And we're waiting for a couple councilmen....One of the TV channels is here and interviewed Mr. Gorena.  Looks like they're going to film part of the workshop.

Item 1-5 Passed.  Item 6 the Auditors of last year's budget (the current review is on file, there are no findings or issues with last years budget audit) are here and available for answering questions.  Just giving broad strokes of the process and areas for improvement.  I've got a copy of the CAFE (report) and haven't seen much to question.  Council has no questions of the auditors.

Items 7-9 nothing.  Item 10 Gorena asks if the variance will allow for drainage.  King states that the variance was for the total site plan not happening but that the parking lot plan would cover the drainage.

11-13 Nothing.  14  The city has alternates for the now vacant seat on the zoning board.  Item 15 King reviews the fiscal planning calendar to reiterate making sure council knows the dates, including the Saturday workshop.

Item 16- Sounds of Lewisville options since funding has been stopped due to the budget this year.  There are 3 options on the table, an acoustic small event, a paid event put on by a couple local bands who get to keep the entrance fee, and a 'battle of the bands' format.

Item 17-  Gorena is sorry about missing his Business Personal Property tax and states that he was never told he had to pay this tax on his business.  He called DCAD and they told him they'll get him the paperwork.  He states that all his Business Personal Property amounts to less than $20 a year in tax.  "No intent to deceive" and he's not malicious.  He assumed it was for bigger businesses that held inventory.  His personal view is that he's not in favor of the tax and is in shock.  Gorena states that it will take 6 weeks for this to be finished through the DCAD.  He states that he's technically in arrears but is doing the due diligence.  He wishes he was notified earlier.

Durham abstains (he works for the appraisal district).  Gorena states that he called Durham but didn't get a response, and that someone at DCAD was very helpful.  No other comments.

Girl Scout Troop 3230 is here to present the flags (yay!  Always excited to see scouts).

March 27th is officially "Lewisville Baseball Association Day".  Kick off for baseball on the 27th at 6pm.  No other specifics, but I'm sure it'll be on a calendar asap.

Lewisville Parks received an "Agency of the Year" award for the Acquatics Staff.  Lewisville's Police Department received a Texas Police Chief's Association Best Practices Award.  One of only 28 municipalities to meet the standards for this award.

Visitor's Forum: 

Mr. Mark East (sp) here to speak on DFW Fright Night and some noise complaints from back in October.  To date they've raised 15K for local charities.  He's recapping their efforts to work with the 52 homes that their facility is located near.  37 of the 38 families they spoke with were neutral or mainly for their location there.  The balance of the homes had no one home.  Mr. East (sp) is recapping how hard they're working to be good neighbors and what they give back to the community. 

Kim McCary (Denton County Candidate for County Court 1)  She's reminding everyone of the need to vote on April 13th and thanks for the Lewisville support.  She mentions item 17 (Gorena's tax item) that she'd like to speak on it later.  She thanks the police for their work as well.

Consent agenda passed unanimously.

MAC sports center request for a variance on a new parking lot.  They're asking to not have to do a complete site plan and just give a plan for the new parking.  Passed unanimously.

Item 11 First United Methodist Church (my church) is asking to be able to build a habitat for humanity home on church property, to be shipped to Denton upon completion.  Passed unanimously.

Item 12  Variances for True Green.  They would like to keep their existing chain link fence with plastic slats to remain in lieu of opaque screening.  These variances have been addressed a few years back and approved before.  Passed unanimously.

Item 13  DCTA asking for a variance in fire protection for their I35 and Garden Ridge station.  As it is not a building but an outdoor structure this is ok by the Fire Marshall.   A few changes in parking and drive up lanes as well (3 variances total).  Passed unanimously.

Item 14  Zoning board resignation and replacement of board member.  Council has 2 alternates to choose from.  Gorena reads the wrong name and corrects himself, thanking the volunteers on all the boards and comittees.  He recommends to move the alternates up to fill the spot.  Tierney asks if alternate 1 is the next person in line.  Gorena was recommending out of order and Tierney was looking for clarification.  Now there's confusion about whether this is a recommendation or a motion.  Gorena lists off his thoughts.  Attny. Neiman states they have to accept the resignation and declare a vacancy, then appoint someone to the vacant space.  "What he said." by Gorena.  Passed unanimously.  They'll fill vacant alternate slots at another meeting since it's not on the agenda tonight.

Item 15 King is reviewing the dates for the budget meetings including a special meeting on a Saturday.  Tierney is ok with the proposed calendar.  Passed unanimously.

Item 16  Options for the Sounds of Lewisville (I'm hoping for the Battle of the Bands).  Council is going to give direction to staff on one of the 3 options proposed in the workshop.  Tierney asks if the Battle of the Bands option has any resident organizers present.  Mike Roberts is here.  We need 10K for old town or 8k for the ampetheatre.  We have 18 bands interested to date and are looking at sound options.  Tierney likes  the idea of keeping the series going and likes the battle format.  He would like it in Old Town but isn't sure if that's going to work.  Finals could be held in Old Town.  Gorena wants to correct staff about the years and mentions that he bought the website and that's why we have a Sounds of Lewisville website.  He would like it at the ampetheater.  Council recommends the Battle of the Bands format.  A fundraising deadline of April 30th has been set.  (we need 10K-  Come on Lewisville, time to step up and save this tradition!)

Item 17  Councilman Gorena's Business Personal Property tax discussion.  Durham abstains.  Attny. Neiman discusses the options and what the Charter states.  City of Longview had a similar issue in 1995 and the Court ruled that since the Charter is so broad there's no real way to enforce the issue and it has been held unconstitutional.  San Benito had the same issue in the past year with the same outcome.  Mr. Neiman states that in essence the council can't remove anyone from the council but they can discuss it.  As a side note when candidates file for office the finance office runs a check to ensure no taxes are due. 

Mayor states that we're not here to judge or jury this, we are here to simply discuss the portions of the charter that apply.  Only Thornhill and Tierney are left (Watts is out tonight).  Tierney states that he received many comments from both sides of the fence and that the 'good old boy' network would keep council from doing anything to remove one of their own.  Tierney wants it to be known that there's no 'good old boy' network and that the legal issue is very clear- removal can't be done.  Tierney would like to see the charter changed in the future if it's not enforcable.  Tierney wants to make sure that the council is doing its job and that Gorena gets his opportunity to say his peace.

Thornhill states that he wants to bring this up because it's about the oath he gave to the charter and wants to make sure he's fulfilling that oath.  He also is concerned that the charter won't hold up to  legal enforcement and it needs to be changed.  Having sat on the charter review he understands the issue and would like to revisit the candidate provisions. 

Watts sent a statement for the record, he regrets missing this meeting as he is in Orlando at a national convention that was scheduled back in October.  Watts mentions that he hasn't spoken with council and he places his trust in the voters to keep or remove any council member.

Gorena states "sometimes I'm a girl" as he clears a tear and his throat.  He states that none of this is intentional and didn't know he had to pay for anything.  He states that he started this business when he was working with TI on the side and continued it when he became a fireman, until today.  He now recaps the discussion  with a local blogger (www.whosplayin.com) and he states that he was very angry and then called the appraisal district and got clarity that he owed back taxes.  He states that he doubled the value of the stuff he uses for his business.  He then states that an email was sent to him from the city attorney regarding an email that his opponent had asked about the charter (that would be yours truly asking how the charter works) and that he tried to expedite the  process but that the tax district stated it would take six weeks.  Gorena then states that the news started knocking his phone off the hook and that it means a lot that people are coming to stand up for him.  He doesn't think that Tierney and Thornhill mean anything by discussing this because he would do the same thing. 

He now recaps his thoughts on the BPP tax and how he thought it was for bigger companies and mentions how he spoke against tax abatements.  He now mentions that anyone who claims a home business needs to pay their BPP.  Until the law changes (he's in favor of getting rid of BPP taxes) pay your taxes Gorena states.  He now states that he's not here to campaign but puts in a plug and date for May 8th (Mayor tells him not to campaign).  He believes this is 'gotcha politics'.

Tierney states that he wanted to make sure that the 'gotcha' statement wasn't at him.  Gorena states it's not directed at council or staff.

Ueckert states that he's proud of all councils he's served with because they take EVERY concern seriously, regardless of the side.  The council tries to find out all sides and determine the issue clearly before deciding.  There are several cards filled out and they need to address the charter comments.

Susan Mosly (sp) is up to speak and is suprised and as a voter for Gorena and looked online and was concerned about the tax issue.  Now that she's here, she's upset that it took time to research this even though it also should be done due to transparancy.  It concerns her that this was over $20.  Mayor states that it's not an issue of amount it's an issue of the charter.  She thinks the motives are questionable and that it should have been discussed behind closed doors.  Mayor mentions that would be a violation of open records.  She asks that in the future to balance time spent and these types of issues with more discretion.  Mayor mentions we do not violate open records law.

Benita Fitzgerald, another Gorena supporter is now up to speak about this being educational.  She wanted to hear more about the thoughts of the other councilmen during the workshop.  She appreciates our council and and thanks them for their hard work.  She states that this is very serious and important and that they have to meet higher standards.  She's glad she got an explanation from Gorena.  She's guessing that he's not in arrears but would like clarity.  The council doesn't know, states the Mayor.  Neiman states there is no finding of fact for arrearage at this time.  Benita endorses Gorena and appreciates his morals and standards.  Her opinion is that he wouldn't intentionally do this.  She hopes he gets support  as this moves forward and hopes the best for Gorena.

Mr. Fred Muller(sp) states that he's an economist and managed a state department.  He mentions ethics legislation as it applies to state officials and that this is not an unusual situation.  He states that the charter goes from missing meetings to felonies which all have the same penalty, removal.  He recommends reviewing the charter.  He mentions conflict of interest and Ueckert stops it because it's not on the agenda- a different part of the charter.  He feels that this is a minor issue but commends the councilmen for addressing it.

Landra Turner states that her question is whether the question is if he's in arrearage.  If he's not in arrears should this be discussed?  This was a discussion to see if there was any arrearage.  She thinks John is an honest man and and wouldn't jeopardize his position for a mere $20.

Kimberly McCary states that we take our liberties for granted sometimes and thanks the council for their ability to police themselves and clarified their motives.  She applauds citizens for bringing these issues up and is glad to find the Charter issue.  She believes the citizens can decide in the next vote. 

Melanie Sacanis (sp) states she's here to support Gorena and she states that the issue seems to be of the charter not with him.  She states that he wasn't evading taxes and thinks that because this is such a tiny thing this should be reviewed in the charter.

Francis Davis states her support of John as a friend and supporter.  She's glad there's an explanation. 

Susan Davis states that as a friend of John she's glad to have found out she's now a tax evader.  She thinks that if John knew it would never have occurred. 

Timothy Hillary thinks this wouldn't have been an issue if the DCTA had done thier work since everyone registers as a DBA. 

Mayor thanks everyone for sticking to the topic and subject.  Gorena thanks everyone who came.

Reports from staff-  March 27th Easter Egg Hunt and Pancake Breakfast and soccer tournament at Railroad Park.  Mayor mentions that the dog park has a phone number to ensure you know when the park is open.  The city wanted to make sure it stays nice so we do close it if it's soggy. 

Gorena now thanks the Chief on his new award.  No other comments.  That's a wrap!  Thank you for reading.