water but we're going to need drought level three because uh people are more important than other things that can be replaced and uh we're going to we we we as the citizens of st angelo we're going to really have a problem and i really don't believe that anybody is taking into consideration of what we're really in for down the road with this oil this oil is a is a two-edged sword i keep saying it's a two-edged sword it's a good thing and it's a bad thing water is going to be one of the largest problems that we're going to have the city is doing everything that they can to to uh uh mass this problem and mr dixon and their crew are doing everything that they can but we can do something too water conservation miss farmer is uh exactly right we need to go to drought level three and if there's special circumstances then people that are going through those special circumstances should be able to come to the board and ask for permission to take care of those please think about it thank you very much thank you jay you want to end us up charlie yes i just wanted to say that conservation comes through education and the city has uh uh uh used mr john begno to uh film some uh items with reference to conservation and how the water runs and the depth of the water and it's very simple to understand on channel 17 possibly we need to have a few more spots than he has had but it is education um i would like to see our channel 17 increase those education spots during

[2:45:07] these summer months i can see right now it's going to be a lively discussion next time mr dixon and always remember it takes two readings to change an ordinance so what's not said next meeting can be said at the next one so i'm looking forward to it johnny you have been waiting seven weeks for number 14 do you want to wait until i can i can wait another hour yes let's wait oh let's go eat let me read uh let me read the executive here because we do have some items to discuss in executive how many items michael how long is it going to take us we had three planned but uh council may not be comfortable discussing all three of those items in executive session so it may be shorter than that well we ought to be through we ought to be through in hours shouldn't we if we tell the people we're going to be back at 1:30 we ought to be a let's just tell people we're going to be back at 1:30 and we're going to discuss executive items as long as we can discuss them but at 1:30 we will reconvene right here and what we don't cover in executive from 12 to 1:30 we'll cover after we get through uh executive close session executive session under the provision government code title 5 open government ethics subtitle a open government chapter 551 open meeting subchapter 3d exceptions to requirements that meetings be open under the following section section 551072 to deliver the purchase exchange lease or value of real property section 5510712 to consult with attorney on a matter in which the duty of the attorney to the governmental body under the texas disciplinary rules of professional conduct of the state bar of texas clearly conflicts with this chapter it is 12:15 we will be back in open session at 1:30 thank you let me call the meeting back to order it is 1:31 p.m we're missing one member but we do have a quorum so let's go ahead and handle the rest of our meeting and we have progressed to item

[2:47:10] number 14 number 14 is an update and presentation on medhab llc economic incentive program uh project and councilman silva asked for this and michael dane supposed to explain it to us you're on sir thank you mayor this would normally be handled by bob schneean our interim director for economic development bob's on the trip to uh recruit another airline same place daniel is so i'm going to hit some high points and i hope i'll ask your indulgence on the high points part of it if we want a more in-depth recap of what the contract calls for and and a little more in-depth review of what's happened we we'll probably try to get bob back up here but i thought we'd make sure we got this on the agenda uh had some conversation about it and gave mr silvis an opportunity to to talk or ask questions or whatever his pleasure was recall that uh codc uh and medab have an agreement for approximately uh 2.795 million in incentives to be paid based on uh performance milestones uh recent activity on that includes uh uh in december medab signed a lease with the koncho valley center for entrepreneur entrepreneurial development the cvced and they moved into the location on west bogard remember where kosa dc was for a while and they've got that annex they've moved into that location uh in january they medab currently has four full-time employees as plans to hire two additional staff within the next few weeks medab has not requested nor have they received any incentive payments from costa dc at this point uh the development corporation through the cvced has foregone the collection of rent on that facility uh in the in accordance with the terms of the agreement all other exceptions with the uh with the exception of building

[2:49:12] maintenance issues are born by medhab so again they haven't started the big big hiring that is anticipated but they they do see a little bit of growth they do have some employees at this time those are kind of the high points the latest on that at this time mr silus and of course we'd be glad to pursue any questions you have or uh or try to bring back a more in-depth review if that's what you'd like go ahead johnny let me respond to that it this was not a johnny silva thing this was some taxpayers that tagged me into hey give us a uh word on what's happening with that medhab deal you know they they remember the 2.779 million dollar project or idea and you know it was a t it was bottom line was taxpayers wanting to know what's happening with our money what's happening are is it being paid how many employees do they have you know i think at one time they anticipated i don't know 200 employees or so we we're down you know we've got four employees and financial impact is zero and and that was really that was the crux of the whole thing is what what's happening out there with our taxpayer uh money and so you just answered that question is you know why it took so long to get here i don't know but again uh that that's where we're at charlotte well i have two questions one i'd like to know who co ac is uh it i'm sure it's a typo but i don't want to assume that it's co a uh and then the other thing is in monies of this size or any project that we have have we ever considered or thought about a time frame that uh certain time frames that possibly we reduce down the commitment of monies because there's other businesses out there who may need assistance or want help and this money is just sitting

[2:51:15] there in non-use i mean how long is a piece of string i guess is what i'm asking that's my only comments and it's a good one thank you shall i respond mayor yes sir well obviously you're right uh coa dc is probably kosa dc um as far as the specific time frames with the different milestones associated with this contract we'd be glad to bring back uh an itemization of that or a summary of that uh we can do that uh as part of a council meeting and a subsequent presentation if you'd like or or we can put a summary together kind of an executive summary together and send it to you in the in the friday packets i think since we have a member of the kosadci board here today mr bario john bario is in the audience i think just mentioning it and possibly planting the seed that that would be something that kosadci should take into consideration and figure out if they should incorporate it or whatever and then bring it to us instead of us telling them to do this i mean that's my preference is to let the cosc make a suggestion on that mr bario mr mayor if i may would you like to speak to that or i'm having a little trouble and madame uh farmer with the concept of mr bario uh representing the board without having we don't have the board here as a joint meeting so fine can i ask him personally then no he can't no he really doesn't wear two hats i just think that would be precarious uh i disagree could i okay could i try to respond to some of that sure um that board uh and john of course if i try to respond that gives you the right to poke me with a sharp stick later on if i misspe but uh um that board your concept is a good one a window of opportunity to achieve uh what is necessary to receive benefits and they have used that concept before and while

[2:53:19] i can't speak specifically to this contract i suspect that uh that that what you mentioned that concept that you know within a certain period of time you must achieve these things i suspect those uh those terms exist in this contract but having said that i' i'd like to follow up in some way if you don't mind maybe we can shoot you a memo with with an executive summary attached and and as long as you include the cocdc board um i will follow up with them make sure they know that that uh council is interested no i am i'm not speaking for the rest of the council i just think that it's something that you know people have not been beating down our doors to my knowledge for funds from our halfsent sales tax but that can change and um it's money laying on the table that is not working but it's committed funds and i just want to look at it well i i'll back up a request there mayor would you like uh you want to start with a friday an executive summary in friday packet or would you like an agenda item friday packet's all right with me all you fine all right i don't think we're going to get that done this friday if that's all right that's fine all right in a future friday thank you john anybody else care to comment on this public anybody have anything to say about this then let's move on followup and administrative issues number 15 is next consideration and possible action on matters discussed in executive close session if needed and to my knowledge there's nothing we need to talk about is there lisia no okay okay moving on to 16 you're correct pardon me you are correct moving on to 16 consideration of approving various board nominations by council and designated

[2:55:22] council members we have civic civic events board darlene jones appointed by smd5 to an unexpired term october 214 we've got the development cooperation tommy heert this is from smd2 to an unexpired term february 215 and richard crisp smd5 to an unexpired term february 214 we have a request from the planning commission this is terry jackson by single member district 5 to an unexpered ter unexpired term january 216 may i have a motion to either accept or to deny move for approval second do we have comment from the council john thank you mr mayor council uh while i am a member of the kosa dc board my name is not on this agenda item nor do i necessarily speak representing the board i am here as an individual citizen of the city of st angelo uh because i am a board member on that board and am sworn to make sure that everything is operated in accordance with bylaws and city ordinances i would highly recommend that you either separate the three different entities in this in any motion or action and consider that by city code and city i'm sorry cov uh dc bylaws uh i believe we're overstepping authority at this point and these appointments may be premature specifically let me begin with uh a quick quote about the civil events pardon me civic events board from city ordinance section 2.203 members may be terminated at any time by the council this is the one item that i think you have authority to proceed on if there are vacancies that you have terminated though i have not

[2:57:24] heard public termination nor acceptance of resignation it is my opinion that there are no vacancies at this point because you have not yet vacated a position let me next address the planning commission uh this is again quoting from an ordinance and i i apologize i failed to write down the specific section but if you will search the ordinances and simply type in planning commission it becomes readily evident after public hearing and for cause uh members of that board may be removed again i have not heard that any have resigned i may simply be in the dark on that nor have you officially taken action to remove anyone to create the vacancies you're attempting to fill and then lastly the kosa dc which is under my sworn purview under city code section 2.36 uh 03 uh paragraph b removals will happen either by resignation or by the majority of the council without cause in this case you don't have to say why and in the comp uh corporate bylaws of the kosa dc article 2 section one paragraph d by majority vote of the council at will may directors be removed i agree with the changes you are trying to implement i am here to urge you very strict caution for the legal manner by which you're proceeding i hope that makes sense and al lisia if you could chime in on that with a reading of those or verification of what i read it will be humbly appreciated and what you just

[2:59:28] read i'm looking for an email i might interject that it's simply my desire that things be done correctly and legally i haven't seen your email uh to which you refer however the appointment there is a a policy a uniform policy yes um that council passed uh in 2012 that provides how board appointments and commission appointments are handled and so there is a procedure and so we believe that we're pursuing um the changing of the guards according to this procedure and we could read it i could sit down and show it to you um may may i ask you to uh specifically with kosa dc refer to the city ordinances section 2.363 paragraph b i see nothing that supersedes that ordinance and i think anything taking it away from the majority of the council would be contradictory to the ordinance this is a resolution of council so that would be council's wishes on how to uniformly handle this type of uh appointment and i think some of the things i i need to pull up the section that you're speaking of but um some of the language that i was hearing was about termination and for for cause and such things and this is a different type of action because uh under circumstances that new um newly elected council members there is a policy which uh allows uh those newly elected members to appoint uh individuals to sit on the boards and commissions and in doing so once that

[3:01:33] appointment is made the other position the occupied position is then deemed it's deemed vacated and it becomes vacated so the member is not the the prior seated appointee is not terminated uh the prior seated appointee does not resign but by allowing the newly appointed council member uh to have new appointees the other position is just vacated and they will they i will then back up to the terms once appointed they're in the case of the kosa dc a two-year term if by virtue of a council election and placement of new council members whom by this apparently right minimally dissim disseminated policy uh if that if those parties are basically invited to resign or invited to allow someone else to be appointed then in effect the council is asking to terminate them miss b so what yes if we were to add and if don desires but if don were to desire to add to his motion that the current member will be removed and replaced by would that satisfy this that that the current we have the authority to remove and we have the authority to reappoint right so if we just say the language would be that the new person is the new appointee is going to be nominated and uh the act that has to be by the action of councel and by that nomination the other position is vacated so i don't think you need to take other action did you say removed it's not a removal type of situation we're all

[3:03:35] right with motion that don made right because by the nomination the other position is deemed vacated and then becomes vacated and so it's not a removal it's just it's just a changing of the guard um do you see any reason to separate these three should we do civic events development and planning separately do you see any reason to not do it all in one motion as don has made it well i would consider it it important to do each of them selectively since they're they are each entitled to their own dignity but again the action is legally appropriate council has an ordinance uh has a resolution which which provided a procedure for uniformingly changing the guard i'm just going to call it that and you know it's being done with dignity of adhering to this procedure no one is being removed but the new appointee to which that newly uh elected council member is entitled to uh he he's entitled to have his new appointee and the other person is just deemed vacated and the position is then vacant for the new appointee do you have a problem breaking him up in one two and three no i just i just did it as a slate to make it easier no i i think we should just comment yes and charlotte's got something she wants to say mr mario i i believe in the concept of what you're saying is is correct that what you're trying to do is to protect the council from any individual disgruntled or sued or whatever you just want to follow written procedure and what you didn't know was in 2012 that the council passed or made the resolution uh that upon the changing of the terms that the these coincide it's strictly at their will who they appoint and uh and it does state in the bylaws as you stated any director may be removed from office by a majority vote of the city council at will what the way it's worded possibly um consideration of approving various

[3:05:40] board nominations by council and designated council members it does say to an unexpired term but what you're saying that it doesn't say is to uh a vacancy by will of council or something of that nature there has been no vacancy created well what you don't know is there has been that's what you don't know uh and that stop me if i'm wrong but we're not required to share those letters with you when letters go out creating the vacancy no the vacancy is created by the nomination today your action creates the vacancy because your action in nominating and appointing the new board member then requires that the other position which was deemed vacant becomes vacant you're exactly right you're exactly right i agree with you but i also see where mr bario is coming from and just clear to him he was not aware of letters going out creating a vacancy yeah and i don't know how you would word it on the differently than you have uh to make it a little more clear is all i'm saying may i simply suggest that in the future when such appointments come up uh mention that the vacancy has happened be by resignation or putting that in the wording in the agenda resation can i just read the policy the under the council policy i'm looking at an email that i did send uh you know to the front office i would call it that um under the council policy the position is deemed vacant by council upon the nomination and appointment by council of the new newly nominated board or commission member um that the policy specifically states that all all such designation of vacated seats nominations and appointments to advisory boards and commission shall be deliberated and acted upon in by council in an open

[3:07:43] meeting in compliance with a applicable law so the designation of a vacancy is by the act of council and it's sort of there are many analogies we could use like a new tooth coming down and replacing the other one comes out it it's just it's just a replacement it's not a removal it's not a resignation it's just because council has the authority to approve these uh appointments nominations and appointments the other person just the position is vacated he the other position the person steps down mayor can i make a run at this explain it take a shot michael all right mr bario your concern is that we've not created the vacancy is that correct essentially yes not in accordance with what i read in city ordinances which are readily accessible to the public okay we we had we recently obviously miss bowling is up on this because we've recently had a discussion about how these vacancies are created under this new policy and what she explained to us is that that new policy essentially gives you two actions for one action and that is by nominating and approving that nomination of a new uh person for a seat you are simultaneously vacating the seat of the old occupant and replacing them with a new occupant is that correct miss bowling absolutely so uh mr bario i think miss farmer was taking us down the straight and narrow when she said we may have created this policy without your knowledge uh but uh uh subsequent to uh a lot of discussion internally i think the action council is about to take uh based on the advice we've been given is appropriate that by n by nominating and approving the nomination of these uh candidates council's also vacating the seat and uh providing the replacement for

[3:09:49] that seat i would ask you don if you would to break them into one two and three motions and second and we'll do them one at a time that will satisfy that mr mayor may i ask one more thing yes sir can we bring the city ordinances into agreement with this policy that seems to subvert the verbiage of the ordinances i don't see that there's a problem john okay i don't see that there's a problem each council member is responsible to appoint their board members and when terms expire the new council member has the responsibility and the authority to replace their board members and it is up to the discretion of the board members when these board members are appointed it is to the discretion of the council members when these board members are replaced and i feel that we have i personally feel that we have lived up to that and i agree with our legal staff i feel that we have fulfilled all obligations of the law very good thank you very much thank you john thank you uh item 16a civic events board uh i move that darlene jones be accepted to an unexpired term second we have a motion and a second council consider council talk is there anything we need to say anything from the public motion has been made to re to put tarlene jones single member district 5 to an unexpired term through august 214 on the civic events board all in huh october october 214 civic events board all in favor say i i nay john u item b development corporation uh i move tommy heert and richard chris uh be placed in those positions for unexpired terms second we have a motion we have a second do we have further discussion public discussion all in favor say i i nay nay okay we have a we have a 61 vote on that it passes done item 16 c planning

[3:11:55] commission terry jackson uh to an unexpired term second council discussion public discussion all in favor of terry jackson please say i i nate 70 now we have moved to announcements and consideration of future agenda items and i know that there's going to be several of them i'm going to start with you winky and we'll just work our way down the down the council yes uh i have uh a a new letter uh that i want to give uh the city clerk uh requesting three different items be put on the agenda items one and two are verbatim of items one and two that i attempted to put on for this meeting um they need to be placed on the open session uh in accordance with state law and um i i will hand her a letter to this effect uh here in just a second the the third item i want on the agenda which will be on the executive close session uh tracks uh state law uh and it's concerning uh personnel executive personnel of the city of st angelo and they're all listed here uh and this would need to be in the uh agenda notice for executive sessions and it's to consider uh personnel issues and uh any problems well the problems that arose from what happened last week and also any problems that might arise in the event u that we have problems placing them on the agenda again and that's all i have don um i would like to uh u have a presentation by staff on our halfsent

[3:13:57] sales tax and what it's uh what it's going for um maybe just uh bringing myself as well as the new members uh up to to h on uh what we can do with that what it would take to change it just a a broad overview i'd like to look at that and then i'd also like to uh to have a discussion uh on us having a uh an evening meeting once a quarter something like that uh so that we can take a look at that and and maybe get uh some participation from people that aren't able to now thank you shauna yes uh i have u four items i want a discussion um about what is or is not executive session material for council members better understanding uh i also want to discuss the uh interlocal agreement and money spent to date and what was approved uh i would like to also talk which was the hickory water no no i want to discuss the interlocal agreement that is all that it is known by is the interlocal agreement that that's the agreement with abeneities tri cities yes but it's not called tri cities it's simply called interlocal agreement okay i'm with you west texas uh want that discussion uh as to what monies were have been spent to date and what was approved and i would like to have that done in open session yes and uh then i want us to talk about constant or cons of verbiage that is on the agenda i have noticed uh from time to time it there is not a consistency in the verbiage that we put on the agendas

[3:16:00] a the executive session sometimes a is on there sometimes b is on there sometimes both are on there i want to know what determines when that comes on and comes off and also at the bottom uh like today's council meeting there is a paragraph of verbiage that was not on the last two previous council meetings and i'd like to know what determines that because you know it says city council reserves the right to consider business out of posted order blah blah blah that goes on that's on there today but it's not always on there so i want to know what makes it not consistent all i'm asking for is consistency so that it doesn't uh make red flags go up to me as to what's going on or trying to be controlled as to what is talked about and i want to talk about it openly uh the other item um we've talked about um uh long-term short-term resident stays and i want to make sure that the committee the housing committee is aware that anything over 30 days whether it's in a hotel an rv park or whether it's a guest home something like that but anything that is a stay over 30 days is exempt exempt from tax and uh with our stays being longer and longer have we has that committee taken that into consideration and how do we govern and market the no tax on that exemption i'd like to discuss that that's all rodney i don't have anything marty uh i i would like for staff to present us what i'd like to know what our etj is or as far as being able to to zone or reach outside uh the u city limits and uh so that uh with the influx of new businesses mainly oil that we we know for sure what what we can do and and uh

[3:18:07] uh and and that i want to emphasize what we can do not not what we can't do i'd like to know what we can do very diplomatically said johnny i'm almost positive that ricky dixon took the information down on the my interest or our interest on the residential water users of 50,000 gallons and above see what kind of numbers are there what kind of if we are truly in in a conservative conservative state of mind i know a while back i had uh i had asked and i think it was shane kelson that was going to get with tracy kane for textile because uh the loop 306 and the bryant boulevard all just how messy it looks and dirty it looks and of course the weeds and everything so i i thought that we're going to come to some kind of conclusion or some kind of meeting uh to see what we could do to either partner up and help clean it clean up the area or i don't know what kind of ideas were going to come out of that so i'd like to get an update on that go ahead i mean when you're finished okay and then uh uh i'm not sure what happened on uh along cono river uh along the river across from the old uh well what's now being built as the little play area uh there was a resident told me there were some signs put up that they weren't allowed to go down there and fish on the southern part of the river so just wanted to see what's going on there if those signs were removed or if they still up but they were restricting folks from going down there to uh to fish so that friday packet friday packet that on that one would be good but i'm very much interested to seeing uh what we can do departed with text dot and then the residential water users and i'm done well i i just i wanted to clarify one

[3:20:12] thing i i thought we i thought we left him at 80,000 and and you were saying 50,000 i just want to make sure is it 50 or 80 i think it's 50 50 okay i just yeah all right i've got a couple in january the 3rd of 2012 we removed some guidelines from the city of st angelo development cooperation guidelines for job creation assistance this is on page nine it is entitled project eligibility will be determined based on texas state law applicable to the specific contracting parties i want to read the three items that we removed by a 52 vote on january the 3rd 2012 i want these three items put back in the code of ethics of the st angelo development corporation the items that we removed that i want replaced is this number one no member of the st angelo city council or person related to a council member within the second degree of consu or affinity shall be eligible for assistance from the cosdc during his her tenure or for 6 months thereafter number two no member of the st angelo economic development coop corporation board or directors or person related to a board member within the second degree by consenuity or affinity shall be eligible for assistance from the kosa dc during his her tenure or for 6 months thereafter number three no employee of the st angelo economic development cooperation or person related to an employee or supervisor of the department within the second degree of consu or affinity shall be eligible for assistance from the kosa dc during his her employment or for 6 months thereafter this was law this was in our bylaws this protected our public for years and years until we in january the

[3:22:15] on january the 3rd of 2012 we struck these three items from the eligibility guidelines i want them all three put back in in a future council i will ask that the that the charter review board the charter review committee that we had in place what's it been three or four years ago we had a committee appointed that went through our our charter they checked it and all of these items that need to be replaced or be to renewed or to have the voters vote on this needs to be done again this needs to be done on a three to four year basis it's time to do it again so in the future i would like for this board in the quick future in the near future i would like for this board to reconvene if possible if they are willing to go through the charter and possibly in the november the may election we could have some charter changes and in those changes i want these three sentences because i do not ever want anyone any four members of this council to change and take out this code of ethics so i would like that on next time's a meeting i also in a future meeting i'm not going to ask for it next time but in the next two or three meetings i would like the a complete examination or a complete explanation of the investigation that the city did internally of the water department of water billing i asked for an external investigation i was denied and the city said "we will conduct our own investigation i want a very complex concise examin uh explanation of everything this investigation found i want to know where every dollar of the water department goes where it comes where it goes i want to know everything about it i want to know about customer service i want to know everything about the internal investigation and you can do that in whenever and if it's not ready then i'll wait till it's ready but i want that on the radar mr mayor if i could add something to your request there i think it was

[3:24:17] brought to my attention and i'm glad you you you mentioned that because we need to make sure that we are not and the way this taxpayer explained it is maybe we were being charged for uh 13 months uh of water for 12 months usage so one want to know see if there indeed is an extra charge in there that we uh don't know about or maybe haven't figured out how it's working and uh just just want to throw in in addition to yours and then one other thing rick and uh and i think uh maybe i don't know if bids have gone out or not on the uh the dead trees along the river and i i see those have been marked to be removed but i didn't know where we were on that so maybe an we actually have i think it's at the next meeting is when the river project is scheduled for an update on the whole thing which will include the trees so we'll tell you winky mr mr mayor i don't know the protocol on this but i note we've just been handed a a proposed agenda for the july 16th 2013 and on the consent agenda is item number three consideration of awarding a bid for the hickory groundwater treatment plant facility to blank his contractor um not knowing the uh protocol i'm not ready to hear that issue not only not to put it on the consent agenda but not to put it on the agenda at all and if we need to have a show of hands we can have a show of hands but uh i'm not ready to hear that uh and consider uh uh the bid on a groundwater treatment plant i think a whole lot more discussion has to be made by this new council before we take that up and so uh however you want to handle that is fine with me i personally will agree with you i agree don yes sir you got your four right there this needs to be removed um as a followup to the items that i requested for the agenda i shouldn't have assumed but my item

[3:26:20] number 12 that needs to be on the next agenda also and that has to do with the hickory and the update of the items that i'd originally requested on the 18th just just for clarification this is going to be a very full agenda do we want everything on next one or do we want to spread these out over the next two well we've got budget might as well get them out of the way get all this out of the way we're going to be we're not going to be through my goal is 2 o'clock we're not going to make it next time if we have all of these so be prepared for a four or five you know four or five o'clock too not only that but the afternoon is scheduled for a budget that's right meeting we're going to be here late is that what we want no we don't but i want to yeah i'd rather split them up but my items since they were postponed from the agenda once they they mine need to be heard i don't mind putting mine on the next one i don't mind putting mine and you know maybe maybe y'all could get together with alicia and let's let's get let's get these lined up over the next two so that will type up the list and send you an email i'm sorry we can't hear you i'm sorry what i'll do is type up a list and send out an email and give you the dates of the meetings maybe possibly coordinate it that way on your items you can put mine anywhere you want it i just want i want mine in the next three meetings okay so you can put mine so type it up and let's let's otherwise we're going to be here for a long long time alicia you work on pretty tight deadline on the agenda yes sir will you give us clear instruction on when you need that information back yes all right thank you definitely michael i have a a request for streets uh melrose and uh uh is it glenn the one that runs that there's a two-way stop sign and i uh out at the bluffs that comes down from rivercrest that street and then melrose that comes down there's a two-way stop and i had requested the possibility oh a few years ago that there be a four-way stop it wasn't warranted but since that time the vacant lots have filled with

[3:28:23] new homes built and it has made obstruction of view i've had a complaint from the people at the bluff so could you have someone look into possibly a four-way stop at that intersection that was melrose and and hunter glenn hunter glenn thank you i couldn't come up with hunters i knew it was glenn do i yes sir don alicia you can just put mine on on the following and that'll be fine on the following agenda don goes to bed at six o'clock i knew i'd get his yeah i have to put my roosters to roost i'm waiting for the very last motion i'll make a motion to adjourn well then i'll take your second all in favor say i i i we are officially adjourned but i'm still waiting on the third of

Captured 2026-07-26 · source: youtube.com/watch?v=qdWA6UJnaiA