Monday, May 31, 2010

Meeting with some Woodway volunteers

Today new Council member and Mayor pro tem Gil Lillard and I met with five of the Woodway volunteer police and/or firefighters to discuss concerns and perspectives, and to see the facilities and equipment. The five volunteers were:

Lieutenant Bert Hernandez (police and fire)

Lieutenant Ben Selman (police and fire)

Colonel Warney Crosby (volunteer firefighter of the year, 2009)

Captain Norm Burgess (firefighter)

Lieutenant Ray Dobbs (police and fire)

We talked about the Woodway volunteer system, and how all police officers are cross-trained as firefighters to improve response times (a great idea). A total of 90 hours of training are required before being allowed to fight actual fires, and only about 25% of those who begin training are able to complete the requirements.

The real heart of the meeting was to discuss the effect of two things on the morale of the Public Safety Department. These were:

(a) Mike O'Bric's allegations against the Police Chief/City Manager Yost Zakhary, and sometimes directly against certain officers or situations;

and

(b) A rumor that the new City Council members would decrease the number of patrol officers in Woodway, or otherwise fail to support the Public Safety Department.

I was glad to be able to unequivocally debunk the rumor. To my knowledge there has not been any discussion or even a hint of decreasing support for the Woodway Public Safety Department among the new Council members. It seems to me that the new Council members value the Woodway police and fire personnel at least as much as anyone else that has ever been on the Council. We later met Corporal Nolan Schaffer, and Gil quickly assured him that there was no truth to the rumor and to spread the word.

As far as the allegations, some of the officers very credibly explained the context of some of the situations they had personal knowledge of. It is apparent that at least some of the many allegations are based on distortions of the facts. Another allegation I heard somewhere was that the largest firetruck could not fit into the garage, but Gil and I saw otherwise. We toured the facilities and were even given a ride on the big ladder truck, which DOES fit on Woodway streets, in case you had heard otherwise.

The officers spent about 4 hours with us, and they are as passionate and sincere about their duties as anyone could be, even though their positions are unpaid. Woodway is very fortunate to have dedicated personnel of this caliber. I was honored to meet them and am honored to serve as one of their City Council members.

Saturday, May 29, 2010

Aren’t City Councils supposed to be elected? Why has Woodway’s been mostly appointed until now?

I think it may come as a surprise to many to learn that every one of the four incumbents that were voted out in the May 8th election had been originally appointed to the Council, not elected. In fact, five of the seven 2009 Council members (Giddings, Humphrey, Mathis, Smith and Tennison) were originally appointed. Only two (Don Baker and Jane Kittner) began their terms by election.

The norm in Woodway appears to be this: when a Council member wishes to step down, they do not announce this until after their next election, then the remaining Council members appoint a hand-picked replacement. Historically, Woodway Council members can expect to run unopposed; in ten of the past 15 years, none of the incumbents have faced any challengers at all. So the scheme of (a) run unopposed, (b) then resign and (c) have your replacement appointed has allowed the Woodway City Council to be almost entirely chosen by the Council itself rather than by the voters.

I understand that the Council needs a mechanism by which to cover unexpected vacancies. But the number of appointments in Woodway is way beyond “unexpected”. The resignations typically occur very shortly (1 to 4 months) after being re-elected. An honorable exception is that of Rodney Kroll, who served about 14 months of his 2-year term before resigning.

Interestingly, since Yost Zakhary has taken over as City Manager in 2001, only one new Council member (Tony Wommack) has earned a Council position by election, while in that same time period there have been five appointments (see table below, based on information provided by the City Secretary). Until this year's election, that is.

One former Council member has been blogging about possible causes for the outcomes of the 2010 elections. How about this theory: the citizens of Woodway decided they would like to choose their Council members for a change.

To my fellow Council members: if/when you decide to step down from your position, let this be known before your next re-election so there can be a fair and open competition for your place on the Council.

Response to "Honestly Woodway": I am NOT calling for special elections for all future vacancies; I agree that would be too burdensome. I am simply asking that Council members not stand for re-election knowing they intend to resign in the near future. Also, you'll notice that I am not impugning the qualifications of anyone who has been appointed, nor their character except perhaps to the extent that they have subsequently been complicit in this self-selection of our City Council. And, yes, of course other cities use appointments, but not to anywhere near the extent that Woodway has. For example, look at the Waco City Council records (see here, then choose "past city leaders" link). Going back 40 years, I count a total of only 9 appointments, and in none of these cases did re-elected Council members resign shortly after the election.

That the Woodway City Council has been, in effect, a largely self-selecting body is undeniable. The numbers speak for themselves. Meanwhile, questions remain: has this self-selection been a remarkable coincidence or is it an intentional result? If intentional, why have the Woodway City leaders so frequently chosen appointments over free elections?


Monday, May 24, 2010

Results of the May 24th meeting

The meeting opened about 5:32 pm. Mayor pro tem Gil Lillard was presiding and asked me to give the invocation.

1. Hearing from visitors. If I miss an important point that was made, I apologize. I tried hard to make notes but it is tough to catch everything.

Sergeant William Hitch was the first to speak, but only to say hello from a group of SWAT team members fresh off serving a felony warrant, still in camouflage uniforms.

Next, Dr. Mike O'Bric presented comments (and a handout) about City Manager/Police Chief Yost Zakhary. Mayor pro tem Lillard insisted that speakers not denigrate City employees, interrupting Mr. O'Bric at least once to remind him of this, and held him to the 3-minute time limit.

Then former Councilmember Robert Humphrey asked for a 10-minute allowance to match what Mr. O'Bric had managed at the last council meeting. He began his presentation without waiting for approval of this request. Mr. Humphrey gave an explanation for the outcome of the recent election and proceeded to express his disdain for Council member Dr. Paul Scibielski and especially myself. He was cut off at the three-minute point by Mayor pro tem Lillard, and moved to the lobby prepared to speak further to those interested.

Then Woodway resident (since 1974) Ed Fadel spoke briefly (1-2 minutes) to the effect that Mr. O'Bric's accusations were "mindless drivel", and (very correctly) pointed out that the oath of office for City Council members says nothing about personal agendas.

Next, Jim Ross (resident since 1981) spoke briefly (1-2 minutes) that included the opinion that a greater turnout for the last election would have given a different outcome.

Then Council member and former Mayor Don Baker took the podium (and gave a handout) to denounce the recent accusations and DEMANDED an immediate and complete audit of the city's finances since Jan. 1, 2006, with specific attention to those areas where accusations had been made.

Then Colonel Warnell (Beau) Crosby [Volunteer Firefighter of the Year] spoke to refute the "lies" of Mr. O'Bric in specific instances where he was aware of the facts, especially concerning accusations related to the Woodway fire fighting equipment and people.

Then former Council member De Smith took the podium, stated that she had never seen such an example of shutting down open government, and then gave her remaining time to Robert Humphrey to continue speaking.

Mr. Humphrey said some more about why the election went as it did, then announced his blog site (http://honestlywoodway.blogspot.com/)*. He then proceeded to berate Dr. Paul Scibielski about campaign statements he made about the new City Hall being unnecessary and a poor use of city funds. He referred to the new Council members (with the possible exception of Mayor pro tem Lillard) as "Brickies" who get their information from "Bricopedia". Mr. Humphrey ended (after 6-7 minutes) by calling for an independent financial audit and for webcams to be installed in the Council meeting room to let Woodway residents view the proceedings online.

* Mr. Humphrey's site shows him to be a very caring and thoughtful person. I hope he will come to think better of the new Council members eventually. It seems to me that none of the new council members harbors ill-will toward anyone, including Mr. Zakhary. Try to understand that we are learning as we go.

2. The Area Density Study

This was a presentation by Steve Sorrells, the developer of Badger Ranch and other housing areas. The discussion concerned two things: (a) "mixed use development", which refers to a combined residential/office/retail type of zoning that is said to be increasingly popular among municipalities. (b) "Traditional neighborhood development" (TND), which in this context refers to higher-density housing than what Woodway typically allows. Currently in Woodway, zoning ordinances in most areas limit housing density to no more than three units per acre. Mr. Sorrells wants the city to proceed toward approving both new zoning types.

The presentation showed nice examples of both "mixed use development" and TND; an example of the latter would be Sheffield Park, with a density of 7.5 units per acre. (apartments are typically >20 units per acre). One concept that I thought was useful was "common walls versus common floors/ceilings" to distinguish apartment-type housing from condo, townhouses, etc.

There are, of course, pros and cons for the city. The tax base increases faster with higher density housing, which for a "land-locked" city (Scott Giddings' term) like Woodway can be important. The downside is that higher-density housing puts that much more strain on highway systems (I used the traffic on Hwy 84 as an example), and depending on owned vs. rented status, can tend to deteriorate faster than single-family dwellings (as Jane Kittner pointed out). The consensus was to "move forward" to have the idea considered by the Planning and Zoning Commission.

3. A presentation of the Arboretum development plans by the MESA group. This was a real highlight of the meeting. The plans were presented for developing, among other things, a second area of the Arboretum to accommodate weddings and even conferences. These plans were extremely well thought-out, even allowing for public access to part of the grounds while two events were in progress. The Arboretum has always been a gem of Woodway, with this development it will be perhaps the best event spot in all of central Texas. The Council voted to proceed to have the MESA Group develop construction plans in conjunction with the Arboretum Board.

4. Appointments to various Boards and Commissions in Woodway. After some discussion of whether to approve the recommendations of the previous Committee as-is or with one modification, the majority of the Council voted to accept the appointments as-recommended. I alone voted in opposition, as I felt that one highly qualified applicant had been denied simply for political reasons.

5. The next agenda item was discussion and approval of an upgrade in the police and fire department radio systems to make them P25 ("narrow band") compliant. Further upgrades will be required in coming years, and the City is wisely seeking ways to moderate the cost.

6. City Manager's Report. Mainly discussed upcoming budget meetings in June.

Open meetings resolution and adjournment (close to 8 pm).

Friday, May 21, 2010

The May 24th meeting agenda

An outline of the agenda for the May 24th meeting is given below. I believe a more detailed agenda is posted on the left entrance doors at City Hall. The meeting begins at 5:30 pm.

Call to order

Invocation

Presentations and visitors:

1. Hear visitors (3 minute limit)

2. Presentation of an Area Density Study compiled by Steve Sorrells, of Sorrells and Gunn.

Items for individual discussion, consideration and/or action:

3. Presentation of Carleen Bright Master Site Plan by the MESA Design Group, discussion and consider action on authorizing the City Manager to negotiate an agreement with MESA Design Group for the development of construction plans for Phase 1 of the project.

4. Discussion and consider action on annual appointments to the Woodway boards and commissions.

Consent Agenda
5.
A. Discussion and consider action on purchase of P25-compliant mobile radios and pagers, and upgrade the emergency warning system.

B. Discussion and consider action on the minutes of the canvassing meeting held May 17th.

C. Discussion and consider action on the minutes of the regular meeting held May 17th.

6. Consider action on Consent Agenda.

7. City Manager's Report

8. City Council Reports

9. Consider action on the Open Meetings Act resolution.

10. Consider action on adjournment.

Monday, May 17, 2010

Results of the first meeting of the new City Council

The City Hall meeting room was packed by 5:30, standing room only (or nearly so). Three of the outgoing Council members (Robert Humphrey, Jerry Don Mathis and Barbara Tennison) did not show up for the meeting. Of the incumbents who had been voted out, only De Smith was there, and she graciously spoke words of encouragement to the new Council members. I have no doubt that the departing Council members are all fine upstanding people. I wish I knew each one better, and wish each of them the best.

The Council proceeded, as required by ordinance, to elect a Mayor and Mayor pro tem. Both current Mayor Don Baker and Bill Weber were nominated, and it was a "party line vote". All four of the new members voted for Bill Weber as Mayor, and Gil Lillard was unanimously* selected as Mayor pro tem. All this required some seat-switching. The new Council members felt that a new Mayor was necessary to accomplish the change that Woodway voted for.

*I added this word on 6/12 to clarify the outcome.

Note added 5/31: To date, two individuals have taken offense at my use of the term "party line vote" above, so I will clarify here. There have never been and are not now any political parties in Woodway politics, hence my use of quotation marks in the original. I was simply seeking a term that would quickly express the vote of the older versus the newer Council members. It was never my intent to promote non-existent political divisions.

The next items were Adopting Robert's Rules of Order (deferred until June 14th!) and a presentation of a donation of $1765 from the Woodway Youth Commission to the Family Abuse Center. The presentation was touching; this group of kids had hosted a dodgeball tournament to raise the money. Then four well-deserved Yard of the Month awards were presented to the Shannon, Kroll, Perryman and Morris families.

The next agenda item was a presentation by Oncor of the "smart meter" program. This was a good presentation, though (as Don Baker pointed out later) some of the take-home message was left unsaid: the new meters will allow different electric rates to apply at different times of the day (electricity at peak hours will cost more). Later, the City Council members decided to see if we could try out the meters in the near future and report our experiences. I'll keep you posted. But Oncor will be giving a public demonstration at the Woodway HEB on June 17th, so you might want to check it out. The meters are supposed to be installed in Woodway by the end of the summer.

Then there was a time for hearing from visitors. First Mike O'Bric spoke, presenting two requests to the council (that free access to public documents be granted, and that the Police Chief/City Manager be investigated) as part of a 10-minute list of alleged improprieties by the PC/CM Yost Zakhary. Then two volunteers (Bert Hernandez and Ben Selman) spoke of the dedication of the City personnel, especially the police and fire fighters, and what a special place Woodway is (which is certainly true). The new City Council members were invited to attend a training drill. Finally, Rodney Kroll (himself a previous Council member) thanked the City for allowing the Southern Trinity Groundwater District to use the Woodway facilities free of charge, and commended the Public Safety department for outstanding professionalism, especially with respect to response times.

Note: No outrage that the new Council members were going to "shut down the arboretum" materialized. That rumor was apparently untrue. I thank everyone who showed up to support the new City Council. I enjoyed meeting Mildred Taylor of the Sugar Creek area.

The appointments to Woodway councils and commissions were deferred until next week. Some applications appeared to be missing. These will be provided this week and I believe appointments will be made at the next meeting, which is only one week away (May 24th). The approval of the last meeting's minutes was done with abstentions by the new members, since none of us were at that meeting.

The City Manager gave a report that included four items. There were no City Council reports to be presented.

The Council then went into Executive Session (~ 43 minutes) to discuss pending litigation.

The meeting concluded with an Open Meetings resolution and adjournment.

Results of first meeting will be posted tonight

I'll summarize what goes on at tonight's meeting shortly afterwards. There will be some delay, as my "orientation" to City workings by Mr. Zakhary is scheduled to take place after the meeting.

Sunday, May 16, 2010

Support the change you voted for!

I have heard that a high city official may have circulated the rumor that the new City Council members plan to "shut down the Arboretum" or other nonsense. This is a ridiculous charge, and appears designed to stir up opposition against the new members. I understand that there is perhaps an effort underway to pack the first meeting with those that have been misled by these and other lies. If you support the change in Woodway that the new Council members represent, I would encourage you to attend the meeting: Monday, May 17th beginning at 5:30 pm. And please spread the word about this blog site.

Detailed election results...

Below are the detailed results of the May 8th election. There were 1564 voters total, which appears to easily be a Woodway record. Rarely does the public speak so decisively; most Woodway residents are clearly looking for changes to happen. Many thanks to City Secretary Jennifer Canady for so efficiently managing this election despite the record turnout! (these results are also posted at City Hall)



Agenda for May 17th meeting

This is the brief version of the published agenda for the upcoming Woodway City Council meeting (Monday, May 17th, 5:45 pm). A more detailed version is posted on the glass doors at the Woodway City Hall. This meeting is preceeded by an election canvassing meeting at 5:30 pm.

Call to order

Invocation

1. Consider action on appointment of Mayor.

2. Consider action on appointment of Mayor pro tem.

3. Discussion and consider action on Resolution R-10-07 (Rules of Order).

4. Presentation of donation to the Family Abuse Center.

5. Presentation of Yard of the Month Awards for May.

6. Presentation by Mike Cain on Oncor’s “Smart Meters” program.

7. Hear visitors.

8. Discussion/possible action on appointments to Woodway boards and commissions.

9. Consider action on minutes of last meeting (April 26th).

10. City Manager’s Report.

11. City Council Reports.

12. Executive Session (public excluded here)

13. Consider action on the Open Meeting Act Resolution.

14. Consider action on adjournment.

Thursday, May 13, 2010

What to expect at the next City Council meeting

The first meeting following the election is this Monday, May 17th. This meeting will involve some more-or-less ceremonial things and possibly some actual business. Beginning at 5:30 pm, the first order of business is to "canvass" the election results. This is where the existing City Council certifies the vote counts and adopts a resolution declaring the winners. Then at about 5:45 pm, any newly elected Council members are called forward, sworn in and take their places on the Council. At some point during the meeting, the council votes to elect a Mayor and a Mayor pro tem.

There could be other business transacted during this meeting. I understand that the agenda is not completely set (as of this writing), but is likely to include an "executive session" where the Council discusses certain matters privately, that is, without the public present. The Texas Open Meetings Act allows only seven exceptions under which a portion of a City Council meeting may be closed to the public. For a brief summary of the Open Meetings provisions, see here.

The Act also requires that the agenda be posted at least 72 hours before the meeting, and that the meeting be announced on the City's website (which is here). For any subjects not on the agenda, any deliberation or decision about the subject must be limited to: (1) a proposal to place the subject on a future agenda; (2) a statement of factual information; or (3) a recitation of existing policy.

All meetings are held at the new Woodway City Hall, and being open to the public, please consider attending.

Tuesday, May 11, 2010

A blog is born...

This is the beginning of what I hope to be a mutually convenient way to let the residents of Woodway Texas know what are the goings-on at their City Council meetings. Next Monday (May 17th) the newly elected Councilmen (Gil Lillard, Dr. Paul Scibielski, General Bill Weber and myself) will be sworn into office and join the existing members (Don Baker, Scott Giddings and Jane Kittner) on the Woodway City Council. The city faces several important issues that I'll detail in upcoming blogs. Woodway is a great place to live, and the Council's goal is to maintain that quality and make our city an even better place to live. Wish us luck!