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58. Regular Meeting May 12, 2003 Page 12 hearings before the moratorium ends. The Council agreed by consensus to hold a workshop on May 19, 2003 at 7:00 p.m. Mayor Habingreither introduced a discussion regarding annexation/disannexation of the Southwest San Marcos area. Ms. Narvaiz stated Council had previously discussed reviewing this area in sub-areas. She stated Council has come up with sub-areas to avoid conflicts of interest. She stated the three Council Members who reside or own property in this area to abstain from participating in the disannexation discussion because of potential legal ramifications. Mr. Thomaides stated he feels it is the duty of the Council to identify what is fair for all residents of San Marcos. He stated this issue needs to be decided, and then the Council needs to move on. Mr. Mihalkanin stated he feels the 6 sub-areas should be used when Council is reviewing potential disannexation and Service Plans. He stated he feels for the sake of clarity it is prudent to follow sub-areas A through E. Mr. Mihalkanin also stated he wants Council to vote on disannexation, annexation and service plan for 6 areas, and one area needs to be completed before Council begins on another area. He also wants the long-term costs and benefits to be reviewed. Mr. Montoya stated it was time to make a decision. He also stated he feels this area should be reviewed by a stair-step process of the 6 sub-areas. He feels the Council should take a second look at the Service Plan for these areas. He stated he wants this looked at quickly. Mr. Taylor read his comments into the record regarding this 1253 acres and asked the Council to consider disannexation. He stated he has heard citizens say that because they pay the City pay property tax, they are entitled to Water/Wastewater, but that is not accurate since property taxes are not used to support the utilities. Mr. Taylor said if you do not have wastewater service, you do not pay a wastewater bill. He stated he will support this area to receive services for their property taxes if it is not disannexed. He feels all citizens should be treated fairly and would consider some type of limited annexation. Mr. Diaz asked for a clarification from Mr. Mark Taylor regarding Mr. Diaz' need to abstain from this item. Mr. Mark Taylor stated the Ethics Commission had previously provided an opinion that a Council Member who owns property in the annexed area should not participate in a discussion on disannexation of the area. Mayor Habingreither asked Mr. Mark Taylor what his opinion was on the issue. Mr. Mark Taylor stated this is a fact issue, not an issue of law, and while he is open to expressing opinions on issues of law, he is reluctant to express an opinion contrary to that of the Commission on a fact issue. Mr. Mihalkanin asked whether the Ethics Commission looked at Council participation if divided into sub-areas. Mr. Taylor stated there was some discussion at looking at sub-areas or a whole area, but the Commission decided to review the area as a whole. Ms. Narvaiz asked Mr. Mark Taylor about an opinion he had given to a Council Member in the course of the annexation. Mr. Mark Taylor stated he advised former Mayor Chiu to abstain from the discussion because he owned a home in the area. Mr. Mark Taylor stated he tends to err on the side of caution when giving opinions to City officials, because a violation involves criminal penalties. Mr. Diaz stated he is uncomfortable