City Council - Regular Meeting

continues to work while we're here. And we are gonna get started because as you can see, we have a full quorum here. All of our council members are present. And I am going to call this meeting to order as a result. And as we typically do, we're gonna ask for our invocation to be made by one of our esteemed local pastors. And it is Scott Vermillion of the church at Horseshoe Bay. So could you please rise?

Well, dear Lord, we are so grateful on this beautiful afternoon to come together to do your business. We know that this city runs because good men and women have put their effort and energy toward it. And so, Lord, we pray for wisdom. We know that when we ask of you for wisdom, you give it to us in spades. And so we're grateful for that gift. We also ask for courage that we would follow the right path, that we'd be men and women who do what's right, who treat others well and respectfully. And Lord, we pray for mercy as well. We certainly don't deserve good things coming our way, but Lord, when we get them, we want to thank you and bless you for them. So thanks for the council. Thanks for the community coming together to invest in making Horseshoe Bay a better city. In your name we pray. Amen.

I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation, under God, indivisible, with liberty and justice for all. Honor the Texas flag. I pledge allegiance to the Texas, one state, under God, one and indivisible. Thank you, everyone. If you would like to an opportunity to speak today, we ask that you try to sign in back there on the back corner. We have a sign in sheet. If you fail to do so, we will still be able to hear your your comments as well. And we are going to start today with some really great news. The first is a proclamation, and it is from the Daughters of the American Revolution and Gretchen

no not kelly kelly i'm sorry kelly kelly gretchen's back there kelly good to see you kelly good to see you mayor provide us mayor mayor jeff jones members of the city council and members of the community of horseshoe bay my name is kelly fox and i'm the regent of the lano uplift chapter of the daughters of the american revolution And with me today is my colleague, Jacqueline Johnson, who is the secretary of our chapter and a resident of Horseshoe Bay. We respectfully ask the city of Horseshoe Bay to recognize September 17th to the 23rd, 2026 as Constitution Week, commemorating the signing of the United States Constitution on September 17th, 1787. We would be honored to have Mayor Jones or his designee read the proclamation and if time, the preamble to the United States Constitution. Thank you for helping our community honor this remarkable document and the freedoms and responsibilities that it represents.

Thank you, Kelly. I will be glad to do that. Whereas September 17, 2026 marks the 239th anniversary of the signing of the Constitution of the United States of America by the delegates to the Constitutional Convention, providing the foundation for our system of government, and whereas the Constitution begins with the enduring words, we the people. expressing the purposes for which our constitutional government was established and remains an enduring testimony testament to the wisdom and foresight of its framers and whereas in 1955 the Daughters of the American Revolution petitioned the United States Congress to set aside September 17 through 23 annually for the observance of the Constitution Week and the resolution was signed into public law in 915 by President Dwight D. Eisenhower in 1956. And whereas Constitution Week encourages the study of the historical events that led to the framing of the Constitution, reminds citizens that the Constitution is the foundation of America's heritage and way of life, and emphasizes each citizen's responsibility to protect and to defend it, and whereas the Llano Uplift Chapter, National Society Daughters of the American Revolution, promotes this annual observance throughout the communities it serves, now therefore I, Jeff Jones, Mayor of the City of Horseshoe Bay, on behalf of the City Council, do hereby proclaim September 17 to 23, 2026, as Constitution Week, in the City of Horseshoe Bay and encourage all citizens to commemorate the signing of the United States Constitution, study this foundational document, and reflect upon the privileges and responsibilities of American citizenship and witness there whereof I have heretofore set my hand and cause the official seal of the City of Horseshoe Bay to be fixed on this 15th day of September 2026.

Thank you so much. We gratefully accept this proclamation on behalf of the Llano Uplift Chapter and sincerely appreciate all of your public service and support of Constitution Week. Was somebody going to read the preamble for us?

I'll be glad to if no one else wants to. Looks like you. I would love to read it. the preamble is the foundation of our constitution you want to give me a little cheat sheet perhaps i do want to give you a cheat sheet you didn't memorize it we the people we the people hold these truths thank you kelly we the people of the united states in order to form a more perfect union, to establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity do ordain and establish this Constitution for the United States of America.

Let's give him a round of applause.

And I have a proclamation signed for you. Thank you. One, two, three. One more. One, two, three. Thank you. Thank you very much. All right. We have a proclamation declaring October 2026 as National Planning Month. John Byram, I believe. Yes.

Mayor, Council, good afternoon. For the record, John Byram, Development Services Director. Since 1982, the American Planning Association has sponsored National Community Month each October to raise awareness of the role planning plays in creating great communities. This annual observance highlights the profession's contributions to shaping livable, safe, and sustainable places to live, work, and play. During National Planning Month, this provides an opportunity to highlight the planning team's contributions to community safety and sustainability, educate the public on planning process and how they can participate, along with celebrate recent planning achievements such as implementing the permitting software GovWell and Horseshoe Bay, updating the fee schedule, beginning work on the new subdivision ordinance, continuing work on the comprehensive plan, and taking forward the subdivision ordinance for adoption. At this time, I would like to recognize our planning team. So Sandra, our planning supervisor, Steve, our assistant planner, and Ashley, development services coordinator.

Yes. I'm going to read just a portion of this proclamation, John. Whereas planners can help navigate this change with data-driven insights and expertise that provide better choices for how people work and live, and whereas the full benefits of planning require public elected and appointed officials who understand, support, and demand excellence in planning and plan implementation, I hereby proclaim October 2026 as National Planning Month in Horseshoe Bay. Thank you, John. Our final proclamation today is Code Enforcement Officer Appreciation Month.

Since 1988, the American Association of Code Enforcement has sponsored Code Enforcement Officer Appreciation Month each October to recognize the dedication and professionalism of code enforcement officers nationwide. This annual observance highlights the profession's role in enforcing building, zoning, housing, and environmental and life safety standards that protect community health and safety. So at this time, I'd like to recognize our code team. So we have Chad, our code enforcement officer, and Mac and Jeremy are code enforcement officers.

If you see these guys in your front yard, it's either good news or bad news. It's never in the middle. Thank you guys. A proclamation of the City of Horseshoe Bay declaring the month of October 2026 as Code Enforcement Office Appreciation Month, whereas code enforcement officers provide for the safety and welfare of the citizens throughout the United States through the administration of local codes or ordinances addressing various issues related to building construction, zoning, housing, animal control, environmental stewardship, and public health. we recognize how many valuable contributions made by the professional staff of the City of Horseshoe Bay are made and extend our heartfelt thanks for the continued commitment to public service by these professionals. I, Mayor Jeff Jones, do hereby proclaim October 26 be known as Code Enforcement Officer Appreciation Month in Horseshoe Bay. Thank you. Okay, we have several announcements now and some staff recognitions. And the first we have, I believe, is from our fire chief, Doug Fowler.

Mayor, council, thank you very much. Mr. Allen Williams, are you in attendance? Come on up front, please. So back on August 11th, we had a wildfire over in Sandy Harbor. Late in the afternoon, so it was well over 100 degrees, and we had about 10 acres involved. It was a little bit dicey up front because we had some 10 to 15 mile an hour winds blowing. But it was one of those fires that we had to stay on it deep into the evening. uh we had roughly 50 or 60 people in all from from over a dozen agencies that came in including the texas forest service and emergency management for llano county and air assets and just on and on on incidents like that You can't just send people off to go eat, have their dinner. You got to bring it in. And on that particular day, Chick-fil-A, who is a great community supporter, stepped up and supported all the first responders at that fire and provided them with their dinner that night. And so we just wanted to recognize Chick-fil-A for the awesome support that we get from you. And again, thank you very much.

They do a fabulous job with lots of different opportunities like that, and that's not isolated. We thank you, Alan, for doing that. Now we have Paul Nelson, I believe, who's going to welcome back an officer from Kuwait, I believe.

Yes, sir. Thank you, Mr. Mayor and Council. Nick, if you want to come up here with your wife and daughter. While they're doing this, I just want to introduce you to Officer Nick King. He's been with us for a little over a year. Unfortunately, Uncle Sam had called him overseas to do his reserve duty in Kuwait, and he'd been there for over a year. uh recently he's come back and we want to take this time to introduce you to him with the council with the citizens and let everybody know what who we have here working for the horseshoe bay police department what it means to us thank you for your service welcome back Your dedication, resilience and commitment to our country are deeply appreciated. We're grateful for the sacrifice you've made and for the strength that you bring to our team. Returning after military duty can be difficult, and we want you to know that we're here to support you in any way we can. Your presence makes a meaningful difference, and we're glad to have Officer King back. Thank you for your service.

Thank you so much for your service, and you've got a beautiful family there. Now Paul Nelson will be recognizing Lynn Snyder, I believe.

Yes, sir. This is Lynn Snyder. We call him Little Lynn, by the way. He started with us January of 2022 as a patrol officer. Investigator Snyder was recently promoted to investigator back in August, but now the time has slowed down and we can get everybody recognized. Investigator Snyder brings 31 years of experience to the department. It was 15 years with LCRE Ranger and 11 years with Lockhart PD before he came here. Investigator Schneider's worked several different areas in law enforcement, from patrol to narcotics and boating safety. Um, a little bit about investigator Snyder's. He started here as patrol and there's not one person has worked harder for this than this officer right here. He is day in and day out has brought the best attitude every day. He's come to work. He's done everything we've ever asked him and done a lot more than what we asked him and well deserved to be promoted to investigator. And we're looking forward to the future. Uh, captain of CID is here with, uh, Cody Mitchell.

Anything say anything?

I like to put him on the spot as much as I can.

I just wanted to take a moment to thank you personally. Uh, I sat through your interview process. Um, you, uh, astonished everybody that was on the committee. Um, although I expected no less from you, I've seen your work ethic since I began working over here. You've done a great job. You're a great asset to the criminal investigations division and look forward to, uh, working with you and watching as your, this new venture in your career progresses. We're here to help you in any way that you, anytime you need something, anything you want to ask, we're here for you.

Thank you, Lynn. Thank you, Lynn. Now, Paul, where'd you go? Oh, there you are.

Another picture.

Yeah, get another picture there. Thought you disappeared on me. You can ask that question. Thank you very much. Paul Nelson, you have one more for us, I believe.

The officer or court key is not here to receive this today. This is day off and he's doing some other things and not able to make it, so.

What's he missing?

Five-year? Five-year anniversary.

Okay. He's got to repeat the fourth year then.

Yes, sir. All right.

Let him know that the mayor pro tem said that.

Thank you so much.

All right. We now have Cody. Where's Cody? Cody Martin? Yeah. Who is going to present Brandon Potier.

Good evening. Mayor, council, good to see all of you. We have our new reclamation operator here, Mr. Brandon Potier. I'm gonna read this out loud for you. Mayor and council, we'd like to welcome Utilities Department newest team member, Brandon Potier. Brandon was born in Long Beach, California in 1972. He is one of three brothers. Brandon, he has a twin, making their bond close from an early age. He finished high school and completed most of his college coursework before entering the workforce. After trying his hand at a few different jobs, Brandon found his calling as a cell tower technician, a career he pursued for 15 years, climbing towers and handling installations and repairs across the industry. In 2018, he began growing the long distinguished beard he still proudly wears today. In 2020, Brandon met his wonderful girlfriend and the following year, the couple relocated to the great state of Texas to be closer to her family. His first job in the Lone Star State was a railroad conductor. Brandon and his girlfriend of six years currently live in Marble Falls with their two cats. Brandon is an avid sports fan and a lifelong Chicago Bears supporter and self-described football statistics junkie. On his free time, he enjoys golfing, watching movies, exploring new restaurants with his girlfriend whenever the opportunity arises. Mayor and council, please join me in welcoming Brandon Puts here as the City of Horseshoe Bay's utility team.

All right, welcome Brandon. Thank you, Cody.

We have, oh, sorry. There was one that didn't make it on the list, and there was a reason why it didn't make it on the list. I was, yeah. Can I invite Gretchen with TCMA up?

Mayor, Council, thank you for your time. My name is Gretchen Mercer. I'm the City Secretary, Director of Admin Services for the City of Canyon. I'm here for a very, very honored announcement for our special Susie. Each year TMCA recognizes one of our members with the Municipal Clerk of the Year Award. This honor recognizes a municipal clerk who exemplifies professionalism, leadership, dedication, and service to the association, members, and their community. Susie, I've always looked up to you as a mentor and a friend, and it is highest respect that I'm here and feel honored to get to let you know that you have been selected this year for this honor. And while this is great, it's a huge honor among TMCA. We have 1,300 members that's up right now. So for her to be chosen is a big, big honor for everything she's done. She's taught classes. She mentors people. I'm one of those people. And so I appreciate that. There is one caveat. this is secret um we will award this in october at the annual banquet so if we could take all the pictures you want celebrate tonight make plans to attend if you want just please no social media till october when we make the official announcement but we wanted the council and her family to know so if anyone wanted to come to the banquet in the woodlands um you're welcome to come we've sent the information so congratulations susie i'm so happy

One, two, three. One more. One, two, three.

We actually had to reset the alarms of this building because she leaves so late. She works around the clock almost. And Susie, we appreciate you. We really do. You are deserving of this. Thank you.

Okay.

All right, we're going to move now to public comments, which the citizens get to address any matter that matters to them in the public. And we ask you to limit that to three minutes, if you would, please. We do have a timer here. When that timer goes off, you know that your three minutes are up. And please be understanding that the city council cannot address what you're talking about. It's because it's not on our official agenda, so it's not that we aren't concerned about what you're saying, it's just that we cannot by law entertain a discussion with you about it. So we have, nobody signed up for that. Was there anybody who failed to sign up who would like to speak in the public comment section? Ray, are you raising your hand? Oh, okay. All right, well, we will then, I see no hands. We will move on now to our presentations. You guys are gonna be in a wonderful position today because we have Judge Kevin Madison, who is our municipal judge, who I hope nobody's met before today.

uh and he is going to give us an update on what he does as our municipal judge he does a whole lot judge madison thank you mayor council members of the community uh appreciate this time to speak to you all um you know it's funny you talked about seeing people in court you know i have a couple other courts and sometimes they get people to go hey, Judge Madison, good to see you. And it's like, it's not good that we know each other. It's not like we get a punch card and on the 10th, when do you get a free ticket or something like that. But I do see people sometimes more than they probably need to be there. So I'm here today to kind of present just some information about the court, what we do, operation of what municipal courts do as a matter of record across the state of Texas besides just here. So I'm honored to be the presiding judge. Our court administrator is Beth Kutz. Our prosecutor is Eddie Arradonda, who's also the Burnet County attorney. And I know Chad's back there hiding. There he is in the corner, trying to hide again, is our bailiff whenever we have court. So we do appreciate all of our staff and we work really well together. I've been doing the judge thing for over 37 years. I've taught 22 years with the Municipal Court Education Center and served also as their president on their board. Got some law enforcement experience, which helps me 22 years as a firefighter and AMS first responder. So all those really kind of help me when we have cases that may be, whether it be traffic, criminal, or we get a lot of code cases. And sometimes people think, well, what's the importance of a code case? And my hat's off, I appreciate everything code does for the city because it's not only enhancing the quality of life and keeping property values good, but when you have situations where there are combustibles, hoarding, dangerous things that are on people's property, it can become a health and safety hazard for the community. So code is very important to us. So I started here 20 years ago. So I'll get my 20 year pin after this. I've been here 20 years since the inception of the court and helped set up the court when we decided to start as a court, and we started as a court of record, so that was a good way to start here. Beth Kuntz is level two, which takes a lot to get level one. She's already level two, and the very highest level of a court clerk is level three, and she's working on that. She's got six years of experience doing it, local government leadership certificate, uh recognized for distinguished service texas court clerks association and she's got her bachelor's of business administration so we work very well together i'm not here every day because we don't have court every day we don't need it but i'm in constant contact with her and we work really well together we're very lucky to have somebody as well qualified as we do with beth so most of us know you know when you think of municipal court you're thinking of traffic tickets right but there's a lot more than just traffic tickets. We get criminal offenses, which are class C misdemeanors, anything that's a non jailable offense. City ordinances can only be enforced by a municipal court. So there are some cities out there, it's interesting, the Hills, Village of the Hills has ordinances, but they have no court. So they have no way to enforce their ordinances. it's been a frustration for him for years. I don't know why they haven't formed one, but you cannot pass those over to a JP court. You can do your traffic. If it falls within the jurisdiction of that justice of the peace court traffic can be enforced and prosecuted in, in JP court, but you cannot enforce municipal city ordinances in anything other than your own court. So that's another reason to have a court here to make sure those city ordinances, which are health and safety related are enforced. State health and safety laws we get. And another one that has been pretty good now, but several years ago we had quite a few substandard building cases. These were everything from homes that had roofs falling in to quadplexes where stairways were dangerous, dangerous balconies. And we've seen balcony collapse cases that usually end in tragedy in Austin and other areas. So we've been getting quite a few of the dangerous building and substandard building cases. Protection of animals, where if somebody's abusing an animal, we can seize the animal, and also they can be prosecuted. And occasionally, property ownership. Those are kind of weird ones, but I had one in the past few months where somebody had a gun stolen in Houston, ended up in a pawn shop, and had to determine ownership for them. So things like that can come up, very unusual property ownership hearings. Municipal courts are kind of where the rubber meets the road because municipal courts make up 36% of the entire judiciary. And the interesting thing is across Texas, municipal courts hear more cases than district court, county courts, and the appellate courts combined. So most people, if they're going to be in a court, they're going to be in a municipal court for a code case, traffic case, things like that. Most people are not going to end up in a district court unless something's really wrong. unless it may be a civil case like a divorce. But if you're in the district court for a criminal case, it's going to be a felony. So most people are going to have their experiences in a municipal court. Municipal courts traditionally have been the ones who issue arrest warrants for police officers. So even though we don't hear cases that are capital cases, I've issued arrest warrants for everything from capital murder up to sexual assault, you know, all those types of things that are felony offenses. So we do this in order to serve the police department so they have a judge they can get to right away. There's approximately 954 municipal courts in Texas, about 1,321 judges. The majority are attorneys, and Texas is one of those states where you don't have to be an attorney to be a municipal judge or a JP. However, most of the larger cities and counties Some of the outlying cities, well, like Horseshoe Bay, recognize the fact of having a licensed attorney who's been to law school and has experience in law is much more valuable having as a judge. Municipal courts hear over 6 million cases a year, about 3,800 jury trials, and issue over 1.7 million arrest warrants every year. So they issue more arrest warrants. You know, good luck waking up a district judge is all I can say in the middle of the night. It's usually falls on us. So we're happy to do it. So we are a court of record. And when the city established their court, we established it as a court of record in 2007. So what's the importance of being a court of record? Well, first of all, you know, you're going to have a qualified judge because they have to be a licensed attorney with two years experience or more. Appeals are only on merits. The way it works in courts that are non court of record or jp courts if somebody goes to court and has a trial and they lose they can say i'm going to appeal and they have to do the trial all over again in county court so a lot of savvy attorneys were realizing we'll just try it and then we get a second bite of the apple and then you have to do it all over again so this avoids that trap and allows cases to only be appealed like in county or district court if there's been an error made and i think i've And all of the courts over my 37 years, I've had about four appeals and been affirmed on all of them.

So hope that stays away.

Um, the other positive aspect to be a court of record is judges in courts of record can issue evidentiary search warrants. which means things that are like for DNA. If it's a sexual assault case, a regular municipal judge cannot issue those. But if it's a court of record, the judge can issue evidentiary search warrants for DNA, for blood, also for those three o'clock in the morning calls that you guys do for me, um, DWIs where they say, ah, I'm not gonna blow. So what do you think about that? And they go, well, that's okay. We'll call judge Madison in 15 minutes. We'll have a, blood search warrant order and we'll go down and pull blood and see not only if there's alcohol but what drugs are on board because now about half those cases it's drugs and alcohol on board so they can check that when they get a blood search warrant so that's another positive thing that we can do in a court of record and probably most importantly it being a court of record it entitles that judge myself to be able to hear cases that are substandard buildings whether they're commercial or residential the same way as if you went to district court. So first of all, this means it saves the city a lot of money. Okay. Your city prosecutor can be the one that brings the case instead of hiring an outside firm. It's a lot quicker because if you end up on a docket in Burnett County or Llano County, you might not get reached for months. Whereas when we get a case, it's going to be set that next month on the docket. So it enables us to do this more efficiently and more quickly. to handle those dangerous cases which are health safety hazard. Again, JPs and regular municipal courts cannot issue evidentiary search warrants or hear dangerous billing cases. So what's the jurisdiction? Anything that's a criminal case and including traffic, same as what JP courts hear. Exclusive jurisdiction for city ordinances, again, those can only be heard in a municipal court for the city and a court of record. Again, we have that ability to hear those substandard billing cases, and those are really important. What kind of cases? Well, Class C criminal offenses, that means anything that's not punishable by jail. The majority of them are things like theft under $100, disorderly conduct, public intoxication, a minor who's driving under influence of alcohol, fighting in public, things like that, assaults that are Class C assaults where there's not bodily injury. So those are the kind of cases we hear. Traffic citations, of course we all know about those. Find-only city ordinances, those could be everything from, you know, tall grass weeds to junk, rubbish, trash. And it's not only that they're unsightly, but things like that breed rodents and they just become a health hazard. Dangerous dog cases, we do have those that come up. Again, health safety code cases, those can carry a fine of up to $2,000 a day for each violation. And again, nuisance and dangerous structures. Judicial duties, serving as a judge, of course, some accepting pleas, rendering judgments on cases, setting fines when there is a conviction on the case. making decisions of law depending on what the statute, if there's case law involved. Implement procedures, I've implemented standing orders which help the court run more easily. For example, we have certain protocols that we can handle somebody's case without them having to come in. We do get visitors from out of town, obviously here, Uh, and so if you have somebody from Houston, they're like, do I have to really drive up? I just wanna take driver safety course. Not a problem. We can get them set up and we do that. We have those standing orders cuz we're not here to make people's lives more difficult. We're here to try and move the case through. And we started, uh, a safe harbor provision, which means anyone who has warrants out of our city before the legislature mandated it, we were doing this years before called it a safe harbor. If you got warrants, just come in, let's get your cases taken care of. It's not a trick to get you arrested. but you can't get your cases taken care of if you don't come in. And if you don't come in, we put a hold on their driver's license. So it's, it's sometimes interesting, you know, do you remember it used to be every two years, you get your driver's license, then it became four, then it's six. And I have a class B license, which I know the firefighters have, uh, because I drive a fire truck too, when I'm volunteering. So, That, I was surprised, was an eight-year renewal. And I'm like, really? For operating at 20, over 26,000 pounds, an eight-year renewal. What that translates to is if we have a hold on the non-renewal of the driver's license, it takes a few years to catch up to them now because people aren't renewing but every six years. But I'll get that person that comes in, and I go, I gotta renew my driver's, I got a ticket six years ago, and I'm like, I'm pretty sure it wasn't pangs of conscience, but it was that letter from DPS, it was like, hey, you're not getting your license renewed until you get your tickets cleared up. So that does, it is helpful having that. And that's one of the things we do here. All the forms we use in court, I draft the forms. When cases are set, usually set bail, there are motions filed, motions for discovery. So here are those motions in court. We get a lot of deferred dispositions, which is a fancy name for probation. So on certain cases, a person may not be eligible for driver's safety course. Or it may be a criminal case. We get cases with minor consumption of alcohol. Or you get some kid who shoplifts something gets a theft charge. Well, if they get a conviction for theft, that's gonna follow them their whole life. So we like to put them on a deferred disposition probation if they take some classes, do some community service, don't get in trouble over six months, case gets dismissed. So those are very helpful things to make sure somebody doesn't have some very bad repercussions for making a stupid decision. Maybe with some of their 16 years, not saying I didn't think stupid when I was 16, but I'm glad the statutes run. So we'll talk about it. All right. Fine collection. We do that too. And then we also use the constable's office to establish that also issuing capious profile more. It's just a fancy name, meaning somebody hasn't paid a judgment after they've been convicted. and we have to issue a Capus Pro fine to make sure that they are paying their fines as was adjudicated against them. And updating procedures based on case law, going to those lovely conferences every two years when that legislature over there meets, we get to do the same thing y'all get to do, learn all the changes in the law and apply that, right? So it's always a scary thing when they meet. And then review court documents. That's kind of the duties as a judge, Also, as a judge, all municipal judges, like district judges, are considered state magistrates as well. So you step out of your role as a municipal court judge and become a state magistrate. So you are required to issue any orders to assist the police to preserve the peace. Issuing arrest warrants. All offenses. It could be class C misdemeanors up to capital murder. I've issued all of them. set bail and conditions of bail for release. When somebody is arrested, advise defendants of their legal rights, issue those evidentiary search warrants. Again, I've issued them for our police department for evidence. It could be DNA. Also issued them for blood search warrants in the middle of the night. So I'm on call for Of course, you may police 24-7. I'll take off if I have a vacation, but I've actually done things when I've been on vacation on a pad before. But I'm available 24-7. So when the officers call and if they have a serious offense, whether it be something that's a DWI and they need a blood search warrant, or if they have an ag assault and they want to get that person arrested that night, they will call me. And within 15 minutes, if they've got the probable cause laid out, which 99% 0.9% of the time they do here, because we have a very excellent police department and great investigators. If it's there, it'll be in their hands by email in 15 minutes tops. Yeah, that's how quick I get those things out to them, which protects the community. You know, it's funny, I had a chief at one of the cities I worked at, and he insisted that all arrest warrants had to be a actual signature. And I'm like, chief, it doesn't have to be, it can be digital. That's how we get those things transmitted back and forth. But what's funny is the code of criminal procedure was just changed about four years ago because it still said warrants may issue by telegraph. And I started thinking, right? I mean, think about it though. When you think back in the 1800s, nobody had fax machines, but yet when they used the telegraph, that was electronic. So it's really interesting. They were ahead of us there. We came full circle, we were requiring signed arrest warrants, and now you can do it by fax, by email, but they were doing it in the 1800s. They would go to the telegraph office and they'd carry it over to the sheriff, perfectly legal. And we're doing the same thing nowadays, we're just doing it by email. So it's interesting, it's kind of like full circle. Also, I volunteer, unpaid, on call for Texas Alcoholic Beverage Commission, Highway Patrol, Texas Game Wardens, and LCRA Rangers. So I've helped out LCRA before on this lake. I was riding out on Lake LBJ on July 4th. It was a sweltering 4th of July, and I was out on a boat with several of the Texas Game Wardens and assisting them with boating while intoxicated cases. LCRA rangers had stopped a boat and they needed a blood search warrant, so I assisted signing that for them, helping them out. I do the same thing for TABC officers. And how it comes into play with Texas Alcohol Beverage Commission is if they get a fatality and they find out the person's coming from a bar, they want to immediately seize all the records they can from that bar if they're over serving somebody. So I've helped them out on a number of occasions getting those search warrants, evidentiary search warrants, so they can get to that bar, preserve the closed-circuit TV footage and receipts in case they need to prosecute. It's the same thing I do with Texas game wardens. We've had incidents right here on Lake LBJ where a boat crashed into another boat. They took off, fled the scene, leaving injured people in the other boat and went and hid in a cove, except the game wardens found them in the cove. And they wanted me to issue a evidentiary search warrant on their Garmin navigation unit to ping them right to the wreck. So I was able to get that for them in like 30 minutes. So they got that and they were able to tie them directly to where the crash is. So it directly impacts the safety on the lakes as well as safety on the roads here. Beth Kuntz. Her role as court administrator is to bring together all the administrative processes along with the judicial processes to manage the court and resolve the cases timely. She's extremely helpful to folks on the telephone. And it's funny, because they'll come into court and she'll know who they are. She's like, oh, I called him to make sure he got everything he needed on his probation. So she has to kind of scooch him along sometimes to make sure they do what they need to do. But she's a valuable asset, having her as the court administrator. So she manages deputy court clerk, coordinates with law enforcement for court security. And of course, Chad Mercer helps us out there, implements the standing orders that I've issued, manages the court docket and the trial docket, tracks the cases. She also handles the youth diversion program that we have started out here with kids that are committed in offense are required to be handled separately. If they succeed and they want to participate in a program that's outside the criminal court, we handle those cases. The youth diversion is called, and then she gets to the fun stuff. Of course, you know about the fun stuff for the state, right? Uh, court costs, all those lovely reports that have to be turned over to the comptroller and the state of Texas. And issues the warrants, subpoenas and summons. And then I sign them when she issues them. and gets to work on our favorite topic of all the time. And that's our court budget along with the city budget and the reporting again, as I said, by state law. So I thought it'd be interesting to see kind of what the, uh, breakdown is, you know, the cases, like how many cases do you hear traffic as opposed to criminal? So it's roughly 73% is gonna be traffic cases, criminal cases, about 16 city code, about 11%. And then we hear substandard building cases when they're docketed and heard by the city. So in summer, we see an uptick, approximately 43%. So they've jumped from about 35 cases a month up to about 50 cases a month, and I think that's attributed to visitors out here and then, of course, kids not being in school. So the past 12 months, though, our caseload has increased by about 9%, and fine revenue has increased by about 11%. So who files the criminal cases? Well, again, police department, if it's traffic or criminal. Code cases are gonna be filed by code enforcement. Municipal court files anything that's fair to appear if we have to file them. And then other agencies, it is rare that other agencies file in our court, but they certainly can if the offense occurred within our jurisdiction, they can file it in our court. Disposition of cases, about 49% of them waive trial, plead, and pay a fine in the court costs. about 21% of prosecutor dismissal. Sometimes it's a plea bargain. If somebody has a speeding ticket and then a violate promise to appear, if they agreed, okay, I'll plead to the speeding if you'll drop the other one. So that's sometimes the reason why the prosecutor does it. Some of them may be code cases where we're trying to achieve compliance. And I always tell people, I know the reflection of the council, we want those city codes to be enforced, but we're not here as a revenue generator for that. And the council has never wanted to do that. So I try and tell people, look, We're just trying to get the things that need to be done to stay in compliance done. If you haven't mowed your yard, let's get it mowed. And then if they get it done right away, the prosecutor usually dismiss it. We're trying to get compliance rather than trying to get a conviction. A lot of people like the deferred dispositions, so we have about 12% take deferred disposition. And of course, driver safety course, once a year you can use defensive driving. For most traffic violations, you want to keep it off your record. So that's where that 10% comes in. Statutory compliance, that's things like expired registration, expired driver's license. If you get it renewed, we can dismiss it for a $10 or $20 fee. So that's what you're seeing there. And then it comes down to only about 1% go to trial. Civil cases, what kind of civil cases? Well, there can be code cases. Substandard dangerous structures are filed as a civil case. Animal control cases can be. And sometimes we have to do evidence destruction orders when police department evidence room starts getting filled up. If the cases are already disposed of, then I sign an order so they can dispose of the evidence and keep everything clean. And then sometimes we do those property ownership ones. That's my presentation and happy to be here and serve as your judge. Any questions I can answer at all? Anything?

How much sleep do you get?

I'm lucky. My wife, she's a trauma nurse and she says I'm amazed that you can wake up and I'm an instant on, but that comes from being a firefighter too. So I would routinely beat the other firefighters to the, you know, to the engine because I could get up immediately, wake up. If I can get to it pretty quickly, and then get it signed, you know, in 15, 20 minutes to be done, go back to bed, I'm pretty good. Now I'll help out other counties like Llano County, they'll call occasionally. And I had one deputy call me and said, hey, Judge Madison. I said, huh? He said, I'm fixing to send you an affidavit for a blood search warrant. I said, fixing? Texas definition getting ready to, I said, so you, you haven't done it yet, right? He goes, no. I said, oh, dear God, I thought it'll be an hour and a half. This is gonna be one of those nights. I'm not gonna get any sleep. So I try when I can though.

We are very fortunate to have you and horseshoe bay is not your only city that you are the municipal judge in. Yes, sir. You have several others. Yes, sir. And I just don't know what you do with your free time, all that free time.

Time management.

But we are fortunate to have you, and we're also fortunate to hear exactly what you do. And we just wish you the best and look forward to a long relationship with you.

Thank you. And I wanted to also mention that the pamphlet you have before you, Beth, And also, Cindy, big shout out, did a fantastic job on this brochure, which is handed out to citizens to let them know the procedures in municipal court and what their rights are. So they did a fantastic job. Just wanted to shout out to them.

Thank you so much. Appreciate it. Thank you, Judge. Appreciate it. All right, we're going to move now to our public hearing items. And we're going to hear public hearing to approve ordinance number 2026-09-017, adoption of the subdivision ordinance. I'm going to open this public hearing at 3.54 and ask John Byrum to begin the presentation, please.

Mayor, Council, updating a subdivision ordinance is crucial for ensuring that the subdivision regulations remain aligned with the community goals, legal requirements, and development trends. The current subdivision ordinance that we have was adopted all the way back on September 18, 2007, so almost 19 years ago to the day. Staff has been working with Friesen Nichols to update that code. We are happy to say that tonight we have it in front of you. hopefully for adoption, and at this point I will pass it over to Friesen Nichols.

Thank you.

Thank you, Rick. Good evening, Mayor and Council, and thank you for the opportunity to join you this evening. What better way to kick off planning month than to present a code update? So we're very excited to talk through this with y'all. So to start us off, I'd like to introduce our core urban planning project team and then also introduce the deep bench of talent that we've had involved in your project over the lifespan of this project. So our project manager, Wilson Kerr, Unfortunately, he had another engagement, so he wasn't able to attend this evening. I have been fortunate to serve as the assistant project manager on this project, along with Chance Sparks, who's our principal in charge, Evan Olszewski, and Lavender Pack. This is our planning team, but also involved, and I think it is worth really highlighting and noting is the multitude of engineers that have been involved in this project as well. Planning projects are stronger with engineers and engineering projects are stronger with planners. So I want to introduce George Fowler, who's here with me, and he'll be speaking to the drainage and environmental protection section of the ordinance this evening. But also we had Giancarlo Bettino, Mallory Skates, and many other resident experts weigh in on y'all's project. So it was just a pleasure to work on. So the scope of work for this project as we began was to develop and update the city subdivision regulations and consistent with the standards procedures and best management practices in Texas. So what were our priorities? We were looking to modernize your code. As John mentioned, it had been a while since it had been updated. And there have been many legislative sessions that have changed state law compliance around development process and subdivision procedure. And so that was another priority is to make sure that your code was compliant with updated state law. Also, we wanted to consolidate and strengthen the standards and make sure that those context specific standards were very clear and upfront when folks are going through your development process so that it is clear and predictable and efficient. The project wasn't to minimize the code requirements, the project was to make them very clear and predictable so that that development process runs smooth as people come to develop in Horseshoe Bay. So where are we at on the project schedule? We are right there at the end of that table. So we've come a long way with the help of your lovely staff. And we have gone through the diagnostic report tech memo, which is when we spoke with you last. along with some engagement and subdivision regulation submittals that were done in a module format. So we presented staff with multiple modules for them to review, digest, provide feedback on. And so where we're at today is the adoption draft. And so I'm going to briefly go over what's contained within those modules. I'm gonna speak kind of high level, but please feel free to stop me if you'll have any questions about anything in particular. We're happy to jump into the specifics if you'd like to. So first I wanna talk through the updated document organization. So your subdivision regulations live within chapter 10 of your city code. That has not changed with this subdivision regulation update. And so what we've done is reorganized the topics. to make them flow with the development process and keep the administrative and procedural sections on their own so those are clear and easy to find. And also we added enforcement there at the end so that it's really easy to find and navigate when those enforcement procedures may be needed. What we have also done is really clarified the drainage and environmental section and infrastructure and public improvements requirements and broken those out into two separate chapters along with your parkland and recreational facilities to really dedicate whole chapters to those very specific topics that are so instrumental in the review of development applications. So this is an image, and you'll see these images throughout our presentation. They're just snippets from the code to kind of help us navigate through that. So you'll see we've got a table of contents along with the appendices. We haven't changed the appendices as they are in your existing code, so that's gonna be your development guide that will be updated over time by city administration to align with your flow charts, your checklists, The application materials all of those will be found in the appendices of the subdivision ordinance and a reference throughout So the first module that we presented was the general and administration module and so that'll be article 10.01 and article 10.02 really our main focus and where we saw a lot of update was in state law alignment so just making sure that the language within the code aligns with those legislative updates that we've seen over time also specific to this general section we updated and consolidated definitions where necessary and provided clarity so you'll see on the right there's a an image of the lot dimensions graphic. And so what we did is just went through those definitions and made sure that all of the graphics made sense and were tied to the definitions that were within there. I know that sounds very exciting, but it is so important when you're going through the enforcement of the code or trying to navigate the code, having really clear definitions that um are consistent throughout your code is going to be very helpful moving forward and then we also established a clear order of precedence and what we mean by that is when this code we say conflicts but when the rules of this code are different than rules elsewhere in your code of ordinances or in state law or in your technical manuals which one supersedes the other and so we made that very clear in the beginning of the document so that when you come to those impasses you can have clear direction moving forward and then we also identified the technical standards that are adopted your transportation manual your drainage criteria manual and other relevant technical standards that will be applicable in the design and review of development projects So 10.02 is administration. Again, here we largely focused on state law alignment. The other... big change in this section was really taking a lot out. So the enforcement and appeals section, the construction plans and survey monuments, street sanitary and water improvements, screening and elevations and drainage and easements were all removed from the administration section. They weren't removed from the code completely, but they were restructured into the document where someone would logically be looking for them if they're navigating the code. So, and then module two was the fun one for me. I love procedures, and so this is where I really enjoyed playing in your code. So the first was your procedures section, which is article 10.03. and the subdivision development standards in 10.04 so what does that look like your procedure section is going to be where your platting process lives and your appeal process subdivision proportionality appeal development agreement processes all of that is going to live in one place so that it's very easy to find and navigate but what we've also included is something that we touched on at our last meeting with you is these process overview flow charts for the overall process but then also on your key key items like your waiver of right of 30-day action the final plat process your preliminary plat process those have flow charts that are associated with those so that it's very graphically appealing but also clear on where you start and when where you finish for the development process so that is just so important to make sure that everything runs smoothly and is legally sound. So what other major updates? So we've updated the approval authority within 10.03 to allow for approval of final plats, minor plats and amending plats and certain replats by the development services director. And then preliminary plats and final plats with any major deviations from a preliminary plat by PNC and council. So that is a shift in state law where that change in approval authority has been allowed by the state. to make the process more efficient. It doesn't waive any of the requirements of the code, but it makes that process more efficient for projects that don't involve infrastructure improvements, roadway extensions. If someone's just coming in to move a lot line or change the location of a lot line, maybe split their lot into two, some of those things may be able to be allowed to be reviewed by the development services director under this updated code. So it just makes it more efficient. Two, the appeals process has been clarified so that it's really clear when someone wants to appeal an administrative decision made by the director or another administrative official where that goes and what the timeframe looks like for those appeals. Same with the appeals process for any other action by the city. So those were updates there. Also the waiver of right to 30 day action. This is something that's referred to as the shot clock in state law. It is the timeframe for plat review and the state provides for an option to have a waiver of the 30 day action if the applicant chooses to do so. That's not something that the city initiates, that's something the applicant requests. And so this just clarifies what that request process looks like and what that means for the overall development review process. And then again, like I said, process flow charts. I'm a visual person, I love a good flow chart, and so we integrated that into your code as much as possible.

And can I interrupt you for a second?

Yes, sir, absolutely.

And yes, you did integrate this, and it's very understandable, and I like this because it is visual for us. In the sake of time, I would ask maybe if you just hit the high spots of what the major changes might be, if you can do that, and then we can get to the drainage issue as well.

That's the big one.

Yeah, it's very understandable. Love it. Did I do something wrong?

Yeah, not at all. So while they're talking too, one of the things I wanted to tell you all, John and I talked a little bit about this with the change in the plan approvals. If council so desires, we can report to you all at the next council meeting how many plats, et cetera, were approved in the previous month. If that's a concern, now that they're not coming to council based on the ordinance, now he would have some authority to approve those that haven't deviated from the preliminary plan, et cetera.

Okay. That seemed to make sense. If they're not deviating from what we approved in the preliminary plat, streamline it. Makes a ton of sense.

They'll love it. That's, and that's at y'all's discretion if y'all want that report on it.

Thanks, Rick.

Yeah, absolutely.

I hate to throw a curve ball in there, but.

Yeah, no worries.

This, good, thank you.

Just put a clarification. Okay, so just to breeze through the really high level stuff. Subdivision development standards, again, we reorganized that to make a little bit more sense on the development process. From an infrastructure and public improvement standpoint, again, most of that was reorganization and making sure that the construction plan submittal requirements, the construction plan review process was all very clear and aligned with your platting process so that it's very straightforward when those things are required. Also clarified the inspection requirements and all of the other aspects of the construction process. That was really important to add. And then the topic that everyone is always most interested in, especially in this region of Texas, is drainage and environmental protection. And this really is the biggest substantive change within your subdivision regulations. And so I will turn it over to George to just touch on the highlights of this section.

Thank you much. Good afternoon. So one of the most notable changes within this particular chapter is the LCRA Highlands Lakes Watershed Compliance. It was in the last two years that the city became delegated to enforce LCRA's Highland Lakes Watershed Ordinance. So that now has been incorporated fully into the ordinances itself. There are other sections in the ordinance about low water crossings and their prohibition without approval. That is a flood hazard safety approach so that we can keep our citizens safe as they travel through low water crossings that are prone to flooding. And my background is I've been serving as a drainage review engineer for several municipalities in the area, Lago Vista for several years, Bee Cave, Pflugerville. And one thing that's most important for people who are going through ordinances and your criteria is replicability and clarity. and that things are very easy to follow. And so we went through the ordinances and compared it to the criteria manual and made sure there was no conflicts between the two documents. We made sure that the ordinances were clear and easy to follow because we want people who apply for site development permits or PLATS or whatever have a clear roadmap so that they know what their expectations are when they submit for those particular documents. approvals so with that first bullet that we have there that was our mantra was replication clarity and so that it really is clear to the people what they're doing and what is expected of them when they submit for an application with that I'll turn it back to Laura

I'm back down to my height. Did you all have any specific questions on that chapter before we move forward to the park and rec?

Yes. Drainage is going to be a moving target.

Yes, sir.

Have we trial ballooned this against any developers?

Yeah, I'll speak a little bit to that. So the drainage criteria manual, we already enforce administratively in our development review process. George Fowler was instrumental in helping with that. We had Walter P. Moore do the original criteria manual and then Friesen Nichols has looked at it and make sure they already use it. We're just codifying it now where it's by ordinance.

Specifically, let's say a developer comes in and they want to do 100 and we determine that there are four or five lots that we can't do. What's that process?

They, uh, I'll speak a little bit and then George, you weigh in if you need to. So this is honestly, this is one of the biggest delays in most of the development. It is very difficult for them to sneak any funny math past George. We appreciate him for that. And so that is, It won't get to y'all unless they're applying for a variance. We catch that in the beginning, but that does occur. They have to. It's not our consultants role to tell them which lots they have to get rid of. That is really their design engineer. But he does point out to him something that won't work. And if they ask for his advice, obviously he can provide it. But there is a.

What would that challenge process be? Well, this this will these ordinance give us enough strength to say it's a pound salt. They'll give us more shit We like I said, we've already we've already had strength to enforce it. We've already enforced it through administrative.

This allows us what I wanted here Judge Madison if they violate, okay good The criteria manual correct my wrong is not part of what you're being in presented to today. The criteria manual is already in force, and that's what we use to review applications that way. This is more of just kind of codifying the language of the ordinances itself. So the actual criteria, floodplains, culverts, streets, all of those components are in the criteria manual, which are not up for discussion for today.

What if somebody figures a way around redirecting one of our watersheds?

They can't. That's watersheds are governed by the federal government.

OK, so they can't touch that.

They've got to do a Lomar. Can you repeat the question?

I'm sorry. I'm concerned about watersheds. We have seven watersheds in Horseshoe Bay and there's going to be developers that say, well, I can move the water this way. And the normal flow is like this, but they're going to move it around. What what do we have that protects us against that?

So there are a couple mechanisms within your flood damage prevention ordinance, but also within the criteria manual itself. The flood damage prevention ordinance is usually your stronger ordinance because It requires a flood study to demonstrate no adverse impact to neighbors and everything. And that gets into... That's what I wanted to hear. Bingo. That's the flood damage ordinance, which I believe is part of this package. It's in one of the particular chapters. I forget which one it is.

Because that's the one we're going to get hit with all the time.

So that one, again, it's already in your ordinance. It's already codified. And that is administrated by the city's floodplain administrator, floodplain administrator.

What's the fine or penalty for somebody that has found a way through or around?

They're not going to be able to go around. That's what I'm understanding.

We have the authority to stop work. If they violate the stop work order, we notify the police department or our code enforcement. It's a valid question. It's not something really that we're concerned they'll be able to do. If they try, we're going to stop them. We've had a very few instances. We have had some where people have redirected.

We had one not too long ago.

Yes, sir. I'm very familiar with it. He and that person you're referring to as well, we stopped them and we get LCA involved. We've got quite a few tools.

Is there any

ability to restore or to repair what damage could have been done uh yes so if they're working without a permit it falls on us through our fine our police powers if they're working with a permit that is why we require performance bonds etc we will call their bond if they don't restore it okay now one of the things that's going to point out that there has been homes already built that would not comply

What does that do as far as in our enforcement when we sit there and tell Builder A, you can't do this because this is our ordinance and then they say, well, what about this?

That is unfortunate. That is as, do you want to, that's illegal. Do you want to weigh in on it? Yeah.

You're entitled to change your regulations for flood, flood mitigation. The pre-existing ordinances can't be lied.

The guy would have no grounds in saying you've already permitted somebody else to do this.

Correct.

Okay, good. I like this. Okay.

Awesome.

And yeah, just to reiterate what George had said, what this article is doing, oh gosh. let me go back to the right one, is really codifying and clarifying the existing rules. So your existing drainage criteria manual hasn't been touched and your existing flood damage prevention chapter is still intact. What this does is make it very, very clear where those manuals and those regulations fit within the development process so that no one can say they didn't know that they had to comply.

It's a lot easier to read and find.

Somebody will challenge. I'm convinced we're going to have instances of this being challenged. I want to make sure that the enforcement part and we're covered. Dottie, you're saying that if we've changed it and I don't care what happened before, this is the new way to play.

That's correct. They have to comply with your after adopted regulations.

Good. That'll be very interesting.

$2,000 a day, we'll let them go for a while.

So was there anything else on drainage before I jumped to parks?

Okay. Thank you. Yes. Yes. One thing to add to, since we mentioned the criteria manual, our intent with talking with staff, that is administratively, we can use it. We do use it. We probably will bring that to you all to have official council adoption, catch criminal penalty to it as well. And civil. So this is an FYI.

We need to make sure we have the hammer.

And put it on the website so that there was a question on one of our prior cases that you heard, like where the staff was applying the regulations. And so this will have it all in one place.

What if it's not in a subdivision? What if it's a current?

I'm going to go from memory here, so don't quote me on it. I believe in this, I was scrolling through it, anything that's over a one or two family residential is required. Okay.

Over what? Over?

One or two. So a single home or a duplex, one or two family, anything above that. So a triplex or above. Above that. Yes, sir. Okay. Yeah.

Right. There's some thresholds within the letter of that code that speaks to where it's applicable and what's exempt. But there are some like life safety requirements or LCRA requirements that are beyond that. They're outside of that.

as well again i'm concerned because there's houses that would never comply to what we're now saying is the rule and it could be on the same street and somebody wants to build on the lot right next door we say you can't do that it's unfortunate so we see it as utilities mostly lead and copper as lead and copper rules have changed throughout the years you have we have to sample for it but

You always have. Anytime there's a code revision, it instantly makes a whole class of homes.

I just want to make sure that we can go to the mat on this thing. Dottie's giving it the... All right. Enough on that. I'm done.

State court remedies. Okay. property owner or applicant or builder, developer doesn't comply, there are the... Well, they take us to court and they could drag that on for months. Well, there are provisions where you can take them to court and under a Chapter 54 procedure, which gives you an expedited right to get before the judge and have the matter heard and corrected.

Okay. I just want everybody to be prepared for this. Can't wait.

You're coming to you yeah, you and Rick are gonna get all this Well, I'm gonna touch on the last couple chapters or that last couple articles but for that to spare y'all some time, I won't go too, too far in depth, but parklands and recreational facilities is another area where we did add some additional language to provide some flexible compliance options, but also make it very clear what park improvement requirements are associated with development projects. We tried to stay within the context of what your existing code requires, but strengthen the language where necessary to make it very clear in the development process what's required and when. we also clarified the minimum parkland dedication standards and alternate compliance allowances for fee in lieu which is at the city's discretion not at the developer's discretion and then alternate compliance allowances for certain construction of park facilities and things that are already in your code just making it a little bit clearer in the development process the only question i have on this is we we identify a parkland area and somebody owns property within that parkland area what are we going to do So you mean identify it on a planning document?

You found a certain amount of acreage that it makes the most sense that that be designated parkland. But we find out that somebody owns a plot, a plat within that. What are we going to do with that guy?

Yeah, I don't this this doesn't really address that. This is if somebody is coming in to subdivide. this would really be a mechanism where they would dedicate and they would tell us where, I mean, we'll work with them, but where they're going to build. So it'd really just be that one landowner.

Okay. Correct. And then the enforcement article really wasn't changed all that much, just updated some of the verbiage to make sure it was compliant. So with that, of course, oh gosh, going too fast. We'll take any questions or discussion that you may have. But the next steps would be the adoption of the subdivision regulations, which y'all may do this evening or at a later meeting, whichever you prefer. And then the next item on the horizon would be to kick off the zoning ordinance update and follow this subdivision regulation update with an update of the rest of your development code. So we're really looking forward to the opportunity to serve Horseshoe Bay on that as well. and making sure that this update talks to that update um so long overdue very excited yeah what is the uh timetable for the zoning update I will have to get back to you on that. I know that we are prepped to move right into that. Okay. But the completion date, I don't want to throw that out without having that in front of me.

John's been trying to set our expectations that it's around a year. That's a ballpark.

Right about there. And we'll provide all of that to you absolutely when we can.

Great. Did I misrepresent you, John?

Yes. I'm sorry. Go ahead. No, I was going to say about a year, but of course we're going to try to maybe 10, 11 months. Yeah, well, I think what we could. But realistically, closer to a year.

We could look at maybe some incremental drops potentially. I don't know if that's ever been done or possible, but something to consider.

Whatever we can do to get it so it's mapped out as quick as, sooner the better.

Great. Yep. Great. Anybody have any more questions that they would like to ask? Is there anybody from the citizenry that would like to ask any questions? In that respect then, I will entertain a motion. Sure.

You need to close public hearing. close it okay I'll close the public hearing at 426 all right and then real quick not to hold you up because I am excited to hopefully get this adopted realistically after we'll have to get it codified so it probably will go into effect I'm thinking November 1 timeline get it so we're actually following this thing by November 1 is there anybody

that's out there trying to beat your doors down now that this could have impact on?

Not to my knowledge with this, no. And we can try to get it. I mean, once it's codified, we can go live with it. Just realistically, it'd probably take 30, 45, 60 days. So September 1st or 15th.

I just don't want anybody to try to slide in between now and getting it.

So on page 18 is your ordinance. So if you're not going to adopt it today, You need to put the effective date. The ordinance shall take effect, it says on its passage and adoption, which would be today. But if you want it to be September 1st, you would say it, correct it in the effective date part on page.

So we can do that, Dottie? Yes.

So we can in the motion state the effective date as of September 1? Sean, is that a problem for you?

No, this is September. October 1.

I'm fine with retroactive too. Is your concern that they won't have notice of the code? You can always put this on the code as adopted and make sure they understand the effective date is October 1st.

And then we can refuse to talk to any developers between now and then.

Close for business.

I'm just asking you, I don't know.

I think you can make it effective as of when you all pass it here. Today? That's what I like.

Is that cause a problem for you, John? Is that a?

Put it on the website so that they know what the new rules are.

Effective as of today? September 15.

I will entertain a motion if anybody's got one.

I'm glad to do it. But first, John and team and Friesen-Nichols, thank you all so much. Yes. It's one of the most legible, readable, understandable government documents I've ever seen. Yeah. So 106 pages of it. You all did a great job. Thank you so much.

Keep it going.

Yes. So I move to approve ordinance number 2026-09-017, subdivision ordinance effective as of September 15.

I second. Motion by Mr. Fechner, second by Mr. Hosea. All in favor? Aye. All against? And the ayes have it. Congratulations.

I didn't think I'd ever see this.

I do want to say it has been a pleasure working with the City of Horseshoe Bay and a pleasure working with your staff. The success of this drafting is really a testament to your staff working through this whole process. It's not an easy process at all. That's great to hear.

For those in the crowd, it's 106 pages.

We're glad that you have the second half coming up too. Okay. Now we're going to move to public hearing regarding proposed 2026 ad valorem tax rate. I'm going to open the public hearing at 429. I believe this is Molly Jester.

Good afternoon, Mayor and City Council. For the Texas Tax Code Chapter 26.06 that requires cities to hold a public hearing on this tax rate, the initial tax rate, we proposed it in July and notified of the public hearing has been given both on the website and also in the publications. And so that citizens of Horseshoe Bay, I don't know if anyone's here, may express their opinions prior to the adoption of the tax rate. In July, the tax worksheets were not completed by the county and final valuations had not been received. The city proposed a rate of .26775 divided by $100 as a maximum rate that council would approve. The staff will be recommending this rate as that avoids any mandated votes or petition votes to change the tax rate. That same tax rate states that the public hearing can be no more than seven days prior to the adoption of this tax rate. Therefore, the adoption of the tax rate will follow the public hearing. If it does not immediately follow this public hearing, council may announce a time and place where the vote will occur to approve the tax rate. Citizens have the final opportunity to bring forward any questions, comments, or concerns about the tax rate before the item is discussed and voted on following the public hearing.

Do we have any questions from the citizens? Do we have any questions from the council members? No motion is needed. I am going to close the public hearing at 431. And we will now move into the business section. The first one we have is discussion of Ordinance 2026-09-018, which is adopting a budget for fiscal year 2026-27, Miley Jester.

Yes, the proposed budget was filed with the city secretary on August 10th after a July workshop where input from the council was given on the spending request made by staff. A second workshop was held on August 25th to finalize any spending request or formatting changes. notifications for a public hearing were prepared and the public hearing on the budget was held august 25th at the regular council meeting the attached budget is ready for adoption this adoption will require a roll call vote okay do we have any questions for molly on this

We've beat this to death. Yeah, we have beat it to death. Any questions from anyone in the citizens? OK. I will then go ahead and close the public hearing at 4.33 and I will entertain a motion.

I move to approve ordinance 2026-09-018. which will adopt the budget beginning 10-1-2026 and ending 9-30-2027 as presented by staff and amended at this meeting, including the designation of unassigned reserves for the various purposes reflected in the budget.

Motion by Mr. Morgan. Do I have a second? Second. Second by Mr. Fetchner. I have a motion and a second. Any further discussion? Will the city secretary please begin the roll call vote?

Thank you. Mayor Pro Tem Larry Morgan.

Four.

Council Member Ruben Fechner.

Four.

Council Member Frank Hosea.

Absolutely.

Council Member Elaine Waddell. Four. Council Member Buck Weatherby. Four.

The motion to approve ordinance 2026-09-018 to adopt the fiscal year 2026-27 budget passes with a five to zero vote. Congratulations. Thanks, Molly.

Molly, don't go anywhere.

We now move to item of business. which is 2026-09-019, levying ad valorem tax for the use and support of the municipal government of City of Horseshoe Bay.

Chapter 26 of the Texas Tax Code requires cities in Texas to adopt a tax rate using specific verbiage after going through notification to citizens in a tax rate public hearing. Additionally, the public hearing require notification in publications as well as on the city website, which also contains specific verbiage. This ordinance reflects a tax rate of 0.26775 per $100. This tax rate is greater than the no new revenue tax rate. This means that Horseshoe Bay is proposing to increase property taxes for the 2026 tax year, which is the 2027 fiscal year. The tax rate is not greater than the voter approval rate and not greater than the de minimis rate. As a result, the city of Horseshoe Bay is not required to hold an election at which voters may accept or reject the proposed tax rate. However, residents may express their support for and opposition to the proposed tax rate by contacting members of the council, members of the city of horseshoe bay at their offices or by attending the public hearing the maintenance and operations port portion of the rate will be 0.196337 per 100 valuation and the interest and sinking portion will be 0.071413 per 100 evaluation both rates are are to be approved but the legislation does not exclude them from being approved together The vote on the tax rate must be a record vote and because the rate exceeds the no new revenue rate must have 60% approval. The proposed motion must be read exactly as provided based on tax code 26.

Thank you, Molly. I will take any questions from the citizens that you might have. Any questions from the council that you might have? I will then entertain a motion for this.

All right. I move to approve ordinance number 2026-9-20. Further I move that the property tax rate be adapted at a tax rate of 0.26775 per 100, comprised of an M&O rate of 0.9634 per 100 and an IS rate of 0.07141 per 100. which is effectively a 3.87% increase in the adopted tax rate from the no new revenue rate.

Before I take a second, can I verify that the M&O rate you stated was .19634?

That's what I said, I thought.

Okay. I'll have a second. Second. Second by Mr. Morgan. And the motion was made by Mr. Hosia. And I will now entertain any other questions that we have. If there are none, all in favor?

No.

It's a record vote. A roll call. That's right. We have to do a roll call vote.

Sorry. Mayor Pro Tem Larry Morgan.

4.

Councilmember Ruben Fechner.

4.

Councilmember Frank Hosia.

4.

Councilmember Elaine Waddell. Council Member Buck-Weatherby.

Okay, the motion to approve ordinance 2026-09-019 to adopt the tax rate for the City of Horseshoe Bay for fiscal year 2027 passes by a vote of five to zero. We will now move to item C, which is discussion and possible action on resolution 2026-09-000408, which is ratification of the prosperity tax increase reflected in the budget. Molly.

yes local government code 102.007c requires cities to hold a special vote if a budget is adopted that will raise more total property tax dollars than the prior year budget while the tax rate may be lower than the previous year it is possible to collect more property tax dollars based on the increase in property valuations in the area Staff recommends that the City Council approve the resolution to ratify the property tax increase reflected in the budget. No specific verbiage is required for this section.

Questions from the citizens? Questions from the council? I'll entertain a motion.

I move to approve resolution 2026-09-000408 to ratify the property tax increase reflected in the adopted annual budget for fiscal year 2026-2027.

Motion by Mr. Weatherby. Do I have a second?

Second.

Second by Mr. Fetchner. I have a motion and a second. Is there any further discussion? I'll ask the city secretary to take a roll call.

Mayor Pro Tem Larry Morgan.

4.

Council Member Reuben Fetchner.

4.

Council Member Frank Hozia. 4. Council Member Elaine Waddell. 4. Council Member Buck Weatherby. 4. Thank you.

The ayes are 5 and the nays are 0. The resolution passes. Thank you for all your hard work.

Yes.

Okay, we're going to move to item D, which is Mr. Jeff Koska. Resolution 2026-09-000402, conveyance of certain real property.

Yes, thank you, Mayor. Thank you, Council. This has been a long story coming. This property had been looked at by the Jaffe family as a possible place to hold events. Then it was found out that it was very expensive to do that. So this property was sold to a family, the Rayleys, Paul and Jennifer, back in 27, let's see, it was 2020. Prior to that, it was donated to the city in 2017 when the resort realized it was going to be so expensive to keep up with. When we sold it to the Raley's, it was a requirement to try to renovate the home there and then make it available for the public to be able to have some time to come in and be able to look at the existing property that was already over 150 years old as part of our past it was to be included as a public park unfortunately on february 25th 2024 the house burnt down and so after that in 2025 we asked the railies to convey back a portion of that property a 1.51 acre portion and where the house stood, and we demolished, we had them demolish most of the area down that was dangerous, and we left a corner as a cornerstone of that historical property, and then we worked with the city's Horseshoe Bay POA who owns the park, which is Fox Hollow Park, right down the hill from that, and they asked if we would convey it to them to utilize as part of the park, and to hold the historical ground to put in some markers and other things that would recognize our past. So the city manager had worked with the city attorney to prepare a resolution and warranty deed to provide the council with the option to donate the 1.15 acres to the POA for the purpose of expanding the Fox Hollow Park. 1.16 acres of the property remain with the Raley's so they can complete their house and live there. If they do not, if they sell the property, the city gets $10,000 of the proceeds to come back to the city if they sell the lot or the house at some point in the future. So the staff's recommendation is to approve the resolution as provided by staff and authorize the mayor to sign the warranty deed transferring the property subject to the required covenants.

Does anybody have any questions for Mr. Koska?

I'm glad we're getting this off.

Boy, this has been a long one, Frank. Okay, any other questions? That wasn't a question, but I'll let you say it.

Yeah.

Okay, I'll entertain a motion then.

by my staff to donate the city's 1.5 1 acre track to I'm the warranty the transferring the property subject to the requirements motion made by ms. Waddell do I have a second second by mr. Weatherby any questions

All in favor? Aye. All against? And it passes.

Thank you. This has been received by the POA. There have been signed a contract, so we're ready to go on it.

Close this chapter, Mr. Koska. All right. We move now to E, which is awarding RFP 711-2026. uh, annual electrical contractor contract to Doyle electric and Cody you you're up.

Yes, sir. Mayor and city council, the city of Horseshoe Bay requires reliable and responsible electrical services to support the continued operation, maintenance, repair, and improvement of city owned facilities, infrastructure, equipment, and related electrical systems. To establish a qualified contractor relationship for these services, the city issued a request for proposal RFP number 7112026, electrical services. The salutation was issued in accordance with the city's applicable procurement requirements and sought proposals from qualified electrical contractors capable of providing electrical services on an as needed basis. The RFP was closed on August 7th, 2026, and the city received one proposal in response to the solicitation from Doyle Electric. Work will be performed on an as needed basis and authorized by the city through applicable purchase orders, work orders, or other approved procurement mechanisms. The proposed service agreement will be reviewed by the city attorney as to form prior to execution. Staff recommends that the city council approve the award of RFP number 711-2026, electrical services to Doyle Electric, and authorize the city manager to execute a one-year service agreement subject to the terms of the agreement, applicable procurement requirements, and availability of departmental funds.

We did review and approve the contract, and they sent it earlier today.

Okay, so city attorney has seen the contract and has approved the contract. Any other questions for?

We only had one bid, and that was Doyle. Who did we award this to last year? Last year, I don't believe we ever had. This is the first time.

Okay.

Is this by the hour or the job?

Hour. Okay. So one of the things, just real quick, we're making a push to consolidate all of our services. We have several departments that use like services, and they have different things. The push this year is to try to consolidate all those as much as possible.

So it should get us an efficiency gain, I would guess. I know we don't know how much work is in our future, but any thought of how much more efficiency we're going to gain out of it? bringing it all into one contractor versus ad hoc incrementally trying to find somebody to.

It'd be hard to estimate that ahead of time, but we can report back to you once we have some data maybe.

That'd be great. Yeah, I appreciate you all doing that.

Yeah. Absolutely.

Ray, did you have something else?

Yeah, well, just to add to that, Doyle, their response time, They're here most of the day because we have a lion's share of the electrical work. So we have been in the past working with them and their response time is pretty great. So when we need them, they are here in emergencies, et cetera. So it'll be that much more reliable in services for the entire city.

Sounds great. Any other questions? I'll entertain a motion.

I moved to approve the award of the RFP 7 1 1 2 0 2 6 electrical services to Doyle electrical LLC and authorize the city manager to execute a one use service agreement for electrical service as a PR as approved to from form by the city attorney and the option to renew every year after the first year upon review of Doyle electrics, favorable performance of service to the city. Furthermore, all expenditures will be charged to the appropriate department's budgets based on services requested and performed, subject to available appropriations and ethical city procurement policies.

Motion is made by Mr. Hosia. Do I have a second? Second. Second by Mayor Pro Tem Morgan. Any questions? All in favor? Aye. All against? And it passes. Boyle. Okay, we're going to come down to F now. And it's Ordinance 2026-09-020, declaring unopposed candidates in the November 3, 2026 general election. And that is Susie to present this good news to us.

Yes, I'm very excited to announced by getting to cancel this election, it will save the city $10,000 approximately in election costs.

Yay. Yay. And can you... Larry, nobody gets any of that, right?

Buck doesn't get it.

Can you tell us who the three candidates are?

I'd be happy to. It is Mayor Pro Tem Larry Morgan and Buck Weatherby and Kay Kolopret.

And Kay is in the audience right now. Hello, future council member Colapret. Good to see you. Good to see you. Well, that's extremely good news for us. Any questions of Susie Quinn? You want to recount? Anybody?

No.

Okay.

I will entertain a motion. I move to approve ordinance 2026-09-020 as presented by staff.

Mr. Fetchner gives us a motion. Second. Second by Mr. Weatherby. Any questions? All in favor? Aye. All against? And it passes. Wonderful news. Wonderful news.

That's a career first for Susie, by the way. She's never got to formally cancel.

What's that?

That's a career first for Susie. She's never got to formally cancel.

Welcome to Horseshoe Bay. That's how we roll. Okay, we're going to go to Tim Feran in G, which is possible awarding an upgrade contract to the successful bidder for Phase 7 Road Construction Project. Tim.

Good afternoon, Mayor and Council. Invitations were sent out to qualified contractors to bid and submit proposals for the street improvement project. They were advertised and mailed out by Willis Engineering. A non-mandatory pre-bid meeting was held August 11th, 2026. All sealed bids were opened August 18th, 2026 here at the city center. Three bids were accepted at the bid opening. The scope of the work of the project, excuse me, includes providing all labor, material, equipment, and services needed for the completion of the construction project known as, I'm sorry, as per the drawings and specifications in accordance with the contract documents. Packed saddle construction with a base bid of 1,366,584.30, air and concrete, at 1 3 7 1 5 0 8 2 5 was their true bid. But this amount amount was written as in the word form of 1 4 0 6 9 2 6.33 would match their first bid. They just had a clerical error. So the words and the, uh, figure were different. So in the contract documents, it says the written word will be their price. As you can see in your packet, they sent a affidavit immediately stating that they had made a clerical order, but that's neither here nor there. And the final was gauging Cade at 1 5 8 7 5 1 8 15. The review committee evaluated all three bid packages and based on the matrix provided, it was the committee's recommendation to award the contract to the low bidder pack saddle construction.

Okay. Any questions for Mr. Ferran?

Mayor, this is our first dealings with Paxil, correct?

Yes, sir. So the clerical error then, it wouldn't have made a difference anyway because they were a little bit higher? $4,900. Okay. Okay.

other questions mayor i have one so uh you'll notice the the proposed motion changed a little bit uh and talking with dottie she will provide a contract for this uh but she still has to review it so there is a modified motion that reflects oh yes yes okay who's got that motion you

I move to authorize the city manager to enter into a contract pending review and approval of the final form by the city attorney with Pack Saddle Construction in the amount of $1,366,584.30 for all labor, material, equipment, and services needed to complete the project for drawings and specifications of the engineer.

Thank you. Ms. Waddell makes the motion. Do I have a second? Second. Second by Mr. Morgan. And any other questions? All in favor? Aye. All against? And it carries. Packed saddle. Subject to the conditions. All right. We're going to move now to item H. And we had some late data that was given to us And I'm going to suggest that we, uh, postpone this it's for the, uh, article a eight point zero zero utility fees and eight. Uh, and a nine miscellaneous fees, uh, ordinance number 20, 26 dash oh nine dash oh two one that amended appendix a and a council we have. some additional information that just came in on this. I suggest that we give everyone on this dais an adequate opportunity to see the additional information and digest it before we make a final vote on this. And so we are going to postpone this until October 13th city council meeting. All right. So now we will Go into the consent agenda, item 10, and I'm sure you've had an opportunity to read the consent agenda contents. And is there anyone who would like any of the provisions pulled off of there and discussed individually? And if not, I will entertain any questions, or if not that, I will entertain a motion.

I move to approve all of the consent agenda items A through L as presented.

Mr. Weatherby gives us our motion. Do I have a second? Second. Second by Mr. Fetchner. All in favor? Aye. All against? And the consent agenda passes. We now have some monthly reports, and we do want to talk about several of them. Uh, developmental services, uh, Jeff Costco, are you gonna talk about some, the closing of the, uh, old city hall for yes.

Are Rick, are you gonna do that?

Okay.

Yeah. So, uh, John didn't stab me. So I think that means we're good. Uh, they are drawing the contractor that's performing the renovations on the old city hall. If you remember that project, we're renovating where, uh, utility billing used to sit and then all the admin offices in that section. Development Services is actually going to move from their current area over to there. That will be their new base of operations, and then we'll finish out the renovation there. Staff is going, we've discussed with the city manager, he's authorized us to close for in-person business for the Development Services offices on Friday. However, they'll still be conducting business, answering phone calls, et cetera, but that day will allow them to move all of their equipment, supplies, et cetera, and then start the new base of operations on that side.

Gosh, great.

Any questions, comments? Questions?

The old council chamber, what's that now?

It'll still be a meeting room. In a scheduling conflict, we still can, y'all could, have public meetings, et cetera, there, and then it'll be the only conference room remaining. We'll convert the other conference room that was in there, the smaller one, will be a staff office and a mechanical room.

It'll continue to be the voting precinct?

Yes, very importantly.

Great. Thank you, Rick. Any other questions? Tim, can you tell us about your pet project? You know what I'm talking about.

Happy to say that the road was reopened the day after the last council meeting. We worked for probably another five days getting the columns up, getting the wire or the cable back through it. So that project is done. Great job on that.

Under $600,000.

Yes, sir. It was just slightly over the proposed amount because originally we were going to add this as a change order to the road contract. We decided at one point not to. So there was a bid payment and performance bond that was added, so that is the only additional to the cost that I believe, and I don't have it in front of me. I think it was $559.

Somewhere around $5,000, less than 1%.

Yes. Okay.

Thanks for the hard work on that. That was a long project. You're more than welcome. Yes.

Thank you all.

Uh, and I want, um, Ray or Cody to talk about our water issues and what's happening with it.

Mayor council, um, last council meeting city manager addressed a little bit of the water situation we were having here, uh, some complaints that we received water quality. And we have an update to that that I'm going to let our operations boss here, Cody Martin, and plant supervisor Joel Green discuss with you guys.

Great.

Mayor Council, good to see you again. Clarification I really want to start off with for council and for residents is the water is safe to drink. Everything is good with the water. It's discoloration, a number of factors, the main one being the temperature of the water. Currently, I believe Joel told me this morning, about 91, 92 degrees coming out. So everyone understand? What should it be? Typically what?

Typically between 78 and 81 degrees. Yeah. Depends on the summer.

Yeah.

Lake water. Yeah. Okay. So that being said, we have been fielding some water quality calls for the discoloration of the water since late July. I will preference and make sure you all understand that we take every single call individually go out on site, uh, make sure that we put eyes on it flush, uh, in the areas that we were getting called out to. We take care of all that and we make contact with, uh, all the residents who reach out to us. Um, what we've been doing since these been calls have been coming in, we took a, we've got ahead of this a little bit, uh, last, uh, the end of August, we got approved by TCEQ, uh, to go ahead and do a, uh, chlorine conversion, um, which we will be starting on September 28th. It's gonna be about a month long process. It'll end at the end of October. We've also upped our flushing for the time being and also the legal statures that we can hit as far as the treatment stuff goes to try to help with the discoloration. So those are the steps we've been taking. We'll continue to monitor all the water quality calls that come in, take them individually, make sure we're doing everything we can to help that. But we do believe once we get to the chlorine conversion, that will help mitigate this. And then also we do have some cooler weather coming and we hope when the temperature of the lake drops will also help mitigate it as well.

Have we had this exact problem in the past, Jeff? Yes. Exact thing.

Okay. This is common after a flood.

Okay.

So, yeah, when we have floods, especially if the water doesn't get flushed out, It stains just like a tea stain. And so the color is really hard to get out. We can oxidize it and do everything we can, but sometimes you just can't get that color out unless you reverse osmosis. And even reverse osmosis has got a little bit of issue with that. Very expensive too. So they are doing what they can to treat it. You know, they have a lot of, in the dirt that comes in with the floods, it can be as high as 1,000 NTUs, which is a measure of what the number of particles that are in the water. 1,000 is a lot. Normally, it's under 10 in our lake, and so you can kind of see through the water. Well, you know, once the floods came through and the waters came through, the stained water from all the organics out there, it stained it like tea. And it takes a while for that to burn out. A lot of UV from the sun will eventually take it out and eventually they'll release more water downstream and we'll get water from the bottom of the lake. So yeah, it will clear out after a while. I know that we're not the only one that has this issue. And the heat, there's nothing we could do about the heat. It happens every year when it heats up and then the lake turns over. And so combination of all those things kind of ends up being...

Well, I know that y'all get a lot of calls and I appreciate it. And every every call is important. And let's make sure that we continue to reach out to those who are concerned. They may or may not, you know, read the paper. They may or may not have Internet. And so just keep keep treating everyone like the first one as well. And Joel, I think you had something for us, right?

I was just going to, Jeff covered it for me. Okay. In 2019 and 2021, we had similar occurrences. Okay. Incidentally, there is a silver lining. Anytime it gets over 90 degrees in the lake, it will kill off all of the surviving zebra mussel population.

Oh.

So by now, that population is completely gone. How about the algae? But it's gone. How about the algae?

That was the other thing I was going to say. Not necessarily algae, but the milfoil that was such a problem a few years back because the water is so not transmitting the light. That doesn't have a chance to grow, so it's good.

Good. Okay. All right. That's great. Any other questions?

I've gotten a couple of phone calls about chlorine smell in the water. Are you all getting any of that?

Um, I have not had that. No, Mr. Councilman. Um, I haven't had any calls for chlorine specifically. Um, right now, due to the issues that we are having, we have our, um, chlorine injection system maxed out to make sure that we can mitigate this as much as possible. So if you're getting any calls, that's, that's the reason for it. We're doing, um, an incredible amount of flushing right now to make sure that chlorine gets out to the edge of the system. and we can alleviate this one problem, but you fix one problem, you create another, it seems.

I would say, too, if they're close to the plant, that's where the residues are strongest, and so they will smell it if they're closer. Generally, we run around three, or three leaving the plant.

Usually about a 3.1. Right now, we're at about a 3.8.

Yeah, and four is the max. So we're pushing the limit to make sure that there's no... organics or anything in there that could hurt anything so we're flushing through that now there will be a little bit of a change when they go to free chlorine there'll be a little smell as that transition goes through it and then the same when they come back but it's only like a day that that comes about so people will be noticing we'll send notices out for that and mayor council itself out when the other stuff works itself out right yes sir um also mayor and council we will give you the water quality number as well

That way, if you get any other calls or issues, you can send them right over to us.

Yeah, that's great. You know, it's the, the communication is, is the important part. Yeah. I appreciate that. And going out and taking a look.

Yeah. The diligence y'all are doing is great. I just, I don't know if there's a broader communication mechanism that could, could help minimize that. I, I, I don't know if it's like the city messaging or some other, Hey, we had a flood, you know, water's okay. Don't be surprised if it looks different.

Yeah, we're going to set a standard, I think, to where if we start getting multiple calls that we'll take action.

Yeah, it'll help everybody, I think. And it's also a further recognition that, yes, we do know this is here and we want you to be aware of it as well.

We'll try to do everything we can when we see, like when the lakes turn over, We have some potassium peranganate, which is something that helps with odor control, but sometimes you don't know that until you start smelling it. And sometimes it's not at the plant, it's in the line. So we will certainly try to work on a better program.

With regard to the communication aspect also, I would request Cindy Sharp to make sure that this gets put in the city corner that we've discussed this, please. It was put in last week. Well, I know it was a great article, but I'd like it in the city corner with regard to what the council has done. I want to go on record, in other words.

Yes, sir. We will make sure it's done.

Good. Thank you very much. Any other questions? All right. I'm sorry. I thought you were waving at me.

I didn't know you had a... I thought you were mad at me.

I thought you were raising your hand. Okay. I'm sorry, Ray. Okay. We are now at the point where the council is going to go into executive session. And let me read what it's on. Government Code Section 551.074, Personnel Matters, Annual Evaluation of the City Manager. of Government Code Section 551.074, Personnel Matters, Police Chief Applicants, and Government Code Section 551.074, Personnel Matters, Public Official Involvement. You're welcome to stay here and enjoy the ambiance or you are dismissed. We're going to go into our executive session room over here. And the time is 5.09 as we go into executive session. Do we have a motion?

The motion is we've identified three candidates. We've also identified a committee to interview these remaining candidates. And that committee is comprised of Jeff, Rick, Rachel, Reuben, and myself, and Jeff Jones, Mayor.

And what candidates are we talking about?

We're not naming the campus. Police chief.

I know. It's police chief.

Oh, I'm sorry.

Yeah.

The police chief's campus. This is item 12B for the record. What? This is item 12B in executive session for the record.

Yes. Item 12B. Yes. So we have a motion for this event by Mr. Hosier. Do we have a second?

Second.

Second by Mr. Weatherby. Discussion? All in favor? Aye. Aye. All against? Let's go to work.

For clarification, too, you want us to bring any finalists, et cetera, back to council in October, to the October council meeting?

The goal is to try to get these interviews as quickly as possible.

Yes, sir.

He was asking about the finalists.

For the finalists, the intent is to bring back?

Yes, the intent is to bring back the finalist for interview with the entire council.

Okay.

We'll check with Molly and make sure everything's copacetic with doing that, but I think it is so.

With Molly, OK.

I mean, I'm sorry.

Dottie. Dottie.

We knew what you meant.

Molly Dottie.

OK.

Yes.

OK. Yeah, you all should fire me now. I'd make another motion. Yes.

OK. If there are no objections, this meeting is adjourned. All right.