Top News Stories – Page 96

Concerned citizen gives eye-opening speech to City leaders on how maxing out tax rate for drainage bond would hurt residents, business

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.

Natalia’s school district
switching to 4-days a week
Majority of year, begins next fall

Majority of year, begins next fall

At a special board meeting this Monday, April 3, the Natalia school board voted for some big changes for the upcoming school year. They adopted the 2023-2024 Academic Calendar on a unanimous 6-0 vote with a student start date of August 8 and an end date of May 31.
Fridays are now marked as “holidays” for the majority of the school calendar. According to the district, September – April will have four-day weeks with Fridays off. However, classes will be held on Fridays in August and May (the first and last months of school).
The many four day weeks will mean adjusting the hours too, which are set for 8AM- 4:15PM for all school days.
The calendar was recommended by the Natalia ISD District Education Improvement Committee (DEIC) with input from administration, staff and the community.
Last summer, the Texas Tribune reported on the large numbers of rural Texas school districts transitioning to 4-day weeks, many to attract and retain new teachers as hiring becomes harder and harder.

Mother and child left on roadside, I-35 stabbing suspect captured

Medina County sheriff’s office was called to the scene of a woman who had been stabbed and left on the side of the road with a child this past Wednesday night, March 29.
“A man, woman and child were traveling on I-35 when the adults got into some sort of argument, and the woman was stabbed. The suspect then kicked them out. We responded to the call, and transported the victim to the hospital. The suspect fled south to Frio County where he wrecked out and was also airlifted to University Hospital.”
When the suspect Jose Toribio Rodriguez, 45 of Laredo, was released from the hospital, he was placed under arrest and taken to Medina County Jail. Rodriguez is facing charges of Aggravated Assault with a Deadly Weapon.
The sheriff reported the mother and child are okay.
Rodriguez remains behind bars as of Tuesday with a $250,000 surety bond.

State Champ!

Lytle Pirate lifter Mario Diaz brought home the Gold last week from the State Powerlifting Meet. See more in Sports.

Congratulations to Lytle Pirate powerlifter Mario Diaz as he claimed the first place title last Friday, March 24th, after competing at the state powerlifting championship held at the Taylor Count Expo Center in Abilene, Texas. What a great way to end this year’s 2023 powerlifting season, way to go Mario! Mario Diaz, region 3, 198lb weight class, squat 650, bench 375, deadlift 600, total 1625.

Town hall meetings April 3 & 20 about proposed bond
for Devine ISD

Devine ISD Superintendent Dr. Todd Grandjeant will host the first of two town hall meetings about the proposed bond Monday, April 3 at the DSAC auditorium beginning at 6:30 p.m.
He will host the second meeting Thursday, April 20 at the same location and time.
“I want our community to be informed about the propositions in the bond, and to be able to have any concerns addressed,” Dr. Grandjean said.
He will have a short presentation, and then attendees will have the opportunity to ask questions.
Dr. Grandjean will also conduct tours of all the campuses Monday, April 10. Those who would like to attend should meet in the DSAC parking lot at 6:30 p.m. A bus will be provided to take everyone to all the campuses.
“After touring all campuses and having direct interaction with principals and teachers, it became apparent that our children need many things to happen as far as facilities are concerned in this district. I think we were very thoughtful in our process and were very cognizant of the costs of each project,” Misty Thompson, Facilities Committee, said.
Early voting is April 24-28, 8 a.m.-5 p.m., April 29, 9 a.m.-2 p.m., and May 1-2, 8 a.m.-5 p.m.
Polling location for Medina County residents is the Precinct 4 Annex Building, 317 TX-132 N. For Frio County residents, early voting will take place at the Bigfoot Alternative Center, 13777 FM 472 in Bigfoot.
Election Day is Saturday, May 6, 7 a.m. – 7 p.m. Polling locations are the same as in early voting.
Complete video coverage of the public hearing is available at the Devine News’ YouTube channel at https://youtu.be/fmw2W0XsPsc

Bluebonnet Festival Fun

The Annual Natalia Bluebonnet Festival and Parade is scheduled for Saturday, March 25, 2023.
The festival begins with the vendors opening at 9 am, then the parade at 11 a.m. through downtown Natalia. Afterwards we move to the festival grounds for the festivities, to include food trucks/booths, craft/vendor booths, music and activities for the kids. Don’t forget to bring your own chair and shade, as both are limited on the festival grounds. Please remember no outside food and drinks are allowed at the festival. We will have lots of great food and beverage choices available from our vendors.

Dancers two-steppin under the stars at City Park during Lytle’s Music Fest, which featured a great line-up this past weekend. Performing on stage was the headliner, the Ken Faux Band.

The Natalia Bluebonnet Festival Committee would also like to thank the OFFICIAL coordinators of the 2023 Natalia Bluebonnet Festival: The City of Natalia, The Natalia Public Library Foundation, the Natalia Municipal Development District and the Natalia Veteran’s Memorial Library. We greatly appreciate their help in pulling off this year’s festival.
The Natalia Bluebonnet Festival is the single, largest fundraising event for the Natalia Veteran’s Memorial Library.

This year’s vendor and parade registrations are online at nataliabluebonnetfestival.com. Vendor fees may also be paid in person or online at the time of registration.

If you are interested in becoming a sponsor of the festival, below are the details concerning this year’s sponsorship levels:
Gold Level ($1,000 minimum contribution) – mention on all print advertising, logo on festival t-shirt, recognition at event, logo on festival website and social media;
Bluebonnet Level ($500) – mention on all print advertising, recognition at event, logo on website and social media;
Mustang Level ($250) and- recognition at event and logo on website and social media
Friend of the Library ($100) – name/logo on website and social media
This year’s vendor and parade registrations are online at nataliabluebonnetfestival.com. Vendor fees may also be paid in person or online at the time of registration.
All proceeds from the festival directly benefit the Natalia Veteran’s Memorial Library and aid the library in providing Summer Reading Program activities, new technology and new books for the library’s collection.
Please contact Amy at 210-213-1990 or stop by the Natalia Library.
“We look forward to seeing you at the 2023 Natalia Bluebonnet Festival!” said Amy M. Edge, Library Director.
Natalia Veteran’s Memorial Library. (830) 455-0007 Office, (210) 213-1990 Cell. Email: Natalialibraryfoundation@gmail.com

Devine Arts Walk
this Saturday evening 6-9 downtown

Bring the family and grab your friends for an evening of arts and community in historic downtown Devine. The Devine Markets Association, best known for our monthly farmers markets in Devine, Hondo and soon, Lytle, wish to show appreciation for supporting all our hardworking producers.
After the First Saturday Market on this Saturday, April 1st, we’re closing the streets and opening our downtown businesses to showcase local artists and share a great evening. Come out from 6-9 PM to mingle with friends, meet the artists and check out our local small businesses.
For the kiddos, Ms. Mickie from Dove Street Deals will host a children’s art project area. For the big kids, Sandy Oaks will have their mobile cocktail and beer sales. For everyone, Doe Re Mi Lavender Farm will be playing music on the streets.
Please join the DMA for fun and casual night out to share just a few of the great things about Devine.
For more information artists can contact skerxleben@yahoo.com and general inquiries can be directed to steve@smithpastures.com .
WE’RE CLOSING THE STREETS for this FREE event sponsored by the Devine Markets Association. All to thank you for supporting our member-producers at the First Saturday Market.
If you’re a regular or haven’t made it out yet, allow us to show appreciation for being a part of a supportive, welcoming community. See y’all there!
Earlier in the day the Market will host their monthly Farmer’s Market from 9 am to 3 pm.

Devine schools get safety grant, extends contracts for 17 administrators

Dollars for Scholars president Bob Bendele, left, accepts a check for $2,994 from Devine ISD Superintendent Todd Grandjean as the district’s latest contribution to the foundation. Founded in 2009 by four 1950s era graduates of Devine High School, Dollars for Scholars invests the donations and uses the interest to fund scholarships for Devine High graduates seeking a post secondary education. More than $30,000 in scholarship have been awarded annually by the foundation since 2013. (Photo by Anton Riecher)

By Anton Riecher
Devine ISD has been awarded $200,000 in state grant funds to be used for safety initiatives, district superintendent Todd Grandjean told the Devine school board Monday.
He explained that assistant superintendent Daryl Wendel had submitted applications for two school safety grant programs “and we have actually been approved for one of the grants so far.”
The other application is still in progress, Grandjean said.
State officials approved the transfer of $105.5 million to support additional school safety and mental health initiatives through August 31, 2023. This additional funding will boost actions the State of Texas has already taken to make schools safer and support the mental health of children, teachers, and families following the tragedy at Robb Elementary School in Uvalde.
The money was transferred to state agencies and programs to enhance school safety and mental health services in Uvalde and throughout Texas.
Campus administrators continue to work and train their staff using the Safe and Supportive Schools system. SSSP is a coordinated multi-tiered support system that addresses school climate with regard to social, emotional, behavioral and mental health concerns.
Special programs director Abigail Beadle “is conducting grade level and departmental meetings at the secondary level the last few weeks to explore the impact of our curriculum instruction initiatives and our vision,” Grandjean said.
A “secondary education walk” is scheduled for Tuesday, he said.
“That’s where we take all the principals in the district and central administration and we walk them through elementary and intermediate,” Grandjean said. “We pop in and out of teachers’ classes so the other campuses get to see what is happening at the different grade levels.”
The board met in executive session, and a motion was made by Carl Brown moved and seconded by Henry Moreno to approve extending administrator contracts as recommended by the superintendent. The motion passed, 7-0.
The following contracts were extended for the 2023-24 school year:
Jesse Hinojosa
Mandy Cross
Lysandra Reyes
LeeAnn Runnels
Jeffery Stivors
Evan Eads
Jodiann Dzierzanowski
Michael Gomez
Magdalena Strickland
Abigail Beadle
Kandi Darnell
Valerie Dykstra
Juan Gonzalez
Shannon Ramirez
Dawn Schneider
Daryl Wendel
James Sessions

Complete video coverage of the public hearing is available at the Devine News’ YouTube channel at https://youtu.be/fmw2W0XsPsc

City of Devine’s audit shows Long Term Debt now at $11.7 Million

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).

Devine’s “3 minute Time limit”
on citizens at public hearing draws ire and concerns about $15 million bond….

The city engineer tries to answer some of the many questions citizens asked as quickly as they could, given only 3 minutes each to speak.

By Anton Riecher and Kathleen Calame
While incumbent Devine Mayor Cory Thompson took no position on a $15 million bond election proposed for May, he and mayoral candidate challenger Butch Cook and several others clashed over Thompson’s strict adherence to his rule of a three-minute time limit for speakers during a public hearing March 14.
“Okay, let’s open up the public hearing portion of this. I’m going to limit everybody’s time in the usual fashion for when we have doings like this to three minutes. The council is not supposed to, I’m not going to engage, that’s not the case at all, but we can’t tell you necessarily what’s our opinion. We can only deal with the facts as they are here tonight.”
Addressing the city council, Cook took issue with the strict time limit.
“We’re talking about $24 million (including interest),” he said. “Three minutes is not enough time when somebody has concerns.”
Thompson said that the three-minute limit was in keeping with how public hearings had always been run. Cook countered that he had never been limited to three minutes.
After several more voices joined the debate Thompson gaveled the discussion to a halt.
Citizens take the podium
Jessica Ornelas asked if sidewalks would be included when portions of the roadway have to be rebuilt.
City Engineer JR Garcia responded, “No”.
“I’m really confused. You say you want to improve the ability for children to walk to school but we’re not providing them a way to walk to school. You’re taking away the water but you’re not giving them an actual path,” said Ornelas.
Nancy Saathoff took the podium next and asked, “How much specifically is allocated for the airport project?” Garcia answered,”$211,000”.
Fred Morales asked, “The drainage that is going to start at the northern most portion – are those going to be square tubes in the ground or are those going to be open conveyances of water?
Garcia: “They are going to be under the ground. We will have storm drain inlets at designated locations in the design of the plans and to channelize the water essentially into Burnt Boot Creek.”
Morales: “So when you start at the north end of the project how deep below the surface are those tubes going to have to be?”
Garcia: It’s going to vary depending on what type of utilities we have in that area. We have to look at that. But typically this drainage is going to be four to six feet deep. It also depends on the slope and how … we have to look at the elevation of the existing storm drain that’s on Colonial Parkway and then work backwards to make sure we have the proper slope to get the water out.”
Morales asked, “There is no way to do it open where it’s easier to clean and maintain?”
Garcia: “No. It will have manhole openings, manhole covers on the inlets, but the actual drainage structure, no way.”
Morales: “There are not easements on right-of-ways – you just leave it open and it’s concrete and the water can move down and if something gets in it you can’t get it out or if debris gets in or anything washes in there, is there no way to move the water and keep it open?”
Garcia: “The way the water is going to be deposited into the storm drainage system is through the inlet and you’re talking about an inlet opening which is very small. When you have your big storm, it’s going to push everything out and it will end up in the creek.”
Morales: “So when the water gets to Burnt Boot and gets to the elementary school what’s going to be done south of that to make sure the water can exit town like through Zig Zag through the south end of town? If we deliver the water to the south end of town faster than it is currently being delivered, is there going to be a problem on the south end of town that we don’t have now?”
Garcia: “No, because we will be lowering the 100-year-flood plain water elevations because of the improved side flow and bottom flow and our whole point is to bring it down because there are 32 homes and buildings in that 100-year-flood plain in Devine. So the purpose of the project is to bring down that water flood elevation.”

Morales: “So there is not going to be a problem with water reaching the southern end of town faster than it is now and there isn’t anything in the project that I can see that widens or makes the waterway wider or deeper on the south side of town? We don’t want to fix the problem here and make another problem there. Want to make sure it gets the water all the way out of town.”
Garcia: “Oh yes it will. I mean of course we have the existing conditions of this area. We have San Francisco Creek – (Burnt Book Creek and San Francisco Creek) merge in the south part of town. So when you do have these 100-year flood events the back water comes back from the highway and backs up….Unless we have one of those major catastrophic events everything should be fine. For the most part most of the channel is going to be earthen, it’s going to be widened. Widening that channel the elevations are going to come down.”
Frances Navarro took the podium next.
Navarro: “What will happen if a major infrastructure failure occurs and we are unable to use another bond for our basic water needs?” (Referring to how the bond issue will cap any further general obligation bond issues for the next 20 years.)
“Why have we not used that before coming to the taxpayers? Don’t we have a grant writer on staff?”
Cunningham: “There are other means of financing. There are certificates of obligation that you could issue that you could levy a tax or utility system revenues. But for this specific project the council elected to take it to the voters to decide if you want to have these projects or not.”
Navarro: “We keep getting an increase in water … we keep getting all these issues with lines and water and broken mains all over the place. Where is all that money that we’ve already been doled out to this community by those grants by the Texas Water Board.”
Mayor Thompson responded, “That is actually, no offense, not related to … that’s a different meeting with a different discussion. I know what you’re saying but the money that’s for the water line project, that’s been five years ago …”
Navarro: “It just feels like we’re getting deeper and deeper in debt and we can’t handle basic needs around here. My water has been cut off I don’t know how many times. You call up there and you can’t get an answer.
Gary Saathoff took the podium next.
“I have a question for the engineer about the 25- and 100-year flood. This bill is going to protect 32 houses from a 100-year flood. You said that Devine has no problem with a 25-year flood for the San Francisco and the Burnt Boot Creek. So if we have a 100-year flood, it backs up into town – why don’t we take care of the whole town instead of 32 houses for a 100-year flood? … How do we decide that these flood problems are more severe than others?… Every time we get a good rain, downtown is flooded. The entire community suffers from flooding.”
Ritchey: “I appreciate the tough line of questioning. I don’t think that JR is the one that necessarily picked it out. He’s provided the engineering for the design project.”
Saathoff: “It still seems to me like you are creating better flow up top, and in a real big flood you’re going to have a bigger flood downtown because it can’t get out at the bottom.”
Thompson: “Let us quickly address the reason why the projects that were picked were picked. Based back to information that we have had going through files and folders we were able to find some of these projects with documents dating back to 1961. I think we are all aware that what happens downtown has a lot to do with the state and TxDOT helping us , with which I’m not going to say anything, but we have dozens of documents dating all the way from 1961.. They were ones that council had been concerned about in the past.”
Ralph Montgomery expressed his concerns next.
“What assurance are we going to have that this is going to be completed? Since I’ve been here I’ve already seen two or three projects into which we have put a lot of money that have not been completed,” stated Montgomery. What happened to all that money for these other projects that were never completed? What happened to that money?”
Ritchey said: “I think it was said in a previous meeting that if we don’t compete it in five years we have to pay it back.”
Montgomery named several projects that have not been completed. “One is the water line project going down Libold. Never completed.”
Thompson: “Are you referencing the water line project we are currently working on? Guys are out working on it right now. That’s why people keep losing water up in District 1.”
Butch Cook took the podium next. “I have to be super quick apparently.”
Cook questioned Garcia about the difference between a 25- and a 100- Year Flood.
Garcia said the project is designed based on taking care of a 25 year flood plain.“We could not design for a 100-year flood,” Garcia replied.
Cook: We’re going to spend $24 million. Because it’s $15 million plus, on your chart, $9 million in interest for 20 years … It would seem to me that it must be quite comprehensive and also include life threatening situations and things that could have happened. I have heard of none. Even back in 2011 when we had eight-inches in two hours. My shop got flooded, yes it did, but what the hey, eight inches in two hours is going to do that. The whole town was flooded down here. I don’t mean to dismiss the threat of bodily injury to anyone, but we haven’t had any (inside city limits).”
Cook said he had checked old council minutes going back four years. “Only three meeting in four years had anything posted regarding drainage. Those three involved complaints from Montgomery. Of those three agendas, there were six total items. At least three of these aren’t even on these plans.”
“Why the rush? This thing was rushed in incredibly quickly. Two short notice special meetings just so it could be on the May ballot. What was the reason? Anyone?,” asked Cook.
Thompson: We were aware we were going out for this. We had this discussion back in October or November? We were compiling these items.”
Cook: “In October you addressed the council during a special meeting asking for the council to consider a bond proposal for street paving, a sports complex, and drainage. You personally approached the council wanting the bond proposal … Now, here we are with no regular meeting with regard to this issue, two special meetings that hardly anyone attended with 72-hour notice and they start at 6 p.m. … You posted that this project will max out our tax rate for 20 years and would not allow us to do anything substantial in the way of community improvement for the next 20 years. Why would we want to do that?”
Thompson: “That is up to the voters to decide.”
Cook: “No, no, you guys presented this for the voters. There is an inherent trust that it has been researched, and that YOU approve of it is why it goes out for a vote. So why would we want to max out our tax rate and our ability to improve other things for 20 years.”
Randall: “All of these projects I know we have discussed maybe it’s informational, maybe it’s not on the agenda, but we’ve talked about them many times. However, we as a city don’t have $15 million to do this project. And we get asked about these projects a lot. It’s not just fly-by that we came up with them. We’re giving it to the residents to decide – ‘do you want this done and this is the cost?’”
Cook: “We need to promote projects that can bring in new business and help with sales tax revenue.”
Next, Kathleen Calame took the podium.
“Why does the project stop at Howell Street (near the funeral home)? Why does it not go all the way down to Hwy 132 where Burnt Boot Creek actually exits town? That area after Howell Street is overgrown with trees and brush and has been neglected for many, many years, yet it’s not being taken into account or corrected and will cause huge problems for the flow of the water.”
Garcia; “Well, that comes under understanding the engineering portion and how it’s designed. I would have to come and meet with everybody and have a three-hour class and how I designed this thing. I can’t really explain how it’s designed here because it would take too long. But it is designed to where the water elevation drops so whatever the water surface elevation is right now it is going to be dropped by one-third entering Burnt Boot Creek.”
Garcia said the project is based by calculations done by his father 10 + years ago.
Calame: “Who chose these projects?”
Thompson: “They were on a list of projects that have been around many, many years. I can’t necessarily choose projects one way or another. I asked the council for a vote. What you see here tonight was voted on by the council.” (Council vote was split 3 for (Randall, Espinosa and Vega) and 2 against (Pichardo and Ritchey).
Next, Pichardo expressed some concerns : “I do have a statement. JR I know that the flooding is going to end over in district 2 and I want to reassure our residents. So we would like to meet for those three hours to have that explanation, so that way we understand, and I can explain to my residents that they’re not going to be flooded out. And I do understand we have 32 homes and we need to save those homes but, in addition, are we going to destroy another part of town possibly … I know that you used the stock list from the Army Corp of Engineers but have they come to actually visually see? Has the Army Corp of Engineers come to give us some advice …? (Thompson tries to interupt) … to see that the flood does not happen in district 2? I’m just worried about this.”
Gary Saathoff asked next: “Quick question. In the dream sheet that you showed, it all adds up to $90 million. Have all of those projects, has there been any determination besides the cost on how many people it will benefit? Each one of those items, like a sports complex, is going to cost this much, is going to benefit this many people. This flood project is going to cost $15 million and it’s going to benefit this many people. Any of the others on there, the airport, who is it going to benefit …?… to give you a ranking of what would be most beneficial to the city.”
Thompson: “To answer that question we actually do have that on the airport because the airport was part of what we’re discussing now. Once council made a decision what we were working with, we went out and got the analysis for how many people would be affected. All I can say about the sports complex because you brought up the sports complex, and it has been brought up a couple of times tonight, is the sports complex we actually looked at does not match the, uh, what is the sheet the Parks and Recreation board came up with … the master plan. The sports complex did not actually match the master plan as created by the Parks and Recreation Department so if we had gone with the sports complex project we would actually would have to have had a different discussion because what we had on our master plan and what the sports complex was were two different things. So …”
Cook: “Just a comment.”
Thompson: “You’ve already had your time. You know that’s right. (Laughing) You want me to gavel you again? (Thompson uses gavel.)”
Ernesto Auguilar spoke next.
Aguilar: “I see that Burnt Boot Creek is going to benefit 32 homes, Crouch is going to benefit 45 homes. I don’t see a number on Colonial? How many homes are we estimating in that and then what is the average value of a house here in Devine?”
Garcia: “I don’t have that number, for how many homes.”
Aguilar: “And what is the average value on a home in Devine?”
Thompson: “Dora, do we have the update on the average cost of a house in Devine? It would need to be specific to this neighborhood.”
Interim Admin. Dora Rodriguez: “The report that we get doesn’t show an average.”
Aguilar: “How much is the allocation to the airport again? How much income is generated by the airport?”
Garcia: “$211,000.”
Thompson “We don’t have that figure right now. Like I said we have talked about the airport in the past. It would be an entirely different discussion.”
Aguilar: “And then you had talked about the project tapping from the Monticello area, you’re going to tap into existing drainage?”
Garcia: “Yes, there is an existing drainage there from Colonial Parkway that ties into Burnt Boot Creek. We’re going to tie into that existing system.
Aguilar: “Can it handle it?”
Garcia: “Yes, it can. It was designed based on peak periods.”
HOW IS SPEAKING TIME TABULATED?
Mrs. Saathoff asks Thompson how total time to speak is tabulated. Thompson explains that he is only clocking time spent talking, not waiting for an answer or the answer itself.
Thompson: “Technically, you have about eight seconds left on your time [to Mrs. Saathoff].”
Calame: “Is the three-minute limit a state law or is this a local thing you came with? Some meetings you go to, you can talk as long as you want. Who came up with that rule? “
Thompson: “It is actually within my power as mayor, because everyone came here to talk on the same topic… I can force you to vote on one representative to speak for all of you.”
Navarro: “Forcing us to that particular amount of time when you call a hearing for the public to express their concerns and then as mayor say ‘You only have this much time’ you’re limiting the discussion so it doesn’t give the community confidence that you’re willing to hear us out.”