City & County Politics – Page 26

Slight name change proposed for Medina County Appraisal District, board considers building new 4,000 sq ft office

Medina County Appraisal District board chairperson Tim Hardt, left, addresses chief appraiser Johnette Dixon, right, during the board session Tuesday night in Hondo.

By Anton Riecher
Could a minor name change help make clearer the distinct role of the appraisal district as a governmental entity separate from Medina County? Such a change is under consideration by the district’s board of directors.
Chief Appraiser Johnette Dixon recommended the directors change the Medina County Appraisal District’s name to Medina Central Appraisal District.
“The longer we are in existence the more people think we are part of the county,” Dixon said.
Video coverage of the entire meeting can be found on the Devine News YouTube channel at youtu.be/MqjSg6L1o_w.
In Texas, appraisal districts are responsible for appraising property for tax purposes for the various taxing units such as cities and school districts within the appraisal district’s jurisdiction. An appraisal district is established in each county and has the same boundaries as the county’s boundaries.
The county and the appraisal district remain separate governmental entities. An appraisal district is a political subdivision of the state governed by a board of directors appointed by the governmental taxing entities in its jurisdiction.
Historically, appraisal districts have had a hard time making that distinction clear to the public, Dixon said.
“Our (district) is probably the worst because we are housed right in the same building with the (county) tax office,” she said. “A lot of people think the tax office is the appraisal district and the appraisal district is the tax office.”
Since being formed in 1979 to standardize the administration of local property taxes, many appraisal districts sought to distinguish themselves from the county government by either dropping the word “county” from their names or adopting the word “central” as a substitute for “county,” Dixon said.
“When I first started working here that was what was on the door,” Dixon said. “It said ‘central appraisal office.’”
Board chairperson Tim Hardt said the same proposal was discussed by the board several years ago. However, that discussion never went forward.
He said he had no objection but wanted a legal opinion on the extent that a formal name change might impact district operations.
“If this were a legal corporation we would be changing all our corporate documents, our IRS number and a lot of things involved with the name,” Hardt said.
No formal motion was made on the proposed change in name.
Also concerning the appraisal district’s future, Dixon reported on her discussion with the city staff in Hondo about acquiring property to build a proposed 4,000-square-foot headquarters building for the appraisal district.
“It’s an item we’ve talked about for two years now,” Hardt said.
Dixon said she had been in touch with Hondo City Manager, Scott Albert, about city owned property zoned for governmental use available near the Southwest Texas Junior College. However, four acres is far more property that the appraisal district needs.
The district had hoped to find property along Castro Street, she said. But that area is zoned industrial and is not available.
Hardt said the district is proposing a metal building on a concrete slab with a brick veneer on the front. It would be built to suit what the district needs rather than “buy something that doesn’t fit,” he said.
What is available to rent is either “too big, too small or too expensive,” Hardt said.
“We don’t need a Taj Mahal like a bank building or something,” he said. “The research we did approximately two years ago (showed that) land cost in buying from the city of Hondo would be the least expensive commercial property we could find.”
Construction cost would be in the range of $100 a square foot for a total of about $450,000, Hardt said.
Nearly two years ago the district had entered into an agreement with the county to purchase the former Hondo office used by the 38th Judicial District of Texas district attorney. However, lengthy litigation over the ownership of the property led the district to reconsider and reject the purchase.
Plans call for the county tax collector’s office, presently housed in the county-owned building shared with the appraisal district, to move to one of two bank buildings in Hondo recently purchased by the county. Dixon said one possibility is to wait the two years until the tax collector moves and then acquire the building from the county.
Hardt restated his proposal to build a new center for appraisal district operations.
“The concept has always been it would be nice to control our own destiny, own our own building and not be tenants,” he said.
He asked the district staff to obtain one to three preliminary proposals from contractors on the costs involved in the estimated 4,000 square foot project.
In other action, the board approved a 10-year contract with Eagleview Pictometry, an aerial imaging company specializing in accurate property measurement data. The annual cost of the contract is roughly $75,000, Dixon told the board.
The company conducts an extensive aerial photography flight every other year. Then, using computer software, the appraisal district is able to determine changes affecting property value, Dixon said.
“We are able to use that to flag properties that we don’t have on the tax roll,” she said. “Because (sometimes) we can’t get on the big ranches. There is a program called Change Finder that compares the two flights … and will tag the account to have an inspection done.”
The previous Eagleview Pictometry contract covered only three years. The 10-year contract locks the company into current prices regardless of future inflation, Dixon said.
Another bi-annual contract agreement decided by the board involved the depository bid for a local bank. Despite soliciting bids from eight banks in Castroville, Devine and Hondo only Castroville State Bank sent a complete formal bid for the district’s account, Dixon said.
Hardt, who sits on the board of directors for the bank, said he would not take a position on the bid other than to chair the meeting. However, the board did reject an incomplete bid from another bank that only submitted a copy of their fee schedule.
“Since they didn’t follow the form that you all would expect them to do it’s made it a little more difficult to compare,” Hardt said.
The district currently holds a certificate of deposit for $260,000, a money market account for approximately $80,000 and funds of more than $300,000 to cover its operating budget, Dixon said.
In a financial report to the board, Dixon reported that all 24 taxing entities within Medina County have paid their portion toward the district’s operations.
“Everything is just sort of finishing up for the year,” Dixon said. “The appraisal review board went over which we knew because we had so many hearings this year. It think that’s the only thing that went over. Everything else is still under budget.”
The appraisal district conducted more than 800 appraisal review hearings this year, she said. Of the 4,600 tax appraisal protests scheduled, only about 40 percent actually appeared for the scheduled hearing, she said.
“That seems to be the state norm,” Dixon said.
As for the results for those who followed through Dixon said appraisal review board did not seem to favor either the district or the property owners unfairly.
“Most of them, if they had any evidence to show the board was sympathetic,” Dixon said. “A lot of them had repairs to be made that we didn’t see.”
Those present were Tim Hardy, chairman; Jody Jacobs, vice chairman; Cindy Segovia, member and Clay Bell, member. Absent were Mamie Navarro, secretary, and Melissa Lutz, tax assessor-collector.
The next appraisal board meeting is 6 p.m. Jan. 10 at the district office in Hondo.

Vote…City of Natalia and Natalia ISD elections early voting continues
City has three, School has two positions up

Voting in both the Natalia ISD and City of Natalia elections will be hosted on the same ballots as the General Election ballot where the county and state races are listed. So voting can be done at any polling location in Medina County.
City of Natalia
City of Natalia has five candidates on the ballot running for three positions: Selica Vera (incumbent), Sam Smith (incumbent), Mike Fernandez (incumbent), and challengers Lorie Crouch and Jolene Talamantez.
Vote for one, two or three on the ballot. These are three at large positions.
Natalia ISD
Natalia ISD has three candidates running for two at large positions this year. They are Danielle Alderete, Gordon Gentry, Sr. (incumbent) and Darin L. Frazier.
Vote for one or two.
Polling locations:
Combined Early Voting will start on Monday, October 24, 2022 and run through November 4, 2022 in Medina County.
You may vote at ANY polling location within Medina County during the election, both early voting and on Election Day, Tuesday, November 8th.
The closest polls are in Devine for early voting at the Medina County Pct. 4 Annex Bldg, 317 Hwy 132 N., Devine across from Tractor Supply.
On Election Day, Tuesday, November 8th from 7am-7pm, you can vote in Natalia at the Natalia First Baptist Church Youth Bldg at 300 Pearson St, Natalia, Texas or in Devine at Medina County Pct. 4 Annex Bldg, 317 Hwy 132 N., or at any polling location in Medina County in Hondo, Castroville, D’Hanis, and even in Mico.
See Medina County election story for further details on times and locations of the General Election which includes the Natalia elections.

Devine condemns 3 hangars for public use;
Unhappy with trash collector,
looking for new City Admin

By Anton Riecher
By a vote of 4-0, the Devine City Council has elected to notify Republic Services of its intention to withdraw from the city’s present agreement for trash collection, citing a lengthy track record of service complaints from the public.
“The citizens are not happy with what you are delivering,” said District 3 council member David Espinosa.
The action by the council came during an Oct. 25 council session at which Republic was negotiating for a new five-year agreement to replace its existing contract in place since the company acquiring previous city trash collector ACI Recycling and Disposal.
The motion by District 5 council member Debbie Randall, seconded by District 1 council member Rufino Vega, instructed city attorney Thomas P. Cate to submit a letter to Republic that it does not intend to renew the existing contract which expires in four years nor continue negotiating a replacement contract.
“I’m done,” Randall said.
However, Cate advised the council that the city remains bound to Republic for the length of the present contract. Part of the negotiations over a new agreement was the city’s request for a no-fault termination clause in case of further disagreements.
That clause was absent from the latest version submitted by Republic. The company’s manager for municipal sales, Donovan Rodriguez, told the council that any such agreement would not be to Republic’s advantage.”
“It’s already been expressed that you would get out of the agreement as soon as you could,” Rodriguez said.
Republic sought to make substantial changes in residential and commercial trash collection, such as requiring the use of separate trash carts on designated dates to pick-up yard waste. Bagged waste would no longer be allowed. Another area of negotiation involved use of temporary or permanent roll-off dumpsters for commercial trash collection.
Republic offered compromise on both areas. However, council members Espinosa and Randall remained unsatisfied, particularly with Republic’s version of a no-fault clause.
“I thought we were talking more of a complete no-fault clause, possibly with a 90- or 120-day window to give everybody notice,” Randall said.
Using calculations prepared by the city staff, Randall said the six-mouth clause proposed by Republic would cost the city a minimum of $410,000 in penalties. Both District 4 council member Josh Ritchey and Mayor Cory Thompson joined Randall in rejecting Republic’s proposal.
“Obviously, four hundred and some odd thousand dollars is an unreasonably high option,” Thompson said.
Rodriguez said that Republic, in vying for the replacement contract, had offered considerable concessions to the city just to gain a single year’s extension. He also said that Republic has not heard the complaints claimed by the council members.
“I’ve heard great things from the residents,” Rodriguez said. “We’ve delivered over 80 coloring books with the last few months to the kids that come by.”
However, he told Espinosa that he has prepared responses to the complaints that the council member cited.
“I can get those to you because they weren’t all accurate,” Rodriguez said.
Espinosa said that regarding the city’s relationship with Republic “the damage has been done.”
“It’s time to move forward,” he said. “I’m sorry to say that, but that’s just where I’m at with this thing.”
Randall said that while the service offered by Republic might see short term improvement nothing would prevent a return to what residents had previously experienced.
“Even if we went with the (new) contract, even if we thought this was the most marvelous contract, the company’s history doesn’t reflect that it’s going to get any better,” Randall said. “You don’t have a good track history with us. It might get better for a month, but it’s just going to go back to what it was (before) with six pages of complaints for one week.”
District 2 council member Angela Pichardo was absent from the meeting.
NEW INTERNET TOWER
By motion of Espinosa, seconded by Vega, the council approved a request from Sego Internet of La Coste to install a 100-foot Internet communications tower inside the city limits.
Rodney Hitzfelder, president of Sego, said his visit to the council was courtesy to the city to determine in advance any impediments to placement of the tower.
“Two years ago myself and some friends had bad Internet and we got tired of what we had,” he said. “We started our own company.”
Sago Internet and R Networks of D’Hanis have been designated by the Medina County Commissioners Court to receive $700,000 each from an initial $5 million grant for the county through the American Rescue Plan Act, a $1.9 trillion economic stimulus bill passed by Congress in 2021.
To date, Sego has erected seven towers and accommodates 130 Internet customers in Medina County towns and much of the rural area, Hitzfelder said.
For full video coverage of the council session visit the Devine New YouTube page at youtu.be/2gdzb53gZS0.
CHICKENS
In a 2-1 vote, the council approved the drafting of a potential ordinance governing the raising of chickens within the city limits. City ordinances presently permit the raising of as many as 50 chickens per acre of land, Mayor Thompson said.
The motion by Espinosa calls for a draft ordinance that would allow the city to make a decision on a case-by-case basis. Vega joined Espinosa in approving the motion. However, Randall said her constituency flatly rejected the idea.
“We know there are chickens in district five,” Randall said. “They don’t want the farm issue.”
Ritchey abstained from the vote since he made the original request for an amendment to chapter 14 of the animal ordinance regarding fowl with the intention of raising chickens on his own property. A presentation in favor of such an operation was made at Ritchey’s request by poultry farmer Steve Smith, who lives outside the city limits.
“We raise them different from what most folks understand from conventional poultry for eggs and meat,” Smith said.
His operation involves raising the chickens outdoors rather than “jammed into a small coop,” he said. The birds are moved regularly to benefit soil health and reduce any odor.
“These are meat birds specifically,” Smith said. “No roosters.”
Several others spoke in favor of the proposal. However, Devine resident Kathy Lawler said she would worry about poultry operators who were not as conscientious as Smith.
“What if we have 15 people who don’t take care of their chickens and they do smell and do make a mess?” Lawler said.
AIRPORT
Following a public hearing at which no audience members offered comment, the council voted to condemn hangars 8, 8A and 10 at the Devine Municipal Airport by means of eminent domain.
The formal motion adopted by the council refers to the action as an acquisition of property interest in the hangars for “the Public Use of Designing, Developing, Constructing, Enlarging, Extending and Improving the Devine Municipal Airport.”
More than 27,715 square feet of hangar space at the airport was involved in the action..
Before the vote a brief closed executive session was called to brief Ritchey who was unfamiliar with the situation behind the condemnation. City Attorney Thomas P. Cate told the council in open session that the action involved possible litigation.

GOLF COURSE
On a motion by Randall, the council voted to approve $6,593 for the Devine Golf Group LLC as the city’s share of repairs to the water well and pump system at the golf course.
Jay Dishman with the management group told the council that invoice for the well repairs were obtained in August. However, since then a fire broke out in an electrical box connected to one water well near the clubhouse and has had to be added to the repair estimate.
“We paid for them already so we are just looking for what we had in our contract about splitting some of those costs out there at the golf course,” Dishman said.
He also addressed the the general condition of the water system at the course.
“We have a situation right now where we have one of our water wells down on thirteen,” he said. “We are in the process where we have already had an estimate for (that) repair.”
However, the course will not be presenting the cost to the city until another two estimates are obtained, Dishman said.
“As far as the water well system we have out there they are outdated and inefficient,” he said. “They use a lot of energy to (the point) where our jockey system that supplies the big pump (is down). To repair that we are looking at another $5,000 to $8,000.”
He warned against continuing to apply “band-aids” to these problems.
“This has been going on for a good while,” Dishman said. “The last management company that had it put $50,000 into it in two years.”
In other golf course news, the council tabled a proposal to leave a portable building east of the clubhouse in place to serve as office and storage space for the golf course restaurant. The measure was tabled until prices for the project could be obtained.
REAL ESTATE
On a motion by Ritchey, seconded by Randall, the council voted to sell by public auction a lot in the Bain addition. A minimum bid of $24,000 was set for the sale.
The council also approved a subdivision plat for extension to the AEP electrical substation in Devine.
Under zoning, the council approved a variance request submitted for a lot requirement of a minimum 9,000 square feet and a side setback request at 217 S. Bright. A variance was also approved for a five-foot setback requirement at 508 Mockingbird Lane.
The council also approved permission for the Garden Club to move forward with a layout for sprinklers to irrigate near the Four Corners intersection in downtown Devine. Council members also approved a decision to remove two large trees blocking the alley between Mockingbird and Hickory Highway.
CITY ADMINISTRATOR
On a motion by Randall, seconded by Ritchey, the council voted to advertise in professional publications for a new city administrator. The city is seeking candidates with five years’ experience as a city manager or administrator who also hold a bachelor’s degree and degrees in public administration, management or business.
Initially Randall and Ritchey disagreed about the amount of experience required with Ritchey wanting candidates from “outside the box” Thompson and Espinosa joined Randall in insisting on candidates with ample experience.
With a less experienced administrator, current interim administrator Dora Rodriguez “would have to stay on as a go-to person a lot longer than she hoped to,” Thompson said.

“In God We Trust” signs to go to all school districts countywide

Last Wednesday, October 12th, Mr. Bob Oberlender, a member of the Medina County GOP Executive Committee and Natalia resident, donated four posters displaying the National Motto, “In God We Trust” to Superintendent Harry Piles of the Natalia Independent School District. Each campus of the NAISD received a sign. This donation of the signs is encouraged by Texas Senate Bill 797, signed by the Governor last year, which directed schools to publicly display such donated signs. The National Motto display is to remind students of the founding of our nation and our dependence on divine guidance. Other schools in the county are also receiving such signs.

By Anton Riecher
Medina County Commissioners addressed a variety of topics at the Sept. 13th meeting, including hearing a couple speakers from the Democratic and Republican parties.
Medina County Democratic Party chair Sandy Young warned that those caught stealing or defacing campaign signs for gubernatorial candidate Beto O’Rourke will face “creative punishments” if the vandalism continues, she told county commissioners.
Rather than pursue charges under criminal law as misdemeanor offense, Young said she intends to prosecute those guilty under civil law which permits greater input into what eventual punishment the court levies.
“If we have input into what the civil punishments will be I can assure you that we will be very creative,” Young said.
Having raised five children Young said she was very experienced in devising punishments that fit the crime.
Young reported that large four-by-six foot signs for the O’Rourke campaign have been stolen or vandalized on at least 10 different occasions recently. At one location on Highway 90 in mid Hondo the sign was up less than eight hours.
“That sign has been vandalized three times,” Young said. “They have painted over it and changed ‘Beto’ to ‘ghetto,’ which is racist.”
Other times the offenders have been brazen enough to simply steal the signs and then use the stakes driven to post signs for their own candidates, she said. In response, Young said that cameras have been placed to record any further vandalism.
“It is a misdemeanor if it is charged as a crime,” Young said. “They will get a ticket and a slap on the hand.”
“I also want to say that it’s funny that they are only doing it to the Beto signs, which tells me they are really nervous,” Young said.
She also said she was just as willing to deal harshly with any Democratic candidates linked to the destruction of campaign signs.
“It is unethical, it’s theft and it’s a crime no matter how you cut it,” Young said. “
Also addressing the court during the public comments portion of the agenda, Robert Oberlender of Natalia, liaison for the Medina County Republican Party to area schools, presented the commissioners with an early prototype of a sign to be provided by the GOP to local campuses.
“The county Republican party is providing signs to every school campus in the county with the national motto of ‘In God We Trust,’” Oberlender said. “If the school received a donation of those signs state law now says they should publicly display them.”
He said the prototype presented to the commissioners was one drafted during the process of developing a “legally approved sign” in compliance with what the state law allows.
Oberlender also told commissioners he wanted to thank them for providing additional school resource officers to protect area schools in the wake of the Uvalde school shootings in May.
“I’ve talked to a couple of the superintendents,” he said. “We’ve got big problems. But that’s for a later discussion.”
COUNTY FINANCES
In other action, the commissioners approved accounts payable totaling $574.164 as reported by County Treasurer Debbie Southwell. The commissioners also approved payment of utilities totaling $61,873.
“Everybody needs to keep the air conditioner at 85 degrees,” County Judge Chris Schuchart said.
Total combined funds ending in August was $29.3 million with total debt shown as $26.9 million, Southwell reports.
SUBDIVISIONS
The commissioners approved service plans and assessment plans presented for public improvement districts in Potranco Acres, Potranco Oaks, Potranco Ranch and Potranco Gardens. Jay Juarez of McCall, Parkhurst and Horton explained that the original agreements establishing the PID need to be updated annually.
A Public Improvement District is a special district created by a city or county under the authority of Chapter 372 of the Texas Local Code. The statute allows for a city or county to levy a special assessment against properties within the district to pay for improvements to the properties within the District.
Within seven days of the court’s approval of the update orders that include both the service plan and assessment plant is added to the real property record, Juarez said. The plans include the average home value, the number of new homes being built, the assessment rate, the net assessable value, the projected revenue and anticipated costs.
However, Van Johnson, president of the Potranco Ranch Homeowners Association, challenged the home values used to calculate the proposed assessments. The assessments he had studied had home values estimated at $420,000 when the actual value is closer to $700,000, he said.
“The home values make the whole plan they are delivering to you incorrect because the home values are a lot more,” Johnson said.
Schuchart asked Juarez to look into the accessments issue and report back to the commissioners. However, on motion of Precinct 2 Commissioner Larry Sittre, seconded by Precinct 1 Commissioner Timothy Neuman, the court voted unanimously to approve the assessments.
In other subdivision related action, the commissioners approved an extension of the preliminary plat approval for units 14B, 15B, 16B, 18A and 18B in Hunters Ranch and unit 1 in Potranco West Phase II.
Andrew Ortega of MTR Engineers reported that all the homes were presently under construction and scheduled to be finished in six months. On a motion by Neuman, seconded by Sittre, the extension was approved.
Ortega also asked for final approval on units four and six of the Potranco Oaks subdivision located in precinct two off FM 1957. The homes are the last two units of the subdivision and were completed several week earlier.
Commissioners also gave preliminary approval for the Double Five Acres subdivision located in precinct four off FM 2200. Gary Allen of Allen & Associates explained that the owner had purchased a 10-acre tract west of Devine wanting to subdivide it into two five acre tracts for sale.
On motion of Precinct 4 Commissioner Jerry Beck, seconded by Precinct 3 Commissioner David Lynch, the subdivision approval was granted.
The commissioners also granted preliminary approval to subdivide a 4.6 acre tract of Encino Park Estates into three one-acre tracts and one 1.6 acre tract, all fronting on County Road 6723 in precinct 4.
COUNTY IT
Commissioners approved a quote for information technology services to migrate county records from its 26 servers to a secure government platform or “cloud” to improve efficiency. The most immediate impact on county operations will be improved email security.
The migration is expected to be completed next year, Schuchart said.
PUBLIC HEARINGS
Only one local resident was heard from during public hearings on proposed speed limit reductions on CR 265 in precinct one and CR 443 in precincts one and three. The new speed limit on the affected portion of CR 265 is 40 miles per hour,
The new speed limit imposed on CR 443, also known as Cemetery Road, is 35 mph. Neither located previously has a posted speed limit.
Lynch noted that any county road without a specific posted speed limit automatically defaults to 60 mph.
Neuman reported that road work to expand Cemetery Road from 22 to 24 feet wide would resume next week, part of nearly five miles of paving that he expects to complete in the next few days. The county recently completed adding culverts along the Cemetery Road route.
The commissioners also approved the placement of stop signs on CR 381 at Hunters Ranch East in precinct two.
Sittre reported that with the help of his neighboring commissioners nearly 2.25 miles of new paving was completed in precinct two the previous day with plans for another two miles this week.
D’HANIS FLOOD PLAN
Commissioners Lynch told the court that a town hall meeting on Oct. 11 in D’Hanis to discuss a proposed flood mitigation project drew nearly 100 people.
“There was positive feedback from the landowners,” Lynch said.
Earlier this month, Medina County commissioners approved preparation of grant applications worth more than $7 million to finance both a county drainage plant and, in D’Hanis, a flood mitigation plan.
The D’Hanis meeting included a presentation by Westwood Professional Services, the company retained by the county to draft the application. There was also a tour of property that would be affected by the flood mitigation plan.
BUILDING DISPUTE
Schuchart informed the commissioners that Uvalde County district attorney Christina Mitchell Busbee has chosen to challenge the Fourth Court of Appeals decision in favor of Medina County and others regarding the former office of the 38th Judicial District attorney.
“We keep winning and she has now appealed it to the Supreme Court,” Schuchart said. “We hope that the Supreme Court denies writ which will mean it dies and we win.”
Medina County’s right to sell the building to the Medina County Appraisal District was challenged by Busbee, the district attorney now representing the 38th Judicial District after the state authorized Medina County to form its own district.
Despite the win in the Fourth Court of Appeals, the appraisal district opted to back out of the purchase after an 18 month delay.
Commissioners Beck asked Schuchart if Uvalde County was still “onboard” with the ownership challenge.
“Somebody is paying for it,” Schuchart said.
GO MEDINA
Schuchart told commissioners he has instructed that future meeting of the “Go Medina” development board be posted as workshop sessions for the court. The next meeting is 9 a.m., Oct. 25 at the Veterans of Foreign Wars hall in La Coste.

Lytle discusses water woes, votes 3-1 to adopt tax rate

By Anton Riecher
The Lytle City Council voted 3-1 Monday to adopt a proposed 2022-2023 tax rate of $.3643 per $100 valuation to support a $16.7 million city budget for the same period.
Precinct 5 Alderman Charles Cate, a reservist currently deployed to an unspecified location, voted against the tax rate and budget via Internet connection during the meeting. Precinct 1 Alderman Joseph Morrow was absent.
Cate said he was concerned about using money from the recent sale of $8.5 million in certificates of obligation to cover approximately $700,000 in annual debt in the near term. That large of a boost in property taxes revenue in the next four or five years is unlikely, he said.
“My concern is future years,” Cate said. “Where is that increase going to come from?”
City Administrator Matthew Dear said that incremental increases in utility rates will bring them in line with what is paid in surrounding communities and would create some of that income.
However, Cate speculated that further investment in infrastructure would also be needed. The $8.5 million bond sale is largely going to water and sewer improvements.
“As we are aware, these aren’t the last projects the city is going to need,” Cate said.
The $.3643 tax rate is expected to produce a 10.6 percent increase in revenue due to higher property valuations. The rate for the current tax year is $.3905. The new rate proposal was approved on a motion by Precinct 3 Alderman David Emery seconded by Precinct 2 Alderman Sam Cortez.
A call for speakers at a public hearing on the proposed 2022-2023 city budget of $16.6 million drew no response from the audience for the council meeting. The meeting was closed after one minute.
Another public hearing on the budget will be held at 6:30 p.m. Oct. 11 before final approval, Mayor Ruben Gonzalez said.
BOIL NOTICE
Lytle public works director James McGrath gave the council a detailed report on a water outage Sept. 18 that resulted in a notice to boil all drinking water through Sept. 20.
The initial problem that led to the breakdown was a contractor who broke a three-inch water line, he said. One day prior to the break, public works was called to the scene to locate several lines in the area.
“It was hard to locate,” McGrath said. “We located one line by about 5 p.m. and promised to locate the other first thing in the morning.”
Unfortunately, the contractor arrived at the work site before the public works department returned.
“He told his crew to lay one more joint of pipe and busted a three-inch,” McGrath said. “We lost water pressure.”
However, in the course of making the repair to the three-inch line, a 12-inch valve “broke loose” several miles upstream. Replacing it and another valve required draining the water system, so work was scheduled for late Sunday evening.
“We turned off the water at 10 o’clock,” McGrath said. “There was no water above ground in any of the overhead storage tanks. Anyway, you wouldn’t believe it but it took until 3 o’clock before the water stopped draining at the creek.”
The crew got the two 12-inch valves installed and repaired the broken three-inch line before daylight, he said. But rescinding the boil notice required the approval of the Texas Department of Environmental Quality.
“We couldn’t get an answer until about 10:30 a.m.,” McGrath said. “They told us where to take our samples. We got them into town about noon.”
It was 11 a.m. the next day, Sept. 20, before TDEQ gave permission to rescind the boil notice.
City officials were forced to post a notice requiring residents to boil their tap water. Water in the area was still safe to shower and clean with according to the issued release, but residents in Lytle could not use the water for consumption.
“To ensure destruction of all harmful bacteria and other microbes, water for drinking, cooking, and ice making should be boiled and cooled prior to use for drinking water or human consumption purposes,” the release added. “The water should be brought to a vigorous rolling boil and then boiled for two minutes.”
SIDEWALKS
On a motion by Emery, seconded by Cortez, the council approved a $440,000 advance funding agreement with the Texas Department of Transportation to build more than 11,000 linear feet of sidewalk near local schools.
The project involves 1,600 linear feet of 6-foot-wide sidewalk on both sides of Prairie Street from Cottage Street to Laredo Street, including the front of the primary school. On Cottage Street, the project covers 2,650 linear feet of sidewalk on both sides of the roadway from FM2790 to Prairie Street.
On FM2790, 2,200 linear feet of 12-foot-wide shared path will be built on the west side of the roadway from Blume Drive to Lytle High School. Also included is 1,200 linear feet of six-foot-wide sidewalk on the east side of the roadway from Cottage to Laredo.
Seventy-five linear feet of sidewalk from the southeast corner of FM 2790 and Laredo to directly connect with Lytle Elementary is also included in the project. The project also covers assorted detectable warning surfaces, crosswalks and signage, city administrator Matthew Dear told the council.
“It’s going to give our kids someplace to walk safely on either side of that road (Cottage Street),” Dear said. “It’s quite scary already with kids walking in a bar ditch with the drainage and mud. Or you get up on the roadway and take a chance on getting hit.”
Cortez said he considered the project a necessity “especially right there when it rains pretty hard and gets flooded.”
The TxDOT Transportation Alternatives Set-Aside Program provides funding for a variety of alternative transportation projects. TxDOT’s Public Transportation Division administers TASA funding for population areas of 200,000 or less.
Funds for the project will come from the sale of $8.5 million in certificates of obligation approved by the council earlier this month, the majority of which will be used to finance water and sewer improvements.
BRUSH PICKUP
On a motion by Cortez, seconded by Emery, the council approved an annual contract for municipal brush pickup. Hector Barrera & Son, the company currently handling brush pickup, was the only bidder, asking for $5,225 per month.
FIRE DEPARTMENT
On a motion by Emery, seconded by Precinct 4 Alderman Michael Rodriguez, the council approved a $1,000 a month increase in the amount it pays the non-profit Lytle Volunteer Fire Department to provide fire protection for the city.
Dear said the added money will allow the department to increase its budget for paid personnel.
“The department went from two paid personnel 24 hours a day, seven days a week, to three paid personnel 24/7,” Dear said.
The department also received an increase from the other entities it contracts with – Medina County Emergency Service District No. 5, Atascosa County ESD No. 1 and Bexar County ESD No. 5.
LAKESHORE ESTATES
In the wake of complaints about the potential for flooding in the Lakeshore Estates development, Dear recommended that the council have an engineer review the entire drainage situation and come up with an overall fix.
“The problem is if we throw a band-aid on one thing what is the effect on others downstream,” Dear said.

Devine negotiating with trash collector, tensions over contract and service

Tony Gawlik, left, and Donovan Rodriguez, also standing, of Republic Services address the Devine City Council on Sept. 20 regarding a five-year extension of the company’s contract to collect solid waste locally. Seated from left to right is Denise Duff, city accountant, Dora Rodriguez, interim city administrator and city attorney Tom Cate. Photo by Anton Riecher

By Anton Riecher
Tension between the Devine City Council and trash collector Republic Services became obvious during a Sept. 20 council meeting to discuss a five-year renewal of the company’s contract.
At one point, Terry Gawlik, municipal sales manager for Republic, complained that it was difficult to maintain an “open dialogue” with city staff.
“I will tell you this, I’ve never had this experience before,” Gawlik said. “We do the best we can. We want to do the right thing.”
Complete video coverage of the meeting is available on the Devine News’ YouTube page at youtu.be/HxJhQUTGUpk.
Interim city administrator Dora Rodriguez said the city is restricting direct communication with Republic representatives unless City Attorney Tom Cate or the city council is present. That decision came after a recent letter sent to the city by a Republic attorney, she said.
No action was taken on the Republic proposal after the Sept. 20 discussion due to the many changes requested by council members, Mayor Cory Thompson said.
Republic Services took over the contract for the collection of residential refuse and recycling when it acquired Central Texas solid waste company ACI Recycling and Disposal. The new contract being offered by Republic involves substantial changes regarding residential and commercial trash collection.
One area of contention is that the new contract no longer allows for the collection of bags filled with yard waste. Instead, residential customers will be required to use a separate trash cart for yard waste with pickup limited to four times a year.
“People aren’t going to do that,” council member Debbie Randall said. “It’s going to sit out on the curb until your brush pickup.”
Gawlik said the transition away from yard bags is chiefly a safety measure.
“I know right now there is a labor shortage,” he said. “It’s hard to get people to help. But now you’ve got yard waste and you’re bending and twisting.”
Gawlik said most waste collectors are moving to this system. The benefit to the city is the rate for the extra yard waste cart has been steeply reduced. Those cost savings were challenged by Randall.
“We’re asking (residents) to raise their bill $5, $8 or $12 for the same service they’ve been getting until this new contract,” she said.
Standard brush pickup is going to quadruple because people will not pay to add the yard waste cart, she said.
“They are going to put it out there and they’re not going to care that it’s over your yard waste limit,” Randall said.
Another bone of contention was the length of time necessary for commercial customers to obtain either a temporary or permanent roll-off dumpster for trash collection. Council member Josh Ritchey said it took his business nearly two months to get a bulk trash pickup on at least two occasions.
“One or two weeks wiggle room okay but we can’t have the stuff one or two months because folks are calling code enforcement and making more work,” Ritchey said.
He asked for a guaranteed schedule for bulk pickups and for the delivery of roll-off units.
“I would like some kind of language that if a business owner contacts you more than three times and is unable to get the roll-off delivered within 45 days, within a reasonable time, they can go to a local service,” Ritchey said.
He did thank Republic for removing the fuel surcharge from its latest proposal.
Donovan Rodriguez, Republic’s manager for municipal sales, told the council that the contract extension delivered to the city August 18 included provisions for eliminating the roll-off franchise, billing non-profit organizations and churches at residential rates,
“I’m confident we can come to an agreement on the numbers,” he said.
Council member Angela Pichardo said that could offer the city two main incentives to negotiate – amount and frequency of waste collection.
“What are your solutions?” she asked. “What can you offer us?”
The volume of solid waste is measured in cubic yards. On average, the calculation is three pounds per person per day divided by 175 pounds per yard times seven days per week. That equals three divided by 175 times seven equals 0.120 cubic yards per person each week.
Donovan suggested increasing the allowed yardage to eight yards or more on bulk pickup with increased frequency of pickup and adding a community location where people can use a roll-off to save the cost of scheduling a bulk pickup.
When Gawlik brought up the issue of open dialogue, Cate countered that the city and the company were in the midst of such a dialogue at that moment. Gawlik said that during the work week it was hard to get clear direction from the city via email alone.
“I’d love to buy lunch, say thank you and find out the little details of what you need,” Gawlik said.
However, when Rodriguez asked if the staff was not answering his emails promptly Gawlik said that the city staff was “doing fine.”
Another issue during the discussion was Mayor Thompson’s insistence on a “no-fault” cancellation clause for either side in the new contract.
“No council in the future needs to be tied into any council decisions that are made today,” Thompson said. “This council got tied into decisions made more than a decade ago.”
Ritchey countered that if the contract includes such a cancellation clause “it’s not even a real contract.” However, Randall joined the mayor in support of a cancellation clause.
“The way it reads now we can say we are terminating and we have to wait four years before we can actually terminate,” she said. “We don’t want that anymore.”
Thompson said requiring cause as the basis for any cancellation would mean submitting the matter to a mediator for arbitration. Cate confirmed this when asked for his opinion.
“To be honest with you it can take a long time,” Cate said. “If we get into litigation it can take the time it took to fulfill the contract.”
Dora Rodriguez asked if it was possible to sign a two-year contract rather than five. Donovan Rodriguez said it would require recalculating the rates quoted in the contract.
An invitation by Gawlik for the council to attend a party held by Republic during the Texas Municipal League annual conference Oct. 5 through 7 in San Antonio met with a frosty response.
“Send us the information so we can make an informed decision on that,” Pichardo said.
Also tabled was a request from council member Ritchey to amend the city ordinance governing fowl kept within the city limits. Acting on the advice of Cate, Ritchey limited his remarks during the discussion since it was part of a business proposal that would provide him financial gain.
“I want to run poultry and (put) small houses in my 12-acre field?” Ritchey said.
The current city regulation limits the number of fowl to no more than 10 per residence with no roosters permitted. The ordinance also places strict provisions on such ownership regarding noise and odor nuisance.
Randall, who said from the outset that she would vote against the amendment, noted that “a lot of people have chickens that shouldn’t have them.”
Thompson noted that San Antonio has a blanket ordinance permitting eight chickens per residence. Fowl must be kept at least 100 feet from any dwelling or business.
He suggested tabling the matter until Ritchey can submit something in writing or designate someone to speak for him during the council session.
Cate complimented Ritchey for bringing the question before the council in the manner that he did.
“People are going to call me a lot of things but they’re not going to call me a liar,” Ritchey said.
The council turned down an application by church charity DFMA, represented by Michael Wilkinson, to install a soft drink vending machine at Briscoe Park as a fund raising operation. Although DFMA offered to install electricity to operate the machine, but the council rejected the idea out of concerns about liability and vandalism with all present voting nay.
The council met briefly with the city’s IT consultant, James Evans of Texas Technology, to discuss possible proposals to be made by Dora Rodriguez in a meeting with AT&T regarding cost cutting measures on communications for the city.
During a workshop on the upcoming 2022-2023 budget Rodriguez told the council that bond payments for the city airport have been moved from the general fund into the budget’s debt service. Thompson told the council that the action would help free up more money in the general fund.
Rodriguez said shifting the payments had been approved in advance by the city’s financial consultant.

Public hearing on Medina County tax increase on Thursday, September 22

While the tax rate has gone down some, higher appraisals have skyrocketed, and will bring in substantially more tax revenue.
The proposed tax rate, which is the highest allowed without holding an election will be .4743. Total property tax revenues under this rate will raise $23.7 Million, about 7% or $1.5 million more than the previous fiscal year.
The average taxable value of a home in Medina County increasd from $190K to $215K, an increase of about $25,444 or 13.38% increase.
The local Pct. 4 county commisioner urges residents to voice their opinions.
“You are going to hear how low the Tax Rate is and how it has gone down each year for the past several years. But remember that our Property Appraisals are higher than they have ever been,” said Comissioner Jerry Beck. “Our taxes have never gone down or even leveled off.”

Devine city tax rate cut discussed

By Anton Riecher
The only private citizen to attend the Sept. 8 Devine City Council workshop on the proposed 2022-2023 city budget voiced concern that a suggested cut in the tax rate might leave the city underfunded during financially risky times.
Fred Morales told the council that cutting taxes now might mean steeper increases in the future.
“I know everybody is super concerned about being conservative about how this (tax rate) number is set,” he said. “I just want to make sure everybody was putting a lot of thought into making sure there was going to be enough cash flow to accomplish the needs of the city.”
A complete video of the council session is available on the Devine News YouTube channel at https://www.youtube.com/watch?v=CiO7tQQKBnc.
He also asked if the city had a financial advisor, looking at how to set the tax rate, to which the answer was unclear.
The Devine City Council voted August 30 to set a preliminary 2022-2023 tax rate of $.4913 per $100 valuation, the so-called “split the difference” option midway between the current tax rate of $.5298 and the calculated no-new revenue tax rate of $.4527.
However, the new tax rate, based on a valuation of $274.1 million, depends on the city staff finding at least $200,000 in cuts to its proposed “wish list” budget submitted to the council for consideration.
If approved, the preliminary rate would be the lowest passed by the council since 1983, Mayor Cory Thompson said.
Thompson told Morales that the feedback the council got at the Aug. 30 meeting indicated that in view of the escalating property valuations issued by the county this year, a rate cut was in order.
“The feedback I’m getting is people are upset,” Thompson said. “Not just with us but the valuations from the county. They are just upset with all of it.”
Morales said that reading of public sentiment was “absolutely correct.”
“I can attest to that,” he said. But once the tax rate is cut increasing it to meet unforeseen future needs might become that much harder for the council,” Morales said.
“The reason I’m asking is I’m just concerned about how that fits in with the city’s needs and how you feel things are going to be moving forward,” he said.
A final decision on the tax rate remains pending.
“Everybody is having to make due with less,” Thompson said. Council voted to approve a public hearing to further discuss the budget scheduled for 6 p.m. Sept 20 at the city council chambers at city hall.

Lytle approves
$8.5 million bond sale to finance water, sewer improvement

Andrew Friedman, representing SAMCO Capital Markets, reviews the details of an $8.5 million bond sale to finance water and sewer improvements with the Lytle City Council during their Monday (Sept. 12) meeting.

By Anton Riecher
The Lytle City Council voted unanimously Monday to approve the sale of $8.5 million in certificates of obligation, the majority of which will be used to finance water and sewer improvements.
On a motion by District 3 Alderman David Emery, seconded by District 2 Alderman Sam Cortez, the council voted to sell the certificates amortized over 20 years at a 3.94 percent interest rate. The sale closes on Sept. 28.
To see full video of the latest Lytle City Council session visit the Devine News channel on YouTube at youtube.com/channel/UC5NvVUNwMPeR-VVmLSKY-Ng.
Andrew Friedman, representing SAMCO Capital Markets, the city’s financial advisor, told the aldermen that the sale required establishing a credit rating for the city.
“We went through a rating process with Standard and Poor’s,” Friedman said. “They look at not only audited financials but also want to get a sense of who Lytle, Texas, is on top of what you can read on paper.”
As a result, the city attained a strong AA- credit rating, the highest rating possible is AAA, followed by AA+, AA and AA-, Friedman said.
“When you drop below that you have to go out to pay for municipal bond insurance,” Friedman said. “We were able to avoid that.”
City Administrator Matt Dear told the council that $6.1 million of the certificate sale will go toward water system improvements, including building a water tower to feed a new looped water system. The certificates will also finance a $1.4 million sewer plant project.
Aside from utilities, $1 million will be designated for streets and sidewalks, Dear said.
A portion of the debt will be paid from the interest and sinking (I&S) portion of the city tax rate, Friedman said. However, the $7.5 million going to water and sewer improvements will be repaid from revenues generated by the city’s utility system rates.
Emery questioned Friedman about whether the debt could be refinanced if interest rates improve in the future. Friedman replied that the current rates would be “locked in” until February 2031 when the certificates can either be purchased from the investors using cash or the interest rates can be renegotiated.
In other business, the council voted to table action on proposals to address traffic issues on Lytle-Somerset Street, including the use of speed humps to slow vehicles. Dear informed the council that state law requires an official study by a traffic engineer.
Without state sanction, anyone who damages their vehicle going over a speed hump could potentially have a legal claim against the city, Dear said. In 2021, a plan calling for six speed humps and appropriate signage was estimated to cost at least $10,000, he said.
With inflation, that price is now calculated to be at least $15,500, Dear said.
A motion by District 4 Alderman Michael Rodriguez to table the matter until public sentiment about adding speed humps passed 4-1. District 5 Alderman Charles Cate, a reservist presently serving overseas, monitored the meeting by internet and voted against tabling the action.
Lake Shore Estates resident Trace Joyce once again addressed the council regarding flooding in the subdivision. Joyce reported that his home flooded in 2010 and has been threatened by rising water several times since.
Dear said he has filed a request for quotes from engineering firms in hopes to negotiate a price for the project. It is also under legal review, he said.
“Realistically, this project will probably take a year or two,” Dear said. Resolving drainage issues that stretch back to the beginning of the subdivision is not going to be cheap either.
Joyce asked if the city might have legal recourse against the engineering firm that developed the initial drainage plan for the subdivision.
Action on the item was tabled pending further research into the exact cause of the flooding.
On a motion by Emery, seconded by Rodriguez, the council voted to enter into an amended and restated solid waste contract with Waste Management, Inc., a waste and environmental services company.
Also on a motion by Emery, seconded by Cortez, the council voted to enter into a one-year extension of the CPS Energy gas systems contract.

Lytle increases rates
At the September 12 meeting, the City of Lytle voted to increase water/sewer rates. See details in public notice on page 13 this week.

Medina County approves Anti-illegal immigration “resolution” with altered wording,
continues to draw opposition from proponents of original document declaring “invasion”

Medina County Judge Chris Schuchart addresses supporters of a proposed anti-illegal immigration declaration during the commissioner’s regular session on Aug 25.

By Anton Riecher
The Medina County Commissioners Court voted unanimously Aug. 25 to approve a resolution in support of Texas governor Greg Abbott continuing opposition to illegal immigration across the state’s border with Mexico.
“Now therefore be it resolved that the Medina County Commissioners Court recognizes the failure of the federal government to perform its duties and supports Governor Abbott’s actions to attempt to Secure the Texas Border,” the resolution states.
Timothy Neuman, precinct 1 commissioner, made the motion to approve the resolution, seconded by Larry Sittre, precinct 2 commissioner.
However, County Judge Chris Schuchart stood firm in his opposition to the legal wording of a “declaration of invasion” supported by other Texas counties and elected officials that cites the U.S. Constitution as granting states the power to expel migrants crossing the border in the event of invasion.
Schuchart, who made his opposition clear at the commissioners’ Aug. 11 meeting, restated his position to supporters of the original “declaration” version of the anti-illegal immigration document.
“The document that you want us to pass is flawed,” Schuchart said. “It basically doesn’t follow the law. It cites five different footnotes that I can only confirm one of them to be fact.”
At the root of the impasse is the definition of the word “invasion” as accepted by U.S. Courts.

Mona Walters addresses the Medina County Commissioners Court Aug 25 voicing her opposition

“The Supreme Court has never overruled three federal appellate courts who say an invasion is not illegal immigrants coming across,” Schuchart said. “We all agree we have a huge problem but it doesn’t fit the definition of an invasion.”
Abbott, himself a former attorney general of the state, has taken no formal action on the declarations.
Schuchart, a retired attorney, also took issue with the proclaiming the document a declaration rather than a resolution. Of the 18 counties that have taken a position on the “invasion” issue, six have chosen to pass resolutions rather than declarations.
“There is a difference between a declaration of invasion and a resolution,” he said. “We will pass a resolution.”
Speaking in support of the original “declaration,” Hank Seay of La Coste said the present immigration situation “definitely fits my definition of an invasion.” To call it anything else amounted to “playing semantics.”
“I understand that politics always seems to get in the way and muddy the waters,” Seay said. “I believe that’s exactly what has happened here.”
Robert Oberlender of Natalia and David Logan also spoke in support of the “invasion” declaration.
“I think it’s an invasion regardless of the terminology and the definition of the word,” Logan said.
Mona Walters, another declaration supporter, inferred that refusal to back the original language amounted to an attack on Medina County Republican Party chairperson Julie Clark who spoke in favor of the declaration at the Aug. 11 meeting.
“Members of our Republican party who support Julie Clark have become alarmed,” Walters said. “Several have called and told me that threats have been made against Julie and her husband.”
Schuchart said he and the commissioners were on the same side as the declaration supporters on the anti-illegal immigration issue.
“We are all Republicans,” Schuchart said. “Everybody sitting (on the commissioners’ court) is a Republican. But for some reason the tactics that are being used against us are astonishing to me…”
Passage of an anti-illegal immigration resolution will not save citizens threatened by crime in the county, he said.
“That man over there (pointing to Sheriff Randy Brown) and his staff will save citizens,” Schuchart said.
To aid in that effort, the commissioners have added six new deputies to the sheriff’s office, plus three more school reserve officers (in Medina Valley ISD schools) who, during the summer, become part of the sheriff’s staff, Schuchart said. The county is also buying the sheriff 14 more emergency vehicles.
“We are spending money to protect the citizens,” Schuchart said.
You can watch our video coverage of the meeting at:
https://youtu.be/vHNS1kR4nKo