Mertzon City Council Meeting January 2 2024

The GMPL, the huge parking lot at the lower right, was empty during the recent Billy Barnett Holiday Hoops tournament. No more than two cars at a time used it during the event. The lot is the latest source of stormwater that pours directly into City of Mertzon streets.

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Here is the agenda for the January 2, 2024 meeting, with my comments below and meeting analysis below that:

Agenda comments:

1. This website, Government in the Sun, was born out of what I have alleged was an unlawful street closure, so a street closure refresher is relevant. Will the throngs of people that showed up to close 4th street and the alley for the new gym show up for this 3rd St. closure? Or, was that flash in the pan advocacy back in 2020 by certain discreet citizens and behind the scenes school administrators and board members whose primary wishes were a new gym and to manufacture a wreck?

City of Mertzon minutes of joint meeting with Irion County ISD.

And below are City's minutes from its 2020 meeting one week later. Again, note the people involved and that the motion to close did not include closure of the adjacent alley. I was the only person to oppose, though I was joined by one City Council member who opposed, Melissa Matthews. (That took a lot of courage on her part. To date, she represents the only public official who publicly opposed the closure.) Since it isn't clear who "Mrs. Miller" was, for the record, note that she is the mother to former board member Wade Miller, who strongly favored the new gym and its 4th St. location.

Minutes of City of Mertzon purportedly showing the closure of a street for a new gym.

Both the City and the District were armed with lawyers, so all was given the appearance of holiness. But, I've never bought into that. (Among other things, Councilman Crutchfield's motion to close failed to include that adjacent alley, which was fatal.) Also, for more on Athletic Director Jacob Conner's role, go here. He was actively involved in favor of the closure at both meetings. Finally, for context, recall that both of these meetings were held after the school board had approved an alternate site and one board member lead a rebellion.

2. I am glad to see that the City invited Mr. Bitner to speak at agenda item 6. I will follow up with the importance of this part of the meeting in my meeting analysis below.

Meeting analysis:

1. Here are my public comments at the meeting: "Regarding agenda item 5 relating to the closure of a portion of 3rd Street, my website GovernmentintheSun.com pretty much says all that I can say about street closures in Mertzon. One thing left unsaid, though, is that I think there needs to be some accountability of the District, some road work and some flood prevention before the City commits to more permanent street closures."

2. In a stunning reversal of approach from the 2019 bonds, the Council voted unanimously to table Irion County ISD's request to close a portion of 3rd street and connected any future closure to bond funds including monies for flood prevention and improved parking. The consequences of this approach are profound. a. First, it symbolizes a stronger city government in which the City utilizes its real leverage over school growth - the streets. Municipal government in Texas has authority over our city streets, and one way a city can manage growth is by protecting its streets. Mayor Stewart and this council I think are appropriately saying that the City has been schooled enough by the District, and it is unwilling to let the District have its way with the City's streets. This is a fine example of a stronger city government. Of course, now it has to stick to its guns. b. Second, this puts the onus back on the District to win voter approval of the bonds first. The City wisely did get over invested in the success of the District's bond package. There will be reasons to scrutinize the bond package (watch this website), and there is no reason for the City to assume it will pass when nothing has been publicly disclosed by the District at this point. c. Third, this also means there was no wink and a nod by the City with the District to close a street like what happened before the 2019 bond election. (Neither the District nor the City disclosed before the vote that the bond included the closure of 4th St. and alley for the new gym; in fact, Supt. Gray misrepresented the location the gym to me before the bond election. Come to find out Mayor Hight at the time of the bond election had already committed that the City would close the street for the District.) The voters never approved the location of the new gym, and, because the City failed to pass an ordinance closing 4th St. for a new gym as required by law, the voters had no say whatsoever in the location of a significant public building. Now the District will have to disclose to voters that their bond proposal includes capital improvements that will require a permanent street closure. This approach puts the matter in the hands of the voters, where it should be. Bond elections that involve street closures are naturally controversial because they involve private property rights and access. Such things should not be left to the sole discretion of school superintendents, principals, athletic directors or even school boards. Winks and nod agreements should be avoided because they take the matters out of the hands of voters. d. Fourth, it puts the onus on the District to address parking before the bond election rather then after, as was done in 2019. Look no further than the parking lot monstrosity I call the GMPL as an example of misuse of government funds for parking. (See the photo at the top of the page for the latest on the GMPL and here for its beginnings.) The GMPL put the 2019 bond project into the red, and if the District is going to remedy an obvious over commitment to athletic facilities and their maintenance and operations, it is going to have to commit to the expense of parking management in its bonds. (To his credit, former Mayor Taylor tried to get the District to deal with parking congestion, but he was shot down by the August 17, 2020 meeting discussed above. It was wise of Mayor Stewart and his council to force the issue before the bond election because the District intentionally avoided addressing known parking problems related to the 2019 bonds.

3. Agenda item 6 - Byron Bitner with Irion County Appraisal District gave an excellent presentation on a number of questions raised by the Council about how the Appraisal District works. My interest in his office dates back to my presentation to the District in April 2019 - before the bond election - when I urged that the District meet with all stakeholders, including Irion County, to evaluate the impact of stormwater runoff from the then proposed new gym. Mr. Bitner, as Chief Appraiser, needed to have been informed even back then about the potential of lower property market values in the City of Mertzon that might be caused by stormwater runoff from the school's bond packages. Moreover, since 2019 state law has changed so that property owners in Texas who experience flooding have to make certain disclosures that will necessarily lower the property value. See section 5.008 of the Texas Property Code. Rental properties with a history of flooding also require notices. By my count, at least 17 property owners will suffer increased flooding from the District's new gym, all of which fall under Mr. Bitner's jurisdiction. It is in the interest of the District to coordinate closely with all taxing authorities in the county to assure that the property values are maintained, and it did not do so in 2019. This meeting was an opportune time for Mr. Bitner to witness first hand the District having to address its role in flooding our community. He was present during my public comments and during agenda item 5.