Fixing NRH Problems

by Ron West

        There have been several suggestions from local elected officials that this site only complains or gripes without offering any suggestions for positive change.  I believe that you first identify a problem and then try to find a solution.  In a city with closed government, even known problems are hard to publicize because everything is hidden from the public.  Virtually everything I have written about could be corrected with some effort on the part of our elected officials.  I believe the city would be a better place to live without these problems that I believe are begging for solutions.  There are a lot of good things that do happen in NRH but the Council takes lots of time taking credit for them and publicizing them so there is little real need to write more about those "good" things, nor do they require further actions from the citizens of the city.  Problems continue until someone does something about them necessitating involvement.

        The following is a presentation of what I consider to be some of the problems in NRH along with my own suggestions for how to correct the problem.  This is not a definitive or exhaustive list and certainly not the only possible solutions.  Perhaps it will stimulate our local elected officials to come up with other real solutions or perhaps you would like to contact our elected officials with your own suggestions.   

        The format followed is my definition of a problem I have identified followed by a suggestion as to how it could be correction.

        Problem:   Closed local government.  Solution:  This seems to be a philosophy of our currently elected officials that will be continued as opposed to opening the local government to the citizens.   The problem could easily be corrected by directing City Manager Cunningham to open all actions and records of the city to citizen access.

    Problem:  New ordinances and changes to existing ordinances are made in secret.  Solution:  Related to prior problem.  Can be corrected by publishing all planned changes on city web site for citizen consideration prior placing any such change on the Council agenda.  This would promote open exchange with citizens regarding such changes and engender more confidence in city governance.

    Problem:  All agendas are cryptic to discourage citizen participation.  Solution:  Post the supporting documentation for all open city meetings on the city website for citizen review.  This would help citizens understand the activities of the Council and encourage active involvement and support of Council actions.

    Problem:  The Mayor shows disrespect for any citizen presentation  that is in opposition to his position.  Solution:  Demand that common courtesy be shown to all citizens who choose to speak to the Council in public meetings. 

    Problem:  Use of the city newsletter and water bills for electioneering along with the publication of misleading information.  Solution:  This is being done by bending the intent of the law.  If the material presented does not openly state to vote for or against a position desired by the city, the City Attorney along with the Texas Ethics Commission allows such activities.  A commitment by our elected officials to make sure that all information presented is unbiased and follows the intent of the law that city resources should not be used to sway voters one way or the other would be a significant first step.  

    Problem:  Budget development is closed to the citizens and rubber stamped by the City Council largely due to time constraints.  Solution:  Change the budget development process so that as the various departments submit their new budgets they are placed for open inspection on the city's website.  As the Budget Director compiles the overall budget, post it as an Adobe document on the website.  When the preliminary budget is developed - post it on the city's website.  By allowing all citizens access to this information, many can review and offer suggestions.  The sense of frustration at the lack of tax relief might be mitigated.

    Problem:  Perceived runaway spending continuing. Property taxes increased every year for the past 13 years.  Solution:  How about a resolution from the Council that (excluding emergency situations) future budget growth will not exceed the combined rate of inflation and population growth by more than 2%?  This would effectively offer a maximum spending level that is reasonable.  This would preclude the city staff from budgeting all future revenue growth regardless of population or need.  This solution would offer property tax relief for all citizens in the future while providing for city growth and all services without cuts.  It would simply limit the growth of local government without justification. 

    Problem:  Private property rights disregarded in the name of "revitalization" , "beautification", "safety" and "public benefit".  Solution: This problem is multi-faceted and more difficult to offer a solution for.  It involves the attitude of the Council that they "own" the front 10 feet of your private property and that they have a legal right to tell you what you can and cannot do with and on your own property.  The most basic solution would be a resolution by the entire Council that they will respect all private property rights and then act accordingly.  It would also help to have either an ordinance or resolution from the Council that they will not use Eminent Domain powers to take any property in the city for any non-public person or company.  Existing enhancements to private property such as pole signs should be allowed to be used with proper maintenance since the current city sign ordinance does not comply with state law.

    Problem:  Our city attorney directly benefits from all litigation against our city.  Solution: This is one of the easier to fix problem in our city that could be rectified by modification of the contract with the City Attorney.  He should advise the City in all legal matters but not either benefit nor handle litigation against the city.  With that simple change, he would be in a position to help the city control legal expenses without sacrificing his own pocketbook. 

    Problem:  Open meetings laws are routinely violated.  Solution: Members of the City Council should demand that all legal requirements of open meetings are enforced.  Walking quorums, one by one contacts to avoid open meeting requirements and secret meetings should cease in NRH.  

    Problem:  The practice of special privileges for a privileged few.  Solution: One example of this is the mowing of the right-of-way easement (the front 10 feet) of vacant property owned by developers, real estate people or large companies in the name of beautification of our city.  This privilege is not extended to home owners in the city.  The mowing does contribute to making the city more attractive but the cost of such should be passed to the property owners without exceptions.  Here again, a public statement by all elected officials that they will not seek personal benefits as a result of their office would be welcome.

    Problem:  Using Certificates of Obligation for routine expenditures to avoid seeking voter approval.  Solution: This power of the Council was supposed to provide for "emergency" requirements for borrowing.  A change to the City Charter would probably be required to keep our currently elected officials from using this power willy-nilly.  All borrowing by the city impacts future property tax rates and when there is no emergency, there is no need to use such instruments. 

    Problem:  The practice of meaningless hearings meant to fulfill only the letter of the law.  Solution:  If the public is denied information relating to the subject of the hearing prior to the hearing then such hearings are meaningless.  If the Council has met and made prior decisions or if the outcome of the subject matter of the hearing is in final form for Council approval prior to hearings, such hearings are meaningless.  We have a right to expect the Council to hold real hearings where required by law with all information relating to the subject of the hearing made public prior to the hearing.  Council members should give courteous attention to speakers and not whisper between themselves or otherwise ignore speakers.  Minutes of all hearing should record all comments made. 

    Problem:  Council Members failure to respond to citizen questions and inquiries. Solution: The only real solution to this is to elect representative that are capable of responding and will do so.  Several of our current council members routinely ignore all citizen inquiries or respond only to those favorable to the opinions of the respective council member.  All communications between citizens and council members should be done with common courtesy without resorting to childish name calling or other degrading tactics.

    Problem:  Mr. Cunningham controls the agenda of the City Council.  Solution: Hear again the solution is relatively simple.  The Council could enact a policy or ordinance that spells out how any Council Member or CITIZEN can request that an item be placed on the agenda of a future City Council meeting without the specific prior approval of the city manager. 

    Problem:  Mr. Cunningham has authority to transfer money between budget accounts without emergency or specific Council approval.  (I believe that this is contrary to State Law.)  Solution: The Council should remove the powers of Cunningham to make his willy-nilly transfers between the various budget accounts without first having to submit his request to do so in writing to the Council with subsequent specific approval for all such transfers by the Council. 

    Problem:  Business unfriendly city.  Solution: This is a problem that stems from the office of the City Manager.  Bureaucratic bullying of potential and existing businesses in NRH is routine.  I have documentation of the illegal denial of Certificate of Occupancy to one company until it complied with a non-legal requirement of the NRH building official regarding an existing pole sign.  This black-mail, strong arm type of tactic is common in our city and can be verified by conversations with numerous small business owners.  The correction of this problem must come from the City Council with a strong resolution that directs the City Manager to force all city employees to operate within the law and with courtesy to ALL businesses in the city.  City employees should be looking for ways to make it easier rather than harder for new businesses to locate in our city.  In like manner, the City council should cease all micro-management efforts at dictating all details of site plans for new businesses under the guise of "beautification".

    There are other problems in our city but this is submitted as a starting point.  In the future, when I write a column about a perceived problem, I intend to try to include a possible solution.  As with any problem, there may be other, better solutions than the one(s) I may suggest.  I would encourage each of you to decide if the above items are real problems that deserve attention or just the work of one disgruntled resident referred to as a gadfly by the establishment.  If you think as I do, that we face real problems that are impacting our city and the quality of life here, then make your own suggestions.  If you send them to me for publication, I will add them to this list with credit to you if you wish. 

    For those of us who are active in the local political arena, we need to recruit others.  The only real way to correct the problems of our city is to find leadership that is responsive to our needs.  We do not need masters who know what is best for us better than we know for ourselves.  We do not need bureaucrats who abuse their office for personal gain or glory.  We need leaders who try to solve problems with solutions that benefit all the citizens of the city rather than a privileged few of their cronies.  We deserve leaders that treat all citizens with respect.