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This is the old Scout House on 202 just north of the Sherwood Courthouse. I spent a lot of time here as a kid here looking for something and never quite finding it. The home my Great Great Grandfather Ferdnand Noelke built sits nearby a few blocks away and is still in use today. Here are the agendas for the March 4 and February 15 meetings, with my agenda analysis and meeting analysis below. I did not attend the Feb 15 meeting, so that part of this page is still pending. Agenda Analysis March 4, 2024 meeting: The meat of this agenda is at items 5 and 6 relating to the cancellation of the May 4 election. See my meeting analysis below for more on this. February 15, 2024 meeting: Agenda item 5, Order of General Election, is a required part of the May 4 council member election. The remainder of the agenda is a stock City of Mertzon agenda. Meeting Analysis March 4, 2024 meeting Here are the meeting documents for this meeting. In addition, here is my analysis: Election efficiency with a bite. On rare occasion our democratic system serves up efficiency, and this meeting is an example. But, this efficiency comes with a bite. At items 5 and 6, the Council made quick work of dispensing with an entire election for 3 city council positions. Can they do that?! Well, yes, if no one opposes the current positions up for election and the the incumbents timely file for re-election. See Texas Election Code 2.051-.053 that allows for this. It only makes sense, doesn't it, that if candidates don't draw an opponent that there need not be an election. Elections are expensive, and they should not be held when there is no contest. Here comes the bite, though. In a small community like Mertzon where there is voter apathy, no public attendance at city council meetings and no news organization covering local politics (the 4th estate), elections that are lawfully waived allow the incumbents to serve without any real accountability. They can also serve as long as they wish since there are no term limits and the cost of re-election is $0. In this instance, Council Members Jayton Lindley, Danny Crutchfield and Randy Councilman all got a lawful pass on a re-election campaign and will serve another term without the requirement of a single vote being cast in their favor on election day two months away. The bite is this: it was Council Members Crutchfield and Lindley who voted to close 4th Street for City Gym during their current terms in office. (Indeed, Council Member Crutchfield made the motion.) And, on the very same election day that they get to skate, May 4, 2024, there will be a $55 million dollar school bond election. In that election, if Irion County ISD does what it has already expressed its intent to do, funds are necessarily going to be dedicated to flood diversion to correct the massive flooding problems caused by the very City Gym supported by Council Members Crutchfield and Lindley. So they, like the others I've covered in this blog (most recently Athletic Director Jacob Conner) get to avoid accountability for their involvement with City Gym. (Note: Council Member Randy Councilman was not on the council at the time the vote to close 4th Street was taken.) One goal of Government in the Sun is to create public accountability where there was none before. In this city council meeting, a seemingly efficient Election Code works to the favor of local government that still has yet to come to grips with community wide flooding. Indeed, that flooding is largely aggravated by the affirmative actions of both the School Board and the City Council and a passive county government, Irion County. The Election Code, even if lawfully used here, is yet one more part of the narrative of how our community allowed government to flood itself without accountability. We often hear that the remedy for complaints with our elected officials is our right to vote. (Please, by the way, vote today in the primary election.) Sometimes, however, we don't always get that right. In this case, then, our First Amendment rights and open government laws become essential in creating public accountability and correcting the errant behavior of elected officials who aren't challenged on election day. Folks, if you sit on the sidelines in this experiment in democracy, your local government may, literally, flood your property and think nothing of it, just as it thinks nothing of flooding itself when it unlawfully closes a street and an alley for a new gym. The cost of water. Page 9 of the meeting documents points out an accounts payable to Abel Water System for $4,579. This expense was to repair a City owned water well. The repair bumped the production of the well up to 32 gallons per minute. The overall impact will be less reliance on the City's private wells owned by Loye Tankersley and Rodney Robertson. The City spent a combined $2,818.75 for those wells last month alone. As previously stated, the City needs to continue its search for its own water sources and rely less and less on private water. (See my meeting analysis # 4 on this page.) Independent water production should be a goal for the City. Speed on the Hill. As reported in this meeting, the top speed logged by the new radar sign was 51 mph. That is in the 25 mph zone on the west side of Bank Hill (Main and 2nd Street.) C'mon now, it is dangerous enough out there already. You can't be serious to top out at 51 coming over Bank Hill. If anything, Chief Bill Taylor at the Irion County Volunteer Fire Department (at Main and 1st Street) ought to up in arms over the danger. The new Fire Department facility is extremely vulnerable to speeders traveling East on Main since their drive way is on Main and blind from view going east. February 15, 2024 meeting analysis: Here are the meeting documents for this meeting. Further analysis pending. Copyright 2024 G. Noelke

"Be good to your neighbor" is a message I regularly ask of my neighbor up the hill who so readily spends my tax dollars, and I do my best to exchange the sentiment, especially on the big issues where we agree. Updates: This page was initially posted on the morning following the election, March 6, 2024. The latest update was on March 8 and can be found here. The AP has called the winner, Drew Darby, an unapologetic anti voucher incumbent, in the local state House of Representatives election. The contest was really over a single issue - school vouchers that are being sought by the financial backers of Governor Greg Abbott. Here is the position I took opposing vouchers leading up to the election. Government in the Sun is interested in the issue of open and transparent government, not political endorsements. That said, I am relieved that Darby won the contest. I differ with him, however, on a myriad of issues raised during the primary that were clearly conservative dog whistles intended to get out the vote. It was undoubtedly a nasty campaign. It's not over until the fat lady sings, as they say, and on the issue of school vouchers I'm afraid that lady is nowhere in sight. Darby himself made the point when he was here in Mertzon that the issue of school vouchers dates back to 1957 when certain members of the state legislature were trying to get around the desegregation required by Brown v. Board of Education, only to be stopped by a filibuster by Henry B. Gonzalez. Racism is undoubtedly a hidden motivating factor for those supporting vouchers, and it needs to be called out as unacceptable at every opportunity. I address some of Mertzon's racist past on the bottom of this post. Finally, back to my "be good to your neighbor" message. Flooding a neighbor from the campus of a public school with stormwater runoff is no less of an existential crisis for that neighbor's private residence than school vouchers are to that public school. Both flooding and vouchers relate to existence - existence of one's home, existence of a public governmentally supported education. Flooding destroys homes, and vouchers destroy public education. Local government, particularly rural public schools, can never be sure where their most ardent supporters are going to reside, so the best policy for them is, yes, be good to their neighbor. Their neighbor just might be principled enough to look past the politics and the billions of taxpayer dollars in play and do the right thing. They might do the right thing just because they believe in public education for their community. That's a good neighbor to have. And that's also a constituent that Rep. Darby needs to remember. Updates: March 8, 2024. Here's a Texas Tribune article on the statewide turnout for the March 5, 2024 primary election. And, here is also a Tribune article about TEA this week placing the largest statewide charter school, IDEA Public Schools, under conservatorship. (My point: when tax dollars leave public education the funds are susceptible to waste and misuse. A more efficient way to improve public education is to merely engage the community in meaningful oversight of its public schools.) March 7, 2024. In Irion County only, according to the Texas Secretary of States Office, of the 393 total votes cast in the Darby v. Stormy Bradley District 72 race, Darby received 237 votes and Bradley received 156 votes. (60.31% to Darby and 39.69% to Bradley.) Contrast these numbers to the school choice proposition on the ballot and it is clear there was some voter confusion. That proposition read, "PROPOSITION 11: TEXAS PARENTS AND GUARDIANS SHOULD HAVE THE RIGHT TO SELECT SCHOOLS, WHETHER PUBLIC OR PRIVATE, FOR THEIR CHILDREN, AND THE FUNDING SHOULD FOLLOW THE STUDENT." This proposition in Irion County received 387 votes total, and of those 254 votes (65.63%) were in favor and 133 votes (34.37%) were against. Thus, voters voted in quite a large percentage (65.63%) in favor of school choice in the proposition, but also voted in quite a large percentage (60.31%) in favor of the candidate, Darby, who was not favoring school choice. Overall for Irion County for the Democrat and Republican primaries combined, the turnout was 32.84% or 401 total votes cast out of the total 1,221 registered voters. Copyright 2024 G. Noelke

Early voting ends on Friday. Election Day is March 5, 2024. Before our state Representative incumbent candidate who opposes school vouchers even knew the name of his primary opponent, I had taken a position. Indeed, during all those special legislative sessions where Gov. Abbott was holding teacher pay hostage, I had taken a position: It is Wrong to Treat Teacher Pay This Way It was wrong for the Governor to have even attempted public school vouchers for his financial backers by holding teacher pay hostage during the sessions. And, it's no less wrong now for the Governor, and his financial backers, to be spending untold millions on opposition primary candidates to go against those legislators who refused to support him on vouchers during the legislative sessions. Vouchers divert public tax dollars into private interests. And, there will certainly be less oversight of those dollars once they are privatized. Copyright 2024 G Noelke

Based on these Live Oaks and the ones nearby, I suspect that the District in the 40's and 50's took out the Live Oaks that were on what is now the play field behind these trees. Thus, we are likely nearing a century long practice by the District of altering the natural environment by reducing green space and creating impervious structures - on a limestone hill top. February 16, 2024 update: At it's February 14 meeting the Board approved a bond call for a total of $55 million for a May 2024 vote. It will be broken down as follows: $53 million for new construction and renovations, $1 million for technology and $1 million for teacher housing. Last week and the week before I attended the two community committee meetings sponsored by ICISD on whether to call a 2024 school bond and, if so, for how much. My take away is that a bond proposal of just north of $50 million will be proposed to the school board at its February meeting. If you'll take the time to understand this photo below of a slide authored by the prospective bond seller, Live Oak, you will be halfway to understanding why another bond is being proposed so closely on the heels of the 2019 bonds: Put simply, the 2023 Texas Legislature passed laws that were signed by Governor Gregg Abbott and those laws make a school bond more affordable. Another way of saying it is that some of the savings from those legislative changes will be clawed back to a point that taxpayers still won't see an increase from last year's rate. The other half of this equation is that school taxes dedicated to paying for those bonds, I&S or Interest and Sinking, are funds that stay in the District and are not recaptured by the State of Texas. More on this later. For the moment, I am going to keep my powder dry on whether this bond is going to be a continuation of the 2019 school bond debacle that gave rise to Government in the Sun. One astute teacher at the meetings observed that I was the only person in the room that didn't have a direct connection to the school. (Meaning, correctly, that I was not dependent on the school.) He cautioned all present to not fall prey to their own echo chamber. See also the concept of confirmation bias. Smart thinking. The District and all those who stand to profit from these probable 2024 bonds can hopefully see now, more so than in 2019, to be careful for what you wish for. Capital improvements necessarily should bring public scrutiny concerning whether the essential purposes of the school - to create opportunity and community - are being accomplished. Copyright 2024 G Noelke

This is my photo of a Parkhill slide during a recent ICISD community meeting showing where runoff should be according to the topo map. The red and green arrows show that the water flows to City Park and, specifically, to the county owned roping arena and community center barn. The three government stakeholders in every flood, therefore, are Irion County ISD, the City of Mertzon, and Irion County. Whether or not your residence is being flooded, one question you should ask is: What are these government stakeholders doing as stewards of your tax dollars to protect City Park? Here is the agenda for the February 5, 2024 meeting, with my agenda analysis under that and my meeting analysis under that. Agenda Analysis: Item 6, Frontier: This hopefully about the installation of Frontier's new fiber optic cable. Mertzon is sorely missing fast internet speeds, and Frontier has long rumored to be installing a fiber optic cable. Item 5, street closure for a party: You might not think about it unless you are a regular reader of this blog, but in Texas the streets are the domain of the city. So, whether to party on them or to use them as part of your construction or business, you do so only with approval of the City. And, squatters can't take adverse possession of a street, no matter how long they stay. Who is going to clean up the pop cans in the street after the party is over what I want to know... What's not on the agenda: Mayor Stewart and Councilman Councilman attended both and Councilman Crutchfield attended one of the ICISD pre-bond committee meetings that I also attended last month. It would have been appropriate for specific time on this agenda to have an update on the potential bond. Mayor Stewart asked a number of well placed questions at the meetings addressing his concerns regarding flooding. While a bond update may be covered at 11 b, Other announcements, everything related to a possible $50+ million bond should receive its own agenda item because of significant size. (The 2019 bond was the largest bond ever for the District, and it clocked in at $18 million.) If a bond is called by the school board this month (on the 19th, I believe), the impact upon the City is going to be significant. Post Meeting Analysis and Meeting Documents: Documents: Here are the meeting documents for this meeting. Council members Holland and Crutchfield did not attend this meeting. ICISD 2024 Bonds: Mayor Stewart provided an update on his and Councilman Councilman's attendance at the two ICISD bond meetings referenced in #3 above. Both agreed that initially the folks at Parkhill did not take the drainage issue seriously, but by the second meeting the Mayor's message that there would be no street closures without money in the bond attached to drainage issues was understood by both the District and Parkhill. An essential component of the not yet approved $50 million bond call is the closure of a portion of 3rd Street to accommodate the new construction. This update left me with the impression that the City understands well that it is in the driver's seat when it comes to new bond construction drainage. To put an even finer point on this topic, my impression is also that Parkhill itself understands the stakes here. If the Board approves the bond call election at its Feb 19 meeting AND if the electorate approves the bonds (two BIG ifs at this point in time), my impression of the Parkhill representatives I spoke with at the same two ICISD meetings is that they well know themselves that they are already obligated by law to address drainage issues. They have hydrologists on staff, and their statements to me individually and to the committee at large make it clear they, on behalf of the District, already know that they could not legally flood the community were they to win the bid. The "takings" law and litigation finding that government cannot flood property without just compensation is well established law. Moreover, as a business, unlike apparently Potter Architects and WBK Construction who built out the 2019 bonds, they want no part of the practice of government flooding itself with runoff from the District's new bond construction. (Water from the ICISD campus floods City Park, Irion County facilities at that park, and the football field, leased by the City to ICISD.) For more on why Parkhill's thinking might be more aligned with Mayor Stewart than even he realizes, note that I specifically mentioned a specific law to the Parkhill's representative after the second meeting: Chapter 2007 of the Texas Government Code. His response caused me to think he understood that law and that old carpenter's idiom, "measure twice, cut once". See specifically the requirements for a Takings Impact Assessment at 2007.043 of the Texas Government Code. There is no ruling in Texas that school districts are exempt when they undertake bond construction. Indeed, TEA even abides by the law before it passes any regulation impacting school districts. It's the law, and ICISD needs to budget the expense of complying with it into its bond expenses on the front end. Internet Fiber: On agenda item 6, Frontier's presentation made this no longer a rumor: Frontier is bringing internet fiber to Mertzon! It will start in April 2024 and full implementation will be by June, 2024. Watch for door hangars with more information. Now, here's the rub: the City of Mertzon is leaving $ on the table. As pointed out by the Frontier VP doing the talking, Frontier did not have to pay the City any permitting fees. What?! This means that City staff is working for Frontier for free to help design and implement a local utility, with world wide impact, and Frontier, who gets all the revenue for the utility, doesn't have to pay a nickel on the front end for the enjoyment of installing the utilities on City right of ways. And, what about a long term use fee? None. (Contrast this with The University of Texas System, for example, which is requiring the Matterhorn Pipeline to pay easement expenses every ten years for the enjoyment of crossing University lands in Crockett County.) The City is leaving money on the table by not having a fee ordinance in place for the use of its right of ways. This brand of libertarianism by the City is wasteful! The same criticism can be lodged for the City failing to have ordinances in place to collect fees for its troubles when a school bond passes. Construction company wants to store supplies along a City right of way? Pay a fee! They want to close a street during construction? Pay a fee! They want water and sewer turned off or rerouted? Pay a fee! Some might say "double taxation", but I say that it is called reimbursement by fee for legitimate costs. Nothing wrong with that. There's no reason for the City to have been rubbing nickels together for the last 114 years when these big dollar construction firms and telecommunications mega corps come to town intending to profit. Indeed, the Frontier VP openly said their company is making the move into Mertzon to stay competitive. So, why should local government help them for free when local government has legitimate expenses to account for? If I find or am told about a specific prohibition in Texas law preventing such fees, I will report back. Water, Water, Water: As reported by City Manager Michelle Rabenaldt, a private landowner has approached the City regarding the sale of his water well to the City. Details of the potential sale at this meeting were, of course, scarce. Tests are being performed on the well to see if it is within the guidelines for radionuclides. This is on the heels of my posting just last month that the City should start looking more aggressively for its own sources of water and rely less on private wells. Apparently, there are grant funds already available that would offset the expenses of a city owned well. More water would also mean the City could satisfy TCEQ requirements and allow for more water meters. This past month the City owes Rodney Robertson $1,855.00 and Loye Tankersley $991.25 for the purchase of water from their wells. See page 4 of this month's documents. I am glad the City is looking at this critical issue. Spring Cleanup: The Council approved the date of April 6. Listen folks, this is a great opportunity to help clean up trash. Please participate. MOU with the IC Sheriff's Office: Apparently there are behind the scenes talks among the Mayor, Sheriff Estes and Judge Criner regarding revamping an unused and forgotten MOU between the City and the Sheriff's office for assistance in enforcement of City ordinances. I was unaware that such an MOU even existed, so I will be exploring this more. Our local government is going to receive continued attention on these pages for failure to coordinate and cooperate. There's no better time than during this potential 2024 bond season for me to point out that back in 2019 I urged government stakeholders to get together and coordinate on flooding issues to protect our community. Nothing happened. Prior to Supt. Moore's arrival, I even spoke to our County Commissioners and asked them to take the lead on flooding issues. And, since Supt. Moore has arrived I have asked Judge Criner to engage on flooding issues. The coordination and cooperation among local government is lacking on more than flooding issues. The problems among the Sheriff's office and the City are longstanding, troublesome and, frankly, wrongheaded. Citizens need help from local government, and sometimes it is essential that turf battles be dismissed for the greater good. Bailouts of immigrants: I am loathe to read Facebook, but that is where Irion County News resides. The Mayor caught some grief on Facebook recently when he announced there that some immigrants had bailed out in Mertzon. There was a discussion at this meeting regarding whether the City could use its phone notification system in the future for such announcements, and it appears that method of notification might be used next time. In addition, read Judge Criner's "Greetings from the Courthouse" posted in the February Irion County Newsletter (published offline by the 48 Study Club) and included in the meeting documents by the City at page 3. It is informative and does a good job of explaining why communication is so difficult when these situations arise. Street Closure: At agenda item # 5, Mr. Abel Molina received the Council's approval to close a part of E. Fleming Ave. in May. The date and location are not posted by me to prevent, well, you know... Yet another reason to attend public meetings is to learn ahead of time where the street tacos are being served. I went to church with an older generation of Molinas, so I am quite sure Mr. Molina knows how to cook! He invited everyone, but I don't think he really meant it. Copyright 2024 G. Noelke

Feb 2024 Update: This photo above has had two updates, and you can read them here. Each address potential remedies if you are experiencing flooding caused by the government and your property has been taken from you. Here is the agenda for the January 16, 2024 meeting of the Mertzon City Council, with my agenda analysis below and my meeting analysis below that. Agenda analysis: Probably the most important part of this meeting, if it happens, will be item 8, the daily operations. Mertzon is under a severe weather storm alert, with temps forecasted to about 10 degrees on the day of this meeting. This temp puts the City into emergency mode, as it not only has to deal with its own infrastructure but the possibility of city wide electricity black outs. Note the joint election agreement topic at item 5 announces a May 4, 2024. ICISD has not formally announced its bond, but for all practical purposes you can assume there will be a school bond election on that date. Note the first appearance of Jayton Lindley as Mayor Pro Tem signing this agenda. The Lindley's have been ranching in these parts for over a 100 years, and I recollect that his grandfather and my father served on the ICISD school board together back in the 1970's. Meeting analysis: First time available: Here are the Council's meeting documents that were attached to the agenda above. The first page are the minutes from the previous meeting of January 2, 2024, and were approved at this council meeting. Closing of Third Street as requested by ICISD: According to those approved minutes, here is the current status: "Councilman Councilman made a motion to table the decision of closing Third Street between Fayette and Juanita streets. The council has decided to wait on a decision until they see if the school bond is passed by the voters and the school meets certain stipulations in the plans to deal with ongoing issues of flooding and parking issues. Councilman Holland seconded. All in favor. Motion passed." So, procedurally, when a motion is tabled it will have to put back on the agenda in order to be considered again. You can be sure that I will be watching for this matter to reappear, and in the meantime I hope both the City and the District will coordinate with me and other citizens and taxpayers impacted by the 2019 bonds. I applaud the Council's leadership in their efforts to begin addressing flooding originating from the District's campus. But wait: The District's 2024 bond proposals are taking shape, and some of the earliest proposals being considered clearly would drain more stormwater into the streets. So, the jury is still out on how President Carlile and Superintendent Moore will lead the Board on flooding issues. What is their comfort level with flooding the District's football stadium using new bond money? Water use. After going through the bad 2021 winter storm in Mertzon, I was anticipating a doom and gloom City Daily Operations update at item 8. So far, so good in 2024. We haven't lost electricity and the City's operations appears to have operated without any interruptions. There is, however, the looming issue of the availability of underground water. Overnight (Jan 15 - 16) the City used about 120,000 gallons of water, probably due to the low temp (14 degrees) and our citizens dripping their faucets. (Normal night time usage varies, but might range from 50-90,000 gallons a night. It has trended higher lately.) This caused private well # 1 (owned by Loye Tankersly) to start "sucking air", meaning the water table had dropped low enough that the pump was drawing air. City Operations throttled it down so that it was pumping only 10 gallons a minute. Citizens might be surprised how our community is tempting fate with our water usage. Were the City's wells to fail then our house hold pipes would freeze and burst. Constant access to water is critical even in the winter months. The cost of water. One reason for publishing the meeting documents is to start addressing the costs we are paying for water. Look on page 2 of 3 of the Statement of Revenue and Expenditures for the Water and Sewer Fund and note Water Well Usage expense. The City draws from several sources, including two private wells, Tankersly and Robertson, that are budgeted at $27,500 annually. That's too much, and now that at least one of those wells is sucking air (and also running constantly) during a critical weather event, the City should start looking for more water. In the long run it is going to be less expensive and more secure to own and operate its own water wells. (I say "more secure" here because we should be considering water a strategic natural resource, much like oil and natural gas.) The radar sign has been received and will be put out soon. The Council discussed where to locate it and how often to rotate it to new locations. Watch for it on a hill near you soon. *Clarification: There is an administrative rule that is supposed to force school districts who are in a municipality where there are building ordinances to adopt ordinances of a nearby municipality for new construction. While TEA appears to not enforce it, I believe the failure to follow this rule creates exposure for government officials and their agents. Refer to 19 TAC 61.1036(f)(2)(A). The import here is that the school will not be able to point to any code permitting the wholesale dump of stormwater into city streets because no city will ever allow such a thing. More to the point, the City of San Angelo does not allow it, and it is thereby impossible for ICISD to rely on any code that authorizes dumping of runoff into a city street. **Even more clarification: Of course, one can bring an unconstitutional "Takings" claim, along with other legal claims, as well. There is a lot of taking by flooding litigation out there that favors landowners. There is even a current case that made it to the US Supreme Court involving the State of Texas, Devillier v. Texas. The law is well settled that the sovereign cannot take your property by flooding you without just compensation. Copyright 2024 G. Noelke

In keeping with the ending in this post, I considered what image could possibly represent the surreal nature of being in a community that for so long has revered athletics over academics, yet would knowingly spend ~$10 million on a new gym that floods its football stadium where it just spent ~$4 million on upgrades. Bing's new AI image generator, DALL E 3, created this image for me. I think it qualifies as a representation for how truly bizarre all this is. Conner oversaw the entire bond project, start to finish, that built City Gym and the football field upgrades. Updates: This page is being updated. Go here for more. The most recent update was on January 27, 2024. I have asked Superintendent Moore whether Jacob Conner has left the position of Athletic Director at Irion County ISD. Her response was, "Due to an ongoing investigation, I cannot comment. Jacob Conner will not be coaching/teaching at Irion County ISD this spring semester." Conner is still listed on the school website as the AD, so I won't speculate as to his official legal status. (He is under contract.) Coach John Morrow was listed as the interim AD on the Booster Club agenda for its January 3, 2024 meeting, which I attended, and he was present in that capacity. I have also seen that he was listed as interim on the the Booster Club agenda for its December 6, 2023 meeting, thus perhaps explaining the cryptic comments made by the school's Counselor at the December Board meeting. For more on Conner, search for "Conner" in the search bar at the top of the page. Updates: 1. On January 26, 2024 I received a copy of the "Voluntary Separation Agreement and Release of Claims" between Jacob Conner and ICISD pursuant to my public information act request. I am currently reviewing that document, and I am waiting on other documents that I have requested. I have not made a determination at this time whether to post any of the documents on this site. Also, the ICISD website has removed his name from its website. The separation agreement, however, makes his resignation effective June 30, 2024. 2. January 7, 2024. Conner during his tenure also oversaw the downsizing of the football program from 11 man to 6 man football. This necessitated a complete downsizing of the football field. It has long been my contention that there never was a clamoring for a third basketball gym by our community. Rather, the first order of business by the Athletic Department back then was to resize the football field, and that is what initiated the call for the 2019 bonds. The need for a third basketball gym (for this 1A school that was smaller than when I left it 40+ years earlier when it had only 1 gym!) was entirely manufactured internally by ICISD administrators. In recognition of this football first approach, I recently added some recommended listening to my Pick of the Month, Football's Young Victims, that addresses what is known now about CTE and young athletes. Our priorities are in the wrong place. And remember, not a single classroom was built with any of the 2019 bond funds. Copyright 2024 G Noelke

Here is the agenda for the January 15, 2024 board meeting with my agenda analysis below that and my meeting analysis below that (pending - the meeting analysis is incomplete and being posted in stages): Agenda analysis: Follow the money. The annual audit at item 6, Mr. Helms' report at 8c, and monthly checks at 10b are good focus points, especially in view of a possible May bond election (items 7 and 9). One question is: will the check register will be updated here again? Taxpayers deserve the right to see up to date financials. If you would like to compare last year's audit with this one that will be discussed at this meeting, here is last year's audit. (Like the District's 5 year lapse of posting its check register, note that it has had a similar 4 year lapse with posting its audits.) Now that it is January, we ought to be getting some more detailed information about the potential May bond election, suggested at item 7. That election will also include board member elections, unless the candidates don't draw an opponent. Four board member terms are up in 2024 - Maegin Carlile, Ricky Rey, DJ Rainey, and Chad Koonce. About 3 weeks ago the District began advertising a leadership academy for potential board members, apparently as an effort to demystify the position. In most communities these races are competitive, so in my opinion this kind of transparency about what a board member actually does is welcome. (Another way potential board members can learn about the role is...come to board meetings regularly! And, don't just come during the election season!) Superintendent Moore is addressing the Texas Academic Performance Report, TAPR, at item 8d. Here is a pdf of the District's results for 2022-23. You can search for the District at this TEA page. TEA makes this disclaimer on its TAPR Glossary page: "Currently, the TAPR does not include scale scores, A–F ratings, Distinction Designations, or Special Education Determination Status. The initial release does not include the Campus or District 2023 Accountability Reports. The issuance of the A–F ratings under 2023 rule is pending and subject to change." Well, actually, that A-F rating system is under litigation. Here is the trial court order on this site that is being appealed, and here is the page on the 3d Court of Appeals in Austin for the appeal. (See TEA's response in its Appellant's Brief filed on December 20 on that page.) The parties are still in the briefing stage, so there is quite a while yet before there is a final resolution. And, even then it seems likely this will go to the Texas Supreme Court, so a resolution is a long way off. TEA should be more transparent about the lack of the A-F ratings with these TAPR scores. In any event, if you are concerned (as I am) about the District's longstanding historical over attention to athletics - and the physical destruction from flooding and waste of taxpayer dollars that come with it - you will want to know Superintendent Moore's take on the TAPR results. In more Moore news, her evaluation, though only a few months into her job, is a closed session topic at item 12 a. Her contract is also a topic, and some action is planned in open session at 14b. My recollection is that superintendent contract reviews come in Dec/Jan, so there isn't necessarily something of import here. But, all superintendent reviews should be highlighted. I'm uncomfortable with the notice of merely "personnel" in 12(c) as a proper disclosure under the Open Meetings Act. See 12.074 for the law on this. Reasonable minds can differ, but I think the better approach for personnel matters especially is to explicitly state that the purpose is to consider the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; or to hear a complaint or charge against an officer or employee. For example, the community should not be guessing about the Board's consideration of Athletic Director Conner's position, especially considering his high administrative level. The District has for years had the practice of cloaking its employment actions, and it should shine more sunlight in this area. Meeting analysis: 2024 bond. The Board spent over an hour in a Zoom meeting with John Blackburn with Live Oak Public Finance (who was also engaged in the 2019 bond package) and two representatives of Parkhill Architects, Jeff Reed and Allan Wolf. The discussion was dizzying with a discussion of the range of the bond package, tax impact to property owners and a discussion of how the money might be used. a. The discussed range is $33 to $41 million. (The 2019 bon was for $18 million.) b. Purpose. The purpose of the bond is for a variety of things. I am going to keep my powder dry regarding the matters that I heard that were being discussed. In truth, it is all very fluid, and this is all before the community representatives and stakeholders have had a chance to look under the hood. Audit. Mr. McKee gave a good audit report, and the best way to evaluate the audit will be to wait until the audit itself is posted on the District's website. I will refer to it when it is posted. Of particular note: a. He confirmed my analysis, and that of CFO Helms, that it in 2022-23 Moak Casey was off its estimate on the wind farm revenue over $800,000, as I stated on this page. And, he stated, consistent with what I learned from Superintendent Moore, no one knows why the figure was off...and Moak Casey wasn't saying. b. The District has roughly $10 million in its fund balance, which it has partially restricted so as to not appear as having too much money in savings. c. The mineral tax base has ballooned from $1.1 billion in 2022 to $2.3 billion in 2023. Part of the juggling going on with the affordability of the 2024 bonds is just this - that $2.3 billion is not realistic in 2024. Academic Performance (TAPR). Superintendent Moore gave a summary of her handout summary to the board. In other words, there is some summarizing going on because there is nothing to celebrate over. If there are any retired teachers out there who would like to help me evaluate this TAPR report, I would be most welcome. Superintendent Moore's contract extension. She received an extension in her contract from July 2024 to July 2029, a pay raise from $115,000 to $125,000 and a fixed increase of 3% each year. Here is what I said two months ago about her pay, so this is welcome news. These bonds deals are controversial at best, and this sort of statement of confidence from her and the Board is promising. Copyright 2024 G Noelke

In the 1930's my Grandmother, Nan Noelke (aka Nan Lackey DeLong), worked as a teacher for the Mertzon Independent School District in this building at Commerce and Duncan streets. The District was segregated then, and it was known at the time as the "Mexican school". (Her teaching contract literally identified it as the "Mexican school". ) She was supremely interested in equality throughout her life, and during her time as a teacher there she successfully lobbied the Board of Trustees for textbooks for her students. Hispanic children at the time were not provided textbooks by the District. Read more about this building and education law at the time. "Duly noted" is a great phrase that means "officially recognized". In a manner of speaking, everything that gets approved in the minutes of a public meeting is "duly noted". When you are attending a public meeting you should pay close attention to the discussion on the approval of the minutes of the previous meeting. History is literally being being recorded when the previous meeting minutes are being approved. While it may sound like officials are just editing spelling and grammar, it is really much more than that. To make my point, here are some approved Mertzon City Council minutes from a recent meeting that are pertinent to my advocacy and that are now "duly noted": Specifically, this is what I am referencing: PUBLIC COMMENTS: George Noelke spoke to the council about the repairs that need to be done on Fleming St. as well as his opposition on the city using cement on repairs. He also addressed the council with his opinion on the closing of 3rd Street and again reminded them of the flooding issues not resolved that were caused by the last construction project of the school." As a part of that, here is part of my public comment strategy for community reform: protest before your government does wrong, protest while your government is doing the wrong, and protest after your government has committed the wrong (but do it before complacency sets in and the community accepts the wrong as a new normal and your government attempts to build on the error of its ways). Here is how you start: "Go down to City Hall and see what is on the agenda for the next council meeting—garbage collection, water supply, it does not matter which one—then go and learn everything you can about it. Read past reports, talk to people, learn the topic until you know it as well as anyone. Then when you get up to speak, or to make a suggestion for change, your voice will be heard because you are knowledgeable. That is how reform works." US Supreme Court Justice Louis Brandeis. Of course, the "flash in the pan" advocacy I have rejected elsewhere on this blog can, at least initially, also be effective. The flash in the pan advocates I reference here in these 2020 minutes got their gym located on their ideal location. But their approach is causing our government to flood itself with devastating long term consequences. Such actions have not created opportunity and community. And, those same advocates are nowhere to be found as the next superintendent, Superintendent Moore, seeks to build on past efforts (ie, closing a street). Where are those same flash in the pan advocates now when her proposed street closure does not involve a $10 million dollar athletic facility? They are absent, but they have left behind what appears to be a trail of government waste... Such things are duly noted, if not in the City's or District's meeting minutes, then on this blog. For sure, citizens cannot leave history to be recorded solely in meeting minutes. Education law related to this building: At the time my grandmother taught in this building, 1934, the 1896 Supreme Court decision Plessy v. Ferguson was the law of the land. The case permitted "separate but equal" educational facilities. My grandmother's actions of lobbying for textbooks during this era was more than a statement about her good character and values. Her actions were evidence that Plessy v. Ferguson was flawed and incorrectly decided. In fact, while this building was at most separate from the District's 1909 main building, by 1934 what we can draw from her advocacy efforts back then was that Hispanic children in our community were not being treated equally, as required by Plessy, because they were not even provided textbooks at school. Ponder that for a moment. That's shocks the conscience, doesn't it? And, from personal experience in both buildings (where she taught and the 1909 building), the facilities are far from equal; the 1909 building where Anglo children were educated was far superior. It would not be until 1954 in the Brown v. Board of Education case that the U.S. Supreme Court overruled Plessy and found that "separate but equal" was unconstitutional. If you or someone you know was involved with the desegregation of the District in Mertzon in the '50's please let me know. By that time my grandmother had left teaching and was ranching down in Crockett County with my grandfather, Aubrey DeLong. In the 60's and 70's the building was no longer being used as a school. During those years it was used by St. Peter's as a community center for after Mass get togethers. That's where I learned to enjoy Mexican food as the true comfort food. The building's history, though, necessarily meant that it was not a place of comfort for the children who attended school there before Brown v. Board of Education. Again, please reach out to me if you have any particular knowledge about desegregation in Mertzon in the 50's. Copyright 2024 G Noelke

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

Some of the limestone boulders just beneath the surface in Irion County have these fossilized creatures in them. Another 7,000 to 9,000 feet below this boulder is the eastern shelf of the Permian Basin, where vast amounts of oil and gas were formed, before the age of dinorsaurs, from the remains of animals and plants. That oil and gas is currently the funding lifeblood for Irion County ISD, the only public school in the county. That funding source is going to be replaced, but by what and when we don't yet know. In some way, however, Artificial Intelligence (AI) is going to play a role in the displacement of that funding. December 20, 2023 Update: The law of AI is just in its infancy. Yesterday the FTC announced its settlement with Rite Aid pharmacy relating to its use of AI and facial recognition. Also, since I posted below I received a copy of ICISD's security contract with Ener-Tel and that contract in fact does have an AI provision in it. TEA, school districts, parents and students should start right away evaluating the privacy implications. I also mention ICISD's contract with Ener-Tel at meeting comment # 5 here. Last month I finished reading The Coming Wave by Mustafa Suleyman, so I have AI on the brain. Then, last month and again this week, I was excluded, lawfully, from the closed sessions of the Irion County ISD school board meetings; both executive sessions, closed to the public, included security matters. (I wrote about that here at Comment 5.) Combined, all these things caused me to wonder where public school security, AI and open government laws might collide. So, I decided to ask ChatGPT a few things, and below is my unedited conversation with ChatGPT. It's really quite amazing, and it has helped me conclude that we are indeed on a collision course. Our current open meetings laws simply do not allow for the type of transparency that will be necessary. Government in the Sun: How might AI be used to improve public school security? ChatGPT: AI can be instrumental in enhancing public school security through various means. Implementing AI-powered surveillance systems can help in monitoring school premises in real-time, detecting unusual behavior or potential threats, and alerting authorities immediately. Additionally, facial recognition technology can enhance access control, ensuring only authorized individuals enter the premises. AI algorithms can also analyze patterns to predict potential security risks and suggest measures to mitigate them. However, it's crucial to balance security measures with privacy concerns and ethical considerations. Government in the Sun: Give examples of all of the privacy concerns that might come up. ChatGPT: Sure, here are a few privacy concerns related to using AI in public school security: 1. Surveillance and Intrusion: Continuous monitoring through AI-powered cameras might intrude on the privacy of students, teachers, and staff, raising concerns about constant surveillance in school premises. 2. Facial Recognition: Utilizing facial recognition technology could lead to concerns regarding the collection and storage of biometric data, as well as potential misuse or breaches of this sensitive information. 3. Data Security: Storing data collected by AI systems raises concerns about its security. If this information falls into the wrong hands, it could compromise the privacy of individuals within the school community. 4. Misuse of Data: There’s a risk that the data collected for security purposes might be used for other reasons without consent or proper authorization, leading to privacy violations. 5. Inaccuracy and Bias: AI algorithms might exhibit biases or inaccuracies, leading to misidentification of individuals or misinterpretation of behaviors, potentially causing harm or false accusations. 6. Lack of Transparency: Often, the functioning of AI systems is complex, leading to a lack of transparency about how data is processed and decisions are made, raising concerns about accountability and oversight. Balancing the need for security with these privacy concerns is crucial to ensure that AI implementation in public school security respects individuals’ rights and maintains ethical standards. Government in the Sun: Please give me all examples of the ethical considerations that might come up. ChatGPT: Certainly, here are several ethical considerations regarding the use of AI in public school security: 1. Equity and Bias: AI systems might inherit biases from the data they are trained on, potentially leading to discriminatory outcomes, especially if they disproportionately affect specific groups based on race, gender, or socioeconomic status. 2. Informed Consent: There’s a need for transparent communication and consent regarding the collection and use of data for security purposes, especially when implementing technologies like facial recognition that involve personal information. 3. Children’s Rights: Safeguarding the rights of children is critical. Using AI for security should prioritize their safety without compromising their rights to privacy, dignity, and freedom of expression. 4. Surveillance Culture: Implementing extensive AI-powered surveillance might create a culture of constant monitoring, impacting the psychological well-being of students and staff and potentially infringing upon their sense of autonomy and freedom. 5. Overreliance on Technology: Relying solely on AI for security measures might neglect human judgment and intervention, potentially leading to over-reliance on technology that might not always be foolproof. 6. Data Retention and Transparency: Ethical concerns arise regarding the duration of data retention and the transparency of data usage. Clear policies on how long data is stored and who has access to it are crucial for ethical AI implementation. 7. Accountability and Oversight: Ensuring accountability for the decisions made by AI systems and having mechanisms for oversight and auditing become essential to prevent misuse or errors. 8. Impact on Learning Environment: Excessive security measures can affect the school’s learning environment by creating a tense or intimidating atmosphere, potentially impeding the educational experience. Balancing the need for security with these ethical considerations requires careful planning, ethical frameworks, and ongoing assessment to ensure that AI implementation respects the rights and values of the school community. Government in the Sun: What are your recommendations to public schools regarding transparency? ChatGPT: Transparency is key when implementing AI in public school security. Here are some recommendations: 1. Clear Policies: Publicly articulate detailed policies regarding the use of AI in security. Explain what data is collected, how it’s used, who has access, and for what purposes. Make these policies easily accessible to students, parents, and staff. 2. Communication: Regularly communicate the purpose and functionality of AI systems to the school community. Offer workshops, information sessions, or materials explaining how AI enhances security while respecting privacy. 3. Consent and Opt-Out: Provide mechanisms for informed consent where feasible. Allow individuals to opt-out of certain AI-related activities if they have concerns about privacy. Respect their choices without repercussions. 4. Data Handling: Be transparent about data handling practices. Explain how long data is stored, who manages it, and the security measures in place to protect it from unauthorized access or misuse. 5. Feedback Channels: Establish channels for feedback and concerns regarding AI implementation. Encourage students, parents, and staff to voice their thoughts and address any apprehensions they might have. 6. Regular Updates and Reviews: Conduct regular reviews and updates on AI systems. Share any changes in policies, technology, or procedures related to AI security to keep the community informed. 7. Accountability and Oversight: Demonstrate accountability by having clear lines of responsibility for AI systems. Implement oversight mechanisms to ensure compliance with ethical standards and legal requirements. 8. Education on Rights: Educate students about their rights concerning privacy and security. Teach them how to navigate the digital world responsibly, emphasizing the importance of respecting others’ privacy. By prioritizing transparency in these areas, public schools can build trust within their communities and ensure that the implementation of AI for security purposes aligns with ethical principles and respects individuals’ privacy rights. Government in the Sun: What recommendations do you have for parents who have a child in public school where AI is being used? ChatGPT: For parents whose children attend a public school using AI for security, here are some recommendations: 1. Understand School Policies: Familiarize yourself with the school’s policies regarding AI usage in security. Review information provided by the school about what data is collected, how it’s used, and the security measures in place. 2. Ask Questions: Don’t hesitate to ask the school administrators or teachers about the specifics of AI implementation. Inquire about the types of technology used, how it impacts privacy, and how it ensures your child’s safety. 3. Discuss Privacy Concerns: If you have privacy concerns, discuss them with school authorities. Inquire about opt-out options or alternative security measures available to ensure your child’s comfort and privacy. 4. Educate Your Child: Teach your child about privacy, digital citizenship, and responsible use of technology. Explain how AI works in the school environment and encourage them to report any discomfort or issues they might encounter. 5. Stay Engaged: Stay involved in school activities and discussions. Participate in parent-teacher meetings, security forums, or workshops organized by the school to understand how AI impacts the overall school environment. 6. Advocate for Transparency: Advocate for transparency and open communication between the school and parents regarding AI usage. Encourage the school to provide regular updates and avenues for feedback. 7. Monitor Your Child’s Well-being: Observe any changes in your child’s behavior or feelings towards school. Encourage open conversations about their experiences, ensuring they feel safe and supported in their learning environment. 8. Be Supportive: Support the school’s efforts to ensure security while balancing privacy concerns. Collaborate with the school community to find solutions that prioritize both safety and respect for privacy rights. By staying informed, engaged, and supportive, parents can help ensure that their child’s school effectively uses AI for security while safeguarding their privacy and well-being. Government in the Sun: Open Meetings Act laws permit school boards to meet privately in executive session when discussing security matters. What problems do you foresee when school boards meet privately concerning AI security matters? ChatGPT: Private meetings for discussing AI security matters in schools can present several potential issues: 1. Lack of Transparency: Closed-door discussions can lead to a lack of transparency regarding the decisions made about AI implementation. This can generate mistrust or speculation within the community about the motives or actions taken. 2. Limited Accountability: Without public oversight, there’s a risk of limited accountability. Decisions made in private sessions might not undergo the same level of scrutiny or evaluation as those made in public, potentially leading to unchecked actions or biases. 3. Exclusion of Stakeholders: Privacy in discussing security matters might exclude valuable input from stakeholders such as parents, students, or teachers who could provide insights or raise concerns about the ethical or practical implications of AI usage. 4. Ethical Concerns: Without public scrutiny, ethical considerations might not be thoroughly debated or evaluated. Discussions about balancing security needs with privacy rights might not receive adequate attention in closed meetings. 5. Risk of Misinterpretation: Closed discussions could lead to misinformation or misinterpretation about the motives behind AI implementation. This can create unnecessary anxiety or distrust within the community. To address these challenges, school boards should strive to strike a balance between confidentiality and transparency. They can consider providing summaries or redacted minutes of executive sessions that protect sensitive information while still ensuring the public is informed about the general discussions and decisions made regarding AI in school security. Additionally, boards can create avenues for public input or forums where stakeholders can express their concerns or suggestions related to AI implementation in schools. -End of Conversation - Copyright 2023 G Noelke

Here is the agenda for the City Council meeting tonight. My analysis and comments are below. Below are my comments and analysis for this meeting. A. Minutes from previous meeting address a potential street closure. The Council, as it always does, approved its minutes for its last meeting. It is easy to forget about minutes because the governmental body typically has little discussion around them. But, they are key historical sign posts that are part of the official record. Unless you have a recording or can get a recording from the governmental body, if it isn't in the minutes for all practical purposes it didn't happen. I have posted the minutes of the prior meeting here, but for my purposes here is the most essential part of the approved minutes: "Public Comments: ICISD Superintendent Moore spoke to the council about the school wanting to permanently close 3rd Street between the administration building and the high school where the current parking lot is located." B. Public comments this meeting. I spoke during the public comment of this meeting, and here are my comments to the Council: "I would like to make the following comments related to the repair of W. Fleming from flooding: Concerning Superintendent Moore's comments at your last meeting that the District wishes to close parts of 3rd Street for a potential 2024 bond package, neither the City nor the District can have their cake and eat it too. One reason I opposed the closure of 4th Street and the alley for the new gym was the terrible precedent it would set for future street closure requests by the District. One or the other, the District or the City, is going to have to assert that the closure of 4th Street and its alley for the gym was precedent setting. That comes with a whole new set of legal issues. (See this page, City Gym, for my take on the improper closure of 4th Street for the 2019 bonds.) The legal issue at play with the flooding caused by the 2019 bonds is not limited to whether the course of the stormwater has been changed. The legal issue includes, among other things, determining how much private land has been newly dedicated to public use for stormwater drainage by the City and the District. I oppose cementing any part of W. Fleming unless and until the District agrees to concede that the land in the playground field can be used for drainage, as all the topo maps show that it is. I doubt they will ever make such a concession because for seven years now (at least until a few months ago when the tenures of Supt. DeSpain and Pres. Flores ended) it appears that the District’s leaders believed their moral imperative was to just keep the stormwater off of the District and just let everyone else downstream sink or swim. Problem is, they are flooding the District’s property at the football stadium. So, it is impossible for the District to assert the typical moral imperative used by school districts, “This is all for the kids.” This has not been “all for the kids”. These are the problems we have to continue to address in this situation where the District has gotten its way with the City, and the City won’t regulate stormwater. One reason to regulate stormwater is to avoid these conundrums." C. Odds and ends. The Daily Operations Update and the Administrative Report/Other Announcements are often the most informative parts of the City's meetings. The radar sign has been purchased and will be delivered in two months. There's a repeat offender table thrower at the park on Spring Creek who has decided that his/her civic obligations include repeatedly throwing a park bench on the river bank into the river after City staff puts it back on the bank. It is a wash, rinse and repeat kind of thing. (What's this brand of cat and mouse act about?! Folks, a key disclosure came out during this discussion: the City uses game cameras at the park, so mind your manners.) Finally, the Council approved its schedule for next month and they will meet on the 2nd and 16th. Copyright 2023 G. Noelke