Celebrating 126 Years of Serving the communities of Devine, Natalia, Lytle, Bigfoot, and Moore in Medina, Frio, and Atascosa Counties
Category: City & County Politics
Information you need to know about the City of Devine, Medina County Commissioner’s Court, City of Natalia, City of Lytle, and our local Emergency Service Districts.
Several city leaders changed their tune after citizens voiced their concerns about rushing into a bond election without many details, and overall cost and tax bill impact. This past week, the Devine City Council voted unanimously to cancel the $15 Million Bond Election for drainage projects.
Current Mayor Cory Thompson (TOP) will be challenged by mayoral candiate and local businessman Butch Cook (BOTTOM) seen voicing his concerns among many other citizens about the $15 million bond at a recent public hearing.
A video on Devine News YouTube, shows the bond presentation given by Mayor Cory Thompson at a special meeting this past February 2nd when three council members voted to go out for the $15 Million Dollar Bond/Drainage Project, after choosing from a “wish list” handed out by the mayor. Voting to put the $15 million drainage bond on the ballot were council members Debbie Randall, Flipper Vega, and David Espinosa, with encouragement from Mayor Cory Thompson to put it to a vote, who stated “If people don’t want this they can vote it down.” Then a Espinosa-Randall motion to approve it passed (3-2), with Josh Ritchey and Angela Pichardo voting against it. Two public hearings were held where citizens questioned the priority need for such drainage projects and pushed for more details. Before ballots were printed, a special meeting was called to discuss the cancellation of the bond, and this time all council members voted in favor of cancelling the bond issue. There will still be an election for Mayor of Devine between incumbent Cory Thompson and Butch Cook. District 2 Councilwoman Angela Pichardo re-filed for office also, and will be challenged by Michael Hernandez for that position. Councilwoman District 5 Debbie Randall is unopposed. Election Day is May 6, but early voting starts April 24.
By Anton Riecher Devine Volunteer Fire and Rescue Engine 8120 has returned to duty after a $29,499 overhaul, Medina County Emergency Services District 2 board secretary Brenda Butler reports. The board was updated on the engine’s status during its March 21 monthly meeting. Engine 8120 is a 2008 Spartan pumper carrying 1,700 gallons of water and 50 gallons of Class A foam. It has the capacity to draft water from a static source such as a pond. The unit carries six personnel and is generally the first out of the station for structure fires. Devine Volunteer Fire & Rescue consists of nine apparatus and 30 personnel, of which 24 are line officers, active firefighters and cadets with 2,300 hours of training annually. The rest are active personnel in the fire auxiliary working behind the scenes. In February, the fire and rescue responded to 39 emergency calls in a 31 day period. In other matters, the board was told that 15 students in Hondo and 18 in Devine were ready to take their emergency medical technician (EMT) test. Preparation for testing by the group amounts to 300 hours of trainng. The board asked staff to research the cost to add a 1,000 gallon tank at the main fire station to fuel trucks and equipment.
At the February 6, 2023 Special Called Board Meeting the MVISD School Board voted to order a bond election on May 6, 2023 in the amount of $376 million with a tax increase of 2.8 cents. To see the additional cost to your existing tax bill, visit mvisd.com and plug in your home value into the calculator. Details of the bond as well as drawings of what the new high school and traffic improvement will look like are on the website also. Early voting is from April 24 to May 2, with the election day of May 6, 2023. The breakdown of the bond: High School #2 – $323M Safety & Security Enhancements – $5M Traffic Improvements – $4M Agricultural & Jr. ROTC Facility – $14M Land Purchases – $30M These bond projects were brought to the board for consideration based on extensive community input by a diverse group of citizens throughout the district. The MVISD Community Bond Advisory Committee, made up of 30+ community members, met regularly throughout the last few months, with the main goal of addressing the district’s fast-growth. Currently MVISD has an enrollment of 7,700 and is expected to double in size by 2032. Medina Valley ISD covers about 300 square miles and is located west of San Antonio. The proud students of MVISD come from Castroville, La Coste, Rio Medina, Dunlay, Mico, parts of San Antonio, and surrounding areas. The District has approximately 7,700 students with eight campuses: five elementary, two middle, and one high school. Over the past several years, Medina Valley has consistently seen growth in student enrollment with an increase of 7% – 10% new students every year. The District consistently outscores all State averages in accountability ratings and testing, producing well-rounded career-minded students. The school community is constantly evolving from year to year with new state-of-the-art facilities and building additions. The District excels in all academic and extracurricular activities and has a large fan base for all activities. Facts: MVISD has added more than 1,000 students over the last year. 2032-2033 Projected Enrollment is 15,628. There are currently 50+ active subdivisions and 10+ future subdivisions in MVISD. Projections show an additional 3,800 students over the next five years. Medina Valley ISD covers close to 300 square miles. There are 24,921 projected future homes in MVISD. Medina Valley ISD is an A Rated School District by TEA. Medina Valley ISD has earned the highest rating possible on the Financial Integrity Rating System of Texas for the past 20 consecutive years.
Last Tuesday, Frances Navarro took the podium at the Devine City Council meeting with drinking water safety concerns. Navarro was given only five minutes to talk, but said quite a lot while she was up there at the podium. With so much funds potentially going into the huge drainage bond if passed, she asked council to consider their priorities. “Wouldn’t you agree that safety and cleanliness of our drinking water would take priority over water drainage issues since it affects the community as a whole?”she asked. “You Ms. Randall stated that we have clean water. Are you aware that in 2017 the EPA named Devine and one other municipality in the entire state of Texas and I will quote, ‘higher than allowed asbestos level in their water that year. Testing from January to July reveled fluctuations of asbestos levels, 14,17,18 million parts. City officials did not believe this was a serious danger…only a mere testing issue that’s all!”she stated. “The asbestos line pipes are the foundation of our water municipality and have exceeded their lifetime as many other things. So, no Ms. Randall I disagree, we do not have clean water as you stated in prior discussions. And where in the lineup of this wish list does the safety and cleanliness of our drinking water fall? The community deserves a response, “ Navarro stated. She also was worried that the city was asking the taxpayers to bank roll the drainage/flood bond project, while tying up the funds for 20 years when there is a problem finishing the water line project right currently. Randall asked to respond and Mayor Thompson said “If you respond its part of the time (Navarro’s 5 minutes).” Randall confirmed, “Yes, I’m aware of the 2017 asbestos. I was out there with y’all because I wasn’t on council then, I was screaming and yelling also. But that’s what this $9 million project is for and doing right now to guarantee quote ‘safe drinking water’. However our samples have come out within the guidelines and not with the spikes of asbestos,” she said. They argued back and forth whether the city was just testing for bacteria or other things too. “If we are not in normal guidelines we have not been informed about it”, said Randall. “ You were notified in 2017”, said Navarro. “Well, we do them every month”, said Randall. “I haven’t seen any letters to notify us of what is being tested or not. I would have paid attention especially since my street located in District one has house after house, at least 13 people with cancer related issues. One just died two weeks ago. So our commonality is not anything other than the common denominator– the drinking water”, said Navarro. “I understand what you are saying”, replied Randall. Then the Mayor said, “Debbie we’re out of time”. Navarro said, “Thank you for your time” and left the podium. Ritchey immediately asked Attorney Tom Cate, “Tom is there anything we can do legally as a council to extend the amount of time people have to speak during this public hearing?” “Vote on it”, Cate replied. Ritchey made the motion to extend the her time, and other citizens, to speak to 20 minutes or until time ran out for the night, Pichardo seconded it. Espinosa and Randall voted no. The mayor then had the opportunity to vote, to break the tie-breaker. “It’s a tie, motion fails,” called the Mayor.
Well-educated on tax rates, local appraiser and Devine resident Michelle Berdeaux gave an eye-opening address to Devine city leaders. She pointed out how much property tax bills would rise over the next 20 years if this drainage bond goes through at the max tax rate. Her own bill would rise $94,000 over that 20 year period, she said.
By Anton Riecher and Kathleen Calame Citizens took the opportunity at a public hearing on March 28 to expressed frustrations, concerns and questioned the Devine City Council and Mayor about the upcoming $15 Million dollar drainage bond that the voters are being asked to pass on May 6, 2023 with a substantial tax increase. Topics addressed by the public ranged from the possible negative impact such a tax rate hike is expected to have on citizens and businesses, driving away new business, how the overall project benefits a relatively small number of homes , to the long term limitations imposed by the state on municipal tax rates. Concerns were expressed over the priority and slow progress to finish the asbestos water line project already underway to insure clean and safe drinking water to the whole community, plus the lack of funds available if the bond passes to take care of such projects if needed. Time rules challenged With the deciding tie vote called by Mayor Cory Thompson, the Devine City Council rejected a motion to extend the time available to give citizens commenting from five to 20 minutes during a public hearing on a proposed $15 million flood improvement bond issue. Each citizen was cut off after 5 minutes. “If council wants to change the rules then we need to actually go in and change the rules,” Thompson said following the split vote March 28. The $15.020 million bond issue involves drainage and flood control improvements to better channelize water entering Burnt Boot Creek. Principally, the project would mitigate flooding issues between Colonial Parkway to Howell Street affecting 32 homes and structures within the 100-year flood plain. For complete video coverage of the public hearing visit the Devine News’ YouTube channel at youtube/3elazU9_fR8. At the second of two public meetings on the bond issue proposed for the May 6 election ballot, Thompson opened by addressing the recent controversy over time allowed for public comment. “I’ve talked to legal counsel (City Attorney Thomas Cate) for the past couple of weeks,” Thompson said. “He has recommended that I follow standard city policy instead of something slightly different when conducting a meeting.” In the past, Thompson said he had always allowed three minutes for public comment. However, a review of the actual city code written in 2007 places a five minute limit on such comment. “And that’s what we’re going to do tonight,” Thompson said. Council previously permitted three-minutes uninterrupted for each individual to address the council. By contrast, the five minutes would include breaks for response from council members and the city staff, With regard to items on the regular session agenda, individuals are permitted to make questions now as each topic is discussed. Following the first speaker Frances Navarro who was cut off at the five minute mark, District 4 Council Member Josh Ritchey asked if the council could extend the time limit further. Cate told Ritchey that the council was free to vote on the matter. “I make a motion that we extend the amount of time that citizens have to speak at this public hearing to 20 minutes or until we run out of time tonight,” Ritchey said. The motion was seconded by District 2 Council Member Angela Pichardo. However, District 3 Council Member David Espinosa and District 5 Council Member Debbie Randall voted against the motion. With District 1 Council Member Ruffino Vega absent, the deciding tie vote went to Thompson. Thompson said, “Motion fails”. Tax Bills would rise drastically Michelle Berdeaux, Chief Appraiser of the Atascosa County Appraisal District is a Devine resident who lives on Jack Nicklaus. She asked for clarification on a comment at a previous meeting by the representative of SAMCO Capital Markets, the city’s financial consultants, that the project would cap the municipal tax rate at $1 per $100 valuation. “I believe the public is being misled. According to the Texas Municipal League municipal property tax rates for cities of 5,000 population and less are limited by the Texas Constitution, Article 6, Section 4 and 5, to a maximum tax rate of $1.50 per $100 of assessed valuation. As of 2022, Devine’s population stands at 4,349, Berdeaux said. “So my concern is that if you’re maxing out your tax rate at $1 I believe, if I’m not mistaken, that’s your interest and sinking fund,” she said. “But the whole combined city tax rate can be up to $1.50. If we’re combining all of our resources into this project … I think I read somewhere it’s going to help 25 homes I believe and a couple of streets, okay, for the next 20 years what are we going to do about our services. “We’re going to have to go up on our tax rate to pay our police officers, city employees, public works personnel,” Berdeaux said. For example, she said that the 20-year estimated cost for Mayor Thompson on his new home built in 2022 and not at market value because it was under construction, at a tax rate of $1.50 per $100 valuation, would be $44,213, she said. “Your tax bill, if it were at its regular amount would go from a current tax of $549.54 annually to $2009.70,” Berdeaux said. She also reported that the annual tax rate on Randall’s home would potentially rise from $671 annually to $2,254.73. “That’s almost a $50,000 investment out of your pocket for these 25 homes.” Berdeaux said. Berdeaux’s own tax bill would rise $94,000 over that same period, she said. “I don’t think this has been brought and discussed with the public enough for us to put it on the ballot. I don’t believe it has been put out to the public effectively so everybody understands what this is actually going to do to their pocket book”, she said. “In this economy, with the property values increasing annually you’re going to do this to your home owners,” she said. “You’re going to kill your businesses. Nobody is going to pay a tax rate like that to come here. They’re going to go to Lytle. They’re going to go to any other city but Devine, Texas, at a $1.50.” The only way to offset rising property taxes is to increase sales tax revenue, Berdeaux said. “You are not going to get a business in here at $1.50. Poteet almost died at $1.10,” she said. “They’re still at $1.02. Over 10 years they’ve been over a $1. So explain to the public what you’re doing to them. Because it isn’t just one tax rate. What’s going to happen with the school and the county and everybody else.” “You can shake your head no, but that’s a dollar amount for every citizen in this city and you are going to cause an increase in your delinquency rate, cause an increase in foreclosures. People are going to move and you aren’t going to be able to pay for this because there won’t be a tax base. You are going to kill it, dead in the water,” she said. “Put that out to your property owners before they come out to vote”, said Berdeaux. Asked by Thompson to address the $1 cap concern, Mark McLiney of SAMCO Capital Markets said that “some of the facts (Berdeaux) discussed were accurate.” The maximum tax rate for a city the size of Devine is $1.50 per $100 valuation.
“Now there are lots of different ways to get there,” McLiney said. “On debt, the max that the attorney general will allow on debt is $1” If the city council authorizes the bond issue the total debt rate for the city’s existing bonds and the proposed new ones would be roughly $.44 cents per $100 valuation, depending on taxable values and interest rates. The city’s current M&O rate is 39.64 cents and the service debt rating is .091 cents, for a total tax rate of 83 cents per $100 valuation, McLiney said. “I’m not sure where the $1.50 comes from except it is the cap,” he said. At the request of Devine resident Barry Graham, McLiney gave a rundown on how much bond debt is supported by the city’s ad valorem taxes and utility rates. The principal outstanding for the general fund supported by ad valorem taxes is $1.150 million and, from the utility fund, $9.690 million. “That’s how much if you had to pay it off right now that you would have to pay,” McLiney said. “That does not include interest.” Overgrowth of creek downhill a problem Graham joined with other speakers to express concern about the engineering going to the flood improvement project. “Since we’re going to get all this water rolling downhill what’s going to happen when it gets to the bottom,” he said. “You know, it’s got to go somewhere. So if we speed it up at the top of the hill it’s really going to be coming downhill. And Burnt Boot Creek right now is full of trees that are 20 feet tall.” “Technically, phase 1 of this project was completed in the 1970s,,” he said. “Things have changed a lot since then.” Graham asked whether the clearance work is included in the proposed bond issue. “That would be another several million dollars maybe,” Graham said. “After we create our own problem again.” Pichardo said she has heard the same concerns from constituents in her district. “I, as a representative for District 2, cannot guarantee that their houses and homes will not flood because the construction will end at Howell Street,” she said. The creek after Howell Street is full of brush and trees, yet is not included in the drainage bond reconstruction Pichardo which concerns her. Who wanted this on the ballot? Can we afford? Phil Montgomery took the podium to ask who on the council had “championed” the idea of putting the drainage improvement bond issue on the May ballot. Thompson replied that beginning late last year the council began reviewing issues outstanding that the public had asked about. “They were items that were beyond our scope as being able just to do anything,” Thompson said. “The council sitting here should not indebt the city for $15 million. Through a bond election the public themselves are actually able to vote for the item if they want.” Montgomery also told the council he was concerned about how the city keeps track of pending projects and proposals. “I’m not saying we don’t need to do this but can we afford it?” Montgomery said. “Can we take that on as a city and actually grow and prosper because business isn’t going to come here. And people aren’t going to move here when they see the tax rate.” He also said that history “is going to pay out and it’s going to point that lonely finger at you.” “I want to know who put this on the agenda,” Montgomery said. “I know that council approved it or what you call it. Who actually championed this? Who actually did the research? Who, for the lack of a better term, kicked the pig?” Asked by Ritchey what happens when you kick a pig Montgomery replied “it squeals.” Was sufficient time to research before putting on ballot Devine resident Nancy Saathoff asked, “Was every council member given a comprehensive list of items, and given enough time to research them individually, prior to voting on what items to choose from for this bond? Were they given sufficient time to research the various projects under consideration and choose from that list? Ms. Pichardo replied no. Ritchey replied no, and Espinosa shook his head, but she asked him directly and he said no. Only Randall replied that she believed she had been given enough time. “I had stayed on top of a lot of this stuff myself,” Randall said. “We’re we given every teenie-weenie detail – no.” Saathoff asked, “Is there currently any land or property in this plan area that is currently unable to be developed, that will be able to be developed upon completion of this drainage project?” “What about the 40 acres near Colonial Parkway and Libold near the golf course?” asked Pichardo. “No” replied the Mayor Thompson.
$500,000 grant applications In other action, the council approved two applications for a $500,000 Texas community development block grant, one to cover a water improvement project and the other for a sewer improvement project. Only one of the two grants would be granted, if either. The sewer improvement project is a backup in case the water improvement project for a new city well is denied, Thompson said. Council members also voted to approve action authorizing Thompson or Interim City Administrator Dora Rodriguez to sign applications for future grants though the Texas Department of Agriculture TDA Go grant program. Yancey Water Supply easement at Airport The council voted to approve the city staff working on a 10-foot-wide, 17,000-feet long easement for Yancey Water Supply across the north side of the Devine Municipal Airport, in return for providing water service to the airport. Cancelling the Bond Election? Devine call special meeting to discuss The City of Devine in a unusual move called a special live stream meeting on press night, Tuesday, April 4 to discuss and consider cancelling the Bond Election they themselves set for May 6, 2023. The $15 Million Dollar bond that Mayor Cory Thompson and the City Council ordered was for drainage and flood issues but brought up lots of controversy on the haste, tax increase, timing and lack of public input prior to putting it on the ballot at the two public hearings. See story next week for results of this special press night meeting.
Retiring Public Works Director Rob Flores and Pete Sanchez (right), who was chosen as his replacement.
By Anton Riecher The council accepted a retirement letter from public works director Rob Flores after serving the city for 27 years. “I will be humbly retiring from the City of Devine,” Flores said. “It has been a pleasure, honor and privilege to serve the citizens of Devine and the residents of the surrounding area. I have a lucrative business opportunity I couldn’t pass up and I am looking forward to spending time with my grandson.” As his replacement, Pete Sanchez with the Public Works Department was promoted to the top job at the same pay as Flores. Sanchez acceptance was announced following a closed executive session of the council. Fencing Ordinance considered Another draft of recommendations for a fencing ordinance is expected from the city’s Planning and Zoning Commission. An earlier list of recommendations got a cold reception from the council. “If memory serves me, there was a board whose opinion was they needed to tell people how it should be,” Ritchey said. “That leads me to reject a lot of the recommendations made by said board.” The recommendations would ban cattle pens, composite fence material, barb wire and encouraged the city to consider issuing official permits for fencing, including regulating the height of fences. It is still in the works with the planning and zoning commission. This info was just given to the board as informational heads up ahead of the final recommendation yet to come from the commission. $785,280 purchase for 2 generators approved Also approved was a proposal to purchase two diesel generators from Navarro Electric for $785,280, taken from slightly over $1 million set aside in emergency funds. Morales asks to exchange property with city In other action, the council approved allowing the city staff to research a suggested exchange of real estate proposed by businessman Fred Morales. “I have an option I would like to offer the city and I think it would be good for what I’m trying to do on Bluebonnet and helpful to the city at the same time,” Morales said.” He proposed exchanging a section of land he owns that is only 21 feet wide which has an eight-inch water main and a gas line that limits its usefulness. In exchange, the city would give Morales a small piece of city owned property that juts into Morales’ property. City Attorney Cate said he has been unable to find an easement across Morales’ property that allows for the underground lines. “I don’t know how we got our lines in there other than somebody just said ‘Do it,’” Cate said. “It’s worth something to us to leave those lines there and not have to mess with them.” The proposed swap calls for both pieces of property to be assessed at equal value. Morales variance vote 5-0 In other business, the council allowed Morales a variance to place a recreational vehicle on a lot in the 900 block of Zig Zag Avenue while building a home. As it does every year, the council rejected a change submitted by the Public Utility Commission of Texas regarding right-of-way access line rates. “I think one reason the council says no is these changes pass through to the customer,” Cate said. “They’re going to pay one way or another.” Beadle variance vote 4-1 Also proposed on an annual basis, the council approved a variance request made by Zachary Beadle on West Benton Avenue to be allowed to park his trucks on the city street right-of-way. A city ordinance requires that the variance be renewed every year. The council approved the variance with Randall voting against it. Councilwomen disagree about social media posts intentions Repeated bouts of verbal sparring peppered the Devine City Council regular meeting between District 5 Council Member Debbie Randall calling out District 2 Council Member Angela Pichardo’s on-line statements. Pichardo asked Randall why she was afraid and repeatedly harassing her to “exit this position? Maybe you are afraid of the answers to my questions?” “I will continue to ask questions for the people,” Pichardo said. “I am serious about my work for the people.” The regular meeting opened with remarks from Pichardo delivered during the Visitors/Citizens Forum with a five-minute time limit imposed by council rules. “There were a couple of comments that were made at the last meeting pertaining to the hiring of a city manager,” Pichardo said. “We’ve had between 96 and 84 months with only eight of those months our city having an actual certified city manager in place.” Dora Rodriguez stepped into the role of interim city administrator in June 2016 following the termination of former City Administrator Joe Ramos, and then again after John. The statement previously made before council that applicants do not want to apply for the Devine city administrator opening because of controversy on the council “does not apply,” she said. “I really need to see the data on that,” Pichardo said. “There have been quite a number of individuals that are interested in Devine.” Devine needs a city administrator who is “qualified, trained and certified” with one or more years of experience. “We are a small municipality,” Pichardo said. “We’re not San Antonio. And paying a current employee $120,000, so I think we can honor that for a new city administrator.” Rodriguez asked to address the council immediately after Pichardo. However, since she had not filled out the appropriate form to speak at that time the mayor asked her to save her comments for the informational items at the end of the agenda. Randall, who had signed up in advance to speak during the Visitors/Citizens Forum next took the podium. “This morning a post was shared with me that has caused me great concern,” she said. In particular, Randall said she wondered if the statement was in part responsible for a minimal turnout for the Tax Increment Reinvestment Zone No. 2 public meeting that proceeded the council session. Randall took the podium again at the conclusion of the meeting as a point of personal privilege, citing several examples of statements taken from Pichardo’s social media. “In my opinion there is one very significant reason for the lack of interest which is the negative comments on a certain social media page,” Randall said. “Here is a post, quote, we must start applying for grants and have those in charge of our tax money be certified, trained, degreed and, important, ethical, unquote.” Another quote from social media by Randall stated that “having our taxes continuously increase for someone’s little special projects, conflict of interest and the old system ways need to end.” Randall noted that the new city tax rate is its lowest since 1983 and is 31.8 percent less than 20 years ago. She challenged Pichardo to “show corroboration” regarding accusations of special projects. Pichardo’s request for time to reply spelled the second time that Thompson went into a closed door huddle with City Attorney Thomas Cate to sort out details of parliamentary procedure and meeting management. The council woman was allowed to reply to Randall’s charges but only after admonitions from Thompson and District 3 City Council Member David Espinosa. “You can have five minutes as a personal point of privilege but I want to say this before we start,” Thompson said. “Please be aware that everything is being seen. Everything that is being said.” Espinosa reminded the entire council that “we are elected officials.” “Let’s conduct ourselves accordingly,” he said. “Let’s respect each other. We have to set the example for the citizens. The citizens have put us here to respect each other and strive to do better things for them.” Pichardo began by saying that she is a “true believer” in the freedom of speech. Randall had given her “some things to think about.” However, everything stated on Pichardo’s social media is factual, she said. “I think we need to represent our citizens,” Pichardo said. “If I have questions or I have comments to make its not derogatory.” Rodriguez took the podium during the informational items portion of the agenda to respond to Pichardo’s comments earlier. Specifically, the response concerned a text sent by Pichardo inquiring about reported water service breakdowns in her district. Rodriguez told the council that when she is informed by contractors about the necessity of shutting down water to a section of the city she immediately informs everyone possible by email. However, much of the city water system is not adequately mapped and sometimes the number of homes affected by a shutoff is greater than expected. Pichardo replied that when the water service went down in District 2 not everyone received notification. “There were some people that did and some people that didn’t,” she said. “Best practice is to make sure that everyone is covered because I’ve had several people come to me and nobody knows what was going on.” Rodriguez stated that the text from Pichardo referenced the Texas Rangers and the Texas attorney general getting involved in the controversy. Rodriguez said that the notifications to the city council members are not dictated by city ordinance but were a matter of courtesy. “I’m the interim city administrator,” Rodriguez said. “Again, I don’t want it. I want you all to hire somebody.” Audit report Coleman & Horton Company’s CPA Dusty R. Routh explained to the council that the city bookkeeping had gotten a “clean opinion” from the auditor. The review of the audit report and management letter for the city submitted by auditor Coleman & Horton Company, LLP for the year to date ending Sept. 30, 2022 was presented. Total General revenues for the year totaled $4.1 million with total expenditures coming in at $4.094 million. The total general fund showed a decrease of $59,810 for the year. That left the general fund with the ending balance of $2.292 million, Routh said. The water and sewer fund showed $2.7 million in revenue and $2.5 million in expenditures. The water and sewer fund showed $10.6 million outstanding at the start of the year, reduced to $10.2 by the end of the year. Total Debt still on the books: the beginning balance of the fiscal year was $1.8 million and had a balance of $1.4 million outstanding at the end of the fiscal year ($186,000 issued, $523,000 retired). Due this year is $385,000. Total Debt in the Water & Sewer on the books = Beginning year $10.6 million outstanding and $10.2 million balance at fiscal year end. ($511,000 retired/paid out). Current year principal due $520,000. One area of concern for auditors was money on unbudgeted expenditures approved by the council, including $125,000 on the airport and $25,000 for capital outlay. Rodriguez explained that when the council made budget amendments during the year the funds were not in the original budget. “That was one of our comments at the end of the report, to try and work on that going forward,” Routh said. At one point Rodriguez asked Routh to detail the procedures of the audit to deal with issues such as embezzlement. Pichardo took issue with that choice of words. “I don’t think anyone at the table has used that,” she said. “We’re just looking for checks and balances. That’s all. Checks and balances. I think the citizens deserve transparency. We’d like to know where our tax dollars are being spent.” Both Pichardo and District 4 Council Member Josh Ritchey asked if more could be done with future reports to make the information more accessible monthly. “I’m looking for some more digestible data from your end to kind of help inform those decisions,” Ritchey said. “Otherwise, I’m just shooting in the dark. What sounds like a good idea might not be. I don’t want to push decisions if they are not well informed.” On a motion by Ritchey, seconded by Randall, the council approved the report. Also, on a motion by Randall, the council approved a new contract with Coleman & Horton Company, LLP for the fiscal year ending in September 2023. More Social Media approved The council voted to allow emergency management to utilize social media for posting public service announcements. Social media is commonly used by the city library and animal control with not problems, Thompson said. Evans approved A request by Bruce Alexander, superintendent of East Medina County Special Utility District, for the council’s support in electing EMCSUD office manager Lauren Evans to the Texas Rural Water Association was approved. Alexander currently serves as president of TRWA. Traveling Museum A proposal to apply to participate in a joint Smithsonian Institute – Texas Historical Commission program to host a traveling museum visiting small Texas towns was approved. Solar Eclipse October 2023 The council also discussed participating in emergency management preparations being made in anticipation of record crowds expected to observe solar eclipses in 2023 and 2024 from Medina and surrounding counties. “Bandera is bracing for something like 80,000 people,” Thompson said. The eclipses will be the last visible from the United States for nearly 15 years. For complete video coverage of the council session visit the Devine News YouTube channel at youtube/6I_PMT2wWp8.
The City of Devine’s long term debt is now $1,487,418 (governmental activities) plus $10,226,680 (business type activities) equaling = $11.754 million dollars according to the annual audit for fiscal year October 1, 2021- September 31, 2022 as presented on March 21, 2023 at the regular city council meeting. Long term debt of the City consists of various series of general obligation bonds, revenue bonds, and capital leases. General obligations bonds are payable from a levy of ad valorem taxes upon all taxable property within the City and from certain net revenues derived from the operation of the city’s water and sewer system. Revenue bonds are generally payable from pledged revenues generated by the water and sewer fund. Capital leases are payable from revenues generated by the City’ governmental activities and the levy of ad valorem taxes. The debenture agreement for water and sewer bonds requires that funds be available for 1/12th of the principal and 1/6th of the interest requirements of the next fiscal year. Leases: On May 1, 2018, the City entered into a capital lease agreement with John Deere Financial for the purchase of golf course maintenance equipment, which is the security on the lease. Lease payments are paid out of the governmental activities. The lease contains (1) a provision that default on the note occurs when the lessee fails to pay any amounts due on the obligation, (2) lessee becomes insolvent or the subject of bankruptcy, (3 ) lessee fails to obtain insurance on the equipment, (4) equipment is impounded, and (5) lessee fails to produce collateral for inspection within 10 days upon demand. The City leases photocopy and postage machines with agreements having 5-year terms. Payments of $1,407 are made monthly which consist of principal and imputed annual interest of 3.91%. No assets are pledged as collateral for these leases. A summary of right-to-use lease arrangements for the year ended September 30, 2022, is as follows: CWTP Copy Machine Lease, 2020= Original Lease Liability $1,000,000, interest paid this year $1,178. New lease agreement $38,126, Principal paid this year $10,459, Principal Outstanding at 9/30/2022 of $27,667, Principal due within one year $10,745. CTWP Postage Machine Lease, 2021 Original Lease Liability $23,894, interest paid this year $578. New lease agreement $23,894, Principal paid this year $3,361, Principal outstanding at 9/30/22 of $20,533, Principal due within one year $4,544. Total right to use lease liabilities outstanding of $48,200 with $15,289 in principal due this year. Debt/Governmental Activities Payable: 2021 General Certificate of Obligation Combined Tax and Revenue of $1,000,000, outstanding balance of $990,000, with $65,000 due within one year. Series 2020 Tax Note: $475,000 with outstanding balance of $320,000, with $160,000 due within one year. Loan Payable: $135,000, finished paying off and interest of $2,589. Capital Lease Payable: $226, 514, finished paying off and interest of $3,189. Right to Lease Liabilities: $34,548, balance outstanding $25,740, due within one year $9,288. Accrued Vacation and Leave: $151,678 Debt/Business Type Payable: 2019 General Obligation Combined Tax and Revenue, $1Million, interest paid $17,568, balance $780,000, due within a year $105,000. Revenue Bonds: 2013 General Obligation Refunding Bonds: $1.84 Million, interest paid this year $18,005, balance $550,000, and due within one year $175,000. 2018A Revenue Bonds/Utility System: $2.75 Million, interest paid this year $53,280, principal paid this year $70,000, balance $2.475 Million, due within one year $75,000. 2018B Revenue Bonds/Utility system: $6.645 Million, zero interest paid, principal paid this year $115,000, balance of $6.355 Million, due within one year $115,000. Right to Use Liabilities: $27,472, balance $22,460, due within one year $6,001. Accrued Vacation and Leave: $44,220. Total City’s long term debt is $1,487,418 (governmental activities) plus $10,226,680 (business type activities) equaling = $11.754 million dollars. (Above Figures for Long Term Debt and Right To Use Lease Liabilities Payable taken from 2021-2022 Audit presented at the meeting).
City of Devine- Vote at City Hall Vote For or Against Bond Election- $18 Million for drainage and flood control Everyone can vote in the Bond election Everyone can vote in mayoral race. Mayor- Cory Thompson (i) and Butch Cook District 2 and 4 get to vote in their races as well Council Dist.2- Angela Pichardo (i) and Michael Hernandez Dist 4 – Debbie Randall
Devine ISD- Vote at County Building Vote For or Against Proposition A- 31.5 Million for Safety and Renovations of Schools, Band Hall Proposition B- 1.5 Million – for 4 New Tennis Courts
Medina County- Vote at County Building (across from Tractor Supply) Medina County ESD 2 (Devine Fire area)- add 1.25 % to sales tax Medina County ESD 5- (Natalia Fire area) add 1.25% to sales tax Medina County ESD 4- (EMS Devine/Natalia areas – add .50% to sales tax ESD4 overlaps both fire districts (2&5), since EMS can bill for services they are asking for only .25 from each district, so .25+.25= .5% sales tax *Note: 8.25% is the maximum any city or county in Texas can charge for sales tax. Medina County is at 6.75% currently, so that leaves 1.5% open.
Lyle ISD- cancelled election, no contested races City of Lytle- cancelled election- no contested races Natalia City/Schools- no elections LaCoste City- no elections
By Anton Riecher The Lytle City Council voted 4-0 Monday to approve a $771,147 engineering services contract for water system improvements estimated at more than $5.5 million. On a motion by District 5 Alderman Charles Cate, the council voted to hire TRC Engineering for the water improvement project including a 250,000 gallon elevated tank on the town’s south side, a 12-inch water line extending from Interstate 35 to Railroad Street and a new pump for the city’s booster station. Cate questioned whether an even larger elevated tank might be beneficial in the long run. “Coming back in 10 years from now if we have to build another elevated tank it’s probably going to be triple what it is right now,” Cate said. For full video coverage of the meeting visit the Devine News YouTube channel at youtu.be/0b6XaSzAXM0. Craig Bell, representing TRC, said he could prepare estimates on a larger tank for consideration at a future council meeting. The figures presented Monday were already updated from a presentation several years ago. “Costs aren’t going down, you’re right about that,” Bell told the council. Financing for the water improvements is covered under $8.5 million in certificates of obligation approved by the council last year. The elevated tank, to be located in the Rosewood Estates subdivision, will consist of a concrete pedestal supporting a steel bowl. More than 5,800 linear feet of new 12-inch PVC distribution pipe will replace existing six-line pipe as part of the city’s water main loop. “The longer we wait the more it is going to cost,” Cate said. “If we put this off and don’t pull the trigger in the next six months we are looking at spending even more next year.” In other action, on motion of District 4 Alderman Michael Rodriguez the council authorized city staff to move forward with a financial cost evaluation for an amendment to the Lytle Farms subdivision public improvement district calling for a substantial increase to $20 million over the next 30 years. A PID is created under the state’s local government code to provide specific types of improvements or maintenance such as landscaping, sidewalk construction, roads, security, street lighting and water facilities. The Lytle Farms subdivision will consist of nearly 200 homes of which 99 will be duplexes. Also related to Lytle Farms, the council scheduled a workshop for 6:30 p.m. March 21 on establishing a consistent policy on providing street lights. The workshop comes after the council voted 3-2 in February to take no action on a request by Lytle Farms that the city take responsibility for the monthly electricity to power 14 street lights. City Administrator Matthew Dear reported a favorable reception from Texas Department of Transportation officials regarding two sidewalk projects proposed by the city. He said TxDOT is looking for “turnkey projects” without a lot of engineering involved. One project calls for sidewalks along Main Street near the city hall and post office. Dear said TxDOT recommended extending the project even further to reach Somerset Street with a six-foot-wide sidewalk on one side and a 10-foot-wide pathway on the other. That project might well qualify for 100 percent funding by the federal government, TxDOT told Dear. The second sidewalk project would extend from McDonald Street to city hall with pedestrian bridges across Interstate 35. TxDOT objected to the pedestrian bridges, Dear said, and recommended amending the project to eliminate sidewalks already included in the frontage street improvements underway. With regard to the I35 frontage road project, Mayor Ruben Gonzalez said that TxDOT is nearly two weeks behind schedule with the northbound road being opened to two-way traffic still needing curbs and sidewalks. He promised a complete update at the next council meeting. District 3 Alderman David Emery was absent from the Monday night meeting.
By Anton Riecher Charges that voting machines used in Medina County are not properly certified under state regulations is the latest in a series of allegations alleging election irregularities made to county commissioners. Jarrett Woodward, plaintiff in several lawsuits charging voter irregularities in Bexar County, addressed the commissioners March 9 during the public comment portion of the regular session agenda. “The (Texas) secretary of state, in my opinion, has committed fraud upon the county by presenting uncertified voting systems as certified and trying to allow you to use them,” Woodward said. Those speaking during the public comment period are limited to three minutes under the rules. However, Woodward’s time at the podium was extended when others scheduled to speak ceded their time to him. For complete video coverage of the commissioners court session visit the Devine News YouTube channel at youtu.be/i7lxdZE-5ug. Precinct 3 Commissioner David Lynch, presiding over the meeting in the absence of County Judge Keith Lutz, later told the audience that he had been informed that speakers were not allowed to surrender their time to others. “Consider this a freebie,” Lynch said. “It will not happen again.” Woodward said that in Texas voting machines must be certified for use by a “nationally recognized test laboratory” chosen from a list provided by the state. However, he found at least two important items on the certificate for the voting system used in Medina County to be missing or incorrect. The certificate of accreditation is not signed by the chair of the Election Assistance Commission (EAC) as required, Woodward said. Also, the administrative code requires that it must have an expiration date that cannot exceed more than two years, he said. Medina County uses the Hart InterCivic Verity 2.5 voting system. The certificate for that system carries an expiration date of three years, not two. “I’m not up here accusing anyone of any intentional wrong doing,” Woodward said. “I think that the secretary of state is kind of where your focus needs to be going to rectify this.” Woodward said that the courts had found he lacked legal standing to file action in Bexar County regarding these issues. “Because I’m a normal citizen the courts find that I don’t have standing – as a voter – so the whole concept of one person, one vote is great outside of court but it doesn’t work in the courtroom,” Woodward said. Medina County commissioners should be concerned that if the certification question becomes a legal issue in the future ultimate responsibility for whether the system was properly accredited could fall on them, Woodward said. “I think that you guys have a good opportunity in front of you to show the rest of Texas that voter integrity is a top priority in Medina County,” he said. Whitney Riley and Mona Wolters, two of the scheduled speakers who ceded their time to Woodward have made allegations of voting irregularities during previous commissioners court sessions. Riley served as the Republican county election judge and Wolters served as a Republican precinct election judge during the November 2022 general election. Like Riley and Wolters, Woodward urged the commissioners to consider a return to hand-marked, hand counted paper ballots. In response the concerns brought up in recent meetings, the Medina Democratic Chair Sandy Young, wrote to the News: “Just want to make a slight correction to the article on the Commissioners Court meeting about the LATs. It was not only Lupe Torres, the Election Administrator and I, as stated in the article, who worked on finding the errors they made intentionally or otherwise. The Republican Chair, Julie Clark also worked on it with us and it took the 3 of us 14 hours working closely together to identify the errors and make the corrections. Contrary to their assertion that their sabotage proves that the Hart Machines are faulty, because of the cross checking ability we had with the Hart machines newly added paper backup, the LATs actually proved how well they work. Thank you for reporting these things. Hope that it’s helpful.”
SUBDIVISIONS The following three items were approved by the commissioners on motions by Precinct 1 Commissioner Timothy Neuman, seconded by Precinct 2 Commissioner Larry Sittre: Preliminary approval to vacate and replat a tract of the Mi Terra subdivision, unit one, into two tracts each slightly more than five acres. The tracts provide 16.36 feet of frontage on County Road 340 in Precinct 1. Final approval of El Tejano Ranch subdivision consisting of four lots with approval for water and electric service. The subdivision is located in Precinct 1 at the intersection of CR4401 and CR442. Preliminary approval of Freundlicher Bauernhof (Friendly Farm) subdivision in Precinct 1 off FM 2676. The subdivision consists of five lots with the Texas Department of Transportation scheduled of start on entrances soon. On a motion by Precinct 4 Commissioner Daniel Lawler, seconded by Sittre, the commissioners approved action on approval of an exemption to subdivision rules regarding the division of a tract of Nockenut Woods subdivision into two 6.5 acre tracts without street entrances. Lawler explained that the owner wish to use the tracts as a “cushion” between their property and the new subdivision. On a motion by Lynch, seconded by Lawler, the commissioners gave preliminary approval for Canal Verde subdivision, a 32-acre property in Precinct 3 at the intersection of CR672 and CR6712. The proposal involved dividing the property into 11 lots, the smallest of which would be 1.74 acres. On a motion by Lynch, also seconded by Lawler, the commissioners gave preliminary approval for Medina Meadows West subdivision in Precinct 3 at the intersection of CR512 and CR515. The subdivision consists of 13 lots.
FINANCES In a report from County Auditor Eduardo Lopez, Medina County showed a beginning balance of $34.3 million in March with $21.4 million in the general fund. Lopez said the amount was high due to a large amount of tax revenue received in February. By comparison, the February beginning balance was $21.3 million with $13.4 million in the general fund. A report by County Treasurer Debbie Southwell showed the county with $22.7 million in January against $25 million in debt owed. Accounts payable totaled $687,170 and was approved by the commissioners. Also approved was a line-item transfer of $5,400 to purchase uniforms and cover other juvenile youth services expenses.
GRANTS On a recommendation by county officials business management consultant Grantworks was awarded the contract as services provider for the 2023-2024 Texas Department of Agriculture Community Development Block Grant application. To serve as engineering firm for the application, the commissioners chose RESPEC Engineering which scored a 98 in an assessment by a technical committee established by the county. The competing firm scored 89 in the assessment. On a motion by Neuman, seconded by Sittre, the commissioners approved a resolution to submit an application for a 2023-2024 Texas Community Development Block Grant in support of an East Medina County Special Utility District project in the CR5710 area. EMCSUD Superintendent Bruce Alexander said the project was repeat of an application that was previously turned down. “The grant was originally $350,000 but I’ve been told it might go as high as $500,000 to help cover some of the increased cost,” Alexander said. The annual grant application is generally rotated among the various county water systems, he said.
PURCHASE Commissioners approved an equipment and training purchase totaling $51,834 for a miniature X-ray machine to be used by the sheriff’s office for traffic stops. Deputy Chief Gilbert Ramirez said the machine would be used to check for narcotics concealed inside tires or hidden compartments. “It can be done on the roadway instead of taking it to a shop to be disassembled,” Ramirez said. First Assistant County Auditor Rubi Cline said the purchase would be cover from grant funds.
LEASE On a motion by Neuman, seconded by Lynch, a leasing agreement for more than 40 copiers was approved with Toshiba at a monthly cost of $7,319, more than $2,500 less than the nearest bid out of four submitted. Some overlap is expected as the current lease with Xerox is phased out, Cline said. Issues had developed with the Xerox contract, she said, particularly with regard to the sheriff’s office. “They are the office that has to be running 24/4,” she said. “We have to keep them going.”
