Category: City & County Politics

In regards to an article titled “Water violations for City of Devine cite ‘failure to test,’” we have learned new information.
The violations applying to the LC Martin well have been “rejected” since the TECQ has learned the well has been offline since the last big snowstorm in Devine.
The following is a response from TECQ after another inquiry: “As of July 10, 2023, and based on the Texas Commission on Environmental Quality’s Water Supply Division compliance data, the City is in compliance with the Revised Total Coliform Rule, Groundwater Rule, the Lead and Copper Rule, and all primary and secondary chemical drinking water standards. The City received two monitoring and reporting violations for failure to monitor nitrate and volatile organic compound samples at one entry point during calendar year 2022.
“Upon further review, the applicable entry point was inactivated as the plant was offline and the associated monitoring and reporting violations were rejected. The City’s three other active entry points were monitored during calendar year 2022 and sample results were reported as required.
 “The City received a violation for failure to conduct triggered source monitoring under the Groundwater Rule during October 2022. This violation was rejected as the corresponding well, associated to the entry point in question, was not online.
“Both the two monitoring and reporting violations and the triggered source monitoring violation were rejected by TCEQ and are no longer valid. The annual consumer confidence report (CCR) requires systems to only include valid violations for notification to customers. Rejected violations are not required to be included in the annual CCR.”

By Anton Riecher
The Devine City Council voted unanimously on June 20th to allow SAGO Internet to place an antenna on the Devine Ingram water town near the golf course. The motion by Ritchey, seconded by Vega, calls for a $200 a month charge during the four-year contract.
Company owner Rodney Hitzfelder told the council that SAGO is a three-year old Internet service provider that benefited from a $700,000 grant issued through the county to expand available local Internet to national standards.
“Since then we’ve gotten eight towers up,” he said. “We’re growing very rapidly. A lot of our requests are in Devine, Natalia and Lytle.”
In the Devine area, SAGO already operates a monopole tower on Rossville Road, he said. However, because the system he offers requires line-of-sight between the tower and the client “we found a bit of an issue getting from our 100-foot tower to the other side of town.”
Hitzfelder assured the council that the five gigahertz (5G) bandwidth used by the new water tower antenna will not interfere with police communications or other remote equipment used to monitor the water level in the tower.
Short of a direct lightning strike, the SAGO antenna will not require continuing maintenance, he said. The company does not require routine access to the water tower.
“We don’t generally go to these sites once we get them up and running unless there is some type of issue,” Hitzfelder said.
In other matters, the council did take action to end paid quarantine leave for Devine employees contracting COVID. However, that action was with the exception of law enforcement personnel still under the protection of state law.
The motion by Ritchey was seconded by District 3 Council Member Stacy Pyron and adopted unanimously.
New action was taken on filling the long vacant city administrator position currently occupied by interim city administrator Dora Rodriguez. Following a closed executive session, the council voted unanimously to schedule appointments with city administrator applicants.
Ritchey, who made the motion, said that multiple applications for the opening have been received to date.
Council renews Airport mowing contract $19,200 a year on split vote

By Anton Riecher
The council also approved a contract with Joe Munoz, owner of M C Aircraft Refinishers, for mowing at the Devine Municipal Airport. Councilman Josh Ritchey was the lone opponent to renewing the annual contract which increased to $19,200 per year.
Munoz testified that the 65-acre airport sometimes requires mowing as often as five or six times a month. Of his seven employees, one is dedicated almost full time to mowing.
A monthly $100 increase requested by Munoz is to cover additional area to mow behind Hangar 10. Munoz provides his own equipment, fuel and chemicals for the airport lawn care.
Councilman Josh Ritchey asked if the contract, in place since 2018, had ever been put out for bids to guarantee a competitive rate.
Ritchey made a motion to go out for bids on mowing, but it died for lack of a second.
Debbie Randall made the motion to continue with Munoz, stating that the constant attention required by the airport grass made it impossible for city public works to keep up with, with support from Rufino Vega, Stacy Pyron, and Michael Hernandez with Ritchey voting against the action. Instead Ritchey had suggested amending the agreement to paying for each time mowed.
With regard to Munoz’ previous request in May to lease the 17,500 square-foot Hangar 10 for his business at a monthly rate of between $1,000 and $1,500 Airport Advisory Board chairman Hap Squires suggested to the council that the Texas Department of Transportation be consulted.
“What we are hoping for from them is a look at the whole airport and how best do we utilize it now that the city owns the majority of the hangars,” Squires said.
A meeting with TxDOT’s aviation division is scheduled for July 12, he said.
Mayor Cook made a presentation based on further discussion with the airport advisory board. In a sale finalized March 9 the city purchased Hangar 10, the largest hangar at the airport, for $609,000. By comparison, the purchase of hangars 8 and 8A amounted to only $165,000.
Based on the appraisal that established the sale price, Hangar 10 should be leased at 40 cents per square foot for a return of approximately $7,000 a month to the city, Cook said.
“We have a pretty large investment there and we need to proceed accordingly to get the best return possible for our investment,” Cook said.
He said it might take another month to arrive at a decision on the Munoz offer. No action on the mattter was taken at the council meeting.
Food truck debate
Renewed effort to suspend an ordinance more closely regulating food trucks and other mobile food units in favor of existing state and county statutes proved unsuccessful during the June 20 regular session of the Devine City Council.
A motion by District 4 Council Member Josh Ritchey to repeal the city’s ordinance regulating these food vendors failed for lack of a second.
“I don’t like diverting resources to this when there are two other government agencies that do this,” Ritchey said.
Filling in the background, Mayor Butch Cook said the controversy revolved around a business who has objected to the city requiring him to obtain a permit to sell from a mobile food unit.
Ritchey said the recently enacted city ordinance managed to put city staff “in a tough spot.”
“Now we are essentially requiring extra certifications for our folks to go check ‘Is this safe?’” Ritchey said. “Did we make it clear enough that the state already has requirements? If we didn’t have this ordinance we could simply refer to the state and say ‘Hey, please enforce your policy.’”
District 5 Council Member Debbie Randall countered that all the city ordinance requires is for the vendor to show copies of their state or county health certificates.
“We don’t ask for anything additional to the state or county requirements but we need to see it and make sure it’s good to go,” Randall said. “Otherwise, Mr. Policeman will go and tell them to shut down.”
Interim City Administrator Dora Rodriguez reported that the city currently has nine permits for mobile food units issued. Cook stated that the fee is $10 a day or $50 for a year.
“So it’s a very reasonable fee,” he said.
Jerry Stevens, owner of Charlie’s Daughter restaurant, said the city ordinance provides accountability for people doing business in Devine.
Local restaurants are required to obtain “certain permits, licenses, the things we have to have to be able to run a business and sell to the public,” Stevens said.
“If you have a vendor that comes in that may or may not have the proper permits I would be concerned about what they are selling out of their trailer,” he said. “Maybe it isn’t up to the standard it should be.”
Stevens said that he would support the need for the ordinance even if he did not have food business of his own.
Cook also said the city ordinance is important with regard to sales tax enforcement.
“Without a permit no one would know if they are charging the required tax,” he said.

By Anton Riecher
By a vote of 4-0, the Devine City Council approved an ordinance to freeze property tax rates for residents over the age of 65, mirroring previous measures taken by the county and school district.
“I couldn’t be more in favor of it personally,” Mayor Butch Cook told the audience for the June 20 regular session.
On a motion by District 4 Council Member Josh Ritchey, seconded by District 2 Council Member Michael Hernandez, the council approved the ordinance stating that no Devine property owner will pay more in city property taxes than the year of their 65th birthday.
Effective beginning the 2022 tax year, the tax relief ordinance also applies to permanently disabled citizens unable to work.
District 5 council member Debbie Randall chose to abstain from the vote.
Johnette Dixon, chief appraiser for Medina County, described how the county tax freeze works.
“Whatever they would pay in 2022, anyone who is over 65 right now would pay whatever 2022 taxes were from here on out,” Dixon said. “The rate can come down but can never go above it.”
Former District 4 County Commissioner Jerry Beck spoke in support of the action, saying it meant relief from “skyrocketing appraisals.” Devine resident Bill Montgomery also spoke in support of the ordinance.
“The city isn’t going to be out any major amount of money,” he said. “The value of my property is still going to go up.”
Mayor Cook initially wanted to table the ordinance until a draft could be prepared. However, Dixon warned that it would have to be in place before the appraisal district’s tax certification scheduled for July 20. Otherwise, the tax relief would not apply until the 2023 tax year.
City Attorney Thomas Cate recommended proceeding with a vote on the ordinance to assure making the deadline.
Dixon earlier addressed the council regarding the proposed 2024 budget for the Medina County Appraisal District approved by its board of directors.
“Our 2024 preliminary budget proposal is $1,585,200,” Dixon said. “Our final budget last year was $1,559,155, which is an increase of $26,000.”
Part of the increase is the number of protest hearings scheduled by taxpayers, she said. At present, the district has nearly 4,500 protest hearings scheduled, almost 500 more than last year.
For the entire county, the 2023 preliminary taxable value issued by the appraisal district in late April totaled $309.3 million, a $32.3 million increase in value from the previous year. From that increase, the appraisal district generated an additional $159,000 in revenue.
Devine’s pro rata share of that taxable value in 2024 is $22,801, an increase of $963 from 2023
“So, of that $159,000, we are asking for $936 more dollars” from Devine to fund the appraisal district in the coming year, Dixon said.
Ritchey used the opportunity to criticize the appraisal district process.
“From what I understand, the entire appraisal process is very opaque and any disagreement with the board is met with some rather subjective opinions and response. How can we drive through this process more transparency and more objective standards in the appraisal of properties?”
Dixon said the best way to challenge any appraisal is by using comparisons with other property nearby.
“If you can find comps in your neighborhood that’s what we do,” Dixon said. “We first look in the neighborhood. If we find comps we use those. We try to get as close to the subject as possible. From that point, if there aren’t any in that subdivision directly then we can expand out to the school district and we’ll try to find something as much like the property as possible.”
On a motion by Ritchey, seconded by Pyron, the council passed the budget increase for the appraisal district.
Aside from the property tax ordinance, Ritchey placed two other items on the council agenda – consider upgraded software for governmental budgeting and review options to ease bureaucratic challenges to local building contractors. Both items were tabled.
Under software, Ritchey asked the city staff to review a possible transition to ClearGov software designed to streamline the annual budgeting process by improving the collection, creation and communication of their budgets.
The item was tabled because the city is currently taking applications for a new city administrator. Interim City Administrator Dora Rodriguez advised that the applicants may have their own opinion on which software is best for the job.
On Ritchey’s request to make challenges to contractors easier he said that a “multitude” of contractors he has talked to refuse to work in Devine.
“Their explicit feedback is the city is too difficult to work with, requiring a lot of documentation and additional inspections over what they would expect in other places,” Ritchey said.
Mayor Cook also reported similar complaints from contractors he has dealt with. However, Ritchey nor Cook were ready with what Pyron referred to as “concrete examples.”
“We need some concrete examples rather than complaints like ‘I’m just annoyed that I have to fill out this paperwork,” Pyron said.
Rodriguez said the main reason contractors are required to fill out fresh paperwork about themselves for each project is to make sure their required licensing has not expired. It was noted by Randall that the city has not had a code compliance officer for nearly two years.
Ritchey countered that he did not necessarily want to bring immediate action before the council.
“I just want to start a conversation,” he said.

By ANTON RIECHER

Through a combination of election turnovers and a surprise resignation of a long time council member, half of the Devine City Council changed hands May 16 during and after a meeting that also aired details of discrepancies in the voter registration rolls that arose during the May 5th city election.
For Cory Thompson, the May 16th meeting marked the close of his mayoral administration after being unseated 502 to 107 in a landslide victory by Butch Cook.
“First of all I want to thank all of you for an incredible six years,” Thompson said. “Obviously it has been scary. It has been exhilarating. It’s been nauseating. It’s been enlightening. I have learned a lot. It’s definitely had its ups and downs.”
He also said he wished Mayor Cook all the best as he takes over the reins of the city. “This is not an easy job,” Thompson said. “In the past six years I have found the burden of expectations to be much greater than the actual job. I want to wish Mayor Cook safe travels as he navigates the treacherous seas of expectation.”
The May 16th meeting saw the departure of District 2 council member Angela Pichardo after two years in office, defeated in a 47-42 race won by Michael Hernandez.
Also departing, at the end of the meeting after announcing his resignation was District 3 council member David Espinosa, citing reasons of health.
Pichardo, in her closing remarks, said she wanted to thank everyone.
“We worked really hard,” she said. “We accomplished a lot. The overall goal is for the betterment of the citizens of Devine. We fought some hard battles and we won many.”
Espinosa, quoting from a letter of resignation submitted on May 5 (effective May 16), described his decision to step down as a “bittersweet moment.”
“Thank you for all the support throughout the years,” he said. “I am grateful for the opportunity I have been given to represent District 5 by the citizens. I hope I was able to make some contribution to our community. I was honored to be part of the team that made a big difference to our city.”
Espinosa voted and participated in the entire meeting, stepping down at the end.
His recommendation to appoint replacement during the same meeting that his resignation was announced drew concern.
“I greatly respect the work that councilman Espinosa has done for the city,” Mayor Cook said. “He has been a long standing member of the city council and he has a lot to offer. I mean that with all sincerity.”
However, acting immediately to replace Espinosa eliminates any chance that others interested in the job might step forward to be considered, Cook said.
“If we proceed to appoint a replacement for councilman Espinosa this evening, whether recommended by him or anyone else, I think it would be one of the worst things we can do because it constitutes a total lack of transparency.”
Mayor Cook pointed to precedence established when District 5 council member Debbie Randall was appointed and time had been given for others to volunteer for the position and a committee reviewed both candidates. (Randall took Thompson’s seat in District 5 after Thompson was appointed Mayor after the resignation of Mayor Bill Herring in July 2019).
Randall cited another precedence in the appointment of Rufino Vega to replace former District 1 council member David Valdez without notifying the public beforehand.
Hernandez pointed out that Espinosa had run unopposed.
Citizen Frances Navarro spoke up and complimented how respected David Espinosa was and suggested that perhaps no one wanted to run against him out of respect, but that now there might be others interested in the council seat.
Regardless, Randall moved to accept Espinosa’s recommendation to appoint Stacy Pyron, whose name was withheld until late in the discussion.
“My feeling is the person who is stepping down should be able to recommend someone because he was voted in and he wants someone like minded to vote like he has,” Randall said.
With a second by Hernandez, in his first official action after replacing Pichardo, the council voted 4-1 in favor of accepting Espinosa’s recommendation of Stacy Pyron. District 4 council member Josh Ritchey voted against the appointment.
Ritchey’s own motion to conduct a special meeting to allow others interested in the opening to come forward died for the lack of a second.
Upon the decision of the council, Mayor Cook said he would “like it noted that I strongly object. This is not transparency”. He stated that The Devine News is our official newspaper and time should have been given for it to be published and the public notified of the opportunity officially. He noted that a council member’s social media account is not the city’s official account, they are personal.

Prior to the vote, Pyron took the podium after her introduction by Espinosa to introduce herself to the council.
“I graduated Devine High School in 2004 during which time I was also highly involved in the community,” Pyron said. “We used to help out in the summer when the library would have their summer reading program.”
As Fall Festival Queen in 2002, Pyron received a scholarship that she put to use in earning her degree from the University of Texas at San Antonio in speech communications. She has also worked four years in the city library since then.
“My passion in life is really connecting with people,” Pyron said, citing one of the skills that will make her a valuable asset to the council.
Voter list causes election mistakes
Further controversy arose regarding the voter registration card errors that could have impacted the District 2 race. During the official canvass of the May 5th election results, election judge Glenda Allen made a lengthy presentation on issues related to an incorrect voter registration list provided by the county.
“Once we caught it and (Interim City Administrator Dora Rodriguez) caught it right away, thank goodness, she made all the phone calls that she needed to make and then she and Denise spent the next day and a half, maybe two, going through each address and every district for every citizen that we had listed.”
More than 200 mistakes were found in the registration list provided by the county, Allen said. However, only 6 of those errors did directly affect the District 2 council race, which was a very close race with a difference of only 5 votes (Hernandez v Pichardo).
Pichardo said she was contacted by residents who said they were not allowed to vote in District 2.
“So that brought us some concern as to the results of the election, a couple of questionable acts that occurred,” she said. “But, again, we understand or at least I understand you were following protocol and were instructed by individuals.”
Allen said that most of the errors found involved District 3 voters listed in District 5.
“Typically what happens when we come in for our training is if we’re lucky enough people bring in their voter registration,” Allen said. “Most people do not and they don’t have to. They can just bring their driver’s license or a photo ID. We verify that with the voter registration list.”
Usually, if a voter is missing from the list, it indicates that they have recently moved either in the district, city or county, she said. It is then a matter of contacting county officials in Hondo for direction. The voter fills out a statement of residency and is then allowed to vote in their previous district.
“We really do try to be as efficient as possible when it comes to the voting process because we want everybody to vote,” Allen said. “We want it to be a fair election.”
Pichardo said she wanted to make sure that the correct protocol is observed going forward.
“We definitely wish to keep that trustworthiness in the election process for the City of Devine. So with these questionable protocols it has put a red mark on it,” she said.
The council voted 4-1 to accept the canvass of the election with Pichardo opposing the action.
New Zoning Class proposed
In other business no action was taken on a proposal by District 4 council member Josh Ritchey to create a new zoning classification for the community north of Colonial Parkway, so that would be more broadly favorable to small business and residents on the south of Colonial Parkway in our farming community.
He suggested that people who want to have animals for their 4H or FFA projects or raise or grow some food for their family should be able to do so, especially in these economic times. Those who live on Zig Zag and have land to farm should not have to go by the same fence and animals rules as those who live around a golf course he suggested.
“Current policy is postured toward looking like an HOA,” Ritchey said. “We are a rural farming community. Many people moved here for that reason.”
Randall had a different view of the situation saying, “We are not a farming community. We are a City”.
City Attorney Thomas Cate said that the idea would be more properly presented to the planning and zoning commission for consideration.
Sarah Espionsa appointed to Parks & Rec. Board
On a motion by District 1 council member Rufino Vega, seconded by Espinosa, Sarah Espinosa was appointed to serve in the District 1 seat for the parks and recreation advisory board and the emergency management advisory board.
Herring named to Planning and Zoning Comm.
On the nomination of Mayor Cook, Scott Herring was named to the planning and zoning commission to replace the resigning Diane Austin.
Briscoe Park slide replacement $9,537
The council voted 3-2 to approve $9,537 for the purchase and installation of a new playground spiral slide at Briscoe City Park and the removal of the existing one that has had a small crack near the bottom for several years.
Talk about researching other options to allow for something more suitable to attract more than toddlers was mentioned to help encourage the whole family to participate in the outing.
It was mentioned that around $24,000 is in the parks budget currently and that there are two parks, not just the Briscoe Park that has needs, the Curcio Park on the other side of town has needs too.
New $5,500 valve for Devine Drive
Council also approved a budget amendment of $5,500 to allow the installation of an inserter valve on Devine Drive.
Public Works Director Pete Sanchez said the valve is needed to permit workers to shut down water service to the area if needed. The valve is being installed as a “live tap” and will not involve any service disruption.
The new valve would allow for service to be worked on when needed without affecting others parts of the area.
Experience preferred instead of required for City Admin
Following a closed executive session the council voted to change the requirements for the city administrator opening to ask for two to three years of experience “preferred”. It had previously said “required”, and this is an effort to open up the position to more possible candidates. The motion by Randall was seconded by Espinosa.
Sworn in after meeting
Attorney Tom Cate swore in new Parks and Rec board member Sarah Espinosa and new councilwoman Stacy Pyron after the meeting.

The people have let their voices be heard again as Butch Cook victoriously won the City of Devine Mayor race by a landslide vote of 502 to 107, defeating the incumbent Cory Thompson.
It was the largest turnout for the city elections in quite some time. This year 609 residents came out to vote as the campaigns heated up, increasing the voter turnout to 140% compared to two years ago (436).
Butch Cook took the lead during early voting with 348 votes to Cory’s 74. On election day, Cook received 154 to Thompson’s 33.
Back in 2021, a total of 436 people voted in City Elections (with Cory Thompson narrowly defeating Kevin Hicks 229 to 207 in 2021).
“For the last two and a half months I have been knocking on doors, meeting as many people as I can. From past experiences on the Devine City Council I’m very aware that if there were simple solutions there wouldn’t be a problem, but I’m ready and eager for this new challenge! It is an incredible honor that the voters in our city are allowing me to do so,” said Butch Cook.
Cook’s campaign promises included:
-Make our city’s water system the top priority. -Aggressively pursue a City Administrator, and remove requirements that are hindering the process.
-Restore order and civility to the city meetings, and ensure all council members are informed on agenda issues in a timely manner.
-Show transparency and accountability -when and where taxpayer money is spent.
-Bring back the lines of communication between the city and the citizens that we are here to serve.
Cook brings his leadership skills to the office from his 7 years on the City Council, 5 years as President of Devine Little League, 7 years as President of South Texas Basketball Officials Association, 8 years as Men’s Basketball Coach at Palo Alto College, and 38 years as a Business Owner in Devine ( Image Matters and South Texas Trophies), and multiple days volunteering with organizations including Mission Devine, Chamber of Commerce, DYSA, and Devine ISD Committees.
A little history…
Thompson served as an Alderman for District 5 before being appointed the Mayor after Bill Herring resigned, and then winning the election two times, against Pichardo and then Hicks.
According to The Devine News files (July 19, 2019): District 5 Councilman Cory Thompson was appointed mayor during an emergency meeting of the Devine City Council held on Friday, July 19, following Bill Herring’s sudden resignation from the position.
After District 2 Councilman and Mayor Pro-Tem Steve Lopez said he was not interested in taking over as mayor, District 3 Councilman David Espinosa nominated Thompson. Lopez provided the second, and the motion carried with the support of District 1 Councilman David Valdez and District 4 Councilwoman Jennifer Schott.
Then, council later appointed a resident of District 5 to fill Thompson’s seat on the Council. Debbie Randall was appointed in September 2019 as recommended by Thompson as someone who would vote like him for that district.
District 5
In the uncontested District 5 election Debbie Randall received 168 votes. (In 2021 that district election drew 201 voters, 128 for Randall and 73 for Kevin Stephens.)
All terms are two year terms. All of the May 2023 Election Results are considered unofficial results until they have been canvassed.
Problems at the polls…
Errors prevented at least 6 residents to vote in the District 2 race in City of Devine
In the District 2 race, unofficial tallies show Michael Hernandez receiving 47 votes to incumbent Angela Pichardo’s 42, a difference of five votes.
There were errors in District 2 voting cards reported in the first couple days of voting, as announced by the City of Devine last week, stating that six voters were not allowed to vote in the District 2 election. As a result, the District 2 election could be contested.
The City of Devine sent out a public notice as soon as the issue was discovered to let the public know that there were 201 voters whose residency was inaccurately listed. After the clerical error was discovered, the City found 6 voters that had been denied the right to vote in the District 2 race. From that point on, election judges were very careful to look over every voter card and make sure that people who live in District 2 were able to vote in the District 2 race by comparing addresses to the most recent redistricting maps.
Last week, Medina County Elections Administrator Lupe Torres explained that “As for how the incorrect precinct/districts were assigned, it was due to a clerical error made during the redistricting process.”
According to City of Devine Interim City Administrator Dora Rodriguez, if a candidate wants to protest this contest, the candidate will be responsible for filing a lawsuit.
“After contacting our Attorney Tom Cate and the attorney at the Secretary of State’s Office, I told both candidates when I called them to let them know about the election situation, and that whoever lost the election, they would have to file a lawsuit at their cost for the election protest.  The court would determine if the city needs to hold a special election.”
In response to the incident, Angela Pichardo stated, “We will seek remedies to investigate who’s Responsibility and negligent actions caused the errors. I do not want to create a separation in District 2 since we have worked so hard to unify the community as a whole, but if laws have been violated, we must make sure EVERYONE’S Right to Vote is Given and those responsible be Accountable. This is an example of the needed changes in City Government. I want to Thank all the citizens that came out to vote as we had a record number and I want to wish the New Leader of our City much Success and Progress for Devine….I want to make sure that voters were not cheated out of their right to vote.”
In this year’s election, Pichardo had a small lead after early voting with 38 to Hernandez 36. Election Day, Hernandez took the lead with 11 votes to her 4. Totals were Hernandez 36+11= 47, to Pichardo’s 38+ 4= 42.
Back in 2021, Pichardo was first elected to the position by defeating Maria Pena 32 to 18. Voter turnout almost doubled in this district this year.
All of the May 2023 Election Results are considered unofficial results until they have been canvassed.