City Council - Regular Meeting

what about that echo i'm not going to stay doing that but yeah all right we'll call this uh regular city council meeting of the city of woodbridge ordered june 10th 2026 at 6 00 p.m uh we will stand if you are willing and able for a moment of silence All right, we'll move on to the pledges. We'll start with the U.S. pledge. 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. 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, All right, we'll do our roll call. Councilmember Christora Chisholm. Here. Councilmember Chris Grahmarts.

Here.

Councilmember Lenea Bailey.

Here.

Councilmember Linda Swinburne. Here. Mayor Colton Jeffress.

Here. All right, the first proclamation we have today, or the only one, is a proclamation to name April Fair Housing Walk in the City of Wood Creek. I do realize it is June. This was given to us by our GLOW grant committee, essentially, and it is related to that grant. It is something that you must do for that general land office grant. We'll move into our public comment period again. Yes, we're moving into the public comment period. Again, there's the instructions for the public comments. We do have a handful to be made in person at the start, and we do have some to be read. Mr. Tormo, you are up first.

I cede my time to Mrs. Tormo.

All right.

Thank you.

Bear with me, I had my eyes dilated today.

I think about the boot. I think we should not put a large boot in Triangle Park. Water conservation is a worthy cause, but a park is a place to enjoy the wonders of nature and relax and not a place to promote a cause no matter how worthy. There are many people who object to this boot for a multitude of reasons, but there's something else that bothers me even more than putting oversized objects in a tiny part to promote a cause. Unless we come to this meeting and speak directly before the council, the only alternative to be heard about such issues is to compose and type a statement label it properly and deliver it to the proper place at the proper time then mayor hines will read it aloud at this meeting i believe the person must feel strongly about an issue to go to all this trouble to compose i label and deliver statement to the proper place at the proper time following all the rules so that the statement is not discarded. All this so that their voice can be heard. It's time consuming and it's a normal effort. Last month, the controversial issue was whether we wanted a lighted sign at the entrance of Wood Creek. More than 20 people sent in their statements to be read. I was here and I was appalled to hear the disrespectful way those statements were read. It was a rapid-fire stream of words read in such a monotone that the statements were nearly unintelligible. Our mayor often recommends people who attend council meetings. She speaks in a loud and boisterous and commanding voice about proper decorum. but she herself often cuts off and shuts down members of the council who don't speak quickly enough to suit her, and especially those who are opposed to her ideas about how to stand by me. In what appears to me to be another effort to quash dissent, we now have new rules that it seems are designed to censor or delay input of others. Example, if a member of council wishes to place a topic on the agenda for discussion, the mayor and only the mayor decides when and if it will ever be discussed. I could go on and on with other examples, but I have limited time to speak, so. The point is, this is not leadership. This is control. It does not look like and it does not feel like democracy to me. I understand that it must be difficult for the mayor to have to read all of these statements that are opposed to her opinions and her actions. However, it's her job to present the voices of the people and to do it in a decent manner. She should respect the effort made by every one of those people who took the time to compose, type, label, and properly deliver those comments to be read to the council and other citizens. People often sit for hours to listen to Mayor Hines speak at council meetings. We deserve for her to read our opinions in a respectful manner so that all can hear and understand the words that are so dutifully written.

All right, we have Mr. Brent Pulley next. If you'll give me a second to start the clock, sir, I don't want to...

okay uh you put your glasses up here ah there you go okay okay great yes my name is fred boy uh thanks for hearing me today first of all i want to express my my thanks to you you know i think you guys are doing a good job and i know that you disagree with each other sometime and i disagree with you sometime but i think the community at large is happy with what you're doing and the direction this this community is going And I've never felt disrespected here. I've always had people listen to me and respect my opinion, even though I may lose the vote, but that's just the way it goes. Understand that there are always going to be a handful of people that are always angry. You know, they're always against everything, all the time. You know, I call them the STPs, the same template, or the angry. And you've got to understand you're never necessarily going to win them over. recognize that most people in this community love living here and they love this community. They're happy with what you're doing. They're volunteering on committees. They're showing up at events to enjoy the concerts and yoga, stuff like that. That's the vast majority of people in this community. And they support you. You like what you're doing. And they're the ones that are lucky to this position. So when you vote for anything, I want you to remember the happy ones. The vast majority of the ones that out there that aren't angry all the time, you know, they're the ones that collected. Yeah, they're the ones that support you. And be sure and think about them when you vote, not just the angry vote, not just the mob on social media. Which brings me, of course, to the boot. I think the agenda item today is to kill it. don't think that's right you know i think that this is a worthy project uh i think the community supports it when i i put it up on uh social media on wood creek united i got almost 50 likes zero thumbs down now other posts got you know the realistic uh you know likes as well but overwhelmingly um the main thing is is that you still have a process your last uh agenda item basically said you're going to engage in a process and i think you should continue to engage in that process and not vote tonight to kill it but if there's got to be changes made let's make changes to it i think that's the right thing to do and here's why because um no taxpayer money It's been involved in this. It's been a lot of talk about it's costing $10,000. In fact, most of it, if not all of it, is coming from community donations, which makes it even more supportive. There's only 50 of these in the balance. This is not something new. This is something that's well accepted. It's also educational. And I think it advances the cause of educating people about our occupant. So I think it's a good thing. Sit by your guns. Let's stick with this process. Let's don't kill it tonight. Let's keep going. Thank you. Thank you.

All right. We have Ms. Kathy Maldonado.

Hi, I'm Catherine Maldonado, live at 6th Street, Billy Burke Hollow. I'm here tonight to speak on agenda item number 19 and the process used by the mayor and council in 2013 to suppress a council discussion prior to the voting public vote. By her actions in rushing this item through, you deny the council member right to speak as well as to make a motion for further community input. She has violated his rights as a council member. Cutting short, other member discussion times seems to be the usual course of business for this administration. The same can be said of the process of stacking an agenda with 15 to 20 items and placing issues at the end in hopes of slipping them by the pump, while concerned citizens are concentrating on other, more volatile items that have been carried over from previous meetings. Once the action on the food became public knowledge, citizens began to voice their opposition for the food for the following reasons. The idea of a food in general, displeasure with the design, although many of these felt it was appropriate as originally intended as a poster. Restrict passage by the council and questionable appropriateness of donations from the non-profit entity. A number of citizens who agree with one or more of the above-mentioned disfavorable reasons have participated in a petition around the city. The summary statement on that petition was, citizens are asked to voice their opinion of the council action by signing either for or against the action. The results were two in favor of council actions, 168 against council actions, and these signatures represent citizens living on 22 different streets in the city. If I have the petitions there, I will give them to the secretary. That is my statement. I unfortunately cannot stay due to grant.

I do have a statement of fact about the petition. The individuals collecting their signatures represented themselves as neighbor to neighbor representing the city. So it is one person. It definitely happened once. Excuse me. This is not a discussion. All right. So we are moving into the written public comments. DEAR COUNCILMEMBERS, PLEASE ACCEPT THIS LETTER AS OUR PUBLIC COMMENT TO BE WRITTEN TO THE RECORD OF THE JUNE 10TH MEETING REGARDING AGENDA ITEM 19. ITEM 19 IS TO DISCUSS ACTIONS TAKEN AND ITEMS PASSED AT THE MAY 13TH MEETING REGARDING A BOOTIFUL BOOT PURCHASE AND INSTALLATION IN TRIANGLE FARM. THERE ARE MULTIPLE ACCEPTIONS TO THE MAY 13TH COUNCIL ACTION. WHAT IS MOST IMPORTANT HERE IS THAT THERE IS AN OPPORTUNITY AT THE JUNE 10TH MEETING TO CORRECT AND REVERSE THAT PREVIOUS ACTION. we encourage your reconsideration of the wisdom of the boot acquisition for wood creek we urge item 19 discussion in favor of taking action to rescind the maze action we're going to rescind what signals that our city is willing to listen and hear the voices of the citizens of good for bringing the community together rather than filling your word yet more discontent. There has been commendable public input and interest shown in the matter of the boot for Wood Creek. It would certainly warrant the full community involvement in the form of a town hall meeting. Also, council might encourage citizens by allowing an existing board, commission, or committee to receive a charge from council to initiate receipt of citizen input. These are existing processes and procedures that can be utilized for how businesses can do better. We vote for a redo of the boot idea and how it walked into our lives. Thank you for your consideration. Gloria Whitehead. I requested this.

Could you slow down?

I know because otherwise these items might go over 3 minutes and we also have a whole stack of them.

No, they have to be. Now, your 3 minutes, your items, I have to be able to understand it. So, no, I'm going to request that you slow down.

Okay, I'm going to move on. I request that this document be read as a public comment at the City Council meeting on June 10, 2026. I'm a resident of Wood Creek. I do not take position for or against placing a boot statue in one of the city's parks. However, I strongly object to the process following an approval request. You are not part of this meeting right now. I'm going to read these meetings that you cannot keep interjecting with the body.

I cannot.

The refining officer is in charge of meeting them. There's a state statute that says you cannot disrupt a public meeting.

Oh my goodness. Point of order is not disruptive. I can't understand what you're saying.

I'm going to start over because I've lost my position. I'm a resident of Wood Creek. I do not take a position for or against placing a group statue in one of the city's parks. However, I strongly object to the process followed in approving the proposed boot statue project and hiring an artist to create a three-dimensional statue based upon another artist's existing painting. My concern is that apparently at no time during the approval process did the mayor, city council members, city staff, or TESPA representatives contact the original artist, Amanda Rabi, whose art is the sole basis for the proposed boot statue design. Such a failure raises serious ethical and legal concerns about disregard of the original artist's intellectual properties. I have personally contacted Amanda Rabi, She informed that she retained ownership of the copyrighted original book painting and granted TESPA a limited right to use copies of her book painting for TESPA's own internal fundraising purposes. Ms. Robbie further stated that she had no knowledge of the proposed statue project until she was contacted by a city council member late last week. According to Ms. Robbie, she is not being consulted by anybody regarding the creation of a boot statue. Based on your artwork nor does she authorize another artist to reproduce or a doctor design for that purpose. She expressed her belief that tested and not possess the authority to approve such a use of our artwork without her consent. And then rabbi's identity as a creator of the artwork was plainly indicated on all the images used by the city for approving the design of the boot statue. contacting her would have been straightforward nevertheless no effort appears to have been made by city officials to obtain her input or determine the scope of her ownership rights before the project was approved if the city proceeds with the group project without obtaining the consent of the true copyright owner it exposes itself to claims that the boot statute constitutes an unauthorized derivative work under federal copyright law i believe this issue requires a careful and complete resolution of the copyright ownership and obtaining the owner's consent before any further action is taken to move forward with the project as a matter of full disclosure i'm a retired attorney and spent a substantial part of my professional career working with intellectual property matters including copyrights terry a roach test bus is handling any concerns with the artist They are in communication. That is a state of fact. I completely support the current proposal for placing a boot in Triangle Park. The original approval of the project took place within the parameters the City Council's normal processes for addressing issues. I'm sorry you had to go through so many personal attacks on Wood Creek next door, especially when other representatives also supported the project. Rodney Stevens. I would like to go on record as being against the purchase of this food. I greatly appreciate the boots and think that this is fine for a golf course to have 1, but the most disturbing part of this process is still to be up to the citizens and would be just discussed at the meeting on June 10th. However, it was announced in our newsletter today, which is great by the way that the boot was a done deal. I was quite surprised to read that as I thought it was already decided to cancel the order. Does that mean that council is decided before even holding the meeting? marcy sanderson i'm against the purchase of a six foot tall boot garishly painted for wood creek boot for wood creek especially if wood creek taxpayers and citizens are paying for it on the other hand if it is funded through private donations i'm still against the purchase my position with finances is to invest when there is a need there is no community need in this case i'm pretty sure there's not even a community walk for this thing especially not located in tiny triangle park which is the heart of the city the subject of community education about our authors can be better taught in other ways that that's a goal if we must have something for that educational experience as a city we can work together to create something for which we can all be proud of the beautiful artistic perhaps an interactive unique small creation that is suitable in its beautiful surroundings which appears to children as appeals to children as well as adults it can be funded by citizen donations or possibly sales and memorable memorial emblems such as bricks or leaves or acorns or park benches etc thereby saving city funds for the realities of victory thank you for giving this consideration stephanie dean even though wood creek is a town on its own is a big part of wimberley as a wood creek wimberley artist and 11-year resident of wood creek i'm very much in favor of this being in wood creek thank you for all you do for wood creek i'm sorry that a few are giving you negative comments about your work danny jones i'm this is going to be over three minutes if i read it slowly i'm requesting the following being read at the wednesday june 10th council meeting here first item 19 on the agenda the Chamber of Commerce in 2014 when the Boot for Wimberley project was launched. It was an initiative of the Wimberley Arts and Cultural Alliance as a means to promote the arts in Wimberley and enhance cultural tourism. 32 boots were initially selected. Each of them represented the vision, mission, or purpose of the business or nonprofit sponsoring one. A highly successful project, the number of boots has increased, but the goal and purpose remain the same. I find that the Whitbrick boot does not meet the purpose of the project, enhancing cultural tourism. We are a residential community and tourism is not part of our identity. Unlike Wimberley, we do not have any type of tourism activity, be it restaurants, shops, or logging. Unlike Wimberley, we generate our income primarily from property taxes. The boot, as designed, does not follow the tradition of representing our vision, mission, or purpose. I strongly support water conservation and education, and if this is the purpose of the boot, I would recommend the City consider a mural on the existing water faint at the Triangle Park, which offers a good canvas and shows the relationship of water conservation and the purpose of this rainwater collection tank. i'm also very concerned about the process followed for the following reasons participation by citizens we have had some projects in the past including our sticker to reduce speeding it was an open contest competition with a number of citizens submitting designs and one selected in a public council meeting and this was for an item for less expensive than the boot in this case there was no input of choice of design if we were presented with the final product cost at the cost of ten thousand dollars should have been a process for the selection that offered the option to all artists in our valley rather than a decision for the design location cost of demand input from our community or our citizens Representative government, those on council and voted for seem to have forgotten the basic principles of representative government. We are taxed for the city and the value of our property, and we elected council members. to represent us and govern on our behalf, which was not done in this case. As we celebrate the 250th anniversary of the birth of our sovereign nation, may I remind you of how it began. No taxation without representation was the cry of the colonists. Even though we are a miniscule city, city council should always govern with that sacred principle in mind. Respectfully submitted, Aurora Lebrun. There's pictures of beautiful Wembley projects on here. Okay, I would like to see them. This is a public comment regarding Agenda 19. I am writing to express concern regarding the recent approval and installation of a $10,000 cowboy boots art piece in our city park. While public art can be a valuable addition to a community, this particular piece raises several serious issues. First, it does not reflect the identity, culture, or character of our city. Instead, it appears to represent the City of Wembley business community for tourism, which makes its placement here feel displaced and disconnected from the people it's meant to serve. Equally concerning is the process by which this project was approved. It was my understanding that this expenditure installation proceeded without citizen input. Public spaces belong to the community and decisions about how they are used, especially those involving taxpayer funds, should be made transparently with public engagement. The lack of process undermines public trust. Residents expect that projects of this nature will go through appropriate channels including opportunities for feedback review and open discussions giving these steps of the troubling precedent for future decisions i respectfully ask the council to provide a clear explanation of how this project was approved clarify what processes were bypassing why consider pausing or re-evaluating the installation establish and commit to transparent procedures for future public art decisions including citizen input and advisory board review Our community deserves thoughtful representation and a voice in how our shared spaces are shaped. I urge you to take this concern seriously and to ensure that future actions reflect both accountability and respect for residents you serve. Thank you for your time and attention. Amanda K. Montgomery. Dear Deborah Hines and Wood Creek City Council, as a resident of Wood Creek, Texas, I am voicing my opposition to the purchase of a Wimberley boot and its installation in Triangle Park. Wimberley Boots are not intended as decorations at the entrance of neighborhoods. Instead, as stated on the Beautiful Wimberley Project website, the purpose of the boots is to place them outside of local shops, restaurants, and institutions in Wimberley as unique landmarks to draw foot traffic to local businesses and tourist attractions. More specifically, businesses and nonprofit organizations. Wood Creek is neither a business nor a nonprofit nor a tourist attraction that needs promotion. Wood Creek is a beautiful nature area with unique organic features such as a natural flowing creek large scenic boulders thickets of tall oak trees roaming wildlife and much more a large boot does not fit the serene landscaping of this neighborhood in inappropriate and and poor taste i am disappointed in the leadership of the mayor and city council of wood creek who consistently disregard the express opposition of the residents to primalist council proposed expenditures residents have opposed projects and mass numbers but the council finds ways to ignore their opinions and desires the city council is completely out of touch with wood creek residents may remind the mayor and city council that they work for the residents who pay taxes to the city of wood creek linda wheeler This letter should be read during public comment. Sorry, my public comment is in reference tonight. Okay, where does the comment start? The proposed design does not reflect any character of City of Woodcreek. It is not an original design created specifically for this project, but instead repurposes imagery from TESPA's existing promotional materials. Public art should be original, offering a new artist experience that reflects the identity and values and characters of the community. Repurposing an existing design diminishes the artist's significance of the installation and this is an opportunity to create something distinctive for wood creek our community deserves artwork that is imaginative original and specifically created to celebrate the character of wood creek public art should contribute meaningfully to the sense of place and identity the proposed installation of a beautiful boot falls short of that goal triangle park design appropriate location for this installation the park is already a small visibly visually busy space and the addition of a large boot sculpture would further clutter the area rather than enhance it in addition the site lacks adequate infrastructure such as parking for potential visitors I respectfully encourage the city council to terminate the contract dissolve Associated agreements and reconsider whether this project serves the best interests of the residents of Wood Creek thank you for your consideration Laura Lebrun all right that is the end of the public comment period at this time we have one more comment to be read at any later agenda item we will move into our consent agenda there we are I wish to move uh item one out of the consent agenda and then i know that council approves consent agenda items two and three so item one will move below we'll pick it up at the end of the meeting items two and three can proceed by vote As we attempt to help people follow along, we are challenged with software technology stuff. Okay. So all in favor of moving item one into the agenda and approving item two and three, raise your hand and say aye.

Aye.

Five ayes carry it. Item one will move to the end of the agenda. Items two and three have passed. this moves us into our regular agenda item when we have a presentation from three lines of turd council i'm going to try to be brief tonight um we have a long agenda um i did not do a powerpoint presentation for this one we've got the plans if we need to pull them up but i was just going to give a brief overview of the project and then happy to take any questions after that So Tom took our office, and at a current point, a couple meetings back on this one. So we've been working on a new design for the Western Wood Creek reconstruction. So this is to rebuild the street, basically, and place on Wood Creek from cypress slopes, where it's concrete pavements, down the street to the water crossing, and up the hill to where there's a sign that says maintenance industry. So yeah, basically we're building in place. There's going to be some widening that's minor just to get it to a 24-foot width so you can get your two 12-foot lanes in there. That makes it a little bit safer. Entirely concrete pavement section, we're going to have some toe-downs at the low water crossing just to kind of increase the stability there. We're going to be reconstructing the drain structure that's at that low water crossing. So right now that is three CMP metal pipes under there. We're replacing with three of the same size, but reinforced concrete. Hopefully those will last longer and hold up better. we're going to be installing a new guard rail new flood page signs just trying to kind of bring that up to current safety standards um so right now plans are ready for to get posted for bid i'm just pending tonight's meeting um i provided the city with a schedule there so we're going to be probably targeting either a july meeting or august meeting that's a thing to work out there but looking at the schedule we'll also have a contractor kind of ready to go around the end of august uh begin construction after that So depending on the weather and timeline, construction would be complete late November or December. If it all goes well, again, weather dependent. So that was a very quick, very brief update.

That would answer your questions. I want to clarify just for the people listening, that when you're talking about the low water cost and you're talking about the little section before we get to the site, there's one point. Yes. Locally, we kind of refer to the low water cost against the public range. Yeah. So I'm not sure what we're talking about.

correct the little one on the creek that's just on the side of the dam um are there any rough estimates of us because there hasn't been anything so far you might have limited bills that's in the packet yeah yeah if you want to zoom in that should be the one that is just under 600 000 like 592.

So that includes all the concrete pavement, drainage structure, everything.

And are we, we have 543,000 and remaining go bond funds. So I'm assuming maybe that's not your question. I'll vote for administrator because we need to know who the rest of the money is coming from.

It would come from research. And that's the June 24th budget coming up, the workshop. So this will be slotted into that. Any additional questions? All right, this will conclude the presentation board period. We'll move into item two, the interchangeable motion.

I move we accept and approve the final design plan for Western Wood Creek, the Old Creek Drive Reconstruction and Authorized Proving Target. So, proceed with the bid process for Rove and Colbert Reconstruction. Thanks.

Absolutely. I don't know what this was. I heard grammar.

All right.

Any further discussion on this item or questions, concerns related to this before we go to bed?

No, but I would like to point out just the clarification on that document. The $53,000 is the contingency, so the actual cost is 537,000.

Before contingency. I mean, bids are always going to vary. I'm hoping, if anything, I'm slightly high, but you just never know. Pricing changes so often.

I mean, if I may, everything that we've gone out for bid on,

we got the bid to come back not just lower than what your estimates are so I feel pretty confident that we'll do fine I appreciate that I hope so but you know you do yeah I got some recent concrete payment pricing in so I'm hoping that's pretty close and that's a large over the cost on this one we have currently 900 000 in reserves so I believe we can definitely cover that small discrepancy should it occur, Ethan. Any other questions or concerns about the plans as presented? All council members received an updated packet last week, the email. All right, hearing no further discussion, we're going to have a vote. All in favor of approving these plans and going to bid, please raise your hand and say aye.

Aye.

Unanimous aye carries. Thank you so much. If you don't mind hanging out, Billy, I know it's here in the air. Another presentation. He has slides that we just let's just give us one minute is this one that is done well, no, they were email to you again, you're going to send it again.

Just.

Well, let me go ahead and just watch you work on that. Let me get started real quick. So my name is Tor Norman. I'm a path and associates. I'm a civil engineer also. And we have been working with the one really valid water association to. Take a look at a few of the projects that were under the freedom to change master plan. And just kind of look at them from the standpoint of, is there an opportunity to. Add in some what we call either low-impact development or green infrastructure. You sometimes hear it called nature-based solutions practices, too. It's just a little bit more leaning on nature way of trying to manage the stormwater. In those cases, we're typically designing not just for flood reduction, but also for stream stability, erosion reduction, and also for water quality work. And so we were tasked with looking at three different sites.

This is our second meeting with the multiple screens, and then we are working on getting our mixer all set up. So eventually this will be a much more streamlined process.

No worries. And this is a very short presentation. This is a very straightforward project.

All right. All right. So, as I mentioned, we were asked to look at size 2.8.

So, from the master plan, that is the 2 sites on Palm Creek, and then there's a small area over on King Creek. And these are sites that are not selected by the city. Y'all previously counsel to move them forward. So we're not duplicating anything they've done. We haven't reinvented the wheel. Just taking what they already did. Just good work and we've just taken a slightly different look at it. And so what we're giving back to the city is just concept sheets. These are definitely not to the level of design that was presented previously for that project that's moving forward, but these are higher level to look at some opportunities to be So what we did, we looked at these, especially these two on Hog Creek, and these are fairly good sized drainage areas, what we call the drainage areas and the amount of land that goes to that point. So all the water that falls on that drainage area goes to that culvert. I'm sure Tom did a great job of presenting this over the last few months. I know Tom from a lot of years ago, a great engineer. So, but what we did is we looked at those same areas and there's a concept that's called a bank full width and depth. So that's, if you look at a natural stream, it typically has a shape that's based on the slope, the watershed area, how much is draining to that. And that's kind of a natural cross section that streams like to form. It's really interesting if you spend a lot of time studying, which I have, And you look at a stream in Wood Creek, Texas, and you look at a stream in Georgia. If it has similar enough characteristics, you will actually see the same shade correction. And so that, since that's a natural stream cross-section, it's how the stream functions to carry sediment and move stormwater through it. And so what we do is we look at how much drainage area there is, the flow, which is the same flow that Freeland Center came up with, thinking we'd just use their information. It's not completely relevant to this discussion, but we wanted to put it up there because we're talking about a lot of water in these structures. Everybody who's lived here knows there's a lot of water in these cities. But what we did is we looked at, can we take a few of those culverts that were recommended for the Master Change Plan, and actually what we do is we shift them down to a lower elevation or leave them at the elevation and actually raise the other culverts that are proposed. And what that does is it helps to slow the water down, especially in the smaller events. It also helps them to reduce maintenance, because what we have a lot of times with these types of culverts is you'll get a lot of sediment deposited upstream, and then you get a lot of scour on the downstream side. And by lowering some of the culverts, which doesn't cost anything, that's why it shows up here, no cost increase. We really don't think this would cost anything more than what's already been proposed. So in this case, I think there's one, two, three, seven, eight culverts that were proposed. And in this case, we were proposing to lower four of them by about one foot or vice versa reason. And I think from the design or from the plans we had before from the Master Drainage Plan, it's very high level still. Those were not to the level of design like was presented earlier. And so, you know, where that one foot exactly fits is still to be determined, but we did look at the pathography that was given to us and dirt, and we're confident that we can climb that foot and make that work. And it doesn't change the profile of the road, and it doesn't change the capacity of the structure. So you'd still have the same flood control benefits or flood conveyance benefits, but you'd get that additional structure. That's how this works. When you've got that much water coming through a site, we can't talk about the tension or anything like that. There's just too much water coming there, so we can't look at putting a big pond or anything There's probably not a lot of them. You sent me some stuff earlier today that other entities in tech support development were looking at larger projects like that in the region. So next slide. So basically the same thing on the next one, which is just a couple, you know, straight downstream. We looked at how much drainage area is going to that. It does end up with a slightly wider potential stream segment, or stream bank full width. But because of the culverts that were proposed, we can't do, you know, 43 feet because the culverts have a defined width. And so in this case, we would still also recommend lowering four of those culverts by about a foot. You have to be sensitive about how these structures are going to be constructed too, right? Sometimes they can bring in the culverts, they put them in place, and I don't know if If you all had anticipated either doing precast or cast in place. Okay. I mean, what are you doing on the one over here? Oh, those are pipes. So those will all be precast, right? So for these larger structures, sometimes they're cast in place and sometimes they're precast and so they're rising on site. And sometimes it depends on how long you want the road to be closed and things like that. So this works either way, but you can adjust those elevations on some of those cohorts and it's still, they have no problem forming the site.

Sure.

So, again, similar types of situation, no cost, no grease on this one. We don't anticipate that change in the cost of the project, which is what we'll see.

Quick question on that. You're proposing to go deeper, like lower.

Well, it's not necessarily lower. We would have four of the culverts. We would probably have four of the culverts lower, and we would actually just slightly raise the other ones. Right now, what was in that really preliminary schematic plan was to have them kind of all at the same level and do some excavation on the sides to allow those culverts to fit in. But that we would propose to raise the ones on the edges. It actually reduces the amount of excavation and in this case it's not going to change the capacity of the structures because this is designed for the 10-year and you know water is still going to go over the road not much larger so it would still give us some capacity. You still have signal water that with the future.

Is there a reason that you have taken over or are you taking over?

No, we were just asked by David and his group to just take a kind of different approach or a different look at it. And they funded this to allow us to look at this.

I can explain that again because it was a council meeting and we discussed it as a council. And that is because Freeland Turk is amazing. and they primarily focused on gray infrastructure whereas the cypress creek watershed protection plan which is paying for this effort helps us focus on green infrastructure alternatives so what toy specializes in or what he's very knowledgeable in are alternative ways to approach the same issue but that are friendlier towards the waterway which was our concern in touching hawk creek because it is a tributary to cypress creek and it is a very um kind of uh unique area a very sensitive and environmentally sensitive area so having additional input at the time council approved of and the bcwpp plan also approved that approach and getting that kind of both entities working together for a final goal right so we're we're not taking over that's what i'm saying we didn't we didn't redo anything they did we're just kind of adding one so

But one of the things we will, and I don't have it today, but we will be presenting soon, and I wouldn't get it by the next council meeting, is one of the things we're tasked with is providing some guidance to the city, too, on things that property owners can do within their own properties to help with those little nuisance drainage issues on site, but also in ways that can help recharge groundwater, slow down the water and reduce erosion and the creeks, and then also help them increase themselves. So that'll be kind of important. So it's kind of two parts to that problem. And then we go to the next slide, or kind of the last slide here. There was one other site, and this one is the Canyon Creek at Woodview site. This one, we really don't have any changes to what Freeland Turk had proposed, but what we were asked to do is look at the water that would be coming through that 24-inch pipe that is proposed to replace that low-water crossing. Can we do something to slow it down, capture it, and treat it before we discharge it into Creek? And this is the one that is really tricky. I know this is a much smaller watershed than compared to the ones we were just looking at, but when we started talking about green infrastructure and we started talking about things like fire retention, if you've heard of that, it's just a vegetated area that we slow the water down and allow it to either infiltrate or to go through a soil and clean up before it gets discharged. We just need a lot more room typically to do that. We kind of did, and I'm here to just show this, not that this is the final recommendation, but this is to show that if we were to try to capture all the water coming from the entire watershed that we would typically do for water quality, it would basically take that whole blue area. Yeah, it's pretty much the whole. we could do with them right away um and we can do something but it's not i wanted to present this it's like this is what it takes to do it in one site this is actually bigger a bigger area than what we would typically like to do green infrastructure is typically distributed it's much smaller types of features throughout the watershed um so so this we came up with a cost a potential cost of 320 000 as opposed to hundred and two thousand dollars so obviously i think this is probably a little far outside of what would be feasible for this site but we wanted to show it just so you start to get a sense of you know when i come back with the other information of how we do it on private property if we really need to start trying to do as much as we can distribute it throughout the watershed and we'll see what we can get property So, I guess my request today is to get input on is there any possibility of acquiring a drainage easement to do something smaller through that property? And let me go to the next slide. There's another approach that's called this regenerative step pool. It's kind of like a it's it's it's kind of like an erosion protection and step down bioretention water quality feature um it's it's actually a natural stream type of approach and and this is what you see streams actually form when they're in a truly natural setting that would actually fit a little bit better with this site than bioretention and it comes in around the same It would be less cost than what I just showed with the $340,000, but if you look at the overall area of this versus our commission's cost. But that was the question. Would you like us to kind of cost this out, or do you just want us to stick with whatever we can fit in the right of way and come back with that number of what that is?

Honestly, both options would be preferable because we do have the ability to approach landowners for easement, and we can start that conversation with them at any time. If they're not interested, they're not interested in them, no. But if they are, especially if it was something like that, but it's like more attractive and it's not a mountain ditch parked in their property, they might be into it. I know this site in particular, Council, we were looking at is a grant potential as well. We likely won't make the June deadline. We were hoping that it doesn't look like we're going to be there. So this would be possibly a grant option for next year when they open again.

Well, we can, I mean, we can get this wrapped up in a couple of days when we start big and then we work at home. So it's really not that bad to do to get from there. So if there's any chance, I'll tell you, we can get it done in a little bit.

Well, I think that would be up to essentially the people maybe that are more in charge of what you're doing. I mean, we would definitely like to try to get a grant for this one, just because we're struggling to be able to finance all of the stormwater management that's needed. And so far, we're not going to be trying to issue debt this year. But to cover all of these projects, we would have to issue debt. So as much grant that we can get could be best. And I don't know if, David, you

Yeah, we talked about that today in our meeting and the whole idea of this too is that the green infrastructure generally is less costly than the gray infrastructure. And so this could present potential cost savings, but there's also a lot of interest in funding this from different sources. So we'll definitely look into that. but I think I appreciate you know you putting this together and you know with you all's work I think it holds hands really well and it could benefit the city and save us some money hopefully to be more nature firm right I mean yeah if you were able to acquire you know through that proper

All right. Well, that's pretty much all I've got. I'm happy to answer any other questions.

Questions or comments?

Well, I just kind of want to go off of what you were saying about grants. I did a little research on sites two and three are both in the 100-year plan. So FEMA actually has grants. And I kind of looked into them, and the best possible grant that would fit for us is probably the Building Resiliency Infrastructure and Communities Grant. I think that could be a global friend for us as well.

That one was canceled, and then it was brought back at a billion dollars a year this year. And there's about $20 billion worth of applications for it right now. And they are requirement shovel ready projects. There's no guarantee that that project is good or that funding source is going to come back in 16 years. But they are talking about other pathways to get there. So we can definitely continue that conversation. We have a full funding resources team that's looking at all of these all the time. And we have news about brick and all that. So, you know, we can, I mean, I've got a couple of other projects I'm working on where

sites two and three are also listed there you know we're working on a county flood plan and they are listed in the state stuff so there's a lot of eyes on them the county one is They're aware of them. At this point in time, nothing in Wood Creek is determined to be eligible is the problem. So that's also why it's so important that we've been working on these engineering plans and getting them to the point of being able to go to bid. Because to be able to be eligible for any of these grants and some of the special funding that isn't a grant, it's like a low interest loan, we have to be at the finish line and ready to launch.

um it's really important to continue to finance that the engineering studies to get to that point yeah y'all got a lot there and it was it's t obviously going to some of this any other questions thank you thank you

So council, given where we're at with these plans, to be fair to Troy, he was on vacation for a little bit and we're all very jealous. We are going to skip item four because we really don't have an action at this time. And as he said, he'll be bringing back his completed work at a later council meeting. So we will be declining to take up item four. Does it just need a battery? Can we just turn it off and use your Is it touchscreen? Oh, yeah, being is a beast. Okay. Well, I'll make it work. Moving on. We are going to take up item five in place. So we have a presentation from Mr. David Baker, Executive Director of the Watershed Association. And I didn't want to see Jenna here tonight.

Jenna's not going to be here tonight. She was very busy with getting ready for a trip. Yeah. And then she went and did the solo presentation inside. I think it's a little tit for tat. But I am, it's good to see you all again. And hi. And Melissa Walter is here. She is the new BlockFit coordinator. for Y-Haze County for the Blanco-Cypress Water Detectives Program. And Melissa, you want to say a few words? I've got a place for you later, but why don't you get up and just introduce yourself while I'm passing these out.

My name is Melissa Wolter. So yes, as David said, I'm part of the ILA, the Intermodal Agreement between Pace County, Watershed Association, Bennett Center, and then City of Wood Creek, City of Wimberley. So I live here in Wimberley, not in Wood Creek, but from here I have both my bachelor's and master's from Texas State. My master's is in aquatic biology, so I have quite a bit of experience. um with habitat conservation plans and watershed protection plans things like that so we're excited to get started and see what we can do here as far as uh implementing things in the blanket cyclist watershed projections we're very excited to have melissa on board and thank you for inviting us to talk again um

uh so michael cypress water protection plan the interlocal agreement was between city of brook creek emily hayes county uh the watershed association meadow center and uh we we came together because water is so important and we water doesn't know the boundaries of the city it doesn't it doesn't understand that we belong here so we we really have to work collaboratively on this um Jenna Walker from meadows is director of Washington studies we're acting as kind of code managers working with uh Carl blocky he's a new uh parks and Oaks director natural resource director of praise County so Melissa has we're working through the but she is going to be her own boss on this and we'll do it and do a lot for the whole area so these are the watersheds in the area um this is you you all see hate uh uh the cypress creek watershed this is where the lower blank river is that's about a 38 square mile watershed which we are sitting in the middle of And that's really a primary focus of our interest. The Cypress Creek and Jacob Well, but we also have the Blanco watershed that runs up into Blanco all the way to Kendall County. And these watersheds are a really good way to organize the communities, our management practices. Our recreation and our economy are so tied to that stream, and we've had over a million visitors to the inability last year, if you can believe it. I bet you can if you go to the square. I think some of the, and we've been working on this all the way back to 2003 when we started water monitoring the watershed. This is our 30th year working on watershed protection. And so our track record is really going to groundwater management zone, creating the zone that restricts any new big production wells you're going in, sets the limits on what can be pumped out of that area. We have over 330 green infrastructure projects over the last 15 years and thousands of citizens and science-based monitoring and outreach um so the you go to the next one so um so this is a population projection in face family um we are today around 240 000 it's actually a little bit higher than that. It's closer to actually $280,000. We are projected, and this was in the 2022 plan, this is the state water point, to be $730,000. And Robert Mace made this slide. He calls Hays County patients. So $130,000 and $1.4 million by 2017. hard to fathom. And you can imagine the product standard is 1.7. So that's a lot. So this, as you see, the 2022 projection for water demand was 108,000 acre feet. The 2027 plan that's come out has now doubled that. It's 210,000 acre feet. So that's since how we're going to achieve that, you can go to the next slide. And so, you know, in 2022, the plan can have been that 37% of this water would come from groundwater and wells and other aquifer storage and recovery, 18%, other direct reuse, 13%, municipal conservation, 10.7%. reservoir only uh 7.3 um and that's not reservoirs here that's reservoirs downstream from that will bend water pipe back here the next slide is the 20.7 plan you see it's a different strategy which 27 of our of our water would come from municipal conservation So the cheapest water is the water we don't use. So new major reservoirs went up to 25%. So that's the off-channel reservoirs downstream on the Guadalupe River where we pump water back up. Drought management, 9%. Groundwater wells went down to 8.9%. Other directories, 7.3, ESAL for storage recovery. So these are strategies. And then the next slide. More conservation is really the main strategy. Carrizo-Wilcox across I-35, off-channel reservoirs that we mentioned, rainwater harvesting, 212,000 systems that are imagining in this area, which is That's a good question. I don't know the answer to that. How many people here have rainwater collection systems? I mean, I think it's a great strategy, whether it's just outside use or direct Possible reuse, you know, treating wastewater in City of Guadalajara Falls now is spending $100 million to build a direct public reuse system where they take their wastewater Brock and Shepard. So next slide. You all know this scene. That's right at the square. That's actually 1942. And I'm showing this slide one time because I'm like, this is the Wimberley you remember as your childhood, right? You come to the creek in the summer. This was right there at the bridge. Malcolm Harris who was our board chair he said hey that's me in the in the back of that canoe I'm eight years old and that's my mom and that's my sister and and so I just when I see this this is why I do this work because that right there is what Wimbley is all about so next next slide And then this also, the well, this Jacob's well, this is the scene we'd like to see there where people are enjoying it coming from all over the world. We have over 35 different countries. But we haven't been able to do that. Next slide. The last five years, this was 5-26, so in May. But I'm happy to say that we have about three CFS that flow in the well right now. you're probably driving about degrees there and you're like oh there's some water there finally well these rings have had an impact but we're still 35 inches behind in rainfall from what uh we should be so it's almost over a year of rain we still need to receive to really catch up and so just skin water is so important for our health and tourism and property values And the well is sort of the canary in the coal mine. It's telling us what the aquifer is doing. So it's really educating us on the health of the system. So the next slide, you know, this is the 18th year that we've been working on the scholarship protection program. And, you know, these are many of the partners that were in that first, it was the first federal approved plan that had a groundwater protection component in it. And it's also one of the first preventative components to try to protect the watershed before it got repaired where it wasn't needing water to all these landers. So kind of the five-legged stool is really philanthropy, governments working together, the research through these institutions, nonprofit partnerships, and then the local businesses. so the protection plan was really a little started back um in 2003 we actually started talking about it we we got our first plan into through in 2014 but one of the some of the early things we did was we did a parks plan we passed a bond in 2003 and seven uh we passed another bond in 2020 We now protected over 39,000 acres of state county, and we didn't have any protected lands out here. We went blue-bullet. All that didn't need to be developed. So these efforts, you know, that land protection piece probably you know think of the aquifer as an infrastructure so that's blinding land in cars canyon up above jacob's well that's like that in the infrastructure industry but it also happens to be a place we can go high when we have birds and we've got wildlife and we're protecting this ecosystem and the other thing is the natural um this this process of restoring these natural systems is really about creating more photosynthesis more plants more life and that is a big part of the water cycle and if we even a five-star model area protected with natural plants can start to change the climate around. So I think that's a big part of this plan is not only what we're doing with these shared spaces, but it's what each person does in their yard, each person does with their lands. It's a stewardship culture that we're building. Next slide. And so the local commitment, the inter-local agreement, the CDA funding ended in 2003. We were directed to create this inter-local agreement so the local community invested, because the EPA had funded this for almost eight years in three different cycles. And so we formed the partnership, but we didn't get the GILAC executed until May of 2024. Next slide. And then, you know, Melissa, we just fired. And we had a previous coordinator, Jonas, who decided he would be the root candidate for whatever reason. But we're really excited to have Melissa on board and with her experience, we're going to do some great things. So this next slide, I want to talk about the finances. And the council, over the three-year period, Wimberley and Whitby have put in $60,000 each. The county has invested in $311,000 in hiring the coordinator and taking care of the monitoring. So that's paying for all of Meadows and monitoring that through the Clean Rivers program. And Waukesha has put in $636,828. So that's almost $1,067,930 partnership value so it's almost a one to eight return in terms of what the city has put in um so those funds have gone towards um the Washington coordinator with the rivers program the stream team our staff uh about about 20 000 a year uh the our pledge towards the coordinator's salary uh the consulting we had uh consultants develop a plan for for our water and wastewater going forward uh things like the hiring of Troy um and then the the sick and the conference of great Next slide. So revenue of $120,000. We've expended about $44,049. There's $75,951 left with about $35,000 of that is dedicated towards Troy's work. There's two other sites. back there there's this old sand filter that's not functioning so it's just putting a whole area of drains down into the uh afterglow preserve and it just it just creates a mess down there and it all ends up inside this creek so we're going to try to mitigate that and then the old kyle road the new expansion there which is a really amazing project and have a biplane I can bike one lane road. And we're thinking, you know, that preserve there to be able to put some green infrastructure along that road and really protect that creek when we do that conversion. So these are, you know, those are the expenses so far. Let's go to the next slide. And I want to talk for a second. Lauren's going to present to you about the update. But I had a lot of people say, well, you know, what did we win when we won that system-included charge case that was January 31st, 2025? So the PUC unanimously denied COCLA testing. time it wasn't real I think they we probably saw it as a credit on your bill not as a check from aqua but they also said they haven't paid interest on that money for the six months even so it was denied because aqua failed to meet the legal burden agree didn't document the cost projected by project and they could not separate genuine capital improvements from routine maintenance and the commission could not tell what foster eligible for recovery so kudos of lauren and our experts for pointing all that out um so they collected those about 52 dollars an extra credit. So next slide. So I did a little bit of math. One of the things that's so hard to talk about is they're not transparent. You can't tell even how many people that serve here. And the numbers don't add up in terms of what you see in the docket. And when you count the number of homes here, it's two different numbers. And so let's Approximately 744, what they say, they serve in the city of Whitby. And that equates to almost $622,000 of refunded money to rate payers. over that six-month period. And we estimate we could norm to somewhere around $1,250, but they say it's only $714. So we still haven't sorted out actually what they're, and it doesn't include any of the commercial interest downtown, the school, the those are different cost numbers. So next slide. So that was 4.7 refunded. That SIC could have gone through up to three to five years. So if it went five years, it would be almost 44 million. This is statewide, right? So that's what we prevented them from getting. They're trying to get this all back right now through the comprehensive rate case. And so we're fighting this fight again right now in the comprehensive case. Next slide. So they're asking right now for 23.4% increase on water, 51% on sewer revenue. We're probably taking away some of the water In some cases, that could be two times the amount of what people are paying now. It could cost households $600, $1,800 a year, depending on how that falls out. They're trying to recover now $693 million from over 20 years of investment they've made. This is alarming if you look at what that would be over the added cost over time. Let's go to the next slide. So basically it came to $312 per house, and the future sick charges would have been $1,800 to $3,000 that were avoided in winning that case. And so that state now is between $50 to $150 increase. Let's see. Next slide. So we're in the sick case and denied. We're in the competency rate case. Lauren's going to update you on that. We have the SOA hearing and causing divination. You know, Pace County, City of Luke Creek, and Watershed are in over 3,500 protestants intervene. not overcharging us and and so that's what we're doing and we need that local transparency so the plan you know going forward with the watershed protection plan uh we're going to continue to coordinate with the executive committee uh we're working on subdivision revision uh rule rewrites for pace county grant application submittals uh pinpoint sensitive areas for these stormwater bmps engage the upper blank of stakeholders we'd love to get the city of in the next slide so continuing that coordination support ongoing water quality monitoring that we do quarterly and monthly and then progress toward formalizing implementation roles and responsibilities and i think with melissa in place the watershed is focusing excited to have her on board uh and then the work plan we uh have a work plan for melissa and uh we're working on that today uh grant development as i mentioned and then improve the uh structure for communication among the partners and then uh one more time and so these are the contacts this is melissa's new um email and uh yeah happy to answer any questions you all have

yes hi this is kind of a bigger topic but i did a little research on how these data processing centers are going to affect the trinity and it looks like san marcos is doing quite a bit but is there any part of what the watershed is doing you know uh right now i'm a member along with medicine and mr hammer with uh uh

we have a 25 person committee that is working on a data center group. So I think we've had three meetings, got one coming out. And so we had, that group's goal is by the end of the summer, we come out with proposals for legislation that would address, you know, what cities and counties can do about this. Jill probably saw that, I think it was with the Hill County, that they denied and did a moratorium. And then the data center sued them for $100 million. And then a few days later, they dropped their moratorium. So these are very powerful groups, lots of money. I'll be frank. I think Texas legislature is all in on these data centers. They want to see this kind of development. there is a limitation of water and energy and it's going to be almost a doubling of energy capacity needed and most of these are going to have to build their own power plants their own you know systems and you know that takes a lot of water if it's a gas-fired plant so it's kind of scary really the scale of than any other state. Yes. So that, she has some fantastic people on that committee and that home field. And she got the right people in the room to work on this. But like I say, I don't think they're going to, you know, the first thing that the League of Urban Counties told the group and said, you know, you can't denounce our closed loop systems or to have setbacks and to do the things that are going to be helpful for the community. I mean, that sounds like it's kind of a pessimistic strategy, but I think he's not probably wrong about that. But the good news is I don't think there's going to be data centers in this part of the world here because we don't have the water to support that. The land's too expensive. There's other places.

Thank you.

Any other questions from Mr. Baker? Go ahead. Thank you so much. That was very informative. The financial impact of what y'all are doing is huge, especially with the legal rate case. So we're super grateful, and thank you.

Well, it's really important. Your investment is getting out of this and your money is actually coming back to the citizens that were matching that money. And I think we had the grants administrator in the meeting with us today from Hays County. She wants to start working on this. So all these things that you guys were talking about in terms of this infrastructure, i think we can help with that and that's sort of what we're here for and so don't hesitate to reach out to elizabeth or me or um you know deborah you know we we kind of serve you all and we want to at this audit or anything so thank you for giving us some stuff thank you our comprehensive plan update as well uh we can employ some of the one water principles that we're really working on um melanie did you

I don't want to leave. We can take a brief break. We're going to exit after the presentation. If you're welcome to, if you'd like to stay, we're going to move into the public update on the Aqua Texas rate case. When we proceed into executive session, which is the next item, the council will be moving into the other room. So a lot of the public that's here to stay in the room, just so they don't have to go stay in the heat. We do have the other front office. Thank you. Troy, are you planning to see it as well?

Just for the next couple items.

I'm already loving it. Thank you. All right. We're going to offer the public update on the opportunity.

And since we're doing our executive session, I was going to sit here and address the public at that. Yes. Everybody. Okay. So, I'm Lauren Ice. I'm an attorney with the law firm Corrales, Allman and Ice. As David just mentioned, I've been retained by the Watershed Association, by Hayes County, and the City of Wood Creek all collectively to protest the recent AWPA proposed rate increase. Many of you would have received a notice about this last year, and you may have noticed that your bills changed around March of this year. That is because that's when the interim rates went into effect. And so I just want to give you all kind of an update of what's happened since then and what we're going to be looking forward to in the next few months. So y'all keep an eye on your bills and keep an eye on your water service. And on the back, you know, of course, I just need to resolve to give you all another update. But so since March, March is when the interim rates went into effect. So I want to make sure everybody knows the interim rates are just interim. As a part of our involvement, we advocated to the Public Utility Commission to make sure that the rates that are showing up on your bills now are not final. So if the final rates change, which I'm optimistic that they will, and that they will be lower when they're finally set, you will not be on the hook for the difference between the two you will like in the sixth case you would get a refund or you would get a credit on your bill to for the difference of that that's something we actually had to ask for and advocate for it's not just a guarantee and um and you know it was it was something that we ended up advocating for and winning in this case so pay attention to the to your to your bill and uh if you have any questions about that we'll be certain to talk about that um So as David mentioned, we had our hearing on the merits in April. This is when all of the experts, all the costs that go into these rate-making proceedings, they rely really heavily on the experts. Not just on lawyers, but on people who have accounts and people who do all the numbers and designing the rates and matching up the cost of service with where the rate would show up. Um, so we put all of our evidence into the record. It's like, it's like a civil trial and then we had an opportunity to file written legal briefs to our judges using all that evidence, kind of laying out our legal arguments about what should happen. There were several parties, a lot of brief profiles. Our position on behalf of all the entities I represent, our position is that the rate increase should be denied in its entirety. It should go back to ACWA. There were so many deficiencies in their application. It was disorganized. It couldn't tell what the infrastructure projects were that they were saying that they needed the increased cost for. That should go back to ACWA. They should redo their application if they really want this rate change and resubmit it in a manner that's more transparent, easier for people to read and check. And at the end of the day, just like David said, these cases are really, really complicated and ACWA has done its best to make it even more challenging to review so rate payers know how their money is being used. And that's really what we're asking for. If the alternative, if they do not deny the rate case, send it back to ACWA until they have to submit a new application. We also asked for the overall revenue requirement to be lowered. So ACWA says, here's how much money we need for an entire year to cover all of our costs statewide, all of our systems. And so we said, that number is inflated. It's too high. You'll need to bring that number down. We don't really need that much money. The second thing we advocated for, which I think is very important, is actually a change to the rate design itself. So you may have noticed that the rate design moved from something that had just maybe like a few blocks in it to now there's this whole tiered structure of rates, depending on how much water you use. your monthly fixed charge is probably a little bit lower now than it was before but our position is it's not low enough rate payers should be in control of their rates to the extent that you can be if you use less water you should not be paying that higher fixed monthly charge you should pay a lower fixed monthly charge and then the the increase in the rates should come with the higher water use tiers because in reality that is where the cost of water starts to increase and get expensive that's the fact for aqua that costs more to them to serve those connections that use more water and so low our customers shouldn't have to subsidize you know folks who are using higher higher water and that's important for wood creek that's important for case counting where a lot of people use very little water relative to the statewide average um so i'm optimistic that those two points you know the overall rates will come down and also that the the rate design if we don't get the rates just flat out denied i'm optimistic that the commission will go with us on that But we have to wait a while to find out. We expect that our judges will issue what's called a proposal for decision in mid to late July. And it is just a proposal. It's a recommendation that goes back to the Public Utility Commission. And so after July or maybe a couple months after that, they will have another meeting at the Public Utility Commission. And it will be those appointed commissioners who will decide whether they will go with the judge's recommendation or maybe they'll do something different. In the sick case, the judge recommended denial in our favor, and then the commission went with that recommendation and also denied the rape case at the end of the day. And so obviously here, we're hoping that the judges will go with us and make a strong recommendation. But even if they don't, the commission still has the ability to go with us at the end of the day. So I will keep you all updated on that. It's not just a waiting game right now. There are some parties who we're kind of talking about whether or not we can resolve this sooner rather than later. Settlement's always an option. And of course, if we do settle, I'll definitely come back and bring you all an update. But that's our timeline. So right now we're just waiting. And then if we got a different order at the commission at the end of the year, then that's when you see a change in your rates and that hopefully that refund or that credit on your account. That's my update for now. Was there anything else I left out or anything else y'all thought was important that I should And it's so good. Yeah.

And I've read this a few times now. Yeah.

Yeah.

I think you got it.

Thank you.

Yeah. All right. We are going to move into our executive session. So we'll briefly pause this meeting and executive session will start at 728. Pretty good. everyone in the public is more than welcome to remain hearing there's restrooms talking water if you need it um We are going to reconvene coming out of executive session pursuant to Texas Local Government Code 551.071 consultation with legal counsel related to the Aqua Texas Drake case at 8-12. No action was taken. And we will be, we do not have action needed after that. So we will be skipping item eight and moving into item nine. Thank you so much for your patience. We'll probably be ready for you when you are.

All right.

All right. well uh mayor hines thank you so much sharing the council thank you so much for for having me tonight um so my name is michael lungley uh i'm uh i'm a renewable energy energy developer of two decades. And in the course of my work, I've done a lot of solar development, but also worked on a lot of grants, incentive rebates, federal projects. And so I have an enormous amount of experience applying for grants, RFP responses, things like that. So some months ago, I was at one of the conference where the Texas Water Development Board got into a perfect group of people and said that they had received a billion dollars in funding that they could not figure out how to get rid of which was the strangest thing I've But then they went in to describe some programs, and the very first one that he covered was out of that billion dollars they got from the last session, they initiated the water supply infrastructure grant program being administered by the Texas Water Development Board. So I want to just go through, because what my goal is, is to put together a grant application for the city of Wood Creek to secure up to $10 million worth of grant funding to support developing a new water supply for the city. If you go to the first slide. So this is just going through what we'll cover very quickly. It's pretty straightforward. And I'm going to move through this pretty quick so we have time for questions. Go to the second slide. So, Wood Creek's water supply in the Wimberley Valley has been under extreme duress for a number of years. I think this is no secret to anyone in this room, but the numbers sort of speak for themselves. One of those numbers up there, obviously not explicitly relevant to Wood Creek, but I am personally a resident of Wood Creek North. So, when I found out how AWPA was running the system and what the agreed losses were within the system, both in Wood Creek and Wood Creek North. The 25.2 that I have access to from the data I'm privy to, I know that's consistent throughout their operating system. So it's just a relevant marker for where it is. But the states for drought, Jacobsville being dry for four years, there is an enormous amount of strain on the supply. And with the growth members especially as David uh illustrated earlier um this problem is not looking to get better um and then unfortunately the external dependency on aqua who seems uninspired to rectify so many situations um there is an urgent need for going after some of this funding to help support developing the water supply all right next All right, so the region that we've gone to, the interconnected system approach, is all of the Wimberley Valley, all of the areas, all draw from the Middle Trinity aquifer. Now, as things have been growing, this is looking to amplify with the development numbers exceeding anything that is going to be acceptable. But specifically with a plan that is developed and recognized, already approved by the Texas Water Development Board for Region L, A lot of the groundwork that's already been done through the Watershed Association and through a lot of the other local community, well, all the advocacy groups, there's an enormous amount of supporting documentation and research and data that's already been done that makes an application for developing water supply a perfect fit for what this program outline is set up to do. Go to the next one. So this is all just also showing that the research that's been done by the Blanco and Cyprus water protection plan, as you can see, the key data points on the right, that there's some huge implications, specifically the two sites that have been tested that were showing chronic system impairment from being below the acceptable oxygen levels to be healthy in the water systems also dramatically reinforces the fact that there needs to be new water supply brought into the equation. On to the next slide. So specifically, the Water Supply Infrastructure Grant was set up, first of all, it was set up to originally only be for a $5 million grant cap. Very surprisingly, they actually lifted, well, they doubled because they were not seeing as many. There was a pre-application interview call that you were supposed to schedule. They were not getting calls from small communities. This level is very specifically allocated for communities under 10,000. And the important part about that is the under 10,000 population and communities are eligible for projects that are not explicitly shovel ready. So things that allow for some planning, research and developments, there are administrative costs that are allowed to be captured. But once you start graduating up to 100,000 and above, you literally had to have a plan that was ready to go into construction immediately. Otherwise you couldn't even submit an application. So there were a number of layers that really made this ideal as an opportunity. Very important points to highlight is that the eligible uses very specifically are for new water supply, but also included is for pipeline right-of-way for delivery of new supply, and then also planning, studies, and development for the acquisitions of the necessary. um easements uh appraisals all of the other things that keep going to it um the yeah the whole is covered with the under 10 000 um and then also the other very relevant detail up there is the july 30th deadline for the application itself uh next one So the strategy is to work together to submit for the full $10 million to go in for two alternative well sites that have been identified just across 2325 on the plot of a lot that is essentially at the foot of Mount Needed. It is a superior, working with David and through the research they've already done previously with Accenture, they've identified two potential well sites that already are very promising. They're in the down dip area that allow for drawing from a much healthier part of the aquifer than where the two aqua well sites to the west, east, sorry, east of that are currently located. So the idea is to procure the two sites with the majority of the capital that would be procured and then also some of the right-of-way property that would be needed for development. Yes, that is correct. So the technical foundation for this is also very strong, which this also plays directly into the requirements that are built into the program outline from the Texas Water Development Board. There is the aqua strategy scoping proposal that was done previously and the feasibility report. Both give exactly the kind of supporting documentation and data. that texas water development board is going to be looking for for project uh applicability and feasibility um there is also there's never there was another study that was also involved oh some of the extension data that also came out of a previous study through the watershed association also all supports a very very strong application uh as a viable uh project for for these uh 50s

Michael, just one point. Aqua Strategies is a consulting firm that we hired years ago, not Aqua. That can be a little confusing.

um ah yes so next slide okay so the other part is the the coalition of of cities and partners that have already worked together under the interlocal agreements on other um other components uh like like the blanco cyprus water protection plan those same entities can also come together to pool resources to for for this strategy um because one of the other as a as a footnote that's also very relevant um the city really has also already passed the governing body resolution um that i'm here to request tonight um and would be a participating body uh and the goal would be to to apply for uh two million dollars for both cities to include Yes, it's under separate applications, but they could then be pulled together to take down these wall sites to create a local Watson lot. Also, the Outlook Strategies, the Supporting Consultants, the History of the Grand Water Conservation District, the Hill Country Conservation Conservancy, the Nature Conservancy, and the Texas Water Development Board. I believe it's mentioned on the next slide, but one of the other components to this is by securing these grants, you also become part of the your projects are already fully understood and vetted by the Texas Water Development Board, so therefore it aligns you with some of their other programs, which you can do to further deployment and development along things like They have these you mentioned the low interest and then principal forgiveness loans that they have multiple programs that are very, very oriented towards smaller communities, helping lots of structure. laid out for the allocation of the $10 million if it was secured. $8 million is intended to go for the alternative well site acquisition and the right of way. And then planning and hydrological assessments, as I mentioned, the appraisals and market values, the easements and title review for legal. um the planning environmental uh and regulatory review and then also um 450 000 for the grant administration so for grant works who i understand the city works with to manage um ongoing compliance and reporting there is budgeting for all of those components in it built into the uh into the grant application another the next slide oh sorry So this is where we are on the timeline. We've done a ton of legwork already, developing an anonymous data room with a lot of the reports and studies, and some of the other groups we've compiled a lot of that information and already developed a good bit of the the application narrative that we know is supporting it we have also already had the Texas Water Development Board introductory pre-application phone call They agreed that everything that we had outlined and all the intent of the strategy we were going forward with was acceptable in the purview of the grant program itself. What we are here for tonight is to request passage of the governing body resolution, which is one of the big sort of check the box items that you have to put forward as part of the grant application. another one is the the audited financials which i understand is already underway and is very likely going to be completed and handed over uh in time to be part of the grant allocation package um so then that means later on this month finishing uh the development of all of the supporting data and then putting the uh the application together and assembling all of that into the final package to be ready for submission on july 30th by July 30. Honestly, I really see a very clear path to being able to submit for them. And who's doing the, are you? Yes.

Right?

Yes. This would be, um, I was hearing for this too. Yeah.

Wow.

David is supporting, but, uh, and, and luckily that comes with a lot of good voices because, um, the, the supporting data from the, uh, all the surrounding studies, not only builds the foundation for the research that's already been done, the data's already been collected, the plan is already viable, but it also, a lot of the folks in David's orbit also know and or were formerly part of the Texas Water Development Board. So it is, the feedback and input on how to tailor the messaging is incredibly well done. So, again, I think the likelihood is very strong, but I also ran out of over-promise on this, so I was just saying people do our very best, and we have a lot of good data to pull from. um so the resolution uh specifically council is being asked to approve is just the authorization to apply it does not oblige the city council or the city of wood creek to do anything further it just allows us to have that required item in the application for submission um the approved project scope is is already in there um in the authorized representatives already known understood as Mayor Hines and the City Administrator. There are no repayment obligations and there is no match required by the City. So this is not a tit-for-tat where you have to then get a check that equals the check from the Texas Water Development Board. This is all money that funds 100% of the costs associated with projects, which is an incredibly rare situation in these programs. And then the supporting documentation, there are some data points that are being collected, but a lot of that is very administrative and not challenging. And then, of course, the effective data. But some of the other items that are, again, highly supported The fact that there are already interlocal agreements that have already shown cooperation through these cities, Pace County specifically, but also the City of Wimberley, is an extremely strong base because going after the projects, it would would be greatly strengthened if it's all the parties combined um and then uh the diverse uh disbursements and all of the compliance pieces would be managed uh through great works which you already have the existing relationship um next time where is that in the slot it's just my mouse um and then so these are the you know the net effects um and honestly everything about that in my opinion comes down to that the last one on the right it's this is protecting the water supply for the residents of wood creek and the river with that i mean this as we look at the commercial developments specifically the point of data center development and of the other commercial demands that are coming that we know we can't stop having a secure water supply that is uninterruptible from outside resources is is critical I'm only here for a few years but it terrifies me to think of being beholden to water supply coming from the i-35 corridor this like we we need this for our people in the valley next one So that would be my recommendation is to adopt the resolution. We will need to confirm the administrative details. And then once the final financial audit is in hand, we incorporate that into the application documentation and they'll be ready to go. And then lastly, I believe the last slide is just a picture because the lots in question order literally on the other side so it's it's not a it's not going beyond the um the authority or the reach of of the city uh on the procurement of that land uh specifically for infrastructure purposes but uh just as a demonstration it is those are the exact blocks we're speaking of and that is it that is that is my presentation thank you thank you yeah i've got a question about um you're talking about

supply structure and new wells by this and then and then you know pump the water out and it says like um pathway to connect the new world distribution system our distribution system is opposite so we should give them the water or how does that work so it would be for a wholesale agreement that uh the water would be intended for wholesale to the water distribution Network

now in a future scenario where perhaps it was a public utility authority that was in control of that network, then it would be into that system. But yes.

That's what I'm thinking about. It doesn't really specify for distributions.

Yes. That's a good note. I will make sure to capture that. But yes, it is intended to develop the wells for wholesale to the water distributor.

When I first read over this, part of it sounds too good to be true, but it's unusual for a grant to allow a land purchase. So are you actually purchasing land or are you purchasing water rights?

No, this is actually to purchase the land itself. And how does that give us water? Because the other covered activities would be for the drilling of the wells themselves as well. So that would be for purchase and drilling of the alternative wells or both are all covered.

Is that out of the 2 million? 10 million. No, but there's 8 million for the land and 2 million for other nests. So that the drilling is in those.

I didn't see some of the drilling. the eight million if look and of course that depends on the actual final ultimate purchase price of the lane itself um but yes some of that some of the dollars from the eight million could be allocated but there is intended uh some of the very specifically some of the money in the remaining two million is is specifically for the drilling of the loss

So since the City of Woodcrestons possibly, if we get this grant, would be buying land outside of Woodlake, we would have an agreement where we incorporate that into the City?

So it's in the ETJ. It is my understanding that, well, and I spoke with the attorney that I've spoken with did say that um under general authority that that it would be allowed the city is allowed to purchase land in the pga um for infrastructure purposes um i don't since it would be uh jointly developed with the city of wimberley i don't know what the ultimate ownership structure would would be but that is also part of what the funding the remaining two million funding would be would be to determine the ultimate ownership vehicle um but the way it was described to me whether because it was put there was an options put forward that i can't fully say i understood all of them uh under the legal statutes but that um that that uh would greek would maintain its commensurate ownership uh of whatever that ultimate entity was and therefore uh and then to your point about the wholesale of the water supply but also received the commensurate revenue from the sale of the water until such time as perhaps Wood Creek was partnered to the ownership of the ultimate water utility, if that were to become the case.

Any additional questions?

We do have an executive session after this. It's possible if we feel we need it concerning the purchase of the land and ownership questions where you could consult with Sam as well, if y'all want. So that was built into the agenda just in case.

Thank you for that. But I think that question does sound later. Yeah.

they have to receive the grant first and then they have an offer on the land and then the offer on the land would have to be accepted and then we would be addressing but there seems to be already a specific amount an idea so and also I read that this site and this availability was discovered 20 20 20 21 and now there's the grant is required by the end of July. Is there any reason why we're just hearing that?

I only learned about the grants in March. I was unaware of the, oh, because of the, so the research, and maybe we can speak better than this, but the research from the Accenture, it was just like that was identified as one of the optimal sites for alternative water supply in the valley.

but there was no no real opportunity to to purchase it like it was it was just like well in the best case scenario that's where you get it um for context this lane was last sold at five million dollars so somebody would have had to have five million dollars to purchase it and and you know have this intent with it so um yeah

There is an effort to try to get this land under contract so that we can do those test wells and verify this. The study that we financed was when we were working with Texas Water Trade. When we were trying to come up with these, what we call a source switch, instead of pumping out of these wells that cause Jacob's Whale and the Cypress to dry up, the scientists were like, if you go below the Tom Creek fall, that's less likely to impact Jacob's Whale. It won't impact it, but we also have to study, does it impact other wells? And that won't be fully known until we drill test wells there. So we may get land under contract to be able to do that due diligence. And unfortunately, you know, we were talking about this with Aqua and then in 2020, 2021, we said this is the area that we need to drill. And we were talking with the owner then about allowing us to drill test wells there. And the county was ready to pay for that. And then Aqua lurched off and drilled the wells across 2325. And then they over pumped and it started this whole cascade of problems that it was just, they weren't operating in good faith. So they didn't follow through with what the recommendations from the scientists in the group was. So this is an attempt to sort of resurrect that strategy and uh we've got i think a lot of support now because we we've got the idea of this PUA and these other things that the county and ILA group is working on. So I think Michael approached after he saw this and said, I think this might be a fit for your communities to at least try to, you know, capture these funds as a means to secure some future water, also land. And initially we thought, based on the language that you could actually just buy land for aquifer protection and that was part of this this grant but they they clarified that there had to be some infrastructure aspect to it so so you know we we've been we're flipping over the rocks to try to understand the potential here and I think they've only given away about 100 million of this of this million dollars 1.25 billion in 1.25 and they have a deadline in like 2031 or so that they have to office 30th 2031.

the money has to be spent, not allocated, but spent. So we're just holding our hand.

We can probably figure out how to bring that. Even if it was, say, buying infrastructure, I mean, the purpose of this, I think, could shift depending on how all these negotiations and things go that we're in so i just feel like michael showed up he offered to do this on his time and uh it fits i think with our overall kind of community strategy at this point to try to take our water future into our hands and and be able to manage that with our local community instead of an out of town community or out of town

uh the investor on utility so yeah and especially in light of the new the aqua merger was bad enough and now the new mega merger going on above that is like if you have already so far removed from anybody who's actually concerned about how it's going to impact us these four profit for publicly traded for profit corporations working at all so yeah that's that's my inspiration is that i i'm because i can i've submitted numerous successful grant rebate instead of i know how to build these things um then this is there's no better way to be spending the time pointless so thank you thank you very much cheers any uh any further questions i'm sorry sure that's true that's your line

we're totally okay with you does anyone have any additional questions or concerns i just want to say part of the why now is because of those interlocal agreements that were participating in the ila with the county on water and wastewater and the two cities and the bcw pp both of those are what brought this to us what makes it possible for us to join together to apply for this stuff and what would make this work in the future are those partnerships with those other governing bodies so they're important and i will say our when we had the uh pre-application phone call it was the program administrator that we had on the line and he emphasized how what a stronger

application that would be with the pre-existing cooperative relationships that all of these entities already have, specifically oriented towards water and water supply. So it looks really, really good. The resolution just checks the box and allows us to make the application.

thank you thank you so much especially for waiting so long yes do you all need a recess at this time okay uh is there any need for the executive session regarding the purchase of a property all right here again we'll pass item 10 will not be taken up

move into item number 11 regarding the texas water development board resolution that he just discussed with us do i have a motion on the table sir i move that council approves resolution 2026-06-10-02 authorizing submission of an application to the texas water development board water supply and infrastructure grant program wsig

uh head mayor pro tem roscoe first maybe just because he's closer yeah um do we have any discussion on this resolution itself hearing none all in favor please raise your names and say aye aye as a unanimous vote good job and we'll get you that thank you yeah yeah Thank you. Thank you. Thank you all. Well, thank you all. All right.

Y'all take care. All right, y'all. We'll be moving on to item number 12. This is related to our general land office grant application. So I'm going to go for Mallory. Thank you, Council. Appreciate it. Bye.

I have a motion on the table for item number 12 regarding resolution 2026-06-10-01. I move to approve resolution 2026-06-10-01 authorizing signatories for the GLOBE Resilient Communities Program grant 23-160-24-F701.

I second.

Dr. Montgomery is the second. Do y'all have any questions about this or where we're at in the grant process? You know, we've been through a grant before, together for the most part with Deerfield, and there are a series of steps that's going to happen over the next couple months like this, where it's, I mean, obviously, if y'all want to dissent, you could, but it's sort of obligatory to keep the grant process moving. So we were awarded $225,000 to work on our comprehensive plan update, the survey, the actual plan writing, and then subsequently, code updating related to zoning and land usage so yes sir I was just curious why uh fire mayor yeah so we've already fixed that sorry it was we caught it yeah so they prepared all of this stuff for us and we just put it in and unfortunately we kind of assumed they had gotten the memo because they were already changing everything else in the actual like Grant database but this was just a typo on their fire book it's fixed the one that will be signed will be like yeah I have the card any other questions or concerns on this item please raise your hand and say aye aye unanimous aye takes it We'll move on to item number 13. This is again related to that general land office grant that we've been awarded. Do I have a motion?

Move we approve Resolution 2026-06-10-03, Adopting the Required CPT Civil Rights Policies. I second.

Seconded by Councilmember McGarvey. Motion made by Barron for 10. So kind of more of the same. Any questions or concerns about this item? It has been edited and fixed. All right, steering out discussion. All in favor, pretty please raise your hand and say aye.

Aye.

Unanimous, all aye. We'll move on to item number 14. This is regarding a native plant management and gardening company. Do I have a motion on the table?

Mayor, may I? I move that council or to post a request for proposals RIP for a gardening and native plant management company with costs not to exceed $8,000 annually to come from the trees and parks budget line item 10-10-55-54 to be allocated in the 2026-2027 fiscal year with some possible expenditures this fiscal year of 2025-2026 depending on availability and park needs.

thank you for your enthusiasm um this is this is an administrative item uh Council's approved some work on this in the past in fact we've actually approved a motion very very similar to this in the past And then it was kind of sent to the Trees and Parks Board. They also agree with this, or at least the former board did. The new board will be coming online very soon. And the overall point is essentially we have learned you know, we improve all these parks so much and that's been amazing. What we kind of were slow to do is kind of address how we're going to take care of them. And we have a land management company and they do the rough big stuff. Like they're mowing the grass, they're move this rock, they've got it, right? Install this sign, they've got it. What we don't have are those more educated kind of fine tuning hands On the ground, we greatly rely on volunteers right now, but volunteers don't stay forever and we've had a lot of projects installed by volunteers who don't actually live in the city and don't maintain the parks long term. And so we've kind of left a large burden on our residents in some cases, and we'd like to sort of alleviate that. and and kind of allocate funds for better maintenance of these areas because um you know the native plants matter if we're talking about water and drought and all that and we need people who are informed and can identify them care for them install them remove them etc so okay yes And we have had some people show interest in this already. So, but, you know, city policy kind of requires us to go through these more formal inquiry processes. So if you know of anyone who works in this field and would be a great fit, we would love for you to like direct solicit them to apply.

Yes, I have some names that I'll give.

I love that.

All right. Any other? How did you come up with the ACASA?

It was an estimate based on just sort of what we've been spending on similar work and what people who have volunteered have put in. um so it's kind of a we don't know how much it will cost we have not consulted with someone because we have to pay for that to give us an estimate so that's part of why it says you know with some possible expenditures in this fiscal year if we approve this quick enough you know and you know it closes out there is a possibility that we could bring someone in and start doing hard figure in in in time for the final budget decision but this would authorize unamount but this would not be an employee this would be a it's a contract so just like with our management company we call the person and say hey we need you to take a look at triangle or we said i'm just with stuff yeah all right any other questions concerns All right, we'll go to vote. All in favor, raise your hand and say aye.

Aye.

New nanos, aye. Moving on to item 15, this is an ordinance update. It touches kind of two different areas in the code. They're in the description. Do I have a motion on the table? Oh, sorry. I was reading. I'm sorry.

I move we adopt ordinance number 26-356 of the City of Glendale, Title 11, Business Regulations, Chapter 111, Solicitors, Peddlers, and Itinerant Merchants, and Chapter 112, Food Establishments of Title 11, aligning city regulations with HB 2844 and Health and Safety Code Chapter 437B, thereby establishing registration requirements for food trucks in lieu of permits and separating food-related provisions into Chapter 112. I second.

Right, motion made by Councilmember Richardson, seconded by Councilmember Gart. This is directly from citizen complaints. So we get a lot of complaints about what could we possibly do to reduce the direct solicitation at people's doors. And so we consulted with our attorney and he made some recommendations. And this is a collaboration between him and Jim. Primarily, Jim submitted the permit application for consideration.

and uh stan i guess you could take it away you reviewed it all he wrote he wrote or your team wrote all of this so yeah so it it kind of goes to a unified state system for these permits and requires mobile food vehicles trucks and trailers to register and comply with other health and safety regulations that the state has adopted. And if the city spots a vendor who is not in compliance, they can also report them to the state as well. So there's regulatory authority granted specifically by the state. And we've incorporated that to comply with streamlined legislation that's passed in uh the recent legislative session so it's kind of a no-brainer a lot of clarity that the the city wants to streamline its ordinances with with what the state is authorized yes so with the solicitors there's there's always um a First Amendment issue and I do want that oversight where you can regulate it and require a reasonable regulation so that you don't have dozens of groups that are asking for money or know getting into people's personal space and that way you put some reasonable limits on and some oversight with regard to you know who's who's doing it and you have some reasonable exceptions that um that are allowed um if they follow the proper processes

they don't have to register with the city if people plan to like knock on doors and sell services they need to register with the city and if they're not registered it gives the city an opportunity to say hey your company's not registered with us and you sir are not registered either you have to come to the city there's this fee collector information so it's also a way of like protecting your residence system so it's it's entirely about money transferring right concept it's not the church ladies kind of teleconference it's any solicitors if they're coming to your door and asking for things they would be ready hey if you're stuck to sell somebody's probably gonna try to buy it but um the church yeah no i mean this is talking about when people complain meaning somebody's trying to sell you a group right now it gives residents a recourse to say hey jim there's a guy door knocking he was really aggressive i think you need to go address this i don't think they're registered you know they would have to have something from the city saying yeah they came and they checked in you know it's it's we can't say no but we can set up sort of like these like benchmarks where we're you know trying to protect our residents a little bit more

Yeah, and the residents can put up their no solicitation if that's their desire. And that's recognized, you know, private property rights. There's a balance that has to be struck. It's an incident of city life that you're going to have more and more of this activity. And so you've got to have some reasonable rules on the books to make sure it doesn't get out of you.

Very good from Ron's end. Political and religious are exempt. Yeah, there's some state arbors. Right. And then everybody else, you've got to come here and fill out your paperwork so we know who you are and know all the information. And each person is going to be charged a fee. And so when it makes it worthwhile, you know, it makes them decide whether or not to come.

And it meets the First Amendment tests of what's offered.

Is it an annual?

you get i think it's very good in here well i think if it's if i'm not getting asked my memory which is different but it's the permits for the amount of time they ask for i think there's a massive six months i think right or they can renew within six months but after six months lunch and they have to get another they have to read so if they said i want two days per year And if they don't come back and ask for a renewal, they'll be one. So it's for the duration of that. We'll have some countable minutes. Staff might figure out how to monitor and give them badges or passes or whatever it is. Just something to work through.

Just repeat that.

Any other questions about this item?

No? Okay. It says six months. Sorry, I was trying to find the exact time.

It's in the morning. Yeah, it's in six months.

All right. So we will call the vote. All in favor, please raise your hands and say aye.

Aye.

Unanimous, all aye. All right, we'll move on to item number 17. We do have an individual. It's just 16. I was not reading the right sign. We do have an individual here tonight that would possibly like to speak on this item. So I would like to invite you, if you would, at any time, sir, to introduce it. But I do need a motion on the table from our council. This is concerning the Vietmeadow Road and road improvements and maintenance over there and a licensing agreement to do so.

Yes, James Knight, the manager.

Hold on. We have to have a motion on the table first. Sorry. I just want to invite you up if whenever you're ready.

Okay, I'll do it. I move we accept and sign a license agreement for road improvements and maintenance on the building.

Councilmember Maylor seconds in it. So do you want to introduce your people?

Well, yeah, I'm just sitting here. James Knight, the bill of brook meadows poa match right and uh jim had mentioned this to me as it was a possibility of generating licensing apparently you guys have done support and uh we're taking over the maintenance of the roads it's a little ambiguous who owned them we just assumed we did like a private driveway kind of thing um but uh he ran this by the residents we had a special election

they were thrilled um and there's no really expectation of doing anything right now all right later but uh just the fact that it's going to be you know part of blueprint I think that's so anyway just appreciate you guys taking it up

And so a little back story. Part of this originated whenever we got the Romanians plan from Freeland Turk. This road was not improved. And then we tried to establish who owns it. And there are no clear records on that either. And so it was like, okay, we gave $6,000 like we did the last time to figure out who owns this road. Or we go straight to this license agreement. And this allows the city to basically redo VMNO whenever we're ready, you know. we would have the authority to do so it mirrors exactly what's going on in western with greek potentially any questions or concerns about this license agreement but the last batch of road that we don't have maintenance on was built on that because we've got no the overlook I know we took um only a portion of it so every small paid to lump into our road work and did the rest of them and then Overlook we were able to establish that they actually gave the road to us and so it is not a drive you know we did up to their driveway portions um so this is the last bit of road that we haven't we don't have an improvement plan on yes then it's the only part of the road that aside from western retreat but that's going to be enough that is that height was not reconstructed in the last round any further discussion all right hearing none we'll take a vote all in favor is your name is a high The unanimous aye takes it. Thank you so much for staying with us for such a long time. So, Council, you can expect to see something related to that come up in our budget workshop just because it was identified in the roadmap plan. And so it will be up to you all to decide when and how we act on that. But by signing this license agreement, we can now consider it.

All right.

We'll be taking up item number 17 now. This is related to street closures regarding Halloween, October 31st. Do I have a motion on the table?

then we authorized street closures for halloween on october 31st 2026 from 5 30 p.m to 7 30 p.m and to dress staff coordinate with local law enforcement for contract services not to exceed 500 to staff each closure point with funds to come from the law enforcement budget plan item 10-10-51-16 in the 2026-2027 fiscal year and to direct staff to include in the budget planning process Second.

Seconded by Mayor Patron Rasko. Motion made by Councilmember Richardson as stated in the packet. There's a cover sheet there. Hopefully all of y'all took a little look at it. Basically, We spent a great deal of time trying to decide where we would close the road if we closed it and how many officers would be needed. And since this is our first time doing it, this is the stretch selected and the $500 would cover two officers. The reason this stretch was selected is because of the limited eyesight, the curves, and the hills. Also, it has two parking spaces on either end of it where people could park, get out, and do their business and leave their cars there. It also has turnaround points of these areas where if they were like, no, we wanted to drive through, we're not willing to park and get out and walk, they could, in theory, turn around at the Triangle or turn around in the golf course area. We did confirm with the OMRJJ that they were okay with this use in this plan and there's no concern of them being upset by this at this time so that's that's kind of what's on the table um at this point and the time selected were kind of based on when the peak traffic is and obviously going into the night would present additional safety. However, it's kind of like we had to call it at some point. And after 7.30, most of the smaller children have left the area, which are the main concern. And this partially came up because we did have a child lost last year for period of time. And because of the vehicle traffic at the time, it made it even more difficult to locate the child and kind of heightened the panic and concern of, where the child was would they run into traffic looking for mom you know etc so um you know what creek drive is really really busy on halloween night i don't know if you've ever seen it but it is massively busy the officers would have the discretion of still allowing like the atvs and the golf carts through um but it would prevent all um like actual motor vehicles we have at least one officer on board we'd have to find a second or a man with staff.

He's confident they can give him help.

Yeah. Any questions, concerns, comments?

We've talked about it before with community relations, why aren't we closing for spectacular to run golf carts up and down? Why aren't we doing it for Halloween when Rapid Valley is taking up Blue Creek County community. Yeah.

And, you know, we'll have a lot more information after this year and how to approach it. Can we send it? Did it work? Did it not work? Yeah.

It is going to have to do what Pueblo does.

Yes. Yeah, we'll have to do the fight somewhat like we've done every time we've done the road work. Any other questions, comments, or concerns about Halloween road closure today? All right. Was that your hand? No. All in favor, please raise your hand and say aye.

Aye.

Unanimous takes it. moving on item 18 this is a possible appointment of robert de leon of the typo in his name sorry mr de leon to the planning and zoning commission to serve the remainder of an unexpired term vacated by resignation ending in 2026. really okay don't worry i double checked oh no she's nice yes sir thank you i move that council appoints robert dion to the planning zoning commission to serve the remainder of an unexpired term ending in 2026. a second motion made by Councilmember Kramer whose appointment this is a tied to and seconded by Councilmember Richardson uh he's very good qualified and he attended the meeting already and I think great with me and Z had thoughtful comments input um I think it's going to be a good fit and he's supported by the um chairperson Mr Scott so yes positive yeah Any other questions or concerns about this appointment? All right. All in favor, please raise your hand and say aye.

Aye.

Unanimous takes it. All right. Now on to the infamous boot item. Do I have a motion on the table?

May I? May I?

Sir?

I move that council terminates the Wembley Boot Contract for the boot installation at the Triangle Park, dissolving any formal contractual and informal agreements made in counseling all donations commitments, thereby rescinding the Council vote of May 13, 2026, for this item.

Second.

Thank you.

Motion made by Councilmember Gormart, seconded by Councilmember Bailey.

Mayor? May I? Sure. I will not be repeating the arguments I've previously made regarding the six-foot plastic Wembley boot placed into one of Wood Creek's small parts. I will instead focus on the unethical and illegal element this project presents for the city. But first, I want to apologize for my assumptions at the last meeting when this item was presented to Council for the first time, and I'm guessing that others sitting here had a similar assumption. Given the Mayor's diligent nature, and the fact that the Executive Director of TESPA spoke in support of this cowboy book using the TESPA art poster, and the fact that he had a law degree, I assumed that the artist rights of the artist who made the poster had granted their rights to their work to be used for this Wimberley beautiful Cowboy book from Lincoln. But this kept nagging at me. As it was high and unusual that an artist would give up their rights to their work, that included allowing those rights to be transferable to others beyond the original commission. So I reached out to Amanda Ratty, the artist of the test book poster. and asked her about her license agreement with TESPA regarding the book poster. She said there was no license agreement per se, and that all that she was agreed to was the right of TESPA to print a poster with her specific commissioned artwork, and that in fact, she gave them a reduced rate because she believed in their cause. Amanda retains all rights to her artwork, except that TESPA can print the poster that was commissioned. TESPA has no legal right to transfer the rights of Amanda's artwork, nor can they use the poster artwork for anything but the read-upon poster and any promotion of that poster full stop. TESPA must secure a legally binding written agreement that explicitly transfers the copyright of Amanda's artwork to TESPA, and even then the artist still retains what is called moral rights under the Visual Arts Rights Act . Even if you own the copyright, VRA grants the artist's right to prevent altering, destroying, or rebranding the artwork heavily, or any attempt to claim authorship of the artist's work. Taking Amanda Raffi's artwork and turning it into a 3D plastic cowboy boot is altering her work. If Amanda was a full-time salaried employee of TESPA, and sign an agreement that all artwork created for her employee was transferring the ownership of those copyrights for that work to the employer, then this would be a different story. But that's not what this case is here. Amanda Rowdy is a multi-talented independent artist. The difficult legal position is, without any clear contract or written agreement to the contrary, all rights reserved. That means the artist fully retains the full copyright of their artwork. Under U.S. copyright law, the artist automatically owns the copyright the moment the artwork is fixed in a tangible medium. This gives the artist exclusive right to reproduce, distribute, display, and create derivative works from that work. Also, come to find out with my conversation with Amanda Ravi, I was the first person to contact her regarding the six-foot plastic catalytic project and how her work was being used in the process. Why this matters will involve a bit of education regarding artist copyrights. There are three main court cases that apply here. Two Supreme Court cases and one Second District Court of Appeals, and I believe the last is the most applicable to explain and understand the situation we now find ourselves in. Rogers v. Coombs, 960 F2D 301, Second District Court, 1992. Though this case deals with the concept of parity in the Fair Use Doctrine. The Court found that Jeff Koons was liable to copyright infringement, and my focus is on the Fair Use Doctrine in this instance. Wood Creek doesn't have any argument for fair use, but it is still an important case to understand as it applies to the calendar Wood Creek approved. For those who don't know what the fair use doctrine is, fair use is a U.S. legal doctrine permitting the unlicensed use of a copyrighted material for the purposes like criticism, commentary, news reporting, teaching, scholarship, and parody. That is not a blanket right, but rather a legal defense evaluated on a case-by-case basis using four specific criteria. Those criteria are the purpose of use, the nature of the work, the amount used, and the market effect. In the case of Winpreet's project, as it relates to the four fair use arguments, the purpose of the use, copying somebody else's artwork without adding new meaning favors copyright infringement. Number two, nature of the copyrighted work. Highly creative, imaginative, or original artworks favors copyright infringement. Amount and substantiality of the portion used, copying the entire work or taking the heart, the most crucial or recognizable part of the original, favors copyright infringement. Effect of the use upon the potential market. This last one is a little bit more complex for Wittrich in the two sides of the army. Favors fair use. The use does not compete with or replace sales of the original work. Favors infringement. your copy acts as a substitute for the original or undermines the potential market for the owner's work. But with Amanda Rabie, since she has been told that she would be willing to, sorry, She has told me that she didn't willing to accept $10,000 commission to paint the boot herself, rather than allow another artist to use her own. That would factor into the idea that if Woodcreep proceeds with this project as approved, she can make the claim of loss. So again, favors copyright infringement. So by all four metrics, there is a strong case of copyright infringement happening with this project. Copying someone else's 2D art and making it 3D piece of art is not covered by fair use. which is why I bring up the case Rogers v. Coons. In that case, an artist named Art Rogers had photographed for me a black and white image of a couple holding four puppies, each in their arms, which resulted in a row of eight puppies. He took his image and made a postcard. The artist Jeff Coons took that postcard and had polychrome wooden sculptures made of it in vibrant colors, including the puppies being colored blue. Simply changing the colors from the original image to the new work does not meet the goal of fair use. It must be transformative. And the legal question becomes, does the new piece serve a fundamentally different purpose or message than the original? Jeff Coons attempted to argue that he was making a parody of culture by using the image. Parody is allowed under fair use doctrine. regarding copyright material, the United States Court of Appeals for the Second Circuit found that the artist copying a photograph is liable for infringement when there is no clear need to imitate the photograph for parody. In the case of Wood Creek and the Cowboy Boat, it is an even clearer case of copyright infringement in that there is no intention of any parody involved, nor any other element found under the Faraday's document. And to make Amanda's case even stronger, that her rights have been violated was when the mayor, while presenting her item, included Amanda Rabbie's test poster artwork and pointed to it as what the Cowboy Group would look like, but that another artist named Ashley Dalton would be painting it. Council approved the Cowboy Group for Wood Creek based on Amanda Rabbie's poster art and is commissioning Ashley Dalton to make that work. The City of Wood Creek is the liable entity here. When the mayor made a post on social media, and again, including the Tesla poster created by Amanda Rabin, showing what the book would look like. Again, knowing that the cowboy boot for Wood Creek would be painted by another artist, not Amanda Rabin, and the post included a description of how she came to presenting the idea to council, and I quote, A resident at the Waterwise event saw the Tesco aquifer in a boot artwork and approached me to say it would be an amazing, beautiful Wimberley boot, and I agreed. I would say the true scandal here is the copyright infringement of this project exhibits, not citizens being opposed to the project on social media. Nowhere does their appears to be any understanding or discussion of copyright laws in her or other posts, I do not fault her alone in this, as it is a very specific part of country's laws, and many along the way in this process never seem to mention the issue of artist rights. And again, I will repeat, that is, it is all of our responsibility to do our due diligence with every item that is placed before us on capacity. And I will once again apologize for not questioning my assumption to you. First, this presented to us. While the mayor made posts showing Amanda's work as a boot design, other citizens also continued to make the test poster, post the test poster on social media posts, saying how they supported Woodcreek getting such a cowboy boot, using Amanda's work to show what the boot will look like. At this point, the mayor and those citizens have made a clear case for copyright infringement for Amanda Rabi if this project proceeds. There is no amount of change to Amanda's work of a cowlibbon showing the aquifer layers like any other artist that would get around the clear copyright infringement. I can cite two more important cases of your life that were handed down by the Supreme Court of the United States, hints that all favor the original artist's work. Frankly, I'm disheartened. how many with law degrees have either openly and strongly supported the theft of an artist's work or remain silent, which lead the city into this unethical and illegal situation. Perhaps they too thought the rights of Amanda's work had already been established. FYI, Amanda was dismayed that her work is going to be used by another artist on Woodcreep's 3D cowboy boot and has begun conversations with Tufts' representatives. And she thanked me for alerting her to this project, though that was not my intention. I simply wish to do my due diligence and understand the landscape of her artist rights and what she agreed to. I will remind everyone sitting at these tables that we swore an oath to uphold the laws of this great nation. Copyrights are a part of those laws we must uphold. Please join me in voting aye and rescinding this poor decision and protect the city from any future liability because that's, let's be very clear as who will be liable here. It is the city, as we are the one commissioning Ashley Dalton to paint a large plastic cowboy boot using Amanda Rabbit's artwork. We must rescind this decision until such time as council has given written proof that Amanda Robbie has given up her full rights to her copyright for her artwork, and if those rights are transferable to the city. One of the goals of this piece we are voting on today is about supporting artists. Assaulting artists' rights do not support artists or the arts. Another element of this plastic group is, oh, that comes later.

Yes. All right. So I think there's some confusion about the poster artwork here. Number one, the stratigraphic model is actually modified from Weirman et al. 2010. So Amanda did not do the actual depiction of the aquifer that came from somewhere else, the scientific study. Additionally, the boot poster concept came from another individual. Her name's Karen Ford. And ironically, she got the concept from the Leaning Parabellum. She saw that boot and thought, that would be such a great way to depict the aquifer. So TESPA found an artist to create a poster.

with that concept that I care for.

I will tell you that whenever I entered this discussion with TESSA, I confirmed that we were allowed to use the artwork. now the two entities this artist and tesla are already working out their agreement and i will say that they are not their understanding as presented by councilmember grumert tonight and what tesla understands of who owns the artwork are completely different and so this artist has also not reached out to the city nor filed any complaints at this period of time and i would say if tespa was giving us the authority to use this artwork and if there's some dispute with their authority to do so i would like to leave it up to them to do that and if there's any concern moving forward that it's not going to work we can always bring it back and or not proceed I will also tell you that there has been $6,000 in committed donations to this item. The boot itself cost just over $7,000, $8,000 total with some of the other components in it. There is no $10,000 commission to be had by anyone. The actual artist commissions range from $3,000 max to below. I personally had conversations with the people of TESPA and the committee that runs Bootiful Wimberley, and we have worked out all of these details. There is no, the only concern was a council member wanting to revote this decision. There's no, the boot committee, they have modified the rules of their process for other boots in the past. The city of Wimberley already has a boot. These are not just for businesses. um so the the procedure is being honored that beautiful wenderly committee will still receive a final rendition from the artist we've asked her to hold off because we didn't want anyone else spending any time and they will still have to review and approve they're okay with that tespa is already in conversations with miss rabbi and is offering her some of money if needed they did not say that was needed and they're researching their legal records at this time so that concern while valid is already being addressed by the entities actually involved and if it is determined the city can't move forward then we wouldn't move forward right obviously we won't break a law sir

I'd like to propose that we postpone this item until such time as the original poster artist, Ms. Robbie, approves use of her art for Tespa's and Wood Creek's use, and we receive proper documentation thereof.

I second.

So question, Sir, hold on one second.

We have a motion on the table. Mayor President Roscoe was an amendment to postpone this item pending the artist. We have a second by Council Member Richardson is your discussion. Okay, you can go ahead then.

Do you have a point of information? Could you read this item? This item is about rescinding the vote. This I'm talking to the attorney. Thank you.

and this amendment is suggesting that we don't rescind until it's sort of like a motion table and you know from part of the matrix procedure the the body can decide when to act on emotion and it can take leaning motion so sure

So the motion stands, we can postpone this discussion until we've resolved. The concern that Tesla doesn't have the right to authorize the use of their poster art, which they. commissioned with someone else's idea i i understand you disagree but tespa the owners who paid commissioned etc on the poster gave permission and that's what we operated on and so that's that's where the city is and understanding the rights here stan are you a copyright boy i'm not a copyright do you have some legal background copyright

I mean, I've worked on… If I was an artist, am I… Let me pretend it's personal.

I was thinking to you.

I was answering your question. Yeah. So, I mean, you know, I took an art law class in law school 25 years ago. And, you know, I do agreements for cities, in particular, Pflugerville, there's a lot of sculptures and art. I'll say that every issue is a mixture of the legal rules, that whole bundle of rules, which I was very impressed with the thoroughness of. You got more attention than I do right now on the law. But in addition to the legal rules, there's a mixture of the facts. I find that it's common that a lot of artists don't know what they're giving up. And a contract isn't always written. It can be done by action. There's a lot of nuance to it.

Not when it comes to... Sir, please let the attorney finish. He is speaking. Please respect that.

I'm just trying to say it's a little bit more complicated than that. If you change the facts... then you get a different result on the legal rules. And you're coming in with a broad sweeping statement that there is, I wrote down, you said, no legal right. That sounds really broad to me. I mean, without more facts, without established facts, just because one side says, this is my perception right now, that I didn't give these rights. We have heard from the other parties. There's more to it than that. So I'll just caution. And so what I would suggest is not just the written permission or adequate confirmation that there is permission, And if there's not, you know, and if the city receives some kind of cease and desist, well, then follow the law, like the mayor said. You know, there should be a lot of clarity here. So, I think it is prudent to, you know, get some more confirmation of the facts before moving forward.

There I am.

Sarah, this is your second time to speak. Go for it.

Thank you. Another element of this classic Howard book is the discussion of how visual art communicates and how the project fails in that regards to communicate awareness of water ecology and aquifer health. Visual arts is a form of communication. It is a language which requires a certain level of understanding in order to gain the meaning of a visual work of art. I'm going to focus on one element of this, which is a six-foot plastic boot. In the late 1800s, in the advent of photography, there began the discussion in earnest about materials and the mediums used in art and what effect it has on the meaning of work. This discussion became centered to how we understand work, and it was further explored by the surrealists, the dadaists, the French Impressionists, and Pop Art, just to name a few, and then later art critics like Tom Greenberg, who championed this medium essentialism to validate abstract art. In 1964, all this discussion culminated in a book by Marshall McLennan titled The Medium is the Message. While primarily the book is about medium communication philosophy, the idea fundamentally shifted art theory. It proposed that the physical nature of any medium dictates how we perceive and experience a message, and that is the title states, the medium, or as we'd like to say, the materials used become part of the meaning of the piece of art. Also in the 1960s, the structuralists and poststructuralists such as Roland Barthes further instilled that the materials used is essential to the understanding of the piece of used visual communications. Let's critique the six-foot plastic, literally, cowboy. He's not speaking to the men.

Yeah, well, and also motion to postpone is something that has to be taken on the afternoon.

Yeah, I mean, this is, this is, there's an amendment proposed, it's seconded. I think we need to discuss the amendment postponed. I mean, you're getting into some really interesting information, you know, about the history of our houses and everything else, but that doesn't really have anything to do with whether we postpone it or not, does it?

Or whether or not we take off this item that was already approved.

I'm not talking about distinction, I'm talking about, I mean, I didn't realize there, I, when, when TESPA came to us and said, said, hey, look at this, and we went, oh, that's pretty cool, you know, the assumption was that it had all been a right, this is their art to give, and if it's not, we cannot, you know, we cannot approve anything, we can't go forward with it if it's, if it's a copyright infringement versus correct, you know, but If they are in negotiation and they could come back and say, yes, I'm good with it now, then let them do that. But until they do, I think we ought to give them a chance to work it out and come back to us.

And the artist deserves the full facts because somebody misinformed her about $10,000.

No.

Do you have any information, Council Member Bailey, and is this related to the postponement? Technically, no further discussion can occur other than the postponement.

Yes, regarding the postponement. There are some other factors. Rather than just kick this can down the road, this artist's reputation is going to be hurt by all this controversy.

Oh, it's already been hurt. We've already hurt people. The city of Woodbrook and some of its representatives have already hurt people.

We had 168 signatures on a petition. Now you could say, well, there's people for it, people against it. But there was a very strong voice against it. Part of that was that the citizens haven't been heard. So if you just take it down the road, let's bring it back, let's slide it back in. Are we going to need another couple hundred signatures to stop it? There's enough against us right now that maybe it's just a good idea to send it.

And the ambassadors, which we were not informed about,

were representing the neighbor to neighbor group walking the city without permission you are speaking you emailed me and said two individuals did that no i did not okay two individuals were given an ambassador package but also what i would like uh the attorney's opinion and isn't that the strength of speech isn't that against the First Amendment to say that you can't be an ambassador and carry a petition.

You cannot represent the city and carry a petition like that. That's absolutely true. And to quote, two ambassadors misunderstood their role as ambassador and confused it with the petitions. I got explanations and duties of the ambassadors, and this was handed out at the same time as the petition.

Go on. Yes, but only one person talked to anyone. And then that would happen to be Jim's wife, the only one person.

And she was walking around representing herself as neighbor to neighbor ambassador. And this was changed.

You said two people. But only one walked around. I didn't explain thoroughly. that there were just two things happening at the same time. Can we get the record straight?

The public meeting was posted two weeks in advance. The public meeting for which this occurred was thoroughly discussed online. People had every opportunity to voice their opinion on this, and they didn't until a campaign to solicit negatives started. After the fact, weeks later, after the city had already made a commitment by vote to these people, So the public had every opportunity to voice their opinion and they said nothing. After the social media campaign was started to undo a council vote. Yes.

This is not proper.

Having a public meeting and it being publicly noticed two weeks in advance and taking public comment and having no public comment on the item is not proper process.

I will remind the mayor that it's not her job to debate us. Your job is to facilitate our research.

Which right now, there is a claim that proper process wasn't followed, which is my job to administer.

And you also made the claim that I made a post to advocate to rescind, which was not the intent of my post.

I don't remember saying that.

You just did.

I said there were no public comments about this until a social media post was made about the item after council meeting vote already occurred. Then an item was submitted the very next day to rescind this based on that social media post.

You do not.

By the same individual. I actually do.

There was discussion all over.

it just wasn't bad no you made a post Sunday you submitted your item for reconsideration I know whatever on the Monday the next I will double check with that but I don't think so because I remember thinking on it for several days there's some a citizen reached out to me I have the time stance Mr very great thanks but the intent of that post is not to rescind it like the attempt was it had been decided that I wanted to let the citizens know

Either way, we have a motion on the table. The motion is to postpone this discussion until the copyright issue can be addressed because we don't want to infringe anyone's copyrights and we were operating on the understanding that the people who commissioned the work had the rights to give it away. If they don't, that's between them and the artist, and they are already in process to resolve it. If you would like to postpone this discussion based on that item, we will take a vote on that amendment now. All in favor of postponing until the copyright information is resolved, please raise your hand and say aye.

Aye.

Three ayes, the item is postponed. All in a nay against it, we still have to take that vote. Nay. Two nays. The next item on the agenda is number one from the consent.

I move that council approve the regular city council meeting minutes for May 13, 2026, and include the following edit to the item 12, which states the motion made by Councilmember Grummer as follows. I amend that council takes this item and creates a subcommittee of Mayor Pro Tem Rasko, Heather Carter, and Councilmember Grummer, explore the creation of unique site-specific direction of public visual arts in grid creek in wood creek that integrate and become part of the wood creek environment and boat motion made by council member grummer after discussion with the city attorney the mayor decided that the amendment was not applicable so no second was sought for the amendment amendment does sorry

That's yeah. Councilmember Sundberg seconded by discussion. City Secretary, did Councilmember Gromert submit the wording for that item to you?

I'm just going to go by emails. I only have for item 11.

Yes, it was determined during the meeting that the creation of a subcommittee was not in the agenda related to arts because the discussion of the item was related to that in particular. So yes, with the attorney consult, we did not move forward.

Yes, but I made devotional. It's not in the minutes.

Because it's not an official part of the record because it was never seconded or voted upon.

But the minutes are reflecting motions.

No, actually, we don't always reflect motions that are not seconded or acted upon, especially if they're determined to not be in POMA compliance. But we can vote on your amendment to add it, sure.

City Attorney LeMay? Yeah. Your take on this?

practices vary on limits and parliamentary procedure and minute orders um so I think you know what the mayor stated is correct that you know you would go with what's Toma compliant and what the actual minute order is not um something that wasn't compliant with the agenda item that was being considered but

So we need to take a vote on this item. If you do not wish to add the non-TOA compliant language that was made in the meeting, then you vote it down. If you wish to add that language, then you vote yes. Does that make sense? So Council Member Grummer made a motion to approve the minutes with added language that during the meeting was determined to not be in compliance with TELMA. So nothing was acted upon. It's not a part of the official record, which are the actual actions of the body. If I could paraphrase.

Yeah, you want to go with the minute orders of the body, the actual minute orders. For them, it's in the item.

So if you disagree with adding that language, then do not vote yes. If you want to add the language, vote yes. Any other discussion?

Can you just repeat your, I'm sorry, but your other people?

I amend that council, to add this part, I amend that council takes this item and creates a subcommittee of Mayor from Tenrasco, Heather Carter, and Councilmember Grummer to explore the creation of a unique site-specific direction of public visual arts in Wood Creek that integrate and become part of the Wood Creek environment. Motion made by Councilmember Grummer. After discussion with the City Attorney, the Mayor decided that the amendment was not applicable, so no second was sought for the amendment. Amendment dies. That's the exact one.

She hasn't spoken yet.

I just had a question that

And I don't have it up in front of me now, but it was accepted as a future agenda item that we would discuss creation of the Public Arts Committee.

He presented that, yes, ma'am, and it received a second, but no item has yet to be submitted on that. That's where I thought it was.

That was the point I was going to bring up. I just sort of assumed it, okay, it'll just show up on the agenda.

That's what I was looking at, is the creation of the committee based on that.

future agenda item yeah there's nothing wrong with that the creation of the committee the problem during the meeting is that it was not related if it had been stated differently and was applicable to the actual item I would not have been ejected but it did not even relate to the item it was a wholly new thing it literally says I am in that Council takes this item and creates a subcommittee Sir, we're not debating what you said in that meeting right now. The current motion on the table is whether or not we add non-TOMA compliant things, which we consulted with the attorney during that meeting, that were not a part of the official record because they did not result in counsel action to a meeting.

And his words were, it's the mayor's decision.

And? You said that it is not typical to include things that are not part of council actions into the minutes.

No, I'm talking about the original motion.

Holy moly. At this point in time, unless anyone has anything new to add to this discussion, Mayor Raskin, you have your hand up.

No.

So if you want to add this to the minutes, raise your hand and say aye. Aye. Three ayes. Aye. do you want to add it to the minutes or say if you don't raise your hands in there all right the minutes are now approved with the addition can i ask a question now with these additions so now am i needing to put if stuff does not get seconded in here or do not get voted on in future works because i never know yeah it's not a policy change it's just the

Extra legislative history.

It confuses. And I would recommend that you go back and watch the meeting to find the actual wording that was said.

And I will send it to you.

Actually, she will go back and review the meeting to create her record. Thank you.

I wrote it up to myself for a minute.

Please respect the decorum of the meeting.

Just because I know like whenever I started from like say resident reading minutes, it gets confusing if you read an amendment and it wasn't actually an amendment that was passed or voted or seconded, right? So I don't leave it to where you can follow the chain of like what

What process?

Yes, this is completely out of norm for our policy. Please review the minutes of the meeting to include the language that was stated in the meeting. That's just for this one. Yes, ma'am. We will not make a practice out of adding things that do not result in council action. unfortunately i missed a comment for this it says please have this letter read in this item may 13th city council meeting the wood creek council approved the purchase of a ten thousand dollar boot to the wimberley valley art alliance without following normal procedures the committee said here allowing council discussion i'm wasting my opinion that i disagree with the council's action council discussion on the item did occur that is the statement effect that oh i'm sorry this is diane stewart um i will say that uh reading public comments is coming into question so i don't know if we'll be then we'll have to come in attendance and read our own all right y'all um we have reports from officers left in this meeting we're ordering four hours now um if we could try to keep these i can be helpful with that removing my number three

heard it was actually the city administrator's time to speak but thank you right yes sir uh sheriff's package would be self-explanatory I want to note that there was a individual pulled over that had a warrant for arrest after chasing people down and that's all interesting so but he's sticking with his his the way he does it if it's a moving violation it's something else and on top i'll just add that we're now he's not just here the same day same time he's fluctuating morning afternoon different locations different locations In case y'all didn't know, several months ago, I requested that he be our only guy, because he does the best job. So he's basically, the comment he made the other day when he came in, it's like the sheriff kind of said, that shared area of operation, if you handle it, you can handle it. So yes, on that report, which... anyway code enforcement uh still going a while we have we'll set out three trailers three vegetations you know all grass that kind of stuff a couple of loose dogs the only thing they haven't left is one trigger numbers off so things are happening he's sending out making contacts and keeping the place i'm trying to move on right yeah well you're next i was gonna have uh melody the just updated but i'll do it the westwood for anything here not that blitzenberg hollow really turns working on a proposal and addition serves additional services and finalizing the plans be ready to go make that contact for at least once and then i have that discussion so real quick um city hall updates um going back to deputy morgan he will be patrolling july 4th from like 8 to 12, so to help with fireworks fire. He is? He's going to do it. Oh, wow. He wasn't going to be able to, but that's without the, his boss said, you know what you do? Just, when you're done, come back. So he'll be working until 3. He's going to be in our area, in our city, for the evening of, well, 9 of, close to July. Cool. Yeah. um i did meet with the fire chief last week and discussed um potential for the emergency side with the new fire station he's like he was um uh very open and very excited he's like you know what i hadn't thought of that that's a great that's a great idea we definitely can partner on that so there's interest when partnering with them on the summer morning side uh he also brought up um our fire marshal services and the lack that we don't have any. He was asked if we'd be interested in possibly doing an interlocal agreement with the fire department to do our fire marshal stuff along with that and enforce our burning rules and nothing. So that's it. Most definitely, we're very much interested in that. Get it going. And then last, but probably most importantly, The audit should be ready for July, April. So everybody that says I'm not transparent over behind 17 different audits, will be presented to me, with with Michael. That's it, that's all I got.

For the mayor's report regarding MH-1 zoning, you might see that Planning and Zoning is taking this up. I encourage you all to watch their meetings so you can be informed on it. The first one is already posted. They'll be holding a second one. This item will be obviously coming to us. The state could better elaborate on this, but the state determined that you have to have a zone for manufactured housing. And we already have it in our code. And then we learned that even though we don't have commercial zoning, the businesses that we do have count as commercial. So we are subject to meeting the state requirements on this. And so we do need to find an area to designate for manufactured housing. And what planning and zoning is also working on is tailoring what's in our code to better suit our needs to add some requirements that we're going to make sure it's legal, right, that they would like to see should any of these houses come into that zone in the future. Yeah. But I can't stress it enough. I would really appreciate it if all council members tuned into those meetings and watched them so that we don't have to have a redundant kind of meeting Because they're already speaking with the attorney and producing a lot of really important information in that. And now I'm in their report.

Council Member Bailey? Well, I touched on this before slightly. I'm just pursuing some ways that we can help our senior population. We've had very serious deaths. Women who died were, you know, I don't care what kind of person you are. You don't want to die suffering alone. So I hope we can identify people. On just my street, there are a lot of, well, there are five people over 80, a couple of them close to 90. And the trend is for more and more people to live alone. So my hope is to try to identify seniors, live alone, just to have some kind of a communication and an offering to get brides or whatever we can do. So I'm in the process of gathering up my baste. Can I add too, Hirsch?

We discussed this last week and just, was it last week? Two weeks ago, whatever. Yeah. She's got some good ideas and great things here that I think is very important to give that information to those in need because there's a lot of things that would help. Yeah, instead of calling 911, you could call this and that. So it helps with that too. So I encourage you all to look at that if she gets ready for her presentation.

Great. Those are good things. Very important.

Any other additions to the senior items? Obviously, if any action items are to follow, they would immediately be announced. and and get a second any programs you plan to bring forth it would need to be submitted through the agenda submission process and follow um that's it we're working okay I figured I just wanted to be clear so people aren't confused whenever I say hey that didn't I can't we need to do that process that we've been piloting for quite some time now Council considerations for future business I I have one Do you all have any?

No, I don't have one in the works.

Okay.

Y'all may not have noticed this or maybe you weren't keyed into it in looking at the Western Wood Creek work, but a couple of trees didn't be taken down in it. And the property owners are fine with that. And we said, hey, the city, I'll bring it to council to consider replanting of cypress trees. They're not all cypress, but we would put cypress trees in. And I'll bring that back to council. Should I get a second? Second.

Thank you.

Yeah.

And I will say that.

I thought she was saying, I don't want to get back to council. You know, if I get a second, but at the meeting, at the meeting. No, no, no.

I mean, you can't discuss it anymore. Any additional announcements I have? One, we have City Volunteer Opportunities Community Relations Committee is now looking for two members again. They had one after a meeting and sort of the obligations there decided it wasn't a good fit for her. So I don't know that we have a formal letter of resignation, but she has submitted verbal resignation to other members and she has not offended since. So we plan to bring that up should we have any application. the trees and parks board member um we still have a place on that also we have our special budget meeting coming up with a workshop on june 24th for our first pass over our budget okay uh can i get a motion to adjourn uh this meeting is adjourned at 9 55.

Well, yeah, I don't know.