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Min 05/06/1997 515 Wichita Falls, Texas Memorial Auditorium Building May 6, 1997 Items 1 & 2 The City Council of the City of Wichita Falls, Texas met in regular session on the above date in the Council Room of the Memorial Auditorium Building at 8 :30 o' clock a.m. , with the following members present : Kay Yeager - Mayor Don Johnston - Councilors Dan Shine - Angus Thompson - Bill Daniel - J. W. Martin - Harold Hawkins - James Berzina - City Manager Greg Humbach - City Attorney Lydia Torres - City Clerk Mayor Yeager called the meeting to order. Invocation was given by Rev. James Heath, Love Sanctuary Church of God in Christ . Item 3 Election results for the May 3 , 1997 Municipal Election were canvassed by Mayor Yeager and City Clerk Lydia Torres . After the canvassing, the following resolution was considered. RESOLUTION NO, 70-97 RESOLUTION CANVASSING RETURNS OF THE GENERAL ELECTION HELD IN THE CITY OF WICHITA FALLS, TEXAS ON MAY 3 , 1997 Moved by Councilor Hawkins that Resolution No. 70-97 be passed. Motion seconded by Councilor Shine and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None City Clerk Lydia Torres administered the oath of office to the re-elected Council members J. Don Johnston, Councilor at Large, Dan Shine, Councilor District No. 1 and Angus Thompson, Councilor No. 2 . 516 item 4 Terry Rodriguez, 1504 Austin, said that he had purchased 1205 Austin from Tim Matthews . However, he was unaware of pre- existing mowing liens against this property which have accumulated to over $3 , 000 , including interest . He asked if the could assist him with interest could be deducted or if Council this problem. City Manager informed that there were legal restraints as � to what the City could do, but he will look into the legality of what Council is able to do . Mayor informed Mr. Rodriguez that Staff would look into this and get back with him. Jerry Hodges, Graham, Texas and Larry Laughlin, 3701 Seymour Highway, purchased a piece of property in July 1995 . They informed that they had spent $20, 000 to remodel the building and there is a mobile home behind the building in which Mr. Laughlin lives for security reasons . They requested a waiver to keep the mobile home there . They informed that they have checked with surrounding property owners and they do not object to the mobile home remaining. Mayor said that this request will be placed on the May 20 Council meeting. This is an in-house procedure and we will work to expedite and simplify it . Councilor Hawkins added that they could also consider a conditional use permit . Carlton Black, 2127 Yale, asked for a waiver to handicap , parking in the front yard. He said he had requested to be placed on today' s agenda but was not, however, he would like to be placed on the agenda requesting a waiver in order to address the Council and provide information on this subject . Mayor informed Mr. Black that Staff is in the process of working on the correct procedures to handle front yard waivers . Mayor directed Staff to place Mr. Black' s request on the next Council agenda. W. C. Young, 1018 Widows Lane, congratulated the incumbents on their victory. He commented that it was a sad situation when 96% stay at home and do not vote . He does not think that changing anything would get people out to vote . All we can do is try through the media and other sources to get the vote out . It is our duty and our right to vote . He wondered how many of the persons who come before the Council to complain don' t vote . He requested to be considered for the infrastructure board. Tambra and Grady Crumpler, 4925 Friberg Road, requested permission to tap into the City sewer at Turtle Creek Road. They are going to build a four-plex and all they need is the sewer. 517 Item 4 cont ' d. City Manager presented the three alternatives available. It was noted that Mr. And Mrs . Crumpler were requesting a fourth option. Councilor Daniel suggested putting this item on the agenda to address the question at hand and to discuss general policies on items like this . Mayor directed staff to place this item on the next Council agenda. Mayor asked that prior to the next Council meeting, Mr. Bonnett provide Council with the three options along with the fourth option requested by the Crumplers . Item 5 Mayor Yeager proclaimed the May 10, 1997 as "National Association of Letter Carriers 1997 Food Drive Day" in Wichita Falls, and encouraged all citizens to help them reach their goal by putting food out for pick up by the letter carriers on Saturday, May 10 . Dennis Hendricks, Transit Operator, Transportation Department, was honored as Employee of the Month for the month of May. Mayor Yeager presented him with a plaque, City pin, theater and transit tickets, dinner for two and a check. Mayor informed that Councilor Daniel had asked to make it known to the citizens how to get items on the agenda. First step is for citizen to go to the City Manager and he can direct that person on proper procedures . Councilor Hawkins recommended that when the City Manager receives a request for a waiver and it is sent to the Planning and Zoning Commission that a neighborhood survey be run before it goes back to the Council in order to avoid the Council from infringing on the neighbors . Mayor commented that this was something she has suggested be discussed at the retreat or some worksession, whatever is more expeditious for the citizens . Councilor Daniel stated that it was not our intention to make it difficult for the citizens to bring to the Council their concerns but to make it easy. If someone has an item or concern they can go to the Staff and get it resolved there or to the Council, three of us can put it on the agenda. City Manager did not believe that there was a procedure established at this time for that . We need to look into that . Several Councilors stated that it had been done like that in the past . City Manager informed that whatever the case may be, if a Council member asks that something be placed on the agenda, it will be on the agenda. He referred to the comments on the concerns from citizens this morning and stated that there were several different aspects that were brought up. What we try to do is to prevent a situation of putting items on the agenda that Council has not heard before and that staff does not have the total picture of the situation to present to Council to help in your decision making process . If it is something we cannot help them with, we encourage them to send us a letter 518 Item 5 cont ' d. making a request . Staff can then present this to Council under "Other Business" , and tell Council as much as we can about the situation. Then Council can tell us whether to put it on the next agenda or they can do that themselves . We are trying to do it so the Council has enough time to properly get all the information. Mayor said that this is a topic Council should discuss with the Staff by presenting different scenarios . Mayor' s preference this morning is to have staff proceed as Councilor Hawkinsr: suggested that if something needs to go to Planning & Zoning where we might need a survey of the homeowners around a certain piece of property to go ahead and get it to expedite the process . I suggest that we have a thorough discussion of these situations at the retreat or a worksession. Councilor Daniel pointed out that the five minutes during citizen comments is not a wasted time because citizens can come and express their concerns or make statements . The process does work. Councilor Thompson asked if Staff might be able to do more to solve problems before they come to the Council . People come to us out of frustration because their problems cannot be solved and the only ones that can are the Council . We are the last ones to know and have the least information to make that decision. Staff needs to give them the pros and cons, and this would save a lot of discussion. Mayor stated that we are struggling to make this process more efficient and citizen friendly, and to get the information out there . Councilor Hawkins stated that citizens have access to the Council during public comments, and they can also call us . Staff can prepare and bring us recommendations and Council can analyze those recommendations . He was glad to see that we are stepping forward. Councilor Martin said we do need a procedure and if the citizen is still not satisfied, they can appeal to the Council . Item The Minutes were approved as read. Items 7a-9d Moved by Councilor Thompson that the Consent Agenda be passed. Motion seconded by Councilor Johnston and carried by the • following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, and Hawkins Nays : None 519 Item 7a RESOLUTION NO, 71-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION TO THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION FOR A SOLID WASTE ENFORCEMENT ASSISTANCE GRANT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 7b RESOLUTION NO, 72-97 RESOLUTION GRANTING EXTENDED RESERVATION PRIVILEGE FOR BALLFIELDS IN JAYCEE PARK TO JASON BROWN FOR A GIRLS SOCCER CAMP Item 8a RESOLUTION NO. 73-97 RESOLUTION TO AWARD BID AND CONTRACT FOR LAKE KICKAPOO MOTOR STARTER REPLACEMENT PROJECT Item 8b RESOLUTION NO, 74-97 RESOLUTION TO AWARD BID TO DACO COMPANY FOR TURBIDITY METERS TO INSTALL AT WATER TREATMENT PLANTS Item 8c Bid was awarded to Cummins Supply in the amount of $17, 922 . 10, to CED United in the amount of $38, 844 . 88 and to Kriz-Davis Company in the amount of $1, 168 . 77 for the purchase of City' s estimated annual requirement of lighting and associated products . Items 9a-9d Minutes of the meeting of the following boards and commissions were received. a. Water Resources Commission, Aril 4 , 1997 b. Library Advisory Board, March 25, 1997 c . Wichita Falls Park Board, April 24 , 1997 d. Wichita Falls/Wichita County Public Health Board, April 25, 1997 Item 10a A public hearing was held on the Proposed Use of Community Development Block Grant (CDBG) and Home Program Funds under the Consolidated Plan. Mayor declared the public hearing open and called for public comment . 520 Item 10a cont ' d. Catherine Fitch informed that this is the first public hearing on CDBG and Home funds and that they will be meeting with those who requested funding. The second and final hearing will be held in July. Councilor Daniel asked how much had been allocated from the federal government this year as compared to last year. Mrs . Fitch replied that $1 . 9 million in CDBG funds, and $492 , 000 in Home Funds, and last year $1 . 98 million for CDBG funds and $502 , 000 for Home funds, which is a decrease of about 5% . She mentioned that as more cities qualify there are fewer dollars to be spread around. Mayor commented that the City Council sub-committee will be meeting and then the process of allocating those funds will continue . No one else wished to be heard. Mayor declared the public hearing closed. Item 10b A public hearing was held to consider approving an amendment of the proposed use of funds in a previously approved consolidated plan by changing the scope of services of the Housing Authority to Williams Park sidewalk/trail . Mayor declared the public hearing open and called for public comment . Mayor informed that bids had come in low, giving us surplus funds . This is a request to add additional sidewalk and extend it from Humphrey Street in the Housing Authority to the Eastside Drive or F.M. 240 . Mr. Jack Murphy informed that it was an opportunity to get more out of the existing contract . It is below the legal limit and we can extend the contract . Staff recommends approval . Mayor stated that this will add an additional 360 feet of sidewalk. Councilor Thompson asked where this would begin and end. Mr. Murphy replied that it begins at Williams Park and run under the Harding Street Bridge and end up at Cenobia Trimble Housing Authority. We are proposing now to go from the Cenobia Trimble Housing Authority 360 feet up Holiday Creek and end at Eastside Drive, F.M. The plan is to take the trail under S .H. 240 to Hamilton Park and tie up with the ISTEA trail . No one else wished to be heard. Mayor declared the public hearing closed. " 521 Item lla ORDINANCE NO. 43-97 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE WEST SIDE OF BARNETT ROAD ADJACENT TO THE EAST LINE OF BLUEBONNET PARK, SECTION ONE Moved by Councilor Martin that Ordinance No. 43-97 be passed. Motion seconded by Councilor Shine and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, and Hawkins Nays : Councilor Martin Item llb ORDINANCE NO, 44-97 ORDINANCE APPROVING THE TRANSFER OF FUNDS FROM GENERAL FUND EQUITY TO THE GOLF COURSE ENTERPRISE FUND FOR VARIOUS CAPITAL IMPROVEMENTS Moved by Councilor Shine that Ordinance No. 44-97 be passed. Motion seconded by Councilor Martin. Councilor Shine reported that the Committee realized expenditures would have to be done. We felt we could get this money as a loan from General Fund to the Golf Course Enterprise Fund. This is a loan and will be paid back to the General Fund. Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item llc ORDINANCE NO, 45-97 ORDINANCE MAKING AN APPROPRIATION IN THE GENERAL FUND FOR ADDITIONAL GRANT REVENUE FROM THE TEXAS DEPARTMENT OF HEALTH AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT ACCEPTING SAME Moved by Councilor Thompson that Ordinance No. 45-97 be passed. 522 Item llc cont ' d. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilors Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item lld ORDINANCE NO, 46-97 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE NORTHWEST SIDE OF SECOND STREET ADJACENT TO THE SOUTHEAST LINE OF LOT 1- A, BLOCK 90, ORIGINAL TOWNSITE Moved by Councilor Martin that Ordinance No. 46-97 be passed. Motion seconded by Councilor Daniel . Charles Peter, 1614 Willowick, said that he had asked for the waivers for Items lld and lle, in order to make improvements to a building. There are no curbs on Michigan Street and 2" Street has never been cut through to Michigan Street . Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item lle ORDINANCE NO. 47-97 ORDINANCE WAIVING APPENDIX A, SUBDIVISION SECTION 9 (B) (2 (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE SOUTHWEST SIDE OF MICHIGAN AVENUE ADJACENT TO THE NORTHEAST LINE OF LOT 1-A, BLOCK 90, ORIGINAL TOWNSITE Moved by Councilor Thompson that Ordinance No. 47-97 be passed. Motion seconded by Councilor Hawkins and carried by the following vote : Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None 523 Item llf ORDINANCE NO, 48-97 ORDINANCE APPROVING THE OPERATING BUDGET FOR THE GOLF COURSE ENTERPRISE FUND FOR FISCAL YEAR 1996-97 Moved by Councilor Martin that Ordinance No. 48-97 be passed. Motion seconded by Councilor Shine . Councilor Martin informed that the Committee recommends the adoption of this budget which will be for a nine month period. A new budget will be presented for the new FY which begins in October. Councilor Shine reported that the Committee had reviewed the budget and it was a conservative budget . It is based on a lot of use of the golf course with hopes of more profit than shown. Council Daniel asked about the Enterprise Fund. City Manager replied that what we have done is segregated the revenues and expenditures into its own fund. It is not officially established, we just want to make sure that it is not a part of any other department so you can get a true accounting of what is happening. Councilor Daniel asked if it should be designated as an enterprise fund since this would assure that it would be self-sustaining and not a drain on other programs in the City. Councilor Shine stated that it is our intent to make it an enterprise fund, however, the Committee would like the Council to wait until a decision is made on whether the Golf Course will remain under the City or if it will be put out for bids . Bill Tisdale, 4404 Prince Edward, asked if they ever intend to have memberships out there . Councilor Shine replied that we have everything at the Golf Course on temporary hold, and management makes the decision on what is best for the Course . We are in the process of getting everything back in shape and to deciding on the permanent ownership. The answer to your question is - not right now. Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None City Council recessed at 10 : 10 a.m. and reconvened at 10 : 25 a.m. 524 Item 12a RESOLUTION NO. 75-97 RESOLUTION APPROVING THE AMENDMENT OF THE PROPOSED USE OF FUNDS IN A PREVIOUSLY APPROVED CONSOLIDATED PLAN, FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Thompson that Resolution No. 75-97 be passed. Motion seconded by Councilor Johnston and carried by the following vote : Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 12b RESOLUTION NO, 76-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS TEXAS; AUTHORIZING INCORPORATION OF THE WICHITA FALLS ECONOMIC DEVELOPMENT CORPORATION; APPROVING THE FORM OF ARTICLES OF INCORPORATION FOR THE CORPORATION; AUTHORIZING THE MAYOR, THE CITY , MANAGER, AND THE CITY ATTORNEY TO ACT AS INCORPORATORS AND FORWARD THE ARTICLES TO THE SECRETARY OF STATE; PROVIDING AN EFFECT DATE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Johnston that Resolution No. 76-97 be passed. Motion seconded by Councilor Shine . Councilor Hawkins stated that Council appointed a Board for this and they should keep minutes and provide them to the Council like all the other boards and commissions appointed by Council . Several other Councilors agreed. Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 12c RESOLUTION N0, 77-97 RESOLUTION TO APPROVE CONTRACT FOR THE BENEFICIAL USE OF WATER TREATMENT PLANT SLUDGE ON AGRICULTURAL LANDS 525 Item 12c cont ' d. Moved by Councilor Martin that Resolution No. 77-97 be passed. Motion seconded by Councilor Thompson. Mr. Bonnett informed that this is not a finished contract . A mutual cancel clause was included in the contract under paragraph eleven so that either of us could cancel and draft a new contract . What we are doing is trying to work out something with the ranchers that will be mutually beneficial . The intent of bringing this to Council is to inform you that we are working with them and trying to make it work. There is City equipment on agricultural land. There is an option and that option would be to take it to the landfill . Mr. Bonnett informed Council that they are looking at a significant investment of a large spreading device . Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 13a RESOLUTION NO, 78-97 RESOLUTION AUTHORIZING AWARD OF BID FOR THE LEASE OF FORTY-EIGHT (48) ELECTRIC GOLF CARTS, ONE (1) BEVERAGE CART AND THE SEMI-ANNUAL LEASE OF TEN (10) ELECTRIC GOLF CARTS FOR WEEKS PARK GOLF COURSE TO CLUB CAR, INC. , ARLINGTON, TEXAS AND AUTHORIZING CITY MANAGER TO EXECUTE CONTRACT FOR SAME Mayor entertained the Committee' s recommendation on these three options . Councilor Martin informed that these options were discussed at length by the Committee and we recommend that the lease agreement be adopted. Under this lease if anything happens to those carts they will be replaced and we will have good carts at all times . If we purchased the carts at the end of the four years we would have salvage . Moved by Councilor Martin that Resolution No. 78-97 be passed with the lease option under Council Bill No. 135 . Motion seconded by Councilor Shine and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None 526 Item 13b Moved by Councilor Daniel to award bid to Sherwin-Williams for the Community Development Block Grant' s 1997 Paint Program in the amount of $20 , 919 . 50 . Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 13c Moved by Councilor Martin to award bid to Westex Welding Company for the purchase of two (2) each mini-pumpers in the amount of $102 , 540 . 00 . Motion seconded by Councilor Hawkins and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 14a Councilor Thompson requested that possible consideration be given to naming Loop 11 after Louis Esquibel . He also requested that Staff contact the Highway Department regarding overgrown weeds on Emmanuel Davis Overpass . Councilor Thompson commended the Fire Department for naming a female to the position of Assistant Fire Marshall . He hoped that Chief Schlieper would be able to find a way to give minorities the chance to move to the forefront . He would like to see a female appointed to the position of Major. Councilor Shine stated that he was looking forward to another two years on the Council, however, he was disappointed in the voter turn out . He was pleased with the Council discussion of procedures for citizens to place an item on the agenda. Councilor Hawkins was pleased with Councilor Thompson' s suggestion regarding the naming of Loop 11 . He agreed with Councilor Shine to have the discussion of providing assurance to the citizens that those items will get to the Council . Councilor Martin expressed appreication to the Fire Department, Police Department and Lone Star Gas Company for their work when a gas line was ruptured and a day care center had to be evacuated. He added that a friendlier attitude needed to be developed toward people in that situation and they should be notified of the situation. Councilor Martin invited Staff and citizens to attend TML Region V meeting in Electra on Thursday, May 8 . He expressed appreciation to the members of our golf team and Weeks Park Golf Course for the fine job they 527 Item 14a cont ' d. are doing. He encouraged citizens to use this golf course . Lastly, he asked that serious consideration be given to adopting a filing fee for candidates filing for municipal office . He mentioned that the City Attorney is looking into this and the possibility of doing this by ordinance and not charter amendment . Mayor informed that he trusses for the MPEC bridge had arrived and would be put into place tomorrow. Mayor informed that, at the retreat, Council will be evaluating the goals set last year. She mentioned that Councilor Hawkins had suggested Council meet whenever there was a fifth Tuesday to look in depth at some of the issues . Item 14b City Manager informed that the Retreat will begin May 19 at MPEC. Item 14c Mayor announced that Council would go into executive session as authorized by Section 551 . 074 of the Government Code . Le Templar, Times Record News staff writer, addressed the Council on the issue of meeting in executive session to discuss the qualifications of candidates to the 4B Sales Tax Corporation Board. It would be an unwise move to discuss these qualifications in private . I refer to the Texas Open Meetings Act which allows the Council to meet in private to discuss matters dealing with personnel . Specifically, the section which refers to employees or public officers if discussing qualifications, appointments, termination, etc . While conducting some unrelated research, I came across a bill before the Texas House of Representatives . This bill would add a phrase to that section by admitting it to include members of the advisory boards . The obvious conclusion would be that currently members of advisory boards would not be considered employees or public officers, and qualifications for those board members would have to be discussed in public . To check that assumption I did further research and came across an Attorney General' s Opinion DM 149, dated August 12, 1992 written by Attorney General Dan Morales . I provided the City Attorney with a copy of this opinion this morning. This Opinion deals with advisory boards of the Texas Commission of Fire Protection and members of those boards would be considered personnel under the Texas Open Meetings Act . Mr. Morales defines both employees and public officers in order to reach a conclusion. He says that employees are people hired by government bodies, paid a salary or an hourly wage . On the other hand, public officers are people who as individuals or as a part of a larger group have the sovereign power and act largely independent of the control of others, such as the government body under consideration. He concluded that the advisory boards in this case met neither definition and, therefore, their qualifications would have to be discussed in public . 528 Item 14c cont ' d. The Times Record News has not asked an attorney to look into the issue of how Sales Tax Corporation Boards relate to the issue of personnel . I have not come across any court ruling or A.G. Opinion on whether they meet either of these terms . I look at this opinion, and the definition provided made clear that members of the Sales Tax Corporation Boards would not meet the definition of employee or public officers . They are not hired by the City, are not paid a salary and are not paid hourly wages . As public officers, the 4B Sales Tax Corporation does not exist, there are no officers of the corporation and no by- laws . When you appoint them they will have no sovereign power to act independently of anything. You have a unique situation of working on a start-up corporation. But, I think that once it is established they still would not meet the definition of public officers . We at the Times Record News have four factors to reach that conclusion: 1) Board members meet at the will of the Council . This undercuts their ability to operate independently of the Council' s dictates or desires . 2) Council approves the Articles of Incorporation, which means you control the structural organization of the board. 3) Council approves the corporation' s budget every year, which means you determine how and when they spend the money. 4) Council approves expenditures for any specific projects . They cannot act without your authority. They have no independence at all . This information leads to the question of what should Council do at this point . I would propose the following two alternatives : (1 Discuss tow qualifications in public . The public needs to understand the Council' s decisions on why certain candidates are chosen over others . It is easier for the public to understand your reasonings if they see and hear your discussions . 2) However, if you are still reluctant to discuss the qualifications in public, I would urge you to delay any action or discussion until the City Attorney has an opportunity to research this issue and briefs you on what he thinks the correct status of the law is . I am not here to be confrontational and I am not trying to imply that Council has intentionally done anything wrong. This is a new area for all of us and for all cities who have sales tax corporations . There is no reason to rush into this . The sales tax does not go into effect until October. The Council has already identified two or three projects it believes the board should make its highest priority once it has been in effect . I would ask that you give the City Attorney some time to research this . You have a meeting in two weeks and meetings on the first and third Tuesdays in June and I believe that is enough time for you to be comfortable that you are operating within the spirit of the letter of the Texas Open Meetings Act . Mayor commented that last year at the retreat we started " "" discussing qualifications for the members of both corporations and that was done in open. Since passage of the sales tax in January we have spent two or three worksessions discussing qualifications of potential candidates or members of those corporations also. She asked City Attorney to address Mr. Templar' s remarks as to their validity. City Attorney stated that Mr. Templar was correct in that the advisory board officers cannot be appointed or discussed in executive session. I am familiar with that Attorney General' s 529 Item 14c cont ' d. Opinion. Be aware that these 4A and 4B Sales Tax Corporations have certain sovereign powers specified by statute . One of which is to acquire land and property through the exercise of eminent domain, only the sovereign can do that, certainly not an advisory board. They are also, specifically, by statute subject to the Open Meetings Act . Advisory boards are not subject to the Open Meetings Act . If you look at the articles of incorporation, amongst the powers specified are that the corporation shall have the power to acquire, maintain, lease, and sell property interest therein, all to be done and accomplished on behalf of the City and for the benefit and to accomplish its public and governmental purposes . Certainly not an advisory board, but, clearly exercising sovereign authority in conformance with the Attorney General' s Opinion. I am satisfied that the qualifications of the Board of Directors to these Sales Tax Corporations may be discussed in executive session, and do qualify for the exception under the Open Meetings Act as stated by the Mayor earlier. I feel comfortable with that . Councilor Daniel stated that Mr. Templar was concerned that decisions were being made about people behind closed doors . However, there is accepted legal precedent on such decisions being made in situations where employees are being hired or public officials are being chosen. He asked Mr. Templar why he thought those decisions are allowed to be made in executive session. Mr. Templar replied that because state law allows that . We believe, in general, in an open society and for a public' s right to know that when discussing specific candidates for office especially when they have policy making authority as we see under the police chief that we should hear that discussion in public . But the State law allows you to do that in private and we have not protested that up to this point . We just believe that the law does not take into account the status of board members of sales tax corporations . I am not an attorney and have not had time to research the issues that Mr. Humbach raised today. All I can tell you is that the Times Record News believes that because the board does not have any powers at this point, it is not incorporated, and it does not have any by-laws . Even at some point in the future they would be considered public officers . I cannot see how at this point it would be considered as such given this Attorney General' s Opinion on what a public officer is . They do not have any authority at this point to acquire land or act on Council' s behalf . Councilor Hawkins asked if we already had the corporation it would be all right to go into executive session and discuss this, but since we don' t you do not think it is right? Mr. Templar replied that he was not in a position to concede the first point . He said he has been asked to serve as an advocate for the newspaper, but not given a lot of latitude . I would just prefer that you ask the City Attorney to do a little more research. I think I raised some issues which he did not address . I do not see why you can' t wait two weeks . Mayor commented that it would go without a doubt that every member of this Council has the public interest at heart . I think we have all affirmed that in one way or another and I think we go forward with that interest foremost . That is one reason why we made the decision to run for Council and why we 530 Item 14c cont ' d. are sitting up here . Mayor deferred to the City Attorney' s opinion and at this point feels comfortable with his comments . Councilor Thompson asked if he was putting forth the same argument for other boards and commissions as he has for the sales tax corporations Mr. Templar said that was an issue which he and his editor would have to discuss . We believe that the Council has some advisory boards that in the past, appointmentsfi"` ' were discussed in private and we were not aware of this interpretation of the law. The problem is that you have to determine if each board has sovereign power. Councilor Johnston stated that he would see a problem if this was extended to all boards because it is difficult enough to get people to serve on these boards now. If we are going to discuss in a public forum their qualifications, the intimidation factor of that is going to discourage participation. Mr. Templar remarked that the bill has been introduced to the House of Representatives because of that concern. Mayor said that some issues need to be researched. However, I think regarding the matter at hand, we should rely on our City Attorney' s opinion and that we proceed. City Council went into executive session as authorized by Section 551074 of the Government Code at 11 : 20 a.m. and reconvened at 12 : 00 p .m. Item 14d Moved by Councilor Thompson that Benay Ayers, Rick Boone, Ray Gonzalez, Paul Hughes, Tommy McCullough, Arnold Oliver and Ikard Smith be appointed to the 4B Sales Tax Corporation. Motion seconded by Councilor Hawkins . Mayor expressed appreciation to these persons for their willingness to serve as in the case of both boards . The Council has received applications as a part of the process and we have advertised this process on our TV channel and it was mentioned in our local newspaper. Additionally, the Council was free to nominate people who may not have submitted an application. I have taken a lot of time and talked individually with everyone who has been approached to serve on these boards to determine whether they were willing to serve their City in these capacities . Everyone on both boards is willing to take the responsibility and commit the time, effort and energy that both corporations will serve . The selection process has been open to the public and is a process that the Council has taken with extreme seriousness and interest . I am personally very pleased with the people who have consented to serve on these boards . Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None 531 The City Council adjourned at 12 : 05 p.m. PASSED AND APPROVED this day of tY 1997 . KATtIRYN A. kEA6f MAYOR ATTEST: Lydia Torres City Clerk �E. �.. � �