Rockwall City Council Agenda – Thursday 9/2/2010

Thursday, September, 2, 2010 Special Council Agenda
Page 1


AGENDA
ROCKWALL CITY COUNCIL

Thursday, September 2, 2010
6:00 p.m. Special Meeting
City Hall, 385 S. Goliad, Rockwall, Texas 75087

I. CALL TO ORDER
II. HOLD EXECUTIVE SESSION UNDER SECTIONS 551.071, 551.072, 551.074 AND 551.087 OF
TEXAS GOVERNMENT CODE TO DISCUSS:
1. Deliberation regarding the purchase, exchange, lease, or value of real
property.
2. Personnel Issues, including Board, Commission, and Committee
Appointments, and Related Matters.
3. Commercial or financial information regarding business prospects that the
City seeks to have locate, stay, or expand in or near the territory of the
City of Rockwall and with which the Board is conducting economic
development negotiations.
4. Pursuant to Section 551.071(2) of the Open Meetings Act: Consultation
with attorney with regard to a matter that it is the duty of the attorney to
consult with the Council pursuant to the Attorney Client Privilege under
the Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas and regarding the Shores Golf Course.
III. TAKE ANY ACTION AS RESULT OF EXECUTIVE SESSION
V. ADJOURNMENT

This facility is wheelchair accessible and accessible parking spaces are available. Request for
accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact
the City Secretary’s Office at (972) 771-7700 or FAX (972) 771-7727 for further information.
I, Kristy Ashberry, City Secretary for the City of Rockwall, Texas, do hereby certify that this Agenda was
posted at City Hall, in a place readily accessible to the general public at all times, on the 30th day of
August, 2010, at 4:00 p.m. and remained so posted for at least 72 continuous hours preceding the
scheduled time of said meeting.

Democrats Own Deficit Spending – Trurh Be Told

August 26, 2010

The Washington Post babbled again today about Obama inheriting a huge deficit from Bush. Amazingly enough,a lot of people swallow this nonsense; so once more, a short civics lesson.

Budgets do not come from the White House. They come from Congress, and the party that controlled Congress since January 2007 is the Democrat Party. They controlled the budget process for FY 2008 and FY 2009, as well as FY 2010 and FY 2011. In that first year, they had to contend with George Bush, which caused them to compromise on spending, when Bush somewhat belatedly got tough on spending increases.

For FY 2009 though, Nancy Pelosi and Harry Reid bypassed George Bush entirely, passing continuing resolutions to keep government running until Barack Obama could take office. At that time, they passed a massive omnibus spending bill to complete the FY 2009 budgets.

And where was Barack Obama during this time? He was a member of that very Congress that passed all of these massive spending bills, and he signed the omnibus bill as President to complete FY 2009. Let’s remember what the deficits looked like during that period:    (below)

Democrat Deficits - Facts Are Stubborn Things

If the Democrats inherited any deficit, it was the FY 2007 deficit, the last of the Republican budgets.  That deficit was the lowest in five years, and the fourth straight decline in deficit spending. After that, Democrats in Congress took control of spending, and that includes Barack Obama, who voted for the budgets. If Obama inherited anything, he inherited it from himself.

In a nutshell, what Obama is saying is I inherited a deficit that I voted for and then I voted to expand that deficit four-fold since January 20th.

There is no way this will be widely publicized, unless each of us passes it on! This is your chance to make a difference!

Projected Schedule for Adoption of PD-32 Concept Plan & Form Based Code


  • March 11, 2010 – Joint Work Session with Planning Commission and Council to discuss and introduce PD-32 Concept Plan and Form Based Code to Planning Commission and the process for adoption.
  • May 21, 2010 – Plan of action to initiate process of adopting amended PD-32 presented to PD-32 Subcommittee and action taken to proceed.

  • May 28, 2010 – Courtesy Notice Deadline (Internal PD-32 Owners)

  • June 9, 2010 – First Administrative Meeting held to present PD-32 Plan to property owners.

  • June 11, 2010 – Courtesy Notice Deadline (Lago Vista owners)

  • June 18, 2010 – Courtesy Notice Deadline (Other Subdivision Owners)
  • June 23, 2010 – Second Administrative Meeting held to present PD-32 Plan to surrounding property owners (Lago Vista).

  • June 30, 2010 – Third Administrative Meeting held to present PD-32 Plan to surrounding property owners (other subdivisions).

  • July 9, 2010 –  Required Notice Sent to Newspaper

  • July 13, 2010 – Planning Commission Discussion (work session)

  • July 16, 2010   – Required Newspaper Notice Published

– Required Property Owner Notices Sent

– Zoning Change Signage Posted

  • July 27, 2010 – First Public Hearing held with the Planning Commission on adoption of PD-32 zoning amendment.

  • August 2, 2010 – Second Public Hearing held with City Council on adoption of PD-32 zoning amendment. First reading of ordinance.

  • August 16, 2010 – Second reading of ordinance.

Open letter from John Elkins to the Herald Democrat, 8-16-10

Gen. John M. Elkins and Mrs. Elkins

Editor:

Sunday, August 15, 2010 Herald Democrat’s headlines read, “Obama claims GOP trying to destroy Social Security.”

It is no secret that Social Security is ALREADY DESTROYED. For more than two thirds of the seventy-five years of the Social Security Administration’s life, it has been under the control of the Democratic Controlled Administrations.

The so called “Social Security’s lock box” was robbed in 1962 by President Lyndon B. Johnson and his administration. They took their private key and unlocked the sacred “LOCKED BOX” of the Social Security “trust” funds. They transferred “trillions of Social Security dollars” to the “Nation’s General Fund.” (You may check the Internet for further informational history on “the LBJ administration’s grand larceny.”) During the cut-and-run-nine-year-war-in-Vietnam, the worker’s of America’s social security trust fund was robbed to buy bombs, ammunition while bank-rolling nine years of war.” Even today, if a penny becomes surplus, it is gobbled up and spent on “ear marks to every appropriations bill known or unknown” by the preceding administration as well as the present one lead by President Barack Hussein Obama.

I am sure that if each and every Social Security account holder across American were allowed to decide on privatizing his or her Social Security contributions under their own control, they would be better stewards of their accounts “by protecting their own key to their own locked box.”

There’s no doubt that the Democratic majority would like nothing better than to retain the key to the so-called locked box and all of the worthless I.O.U.s amounting to many trillions of we the worker’s money robber since 1935!

Let us REMEMBER Social Security’s “past-mass-rip-off” when you vote IN NOVEMBER!

John M. Elkins

4040 Luella Road

Sherman, TX 75090-5270

(903) 893-6400

Lloyd Doggett & Democrat Delegation Betray Texas Students

UNITED STATES SENATE

For Immediate Release                                 Media Contact:             Kevin McLaughlin

August 5, 2010                                                                                          (202) 224-0704

Courtney Sanders

(202) 224-9767

Joint Statement By Sens. Cornyn And Hutchison On Passage of Funding Bill that Discriminates Against Texas

Provision House Democrats Slipped Into Legislation Could Deprive Texas Schools of $800 Million In Federal Education Funding

WASHINGTON – United States Senators John Cornyn and Kay Bailey Hutchison released the following statement today regarding the FAA Reauthorization Act:

“Texas school children deserve better than this. The Doggett amendment, which was supported by every member of the Texas Democratic delegation, will treat Texas differently than every other state in the union and deprive our schools of $830 million in federal education funding. Texas Democrats in the House of Representatives must take corrective action on this next week. If they don’t, they are authorizing an unelected bureaucrat in the Obama administration to spend Texas tax dollars on schools in other states like California and New York. Texas children shouldn’t have their education shortchanged because of petty partisan politics and we hope our Democratic colleagues share that sentiment,” said Cornyn.

“It is unfortunate that the House of Representatives would pass an amendment that discriminates against a single state, Texas, and could undermine the education of our students. I voted against this penalizing language in the Senate, and I urge the House to correct the provision that unfairly targets Texas schools and students,” said Hutchison.

Background

Just before the July recess, the House attached $10 billion for an “Education Jobs Fund” to the defense supplemental.  The provision was stripped from the supplemental, but was included in a Reid-Murray motion, which passed the Senate on August 5.

During the House debate over the defense supplemental, Rep. Lloyd Doggett added language to limit Texas’s ability to access the $10 billion in education funds.

The Doggett amendment requires the Texas Governor to certify that the state will maintain the FY11 proportion of education funding in the state budget for two subsequent fiscal years. No other state is required to make this certification for the three years total.

Furthermore, the Texas Legislation Budget Board has noted that since only the Texas Legislature can make appropriations, one legislature cannot bind a future legislature.  Thus, the requirement that the Governor assure that a future legislature commit to spend funds in accordance with the amendment would violate the Texas Constitution even if the Governor had such authority.

If the bill is enacted, Texas might not be eligible to receive any of the funds because the Governor does not have the authority to commit the Texas legislature to any specific appropriation amount.  Estimates of the Texas share of the $10 billion range from $800 million to over $830 million.

The Doggett provision essentially creates an additional $830 million slush fund for the Secretary of Education.

Text of Doggett Amendment

(11) ADDITIONAL REQUIREMENTS FOR THE STATE OF TEXAS.—The following requirements shall apply to the State of Texas:

(A) Notwithstanding paragraph (3)(B), funds used to support elementary and secondary education shall be distributed based on local educational agencies’ relative shares of funds under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for the most recent fiscal year which data are available. Funds distributed pursuant to this paragraph shall be used to supplement and not supplant State formula funding that is distributed on a similar basis to part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311et seq.).

(B) The Secretary shall not allocate funds to the State of Texas under paragraph (1) unless the Governor of the State provides an assurance to the Secretary that the State will for fiscal years 2011, 2012, and 2013 maintain State support for elementary and secondary education at a percentage of the total revenues available to the State that is equal to or greater than the percentage provided for such purpose for fiscal year 2011 prior to the enactment of this Act.

(C) Notwithstanding paragraph (8), no distribution shall be made to the State of Texas or local education agencies therein unless the Governor of Texas makes an assurance to the Secretary that the requirements in paragraphs (11)(A) and (11)(B) will be met, notwithstanding the lack of an application from the Governor of Texas.

Legislative Budget Board comments

“…the amendment was drafted in such way that Texas would not be eligible to receive any of the funds because the Governor does not have the authority to commit the Texas legislature to any specific appropriation amount.  The amendment has a second problem.  One legislature cannot bind a future legislature.  Thus, the requirement that the Governor assure that a future legislature commit to spend funds in accordance with the amendment would violate the Texas Constitution even if the Governor had such authority.

If those problems were addressed, the funds would have to be distribute through the Title I formula instead of state funding formulas.  This would result in 852 school districts receiving considerable less funding.  We estimated what Texas’ share of the $10B would be and performed runs to determine how specific districts were impacted.  We have attached this information in an effort to answer your questions. This information is also sorted by congressional district for your convenience.”

Senator Cornyn serves on the Finance, Judiciary, Agriculture and Budget Committees.  He serves as the top Republican on the Judiciary Committee’s Immigration, Refugees and Border Security subcommittee. He served previously as Texas Attorney General, Texas Supreme Court Justice, and Bexar County District Judge.

###

Texas TEA Party for Obama – Monday August 9

Reprinted from email alert…

Due to the anticipated size of the crowd Monday night, we have moved the location of our rally to Franklin Stadium on Hillcrest Road.  Please click here for a map to the new location.

President Barack Obama is coming to Texas to raise money for the Democratic Party in Dallas on Monday, August 9th. Join fellow conservatives at the same time as we show our love of freedom and prosperity at a family rally in Goar Park.

WHEN:
Monday, August 9th, 5:00 p.m.
Rain or shine

WHERE:
Franklin Stadium ***New location
10000 Hillcrest Road
Dallas, Texas

Click here to RSVP and for a complete schedule

Sen. Deuell Asks Attorney General To Clarify Family Planning Funding Laws

***CAPITOL UPDATE***

Texas State Senate District 2
Senator Bob Deuell - CD2

FOR IMMEDIATE RELEASE:

August 6, 2010

FOR MORE INFORMATION:

Sen. Bob Deuell

(512) 463-0102

Sen. Deuell Asks Attorney General To Clarify Family Planning Funding Laws

AUSTIN –  Two weeks ago I submitted an opinion request to the Texas attorney general’s office regarding the use of state funds by health facilities that perform abortions. I am trying to clarify how we can best use state money to expand women’s access to comprehensive healthcare without funneling money to organizations that perform abortions.

In 2005, the Women’s Health Program (WHP) was established to provide family planning and related health screenings to women who are between the ages of 18 and 44, have no reasonable access to insurance, and whose family income is at or below 185 percent of the federal poverty level.  Since the program’s implementation in 2007, it has served over 90,000 clients across the state.

Before passage of the bill that would create the WHP, I added an amendment to prevent state funds from being used “to perform or promote elective abortions” or be given to entities or “affiliates of entities that perform or promote elective abortions.” This was an important amendment because it guaranteed that no taxpayer money would go towards an organization that performs  a controversial procedure that many Texans morally oppose.

Last year, I learned that the Health and Human Services Commission (HHSC) had disregarded that mandate by entering into contracts with a number of Planned Parenthood affiliates across the state. I expressed my concern to Albert Hawkins, the executive commissioner of the HHSC at the time, in a January 2009 letter and asked for information regarding how much money those affiliates had been given and why the department had failed to apply that portion of the amendment.

In his reply, Commissioner Hawkins acknowledged that almost $5 million had been paid to 12 different Planned Parenthood entities and that “for legal reasons,” the department was “unable…to fully implement the prohibition against contracting with an organization that is an affiliate of an entity that performs or promotes elective abortions.” He added that he had been advised by his legal staff that implementing that specific ban “would likely be held unconstitutional by the courts” and used the precedent set by a number of similar court cases to support this conclusion.

It should be noted that despite the HHSC’s failure to prevent funds from going to Planned Parenthood affiliates, federal law continues to prevent tax money from paying for abortion procedures. Where I disagreed with former Commissioner Hawkins — and what I hope Attorney General Abbott can clarify — is the legal definition of “affiliates” as specified in the statute.

In the rulings issued for the cases cited by Commissioner Hawkins, the courts applied a title of the federal Public Health Service Act which he believed would likely be used again to rule the affiliate funding restriction unconstitutional. I, as well as current HHSC Commissioner Thomas Suehs, , believe that funding for the WHP may instead fall under a title of the Social Security Act which legally allows this funding restriction.

Although not all Planned Parenthood affiliates perform abortions, I believe that we should reduce the amount of tax money being funneled to clinics that many taxpayers oppose, and increase funding eligibility for the more than 400 clinics that address comprehensive women’s health issues beyond simply birth control and STD checks.

This is about increasing the number of medical services available to women, and making sure that all Texans — and taxpayers — can agree that those services absolutely necessary.

To contact Sen. Deuell about the legislative process or if you have a suggestion for a future Capitol Update, please contact the Capitol office at (512) 463-0102 or send mail to Sen. Bob Deuell, Texas Senate, P.O. Box 12068, Austin, TX 78711.  The website for the Texas Senate is www.Senate.state.tx.us.  The e-mail address for Sen. Deuell is: bob.deuell@senate.state.tx.us.