Loading...
Min 09/08/2009 1! � O 677 CITY COUNCIL MINUTES Wichita Falls, Texas Memorial Auditorium Building September 8, 2009 Item 1 The City Council of the City of Wichita Falls, Texas met in special session on the above date in the Council Chambers of the Memorial Auditorium Building at 8:30 o'clock a.m., with the following members present. Lanham Lyne - Mayor Rick Hatcher - Mayor Pro Tern Glenn Barham - Councilors Dorothy Roberts-Burns - Jim Ginnings - Charles Elmore - Michael Smith - Absent Darron Leiker - City Manager Miles Risley - City Attorney Lydia Ozuna - City Clerk Mayor Lyne called the meeting to order. Item 2a Mayor Lanham Lyne gave the invocation. Item 2b Mayor Lyne led in the Pledge of Allegiance. Item 3 There were no presentations. Item 4 Barbara Wesley, 1315 Harding, said that she read in the newspaper that the City was going to repair Tulsa, Woods, and Roosevelt Streets almost immediately. That has not happened and she was asking why. Mr. Russell Schreiber will check into that. Mrs. Wesley mentioned the gas leak on Harding Street that occurred last Friday. She stated that the gas fumes were overwhelming and the odor was very bad and strong. She expressed concern that the emergency vehicles did not have their sirens or lights on when on route to the incident, and she wanted to know why. She asked why the citizens were not notified and why Code Red was not initiated. Fire Chief Foster informed that the incident was at the Tank Farm and it was a line that had a hole, a leak, but it was contained. We were called out on mutual aid because it is in the County, not in the City. We did receive calls throughout the City on the odor and we did respond to those calls. The Battalion Chief responded to the incident and he reported that there was a strong smell but it was contained and it was not a major leak. The Battalion Chief did not think it appeared to be dangerous. 678 Item 5 Minutes of the September 1, 2009 City Council Meeting will be considered at the next Council meeting. Item 6 A public hearing was held on the proposed property tax rate for the 2009-10 Fiscal Year. Mayor declared the public hearing open. Finance Director Jim Dockery made some background comments on the public hearing requirements and informed that Council will consider the adoption of the tax rate and adoption of the budget at their September 15, 2008 Council meeting. Christopher Ballard, 2402 Wenonah Avenue, informed that he had to take off work to come and speak at this meeting. He expressed concern that the public hearings are held during the day when the taxpayers are at work. When you raise taxes during an economic downturn you hurt the economy. We have tried raising taxes in the past like during the great depression, the 70s and 90s, and do not know why we have to try it again. He mentioned that when there is not enough money in his home, he has to make tough budget cuts and make do with what he has. He has had to make tough decisions within his budget in order to spend less than what he makes. He suggests the City do the same thing. As his home income grows and shrinks over time he adjusts his standard of living to match that. I should not have to take time off work to come down here and tell my council this simple concept. I cannot afford not to be here even though it is going to affect my income. Governments at all levels need to grow and shrink with their respective tax base. Currently there are a lot of people in this area that are hurting and I think a tax hike at this time is ridiculously inappropriate just to match last year's tax revenue. The only place I see growth is in government. He is on a salary freeze and he is not alone in that situation. He hears of pushes for pay raises for City employees and government growth in general and he said that he is the one who is going to foot the bill for this. This is not just fiscally irresponsible but immoral. I encourage you to lower spending to make cuts in order to make up the budget gap and not expect us to foot the bill again. I am not saying to cut necessary services like fire and police but there is some other spending like roads that do not seem that bad getting repaved. Stuff needs to get done but right now is not the appropriate time. Mayor said he understood where he is coming from. He pointed out that the budget this year is less than last year's and we did cut or reduce the budget by $6 million. We try to balance those needs. B.J. Amos, 1665 Speedway, retired school teacher and local business owner, concurred with Mr. Ballard's comments. It is an inappropriate time to increase taxes. I hope we will be fiscally sound when we decide this. There should be a freeze at this time simply because there are people who could not be here to represent the population because they are working today. This is a time when everybody needs to tighten their belts. She asked for clarification on the increase for a $100,000 home. City Manager replied that it would be $0.85 a month. Mrs. Amos asked where the $632 came from. Councilor Barham explained that the average price for a home in Wichita Falls is $105,000 so the total tax would be $632 and that is a one cent increase over last year which would be a little over$10 a year. That is just for the City. City Manager informed that Wichita County's tax rate is projected to go up 7.99%. Mrs. Amos stated that there may be a problem trying to pass future bonds if we continue to do this because we were told that our taxes would go down when these bonds passed but now are asking for an increase. Mayor clarified that that is on the school district tax. Mayor informed that of your total property tax half goes to the school district and the other two quarters go to the County and to the City. On a $100,000 home your tax will go up $10 a year for your City tax. Jean Sherrill, 2004 Jones, stated that low income seniors do not need any property tax at all much less an increase. I came before you two years ago and asked you to repeal the tax on us and I did not get any moves out of you so we are going to the 679 Item 6 continued Governor asking him to repeal it. That is much better because that will include the entire state. Councilor Ginnings commented that he would not vote for a tax increase if it includes raises because he feels the principal should be applied and hopefully next year we can do better but if not we will do what we have to. City Manager asked for a point of clarification. I think what you are talking about is a freeze of the current stability and longevity program; not taking away last year's earned amount. It would be not giving a growth factor and that is listed in Option 2. If we did that it would be a savings of about$42,000 a year; it is not a significant sum so that in itself does not take away the need for that one penny that would generate $440,000. Councilor Ginnings stated that it was the principal of the thing. Mayor called for additional comments. There being none Mayor declared the public hearing closed. Item 8c was moved up and considered at this time. Item 8c Discussion of the Fiscal Year 2009-10 Budget was held. City Manager commented that we are here to answer any questions Council might have at this point. We have given you our recommendation and that is Option 1. The plan is next week to approve the tax rate and budget so if there are any differences it would be good to work through those today and not be surprised next week, otherwise we would have to have a special meeting at the end of the month. City Manager reviewed the three options. Councilor Ginnings hopes that the City Manager and staff do not think challenging this tax increase is a reflection on the extraordinary effort you all put into this. I know the cuts you made are real and everything you have done is; I know how much effort I put into it and yours is multiples of what I have put into it. I hope you do not take it personally that it is a challenge to the integrity of the job. If we do ask you to find other cuts that you do that because I do not think any of us could determine which positions are not needed. We have to have your cooperation. Councilor Hatcher noted the incredible budget work the department heads and the City Manager have done in cutting millions of dollars to make this budget work. He commented how every municipality in America is dealing with what we are dealing with and a lot of them are cutting positions such as in Ft. Worth and Dallas. It bears repeating that I think our City Manager has done a tremendous job in preserving jobs. Councilor Hatcher stated that there are a lot of cuts in this budget but I think we can do this without raising taxes; it will cost us some deficit spending in the General Fund and that is almost never a good idea and I realize that. He mentioned that there are pressures on every human whether you are a property owner or not. If there is a way to do this budget without raising taxes, and there is, then I cannot vote to raise taxes even though it is a small amount. Councilor Ginnings had an idea last week that I really liked; it is a creative way of looking at street projects. If there is another way to do this and I know there is then I do not want to vote for a tax increase no matter how small it is. City Manager commented that he thinks what you would be looking at is Option 3. If Council is leaning toward not increasing the tax rate, my second recommendation would be to cut spending even more rather than continue spending and dipping into reserves. It there is ever a hope of raises in the future and if we do this without a tax increase I do not see when we will ever give raises to the employees in the next several years. What we can do is go back and come up with further cuts and that would be service reductions. The explanation to the public is that we heard you and you do not want your taxes raised, but the other side of that is we have to cut our expenses. 680 Item 8c continued Mayor stated that he hears council consensus for you to take a look at that. Councilor Elmore referred to outsourcing various things and said he would like to pursue that with due diligence because this may very well be the salvation for our community in this particular circumstance. City Manager stated that staff is looking at that, however that is several months and we are talking about unwinding a major operation, perhaps, and State requirements and State liabilities that we would have to fund if something were closed. That is not the answer to this budget issue today; it may be next year or in the future. That is what we are going to pursue and ultimately make a recommendation to Council. Do not hang your hopes on that for this particular year because there is no time for that. It is a major issue this community has to deal with and it is going to take months because once we are out we are out. Mayor commented that we have a number of mandated increases from the State this year that have to be covered and we have revenue declines. But in spite of that we have departments that have not grown in years yet their burden has continued to increase in what they are doing so we are getting higher productivity out of the staff we have. We are doing a lot of things well in the City. All these options are worth continuing to discuss and look at some further cuts to give Council maybe an Option 4. Using the reserves does not worry me quite as much as it does others. I would like to be optimistic but it is hard to be optimistic right now about what we see in the near future as far as revenues. That would be deficit spending now and it may be that does start affecting bond ratings down the road, not only the tax increase but using reserves for expenses. As most of us have to dip into savings to make ends meet that is what we are doing here and we may have to dip a little deeper. Let's keep at it. We have one option left and that is next week to make a decision. Councilor Barham went on the record stating that he will not vote for a budget that cuts pay. If you take away the longevity and stability pay you are cutting away pay, if you take the program away; if you freeze it, at least it is staying where it is. I am not going to vote for a budget that is going to cut anybody's salary. I do not have a problem freezing a salary for a year but I am not going to vote for any budget that is going to cut a salary. Everybody in the organization, every non-sworn employee and every civil service employee has worked hard to maintain their standard of living and if we cut pay then we are going to be dipping into that standard of living and I do not think we need to do that not at this time. Councilor Roberts-Burns stated that she concurred with Councilor Barham. I am not going to vote for anything that is going to cut the employees pay; I can understand freezing it for a year but farther than that I cannot do it. Councilor Hatcher concurred and said he did not think anyone here would want to save money that way. He said when you are saving money in regards to the labor force the way you do it is through attrition. He concurred with Councilors Barham and Roberts-Burns and stated that he does not want to take anything away from anybody, freeze is one thing, and I see us going that route for one year then look at it again. The way you go is through attrition and that maintains everybody's level where they are. Mayor Lyne thanked the people who came to express their interests because they represent many many people. Items 9a and 9c relating to Officer Robert Banda were moved up and considered at this time. Items 9a and 9c City Council went into Executive Session at 9:25 a.m. in accordance with Texas Government Code Sections 551.071 and 551-074. City Council reconvened at 10:21 a.m. 681 Items 9a and 9c continued Mayor announced that no polls or votes were taken during Executive Session. Item 7 A proposed resolution was presented extending the leave of Officer Robert Banda pursuant To Texas Local Government Code Section 143.073. Moved by Councilor Hatcher that proposed resolution be passed. Motion seconded by Councilor Barham. Chris Barrett, Staff Attorney for CLEAT, presented Officer Banda's background in the police force, the military, and the community. He provided information on Officer Banda's injury as well as his current status. He noted that the extended leave would provide the 30% that Workers Compensation does not cover and give Officer Banda the time to have a third surgery to achieve greater knee flexibility. Councilor Barham asked if he was aware of any 143 cities that have officers in the same position as Officer Banda, trying to come back to work and asked for an extension, and have those cities made concessions by creating a position for people to work in a light duty permanent position. Mr. Barrett replied that San Antonio, Fort Worth, and Dallas have some officers that were injured in shootings that serve in light duty. Mayor asked if surgery for Officer Banda was scheduled at any time. Mr. Barrett replied that at this time it was not because of the back and forth with his position and workers compensation, and hopefully that will be ironed out soon so he can have this third surgery. Once surgery is scheduled we will get a time frame for the Council; we anticipate it will be a few months. To get surgery scheduled, have the surgery, and rehab will be a matter of months to get that done. Councilor Elmore asked if there is an expectation that the third surgery will provide a significant percentage of increase as far as his capability; is there a potential of 100% return to where he was prior to the shooting. Mr. Barrett said it would be really optimistic to say 100% and I do not think the law requires 100%; no way to tell what percentage. Councilor Hatcher thanked Officer Banda for his years of service. It appears that this is maybe a career, if not ending, slowing and I feel bad about that. He asked if at this point Police Chief Bachman offered Officer Banda to return to light duty, would he be willing tomorrow to do that if it was available. Mr. Barrett replied that it has been discussed between, Officer Banda, himself, and City staff but one primary concern is that due to the current condition of his knee he is still taking narcotic medicine for pain control and that may be an issue for the City. But overall, Officer Banda is a worker and is willing to come back and take light duty assignments; he wants to be a part of the team. Once we can get around the issue of what effect being on the narcotic pain medicine would have with the City, and that would be a City staff decision, versus his surgery schedule and rehab that he faces in the next few months, I think those are all are considerations to take into place. I am in agreement with Councilor Hatcher. Councilor Hatcher asked if it was probable that your job as a CLEAT attorney is to get your client what you can get for him, and if we were to allow the maximum, which is one year, is it probable that you will be back in another year asking for more time. Mr. Barrett replied that he would characterize that to be potential not probable. There is a potential for that but we hope and anticipate this third surgery and the rehab and within this twelve month period that the City and Officer Banda can sit down and determine what his future will be. Councilor Hatcher commented that we need good cops and it would be good to have him back even if it was in a reduced capacity; there is plenty of work that does not involve chasing people on foot. Councilor Barham referred to documentation defining leaves of absences that should be limited to one year unless extraordinary circumstances exist. He believes this is an extraordinary circumstance. Officer Banda did not go to help that lady with the intent to get shot he went to help that lady to survive the assault and mauling she was dealing with. Any time an officer in Wichita Falls gets shot it is extraordinary; that is not the norm for Wichita Falls, maybe it is the norm for the Dallas's, San Antonio's and the El Paso's, but not Wichita Falls. 682 Item 7 continued Moved by Councilor Barham that Council extend Officer Banda's leave for one year at the salary percentage of 100%. Mayor noted that the end date would be through September 8, 2010. Motion seconded by Councilor Roberts-Burns. Councilor Ginnings stated that the facts that have been presented are that no medical doctor and the Objective Review Committee have stated that the likelihood of full recovery and ability to return to duty as an officer is not there. He said that Mr. Barrett admitted to that in his comments saying that given this extra year hopefully you can come back and determine what role, which leaves us with the impression that the medical community determined that it will not be as an officer on the beat. The other facts we have been given are that the vacancy this leaves in the police force needs to be filled. We are also advised that a permanent light duty job counts against our allocation for peace officers. There is no doubt in my mind that Officer Banda would prefer to be out doing his job and that he has dedicated his life to that. This is probably a career change moment, not necessarily out of the Police Department but for some other duty and that duty would be at lesser salary than an officer. However, the system provides for a certain amount of disability pay to compensate for all or part to perform as a police officer. In addition to that we provide sick leave, and this is like sick leave it is an impairment. The other facts that we have been presented are that if this is not allowed all of the options of surgery and obtaining all or most of the current income for the next twelve months will exist. Council's decision does not preclude Officer Banda from obtaining the surgery at no cost to him, at which time then he could present himself for employment to the Police Department. In the meantime the City should not be a prisoner of the ambitions and the probability and lack thereof for Officer Banda to come back to his former position. This position remains open and we do not need open positions; we need more people than we have. It appears to me that his options are not limited by us denying this one year extension. One last thing, you admitted to the potential and quoted examples from other cities that each year council is asked to grant a one year extension. In principal that is not what the system was created for, it was to account for these awful situations like has occurred here in a compassionate way. I am going to vote against this because the system was created to deal with this type of situation. I do not see the Officer's options limited by such a decision. The only thing I see happening is using up some sick leave and vacation time that otherwise would continue to accumulate if the decision is granted. Mr. Barrett stated that Councilor Ginnings was accurate in his statement that Council can vote not to pass this resolution and that would put Officer Banda in a position where he would have to start burning his vacation and sick days. Unfortunately that is not an infinite pool of time and it will eventually run out and if surgery does not have the results we expect a year from now we are back here and it is going to be a hard decision for Council. Because he will be out of leave time and Council will have the decision to either grant additional time with the pay or he is gone. The disability leave amount is not sufficient to raise a family. Officer Banda has two young children and is engaged. Earlier this morning Council had a discussion about achieving a status in life, having a salary and a certain quality of life and not wanting to take away from that. Telling an officer to make do on disability leave pay does exactly that. It is not sufficient; it is substantially lower than what he is making now as an officer. Councilor Ginnings said that would supplement whatever earning ability he had with another job in the Department or outside the Department; it is not the sole source of income. Mr. Barrett explained that if Council denies the extension, once he burns his leave time then he has the option to medically retire which is where the disability pay comes into play. If he is medically retired and not working for the City that becomes his sole source of income. Councilor Ginnings asked if he is limited from working somewhere else. Mr. Barrett replied that the issue of Officer Banda continuing to serve as a commissioned officer for the City of Wichita Falls, it is no small thing to make that transition from commissioned peace officer to say in a day's period it is easier for the City to say that it is more convenient for us that you go serve in this lesser capacity. Frankly that is not right. You have options before you today and one is the right and fair decision to make and the other is not a just decision to make. Councilor Ginnings said that Mr. Barrett is asking the City to make this decision ad infinitum, next year, and the year after, etc. Mr. Barrett replied in the negative and stated that their official position is our request is just the request here today. We fully anticipate that Officer Banda will be able to have his surgery, have the rehab and be able to determine with the City, be it in CID or some position in the Police Department as a commissioned officer that does not require him to chase criminals down the street. I do not think that is going to be the outcome that he will be back as a patrol office chasing criminals down the street. He is 683 Item 7 continued an intelligent young man with years of experience. Will he be able to serve as a commissioned officer in CID in the different specialized functions of the Police Department that is a resolute "yes" and I think he can do it very well. We are asking for time to make that determination. I do not anticipate this to being ad infinitum. There is a real chance of improvement in Officer Banda's situation. Councilor Elmore said that one of the problems he sees is that we do not have a full Council present and I would propose that we table this for a week. I feel very strongly that this situation is extremely unfortunate and we wish you well. I think we need a full Council to consider this request. Moved by Councilor Elmore to table this item for one week. Motion seconded by Councilor Barham and carried by the following vote. Ayes: Mayor Lyne, Councilors Barham, Smith, Roberts-Burns, Hatcher, Ginnings, and Elmore Item 8a There were no staff reports. Item 8b Councilor Hatcher, in Councilor Smith's absence, reminded everyone that Museums Day is this Saturday September 12 and he encouraged everyone to attend. Mayor added that the Boys and Girls Club Kids Celebration and the Shrimp Celebration will also be this Saturday. Councilor Barham commented that we have had a lot of discussions about gang injunctions and the good they have done for the community. In both of those zones crime rate has dropped. He asked for a report with answers to the following questions: 1) how many violators have been arrested for violating the gang injunction and how many are repeat offenders; 2) how many prosecutions have we had and how many resulted in convictions, how many acquittals, and how many plea bargained to a lesser offence. Councilor Ginnings informed that Crestview Cemetery is adopting a policy of a maximum of three burials per day, and funeral homes have expressed concern about that because they may have as many as six daily. He asked that we take a look at the following: 1) is it possible to move the Riverside Cemetery expansion along and provide that new lots can be purchased out there maybe even before we finish the last property? 2) North Lakeview Cemetery - no lot sales in years; it is very well maintained, and maybe we should develop a marketing plan that would offer a reduced rate for lot purchases because it does not seem to be a popular cemetery. Maybe this would help alleviate the limitation at Crestview. Councilor Ginnings mentioned complaints of excessive wait time at certain signal lights. Some time ago we had a study to address synchronizing but he cannot pin point a specific intersection. One of the suggestions was to try flashing lights at off peak day light hours and in connection with that, he asked if we are trying that at Stonelake and Southwest Parkway because he has seen a flashing caution light there. City Manager replied that we are not experimenting with that, it may have been a malfunction. We will take a look at that, but we do need the specific locations so we can fix it if there is a malfunction. Councilor Ginnings realized that Community Development had been working a lot day and night on particular projects but they were asked for a proposal on the maintenance code addressing unusual abandoned structures and that has not been forthcoming. He would like an answer. City Manager concurred that staff has been very busy with the TIF#3 creation and the budget, so the maintenance code has taken a back seat to what we have been working on. Dave Clark did send me a report but I sent it back for additional information. I 684 ' Item 8b continued hope to have that finished up this week or early next week and we will get that to Council. Councilor Elmore informed that there was a big pot hole between Missile gate and Hooper on Missile Road. Items 9b and 9c City Council went into Executive Session at 11:15 a.m. in accordance with Texas Government Code Sections 551.072 and 551-074. City Council reconvened at 1:27 p.m. Mayor Pro Tern Hatcher announced that no polls or votes were taken during Executive Session. City Council adjourned at 1:30 p.m. PASSED AND APPROVED this day of 0 2009. c MAYOR ATTEST: c� Lydia Ozuna City Clerk NOTICE OF MEETING Regular Meeting Of The Mayor And City Council Of The City Of Wichita Falls, Texas, To Be Held In The City Council Chambers Of The Memorial Auditorium, 1300 Seventh Street, On Tuesday, September 8, 2009 Beginning At 8:30 A.M. City Council: Mayor Lanham Lyne, Councilors Glenn Barham, Michael Smith, Dorothy Roberts-Burns, Rick Hatcher, Jim Ginnings, and Charles Elmore. 1. Call To Order 2. (a) Invocation (b) Pledge Of Allegiance 3. Presentations: 4. Comments From The Public To Members Of The City Council Concerning Items That Are Not On The City Council Agenda. People Wishing To Address The Council Should Sign Up Prior To The Meeting Commencing. A Five Minute Time Frame Will Be Adhered To For Those Addressing Their Concerns. 5. Approval of Minutes 6. Public Hearings (a) Public Hearing on Proposed Property Tax Rate for the 2009-10 Fiscal Year 7. Resolutions (a) Resolution extending the leave of Officer Robert Banda pursuant to Texas Local Government Code § 143.073 8. Other Council Matters (a) Staff Council Discussion (b) Discussion of Items of Concern to Members of the City Council (c) Discussion of Fiscal Year 2009-10 Budget 9. Executive Sessions: (a) Executive Session in accordance with Texas Government Code §551 .071, consultation with attorney on matter involving pending or City Council Agenda Page 2 contemplated litigation or other 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 the Texas Open Meetings Act (including, but not limited to, Texas Local Gov't Code §143.073) (b) Executive Session in accordance with Texas Government Code §551.072, to deliberate the purchase, exchange, lease, or value of real property interests due to the fact that deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party (including, but not limited to, the purchase and/or value of future locations for potential City administrative facilities) (c) Executive session in accordance with Texas Government Code §551 .074 to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, dismissal of a public officer or employee (including, but not limited to, the City Manager, City Attorney, Judge of the Municipal Court, City Secretary, and Police Officer Robert Banda) 10. Adjourn Wheelchair or handicapped accessibility to the meeting is possible by using the handicapped parking spaces and ramp located off the east parking lot on the Sixth Street entrance. Spanish language interpreters, deaf interpreters, Braille copies or any other special needs will be provided to any person requesting a special service with at least 24 hours notice. Please call the City Clerk's Office at 761-7409. Wireless Listening System devices are available at the City Manager's reception area or you may call 761-7404 for inquiries. Every item on this agenda shall be considered a public hearing. Regardless of the agenda heading under which any item is listed, any word or phrase of any item listed on this agenda shall be considered a subject for consideration for purposes of the Texas Open Meetings Act and other relevant law, and City Council may deliberate and vote upon any such subject and resolutions related thereto. Resolutions, ordinances, and other actions concerning any word, phrase, or other subject may be voted upon, regardless of any language of limitation found in this agenda or any document referring to such action. Any penal ordinance, development regulation or charter provision of the City of Wichita Falls or item which is funded by the current or next proposed City of Wichita Falls budget, including,without limitation, any street,water pipe, sewer, drainage structure, department, employee, contract or real property interest of the City of Wichita Falls, may be discussed and deliberated,and the subject is hereby defined as such without further notice. Any item on this agenda may be discussed in executive session if authorized by Texas law regardless of whether any item is listed under "Executive Sessions" of this agenda, regardless of any past or current practice of the City Council. Executive sessions described generally hereunder may include consideration of any item otherwise listed on the agenda plus any subject specified in the executive session notice. Executive sessions described generally hereunder are closed meetings,may include consideration of any item otherwise listed on the agenda plus any subject specified in the executive session notice,and may include items under Texas Government Code Sections 551.071, 551.072, 551.073, 551.074, 551.076, 551.084, and/or 551.087. Any descriptions of property or amounts stated herein are descriptive and not restrictive, and property and amounts may be changed in the motions, actions or documents without further public notice. This agenda has been reviewed and approved by the attorney for the governing body, and the presence of any subject or description in the Executive Session portion of this agenda constitutes a written interpretation of Chapter 551 of the Texas Local Government Code by the attorney for the governmental body indicating that said subject or description thereof may be legally discussed in a closed meeting. CERTIFICATION I certify that the above notice of meeting was posted on the bulletin board at Memorial Auditorium, Wichita Falls, Texas on the day of 2009 at o'clock (a.m.)(p.m.). City Clerk