[1. CALL TO ORDER – 6:00 PM]
[00:00:03]
EVERYONE IS OFFICIALLY 6:00 PM ON SEPTEMBER 8TH, 2026 FOR THE REGULAR CITY COUNCIL MEETING FOR THE CITY OF BURN TEXAS.
UM, IT'S MY PLEASURE TO INVITE REVEREND DEACON MAGGIE PAUL FROM ST.
HELENA'S EPISCOPAL CHURCH TO LEAD US IN THE CITY OF AFTERNOONS INVOCATION.
REVEREND, THANK YOU VERY MUCH.
YOU HAVE GIVEN US A VISION OF THAT HOLY CITY TO WHICH THE NATIONS OF THE WORLD BRING THEIR GLORY, BEHOLD, AND VISIT.
WE PRAY THE CITIES OF THE EARTH AND ESPECIALLY THE CITY OF BERNIE, RENEW THE TIES OF MUTUAL REGARD WHICH FORM OUR CIVIC, CIVIC LIFE.
SEND US HONEST AND ABLE LEADERS AND SEND DOWN UPON THOSE WHO HOLD OFFICE IN BERNIE, THE SPIRIT OF WISDOM, CHARITY AND JUSTICE THAT WAS STEADFAST PURPOSE.
THEY MAY FAITHFULLY SERVE IN THEIR OFFICES TO PROMOTE THE WELLBEING OF ALL PEOPLE THROUGH JESUS CHRIST OUR LORD.
THANK YOU, REVEREND, YOU PLEASE JOIN ME IN THE PLEDGE OF ALLEGIANCE, THEN THE PLEDGE OF TEXAS FLAG.
I PLEDGE ALLEGIANCE TO THE FLAG, UNITED STATES OF AMERICA INTO REPUBLIC FOR WHICH STANDS OR NATION UNDER GOD, INVISIBLE WITH LIBERTY AND JUSTICE FOR ALL HONOR TEXAS FLAG.
I PLEDGE MEANS BE TEXAS ON STATE UNDER GOD ONE, BE THIS.
[2. CONFLICTS OF INTEREST]
TO AGENDA ITEM NUMBER TWO, CONFLICTS OF INTEREST.COUNCIL MEMBERS, ARE THERE ANY CONFLICTS OF INTEREST ON THE AGENDA THIS EVENING? NO.
[3. EXECUTIVE SESSION IN ACCORDANCE WITH THE TEXAS GOVERNMENT CODE:]
OKAY.WE'RE GONNA MOVE ON TO AGENDA ITEM THREE, A EXECUTIVE SESSION IN ACCORDANCE WITH THIS TEXAS CITY GOVERNMENT CODE A, UH, A 20 26 3 9 2.
WE'RE GONNA ADJOURN TO EXECUTIVE SESSION SECTION 5 5 1 0.071 FOR CONSULTATION WITH THE CITY UR, UH, AUTOMATIC LICENSE PLATE READERS, AND WE'LL OFFICIALLY ADJOURN TO EXECUTIVE SESSION AT 6:02 PM THANK YOU EVERYONE.
[4. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY ACTION RELATING TO THE EXECUTIVE SESSION AS DESCRIBED ABOVE.]
ALL RIGHT.THANK YOU EVERYONE FOR WAITING.
WE OFFICIALLY RECONVENE IN A REGULAR OPEN SESSION WITH CITY COUNCIL MEETING FOR THE BERMINGHAM, TEXAS AT 6:39 PM WE'LL NOW MOVE ON TO AGENDA ITEM
[5. PUBLIC COMMENTS]
NUMBER FIVE, UH, PUBLIC COMMENTS.UH, WE'LL REMIND EVERYONE THAT THE COUNCIL CANNOT INTERACT DURING YOUR THREE MINUTES OF SPEAKING.
YOU'LL HAVE THREE MINUTES WHEN YOU COME TO THE PODIUM TO STATE YOUR FULL NAME AND YOUR ADDRESS.
ONCE YOU'VE DONE THAT, YOU CAN, UH, YOU'LL HAVE YOUR THREE MINUTES.
UM, BUT AGAIN, COUNSEL CANNOT INTERACT BACK WITH YOU.
WE'RE JUST HERE TO LISTEN TO YOUR CONCERNS AND YOUR COMMENTS.
UH, OUR FIRST SPEAKER THIS EVENING IS PATRICK ASHER.
STATE YOUR NAME AND ADDRESS AND YOU'LL HAVE THREE MINUTES, SIR.
I LIVE AT 1 39 DEVON SHIER ROAD, AND I'M THE CREATOR OF DE FLOCK BERNIE.ORG.
I SUPPORT OUR POLICE, THEIR BODY CAMERAS, THEIR TASERS.
THOSE ARE ALL USED ON A PERSON IN A SPECIFIC INCIDENT.
IT PHOTOGRAPHS EVERY CAR THAT PASSES AND STORES A SEARCHABLE HISTORY OF WHERE RESIDENTS GO.
NO WARRANT, NO SUSPICION, NO OPPORTUNITY FOR ME TO OPT OUT.
KENDALL COUNTY, LAST TWO WEEKS AGO, VOTED FIVE TO ZERO TO END THE THEIR CONTRACT.
THE GOVERNOR RECENTLY PAUSED STATE FUNDING FOR FLOCK.
BERNIE PAYS FOR FLOCK OUTTA THEIR GENERAL FUND.
I WAS TOLD THAT THIS WAS ALREADY HANDLED.
AND AN AUGUST 31ST POLICE MEMO, A TEXAS ONLY SHARING A 30 DAY DELETE A WEBPAGE, SOME CASE NUMBERS.
THAT IS THE LAST MINUTE PAPERWORK.
A STAFF MEMO IS NOT A COUNSEL POLICY.
COLLECTING EVERYONE FOR COLLECTING EVERYONE FOR 30 DAYS IS STILL TRACKING A PROMISE TO BE MORE PUBLIC.
NEXT TIME DOES NOT DECIDE THIS BUDGET.
HUNDREDS OF BERNIE RESIDENTS SIGNED A PETITION THOUSANDS ON, ON, ON DEF BERNIE.ORG.
I THINK THEY'RE AT 2040 RIGHT NOW ON THE ON PETITION ON UH, PETITION.ORG, ASKING YOU TO STOP THIS.
THE CAMERAS WENT IN ON A SENTENCE AS, UH, A CONSENT AGENDA.
THE CITIZEN IN INPUT WAS MARKED.
NA, I ASK YOU TO DO FIVE THINGS.
[00:05:01]
20 27 27 BUDGET WITHOUT THE $45,000 FOR FLOCK RENEWAL.TWO, HOLD A PUBLIC WORKSHOP ON THE AXON PACKAGE BEFORE THE NEXT PAYMENT.
ADOPT A WRITTEN COUNCIL POLICY FOR PLATE READERS AND DRONES.
FOUR, OPT THE CITY OUT OF AXONS.
KEEP SURVEILLANCE TECHNOLOGY OFF CONSENT AGENDAS.
DO NOT FUND THE RENEWAL AND HOLD THE WORKSHOP PLEASE.
ALRIGHT, NEXT SPEAKER THAT SIGNED UP IS, UH, JASON CARROLL.
JASON, PLEASE STATE YOUR NAME AND ADDRESS AND YOU'LL HAVE YOUR THREE MINUTES, SIR.
UH, THANK YOU FOR HAVING ME HERE.
MY NAME IS JASON CARROLL AND I LIVE AT 400 ROSEWOOD AVENUE, APARTMENT 1 0 4.
WE'RE HERE TO SPEAK ON FLOCK AND AXON, APRS AND OTHER AI ENABLED CAMERAS.
I HAVE FOUNDED MULTIPLE AI BASED COMPANIES, AND I ADVISE COMPANIES ON AI.
I HAVE NO DOUBT THESE CAMERAS HELP SOLVE CRIMES, BUT SOLVING CRIME IS NOT THE SAME THING AS PREVENTING IT, NOR IS IT THE SAME THING AS SAFETY.
I UNDERSTAND THAT LICENSE PLATES AREN'T PRIVATE.
ONE PLATE ON ONE ROAD AT ONE MOMENT IS PUBLIC.
ANYONE STANDING ON THE CORNER COULD, I'VE SEEN IT, BUT NOBODY STANDS ON EVERY CORNER.
NOBODY WRITES IT ALL DOWN AND NOBODY KEEPS IT FOR MONTHS.
AND THAT'S THE DIFFERENCE BETWEEN WHAT IS OBSERVABLE AND WHAT IS KNOWABLE.
AND YOU HAVE A PORTRAIT WHERE YOU WORSHIP WHAT DOCTOR YOU SEE, WHOSE DRIVEWAY YOUR CAR SAT IN OVERNIGHT.
OUR LIBERTIES DON'T DEPEND ON US HIDING.
THEY DEPEND ON THE FACT THAT NOBODY IS COMPILING, WHICH IS WHAT MAKES THESE SYSTEMS A VIOLATION OF OUR LIBERTIES.
AND LIBERTY CONNECTS DIRECTLY TO TRUST.
NEIGHBORS LOOK OUT FOR EACH OTHER.
AND WE TRUST LAW ENFORCEMENT THAT TRUST IS ITSELF PUBLIC SAFETY INFRASTRUCTURE.
THESE SYSTEMS, HOWEVER, MOVE OUR PERSPECTIVE FROM OUR POLICE ARE WATCHING OUT FOR US TO, OUR POLICE ARE WATCHING US.
AND WHEN TRUSTEE RHODES COOPERATION ROADS WITH IT, THAT MEANS FEWER PEOPLE HELPING PREVENT CRIME AND FEWER PEOPLE HELPING SOLVE IT.
AS EXPENSIVE AS A DECADE LONG, MULTIMILLION DOLLAR CONTRACT IS THE EXPENSE OF BREAKING TRUST IS FAR GREATER.
YES, CAMERAS MAY HELP SOLVE CRIME, BUT IF WE WEAKEN SOMETHING THAT HELPS PREVENT IT, HAVE WE ACTUALLY MADE BERNIE SAFER? NO.
DON'T APPROVE, RENEW, EXPAND OR FUND A CITYWIDE NETWORK THAT AGGREGATES OUR CITIZENS' MOVEMENTS.
WE COULD ALWAYS BUY TECHNOLOGY LATER, BUT WE'LL NEVER BE ABLE TO BUY BACK THE BERNIE THAT NEVER NEEDED IT IN THE FIRST PLACE.
ALRIGHT, OUR NEXT SPEAKER IS EMILY HAMLEY.
EMILY STATE YOUR NAME AND ADDRESS AND YOU'LL HAVE YOUR THREE MINUTES, PLEASE.
EMILY HAMBI IRVINE 1 0 5 SPRING VALLEY COVE.
I'M ASKING YOU DENY NOT TO APPROVE FUNDING IN THIS BUDGET FOR THE EXPANSION OF AXONS SURVEILLANCE TECHNOLOGY, I'M DEEPLY DISAPPOINTED THAT SOMETHING THAT'S SIGNIFICANT HAS ALLOWED, HAS BEEN ALLOWED TO MOVE FORWARD IN BURNING WITH VIRTUALLY NO MEANINGFUL PUBLIC DISCUSSION OR INPUT FROM THE CITIZENS WHO WILL LIVE UNDER IT AND PAY FOR IT.
I WANNA BE CLEAR THAT I ALSO SUPPORT THE POLICE.
I SUPPORT BODY CAMERAS, BUT THIS ISN'T ABOUT BODY CAMERAS ANYMORE.
AXON IS BUILDING AN INTERCONNECTED PUBLIC SAFETY ECOSYSTEM THAT CAN INCLUDE FIXED CAMERAS, LICENSE PLATE READERS, DRONES, 9 1 1, AND DISPATCH INFORMATION, ARTIFICIAL INTELLIGENCE AND SEARCHABLE DATA.
BARNEY HAS ENTERED INTO A 10 YEAR AXON AGREEMENT WORTH MORE THAN $3 MILLION.
HOW DID WE MAKE A 10 YEAR COMMITMENT INVOLVING TECHNOLOGY WITH POTENTIALLY ENORMOUS PRIVACY IMPLICATIONS WITHOUT FIRST HAVING A SERIOUS PUBLIC CONVERSATION ABOUT WHERE THE BOUNDARIES SHOULD BE? AS A MOTHER, I DON'T WANT THE GOVERNMENT CREATING A SEARCHABLE RECORD OF ME TAKING MY CHILDREN TO AND FROM SCHOOL.
I DON'T WANT MY MOVEMENTS RECORDED FROM WHEN I GO TO HEB TO CHURCH.
MY CHILD'S VOLLEYBALL GAME, A DOCTOR'S APPOINTMENT OR A FRIEND'S HOUSE.
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OF A CRIME.NEITHER ARE THE OVERWHELMING MAJORITY OF THE CITIZENS DRIVING PAST THESE CAMERAS EVERY DAY.
AND NOW WE'RE SUPPOSED TO TRUST ARTIFICIAL INTELLIGENCE WITH INCREASINGLY POWERFUL SYSTEMS. HAVE WE ACTUALLY LOOKED AT AI'S TRACK RECORD? EXXON'S OWN AI POLICE REPORT TECHNOLOGY HAS PRODUCED INACCURATE NAMES AND LICENSE PLATES.
KING COUNTY PROSECUTORS IN WASHINGTON STATE REPORTED AI PLACING OFFICERS AT CRIME SCENES WHEN THEY HAD ACTUALLY ONLY PARTICIPATED OVER THE RADIO.
MANCHESTER, NEW HAMPSHIRE STOPPED USING AXONS DRAFT ONE AFTER OFFICERS HAD TO CORRECT INACCURACIES AND ADD INFORMATION.
THE I AI MISSED AND AI MISTAKES CAN HAVE DEVASTATING CONSEQUENCES.
ANGELA LIPS SPENT MORE THAN FIVE MONTHS IN JAIL AFTER FACIAL RECOGNITION TECHNOLOGY INCORRECTLY CONNECTED HER TO CRIMES IN A STATE SHE SAID SHE HAD NEVER VISITED.
SURVEILLANCE TECHNOLOGY CAN ALSO BE ABUSED BY THE HUMANS WHO CONTROL IT.
JUST TODAY, THE MAYOR OF COLUMBUS, OHIO PAUSED THE CITY'S USE OF FLOCK LICENSE PLATE READERS FOLLOWING ANOTHER REPORTED MISUSE AND ORDERED AN AUDIT.
I DO AGREE WITH THE OTHER GENTLEMEN.
THERE ARE LOTS OF THINGS TO CONSIDER HERE.
BERNIE CITIZENS DESERVE A VOICE AND A DECISION.
THIS CONSEQUENTIAL, WE STILL DESERVE ONE.
PLEASE DO NOT APPROVE THIS FUNDING UNTIL THERE IS A TRANSPARENT PUBLIC DISCUSSION AND ENFORCEABLE SAFEGUARDS.
OUR NEXT SPEAKER TO SIGN UP WOULD BE, UH, NICOLE BISHOP.
NICOLE, PLEASE COME FORWARD TO STATE YOUR NAME AND ADDRESS AND YOU'LL HAVE YOUR THREE MINUTES.
I'M YOUR CRIMINAL DISTRICT ATTORNEY.
UM, I WOULD RATHER NOT STATE MY ADDRESS, UH, FOR PRIVACY REASONS.
HOWEVER, UM, YOU HAVE TO
SO, UM, ANYWAY, SO, UM, MAYOR COUNCIL MEMBERS, AS YOU CONSIDER THE CITY OF BERNIE'S USE OF FLOCK LICENSE PLATE READERS, I ASK YOU TO MAKE THE DECISION BASED ON EVIDENCE, PARTICULARLY THE EVIDENCE OF HOW THIS TECHNOLOGY HAS ACTUALLY BEEN USED IN OUR COMMUNITY.
THERE ARE LEGITIMATE QUESTIONS SURROUNDING ANY LAW ENFORCEMENT TECHNOLOGY, PRIVACY, DATA SECURITY, ACCESS AND ACCOUNTABILITY MATTER.
BUT IT IS EQUALLY IMPORTANT TO UNDERSTAND WHAT THIS TECHNOLOGY IS AND WHAT IT IS NOT.
THESE CAMERAS ARE NOT CONTINUOUS VIDEO SURVEILLANCE.
THEY ARE NOT GPS TRACKERS AND THEY DO NOT USE FACIAL RECOGNITION.
THEY TAKE SNAPSHOTS OF VEHICLES AND LICENSE PLATES TRAVELING ON PUBLIC ROADWAYS IN PUBLIC PLACES, INFORMATION ALREADY EXPOSED TO PUBLIC VIEW.
THAT DISTINCTION IS IMPORTANT.
COURTS HAVE LONG RECOGNIZED THAT WHAT A PERSON KNOWINGLY EXPOSES TO PUBLIC VIEW DOES NOT CARRY THE SAME REASONABLE EXPECTATION OF PRIVACY AS WHAT OCCURS IN A PRIVATE PLACE.
A LICENSE PLATE DISPLAYED ON A VEHICLE TRAVELING DOWN A PUBLIC STREET IS BY ITS VERY NATURE VISIBLE TO THE PUBLIC AND TO LAW ENFORCEMENT.
THAT DOESN'T MEAN THERE SHOULD BE NO SAFEGUARDS ON HOW THE INFORMATION IS USED.
AND FLOCK PROVIDES AN AUDIT TRAIL FOR THAT VERY REASON.
WE SHOULD ALSO EVALUATE CYBERSECURITY BASED ON EVIDENCE.
TO DATE, I AM NOT AWARE OF A DOCUMENTED CASE WHERE A HACKER BREACHED FLOCKS PRODUCTION A LPR PLATFORM AND OBTAINED LAW ENFORCEMENT CONSUMER DATA.
WE SHOULD EVALUATE THE RISKS AND THE ACTUAL THAT ACTUALLY EXIST, PUT SAFEGUARDS IN PLACE TO ADDRESS THOSE RISKS AND HOLD ANYONE WHO MISUSES THE SYSTEMS ACCOUNTABLE.
BUT WE SHOULD NOT MAKE PUBLIC SAFETY DECISIONS BASED ON THE POSSIBILITY OF A CYBERSECURITY BREACH THAT TO DATE HAS NOT OCCURRED.
FLOCK'S DEFAULT RETENTION PERIOD IS SEVEN DAYS FOR MANY CRIMINAL INVESTIGATIONS.
30 DAYS PROVIDES LAW ENFORCEMENT A REASONABLE INVESTIGATIVE WINDOW.
AND WE KNOW THIS TECHNOLOGY HAS VALUE.
FLOCK HAS MATERIALLY ASSISTED LOCAL INVESTIGATIONS INVOLVING KIDNAPPING, MANSLAUGHTER, SEX OFFENDERS, BURGLARY, ORGANIZED THEFT, AND EVADING ARREST.
WE HAVE EVEN SEEN NEIGHBORHOODS WHERE VEHICLE BURGLARIES IN THIS CITY WERE ELIMINATED COMPLETELY.
SO IT DOES PREVENT CRIME AFTER THESE CR THESE CAMERAS WENT UP.
YOU MAY ALSO HEAR ABOUT PEOPLE IN OTHER JURISDICTIONS WHO MISUSED FLOCK.
THESE INCIDENTS ARE SERIOUS, BUT THOSE PEOPLE WERE CAUGHT.
THOSE INCIDENTS PROVE THAT THE PREVENTATIVE MEASURE USED BY THE SOFTWARE ITSELF TO IDENTIFY MISUSE WORK, OTHERWISE, WE WOULD NOT KNOW ABOUT THEM.
SEARCHES LEAVE AN AUDIT TRAIL MISUSE CAN BE DISCOVERED AND INVESTIGATED AND PUNISHED.
THOSE CASES DON'T DEMONSTRATE ACCOUNTABILITY DOESN'T WORK.
THEY DEMONSTRATE WHY AUDIT TRAILS DO WORK.
AND TO MY KNOWLEDGE, THERE HAS BEEN NO DOCUMENTED MISUSE BY OUR LOCAL LAW ENFORCEMENT.
ULTIMATELY, WITH THIS COUNCIL'S MOST FUNDAMENTAL, FUNDAMENTAL RESPONSIBILITY IS SAFETY AND SECURITY OF THOSE CITIZENS.
SO BEFORE DECIDING WHETHER BERNIE SHOULD CONTINUE USING THESE CAMERAS, ASK YOURSELF THIS QUESTION.
[00:15:01]
CITIZENS OF BERNIE SAFER? OR WILL IT MAKE THEM LESS SAFE? WE CAN PROTECT PRIVACY.WE DEMAND ACCOUNTABILITY, AND WE CAN GIVE LAW ENFORCEMENT THE TOOLS THEY NEED TO PROTECT OUR COMMUNITY.
AND OUR FINAL SPEAKER THIS EVENING IS ANDREW FIELDS.
I'M ALSO, I'M THE, I'M YOUR SPECIAL VICTIMS PROSECUTOR HERE IN KENDALL COUNTY.
I WOULD PREFER NOT TO GIVE MY ADDRESS.
UM, I HAVE BEEN A PROSECUTOR FOR ALMOST 16 YEARS.
I WAS A PROSECUTOR IN SAN ANTONIO FOR 13 YEARS, AND I'VE BEEN HERE FOR THE LAST THREE YEARS HANDLING ALL OF THE HORRIFIC CRIMES THAT HAPPEN AGAINST CHILDREN AND WOMEN.
UM, WHAT I WANTED TO TALK TO YOU ABOUT IS, IS I'VE SEEN, COMPARED TO MY TIME IN SAN ANTONIO, THERE'S A DRASTIC DIFFERENCE IN WHAT WE'VE SEEN IN BERNIE VERSUS WHAT I'VE SEEN IN SAN ANTONIO.
BUT WHAT I HAVE SEEN IS CRIME INCREASING AND HAD TO GO SPEAK TO ACOG RECENTLY ABOUT HOW OUR CRIME IS INCREASING IN KENDALL COUNTY.
UM, AND, UH, FROM 2023 THERE WERE 479 FELONY ARREST.
TWENTY TWENTY FOUR, SIX HUNDRED AND THIRTY.
AND I'LL TELL YOU FROM MY EXPERIENCE PROSECUTING THESE CRIMES IN THIS COUNTY, WE'VE HAD E EVEN TWO WEEKS AGO WHEN I SPOKE IN FRONT OF THE COMMISSIONER'S COURT, WE HAD FIVE CASES WHERE I'VE HAD SEX OFFENDERS CAUGHT ON FLOCK CAMERAS, SEX OFFENDERS WHO DON'T LIVE IN OUR COUNTY.
ONE OF 'EM DID, THE OTHER ONES DIDN'T.
UM, AND FOR WHATEVER REASON, I DON'T KNOW WHY THEY'RE COMING TO BERNIE.
I THINK A LOT OF PEOPLE COME HERE 'CAUSE THEY CAN GET AWAY FROM THE CITIES WHERE THEY'RE GETTING TRACKED.
UM, BUT THEY COME HERE AND OUR FLOCK CAMERAS HELP US TRACK THEM.
AND WE'VE CAUGHT FIVE DIFFERENT FUGITIVES IN OUR COUNTY, UM, SEX OFFENDERS.
UH, AND WE'VE PROSECUTED ALL OF THEM.
UM, I WAS, I HAD ONE THING I WANTED TO SAY TODAY, AND IT CHANGED THIS MORNING, AND THIS IS HONEST TRUTH.
THIS MORNING WE GOT A PHONE CALL FROM A VICTIM WHO, UH, UH, HER HUSBAND TRIED TO KILL HER FIVE YEARS AGO HERE IN BERNIE.
HER HUSBAND GOT SENT TO PRISON.
HE JUST GOT RELEASED ON PAROLE THIS SUMMER.
SHE HAD HER FRIENDS CALL HER THIS WEEKEND AND SAID, UM, HE'S IN TOWN.
YOU NEED TO TAKE CARE OF YOURSELF.
SO SHE COMES TO US AND SHE GOES, I'VE GOT A PROTECTIVE ORDER.
YOU KNOW, I, I THOUGHT HE CAN'T COME NEAR US.
I SAID, WELL, AT THE END OF THE DAY, WE ALL KNOW PROTECTIVE ORDER IS JUST A SHEET OF PAPER.
BUT I CALLED THE SPECIAL VICTIMS' DETECTIVE AT KENDALL COUNTY, UH, I MEAN AT, AT BPD AND ASKED LIKE, HEY, YOU HAVE FLOCK ACCESS, UM, WOULD YOU MIND LOOKING THIS GUY UP? AND SHE GOES, YEAH, I NEED HIS CASE NUMBER FROM WHEN HE GOT SENT TO PRISON.
I NEED THE CASE NUMBER WHERE SHE CALLED THE POLICE THIS WEEKEND.
I NEED THAT PROTECTIVE ORDER NUMBER AND I NEED HIS INFORMATION.
AND WITHOUT THAT I CAN'T GO LOOK HIM UP.
SO SHE NEEDED THE CASE NUMBER THAT SOMEBODY ACTUALLY CALLED THE POLICE ON HIM TO GO LOOK HIM UP IN THE FLOCK SYSTEM.
AND WE FOUND HIM AND HE'S IN TOWN.
HE WAS IN TOWN OVER THE WEEKEND.
UH, WE HAVE, YOU KNOW, JOINT COOPERATIONS WITH OTHER FLOCK SYSTEMS AND WE WERE ABLE TO SEE THAT IN NEW BRAUNFELS YESTERDAY AFTERNOON.
HE LEFT AND SHE WAS ABLE TO SLEEP WELL TONIGHT BECAUSE WE WERE ABLE TO SEE THAT.
YEAH, WHILE HE WAS IN TOWN THIS WEEKEND, FOR WHATEVER REASON, WE DON'T KNOW HE LIVES IN DALLAS.
UM, WE SAW THAT HE LEFT AND WAS LEAVING TOWARDS, YOU KNOW, I 35 PROBABLY GO BACK TO DALLAS.
AND SO SHE CAN SLEEP WELL TONIGHT.
WE KNOW THAT BECAUSE WE HAVE FLOCK CAMERAS.
WE ALSO KNOW THAT IF HE WERE UM, STILL IN TOWN, WE'D PROBABLY STILL BE ABLE TO SEE HIM ON FLOCK CAMERAS.
AND THAT COULD BE A LEGITIMATE MURDER THAT WE WOULD HAVE IN KENDALL COUNTY.
ONE THAT I HAVE NOT SEEN IN THE THREE YEARS THAT I'VE WORKED HERE, AND ONE THAT I HOPE WE DON'T SEE.
UM, BUT I WOULD ASK Y'ALL TO KEEP THESE FLOCK CAMERAS.
THERE ARE GOOD PROTECTIONS ON 'EM.
AND I THINK ANY CITIZEN WHO'S VOTING FOR Y'ALL WOULD SAY, LET'S GET OUR SEX OFFENDERS IN OUR MURDERS OUT OF THIS COUNTY.
ALRIGHT, THAT IS OUR LAST SPEAKER OF THE SCENE FOR PUBLIC COMMENTS.
UM, IF ANYONE WOULD LIKE TO COME FORWARD AND SPEAK THAT HASN'T SIGNED UP, I'LL GIVE YOU AN OPPORTUNITY TO COME FORWARD AND STATE YOUR NAME AND ADDRESS.
UM, I, UM, WANT TO THANK COUNCILMAN BATEMAN FOR TAKING MY CONCERN SERIOUSLY IN ACKNOWLEDGING THIS SUBJECT, UM, THAT THE SUBJECT DESERVES PUBLIC DISCUSSION.
RATHER THAN APPROVAL THROUGH A CONSENT AGENDA, BERNIE CURRENTLY HAS A SEPARATE FIVE YEAR, $225,000 AGREEMENT WITH FLOCK SAFETY FOR LICENSE PLATE READER CAMERAS.
WE NOW HAVE A FLOCK TRANSPARENCY PORTAL, AND I APPRECIATE THE ATTEMPT AT TRANSPARENCY.
HOWEVER, THAT PORTAL IS HOSTED BY FLOCK THE CAMERA PROVIDING THE TECHNOLOGY.
IT DOES NOT REPLACE INDEPENDENT OVERSIGHT OR A POLICY FORMALLY ADOPTED BY OUR CITY COUNCIL.
I AM NOT SUGGESTING THAT OUR POLICE DEPARTMENT INTENDS TO MISUSE THE SYSTEM.
MY CONCERN IS THAT I DO NOT BELIEVE MISUSE CAN EVER BE COMPLETELY PREVENTED.
ONCE THIS AMOUNT OF SEARCHABLE INFORMATION IS COLLECTED AND MADE ACCESSIBLE POLICIES MAY REDUCE THAT RISK, BUT THEY CANNOT ELIMINATE IT.
EMPLOYEES CHANGE, LEADERSHIP CHANGES, VENDOR PRACTICES CHANGE.
ACCESS CAN BE ABUSED, CREDENTIALS CAN BE COMPROMISED, AND THE INFORMATION
[00:20:01]
CAN BE SHARED BEYOND ITS ORIGINAL PURPOSE.THE ONLY WAY TO ELIMINATE THAT RISK IS NOT TO COLLECT AND STORE THE INFORMATION IN THE FIRST PLACE.
THESE CAMERAS DOCUMENT THE MOVEMENTS OF THOUSANDS OF PEOPLE WHO ARE NOT SUSPECTED OF COMMITTED COMMITTING ANY CRIME.
I DO NOT BELIEVE RESIDENTS SHOULD BE REQUIRED TO SURRENDER THAT DEGREE OF PRIVACY BASED ONLY ON ASSURANCES THAT THAT INFORMATION WILL BE USED RESPONSIBLY.
THE AXON CONTRACT RAISES SIMILAR CONCERNS BECAUSE IT REPORTEDLY INCLUDES MOBILE LICENSE PLATE READERS, FUSS, CAMERA INTEGRATION, AI TOOLS, AND DRONE TECHNOLOGY.
HOW DO THESE SYSTEMS INTERACT WITH FLOCK? WHO CAN ACCESS THAT? THE COMBINED INFORMATION.
WHAT PREVENTS TODAY'S LIMITED USE FROM BECOMING TOMORROW'S EXPANDED SURVEILLANCE NETWORK? KENDALL COUNTY COMMISSIONERS LISTENED TO RESIDENTS AND UNANIMOUSLY CHOSE NOT TO RENEW THEIR FLOCK.
ARIE GOVERNOR ABBOT ABBOTT HAS HALTED STATE FUNDING FOR FLOCK CAMERAS.
I BELIEVE BERNIE SHOULD TAKE THOSE DECISIONS SERIOUSLY AND FOLLOW THE COUNTY'S LEAD.
I SUPPORT OUR POLICE DEPARTMENT BODY CAMERAS AND TASERS, BUT I DO NOT SUPPORT GOVERNMENT SYSTEMS THAT CONTINUOUSLY COLLECT INFORMATION ABOUT THE MOVEMENTS OF PEOPLE WHO ARE NOT SUSPECTED OF A CRIME.
I AM ASKING COUNSEL TO PLACE THIS MATTER ON AN ACTION AGENDA.
DECLINE TO RENEW THE FLOCK AGREEMENT AND EXAMINE EVERY AVAILABLE OPTION TO DISABLE OR REMOVE THE LICENSE PLATE READER AND RELATED SURVEILLANCE COMPONENTS FROM THE AXON CONTRACT WHILE RETAINING LEGITIMATE OFFICER SAFETY EQUIPMENT.
SO DO PRIVACY AND FREEDOM FROM UNNECESSARY GOVERNMENT SURVEILLANCE.
WE SHOULD NOT HAVE TO SACRIFICE ONE TO PROTECT THE OTHER.
[6. CONSENT AGENDA]
TO AGENDA SIX, A CONSENT AGENDA.COUNCIL MEMBERS, DO YOU HAVE ANY QUESTIONS OR CONCERNS? CONSENT AGENDA ITEMS SIX A THROUGH SIX F IF NOT, CAN I GET A MOTION? I HAVE NO IDEA WHAT HAPPENED WITH MY THING.
YEAH, I MOVE THAT WE APPROVE CONSENT AGENDA XA THROUGH F AS LAID OUT IN THE AGENDA.
SECOND FROM COUNCIL MICKELSON, PLEASE VOTE.
A LITTLE TECHNICAL DIFFICULTY.
ALRIGHT, CAN I GET A VERBAL CONFIRMATION ON A CONSENT AGENDA? ALL IN FAVOR.
CONSENT AGENDA PASSES AS IS AGENDA SIX A THROUGH SIX F.
WE'LL MOVE INTO OUR REGULAR CITY COUNCIL MEETING NOW.
WE'RE GONNA START WITH, UH, AGENDA ITEM SEVEN, PRESENTATIONS, PUBLIC HEARINGS AND ORDINANCES.
I'M GONNA INVITE SARAH BLU TO COME UP AND, AND DISCUSS AGENDA ITEM SEVEN A THROUGH
[7.A 2026-382 PRESENTATION, PUBLIC HEARING AND CONSIDER ON SECOND READING ORDINANCE NO. 2026-05; AN ORDINANCE ADOPTING THE ANNUAL BUDGET FOR THE CITY OF BOERNE, TEXAS, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2026, AND ENDING SEPTEMBER 30, 2027, IN ACCORDANCE WITH CHAPTER 102, LOCAL GOVERNMENT CODE; AND APPROPRIATING THE VARIOUS AMOUNTS THEREOF. (Ordinance adopting the budget)]
SEVEN C.THEN WE'LL GO BACK AND VOTE ON THOSE ALL SEPARATELY.
THIS IS, OH, IT WENT HAVING SOME TECHNICAL DIFFICULTIES.
THIS IS HOW THIS ITEM ALIGNS WITH OUR STRATEGY MAP.
AS WE DISCUSSED, UM, THIS EVENING, THIS ONE PRESENTATION IS GOING TO BE COVERING THREE ACTION ITEMS AND TWO PUBLIC HEARINGS.
AFTER THIS PRESENTATION, WE'LL MOVE, UH, DIRECTLY INTO THE PUBLIC HEARING ON THE BUDGET, FOLLOWED BY THE SECOND READING OF THE ORDINANCE TO ADOPT THE BUDGET AFTER THAT IS AN ACTION ITEM TO RATIFY THE PROPERTY TAX REVENUE INCREASE REFLECTED IN THE BUDGET.
THAT ITEM IS JUST A LEGISLATIVELY, UM, REQUIRED ITEM THAT ANYTIME YOU HAVE A BUDGET THAT GENERATES MORE PROPERTY TAX REVENUE ONE YEAR OVER THE OTHER, YOU'RE REQUIRED LEGALLY TO HAVE THAT ACTION ITEM.
THEN WE'LL MOVE INTO THE SECOND PUBLIC HEARING ON THE ADOPTION OF THE TAX RATE AND THE SECOND READING OF THE ORDINANCE TO ADOPT
[00:25:01]
THE TAX RATE.FOR ANYONE THAT WANTS TO FIND OUT MORE INFORMATION ABOUT OUR BUDGET, LOOK AT OUR BUDGET DOCUMENT OR SEE ANY OF THE PAST, UH, DISCUSSIONS THAT WE'VE HAD.
WE HAVE A LINK ON THE HOMEPAGE OF OUR WEBSITE THAT TAKES YOU TO AN OVERALL BUDGET PAGE THAT GOES THROUGH ALL OF OUR PAST DISCUSSIONS AND LOTS OF DOCUMENTS AND INFORMATION.
SO, KICKING OFF THE PRESENTATION THIS SUMMER, WE'VE HAD A LOT OF DISCUSSIONS AROUND THE BUDGET, VERY DETAILED WORKSHOPS, A LOT OF GOOD DISCUSSION, AND ACTUALLY THIS PROCESS STARTED ALMOST A YEAR AGO BACK IN NOVEMBER.
TONIGHT'S PRESENTATION IS NOT GONNA GO AS DEEP AS THOSE IN DEPTH CONVERSATIONS THAT WE'VE HAD IN THE PAST, AND IT'S ACTUALLY GONNA BE THE EXACT SAME PRESENTATION THAT WE HAD LAST COUNCIL MEETING.
AND THE PURPOSE FOR THAT IS THE FIRST SET OF PUBLIC HEARINGS.
WE WANNA MAKE SURE THAT ANYBODY THAT PARTICIPATED OR LISTENED TO THOSE PUBLIC HEARINGS IS GETTING THE SAME INFORMATION AS THOSE THAT ARE PARTICIPATING OR HEARING IN THIS SECOND SET OF PUBLIC HEARINGS.
SO WHAT WE'VE DONE IS WE'VE PULLED TOGETHER THE MOST IMPORTANT HIGHLIGHTS FROM THOSE PAST DISCUSSIONS SO THAT WE CAN GIVE A HIGH LEVEL COMPLETE PICTURE OF THE PROPOSED BUDGET AS WE MOVE FORWARD.
THESE ARE THE TOP FIVE PRIORITIES THAT GUIDED US AS WE BUILT THE BUDGET THIS YEAR.
WE TOOK A VERY CONSERVATIVE STANCE, UM, IN OUR BUDGET AT BALANCING RISING COSTS IN AN ECONOMIC ENVIRONMENT OF MODERATING REVENUE, ALL WHILE LEANING TOWARDS STRENGTHENING OUR SERVICE OFFERINGS AND MAINTAINING OUR EMPLOYER CHOICE STATUS.
ADDITIONALLY, WE'RE NOT TAKING OUR FOOT OFF THE GAS PEDAL WHEN IT COMES TO ADVANCING OUR STRATEGIC AND CAPITAL, UM, INFRASTRUCTURE PROJECTS AND KEEPING OUR BOND PROJECTS ON TRACK.
THIS IS THE HIGH LEVEL, THE HIGHEST LEVEL OF NUMBERS THAT YOU CAN GET ON OUR BUDGET.
IT'S ON OUR BUDGET INFOGRAPHIC.
UM, BOTTOM LINE OF THE ENTIRE ANNUAL BUDGET IS ABOUT $164 MILLION, WHICH IS A 7.7% DECREASE OVER LAST YEAR.
THE TAX RATE THAT WE'RE PROPOSING IS A, UM, OF SMALL, LESS THAN THREE QUARTERS OF A PENNY INCREASE IN THE TAX RATES.
THE FOUR OTHER GREEN BOXES, THERE ARE BREAKOUTS OF THAT TOTAL $164 MILLION BUDGET BY HOW WE FUNCTIONALLY USE THE MONEY.
AND WE'LL GO THROUGH THOSE IN DETAIL IN JUST A MOMENT.
THIS SLIDE GIVES YOU A VISUAL PICTURE OF HOW OUR BUDGET IS BROKEN OUT LEGALLY.
SO WHENEVER YOU LOOK AT OUR BUDGET DOCUMENT ONLINE, THIS IS HOW YOU'RE GONNA SEE IT.
YOU'RE GONNA SEE ALL THE MONEY GROUPED BY WHAT THE FUNDS ARE.
SO AT A HIGH LEVEL, THE TOTAL $164 MILLION IS BROKEN OUT BETWEEN FOUR DIFFERENT CATEGORIES.
THERE'S THE GENERAL FUNDS OF ABOUT 41 MILLION DEBT SERVICE OF 5.5 SPECIAL REVENUE FUNDS OF ABOUT 31 AND UTILITY OR BUSINESS-LIKE FUNDS OF ALMOST 87 MILLION.
SO STARTING OUT WITH THE GENERAL FUNDS, THESE ARE WHAT YOU THINK OF AS YOUR CORE GOVERNMENTAL SERVICES.
SO POLICE, FIRE, PUBLIC SAFETY, LIBRARY PARKS.
UM, IT'S INTERESTING TO KNOW, WE LIKE TO BREAK IT OUT THIS WAY.
I HAVE A BOX THERE THAT SAYS M AND O TAXES.
THERE'S TWO COMPONENTS OF YOUR PROPERTY TAX RATE.
YOU HAVE YOUR MAINTENANCE AND OPERATION PORTION, OR WE CALL IT M AND O FOR SHORT.
AND YOU HAVE INTEREST IN S SINKING INS, WHICH IS YOUR DEBT TAX RATE.
SO THE FIRST ONE WE'RE TALKING ABOUT IS M AND O TAXES.
AND M AND O TAXES FUND THE GENERAL FUNDS.
THEY DON'T FUND ANY OF THE OTHER FUNDS.
THEY'RE BY NO MEANS THE ONLY REVENUE SOURCE THAT FUND THE GENERAL FUNDS, BUT M AND O TAXES ONLY FUND THOSE GENERAL FUNDS.
SO THE SECOND PART OF YOUR PROPERTY TAXES ARE YOUR DEBT RATE OR YOUR INTEREST IN SINKING FUND.
AND THAT ONLY FUNDS THE DEBT SERVICE FOR YOUR UPCOMING DEBT PAYMENTS IN THE UPCOMING YEAR.
SO THOSE TWO RATES COMBINE EQUAL YOUR TOTAL PROPERTY TAXES.
DEBT SERVICE IS ACTUALLY A SPECIAL REVENUES FUND, WHICH WE'LL TALK ABOUT NEXT, BUT I BREAK IT OUT HERE ON PURPOSE JUST SO WE CAN TALK THROUGH WHERE PROPERTY TAXES GET SOURCED AND HOW THEY, WHAT THEY FUND SPECIFICALLY.
SO THE NEXT CATEGORY IS SPECIAL REVENUE FUNDS.
AND THIS IS WHERE YOU HAVE FUNDS A REVENUE THAT COME IN THAT'S RESTRICTED FOR A CERTAIN PURPOSE.
SO FOR INSTANCE, HOTEL MOTEL FUND, YOUR HOTEL MOTEL TAXES HAVE TO BE USED ONLY LEGALLY FOR A CERTAIN PURPOSE.
SO THEY'RE ONLY IN THE HOTEL MOTEL FUND.
THEY ONLY FUND THE HOTEL MOTEL FUND.
LIKEWISE, OUR CEMETERY HAS A CEMETERY ENDOWMENT THAT CAN ONLY BE USED TO SERVICE THE CEMETERY.
AND SO THOSE FUNDS ARE IN THE CEMETERY FUND.
LASTLY, WE HAVE OUR UTILITY OR BUSINESS TYPE FUNDS.
THOSE ARE A LITTLE OVER HALF OF OUR BUDGET, ABOUT 53%.
THOSE ARE NOT PAID FOR BY PROPERTY TAXES AT ALL.
THOSE ARE PAID FOR BY SERVER SERVICE BASED FEES AND CHARGES TO RESIDENTS THAT USE THOSE SERVICES.
SO ELECTRIC, UM, CUSTOMERS, THE REVENUE BROUGHT IN IS FROM USING THOSE SERVICES.
SO THIS IS ANOTHER WAY OF LOOKING AT THE BUDGET.
IT'S IT'S THE SAME BUDGET, UM, BROKEN OUT A LITTLE BIT DIFFERENTLY.
UM, IT'S ORGANIZED AROUND HOW WE ACTUALLY MANAGE THE DOLLARS.
SO YOU, THE FIRST COLUMN SHOWS WHAT OUR FISCAL YEAR 2026
[00:30:01]
ADOPTED BUDGET WAS COMPARED TO THE SECOND COLUMN FISCAL YEAR 2027.YOU'LL NOTICE THAT $163.9 MILLION IS THE COMMON, THE COMMON NUMBER YOU'VE SEEN BEFORE AND FAR OFF TO THE RIGHT.
THAT 7.7% DECREASES WHAT WE TALKED ABOUT TWO SLIDES AGO.
BOTTOM LINE, THE FOUR BLUE LINES BELOW THAT ARE THOSE DIFFERENT CATEGORIES OF HOW WE MANAGE OUR DOLLARS.
SO THE FIRST CATEGORY, GENERAL FUND OPERATIONS, THAT IS WHAT YOU THINK OF AS YOUR OPERATING COSTS OF RUNNING THE GOVERNMENT.
SO TRAINING, MAINTENANCE, SUPPLIES, PROFESSIONAL SERVICES, THE THINGS THAT DEPARTMENT HEADS ACTUALLY HAVE, UM, AGENCY AND AUTHORITY OVER OF HOW TO SPEND.
ADDITIONALLY COMBINED WITH THOSE ARE OUR CAPITAL PROJECTS BECAUSE OF COURSE WE CAN MANAGE OUR PROJECT SCHEDULES AND WE HAVE, WE HAVE CONTROL OVER HOW WE MANAGE THOSE FUNDS.
SO THAT FIRST CATEGORY PUTS TOGETHER ALL THE GOVERNMENTAL FUNDS.
SECOND CATEGORY IS UTILITY, THE SAME PREMISE.
WE HAVE OUR OPERATING EXPENSES AND WE HAVE OUR CAPITAL PROJECTS.
SO THAT GIVES YOU AN IDEA OF THE GROUP OF MONEY THAT WE ACTUALLY KIND OF HAVE CONTROL OVER HOW WE SPEND IT.
THE THIRD CATEGORY IS THE REST OF THOSE SPECIAL REVENUE FUNDS.
SO THE ONES THAT HAVE TO BE USED FOR A SPECIFIC PURPOSE THAT WE'VE PULLED OUT SEPARATELY.
AND THEN NON-OPERATIONAL COSTS.
SO NON-OPERATIONAL COSTS ARE EXPENSES THAT AREN'T PART OF A DEPARTMENT'S NORMAL DAY-TO-DAY ACTIVITIES.
THEY'RE THINGS LIKE MONEY TRANSFERS BETWEEN THE FUNDS OR, UH, DEBT RELATED COSTS OR OTHER FINANCIAL TRANSACTIONS THAT ARE BUDGETED FOR SEPARATELY, BUT THAT DE DEPARTMENT HEADS OPERATIONALLY DON'T HAVE ANY CONTROL OVER.
THIS NEXT SLIDE GIVES OUR CURRENT PROPOSED TAX RATE IN THE CONTEXT OF OUR HISTORICAL TAX RATE.
SO IF YOU LOOK OVER THE PAST 10 YEARS OR SO, OUR TAX RATE HAS REMAINED RELATIVELY STABLE.
IT'S GENERALLY BEEN AROUND 47 CENTS.
THERE'S, UH, BEEN A COUPLE MODIFICATIONS ALONG THE WAY.
IN 2023, WE REDUCED OUR M AND O TAX BY 2.10 CENTS.
THE FOLLOWING YEAR WE HAD OUR INITIAL, UM, ISSUANCE FOR THE 2022 VOTER APPROVED BOND THAT INCREASED OUR INS TAX RATE.
AND THEN WE HAD ONE MORE REDUCTION TO THE M AND O TAX RATE BEFORE WE GET TO FISCAL YEAR 2027 WITH OUR FISCAL YEAR, UM, PROPOSED TAX RATE OF 0.479.
SO WHAT DOES THIS MEAN FOR A TYPICAL TAX BILL? AND THE INTENT OF THIS SLIDE IS NOT TO BE OVERLY CONFUSING WITH TOO MANY NUMBERS.
UM, THERE IS A REASON WHY WE HAVE A COUPLE DIFFERENT WAYS OF LOOKING AT A TAX BILL AND THAT'S BECAUSE THERE'S THREE DIFFERENT SETS OF LAWS THAT GOVERN HOW WE'RE SUPPOSED TO DISPLAY THIS INFORMATION.
SO THERE'S CHAPTER 1 0 2 OF THE LOCAL GOVERNMENT CODE THAT GOVERNS THE BUDGET, UM, PROCESS.
THERE'S CHAPTER 26 OF THE PROPERTY TAX CODE THAT GOVERNS THE PROPERTY TAX RATING RATE SETTING PROCESS.
AND THE THIRD SECTION UNDER, UH, SECTION 5 52.
THE OPEN MEETINGS ACT HAS ANOTHER REQUIRED WAY OF ILLUSTRATING THE IMPACT TO THE TAXPAYER.
SO OFF TO THE LEFT IS ONE OF THE LEGALLY REQUIRED WAYS THAT WE HAVE TO SHOW THE, THE CHANGE OR HOW THE AVERAGE HOME VALUE HAS CHANGED FROM YEAR TO YEAR.
SO WE SEE THE AVERAGE HOME VALUE OF 2026 VERSUS THE AVERAGE HOME VALUE OF 2027 AT LAST YEAR'S TAX RATE VERSUS THE PROPOSED TAX RATE.
AND THE DIFFERENCE BETWEEN THOSE BILLS ONTO THE RIGHT IS A DIFFERENT VALUATION OF A TYPICAL HOME, WHICH IS THE MEDIAN VALUE HOME, AND THAT'S UNDER A DIFFERENT SET OF LAWS.
SO YOU CAN SEE THE MEDIAN VALUE HOME IS A DIFFERENT VALUE THAN THE AVERAGE VALUE HOME.
AND WE'RE SUPPOSED TO SHOW YOU THE DIFFERENCE IN A BILL BETWEEN LAST YEAR'S RATE, THE PROPOSED RATE, AND THE NO NEW REVENUE RATE.
SO DEPENDING ON WHAT NEWSPAPER NOTICE YOU'RE READING OR WHAT PART OF THE BUDGET YOU'RE LOOKING AT, YOU MAY SEE A DIFFERENT ANSWER FOR WHAT A TYPICAL TAX BILL WOULD BE.
BUT ON THIS SLIDE, WE'VE PUT THEM ALL THE VIEWS TOGETHER SO YOU CAN SEE THEM SIDE BY SIDE.
OKAY, SO WHAT ALL ARE WE GETTING? WHAT, WHAT ALL ARE WE FUNDING? THE MOST EXCITING THING THAT WE'RE EXCITED ABOUT THIS YEAR IS THE OPENING OF OUR NEW BERNIE HERITAGE FOLKS PARK.
UM, THAT PARK COMES WITH SOME OPERATIONAL UPSTART COSTS.
SO INCLUDING PERSONNEL, MAINTENANCE COST, AND ONE-TIME EQUIPMENT COST IS TOTALS ABOUT 720,000 IN THIS YEAR'S BUDGET, WHICH EQUATES TO ABOUT 2.20 CENTS ON THE TAX RATE.
ADDITIONALLY, WE'LL BE ENHANCING PUBLIC SAFETY WITH THE ADDITION OF A PATROL OFFICER AND ACCOUNTING FOR PERSONNEL COSTS.
ONE TIME EQUIPMENT COSTS AND A NEW VEHICLE.
THE TOTAL OPERATIONAL OF IT IS ABOUT 221,000, OR ABOUT 0.70 CENTS ON THE TAX RATE.
SO THESE TWO THINGS COMBINED ARE ABOUT 3 CENTS ON THE TAX RATE.
BUT THROUGH REDUCTIONS THAT WE'VE MADE ELSEWHERE IN THE BUDGET, UM, WE'RE ABLE TO ADD NEARLY THESE 3 CENTS WORTH OF NEW SERVICE WHILE
[00:35:01]
LIMITING THE TAX RATE IMPACT TO LESS THAN THREE QUARTERS OF A CENT.ANOTHER MAJOR COMPONENT OF THIS BUDGET IS OUR, UM, OUR CONTINUED FOCUS ON MOVING FORWARD WITH OUR CAPITAL IMPROVEMENT BOND PROJECTS.
SO AS WE MENTIONED THE HERITAGE VOL PARK, WE'RE EXCITED ABOUT THAT OPENING.
WE'LL BE STARTING CONSTRUCTION ON FIRE STATION NUMBER TWO.
THERE'S TWO PARTIALLY GRANT FUNDED PROJECTS WITH THE BRIDGE REPLACEMENT AND AN OVERALL CITYWIDE PROJECT.
THEY WE'RE EXCITED TO KICK OFF AS WELL AS HOPEFULLY FINALIZING THE ADMIRAL ADLER ROAD CULVERTS PROJECT.
SO THIS CONCLUDES THE PRESENTATION.
UM, BEFORE WE MOVE INTO THE PUBLIC HEARING, I WANTED TO PAUSE AND SEE IF THERE WERE ANY QUESTIONS OR COMMENTS.
ALRIGHT, YOU HAVE ANY QUESTIONS OR COMMENTS FROM COUNSEL? YES.
SO COUNCIL BUNKER, THE PROPERTY TAXES GO INTO THE M AND O AND INS ONLY THE SPECIAL REVENUE IS SALES TAX AND HOTEL MOTEL TAX, OR DOES PROPERTY TAX GO INTO THAT AS WELL? THAT'S A REALLY GOOD QUESTION.
LET ME GO BACK TO THAT SLIDE 'CAUSE I'M, I'M VISUAL AND SOMETIMES THAT HELPS.
SO IT'S KIND OF, I DON'T KNOW WHY IT'S GIVING ME A, THAT SHOWS ALL THE
SO M AND O TAXES CAN, ARE ONLY USED IN THE GENERAL FUNDS.
ANOTHER, UH, MAIN REVENUE SOURCE OF THE GENERAL FUNDS IS SALES TAX.
SO SALES TAX IS NOT A, A SPECIAL REVENUE SALES TAX DOES GO TOWARDS, UM, FUNDING THE GENERAL FUNDS.
SO THAT 40.6 MILLION IS NOT JUST STRAIGHT PROPERTY TAXES.
SO THE 40.6 MILLION IS MADE UP OF A LOT OF DIFFERENT REVENUE SOURCES.
THE MAJOR ONES ARE PROPERTY TAXES AND SALES TAXES.
UM, WE ALSO HAVE, UH, FEES FOR SPECIFIC SERVICES.
THAT'S ANOTHER PORTION OF THE REVENUES.
UM, THOSE ARE THE MAIN CATEGORIES.
COUNCILMAN MACALUSO, I JUST WANT TO POINT, I JUST WANTED TO POINT SOMETHING OUT.
I THINK WE'VE TALKED ABOUT THIS BEFORE.
UM, I THINK THE PUBLIC GETS CONFUSED.
THE BUDGET'S 164 MILLION, UH, 86 MILLION OF ITS UTILITY.
SO IF YOU HAVE BURNING UTILITIES, BURNING WATER, BURNING ELECTRICITY, BURNING, WHATEVER, YOU PAY THOSE RATES, IT'S NOT YOUR PROPERTY TAX AND YOUR SALES TAX GOING INTO THAT.
SO I'M GONNA PUT THAT ASIDE FOR A MINUTE.
SO THE ACTUAL BUDGET FOR THE CITY IS APPROXIMATELY WHAT? 60 YOU SAID? 64 MILLION.
I THINK IT'LL BE, TAKE THAT OUT.
BUT OF THE 64 MILLION, ONLY 40 MILLION IS ACTUALLY OPERATING COSTS TO FUND THE OPERATIONS OF THE CITY.
'CAUSE THE OTHER 30 MILLION OR SO ARE CAPITAL PROJECTS AND SPECIAL FUNDS, WHICH ARE NOT PROPERTY TAX AND SALES TAX RELATED.
THEY'RE FUNDS THAT HAVE BEEN SET ASIDE NOW, THEY MAY HAVE BEEN COLLECTED IN PAST YEARS AND AND SEQUESTERED FOR SPECIAL PROJECTS, BUT THEY'RE NOT COMING OUT OF THE BUDGET.
MY POINT IS, WE'VE, WE'VE DONE THIS EXERCISE BEFORE.
IF YOU LOOKED AT THE POPULATION OF BURNING THE CITY, JUST WHAT THE CITY COSTS, THE 40.1 MILLION, 40.6 MILLION, THAT IS APPROXIMATELY 4 76 A DAY PER CITIZEN, WHICH IS LESS THAN A WHATABURGER FOR 5 99 CURRENTLY ON BANDERA ROAD.
UH, IF YOU LOOK AT THE 60 MILLION, WHICH INCLUDE THE CAPITAL PROJECTS, IT'S STILL 76 $7 AND 62 CENTS.
THE MONEY POINT IN SAYING THAT IS I THINK WE GET A LOT OF CONCERN ABOUT THE BUDGET OF THAT 164 MILLION NUMBER.
'CAUSE PEOPLE DON'T SEEM TO RECOGNIZE THAT HALF MORE THAN HALF OF ITS UTILITIES, WHICH IS A RATE PAY, THAT'S A SEPARATE, ALTHOUGH WE INCLUDE IT IN THE BUDGET 'CAUSE IT'S ONE OF OUR, OUR OUR SECTIONS.
IT'S NOT THE SAME THING AS THE CITY BUDGET.
I JUST WANTED TO SAY THAT FOR THE RECORD.
I THINK PEOPLE WOULD CONSTANTLY GET QUESTIONS ABOUT THAT.
DO YOU HAVE ANY OTHER QUESTIONS,
ALL RIGHT, THEN WE'LL OFFICIALLY OPEN UP THE PUBLIC HEARING FOR AGENDA ITEM 7 8 20 26 DASH 3 82, PRESENTATION, PUBLIC HEARING AND CON, CONSIDERING A SECOND RE ORDINANCE NUMBER 20 26 0 5 NOR ORLEANS ADOPTING THE ANNUAL BUDGET FOR THE CITY OF BURN TEXAS FOR A FISCAL YEAR, BEGINNING OCTOBER 1 26 AND ENDING OCTOBER SEPTEMBER 30TH, 2027 IN ACCORDANCE WITH CHAPTER 1 0 2, LOCAL GOVERNMENT CODE AND APPROPRIATE THE VARIOUS FUNDS THEREOF.
WE'LL OFFICIALLY OPEN THE PUBLIC HEARING AT 7:17 PM AM WOULD ANYONE LIKE TO COME FORWARD AND STATE YOUR NAME AND ADDRESS AND WE HAVE THREE MINUTES TO SPEAK ON THE, THE BUDGET? OKAY.
WE'LL OFFICIALLY CLOSE THE PUBLIC HEARING ON THAT AGENDA.
MIGHT HAVE AT 7:17 PM CAN I GET A MOTION, A MOTION FROM COUNCILMAN BUNKER? YEAH, I MOVE.
[00:40:01]
APPROVE ON SECOND READING ORDINANCE NUMBER 20 26 0 5 ON ORDINANCE ADOPTING THE ANNUAL BUDGET FOR THE CITY OF BERNIE, TEXAS FOR THE FISCAL YEAR, BEGINNING OCTOBER FOR 2026 AND ENDING SEPTEMBER 30TH, 2027 IN ACCORDANCE WITH CHAPTER 1 0 2, LOCAL GOVERNMENT CODE AND APPROPRIATING THE VARIOUS AMOUNTS THEREOF.SECOND FROM COUNCILMAN WILSON.
ACTUALLY, I THINK WE NEED A VERBAL VOTE ON THAT.
ACTUALLY, ALL IN FAVOR, THOSE PASSES ON THE BUDGET.
[7.B 2026-249 RATIFY THE PROPERTY TAX REVENUE INCREASE REFLECTED IN THE FISCAL YEAR 2026-27 BUDGET.]
ITEM SEVEN B 2026.ACTUALLY, THE UH, DASH 2 49 RATIFY THE PROPERTY TAX REVENUE INCREASE REFLECTED IN THE FISCAL YEAR 20 26 27 BUDGET.
WE ACTUALLY NEED A MOTION TO RATIFY THIS.
COUNCILMAN WILLISON MAKE A MOTION THAT WE RATIFY THE PROPERTY TAX REVENUE INCREASE REFLECT IN FISCAL YEAR 20 26, 20 27, BUDGET SECOND FROM COUNCILMAN BATEMAN, AND THEN THIS WILL ALSO BE A VERBAL RECORDED VOTE.
MOTION PASSES FIVE ZERO EVERYONE.
[7.C 2026-389 PRESENTATION, PUBLIC HEARING AND CONSIDER ON SECOND READING ORDINANCE NO. 2026-06; AN ORDINANCE SETTING THE AD VALOREM PROPERTY TAX RATE FOR THE 2026 TAX YEAR AT 47.90 CENTS PER EACH $100 OF TAXABLE VALUE. (Ordinance adopting tax rate)]
ITEMS SEVEN C 2026 DASH 3 83 PRESENTATION, PUBLIC HEARINGS TO CONSIDER ON SECOND READ, NOR DECEMBER, 2026 IN ORDINANCE SETTING, THE ADV WARRANT PROPERTY TAX RATE FOR THE 2026 TAX YEAR AT 47.90 CENTS PER EACH $100 OF TAXABLE VALUE.CAN I GET A MOTION? WE'LL HAVE TO PAUSE JUST FOR ONE MOMENT FOR THE TAX RATE HEARING.
WE GOTTA GO TO A PUBLIC HEARING.
SEE, WE'LL FIRSTLY OPEN THE PUBLIC HEARING ON THIS AGENDA ITEM.
I'M AT 7:19 PM WE MIGHT COME FORWARD AND SPEAK.
WE'LL OFFICIALLY CLOSE THE PUBLIC HEARING AT 7:19 PM HOW CAN I GET A MOTION MR. FROM COUNCILMAN WOOLSON? MAKE A MOTION THAT WE APPROVE ON SECOND READING ORDINANCE NUMBER 2026 DASH OH SIX, AN ORDINANCE SETTING THE AVALOR PROPERTY TAX RATE FOR THE 2026 TAX YEAR AT 47.90 CENTS PER EACH A HUNDRED DOLLARS OF TAXABLE VALUE.
SECOND, FROM COUNCIL MICKELSON.
AGAIN, WE ALSO NEED A VERBAL CONFIRMATION.
MOVING ON TO AGENDA ITEM SEVEN,
[7.D 2026-386 CONSIDER A ONE-TIME READING OF ORDINANCE NO. 2026-12; AS PERMITTED BY THE CITY OF BOERNE’S HOME RULE CHARTER SECTION 3.11.A. (As described below)]
D THROUGH SEVEN.THIS ONE PRESENTATION WILL BE COVERING SIX ACTION ITEMS. THERE ARE THREE ORDINANCES, AND BEFORE EACH ORDINANCE, THERE IS A REQUEST FOR THE APPROVAL OF A ONE-TIME READING OF THAT ORDINANCE.
WE DON'T OFTEN REQUEST ONE-TIME READINGS OF ORDINANCES, AND I WANTED TO EXPLAIN WHY IT'S NECESSARY IN THIS CASE.
AND IT'S BECAUSE THESE ARE DEBT RELATED ORDINANCES, WHICH ARE VERY TIME SENSITIVE, ESPECIALLY FOR THE ONE THAT WE RECEIVED BIDS ON FOR TODAY.
SO WHEN WE RECEIVE THE BIDS ON THE INTEREST RATES, THOSE BIDS ARE BASED ON TODAY'S ENVIRONMENT AND THOSE BIDS WON'T HOLD UNTIL THE NEXT COUNCIL MEETING.
SO THAT'S WHY THE ONE TIME READING IS NECESSARY.
THIS IS HOW THIS ITEM ALIGNS WITH OUR STRATEGY MAP.
SO AS WE'VE DISCUSSED THE DEBT PLANS FOR THE CITY OF BERNIE FOR 2027, THERE WERE THREE POSSIBLE ISSUANCES THAT WE DISCUSSED.
THE FIRST WAS A CERTIFICATE OF OBLIGATION AND THE AMOUNT OF $20 MILLION TO FUND THE CONSTRUCTION OF A NEW FIRE STATION, WHICH RESULTS IN NO TAX RATE INCREASE.
WE WERE ABLE TO STRUCTURE OUR EXISTING DEBT PAYMENTS SO THAT THIS DIDN'T AFFECT OUR CURRENT TAX RATE.
ADDITIONALLY, WE TALKED ABOUT THE POTENTIAL REFINANCING OF TWO ADDITIONAL CURRENT ISSUANCES AND HOW REFINANCINGS WORK AT, SIMILAR AS HOW IT WOULD FOR A PERSON'S INDIVIDUAL HOME.
WHEN YOU GO TO REFINANCE YOUR MORTGAGE, IT'S EXISTING DEBT, AND IF THE ENVIRONMENT IS FAVORABLE AND YOU'RE GONNA ACHIEVE SAVINGS, THEN YOU CAN ALWAYS REFINANCE AND HOPEFULLY GET SAVINGS FROM A BETTER RATE.
SO THOSE ARE TWO THAT WE'RE GONNA HAVE TO PIVOT OUR STRATEGY ON.
AND SO I WANNA START THERE SO WE CAN DISCUSS IT.
SINCE WE LAST DISCUSSED THE REFINANCINGS BACK IN JUNE, UM, THE INTEREST RATES HAVE MOVED HIGHER AND THE SAVINGS AVAILABLE ON THOSE ARE JUST NOT AT THE LEVEL WE HOPED FOR.
SO BACK IN JUNE, WE ESTIMATED THAT THE POTENTIAL NET PRESENT SAVINGS WOULD BE ABOUT $930,000.
THE IMPORTANT NUMBER ON THIS SLIDE IS THAT NUMBER RIGHT BELOW IT, WHICH
[00:45:01]
IS 3.35%.REALLY, UM, A GOOD BENCHMARK IS A GOOD ECONOMICAL REFINANCING IS 3% OR HIGHER.
YOU WANNA SEE 3% OR HIGHER ON A SAVINGS.
AND SO AT THE POINT IN JUNE WE WERE THERE, WE WERE ABOVE 3.3%.
WE WERE AT GOOD INTEREST RATES.
AS OF FRIDAY WHEN WE MET WITH THE FINANCIAL ADVISORS, UH, WE'RE NO LONGER IN AN OVER 3%, UM, ENVIRONMENT.
SO WE DON'T WANNA RUSH THIS TRANSACTION IF IT DOESN'T MAKE SENSE.
THERE'S, THERE'S NO, THERE'S NOTHING SAYING THAT WE HAVE TO DO THIS.
IT'S ONLY IF IT'S ECONOMICALLY ADVANTAGEOUS.
UM, THE GOOD NEWS IS WE DO HAVE ANOTHER PLAN WE CAN MOVE FORWARD WITH WHAT'S CALLED A FUNDING PARAMETERS ORDINANCE IS, WHICH IS REALLY HELPFUL IN AN UNCERTAIN INTEREST RATE ENVIRONMENT THAT WE'RE IN RIGHT NOW.
AND WHAT THIS DOES, AN ORDINANCE WOULD PUT FORWARD THE AUTHORIZATION FOR STAFF TO GO AHEAD AND EXECUTE THE REFINANCING IF CERTAIN CONDITIONS ARE MET AND ONLY IF CERTAIN CONDITIONS ARE MET FOR JUST A CERTAIN PERIOD OF TIME.
SO FOR THESE TWO ISSUANCES, THE PARAMETERS THAT WE'VE SET IN THESE ORDINANCES AS AT THE SAVINGS, WOULD HAVE TO BE AT LEAST 3%.
SO FOR THE 20 20 20 16 SERIES, THAT WOULD MEAN A MINIMUM SAVINGS OF OVER 75,000.
FOR THE 2017 SERIES, THAT'S A MINIMUM SAVINGS OF ABOUT 760,000.
THE AUTHORIZATION IS NOT OPEN-ENDED, IT'S JUST FOR SIX MONTHS UNTIL MARCH 8TH.
SO IF WE FIND THAT CONDITIONS ARE RIGHT, WE CAN EXECUTE.
IF THEY DON'T HAPPEN WITHIN MARCH, WE CAN COME BACK AND RE REASSESS.
WE, WE ONLY WANNA DO THIS IF IT MAKES SENSE.
AND ADDITIONALLY, THIS AUTHORIZATION IS ONLY FOR THESE TWO DEBT ISSUANCES.
IT'S NOT A BROAD BLANKET THAT GIVES US AUTHORIZATION OVER ANY OF OUR DEBT.
SO THE REALLY, THE GREATEST ADVANTAGE TO THIS IS JUST THAT IT HELPS US HIT THE MARKET, RIGHT? WE DON'T HAVE TO WAIT FOR A COUNCIL MEETING.
SO WHERE WE'RE AT RIGHT NOW, WE WOULD ONLY BE ABLE TO EXECUTE ON A COUNCIL DAY.
AND IF CONDITIONS AREN'T RIGHT ON THAT DAY, WE'RE OUTTA LUCK.
BUT THIS FUNDING PARAMETERS ORDINANCE REALLY GIVES US MORE FLEXIBILITY TO ACHIEVE THE BEST SAVINGS WE CAN FOR THE CITY.
ARE THERE ANY QUESTIONS ON HOW FUNDING PARAMETERS ORDINANCES WORK BEFORE WE MOVE ON TO THE EXCITING ONE?
SO THE EXCITING ONE IS THE FIRE STATION.
UM, WE HAD A COMPETITIVE BID TODAY, UM, AND I WAS GOING TO, UM, INTRODUCE AND INVITE JORGE DELGADO UP HERE TO TALK HOW IT WENT.
HE'S THE SENIOR VICE PRESIDENT OF HILLTOP SECURITIES.
THEY'RE OUR FINANCIAL ADVISORS.
THEY ADVISE US ON DEBT TRANSACTION STRUCTURINGS, AND THEY MANAGE THE COMPETITIVE SALE FOR US.
SO WITH THAT, I WILL TURN IT OVER TO JORGE.
UH, MAYOR COUNCIL, PLEASURE TO MEET YOU.
UH, THIS IS MY FIRST TIME IN FRONT OF YOU, SO I WANTED TO INTRODUCE MYSELF.
I'M, I'M PART OF THE TEAM THAT REPRESENTS BERNIE AS YOUR FINANCIAL, YOUR MUNICIPAL ADVISOR, UM, AND WHAT WE HAVE HERE FOR YOU TODAY.
UM, I THINK SARAH LAID IT OUT VERY WELL, UH, THIS MORNING.
YOU REMEMBER BACK IN JUNE, WE WERE TALKING TO YOU ABOUT A PLAN OF FINANCE TO FINANCE YOUR FIRE STATION AND REFINANCE SOME OF YOUR OUTSTANDING DEBT.
UH, YOU GAVE US A GREEN LIGHT THAT DAY.
SO WE DID GET TO WORK TO PUT EVERYTHING TOGETHER SO THAT YOU HAVE AN ACTION ITEM ON THAT.
TODAY AT 10:30 AM CENTRAL, WE TOOK BIDS AND YOU GOT NINE BIDS FROM, UM, VARIOUS DIFFERENT, UH, FIRMS OUT THERE.
USUALLY WE SEE, UM, LESS BITS THAN THAT, UH, IN THIS MARKET ENVIRONMENT.
SO YOU DID GET A LOT OF ATTENTION.
UM, AGAIN, YOU DID GET YOUR DOUBLE A ONE RATING AFFIRMATION BY MOODY'S.
SO, UM, THAT HELPS ATTRACT THIS TYPE, THIS AMOUNT OF INTEREST WHEN YOU PUT OUT FOR BIDS.
UH, 4.53% BY ROBERT W. BAIRD IS THE LOW BID.
UH, AND REALLY WHAT THIS TELLS US COUNCIL IS THAT IF YOU TAKE A LOOK AT THE NEXT, UH, BIDS AFTER THAT, EVERYONE SEEMS TO FALL AROUND THE 4.6% RANGE.
TODAY, THE MARKET IS TELLING US, UM, 4.6 IS WHERE AA ONE TRANSACTION NEEDS TO BE AS OF TODAY.
EVERYTHING MOVES BY BY THE MINUTE.
BUT BD REALLY SHARPENED THEIR PENCIL AND THEY'RE ONE OF THE MOST AGGRESSIVE FIRMS OUT THERE.
UM, AND THEY ARE A VERY STRONG PARTICIPANTS.
SO, UH, WE WERE GLAD TO SEE THAT.
UM, WE REALLY WANT TO SEE BITS TOGETHER, RIGHT? WE DON'T WANT TO SEE BITS TOO SPREAD APART BECAUSE NOW WE KNOW WE'RE, UH, EFFECTIVELY GETTING A MARKET TRANSACTION.
SO WE'RE SUPPORTIVE OF THESE LEVELS, UM, OF THE LOW BID FROM BAIRD.
AND, AND THE REASON FOR THAT MAYOR AND COUNCIL IS BECAUSE THIS, ALL, THIS ALL ALIGNS WITH THE BUDGET THAT YOU'RE APPROVING.
UM, TODAY WE'VE BEEN WORKING BEHIND THE SCENES WITH, WITH YOUR FINANCE OFFICE TO MAKE SURE THIS FITS WITHIN THE FISCAL YEAR 2027 PAYMENT AND BUDGET.
UM, BUT I DID WANT TO BE HERE IN PERSON TO IN PERSON TO ANSWER ANY QUESTIONS ABOUT THE PROCESS AND WHAT COMES NEXT.
THIS IS A FIXED TAX EXEMPT INTEREST RATE.
[00:50:01]
SHOULD YOU APPROVE IT TODAY, YOU'RE GONNA LOCK IN THE 4.53% FOR THE 20 YEAR LIFE.UH, AMORTIZATION OF THE FIRE, STRAI FIRE, UH, STATION CONSTRUCTION BUILDING.
SO, UH, THAT'S WHEN THE CITY WOULD GET THE FUNDING IN THE CITY'S ACCOUNTS FOR, UH, $20 MILLION FIRST PAYMENT, NOT UNTIL FISCAL YEAR 2027 ON, ON THE DEBT.
ANY QUESTIONS I'D BE HAPPY TO ADDRESS? NO, THIS, YEAH, THIS, THIS FUNDING.
NOW BAIRD IS A, I THINK THEY, YOU SAID MILWAUKEE, THEY'RE ALSO BASED OUTTA AUSTIN.
UM, THESE COULD STILL BE REFUNDED AT A LATER DATE IF RATES DID GO DOWN.
SO WHAT WE HAVE HERE IS YOUR 10 YEAR STANDARD, UH, CALL DATES.
SO IN THE EVENT THAT, UM, YOU KNOW, 10 YEARS DOWN THE ROAD RATES MAKE SENSE, JUST LIKE IN, IN THE PRIOR TRANSACTION SARAH WAS TALKING ABOUT YOU COULD REFINANCE, UH, ON A TAX EXEMPT BASIS.
UM, YOU ALWAYS HAVE THE OPTION TO REFINANCE OR PAY OFF EARLIER.
BUT FROM A SIMPLY, UH, REFINANCING STANDPOINT, 10 YEARS FROM TODAY, UH, WHICH IS THE STANDARD EQUILIBRIUM, UM, PREPAYMENT CLAUSE.
ANY OTHER QUESTIONS? THANK YOU, COUNSEL.
ANY, ANY FURTHER QUESTIONS BEFORE WE MOVE FORWARD? SIX, SIX ITEMS. GETTING YOU READY.
START WITH SEVEN D 2026 DASH 3 86.
CONSIDER A ONE-TIME READING OF ORDINANCE NUMBER 2026 DASH 12 AS PERMITTED BY THE CITY OF BERNIE'S HOME RULE CHARTER I, A MOTION FOR COUNCILMAN WILSON.
MAYOR, I MOVE TO APPROVE A ONETIME READING OF ORDINANCE NUMBER 2026 DASH 12 AS PERMITTED BY THE CITY OF BERNIE'S HOME RULE CHARTER SECTION THREE 11 A SECOND FROM COUNSEL MICKELSON, PLEASE VOTE.
[7.E 2026-263 CONSIDER ORDINANCE NO. 2026-12; AN ORDINANCE AUTHORIZING THE ISSUANCE OF “CITY OF BOERNE, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2026”; PROVIDING FOR THE PAYMENT OF SAID CERTIFICATES BY THE LEVY OF AN AD VALOREM TAX UPON ALL TAXABLE PROPERTY WITHIN THE CITY AND FURTHER SECURING SAID CERTIFICATES BY A LIEN ON AND PLEDGE OF THE PLEDGED REVENUES OF THE SYSTEM; PROVIDING THE TERMS AND CONDITIONS OF SAID CERTIFICATES AND RESOLVING OTHER MATTERS INCIDENT AND RELATING TO THE ISSUANCE, PAYMENT, SECURITY, SALE, AND DELIVERY OF SAID CERTIFICATES, INCLUDING THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT AND SALE DOCUMENTATION; COMPLYING WITH THE REQUIREMENTS OF THE LETTER OF REPRESENTATIONS PREVIOUSLY EXECUTED WITH THE DEPOSITORY TRUST COMPANY; AUTHORIZING THE EXECUTION OF ANY NECESSARY ENGAGEMENT AGREEMENT WITH THE CITY’S FINANCIAL ADVISORS; AND PROVIDING AN EFFECTIVE DATE. (Fire Station)]
SEVEN E 2026 DASH 2 63, CONSIDER ORDINANCE NUMBER 2026 DASH 12, AN ORDINANCE OF AUTHORIZING THE ISSUANCE OF CITY OF BERNIE, TEXAS, COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION SERIES 2026, PROVIDING FOR THE PAYMENT OF SAID CERTIFICATES BY THE LEVY OF AN ALOR TAX UPON ALL TAXABLE PROPERTY WITHIN THE CITY.AND FURTHER SECURING SAID CERTIFICATES BY A LIEN ON THE PLEDGE OF PLEDGE REVENUES OF THE SYSTEM AUTHORIZING THE EXECUTIVE EXECUTION, EXCUSE ME, ANY NECESSARY ENGAGEMENT AGREEMENT WITH DECEASED FINANCIAL ADVISORS AND PROVIDING AN EFFECTIVE DATE FOR THE FIRE STATION MOTION FROM COUNCILMAN WILLISON.
SECOND FROM COUNCILMAN BATEMAN.
[7.F 2026-387 CONSIDER A ONE-TIME READING OF ORDINANCE NO. 2026-13; AS PERMITTED BY THE CITY OF BOERNE’S HOME RULE CHARTER SECTION 3.11.A. (As described below)]
F 2026 DASH 3 87.CONSIDER A ONE TIME READING OF ORDINANCE NUMBER 2026 DASH 13 AS PERMITTED BY THE CITY OF BERNIE'S HOME ROOM CHARTER SECTION 3 1 1 A.
CAN I GET A MOTION FOR COUNCIL M LUSO? I MOVED A SECOND FROM COUNCILMAN MICKELSON.
[7.G 2026-265 CONSIDER ORDINANCE NO. 2026-13; AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF BOERNE, TEXAS AUTHORIZING THE ISSUANCE OF “CITY OF BOERNE, TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES 2026A”; LEVYING AN ANNUAL AD VALOREM TAX, WITHIN THE LIMITATIONS PRESCRIBED BY LAW, FOR THE PAYMENT OF THE BONDS; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, AND DELIVERY OF THE BONDS, INCLUDING THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT, AN ESCROW AGREEMENT, AND SALE DOCUMENTATION; COMPLYING WITH THE LETTER OF REPRESENTATIONS ON FILE WITH THE DEPOSITORY TRUST COMPANY; DELEGATING THE AUTHORITY TO CERTAIN CITY OFFICIALS AND STAFF TO APPROVE AND EXECUTE CERTAIN DOCUMENTS RELATING TO THE SALE OF THE BONDS; AUTHORIZING THE EXECUTION OF ANY NECESSARY ENGAGEMENT AGREEMENT WITH THE CITY’S FINANCIAL ADVISORS; AND PROVIDING AN EFFECTIVE DATE. (Refunding Option)]
G 2026 DASH 2 65.CONSIDER ORDINANCE NUMBER 20 26 13.
AN ORDINANCE BY THE CITY COUNCIL OF CITY OF BURNING TEXAS AUTHORIZING THE ISSUANCE OF CITY COUNCIL, CITY OF BERNIE, TEXAS GENERAL OBLIGATION REFUNDING BOND ON SERIES 26 A.
THAT BEING AN ANNUAL ADD ALARM TAX WITHIN THE LIMITATIONS PRESCRIBED BY LAW FOR THE PAYMENT OF THE BONDS, AND PROVIDE AN EFFECTIVE DATE MOTION FROM COUNCILMAN BUNKER.
SECOND FROM COUNCILMAN BATEMAN, PLEASE VOTE.
[7.H 2026-388 CONSIDER A ONE-TIME READING OF ORDINANCE NO. 2026-14; AS PERMITTED BY THE CITY OF BOERNE’S HOME RULE CHARTER SECTION 3.11.A. (As described below)]
DASH 3 88.CONSIDER A ONE TIME READING OF ORDINANCE NUMBER 2026 DASH 14 IS PERMITTED BY THE CITY OF BERNIE'S HOME ROOM CHARTER SECTION 3.11 A MOTION FROM COUNCIL MACALUSO MOVE TO APPROVE.
SECOND FROM COUNCILMAN WILLISON, PLEASE VOTE.
[7.I 2026-264 CONSIDER ORDINANCE NO. 2026-14; AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF BOERNE, TEXAS AUTHORIZING THE ISSUANCE OF “CITY OF BOERNE, TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES 2026B”; LEVYING AN ANNUAL AD VALOREM TAX, WITHIN THE LIMITATIONS PRESCRIBED BY LAW, FOR THE PAYMENT OF THE BONDS; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, AND DELIVERY OF THE BONDS, INCLUDING THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT, AN ESCROW AGREEMENT, AND SALE DOCUMENTATION; COMPLYING WITH THE LETTER OF REPRESENTATIONS ON FILE WITH THE DEPOSITORY TRUST COMPANY; DELEGATING THE AUTHORITY TO CERTAIN CITY OFFICIALS AND STAFF TO APPROVE AND EXECUTE CERTAIN DOCUMENTS RELATING TO THE SALE OF THE BONDS; AUTHORIZING THE EXECUTION OF ANY NECESSARY ENGAGEMENT AGREEMENT WITH THE CITY’S FINANCIAL ADVISORS; AND PROVIDING AN EFFECTIVE DATE. (Refunding Option)]
AND OUR LAST ONE.CONSIDER ORDINANCE NUMBER 2026 DASH 14 AN ORDINANCE BY THE CITY COUNCIL, THE CITY OF BERNIE, TEXAS, TO AUTHORIZE IN THE ISSUANCE SUBSIDY OF BERNIE TEXAS GENERAL OBLIGATION REFUNDING BONDS SERIES 2026 B LEVI, AN ANNUAL
MAYOR, MOVE TO APPROVE AS READ SECONDMENT FROM COUNCIL BUNKER.
SO COUNCILMAN BUNKER, PLEASE VOTE AND THAT MOTION PASSES.
[8.A 2026-186 CONSIDER RESOLUTION NO. 2026-R47; A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AND MANAGE TASK ORDER NO. 42 WITH HDR ENGINEERING, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR THE BOERNE CITY LAKE WATER TREATMENT PLANT EXPANSION PROJECT FOR AN AMOUNT NOT TO EXCEED $3,300,000.]
[00:55:01]
TO MS RESOLUTIONS.CONSIDER RESOLUTION NUMBER 2026 DASH R 47.
A RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE AND MANAGE TASK ORDER NUMBER 42 WITH HCR ENGINEERING INCORPORATED FOR PROFESSIONAL ENGINEERING SERVICES FOR THE CITY OF BURN LAKE WATER TREATMENT PLAN EXPANSION PROJECT FOR AN AMOUNT NOT TO EXCEED 3,300,000 PRESENTING TO ANDREW.
GOOD EVENING, MAYOR AND COUNCIL.
UM, EXCITED TONIGHT TO BRING THIS ITEM TO YOU.
THIS IS A PROJECT THAT'S BEEN IN OUR CAPITAL IMPROVEMENT PLAN FOR A FEW YEARS NOW.
SO TONIGHT WE'RE HOPEFULLY ADVANCING IT INTO THE NEXT STAGE INTO DESIGN.
THIS IS HOW THIS PROJECT ALIGNS WITH OUR STRATEGY MAP.
SO TO BEGIN, THE EXISTING WATER TREATMENT PLANT WAS CONSTRUCTED IN THE 1970S WITH THE TREATMENT CAPACITY OF APPROXIMATELY 1.3 MILLION GALLONS PER DAY OR MGD.
WE ARE LIMITED, HOWEVER, TO, UH, A STATE REG OR STATE PERMITTED AMOUNT OF 833 ACRE FEET PER YEAR TO WITHDRAW FROM BERNIE CITY LAKE.
BUT IT IS ONE OF THREE WATER SOURCES THAT OUR CITY HAS.
WE HAVE WHOLESALE PURCHASE SURFACE WATER FROM GBRA THAT COMPRISES OF OUR BASE FLOW THROUGHOUT THE YEAR WITH GROUNDWATER WELLS AND THE CITY LAKE MAKING UP THE REST OF OUR WATER SUPPLY.
THE EXISTING PLANT CONSISTS OF CONVENTIONAL TREATMENT METHODS.
UH, THE RAW WATER FROM THE LAKE, UH, GETS PUMPED AND SENT THROUGH COM UH, MULTIMEDIA PRESSURE FILTERS THAT ARE, UH, FILLED WITH ANTHRACITE SAND AND GRAVEL THAT REALLY POLISHES THE WATER BEFORE IT GETS DISINFECTED WITH CHLORINE AND THEN SENT TO THE CLEAR WELLS OF THE STORAGE TANKS BEFORE GETTING DISTRIBUTED INTO THE WATER SYSTEM.
NOW WE ARE REGULATED BY THE TCEQ TO MINIMIZE DISINFECTION BYPRODUCTS OR DVPS AS THEY CALL THEM, UM, WHICH OCCURS WHEN CHLORINE REACTS WITH ANY TOTAL ORGANIC CARBON OR TOC REMAINING IN THE WATER.
UM, SO BECAUSE OF THE INCREASED, UH, UH, REGULATIONS ON DVPS AS WELL AS DECREASED WATER QUALITY FROM THE CITY LAKE, WE'VE SEEN THE CONVENTIONAL TREATMENT METHODS DE UH, NO LONGER BEING USEFUL WITH OUR EXISTING PLANT.
HENCE THE PILOT STUDY THAT WE STARTED IN 2024.
I WILL MENTION THOUGH, GOING BACK TO THE EXISTING PLANT, THAT WE ARE ADDING GRANULAR ACTIVATED CARBON OR GAC TO THE EXISTING PLANT PROCESS, WHICH WILL REDUCE THOSE DPP ISSUES AS WE CONTINUE TO OPERATE.
THE EXISTING PLANT PILOT STUDY FOR THE NEW PLANT WAS, UH, STARTED IN 2024 FOR LASTED A FULL YEAR.
AND DURING THAT COURSE OF THE YEAR, WE TESTED THE CITY LAKE WATER UNDER VARIOUS CONDITIONS.
YOU KNOW, WE WANTED TO SEE HOW IT REACTED IN COLD WEATHER CONDITIONS, WARM WEATHER CONDITIONS.
UM, AND THE ADVANCED TREATMENT TECHNOLOGIES THAT WE TESTED WERE OZONE AND BIOLOGICAL OR ACTIVATED FILTRATION OR BATH AS WE CALL IT.
AND THESE ARE TECHNOLOGIES THAT ARE WIDELY USED FOR SURFACE WATER, UH, PLANTS THROUGHOUT THE STATE, SPECIFICALLY IN NORTH TEXAS.
UM, SO ULTIMATELY THE PILOT STUDY RESULTED THAT WE MOVE FORWARD WITH THESE ADVANCED TREATMENT TECHNOLOGIES.
UH, THEY WERE VERY EFFECTIVE ON OUR CITY LAKE WATER.
UM, SO WE SUBMITTED THOSE TO THE TCQ LATE LAST YEAR AND THEY WERE APPROVED EARLIER THIS YEAR.
SO TO KIND OF SUMMARIZE PRIMARY PURPOSES FOR THE WATER TREATMENT PLANT EXPANSION, WE TALKED ABOUT WATER TREATMENT IMPROVEMENTS THAT ARE NEEDED TO REDUCE DPPS.
UM, WE'VE ALSO SEEN THAT THE OZONE AND BATH TECHNOLOGIES WILL DECREASE TASTE AND ODOR ISSUES OR GISIN AS WE SEE FROM TIME TO TIME, AS WELL AS TURBIDITY.
THE SECOND PRIMARY REASON FOR THE TREATMENT PLANT EXPANSION IS TO PROVIDE ADDITIONAL TREATMENT CAPACITY IN THE FUTURE.
UM, AS WE GROW AS A CITY, UM, AS YOU'RE AWARE, WE USE THE CITY LAKE TO PEAK AS NEEDED, UM, DURING THOSE PEAK MONTHS OF USAGE.
SO WITH THAT ADDITIONAL TREATMENT CAPACITY OF THE NEW PLANT, WE'LL BE ABLE TO, UM, MAKE UP THAT DIFFERENCE FOR THOSE PEAK DAYS.
SO TO DO THIS TREATMENT PLANT EXPANSION, A PHASED APPROACH SEEMED THE BEST ROUTE.
UM, STARTING WITH PHASE ONE OR A NEW 1.5 MGD PLANT, THIS WILL BE CONSTRUCTED NORTH OF THE EXISTING PLANT ON THE SAME SITE.
UM, IT'LL IMMEDIATELY ADDRESS WATER QUALITY ISSUES WITH THE NEW TREATMENT AS WE DISCUSSED, AS WELL AS, UM, COEXIST WITH THE EXISTING PLANT DURING PHASE ONE SO THAT WE CAN HAVE A TOTAL CAPACITY OF 2.8 MGD TO PEAK AS NEEDED ON THOSE HIGH USAGE DAYS.
AND AS THE EXISTING PLANT CONTINUES TO AGE AND, UM, NO LONGER BEING USEFUL IN MEETING THE CURRENT REGULATIONS, WE'LL PLAN OUT TO, UH, BUILD OUT THAT NEW PLANT TO A 3.0 AND GD CAPACITY AND DECOMMISSION THE EXISTING PLANT.
SO EARLIER THIS YEAR, CITY STAFF ISSUED A REQUEST FOR QUALIFICATIONS ON OUR WATER TREATMENT PLANT DESIGN AND, UH, ULTIMATELY SELECTED HDR ENGINEERING WHO HAS EXTENSIVE, UM, EXPERIENCE IN WATER TREATMENT TECHNOLOGIES AS WELL AS THEY, UH, HAVE VARIOUS OR VERY, UH, EXTREME KNOWLEDGE IN OUR SYSTEM.
[01:00:01]
CONSULTANT FOR BERNIE FOR MANY YEARS.UH, THEY ALSO CONDUCTED THE PILOT STUDY AND SO THEY'RE VERY KNOWLEDGEABLE IN THE BASIS OF DESIGN FOR THIS NEW TREATMENT PLANT.
OVER THE LAST SEVERAL MONTHS, WE'VE MET WITH HDR TO REFINE THIS SCOPE AND FEE FOR THIS PROJECT AND COME TO, UM, DOLLAR AMOUNT, JUST OVER 3 MILLION.
WE ARE ASKING FOR, UH, YOUR AUTHORIZATION OF 3.3 MILLION TONIGHT, JUST TO HAVE ADDITIONAL FUNDS FOR ANYTHING THAT MAY, UM, COME UP DURING DESIGN BEING A TWO YEAR PROCESS.
THERE COULD BE SOME THINGS THAT ARE UNKNOWN AT THIS TIME, BUT IF IT DOESN'T GET USED, WE WILL NOT USE THOSE FUNDS.
UH, THE SCOPE INCLUDES PRELIMINARY ENGINEERING, UH, GEOTECHNICAL AND SURVEY, UH, VARIOUS DESIGN SUBMITTALS TO THE CITY FOR REVIEW, AS WELL AS PERMITTING WITH THE STATE AND LOCAL ENTITIES.
THEY'LL ALSO HELP US WITH, UH, BID PHASE SERVICES.
UM, WE WILL COME BACK TO YOU AT ANOTHER DATE TO, UM, BRING TO YOU THE CONSTRUCTION PHASE SERVICES AS WELL AS INSPECTIONS NEEDED FOR CONSTRUCTION.
IT'S TOO FAR OUT IN TIME FOR US TO REALLY NAIL DOWN WHAT THAT SCOPE AND FEE WOULD BE.
SO HENCE WHOEVER GONNA COME BACK TO YOU AT A LATER DATE.
UH, WE ANTICIPATE THIS PHASE ONE CONSTRUCTION TO COST ABOUT 24 MILLION, UH, THAT WILL GET FURTHER REFINED AS WE GO THROUGH DESIGN.
THE TIMELINE FOR THE PROJECT, UH, WILL BEGIN, ASSUMING APPROVAL WILL BEGIN THIS YEAR, UM, AND DESIGN AND PERMITTING WOULD END ABOUT MID 2028 WITH CONSTRUCTION BEGINNING THEREAFTER AND 2029 AND COMMISSIONING OF THE PLANT 2031.
SO WITH THAT, I'LL OPEN UP TO ANY QUESTIONS.
WE ALSO HAVE A COUPLE OF OUR TEAM MEMBERS FROM HDR WITH US TODAY.
UH, DARREN THOMPSON AND TROY SANTO.
SO THERE'S ANY QUESTIONS, COUNCIL MEMBERS, DO YOU HAVE ANY QUESTIONS? CONCERNS YOU AHEAD? COUNCIL QUESTION.
UM, WITH, WITH THE, WITH THIS NEW PLANT, WILL THAT HELP OUR FRIENDS AND NEIGHBORS IN DISTRICT ONE WITH THEIR WATER OR IS THIS TOTALLY SEPARATE? UM, SOURCE FOR, UH, FOLKS THAT LIVE OVER BY THE LAKE? I DIDN'T HEAR YOUR QUESTION.
COULD YOU REPEAT THAT? AS FAR AS THE TURBIDITY? NO, IN IN TERMS OF, BECAUSE I KNOW, UH, YOU KNOW, OUR BURNING RESIDENTS THAT LIVE OVER BY THE LAKE, THEY'RE, THEY'RE PAYING A LOT FOR THEIR WATER.
WOULD THIS PROVIDE A SOURCE FOR THEM SO THAT THEY'RE NO, THIS WOULD JUST BE FOR CITY OF BURN U MUNICIPAL UTILITY CUSTOMERS.
CAN I GET A MOTION FOR COUNCIL MACALUSO? MAY I MOVE TO APPROVE ON, UH, I MAY.
MAY I MOVE TO APPROVE RESOLUTION NUMBER 2026 R 47 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AND MANAGE TASK ORDER NUMBER 42 WITH THE HDR ENGINEERING INCORPORATED FOR PROFESSIONAL ENGINEERING SERVICES FOR THE BERNIE CITY LAKE WATER TREATMENT PLAN EXPANSION PROJECT FOR AN AMOUNT NOT TO EXCEED $3.3 MILLION.
COUNCILMAN BUNKER, PLEASE VOTE.
[9.A. 2026-393 WATER UTILITY UPDATE]
TO AGENDA ITEM NUMBER NINE C MANAGERS REPORT.BEN? YES, MAYOR AND, AND MEMBERS OF THE COUNCIL.
I REALLY HAVE ONE ITEM FOR YOU.
UM, YOU GUYS MIGHT REMEMBER, WE'VE ALWAYS KIND OF GAVE YOU ONE OR TWO, UH, UH, UPDATES OF THE WATER UTILITY, ESPECIALLY GOING THROUGH THE, THE SUMMER WHEN IT'S, YOU KNOW, PEAK DROUGHT, WATER RESTRICTIONS.
UM, WE'RE BLESSED WITH THE, WITH THE RAIN THAT WE GOT THIS YEAR, BUT THAT DOESN'T MEAN OUR DEMANDS STILL AREN'T HIGH.
AND SO I'VE ASKED DIRECTOR BRINKMAN TO KIND OF GIVE YOU A HEADS UP OVERVIEW OF WHERE WE'RE AT.
OF COURSE, YOU SAW THE COMMUNICATION WE GAVE LAST WEEK TO THE COMMUNITY ABOUT THE, THE WATERCOLOR AND SO FORTH, SO HE'S GONNA SPEAK TO THAT AS WELL.
UM, I HAVE THREE ITEMS TO TALK ABOUT.
ONE IS THE WATERCOLOR ISSUES THAT WE'RE HAVING CURRENTLY WITH THE TREATMENT PROCESS.
UH, TWO, THE ADDITIONAL TREATMENT THAT WE'RE PROVIDING HERE AND WE'RE ADVERTISING THIS WEEK.
AND THEN REALLY SOME OF THE DEMANDS THAT WE'RE GOING THROUGH WITH REGARD TO VOLUME AND HIGH USAGE TO, IN THIS AUGUST PERIOD, UM, WITH THE BLESSED RAINS THAT WE HAD COME SOME CHALLENGES.
WE HAD A TON OF DEBRIS THAT CAME INTO THE LAKE.
UM, YOU'RE TALKING TREES, VEGETATION, DIRT, YOU NAME IT, THAT ENTERED INTO THE LAKE.
AND WHAT WE'RE SEEING RIGHT NOW IS SOME OF THE AFTER EFFECTS OF THAT FLOATING, DEBRIS, SETTLING AND DECOMPOSING.
SO OUR PLANT IS TYPICALLY DESIGNED TO TREAT FOR THOSE ORGANIC CHEMICALS OR THOSE ORGANIC COMPOUNDS.
AND, UM, WITH THE HIGH DEMAND THAT WE'RE HAVING IS, UM, AND, AND THE DECOMPOSING OF THE DEBRIS, UM, PRESENTS A TREATMENT CHALLENGE TO TRY TO REMOVE ALL OF THOSE ORGANICS.
I'LL CALL 'EM, UM, OUT OF THE, UM, OUT OF THE TREATMENT PROCESS AND REMOVE THOSE SO THAT WE HAVE GOOD CLEAN WATER FOR OUR RESIDENTS TO DRINK.
AT THE SAME TIME, WE'RE EXPERIENCING REALLY HIGH DEMANDS.
SO AS WE TRY TO PUSH THAT WATER THROUGH OUR PLANT, WE HAVE TO MAKE SURE THAT WE CAN DOSE IT.
AND WHAT HAPPENS IS, IS THOSE ORGANIC LEVELS THROUGHOUT THE LAKE ARE VARYING DAY TO DAY.
[01:05:01]
AND SO WE'RE TRYING TO OPTIMIZE OUR CONVENTIONAL TREATMENT, VINTAGE 1971 PLANT TO MAKE SURE THAT WE CAN REMOVE ALL THOSE ORGANICS.AND PARTICULARLY WITH AN OLDER CONVENTIONAL PLANT, IT'S REALLY HARD TO REMOVE THOSE TINY, TINY, WE CALL 'EM NATURAL ORGANIC MATTERS OR TO TOWARD ORGANIC CAR CARBON.
BUT THAT DEBRIS IS REALLY HARD.
THAT CONSTITUENT IS REALLY HARD TO REMOVE WITH TRYING TO SETTLE THOSE, THOSE, THOSE ORGANICS OUT.
IT DOES IN SOME CASES HAVE A LITTLE BIT OF ODOR AS WELL.
BUT WE'VE HAD ABOUT MORE THAN TWO DOZEN COMPLAINTS WITH REGARD TO POCKETS OF WATER.
WHAT WE SEE WITH THOSE CITIZENS' COMPLAINTS ARE THAT IN MANY CASES, IT'S, UM, THAT PEOPLE HAVE NOTICED IT IN THEIR TUBS OR THEIR TOILETS.
UM, AND PARTICULARLY FOR THOSE FOLKS THAT HAVEN'T USED THEIR HOUSE FOR OVER A WEEKEND, THEY MAY HAVE WENT ON VACATION AND CAME BACK AND WE HAVE A HIGHER PROPENSITY FOR THOSE FOLKS TO HAVE COMPLAINTS BECAUSE THE WATER SAT THERE AND SOME OF THOSE ORGANICS JUST SETTLED WITHIN THEIR TOILETS OR WITHIN THEIR, THEIR TANKS.
UM, BUT WE'VE BEEN LOOKING AT THOSE AND TRYING TO MAKE SURE THAT WE CAN FLUSH THOSE AREAS OUT WHEN POSSIBLE, UM, BUT ALSO TWEAK OUR OPERATIONS AT THE PLANT TO MAKE SURE THAT WE CAN TRY TO REMOVE ALL OF THOSE ORGANICS PROPERLY.
UM, IT'S A STRESS, IT'S A CHALLENGE, AND STAFF IS THERE TRYING TO ADJUST THOSE ON A DAILY BASIS.
BUT IT IS, UM, PRETTY MUCH AN ART IF YOU'RE TRYING TO DOSE THOSE CHEMICALS CORRECTLY.
AND WE TRY TO USE THAT WITH ALUM.
SOME OF YOU HAVE BEEN ON A TOUR OF THAT PLANT.
WE USE ALUM AND WE ALSO USE POTASSIUM TO ATE TO TRY TO DROP OUT THOSE MANGANESE LEVELS AND THINGS THAT COULD CAUSE THE WATER TO BE DISCOLORED.
THE WATER IS DISCOLORED, IS NOT AT ALL IN ANY WAY HARMFUL.
IT MEETS ALL DRINKING WATER STANDARDS.
THOSE ARE SECONDARY STANDARDS WHEN YOU DEAL WITH, UM, WHEN YOU DEAL WITH COLOR, UM, AND IN SOME CASES ODORS.
UM, BUT, UM, I KIND OF LIKEN IT TO A TEABAG THAT, UM, YOU KNOW, YOU'RE TRYING TO FILTER OUT THAT FINE FINE DEBRIS THAT CAME FROM THE TEA, UH, THE TEABAG ITSELF OUT OF THE WATER THAT YOU HAD IN YOUR TEA GLASS.
SO IT'S REALLY CHALLENGING TO DO THAT WITH THEIR TREATMENT PLANTS.
UM, BUT STAFF IS DOING A REALLY REMARKABLE JOB TRYING TO DOSE THAT ON A DAILY BASIS AND MEASURE THAT EVERY DAY.
TRY TO KEEP THAT AS MINIMAL AS POSSIBLE.
UM, THE SECOND ITEM IS, UM, WE'RE ADVERTISING THIS WEEK, IF YOU REMEMBER, WE HAD A GRANT PROPOSAL GO TO THE TEXAS WATER DEVELOPMENT BOARD.
UM, WE'RE ROUGHLY AROUND $2 MILLION TO DO A, UH, ACTIVATED CARBON TRAIN THAT WENT ONTO THIS PLANT THAT WE COULD HELP RUN SOME OF THIS CHEMICAL THROUGH OR SOME OF THIS, UH, UH, LAKE WATER THROUGH.
SO THAT'S BEING ADVERTISED NOW.
AND SO HOPEFULLY WITHIN A FEW WEEKS WE'LL HAVE BIDS BACK ON THAT AND BRINGING THAT BACK TO COUNCIL FOR SUBSEQUENT APPROVAL TO INSTALL THAT TREATMENT DRAIN UNTIL WE CAN GET THE BIGGER PLANT UP AND RUNNING.
A LOT OF TIMES THOSE COLOR ISSUES, THE ONLY WAY YOU CAN GET THOSE COLOR ISSUES ARE THROUGH AN ACTIVATED CARBON OR MAYBE RO BUT IT BECOMES VERY EXPENSIVE WHEN YOU GO RO.
SO HOPEFULLY ACTIVATED CARBON WILL KNOCK MOST OF THAT OUT.
UM, THE LAST CHALLENGE IS AS WE'RE TRYING TO ADDRESS THAT PLANT AND GET SOME PEAK PRODUCTIVITY OF THAT PLANT, UH, WE'RE EXPERIENCING SOME OF THE RECORD HIGHS WE'VE EVER USED FOR WATER THROUGHOUT BERNIE.
I THINK THE LAST TIME WHAT STAFF IS TELLING ME IS THAT IT IS 2023, WHERE WE HAD A HUNDRED DAYS OF A HUNDRED DEGREES AND WE HAD REALLY HIGH DEMANDS ON THE UTILITY, UH, FOR POTABLE.
AND SO WE'RE OVER WITH, WITH DRINKING WATER AND WITH RECLAIMED WATER OVER 5.2 MILLION GALLONS A DAY ON AVERAGE ALL LAST WEEK.
SO SIGNIFICANT CHALLENGES IN TRYING TO MEET AND SUSTAIN ALL THE WATER NEEDS WITHIN BERNIE.
SO WE'RE RATCHETING UP SOME OF OUR INSPECTIONS TO MAKE SURE PEOPLE WATER ON THEIR PROPER DAY.
WE'VE HAD A FEW OCCURRENCES WHERE WE HAVE IT, AND SO WE'VE BEEN SENDING PEOPLE NOTICES, UM, TO MAKE SURE THAT THEY ADHERE TO THEIR ONE DAY A WEEK WATERING.
IT IS VERY HOT AND, UM, AND SOME PEOPLE, UH, WEREN'T QUITE MINING THEIR WATER UTILITY, UM, UH, IRRIGATION DAY.
BUT, UH, WE ARE SEEING PEAK USAGE OFF OUR RECLAIM SYSTEM TO WHERE WE ALMOST CAN'T KEEP UP.
THAT'S BEEN SUCH A TREMENDOUS SUCCESS.
BUT THE POTABLE SYSTEM AS WELL, WE ONLY HAVE A CERTAIN VOLUME FROM GBAA CERTAIN VOLUME FROM OUR GROUNDWATER.
AND SO WE'RE TRYING TO MAKE UP SOME OF THAT WITH THE LAKE WATER, BUT ALSO NOT TO CREATE, CREATE WATER CO COLOR ISSUES FOR THE CUSTOMER AS WELL.
SO THAT IN SUMMARY CONCLUDES WHAT I WAS HERE TO PRESENT, AND I'D BE HAPPY TO ANSWER ANY QUESTIONS OR I'VE GOT SOME REINFORCEMENTS IN THE BACK WHERE I NEEDED SOME HELP.
COUNCILOR, DO YOU HAVE ANY QUESTIONS OF CONCERN? NO, THAT'S A GREAT, UH, EXPLANATION.
I APPRECIATE EVERYTHING, MIKE.
REALLY QUICKLY, ONE OTHER THING.
I JUST WANNA PUBLICLY THANK MY STAFF.
UH, YOU GUYS KNOW THE BUDGET THIS YEAR WAS A LITTLE MORE CHALLENGING, MY MOST CHALLENGING OUT OF THE SIX YEARS I'VE BEEN HERE WITH THE CITY.
I APPRECIATE THEIR COMMITMENT TO, UH, BRING FORWARD A VERY EFFICIENT BUDGET
[01:10:01]
WHILE AT THE SAME TIME MAINTAIN AND EVEN ENHANCE SERVICE LEVELS BECAUSE WE HAVE THOSE EXPECTATIONS AND REQUIREMENTS.SO I APPRECIATE EACH ONE OF THEM AND WE'RE LOOKING FORWARD TO ANOTHER GREAT FISCAL YEAR WITH SOME OTHER GREAT PROJECTS ON THE HORIZON THAT WILL BE, UH, UNVEILING.
[10. COMMENTS FROM COUNCIL – No discussion or action may take place.]
AGENDA ITEM NUMBER 10.ANY COMMENTS FROM COUNCIL THIS EVENING? HI.
UM, YEAH, ONE, UM, I WANT TO MAKE SURE THE PUBLIC KNOWS THAT OUR NEXT MEETING WE'RE GONNA HAVE A FULL DISCUSSION ON, UM, LICENSE PLATE READERS.
UM, WE DIDN'T DO THAT TONIGHT, I THINK IN MOST PART BECAUSE MOST PEOPLE HERE LEFT, UM, MADE COMMENTS AND THEN LEFT BEFORE WE EVER TALKED ABOUT THE BUDGET.
SO I WAS A LITTLE DISAPPOINTED.
I KNOW THERE'S STILL A FEW PEOPLE HERE WHO MAYBE WERE, BUT ALL THE PEOPLE WHO MADE COMMENTS GOT UP AND LEFT.
BUT I'LL STILL MAKE THE COMMENT I WAS GONNA MAKE.
UM, I THINK WE ALL HAVE HEARD, YOU KNOW, A PORTION OF THE COMMUNITY'S CONCERNS REGARDING THE PROCESS TRANSPARENCY AND DATA PRIVACY CONCERNS RELATED TO OPR, UM, ET CETERA.
UM, PASSING TONIGHT'S BUDGET ENSURES THAT OUR POLICE DEPARTMENT HAS THE BODY CAMERAS, TASERS, AND OPERATIONAL TOOLS REQUIRED TO PROTECT BERNIE TOMORROW MORNING WITHOUT DISRUPTION.
UM, YOU KNOW, TONIGHT REALLY, UM, DISCUSSION WAS MORE ABOUT THE BUDGET ADAPTATION AND THINGS THAT WERE COVERED WITHIN THE BUDGET.
UM, NEXT COUNCIL MEETING WILL HAVE A FURTHER DISCUSSION ABOUT OUR LPR GUIDELINES, AUDIT REQUIREMENTS, VENDOR AGREEMENTS.
I THINK FURTHER DISCUSSION INTO THAT, I THINK COUNCIL HAS MORE IDEAS, UM, RELATED TO SOME OF THE GUIDELINES RELATED TO, UM, SOME OF THOSE ITEMS. AND I KNOW, UM, I APPRECIATE THE POLICE BEING HERE.
UM, BUT YEAH, I JUST WANTED TO MAKE THAT COMMENT AND KNOW THAT I THINK ALL OF US HAVE BEEN LISTENING.
I REALLY APPRECIATE WHAT STAFF AND CHIEF AND YOUR DEPARTMENT DID, UM, IN A PRETTY QUICK AMOUNT OF TIME, UM, WITH YOUR ALL, ALL THE WORK YOU'VE DONE.
I THINK, YOU KNOW, UH, MR. ASHER MADE HIS COMMENTS ABOUT THE, YOU KNOW, FIVE THINGS HE WANTED TO SEE FROM US.
AND I THINK THAT FOUR OF THE FIVE WERE MET.
ONE OF 'EM WAS NOT ADOPTING FLOCK, WHICH I DON'T THINK, OBVIOUSLY WE DIDN'T DO, NOR DO I THINK WE WERE GOING TO DO.
BUT THE OTHER FOUR, OTHER FOUR I THINK WE HAVE MET.
UM, SO I'M PROUD TO SAY THAT WE'VE DONE LISTENED AND DID WHAT I THINK THE PUBLIC WAS SAYING.
UM, I'M SURE SOME WILL DISAGREE WITH THAT, BUT I THINK WE HAVE AND I APPRECIATE THAT, UM, STAFF LISTENED AND MADE THAT HAPPEN.
I THINK THAT COUNCIL MC LUSO, I, I JUST, I'LL REITERATE A LITTLE BIT, BUT AGAIN, I WAS GONNA SAY A FEW THINGS, BUT EVERYBODY GOT UP AND LEFT AND I THINK IT'S SO TELLING AND SO DISAPPOINTING.
WE HEARD COMMENTS FROM PEOPLE, WE DID CONSIDER THOSE COMMENTS.
WE HAVE TALKED ABOUT THEM, WE HAVE ANALYZED THEM, WE'VE ASKED FOR DIFFERENT DATA.
UM, BUT THEY LEAVE BEFORE YOU HAVE A CHANCE TO ACTUALLY PUBLICLY DISCUSS IT.
SO HOPEFULLY NEXT TIME WE'LL GET TO DO THAT.
BUT I WANNA MAKE A COUPLE OF COMMENTS.
IF A CITIZEN HAS AN ISSUE WITH THE CONSENT AGENDA, RAISE IT SO WE CAN BRING IT UP.
WE CAN PULL ANYTHING OUT OF A CONSENT AGENDA.
THE FLOCK AGREEMENT WAS PART OF A CONSENT AGENDA IN 2023.
THERE WAS NO, NO CON UH, CONCERNS RAISED BY THE PUBLIC AT ALL.
WE DID VET THAT THE AXON AGREEMENT, WHICH JUST OCCURRED I THINK LAST YEAR, WAS A PUBLIC ON THE CONSENT AGENDA.
I EVEN PULLED IT OUT TO ASK QUESTIONS AT THAT TIME.
EVERYBODY WAS FOCUSED ON BUCKY'S.
I UNDERSTAND THAT, BUT I MEAN, THESE THINGS ARE THERE.
AND WHAT I THINK THE PUBLIC DOES NOT UNDERSTAND ABOUT THE CONSENT AGENDA IS WE DO RESEARCH.
WE LOOKED INTO ALL THESE THINGS, WE READ ABOUT 'EM.
SO WHEN WE COME HERE AND IT'S ON THE CONSENT AGENDA, IT'S LIKE, OH GEE, WE NEVER SAW THIS BEFORE.
THAT IS NOT IN ANY WAY, SHAPE OR FORM WHAT HAPPENS.
THE SECOND THING I WOULD SAY IS THAT, TO YOUR POINT, EVERYTHING THAT WE'VE HEARD FROM THOSE THAT HAVE ACTUALLY REACHED OUT, AND IT'S NOT THAT MANY WE'VE ADDRESSED AND ARE ADDRESSING AND SHOULD BE ADDRESSED, I'M SURE AS WE DISCUSSED NEXT WEEK.
THE LAST THING I WANNA SAY, PEOPLE KEEP REFERRING TO THE, THE, THE COUNTY, COUNTY IS NOT THE CITY.
THE TRAFFIC COUNTS IN THE CITY OF BERNIE FOR 2025 ON THE MAIN ROADS.
THAT'S I 10 46 MAIN STREET, ET CETERA.
THE CUMULATIVE INTERSECTIONS OF ABOUT NINE OR 10 INTERSECTIONS, 88 MILLION VEHICLES LAST YEAR, 88 MILLION.
I GUARANTEE YOU THOSE NUMBERS DON'T EXIST IN COMFORT OR CALIA OR WEARING OR WELFARE.
NOW, WHO ARE ALL THOSE PEOPLE COMING THROUGH HERE? POPULATION HERE IS WHAT, 22, 20 3000? I DON'T THINK WE, WE RACKED UP 88 MILLION HITS ON THE, ON THE, UH, THE, THE TXDOT FILES THEY'RE GOING THROUGH FOR 23,000 PEOPLE, EVEN 50,000 PEOPLE IN KENDALL COUNTY.
[01:15:01]
THE POINT I'M MAKING IS THE CRIME ISSUE HAS BEEN IMPORTANT HERE.A SAFE COMMUNITY IS A COMMUNITY ONE PEOPLE, PEOPLE WANT TO GO TO AND WANNA STAY IN.
AND WE WE'RE GONNA KEEP IT SAFE.
THIS IS A LAW AND ORDER STATE.
OUR POLICE CHIEF, OUR DISTRICT ATTORNEY, OUR COUNTY SHERIFF, THE UH, UH, ASSOCIATION OF POLICE CHIEFS IN TEXAS, EVERYONE HAS ASKED US NOT ASKED CITIES AROUND THE STATE TO NOT ELIMINATE THESE SYSTEMS. NOW THAT DOESN'T MEAN THEY AREN'T SAFEGUARDS AND WE'RE GONNA GO THROUGH ALL THAT.
AND THERE ARE THINGS WE'RE CONCERNED.
THERE ARE THINGS AS YOU KNOW, I'M VERY CONCERNED ABOUT.
AND WE'VE, AND I'VE ADDRESSED THOSE WITH THE CITY AND THE POLICE AND THEY'LL BE, THEY'LL BE ADJUDICATED.
BUT MY POINT IS THAT IT'S DISAPPOINTING THAT THEY, EVERYBODY LEAVES, YOU KNOW, WE'RE HERE AND THEY SAY, WELL, YOU DON'T LISTEN TO US.
SO ANYWAY, THAT'S ALL I GOTTA SAY.
ANY OTHER COMMENTS? I I JUST THINK THAT, UM, WE DO HAVE ANOTHER OPPORTUNITY FOR DISCUSSION.
SO I ENCOURAGE PEOPLE THAT DID REACH OUT OVER THE LAST COUPLE WEEKS TO CONTINUE TO REACH OUT AND, UM, LET YOUR COUNCIL PEOPLE KNOW YOUR CONCERNS AND COME OUT AND SPEAK.
UM, I THINK IF YOU TAKE THE TIME TO SHOW UP, YOU SHOULD STAY.
UM, I THINK OUR RESPONSIBILITY THOUGH, AS COUNCIL PEOPLE IS, YOU KNOW, WE HAVE MORE PEOPLE IN OUR COMMUNITY THAN JUST THE PEOPLE IN OUR AUDIENCE HERE PHYSICALLY.
SO, UM, WE DO OWE IT TO THE PUBLIC TO HAVE A CONVERSATION AROUND ACCOUNTABILITY AND TRANSPARENCY ON THIS AGREEMENT.
I THINK THAT'S WHAT'S THE NEXT STEP.
UM, I ANTICIPATED DOING THAT THIS EVENING, BUT I'M OKAY WITH DOING IT NEXT TIME.
UM, BUT IT DOES REQUIRE COMMUNITY PARTICIPATION, SO CONTINUE TO REACH OUT, SHOW UP AND STAY.
I THANK YOU COUNCILMAN, COUNCILMAN BUNKER.
NO, I, I APPRECIATE EVERYONE THAT CAME FORWARD THIS EVENING AND SPOKE THIS EVENING ABOUT THEIR, THEIR CONCERNS.
I ALSO APPRECIATE THE COUNSEL'S RESPONSE.
I'LL, I TOO ECHO THE FACT THAT WE'RE HERE FOR PUBLIC HEARINGS, FOR THE COMMENTS TO COME.
IF YOU'RE GONNA COME STAY, I'D APPRECIATE THAT.
ALSO, I TOOK A LOT OF NOTES AND TO TIES, UH, RESPONSE.
UM, YEAH, A LOT OF THOSE THINGS THAT YOU WERE ASKING FOR, UM, WE'VE ALREADY ADDRESSED WITH OUR CITY AND POLICE DEPARTMENT, AND I HAVE THE UTMOST RESPECT, UH, FOR OUR POLICE DEPARTMENT AND ITS LEADERSHIP IN THIS COMMUNITY.
AND THIS IS NOT ABOUT, I BELIEVE THIS IS NOT ABOUT POLICING OUR COMMUNITY.
UM, IT IS ABOUT MAKING OUR COMMUNITY BETTER ONE WAY OR THE OTHER AND EQUIPPING OUR OFFICERS AND OUR, OUR CITIES WITH THE, WITH THE TOP TECHNOLOGIES THAT WE CAN POSSIBLY USE.
AND SO, UH, WHEN YOU REALLY DIG INTO THIS RESEARCH AND THE SHARING DATA AND EVERYTHING LIKE THAT, UM, WHEN YOU REALLY GET DOWN TO THE BOTTOM LINE, UM, I THINK WE HAVE A REALLY GOOD POLICY AND WE HAVE A REALLY GOOD GRIP AND, AND, AND THE INTEGRITY IN OUR DEPARTMENT, UM, IS TOPNOTCH.
AND SO, UM, I DON'T QUESTION, UH, THEIR DECISIONS AND, AND HOW THEY, HOW WE HANDLE THIS AS A COUNCIL AND AS A CITY.
SO, UM, I'M LOOKING FORWARD TO THAT DISCUSSION IN A COUPLE WEEKS.
BUT ALSO, UH, JUST HATS OFF TO OUR, OUR, OUR FIRST RESPONDERS AND THE JOB THAT THEY DO.
THAT BEING SAID, UM, ALSO A REMINDER TO EVERYONE THAT LIVES ON THE OUTSKIRTS OF BURNING STATE LIMITS, IT IS DOVE SEASON.
ALL RIGHT? SO IF YOU HEAR SOME GUNSHOTS, DON'T NECESSARILY FREAK OUT, RIGHT? JUST KIND OF KNOW WHERE YOU ARE.
UH, I WANNA THANK EVERYONE THAT CAME OUT TO THE KENDALL COUNTY FAIR THIS WEEKEND AND SUPPORT OF THE KENDALL COUNTY FAIR ALSO.
UM, UH, WHAT A GREAT EVENT FOR OUR COMMUNITY AND FOR OUR, UH, MEMBERS OF THE CITY THAT WENT OUT AND WE WERE THERE.
UH, THANK YOU ALL FOR PARTICIPATING AND KEEPING THAT, UM, TRADITION ALIVE AND WELL HERE IN KENDALL COUNTY AND ALSO THE CITY OF BURN.
THAT BEING SAID, Y'ALL HAVE A GREAT EVENING.
WE'RE OFFICIALLY ADJOURNED AT 7:56 PM.