City Council

MINUTES CITY COUNCIL MEETING RONALD C. BOWMAN CITY COUNCIL CHAMBERS 447 North Main Street Boerne, TX 78006 September 14, 2021 – 6:00 p.m. Minutes of the Regular Called City Council Meeting of September 14, 2021. Present: 5- Mayor Tim Handren, Mayor Pro Tem Ty Wolosin, Council Member Quinten Scott, Council Member Bryce Boddie, and Council Member Joseph Macaluso Absent: 1- Council Member Nina Woolard Staff Present: Ben Thatcher, Jeff Carroll, Lori Carroll, Laura Haning, Sandy Mattick, Nick Montagno, Barbara Quirk, Mike Raute, Chris Shadrock, Kristy Stark, and Danny Zincke. Recognized/Registered Guests: Christina Ryrholm, Zachry Wright, Lance Kyle, Jay Parker, and Aaron Arnold. 1. CALL TO ORDER – 6:00 PM Mayor Handren called the City Council to order at 6:00 p.m. Deacon Paul Rayburg with St. Peter the Apostle Catholic Church provided the Invocation. Mayor Handren led the Pledge of Allegiance to the United States Flag and to the Texas Flag. 2. CONFLICTS OF INTEREST No conflicts were declared. 3. PUBLIC COMMENTS: Lance Kyle, 226 Cascade Caverns Road stated that he attended the Water Committee meeting today. He felt there was a lot of good information but City of Boerne Page 1 City Council Official Meeting Minutes September 14, 2021 expressed concerns with the meeting procedures. 4. CONSENT AGENDA: A MOTION WAS MADE BY MAYOR PRO TEM WOLOSIN, SECONDED BY COUNCIL MEMBER BODDIE TO APPROVE THE CONSENT AGENDA AS PRESENTED. Yeah: 4 - Mayor Pro Tem Wolosin, Council Member Scott, Council Member Boddie, and Council Member Macaluso Absent: 1 - Council Member Woolard A. 2021-787 CONSIDER APPROVAL OF THE MINUTES OF THE REGULAR CALLED CITY COUNCIL MEETING OF AUGUST 24, 2021. THE MINUTES WERE APPROVED. B. 2021-788 CONSIDER RESOLUTION No. 2021-R41; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE AN AGREEMENT BETWEEN THE CITY OF BOERNE, TEXAS AND ABIP, PC FOR AUDITING THE CITY OF BOERNE’S FINANCIAL STATEMENTS FOR THE YEAR ENDING SEPTEMBER 30, 2021. THE RESOLUTION WAS APPROVED. C. 2021-792 CONSIDER ON SECOND READING ORDINANCE NO. 2021-28; AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BOERNE, TEXAS, CHAPTER 2, ADMINISTRATION, ARTICLE V. ETHICS, SEC. 2.121. DEFINITIONS, ADDING THE DESIGN REVIEW COMMITTEE TO THE DEFINITION OF “CITY OFFICIAL”; AND PROVIDING AN EFFECTIVE DATE AND SAVINGS CLAUSE; AND RELATED MATTERS THE ORDINANCE WAS APPROVED. REGULAR AGENDA 5. PRESENTATIONS, PUBLIC HEARINGS, AND ORDINANCES: A. 2021-777 PROPOSED REZONING OF 0.794 ACRES LOCATED AT 32884 INTERSTATE HIGHWAY 10 WEST (KAD 26872) FROM I-2, LIGHT INDUSTRIAL, TO C-4, REGIONAL COMMERCIAL DISTRICT. (6A City of Boerne Page 2 City Council Official Meeting Minutes September 14, 2021 Properties, LP/ Aaron A. Arnold) I. PRESENTATION II. PUBLIC HEARING (One of one hearing) III. FIRST READING OF ORDINANCE NO. 2021-29 ; AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BOERNE UNIFIED DEVELOPMENT CODE, BY AMENDING CHAPTER 3. ZONING, SECTION 3.2, ZONING MAP, REZONING 0.794 ACRES LOCATED AT 32884 INTERSTATE HIGHWAY 10 WEST (KAD NO. 26872) FROM I-2, LIGHT INDUSTRIAL, TO C-4, REGIONAL COMMERCIAL DISTRICT; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SEVERANCE CLAUSE; AND DECLARING AN EFFECTIVE DATE. (Rezoning 0.794 acres - 32884 IH-10 from I-2 to C-4 at the request of property owners) Mayor Handren called on Ms. Laura Haning, Planning and Community Development Director. Ms. Haning stated that the property owner does not have plans to develop the site at this time. The Planning and Zoning Commission voted 4-0 in favor of the re-zoning. Discussion ensued regarding the need for industrial space. Mayor Handren opened the Public Hearing at 6:10 p.m. Mr. Aaron Arnold stated he is a partner in the property. This property has been rental space since 1996. There are three buildings, each are 3,000 square feet. He does not have plans to redevelop, but would like the option for retail. Mayor Handren closed the Public Hearing at 6:14 p.m. City of Boerne Page 3 City Council Official Meeting Minutes September 14, 2021 A MOTION WAS MADE BY COUNCIL MEMBER MACALUSO, SECONDED BY COUNCIL MEMBER BODDIE, TO APPROVE ON FIRST READING ORDINANCE NO. 2021-29 ; AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BOERNE UNIFIED DEVELOPMENT CODE, BY AMENDING CHAPTER 3. ZONING, SECTION 3.2, ZONING MAP, REZONING 0.794 ACRES LOCATED AT 32884 INTERSTATE HIGHWAY 10 WEST (KAD NO. 26872) FROM I-2, LIGHT INDUSTRIAL, TO C-4, REGIONAL COMMERCIAL DISTRICT; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SEVERANCE CLAUSE; AND DECLARING AN EFFECTIVE DATE. (REZONING 0.794 ACRES - 32884 IH-10 FROM I-2 TO C-4 AT THE REQUEST OF PROPERTY OWNERS). THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 4 - Mayor Pro Tem Wolosin, Council Member Scott, Council Member Boddie, and Council Member Macaluso Absent: 1 - Council Member Woolard B. 2021-778 PROPOSED PLANNED UNIT DEVELOPMENT (PUD) OVERLAY DISTRICT FOR 1.27 ACRES LOCATED BETWEEN STAHL AND NORTH PLANT STREETS (BETWEEN 115 STAHL STREET AND 400 ROSEWOOD - A PORTION OF KAD NO. 20028 AND ALL OF KAD NO. 63697) (Jay Parker/ Trophy Properties). I. PRESENTATION II. PUBLIC HEARING (One of one hearing) III. FIRST READING OF ORDINANCE NO. 2021-30 ; AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BOERNE UNIFIED DEVELOPMENT CODE, BY AMENDING CHAPTER 3. ZONING, SECTION 3.2, ZONING MAP, APPLYING A PLANNED UNIT DEVELOPMENT (PUD) OVERLAY DISTRICT TO 1.27 ACRES LOCATED BETWEEN STAHL AND NORTH PLANT STREETS (BETWEEN 115 STAHL STREET AND 400 ROSEWOOD - A PORTION OF KAD NO. 20028 AND ALL OF KAD NO. 63697); REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SEVERANCE CLAUSE; AND DECLARING AN EFFECTIVE DATE. (applying a PUD to 1.27 acres - between 115 Stahl and 400 Rosewood) Ms. Haning continued with the proposed Planning Unit Development (PUD) City of Boerne Page 4 City Council Official Meeting Minutes September 14, 2021 Overlay request. She displayed a map and proposed site plan of the location. The Planning and Zoning Commission voted 4-0 in favor of the PUD overlay. Discussion ensued regarding drainage. Mr. Ken Kolacny of Matkin Hoover Engineering addressed questions of the City Council. Mayor Handren opened the Public Hearing at 6:20 p.m. No comments were received. Mayor Handren closed the Public Hearing at 6:21 p.m. A MOTION WAS MADE BY MAYOR PRO TEM WOLOSIN, SECONDED BY COUNCIL MEMBER BODDIE, TO APPROVE ON FIRST READING ORDINANCE NO. 2021-30; AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BOERNE UNIFIED DEVELOPMENT CODE, BY AMENDING CHAPTER 3. ZONING, SECTION 3.2, ZONING MAP, APPLYING A PLANNED UNIT DEVELOPMENT (PUD) OVERLAY DISTRICT TO 1.27 ACRES LOCATED BETWEEN STAHL AND NORTH PLANT STREETS (BETWEEN 115 STAHL STREET AND 400 ROSEWOOD - A PORTION OF KAD NO. 20028 AND ALL OF KAD NO. 63697); REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SEVERANCE CLAUSE; AND DECLARING AN EFFECTIVE DATE. (APPLYING A PUD TO 1.27 ACRES - BETWEEN 115 STAHL AND 400 ROSEWOOD). THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 4 - Mayor Pro Tem Wolosin, Council Member Scott, Council Member Boddie, and Council Member Macaluso Absent: 1 - Council Member Woolard C. 2021-779 PROPOSED ANNEXATION OF 2.967 ACRES LOCATED AT 6 NORTH STAR, KAD NO. 24324, AND 0.651 ACRE OF RIGHT-OF-WAY ON NORTH STAR ROAD AT THE REQUEST OF LEO QUINTANILLA. I. PRESENTATION II. PUBLIC HEARING (One of one hearing) III. CONSIDER ON FIRST READING ORDINANCE NO. 2021-31 ; AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF BOERNE, KENDALL COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO City of Boerne Page 5 City Council Official Meeting Minutes September 14, 2021 INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN SAID CITY LIMITS, AND GRANTING TO ALL THE INHABITANTS OF SAID PROPERTY ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID INHABITANTS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF SAID CITY (Annexing 2.967 acres located at 6 North Star Road KAD 24324 and 0.651 acre of right of way on North Star Road at the request of property owner) Ms. Haning continued with the annexation request. She displayed a map of the property location. She stated that the 2.967 acres are being considered for annexation as well as the North Star Road right-of-way. She explained that when a property is annexed, it is automatically zoned RA. If the property is going to be developed, the request will need to come to City Council for approval. If the property is not annexed, the property owner could develop the property with a well and septic. Mayor Handren opened the Public Hearing at 6:27 p.m. Mr. Lance Kyle, 226 Cascade Caverns Road stated that he previously sent an email to the city council members. He expressed concerns with the potential detention area which doesn't indicate flow. Mayor Handren closed the Public Hearing at 6:29 p.m. A MOTION WAS MADE BY COUNCIL MEMBER MACALUSO, SECONDED BY COUNCIL MEMBER SCOTT, TO APPROVE ON FIRST READING ORDINANCE NO. 2021-31; AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF BOERNE, KENDALL COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN SAID CITY LIMITS, AND GRANTING TO ALL THE INHABITANTS OF SAID PROPERTY ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID INHABITANTS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF SAID CITY (ANNEXING 2.967 ACRES LOCATED AT 6 NORTH STAR ROAD KAD 24324 AND 0.651 ACRE OF RIGHT OF WAY ON NORTH STAR ROAD AT THE REQUEST OF PROPERTY OWNER). THE MOTION CARRIED BY THE FOLLOWING VOTE: City of Boerne Page 6 City Council Official Meeting Minutes September 14, 2021 Yeah: 4 - Mayor Pro Tem Wolosin, Council Member Scott, Council Member Boddie, and Council Member Macaluso Absent: 1 - Council Member Woolard D. 2021-791 CONSIDER ON SECOND READING ORDINANCE NO. 2021-27; AN ORDINANCE ADOPTING THE ANNUAL CAPITAL AND OPERATING BUDGETS FOR THE CITY OF BOERNE, TEXAS, FOR THE FISCAL YEAR 2021-2022, BEGINNING OCTOBER 1, 2021, AND ENDING SEPTEMBER 30, 2022; AND AUTHORIZING THE CITY MANAGER TO TRANSFER PART OR ALL OF ANY ENCUMBERED APPROPRIATION BALANCE AMONG PROGRAMS, WITHIN A FUND DEPARTMENT, OFFICE, OR AGENCY AT ANY TIME DURING THE FISCAL YEAR. Mayor Handren called on Ms. Sandy Mattick, Finance Director. Ms. Mattick stated that the total proposed budget is $88,691,011.00 and includes the proposed tax rate of $0.4720. Discussion ensued regarding the last time the tax rate was increased. Mayor Handren expressed appreciation to the entire city staff for their efforts in the budget process. A MOTION WAS MADE BY COUNCIL MEMBER MACALUSO, SECONDED BY COUNCIL MEMBER BODDIE, TO APPROVE ON SECOND READING ORDINANCE NO. 2021-27; AN ORDINANCE ADOPTING THE ANNUAL CAPITAL AND OPERATING BUDGETS FOR THE CITY OF BOERNE, TEXAS, FOR THE FISCAL YEAR 2021-2022, BEGINNING OCTOBER 1, 2021, AND ENDING SEPTEMBER 30, 2022; AND AUTHORIZING THE CITY MANAGER TO TRANSFER PART OR ALL OF ANY ENCUMBERED APPROPRIATION BALANCE AMONG PROGRAMS, WITHIN A FUND DEPARTMENT, OFFICE, OR AGENCY AT ANY TIME DURING THE FISCAL YEAR. MAYOR HANDREN ASKED FOR A RECORD VOTE. THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 4 - Mayor Pro Tem Wolosin, Council Member Scott, Council Member Boddie, and Council Member Macaluso Absent: 1 - Council Member Woolard E. 2021-789 PROPOSED TAX RATE OF 0.4720/100 FOR FISCAL YEAR 2021-2022. City of Boerne Page 7 City Council Official Meeting Minutes September 14, 2021 I. PRESENTATION II. PUBLIC HEARING (One of one hearing) III. RATIFY THE PROPERTY TAX REVENUE INCREASE REFLECTED IN THE FISCAL YEAR 2021-2022 BUDGET. IV. CONSIDER A ONE-TIME READING OF ORDINANCE NO. 2021-32 ; AS PERMITTED BY THE CITY OF BOERNE’S HOME RULE CHARTER, SECTION 3.11.A. (As described below) V. CONSIDER ORDINANCE NO. 2021-32 ; AN ORDINANCE ESTABLISHING THE TAX RATE AND THE BASIS FOR ASSESSED VALUES FOR THE CITY OF BOERNE, TEXAS FOR THE YEAR 2021 AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. (Ordinance adopting tax rate) Ms. Mattick stated that the proposed tax rate for fiscal year 2020 is $0.4720 and the no-new-revenue rate is $0.4577. Mayor Handren opened the Public Hearing at 6:39 p.m. No comments were received. Mayor Handren closed the Public Hearing at 6:39 p.m. City of Boerne Page 8 City Council Official Meeting Minutes September 14, 2021 A MOTION WAS MADE BY MAYOR PRO TEM WOLOSIN, SECONDED BY COUNCIL MEMBER BODDIE, TO RATIFY THE PROPERTY TAX REVENUE INCREASE REFLECTED IN THE FISCAL YEAR 2021-2022 BUDGET. YEAH: 4 - MAYOR PRO TEM WOLOSIN, COUNCIL MEMBER SCOTT, COUNCIL MEMBER BODDIE, AND COUNCIL MEMBER MACALUSO ABSENT: 1 - COUNCIL MEMBER WOOLARD A MOTION WAS MADE BY COUNCIL MEMBER BODDIE, SECONDED BY MAYOR PRO TEM WOLOSIN TO APPROVE A ONE-TIME READING OF ORDINANCE NO. 2021-32 ; AS PERMITTED BY THE CITY OF BOERNE’S HOME RULE CHARTER, SECTION 3.11.A. (AS DESCRIBED BELOW). THE MOTION CARRIED BY THE FOLLOWING VOTE. YEAH: 4 - MAYOR PRO TEM WOLOSIN, COUNCIL MEMBER SCOTT, COUNCIL MEMBER BODDIE, AND COUNCIL MEMBER MACALUSO ABSENT: 1 - COUNCIL MEMBER WOOLARD COUNCIL MEMBER MACALUSO MOVED THAT THE PROPERTY TAX RATE BE INCREASED BY THE ADOPTION OF A TAX RATE OF $0.4720, WHICH IS EFFECTIVELY A 3.12 PERCENT INCREASE IN THE TAX RATE AND TO APPROVE ORDINANCE NO. 2021-32 ; ADOPTING THE TAX RATE FOR 2021. MAYOR HANDREN ASKED FOR A RECORD VOTE. THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 4 - Mayor Pro Tem Wolosin, Council Member Scott, Council Member Boddie, and Council Member Macaluso Absent: 1 - Council Member Woolard 6. OTHER ITEMS: A. 2021-790 CONSIDER MAYORAL APPOINTMENTS TO THE WATER PLANNING COMMITTEE. City of Boerne Page 9 City Council Official Meeting Minutes September 14, 2021 Mayor Handren explained his reason for recommending the addition of two new members to the Water Planning Committee; Grant Watanabe, Fair Oaks Ranch and Larry Bittle, Canyon Lake Water Service Company. A MOTION WAS MADE BY MAYOR PRO TEM WOLOSIN, SECONDED BY COUNCIL MEMBER MACALUSO, TO APPROVE THE MAYORAL APPOINTMENTS TO THE WATER PLANNING COMMITTEE. THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 4 - Mayor Pro Tem Wolosin, Council Member Scott, Council Member Boddie, and Council Member Macaluso Absent: 1 - Council Member Woolard 7. CITY MANAGER'S REPORT: 2021-796 A. I-10 TXDOT CONSTRUCTION PROJECT UPDATE (J CARROLL) B. D E V E L O P M E N T PROCESS IMPROVEMENT UPDATE (MONTAGNO) C. COVID VACCINE HUB FOR THE IMMUNOCOMPROMISED, 1ST AND/OR 2ND SHOT (THATCHER) Mayor Handren called on City Manager Ben Thatcher. Mr. Thatcher asked Mr. Jeff Carroll, Development Services Director to provide an update on TxDOT projects. He displayed a map of the various projects and the timeline for completion. Mr. Thatcher asked Mr. Nick Montagno, Assistant to the City Manager to update the City Council on the development process improvement project. Mr. Montagno spoke on the new builder/developer interface which he anticipates completion by the end of the year. He also spoke on the new department website design and the development process guidebook. Mr. Ben Thatcher reminded the City Council of the upcoming vaccine HUB will be on September 23, 2021 from 8:00 a.m. - noon at the Cana Ballroom. He stated that the city asked for and has received another allotment of vaccines. City of Boerne Page 10 City Council Official Meeting Minutes September 14, 2021 Mr. Thatcher mentioned that this is the last year for Ms. Mattick to complete a budget. It was a trying year for all. Council Member Macaluso spoke regarding COVID vaccine mandates. Mayor Pro Tem Wolosin expressed the importance of vaccines. He also stated that the Waterworks Committee met and will soon be bringing results to City Council. Mayor Handren stated he wrote an article for the newspaper regarding the effects of growth on transportation. It has been avoided far too long. He also referred to the events of 9/11 and how we unite as a country. Our citizens expect a lot from the city and county and it is important that we do what is right for the community. 8. EXECUTIVE SESSION IN ACCORDANCE WITH THE TEXAS GOVERNMENT CODE: Mayor Handren convened the City Council into Executive Session at 7:12 p.m. A. 2021-793 EXECUTIVE SESSION UNDER SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY TO SEEK LEGAL ADVICE REGARDING MATTERS INVOLVING PENDING OR CONTEMPLATED LITIGATION, A SETTLEMENT OFFER, AND/OR A LEGAL MATTER FOR WHICH THE DISCIPLINARY RULES OF PROFESSIONAL CONDUCT REQUIRE THE CITY ATTORNEY TO DISCUSS WITH CITY COUNCIL IN CLOSED SESSION RELATED TO A CLAIM BY GARY AND CYNTHIA NORGAN. No discussion took place. B. 2021-794 EXECUTIVE SESSION UNDER SECTION 551.071 - CONSULTATION WITH CITY’S ATTORNEY REGARDING PENDING OR CONTEMPLATED LITIGATION OR A SETTLEMENT OFFER RELATED TO OPIOID LITIGATION BY THE STATE OF TEXAS ON BEHALF OF THE CITY OF BOERNE AND OTHER ENTITIES AGAINST OPIOID MANUFACTURER JOHNSON & JOHNSON AND CERTAIN DISTRIBUTORS OF OPIOID DRUGS. City of Boerne Page 11 City Council Official Meeting Minutes September 14, 2021 Discussion began at 7:16 p.m. and ended at 7:31 p.m. No action taken. C. 2021-801 EXECUTIVE SESSION UNDER SECTION 551.071 - CONSULTATION WITH CITY'S ATTORNEY REGARDING PENDING OR CONTEMPLATED LITIGATION REGARDING DEVELOPMENT AGREEMENT WITH BOERNEBAK Discussion began at 7:31 and ended at 7:55 p.m. No action taken. D. 2021-795 EXECUTIVE SESSION UNDER SECTION 551.074 - PERSONNEL MATTERS. DISCUSSION ON PROCEDURES FOR CITY MANAGER EVALUATION. Discussion began at 7:55 p.m. and ended at 8:01 p.m. No action taken. 9. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY ACTION RELATING TO THE EXECUTIVE SESSION AS DESCRIBED ABOVE. Mayor Handren reconvened the City Council into Open Session at 8:02 p.m. A. 2021-797 CONSIDER RESOLUTION NO. 2021-R42; A RESOLUTION SUPPORTING THE ADOPTION OF THE TEXAS TERM SHEET APPROVING THE ALLOCATION OF ANY AND ALL OPIOID SETTLEMENT FUNDS. Mayor Handren called on Ms. Barbara Quirk, City Attorney to provide information on the Opioid settlement. The City has joined the state of Texas in a lawsuit against Johnson and Johnson and the distributors. It is estimated that the City will receive $55,631.06 as a result of the settlement. City of Boerne Page 12 City Council Official Meeting Minutes September 14, 2021 A MOTION WAS MADE BY COUNCIL MEMBER MACALUSO, SECONDED BY COUNCIL MEMBER BODDIE, TO APPROVE RESOLUTION NO. 2021-R42; A RESOLUTION SUPPORTING THE ADOPTION OF THE TEXAS TERM SHEET APPROVING THE ALLOCATION OF ANY AND ALL OPIOID SETTLEMENT FUNDS. THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 4 - Mayor Pro Tem Wolosin, Council Member Scott, Council Member Boddie, and Council Member Macaluso Absent: 1 - Council Member Woolard B. 2021-798 CONSIDER THE EXECUTION OF THE SUBDIVISION PARTICIPATION FORM FOR JOHNSON AND JOHNSON AND THE SUBDIVISION SETTLEMENT PARTICIPATION FORM FOR THE DISTRIBUTOR SETTLEMENT. A MOTION WAS MADE BY COUNCIL MEMBER BODDIE, SECONDED BY COUNCIL MEMBER MACALUSO, TO APPROVE THE EXECUTION OF THE SUBDIVISION PARTICIPATION FORM FOR JOHNSON AND JOHNSON AND THE SUBDIVISION SETTLEMENT PARTICIPATION FORM FOR THE DISTRIBUTOR SETTLEMENT. THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 4 - Mayor Pro Tem Wolosin, Council Member Scott, Council Member Boddie, and Council Member Macaluso Absent: 1 - Council Member Woolard 10. ADJOURNMENT Mayor Handren adjourned the City Council at 8:05 p.m. Approved: ____________________________ Mayor Attest: _____________________________ City Secretary City of Boerne Page 13