REGULAR CITY COUNCIL MEETING OF THE GOVERNING BODY OF THE CITY OF BLANCO Tuesday, November 9, 2021 6:00 PM Gem of the Hills, 2233 US-281, Blanco, Texas 78606 Please join my meeting from your computer, tablet or smartphone. tps/pohalgolometingcomon7400741 You can also dial in using your phone. United States:: +1 (646) 749-3122 Access Code: 724-007-421 New to GoToMeeting? Get the app now and be ready when your first meeting starts: t/Aoiscomcinesm/malra. Notice is hereby given that ai regular meeting oft the governing body oft the City of Blanco will be held on Tuesday, November 9, 2021, at 6:00 pm at Gem oft thel Hills, 2233 US-281, Blanco, Texas 78606. CALL MEETING TO ORDER: 1. Roll Call/Establish a quorum: Mayor Rachel Lumpee (Present/Absent) Mayor Pro-Tem Sauceda (Present/Absent) Councilmember McClellan Present/Absent) Councilmember Smith (Present/Absent) Councilmember Barron Present/Absent) Councilmember Divine Present/Absent) 3. Announcements (No Action May Be' Taken) 2. Pledge of Allegiance 4. Public Comments: The City Council welcomes public comments at this point. Speakers must sign up before thei meeting begins and indicate the subject the speaker wishes to address. Speakers are. limited to three (3) minutes each, which cannot be donated from one speaker to another. The Council cannot respond to: matters not listed on the agenda until a future meeting. 1IPage City Council Agenda -November 9, 2021 Presentations: 1. Presentation by Aqua Strategies: Assessment of Costs for Two Wastewater Disposal 2. Presentation on Aquifer Storage and Retrieval (ARS); Charles Schoening of ARCADIS Strategies for the City of Blanco (Nick Dornack, The Meadows) Staff Presentations: 1. City Hall (Kelly Kuenstler) 2. Public Works (Ronnie Rodriguez) 3. Police. Department, (Chiefl fRubin) Consent Agenda: Thefollowing items may be acted upon in one motion. No separate discussion or action is necessary unless requested by the Mayor or a Councilmember, in which 1. Approval ofMinutes from the October 12, 2021, Regular City Council Meeting. 2. Approval of Minutes from the November 1,2 2021, Special City Council Meeting. 3. Discussion, Consideration, and Possible Action on Assignment ofMembers to the Capital Improvement and Asset Management Advisory Committee. 4. Discussion, Consideration, and Possible Action on the City of] Blanco Participating int the Opioid Abatement Fund Settlement in the Amount of $6,191.00. 5. Discussion, Consideration and Possible Action on Approval ofWater Shut-Offs for the Old Business: Discuss, Consider, and Take. Appropriate Action on the Following: 1. Discussion, Consideration, and Possible Action on approval of Ordinance 2021-0-013 Collection, Distribution, and Usage of Rainwater in the City of Blanco Councilmember those items will bej pulled for separate consideration. Months of November and December 2021. Smith). New Business: Discuss, Consider, and' Take Appropriate Action on the Following: 1. Discussion, Consideration, and Possible Action on Approval of Ordinance 2021-0-012 on Opening Invocations Before Meetings of the City Council ofBlanco, Texas 2. Discussion, Consideration, and Possible. Action on the property located at 301 Misty River Run & Jones Street (Interim City Administrator, Kelly Kuenstler). 3. Discussion, Consideration, and Possible Action on City ofBlanco Property Known as Pecan Bottom (Interim City Administrator, Kelly Kuenstler). 4. Discussion, Consideration, and Possible. Action on Proposal from Mainstreet Architects, Inc. (Interim City Administrator, Kelly Kuenstler). 5. Discussion, Consideration And Possible Action on an Ordinance Amending and Modifying Ordinance 2016-0-09 (Adopted 8/29/16), Codified As Section 12.01.002 of the Code of Ordinances of the City of Blanco, and Prohibiting Provision of Water Outside City Limits Except in Limited Circumstances (Councilmember Barron). 6. Discussion, Consideration, and Possible. Action on Clarifying Blanco Sewer Rates 7. Discussion, Consideration, and Possible Action on Extension Agreement between the City of] Blanco and Six-Wheeler LLC (Interim City. Administrator, Kelly Kuenstler). (Councilmember Smith). (Public Works Director, Ronnie Rodriguez). 2/Page City Council Agenda -November 9, 2021 Executive Session in accordance with Texas Government Code: in accordance with the authority contained in the Texas Government Code, Sections 551.071 and 551.074. 1. Texas Government Code Section 551.071 (Consultation with. Attorney) and Section 1.05, Texas Disciplinary Rules of Professional Conduct. Confer with City Attorney regarding legal issues associated with Water & Sewer Extension Agreement between the City of 2. Texas Government Code Section 551.071 (Consultation with City Attorey), Section 1.05, Texas Disciplinary Rules of] Professional Conduct and 551.072 (Real Estate): to wit, Discussion with legal counsel to obtain legal advice related to possible reclaimed water Blanco and Six-Wheeler LLC. contract between City and Chamaco Mio Investments, LLC. Take any action as a result of Executive Session. Adjournment This agenda has been reviewed and approved by the City of Blanco, Texas' legal counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion oft the meeting, considering available opinions ofacourto ofrecord and opinions of the Texas. Attorney General known to the attorney. This provision. has been added to this agenda with the intent to meet all elements necessary to: satisfy Texas Government Code Chapter The Council may vote and/or act upon each of the items set out ini this agenda. The City Council fort the City ofBlancol has thei right toa adjourn into executive session at any time during this meeting to discuss any matter authorized by Texas Government Code Section 551.071 (consultation with Attorney), Texas Government Code Section 551.072 (Real Estate), and Texas Government Code Section 551.074 (Personnel Matters). The City Council for the City of Blanco may discuss, consider and/or act on any item listed in Executive Session in Open Session or move any item 551.144(c) and the meeting is conductedi by all participants in reliance on this opinion. from,Executive Session to Open Session for action. How By: Laurie A. Cassidy, GGmi4 City Secretary I, the undersigned authority, do hereby certify that the above Notice ofl Meeting oft the Governing Body oft the City of Blanco is a true and correct copy ofs said Notice and that Ij posted a true and correct copy ofs said Notice in the window ini the City Hall of said City of] Blanco, Texas at a place convenient and readily accessible to the general public at all times and said Notice was posted on the 5th day ofNovember 2021 before 5:00pm and remained sO posted continuously for atl Bast 72 hours preceding the scheduled time oft thei meeting. Saue a Laurie. A. By: y Cassidy, City Secretary 3/Page City Council Agenda -November 9, 2021 TEXAS*STATE UNIVERSITY The rising STAR of Texas October 30, 2021 City ofB Blanco 3001 Pecan Street Blanco, TX 78606 Council Dear Ms. Kuenstler, Attn: Kelly] Kuenstler, Interim City Administrator RE: Blanco Water Reclamation Task Force recommendation for consideration by Blanco City As Director of Watershed Services for The Meadows Center for Water and the Environment, I have served as the official facilitator oft the Blanco Water Reclamation Task Force (Task Force) commissioned by the City of Blanco in September 2020. Thej purpose ofthis memo is to formally present a key recommendation of the Task Force for City Council consideration and possible action. Task] Force Recommendation In consideration of the facts and analysis undertaken by the Task Force over a 12-month investigation, a unanimous vote ofall members resulted in the following recommendation: The City of Blanco should pursue aj phased and/or hybrid permitting approach through the Texas Commission on Environmental Quality to obtain a Texas Land Application Permit (TLAP) that would ensure no direct discharge of municipal effluent within a time period not to exceed 18 months or until the City gets TLAP infrastructure in place, whichever occurs It is anticipated positive action by Council on this Task. Force recommendation would save the first. Cityoft Blanco $1,090,0001 when compared toj pursuing a discharge permit. Task Force Background The Task Force was established in September 2020 and has been facilitated by The Meadows Center for Water and the Environment at Texas State University under aj joint Memorandum of Understanding with the City of Blanco. The Task Force includes appointed representatives from both the City ofBlanco and Protect Our Blanco. The Taskl Forcel has engaged its members with 12 official meetings including interviews with key staff for the Texas Water) Development Board and the Texas Commission on! Environmental Quality. The Task Force has utilized outside funding to THEI MEADOWS CENTER FORY WATER. ANDTHE ENVIRONMENT 601 University Drive Spring Lake Hall, Room 108 I Sanl Marcos, Texas 78666-4616 phone: 512.245.9200 Ifax: 512.245.7371 I WAMEADOWSCENTERTASTATEEDU This letteri is ane eledronic communication) from Texas. State Universipy. THET TEXAS STATE UNIVERSITY SVSTEN" secure two engineering reports led by Aqua Strategies and KIT. The' Task Force has worked with the City of Blanco to support potential funding opportunities for achieving the short and long-term water quality goals of the City including a Project Information Form (PIF) on record with the Texas Water Development Board. The PIF willl be used to secure federal infrastructure funds or other state-run financing programs to enhance water and wastewater infrastructure for the City. Thei recommendation and discussion below are the result oft thel long hours and dedicated work of our Task Force members and City staff. It should be noted that the designated City Engineer, Mr. Tom Turk, was consulted throughout the Task Force investigatory process, providing valuable feedback and information. Discussion and Considerations On July 13, 2021, the Blanco City Council considered a report by Aqua Strategies and KIT commissioned by the Meadows Center for Water and the Environment, "Blanco TPDES Refinement Study". Based on the findings oft this report and discussion from the City Engineer, City Council members voted unanimously to support Task Force recommendations to double existing wastewater treatment plant effluent storage capacity and seek additional lease agreements for reuse and disposal of treated effluent. A Task Force recommendation to pursue a' Texas Land Application Permit (TLAP) was not accepted at the July 13, 2021 Council meeting prompting additional work by the Task Force and a subsequent engineering and cost analysis study to compare the costs oftwo wastewater permitting options for the City ofBlanco. Upon guidance from the Task Force, Aqua Strategies and KIT have submitted the attached report "Assessment of Costs for Two Wastewater Disposal Strategies for the City of Blanco - REVISED". The Task Force recommendation presented in this memo is based on the findings from this report and discussions over the previous year with City staff, state agencies, civil engineers and local stakeholders. One key finding oft the attached report serves as the driver for the Task] Force recommendation presented in this memo: the addition ofa92milliongallon. lined storage pond would provide sufficient capacity for a 0.225 MGDTLAP when combined with 100 Recognizing that the financing and infrastructure to secure a 0.225 MGD TLAP are not currently in place, the Task Force has recommended a phased or hybrid approach to secure both the environmental. and economic advantages ofa' TLAP for the City of Blanco. The phased approach would require revisions to the current permit application, including ai new time-limited phase and updates to effluent limits and monitoring requirements. The primary benefits ofthis approach to First, aphased or hybrid permit application would allow the City to operate the existing wastewater treatment plant utilizing existing infrastructure while allowing time for funding and construction ofadditional effluent storage. The only minor infrastructure enhancement would include a diverter box at the outfall bypassing Pond #2 to ensure Type 1 effluent is available for reuse irrigation. The time limited phase of the permit also provides a grace period for discharge while formal lease agreements and distribution infrastructure are added to the system to satisfy the requirements of Second, initiating a time-limited phase for a Texas Pollutant Discharge Elimination System (TPDES) permit that would authorize a discharge to the Blanco River while the City works to fulfill its goal of no discharge through a' TLAP significantly reduces overall costs and minimizes thei risk ofa an expensive contest case hearing process. Potential litigants willl have to acknowledge acres ofa agricultural irrigation. the City of Blanco are two-fold. the TLAP. Page 2 of4 that the City has participated in ai multi-pronged stakeholder engagement effort to identify best-fit solutions for wastewater disposal andi is bound to aj permit that will achieve no-discharge standards Further consideration "Assessment of Costs for Two Wastewater Disposal Strategies fort the With the City Council's intention to double existing storage capacity and goal to avoid discharge into the Blanco River, a phased transition to TLAP is the most environmentally protective and economically sound pathway for the City ofBlanco. The attached Aqua Strategies and KIT report considers two scenarios. Scenario 1 includes the construction of a 9.2 million gallon pond, a combination of City-owned land and long-term irrigation leases and additional permitting costs associated with the likely conditions of a 0.225 MGD TLAP permit. Scenario 2 includes construction oft the same 9.2 million gallon pond and assumes costs associated with a 0.225 MGD TPDES permit that would allow discharget tot thel Blanco! Riveri in situations wheret the City exceeds What really differentiates the two scenarios presented by Aqua Strategies and KIT is the administrative and regulatory approach that ensures no discharge under Scenario 1 while Scenario 2d details a more uncertain and costly pathway that gives service to Blanco's commitment to increase storage and reduce impacts to the Blanco River but likely results in the City's need to exercise its option to discharge. Scenario 2 presumes significant additional costs to maintain environmental standards, construct a discharge pipeline across an adjacent property and to cover projected legal fees associated with an almost certain contested casel hearing. While operations and maintenance (0&M) requirements differ between TLAP and TPDES, it is assumed that the difference in annual 0&M cost of either approach would be negligible. Table 1 presents the projected costs associated with each scenario, with TLAP estimated to save the City of Blanco Table 1-City of Blanco cost comparison for two scenarios. From "Assessment of Costs for Two Wastewater Disposal Strategies for the City of Blanco REVISED" within an exceptionally reasonable timeframe. City of Blanco REVISED" its capacity for storage and use ofreclaimed water. $1.090.000. Scenario1 TLAP permit TPDES permit $1,232,420 $60,000 $0 $0 TDB $0 $1,292,420 Scenario 2 $1,232,420 $0 $200,000 $200,000 $0 $750,000 $2,382,420 Expense New Pond Permitting* Pipeline Nutrientreduction Land acquisition Litigation** Total * Note: Net costs, above those of Scenario2. ** Assumed cost, which might! be much higher. Note: Removing the' "new pond" cost from Scenario 2 - TPDES permit, was not considered by Aqua Strategies and KIT based on the City Council's unanimous vote to accept a' Task Force: recommendation to double existing storage capacity. While removing this cost would be significant int the short-term, iti is likely toi increase other costs, notably those associated litigation and future expansion. Page 3of4 Third Party Monitoring To support the City's commitment to maintaining al high standard of operations, to facilitate a One Water future for the City of Blanco and to inform and educate the public, The Meadows Center for Water and the Environment at Texas State University is prepared to support additional, third-party water quality monitoring for City of] Blanco wastewater treatment plant operations through ai new agreement or revision to the existing MOU with the City ofBlanco. Next Steps Should thel Blanco City Council vote to affirm this recommendation ofthe Task Force, the City should immediately direct its engineer, to engage in communication with Texas Commission on Environmental Quality permitting stafft to finalize details ofare revised permit application. The Task Force is happy to facilitate, engage and provide ongoing support throughout the permit Please feel free to contact me for additional information at 512.213.7389 or at revision and application process. nickdomakurlatecd. Sincerely, Nick Dorna Nick Dornak Director of Watershed Services, Thel Meadows Center for Water and the Environment Page 4 of4 AquaStrategies Water Planning, Science &8 Engineering Assessment of Costs for Two Wastewater Disposal Strategies for the City of Blanco Revised Tot Frams Dater introduction Nick Dornak, The Meadows Center for Water and the Environment Keith O'Connor, PE and Barney Austin, PhD, PE October 29, 2021 The City of Blanco (City) is currently treating a daily average of about 0.145 MGD of wastewater. For planning purposes and to be consistent with the City's current permit amendment application, the Blanco Water Reclamation Task Force (Task Force) has requested that the Aqua Strategies team consider the costs of1 two scenarios, both of which are based on an average annual effluent production rate of 0.225 MGD. This daily effluent treatment rate also corresponds tot the capacity oft the wastewater treatment plant (WWTP). Thei first scenario involves the construction ofs sufficient on-site storage and acquisition ofl land for disposal through irrigation: such that discharge would not be required, eveni in extreme events. An expansion of the City'sTexas Land Application Permit (TLAP) would be required in this case. The others scenario also involves construction ofap pond and the discharge oft treated wastewater into thel Blanco River during wet conditions using a Texas Pollutant Discharge Elimination System (TPDES) permit. The City would seek to continue toi irrigate its own property, andt that of neighbors through long-term agreements. Specifically, thet two scenarios investigated are as follows: 1. No discharge to the Blanco River, where additional storage is built and the existing TLAP is expanded in orderi to preclude ther need to discharge, even under prolonged and extremely wet conditions. Estimated costs include the construction ofal large, lined storage pond that would! be used as part oft the system fort thei future sale of Chapter 210 reclaimed water. 2. ATPDES permit that allows overflow from the ponds tot the Blanco River. This scenario would alsoi involve increasing existing storage constructed near the WWTP site! buti it alsoi includes the cost of construction ofay pipeline through the Palmer property for disposal oft the effluent, and additional treatment needed to meet anticipated Total Phosphorus levels in the range 0.151 to 0.25 mg/li int the discharge permit. This scenario would seek customers for the reclaimed water and not require a TLAP permit. Technical approach and assumptions The analysis concluded that both scenarios would benefit from a doubling of the existing storage to handle effluent production rates at 0.225 MGD. For the TLAP permit scenario, 100 acres of land would ber needed to dispose oft the treated effluent. This entire pond capacity and acreage would not be needed untilt the WWTP is handling closert to 0.225 MGD (60 percent more thant the current rate of production) but are good numbers for planning purposes, consistent with the' "Phase !"i in1 the City's current permit amendment application. 1 Assessment of Costs of Two Wastewater Disposal Strategies fort the City of Blanco Fort the TPDES scenario, no land is needed at alll because all of thet treated wastewater could be discharged into the Blanco River. However, that is not desired by either the Task Force or the City, and the City's engineer has expressed a desiret to expand the storage on-site. The amount of landi irrigated through agreements with adjacent landowners will dictate how much wastewater willl be dischargedt to Itisi important to notet that thes schedule of uset for aTLAP permit is different than what it would be under agreements withl landowners growing hay. Undera aTLAP agreement, TCEQ typically allows irrigation ally year long, as long as the ground is not frozen or saturated. When reclaimed wateri is provided for hay production, for example, thel landowners may not want1 that water outside of the growing season. This is an important distinction int the water balance assumption fort thet twos scenarios. The table below shows thev water use distribution assumed. For thel TLAP permit scenario, the amounts would havei to be negotiated withl TCEQI but because there is al TLAP permit inj place already for the City, and the land nearby has hay production (and therefore decent soil) the authors are confident the final numbers would not bei too different. However, further assumptions have been made in the water Table 1 -A Assumed irrigation distribution for two scenarios (inches per day, average for month)? the river. balance calculations-. Month Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec TLAP 0.103 0.103 0.103 0.103 0.103 0.103 0.103 0.103 0.103 0.103 0.103 0.103 TPDES 0.000 0.000 0.060 0.100 0.220 0.260 0.270 0.150 0.180 0.110 0.020 0.000 Iti is important to note, as the authors didi int the previous report, that while both land fori irrigation and storage are required for disposal oft treated wastewater, there is at trade-off betweeni thet two. For this memo we have sought to minimize the cost of pond construction, and conversely maximize the amount of land being used, assuming that agreements withl landowners could be obtained at veryl little cost to the City. Thei figure below (Figure 1)shows whatt the relationship betweeni thet two looks like fort the City under both scenarios andi reflecting different schedule of use ofi the treated wastewater. Numbers Fort the water balance calculations, the authors assume noi irrigation will occur the day after a rainfall of 0.25 inches or more, but can otherwise occur ally year long, subject tot ther monthly distribution showni int thet table. 2Int thet table, the TLAP numbers area assumed but likely closei to what TCEQ would approve after fulla analysis. The Reclaimed water numbers reflect the distribution proposed ini the City's TPDES permit amendment application. 2 Assessment of Costs of7 Two Wastewater Disposal Strotegies for the City of Blanco presented reflect the desire fori no discharge and thes storage-irrigation scenario required to achieve that. 300 250 200 150 100 50 0 ---TLAP ---TPDES 5 10 15 20 25 30 35 40 Totals storage needed (MG) Figure: 1-Total storage needed versus total land needed for TLAP and TPDES scenarios, assuming no discharge to the Blanco Riveri in either scenario. Ifthe City supports periodic discharge oft treated wastewater to the Blanco River, a smaller pond could be constructed or less land used fori irrigation. The Phase ITask Force study suggested approximately doubling the size ofthe existing ponds by! building a new 9.2 MG: structure. A! pond this size would still result int the need1 to discharge periodically under the TPDES: scenario, unless at least 180 acres of land can be secured for irrigation, but less often than witht the current configuration (9.08 MG of storage and 26.07 acres of land under irrigation). Discharge tot the river would inevitably be required at times unless additional storage were made available tot the City and demand for reclaimed water continues to grow, especially outside of the growing season. The following notes and assumptions are relevant int this analysis: The ponds are assumed to have total depth of 8ft (6 ft water depth and: 2f fti free! board). Estimates include construction of berms on all existing ponds andt ther new pond by utilizing the excavated: soilf from new pond. Fortifying the berms of the existing ponds withi the excavated materiali from the construction of the new pond would help maintain water quality by The analysis assumes for Scenario 1t that at total of 100 acres of land can be acquired or leased to dispose of the treated wastewater through al TLAP permit with a neutral or net positive financial impact ont the City. The amount the City is ablet to charge for reclaimed wateri ini the future has yet to be negotiated for each potentialt tract ofl land, but the City would need agreements inj place witha at term of at least thel life oft the permit. TCEQ recommends and looks more favorably upon al longer term1 that allows for transition between permit renewals. Itis preventing runoff into the ponds, which currently occurs. 3 Assessment of Costs of Two Wastewater. Disposal Strategies for the City of Blanco likely that the City willl be ablet to obtain a steady cashi inflow from reclaimed water int the future Since the new pond in boths scenarios would be at a different elevation compared toi the existing ponds, a duplex pump system was included to pump effluent from the existing ponds to the new pond. The piping will have ani isolation valve with bypass piping that can be used to Irrigation application rates fort the TPDES: scenario were based upon monthly application rates developed byt the City Engineer and are consistent with the historical monthly irrigation distribution. Annual totals are: slightly higher than what has been assumed under TLAP. Irrigation application rates under TLAP assumes a more uniform monthly distribution, consistent with what TCEQ typically allows. Volumes are assumed for Blanco. The ponds willl have synthetic liners because oft the lack of suitable clay nearby. The cost of the The authors oft this memo and Tom Turk! have discussed the need for a closed tank near the WWTP, to holdr reclaimed water. This would make ite easiert to maintain Type 1s standards and would probably makei ite easier to manage reclaimed water onsite. The closedt tankr may not be needed, but if the City decides to build one, to make the system easier to manage, then it would benefit boths scenarios (ie. ifn not needed for one scenario, theni it would not be needed for the other). The cost of thei tank has not been included in either scenario. The cost of a new! 9.2 MG pond was developed assuming the desire tor maintain Type 2 reuse standards required for land application, but iti is likely that Type 1 could be achieved based on nearby examples. Ten nearby wastewater reuse permits for Type 1 reclaimed water were found byt the authors oft this memo, but because oft the difficultyi ini identifying such facilities int the TCEQ database the wayi iti is set up, there are likely more. In a recent conversation with co- author Keith O'Connor (KIT), Louis Herrin (TCEQ) saidt that open Type 1 ponds were very Itis assumed that the 0&M costs oft thet two scenarios are the same. Boths scenarios consider the same volume of treated effluent, require agreements in place with adjacent landowners, and have opportunities for sale of reclaimed water. Boths scenarios would benefit from construction ofa a pond to double storage, while the second scenario requires construction ofa pipeline and a TPDES permit. Otherwise, thet two scenarios are essentially thes samei int terms of Inc order to meet TCEQ requirements associated with' WWTP facilities, monitoring of the quality oft the effluent is required. For a TPDES permit, thes sampling must be done at the outfall, ata frequency described int the permit. For aTLAP permit, annual soils sampling is required at depths andf for parameters: specifiedi int the permit. Fora a Chapter 210 reuse permit, monthly: samplingi is also required. The Cityi is already sampling soila and effluent discharge, associated witht their current TPDES/TLAP permit; sale ofr reclaimed water may involve some additionals sampling. under both scenarios. drain water from the new pond to one oft the existing ponds. synthetic liners is comparable to that of clay. common in Texas and' "no big deal" tol TCEQ for permitting. operating costs. 4 Assessment of Costs of Two Wastewater Disposal Strategies for the City of Blanco Estimated costs Table 2- City of Blanco cost comparison for two scenarios Scenario1 TLAP permit TPDES permit $1,232,420 $60,000 $0 $0 TDB $0 $1,292,420 Scenario2 $1,232,420 $o $200,000 $200,000 $0 $750,000 $2,382,420 Expense New Pond Permitting* Pipeline Nutrient reduction Land acquisition Litigation** Total * Note:! Net costs, above those of Scenario2. ** Assumed cost, whichr might be much higher. The cost oft the new 9.21 MG, pond, recommended fort the TLAP scenario, is estimated tol be $1,292,420. This includes the costs of all the design, administration, construction, pipes, pumps andy valves, engineering and administration, and a 25% contingency. Approximately $60,000 would likely be required to go through the process of obtaining a TLAP permit, which has beeni included int the table above. A1 total of 100 acres of land would be needed for irrigation, with costs (ifa any) to be determined. For the TLAP scenario, the City would likely be responsible for construction of "purple pipe" toi the properties where thei irrigation would occur, and probably the costs of the irrigation systems themselves, buti that would depend of thea agreements that are executed with the landowners. Ina addition to a 9.2 MG pond, recommended for both scenarios, the TPDES: scenario involves the cost of design and construction ofay wastewater discharge pipeline. Mr. Tom Turk, the City's engineer, has estimated the construction costs to be $446,160, including contingencies. Iti is understood that the City would be responsible for only halft the cost of the pipeline, upi to a maximum of $200,000. There are no significant 0&M costs associated withi the pipeline ast the discharge wouldi flow bys gravity toi the river. However, water quality sampling andr reporting, perhaps asi frequently as daily, would be required at the Another cost involves additional treatment (nutrient reduction) which would likely be required of the Cityi in order to obtain the TPDES permit. Int the Phase 1 report, the capital cost of Biological Nutrient Reduction and more effective alum dosing was estimated to cost $200,000. A slight increase in 0&M Capital costs fort the pond and pipeline TPDES: scenario are estimated at $2,382,420. Mr. Palmer would Ani important consideration for the TPDES: scenario, factored into these costs, is the potential for litigation ift the City decides to move forward witha a TPDES permit. The estimated cost of litigation to the Cityi ina a contested case oft this kind would likely exceed $750,000, included int the estimate provided above, depending on the path taken after the public hearing and based on a nearby and recent example. outfall when the facilityi is discharging to the river. due to pumping and additional alum might also bei incurred. ber required to pay an additional $246,1601 fort the pipeline int this scenario. 5 Assessment of Costs of Two Wastewater Disposal Strategies fort the City of Blanco Discussion For both scenarios doubling thes size oft the existing storage is recommended, with construction ofar new 9.2 MG pond. Ift the City decides to go with Scenario 1,i iti isi important thati iti identifies land for the TLAP permit as soon as possible, and determine what these costs are, if any. Witha al TLAP permit, some additional water conveyance lines, "purple pipes", willl be needed to get thet treated effluent to the parcels of land being used. In either scenario, the City should identify customers for Chapter 210 reclaimed water sooner, rather than later. Ifthe City chooses Scenario 2, the volume of reclaimed water The rate ofe expansion of wastewater production put forward byt the Cityi ist fairly aggressive. For example, the rate of production put forward in the City's permit application for Phase 1 is 0.225 MGD, whichi is 60 percent greater thant the current rate of production. Eveni ifi the population grows at this rate there is a distinct possibility that the wastewater generated in new developments is treated and disposed of on-site, rather that pumped to the existing wastewater treatment plant, precluding the needi fora a permit witha a production rate this high. An alternative approach would be to phase the permitting upi to 0.225 MGD, such that there is less ofar needi for storage and land. This should be sold will dictate thet frequency and volume of discharge toi ther river. explored with the City, thel Task Force and" TCEQ. 6 Assessment of Costs of Two Wastewater Disposal Strategies fort the City of Blanco Table 3. Cost Estimates of 9.2 MG Pond Description CIVIL Excavation Berm Synthetic Liner In-situ Material over Synthetic Liner 3-inch Forcel Main MECHANICAL Packaged Fiberglass Pump Station (1 duty+ 1 standby @ 50g gpme each) Pond Aerators 3-inch Swing Check Valve 3-inch Plug Valve Miscellaneous Piping ELECTRICAL & INSTRUMENTATION Misc Electrical & Instrumentation GENERAL REQUIREMENTS Mobilization Other Division 1 Requirements Units CY CY SF CY LF EA EA EA EA LS LS LS LS Quantity 66,500 29,000 265,500 9,667 1,000 1 2 3 1 1 Unit Cost Total $266,000 $174,000 $199,200 $39,400 $25,000 $703,600 $50,000 $30,000 $1,700 $800 $2,000 $84,500 $12,000 $12,000 $40,100 $40,100 $80,200 $880,300 $220,075 $132,045 $1,232,420 $4 $6 $0.75 $2 $25 SUBTOTALCIVIL $50,000 $15,000 $549 $758 $2,000 $12,000 $40,005 $40,005 SUBTOTAL GENERAL EQUIREMENTS SUBTOTAL= CONTINGENCY (25%)= TOTAL ITEMS: = SUBTOTALMECHANCAL SUBTOTAL ELECTRICAL & NSTRUMENTATION 5% 5% ENGINEERING AND ADMINISTRATIVE COSTS (15%)= = 7 11/3/20: City Administrator's Office Staff Presentation OF BLA TEXAS mn KELLY KUENSTLER NOVEMBER 9, 2021 BLANCO CITY COUNCIL MEETING 1 Noteworthy Updates! Ad Compo obtained allo of utility billing's data last weeka and1 theys should givel live on! December 1st. RCI, al Records Retention company' willl be visiting City Halli in! late November tob begin toi inventory cityf files and work with us on ani inventory: anda a shred. After this big project is done,) yous should expectt too dot this everyy year as simply maintenance this point forward although next budget's expense should! be less City Hall received the physical books which contain our current UDC: and ordinances. This ist thet first time that the City has been codified and has ever had this type of resource available. expensive. CmyoF / BLANCO TEXAS 2 11/3/20: Noteworthy Updates! Two (2) openings on the Planning & Zoning Board. These openings have been advertised ont the Laurie Cassidy was awarded a $5001 trainings scholarship from the Texas Municipal Clerks' Association. She went to Galveston last week to attend their training and should complete her City handed out Halloween bags ont the 31st from 5:30 -7:30 p.m. The event was successful! city's social media. City Secretary Certification in. January of 2023. CIyoF BLANCO TEXAS 3 HUMAN RESOURCES Had open enrollment meetings in November and all eligible staff haves signed up for1 the RFQ for City Attorney was published in newspaper on November 3rd and was posted on TML's The City Administrator position was advertised on city's social media, af few TCMA district wide insurance plans of their choice. website. mailers and on the TML website. CITyOF BLANCO TEXAS 11/3/20 Finance & Human Resources IRS now auditing the City's 940s (2018 & 2019) & 941s (2021). These forms have to do with the payroll taxes. The audits were spurred by discrepancies in what is being reported VS what oure e lactually got tos sign off on! bank reconciliations since lastt time saw you First time sincel have been here thatl saw some light, well maybe some rays ofl lighta att the end ofi thet tunnel. We still have moret tunnel to Council should have actual finance reports by the next meeting in December. filings report. traverse though. CIyOF BLANCO TEXAS 5 Other Thoughts Before leave, want tor mention1 that! hope you will consider giving the Mayor positiona al larger stipend in nexty year's budget. Ift the City plans on having their Mayor at City Hall and taking appts, this wouldr make it You coulda also consider, because the Council stipends are so minimal, giving City Councilors the options to easier for ani individuali tot be your mayor. forego their stipend. CIyoF - BLANCO TEXAS 11/3/20 QUESTIONS GIYOoF A BLANCO TEXAS City Administrator's Office Staff Presentation AS OF. BLA TEXAS KELLY KUENSTLER NOVEMBER 9, 2021 BLANCO CITY COUNCIL MEETING 8 11/3/202 BLANCO POLICE DEPARTMENT OCTOBER OF MONTHLY REPORT TEXAS amm CHIEF RUBIN 09NOVEMBER2021 BLANCO CITY COUNCIL MEETING 1 BLANCOP POLICE DEPARTMENT ACTIVITY MONTHLY STATISTICS 2021 rime Enforcement Other cy GtyoF BLANCOTEKS 2 11/3/202 Highlights Initial response to drowning Sexual Assault/Felony Aggravated Assault Actionable Threats 3day investigation Four Mental Health Calls Domestic Violence/Suicide by Cop Eight Code Violations GIYoF - BLANCO TEXAS 3 Accomplshments Officer Smith Electrical Control Weapon Instructor Detective DeReu completed Medicological Death Investigation Training Annual Weapons Qualifications issues in rural jurisdictions Chief Rubin presentation to HHSC on mental health GmyoF BLANCO TEXAS 11/3/202: Up-Coming Events Real Ale Run December 4th Chief Rubin representing Texas at federation of state law enforcement accreditation entities annual meeting. GryoF BLANCOTES 5 BLANCO POLICE DEPARTMENT OCTOBER MONTHLY REPORT poL OF BLA TEXAS CHIEF RUBIN 09NOVEMBER2021 BLANCO CITY COUNCIL MEETING 6 BLANCO POLICE DEPARTMENT MONTHLY STATISTICS 2021 POLICE Crime Statistics Major Crimes Assaults Sexual Offenses Other Burglaries Residence Vehicle Business Theft Criminal Mischief Alcohol Violations Narcotics Violations Arrests Cases Filed Individuals Adult Juvenile Offenses Felony Misdemeanor Callsfor Service Total Calls for Service Assist EMS Assist Fire Assist Other Agency Assist Public Accidents Disturbances Suspicious Activity Alarms Animal Calls City Ordinance Viol. Traffic Enforcement Citations Warnings Speeding D.L. Violations Registration Insurance Stop Sign/Light Equipment Other YTD 9 1 0 1 0 0 0 1 3 1 0 0 3 0 0 0 1 0 0J 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 2 0J 0 0 0 1 0 0 0 0 1 0J 1 0 0 0 0 0 0 0 0J 1 0 4 0 0 1 0 1 1 5 1 2 2 1 6 5 1 7 2 1 3 1 2 0 3 1 3 3 2 7 4 4 3 3 3 2 7 9 3 14 7 10 13 9 20 9 10 11 4 16 2 7 15 13 12 6 16 13 9 23 2 9 31 13 21 15 22 7 1 10 2 4 8 7 11 9 8 6 8 13 0 5 23 6 10 6 14 100 115 116 105 185 361 394 322 339 328 4 7 3 7 5 5 10 11 9 6 0 1 1 2 2 3 2 2 4 2 10 15] 11 15 12 7 17 16 26 22 4 33 4 18 8 4 2 6 12 8 1 3 6 6 7 3 4 14 13 9 2 8 4 3 1 5 3 4 4 4 12 7 21 18 22 27 34 21 23 14 5 3 5 22 22 36 16 14 24 20 2 2 3 1 3 1 5 1 8 3 1 1 0 4 0 0 6 0 0 8 40 24 52 71 109 109 110 98 82 84 119 50 118 144 207 233 243 191 161 161 19 16 22 47 55 42 58 41 50 28 4 4 7 4 13 20 12 14 8 18 3 0 0 1 12 14 10 8 10 19 7 0 5 3 5 8 3 8 7 5 1 O 3 5 6 2 4 1 2 2 1 O 0 0 1 1 1 0 0 1 5 4 15 11 17 20 22 26 5 11 25 32 24 10 16 63 38 40 26 65 10 23 12 14 12 7 11 17 13 17 0 0 1 0J 0 0 0 1 0 0 91 57 50 43 170 90 154 153 144 140 25 23 38 104 72 102 68 3 158 67 91 YTD 2365] 67 19 151 99 66 38 199 167 29 20 YTD 779 1627 378 104 77 51 26 5 136 339 136 2 1092 13 22 9 11 5 12 1 6 15 13 12 6 15 1 1 0 0 0 0 1 Other Time Out of City Record Requests Golf Cart Permits Home Watches REGULAR MEETING AND PUBLIC HEARING OF THE GOVERNING BODY OF THE CITY OF BLANCO Meeting Minutes October 12, 2021, 6:00 pm A regular meeting and Public Hearing of the City Council, City of Blanco, Texas was held on October 12, 2021, at 6:00 pm at the Gem of the Hills, 2233 US281, Blanco, The meeting was called to order at 6:06 pm by Mayor Rachel Lumpee, followed by roll call (Kelly Kuenstler) announcing a quorum was present. The Pledge of Allegiance was led by Mayor Lumpee. Council members present: Mayor Lumpee, Mayor Pro-Tem Sauceda, Councilmembers Barron, Divine, and McClellan. Councilmember Smith was City staff present: Kelly Kuenstler, Laurie Cassidy, Ronnie Rodriguez, Zach Dorris, and MayorL Lumpee made the following announcements: Covid active cases as of October 4 is currently 142; No burn ban ati this time; Marigold Festival October 23-30; Veterans Day Parade, 9am; Lights Out Texas; Bird migration, turn off non-essential lights; New 4- way stop sign has been installed at 4th and Pecan Street, please be aware and make sure to stop; This weekend there is an awareness walk to combat and make others aware of human trafficking, to be held at 10:00 am; Blanco Historic Cemetery work day on Saturday, October 16 starting at 9:00 am, bring your own tools; Blanco community Texas. absent. Sergeant Thornhill. blood drive 9-2, Monday, October 18. Public Comments: Libbey Aly announced the blood drive at Gem of the Hills was cancelled for Marigold Festival is moving forward - this is NOT Lavender Festival, not that big, more of a community event. See event schedule, there will be lots of kids' events, a parade, COCO movie in Bindseil Park, workshops, low key, additional events at Arnosky Farm. This will be a two weekend event the weekends of Mayor Lumpee read the Proclamation for Hill Country Night Sky Month in Blanco. October 18th and is now scheduled for October 20, 2021. October 22-24 and October 29-31. 1Page City Council Minutes -October 12, 2021 Opened Public Hearing at 6:19 pm 1. Public Hearing to Consider Ordinance 2021-0-TBD to adopt an Amendment to Ordinance 2020-0-011 Approving the Standard Fee Schedule for Administrative, Permit Fees, Use Fees, and Other Fees Related to Municipal Authorizations and Activities. No one signed up to speak and the Public Hearing closed at 6:20 pm. Presentation: Colten Kuebel spoke to Council asking them to consider building a Skate Park on the City owned land next to Spinnerz Laundromat. Council discussed alternate locations, liability risks, size, and cost of such a park and asked Mr. Kuebel to form a committee to move the project forward. Staff Presentations: City Hall, Kelly Kuenstler, made the following announcements: A new City website is being put together by Mayor Lumpee; Blanco has received $256,582 from the Coronavirus Local Government Relief Fund and will need direction from Council on how to spend funds, Working with Langford on a grant for our water system including requesting letter from Rockin' J Ranch stating they are willing to act as the second backup to Blanco; Wrote letter of intent for the Blanco Historical Commission for a grant to include restoration and rehab of the Byars Building and the wall on Town Creek; we have balance of over $300,000 remaining with TWDB from the WWTP bonds, asking for unspent balance to be forwarded to the City sO the body can determine what eligible expense is deemed appropriate; PIF was submitted to TWDB on behalf of City Public Works, Ronnie Rodriguez discussed water treatment plant construction status, street closure concerns, purchasing treated water from CLWSC, and the Police Department, Lt. Thornhill discussed the police department monthly statistics report and gave highlights, Officer Gonzales received his Master Peace Officer License, Officer Rodriguez received his Intermediate Pease Officer License, and Detective DeReu completed her Background Investigator Training; up coming events include the Marigold Festival, Blanco First Baptist Church Light Night, Market Days, and Real Ale Bike Ride has been cancelled. Consent Agenda: The following items may be acted upon in one motion. No separate discussion or action is necessary unless requested by the Mayor ora Councimember, in which those items will be pulled for separate consideration. 1. Approval of Minutes from the August 10, 2021, Budget Workshop. 2. Approval of Minutes from the August 31, 2021, Special City Council meeting. 3. Approval of Minutes from the September 21, 2021, Special City Council meeting. Amotion was made by Counciimember Barron to approve consent agenda items one through three, seconded by Councilmember McClellan, all in favor, motion water and wastewater usage reports. passed unanimously. 2IPage City Council Minutes -October 12, 2021 Old Business: Consider, discuss, and take appropriate action on the following: 1. Presentation, Discussion and Possible Action on An Ordinance 2021-0-TBD of the City of Blanco, Texas, Regulating the Use of Rainwater Harvesting Systems; Providing A Repealing Clause; Providing A Severability Clause; Providing A Savings Clause; Providing for A Penalty of Fine not to Exceed the Sum of Five Hundred Dollars ($500.00) for Each Offense; and Providing An Effective Date (Councilmember. Smith). Ms. Kuenstler presented PowerPoint presentation. Attorney Bullock spoke of changes/revisions to previous version of Ordinance. A motion was made by Councilmember Barron to table the current draft ordinance Richardson", go back to first Ordinance that was presented for review and only correct parts needing revisions and add enforcement wording, seconded by Councilmember McClellan, all in favor, motion New Business: Consider, discuss, and take appropriate action on the following: 1. Discussion and Possible Action on Amendment to Ordinance 2021-0-TBD Trucks. (Police Chief Rubin). Lt. Thornhill spoke, the City received a complaint of large trucks using the bridge on Pecan. Research showed the current ordinance was outdated. The 1986 Ordinance limits commercial vehicles with a GVW of 10,000 pounds or more on Elm between Fulcher and 3rd and Pecans between 3rd and 2nd and sets a fine amount of not to exceed $100.00. The amended Ordinance will decrease large truck traffic on residential streets, reduce vehicle noise, reduce potential motor vehicle VS motor vehicle or pedestrian accidents, and increase the life of City streets by decreasing weight of vehicles traveling on them. A motion was made by Councilmember Barron to approve Ordinance 2021-0-TBD Regulating weight of vehicles, seconded by Councilmember 2. Discussion and Possible Action on Approval of Ordinance 2021-0-TBD Adopting and Enacting a New Code of Ordinances; Providing for the Repeal of Certain Ordinances Not Included Therein; Providing Al Penalty for the Violation Thereof Not Exceeding $500 Generally or Not Exceeding $2,000 For' Violations Relating to Fire Safety, Zoning, or Public Health and Sanitation or Not Exceeding $4,000 for Violations Relating to Dumping of Refuse; Providing for the Amendment of Such Code; and Providing When Such Code and This Ordinance Shall Become Effective (Laurie Cassidy, City Secretary). Laurie Cassidy presented PowerPoint presentation demonstrating the look of our new UDC codification link. The purpose of codification is to help identify inconsistent and duplicate laws. This process creates a uniform source that is easy for anyone to access. A motion was made by Councilmember: Barron to approve Ordinance 2021-O-tbd Adopting and Enacting a New Code of Ordinances, seconded by Councilmember Sauceda, all in favor, motion passed unanimously. passed unanimously. Divine, all in favor, motion passed unanimously. 3Page City Council Minutes October 12, 2021 3. Discussion and Possible Action on Approval of Ordinance 2021-0-TBD to adopt an Amendment to Ordinance 2020-0-011 Approving the Standard Fee Schedule for Administrative, Permit Fees, Use Fees, and Other Fees Related to Municipal Authorizations and Activities (Kelly Kuenstler, Interim City Administrator). Council discussed water and sewer impact fees and tap fees as well as wastewater rates. A motion was made by Councilmember: Barron to establish water and wastewater impact fees for standard 3" meter, water at $3,000/LUE and wastewater at $3,500/LUE and to have City Administrator conduct study, seconded by Councilmember Divine, all in favor, motion passed unanimously. A motion was made by Councilmember Barron to table discussion about increasing the wastewater rates until we have further information, seconded by Councilmember McClellan, motion 4. Discussion, Consideration and Possible Action on the. Approval of a Water and Sewer Extension Agreement between the City of Blanco and Six-Wheeler LLC (Kelly Kuenstler, Interim City Administrator). Ms. Kuenstler asked if there was anyone present representing Mr. Wheeler, none were present. Ms. Kuenstler stated the City Secretary emailed Mr. Wheeler a development agreement asking for input and requesting copies of exhibits and then asked Council to adjourn into passed unanimously. Executive Session. No Action Taken. Closed regular meeting at 8:47 pm and adjourned into Executive Session. Executive Session in accordance with Texas Government Code: in accordance with the authority contained in the Texas Government Code, Section 551.071. 1. Texas Government Code Section 551.071 (Consultation with Attorney) and Section 1.05, Texas Disciplinary Rules of Professional Conduct. Confer with City Attorney regarding legal issues associated with Water & Sewer Extension Agreement between the City of Blanco and Six-Wheeler LLC. At 9:17 pm closed executive session and opened regular meeting. Council took 5 minute break and resumed regular meeting at 9:30 pm. No Action taken in Executive Session. New Business Item 3, Per Government Code 395, inorder to approve impact fees, needs to be based on CIP and Attorney Bullock needs to review. Councilmember Barron thinks we can get a CIP done in about 60 days. A motion was made by Councilmember Barron to rescind New Business Item #3, to adopt the impact fees and authorize staff to conduct CIP before approving the standard fee schedule, seconded by Councilmember McClellan, all in favor, motion passed unanimously. 4IPage City Council Minutes -October 12, 2021 Adjournment Ar motion was made by Councimember Sauceda to adjourn the meeting, seconded by Councilmember Divine, all in favor. Meeting was adjourned at 9:40 pm. Respectfully submitted, Rachel Lumpee, Mayor ATTEST: Laurie A. Cassidy, City Secretary These minutes were approved on the, day of 2021. 5IPage City Council Minutes October 12, 2021 SPECIAL MEETING OF THE GOVERNING BODY OF THE CITY OF BLANCO Meeting Minutes November 1, 2021, 9:00 am As special meeting of the City Council, City of Blanco, Texas was held on November 1, 2021, at 9:00 pm at the Byars Building, 308 Pecan Street, Blanco, Texas. The meeting was called to order at 9:03 am by Mayor Rachel Lumpee, followed by roll call (Laurie Cassidy) announcing a quorum was present. The Pledge of Allegiance was led by Mayor Lumpee. Council members present: Mayor Lumpee, Mayor Pro-Tem Sauceda, Councilmembers Barron, Divine, and McClellan. Councilmember Smith was City staff present: Kelly Kuenstler, Laurie Cassidy, Ronnie Rodriguez, Zach Dorris, and Mayor Lumpee made the following announcement: The City Planning and Zoning absent. Police Chief Rubin, and Lt. Thornhill. Commission currently has two open seats. Public Comments: Wayne Gosnell, spoke regarding the loss of Kelly Kuenstler as the City Administrator. He said the City should hire a professional and don'tg go cheap. Put the new hire on probation and have them in or near Blanco once fully hired. Mike Rieken spoke regarding City participation in pilot program in 2019, that included engineering work, GIS maps for wastewater, and reports/asset management plan, should prioritize to maintain the system. City has GIS for water system, not loaded, has hydraulic model perfect for use with long term growth management. It starts with city administration. Strongly support a strong Ray Don Tilley, City of Wood Creek spoke saying things have been outstanding and it has been wonderful to watch. Blanco's success matters. The glue is a administrator. strong City Administrator. New Business: Consider, discuss, and take appropriate action on the following: 1. Discussion and Possible Action to Deliberate the Appointment, Employment, Evaluation, Reassignment, Duties, Discipline, or Dismissal of A Public Officer or Employee, to Wit: Preparation of Request for Qualifications for City Attorney Services. Ms. Kuenstler, City Administrator said when City Attorney Bullock was hired the City did not go through the RFQ process. RFQ notice will post to paper this Wednesday, as well as on the City website and the TML website. 1IPage City Council Minutes -November 1, 2021 A motion was made by Councilmember: Barron to post RFQ for City Attorney services, seconded by Councilmember Divine, all in favor, motion 2. Discussion and Possible Action Regarding the City Administrator Position. City Administrator, Kuenstler spoke regarding stepping down as Interim City Administrator. She has enjoyed being a part of the City, loves the area but has received a wonderful opportunity as Chief Operating Officer for AACOG, over Region 6 and Region 7. Ms. Kuenstler stated she will be staying with the City through the end of the year. Hoping to get some strong applicants. Outstanding brochure has been put together by Mayor Lumpee. Advertisement for the position will be posted to the City website as well as the TML website. A motion was made by Councilmember Barron to approve posting of City Administration position, seconded by Councilmember McClellan, all in 3. Presentation, Discussion and Possible Action on the Creation of a Capital Improvement and Asset Management Advisory Committee. City Administrator Kuenstler presented PowerPoint presentation with recommendation for approval ofc creation of this committee and have the City Administrator call the committee's first meeting so that a Chair can be appointed. A motion was made by Councilmember Barron to approve Ordinance 2021-0-TBD creating a Capital improvement and Asset Management Advisory Committee, with Mike Rieken to serve as the Chair, seconded by Councilmember McClellan, passed unanimously. favor, motion passed unanimously. all in favor, motion passed unanimously. Adjournment: Ar motion was made by Councilmember Divine to adjourn the meeting, seconded by Councilmember Barron, all in favor. Meeting was adjourned at 9:35 am. Respectfully submitted, Rachel Lumpee, Mayor ATTEST: Laurie A. Cassidy, City Secretary These minutes were approved on the day of 2021. 2IPage City Council Minutes November 1, 2021 Council Appointments to Capital Infrastructure and Asset Management Committee Appointee Frank Leblanc (Real Estate) Christine Anderson (P&Z) Steve Scheffe Developer/Real Estate) Mike Rieken (Engineer) Pamela Capps (Realtor) Gerald (OJ) Armstrong Address City Limits City Limits City Limits City Limits City Councilor Mike Smith Martin Sauceda Keith McClellan Connie Barron Deda Devine Mayor Lumpee National Opioids Settlement P.O. Box 43196 Providence, RI 02940-3196 NPD 269 122810016239 Postal Service: Please do not mark barcode NPDAW-191-959 Kelly Dix City Secretary POI Box 1369 Burnet, TX 78611-7369 FRINEY TEXAS TOLOCAL POLITICALSUBDIVISIONS: IMPORTANT INFORMATIONABOUT THE NATIONAL OPIOID SETTLEMENT: SUBDIVISIONS, MUST SUBMIT: SIGNED DOCUMENTATIONTO PARTICIPATE. THE DEADLINE FOR PARTICIPATION: TO MAXIMIZESETTEMENT BENEFITS Ifyour subdivision is represented by an attorney with respect to opioid claims, please immediately contact them. Ifyour subdivision has already signed on to the settlements and adopted the Texas Term ISJANUARY2,. 2022, Sheet, you may disregard this notice. SETTLEMENT OVERVIEW After ycars ofnegotiations, two proposed: nationwide settlement agreements ("Settlements")! have been reached that would: resolve all opioid litigation brought by states and local political subdivisions against the three largest pharmaceutical distributors, McKesson, Cardinal Health and AmerisourceBergen ("Distributors"), and one manufacturer, Janssen Pharmaceuticals, Inc., and its parent company Johnson & Johnson (collectively, The proposed Settlements require the Distributors and Janssen to pay billions of dollars to abate the opioid epidemic. Specifically, the Settlements require the Distributors to pay up to $21 billion over 18 years and Janssen toj pay up to $5 billion over no: more than 9 years, for a total of$ $26 billion (the "Settlement Amount"). Of the Settlement Amount, approximately $22.7 billion is earmarked for use by participating states and The Settlements also contain injunctive relief provisions governing the opioid marketing, sale and distribution practices at the heart of the states' and subdivisions' lawsuits and further require the Distributors to implement Each ofthe proposed Settlements has twol key participation steps. First, each state decides whether toj participate in the Settlements. Texas has joined both Settlements. Second, the subdivisions within each participating state must then decide whether to participate in the Settlements. Generally, the more subdivisions that participate, the greater the amount of funds that flow to that state and its participating subdivisions. Any subdivision that does not participate cannot directly share in any ofthe settlement funds, evenifthes subdivision' s state is settling "Janssen"). subdivisions to remediate and abate the impacts oft the opioid crisis. additional safeguards to prevent diversion ofj prescription opioids. and other participating subdivisions are sharing in settlement funds. This letter is part of the formal notice required by the Settlements. To determine your eligibility to receive, directly ori indirectly, any of the funds allocated to Texas should you pwPisstmyeenent and review Exhibit B ofthe' Texas Term Sheet to determine if your subdivision is listed. Any questions concerning the status or terms of the Texas Term Sheet You may be contacted by the Texas Attorey General's Office with additional information regarding the allocation of settlement funds in Texas. Subdivisions with representation can expect information from their attorneys as well. We encourage you to1 review all materials and to follow up with any questions. The terms of these Settlements are complex, and we want to be sure you have all the information you need to make your elect to participate in the Settlements, you should first visit and allocations in' Texas can be directed to the Texas Attomey-General's Office. participation decision. WHY YOU SHOULD PARTICIPATE A vast majority of states have joined the Settlements, and attorneys for many subdivisions have already announced support for them. For example, the Plaintiffs' Executive Committee, charged with leading the litigation on behalfofmore than 3,000 cities, counties and others against the opioid industry, and consolidated in the national multi-district litigation ("MDL") pending before Judge Dan Aaron Polster in the Northern District of Ohio, recommends participation in these Settlements. Subdivision participation is strongly encouraged, for the following reasons: First, the amounts to be paid under the Settlements, while insufficient to abate the epidemic fully, will allow state and local govemments to commence with meaningful change designed to curb opioid addiction, overdose Seçond, time is oft the essence. The opioid epidemic continues to devastate communities around the country andi iti is critical that the funds begin to flow to allow governments to address the epidemic in their communities Third, ift therei is not sufficient subdivision participation in these proposed Settlements, the Settlements will not be finalized, the important business practice changes will not be implemented, the billions of dollars in abatement funds will: not flow to communities, and: more than 3,000 cases may be sent back to their home courts Fourth, the extent of participation also will determine how much money each state and its local subdivisions will receive because approximately half oft the abatement funds are in the form of "incentive payments," i.e., the higher the participation ofs subdivisions in a state, the greater the amount of settlement funds that flow into Fifth, youl know: first-hand the effects oft the opioid epidemic on your community. Funds from these Settlements will be used to commence abatement of the crisis and provide relief to your citizens while litigation and Sixth, because pills do not respect boundaries, the opioid epidemic is a national crisis that needs a national and death; as soon as possible; for trial, which will take many years; that state; settlement discussions proceed against numerous other defendants in the opioid industry; solution. Big Spring Big Wells Bishop Bishop Hills Blackwell Blanco Blanco County Blanket Bloomburg Blooming Grove Blossom Blue Mound Blue Ridge Blum Boerne Bogata Bonham Bonney Booker Borden County Borger Bosque County Bovina Bowie Bowie County Boyd Brackettville Brady Brazoria Brazoria County Brazos Bend Brazos Country Brazos County Breckenridge Bremond Brenham Brewster County Briarcliff Briaroaks Bridge City $189,928 Meadowlakes $236 Meadows Place $8,213 Medina County $323 Megargel $31 Melissa $6,191 Melvin $49,223 Memphis $147 Menard $1,010 Menard County $352 Mercedes $198 Meridian $2,888 Merkel $1,345 Mertens $1,622 Mertzon $45,576 Mesquite $3,649 Mexia $100,909 Miami $2,510 Midland County $1,036 Midland $1,000 Midlothian $69,680 Midway $71,073 Milam County $173 Milano $83,620 Mildred $233,190 Miles $6,953 Milford $8 $27,480 Millican $11,537 Mills County $1,021,090 Millsap $462 Mineola $902 Mineral Wells $342,087 Mingus $23,976 Mission $5,554 Missouri City $54,750 Mitchell County $60,087 Mobeetie $572 Mobile City $57 Monahans $80,756 Mont Belvieu $905 $18,148 $48,355 $611 $15,381 $345 $7,203 $991 $14,717 $21,441 $3,546 $10,117 $239 $29 $310,709 $21,096 $455 $279,927 $521,849 $95,799 $78 $97,386 $904 $286 $93 $6,177 $97 $417 $19,931 $34 $48,719 $92,061 $189 $124,768 $209,633 $20,850 $52 $2,034 $5,849 $19,669 Miller's Cove Page 4 EXHIBITI K Subdivision Settlement Participation Form Governmental Entity: Authorized Official: Address 1: Address 2: City, State, Zip: Phone: Email: City of Blanco Rachel Lumpee, Mayor P.O. Box 750 Blanco, Texas 78606 830-833-4525.x100 Mayoraciyolblaneo.com State: Texas The governmental entity identified above ("Governmental Entity"), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated July 21,2021 ("Distributor Settlement"), and acting through the undersigned authorized official, hereby elects toj participate in the Distributor Settlement, release all Released 1. The Governmental Entity is aware ofa and has reviewed the Distributor Settlement, understands that all terms in this Participation Form have the meanings defined therein, and agrees that by signing this Participation Form, the Governmental Entity elects to participate in the Distributor Settlement and become a Participating Subdivision as 2. The Governmental Entity shall, within 14 days of the Reference Date and prior to the filing of the Consent Judgment, secure the dismissal with prejudice of any Released 3. The Governmental Entity agrees to the terms oft the Distributor Settlement pertaining to 4. By agreeing to thei terms oft the Distributor Settlement and becoming al Releasor, the Governmental Entity is entitled to thel benefits provided therein, including, if applicable, 5. The Governmental Entity agrees to use any monies it receives through the Distributor 6. The Governmental Entity submits to the jurisdiction oft the court in the Governmental Entity's state where the Consent Judgment is filed for purposes limited to that court'srole as provided in, and for resolving disputes to the extent provided in, thel Distributor Settlement. The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as provided in, and for resolving disputes to the extent otherwise Claims against all Released Entities, and agrees as follows. provided therein. Claims that it has filed. Subdivisions as defined therein. monetary payments beginning after the Effective Date. Settlement solely for the purposes provided therein. provided in, the Distributor Settlement. K-1 7. The Governmental Entity has the right to enforce the Distributor Settlement as provided 8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Distributor Settlement, including, but not limited to, all provisions of Part XI, and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any oft the foregoing and any agency, person, or other entity claiming by or through any oft the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent ofits authority. Asa Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not tol bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Distributor Settlement are: intended by the Parties to be broad and shalll be interpreted sO as to give thel Released Entities thel broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent oft thej power oft the Governmental Entity to release claims. The Distributor Settlement shall be a complete bar to any Released 9. The Governmental Entity hereby takes on all rights and obligations ofa a Participating 10. In connection with the releases provided for ini the Distributor Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory oft the United States or other jurisdiction, or principle ofc common law, which is similar, comparable, or equivalent to $ 1542 oft the California Civil Code, which: reads: General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that ifknown by him or her would have materially affected his or her settlement with the debtor or A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to thel Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as ofs such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, ifknown, would materially affect the Governmental Entities' decision to therein. Claim. Subdivision as set forth ini the Distributor Settlement. released party. participate ini the Distributor Settlement. K-2 11. Nothing herein isi intended to modify in any way the terms ofthe Distributor Settlement, to which Governmental Entity hereby agrees. To the extent this Participation Form is interpreted differently from the Distributor Settlement in any respect, thel Distributor Settlement controls. Ihave all necessary power and authorization to execute this Participation Form on behalfofthe Governmental Entity. Signature: Name: Title: Date: Rachel Lumpee Mayor November 4, 2021 K-3 11/3/2021 Presentation, Discussion andl Possible Action on an Ordinance oft the City of Blanco, Texas, Regulating the use of Rainwater Harvesting Systems; Providing: al Repealing Clause; Providing a Severability Clause; Providingas Savings Clause; Providing for: al Penalty of Fine Nott to Exceed the Sum of Five Hundred Dollars ($500.00) for Each Offense; and Providing an OF BL Effective Date TEXAS KELLY KUENSTLER NOVEMBER 9, 2021 BLANCO CITY COUNCIL MEETING 1 Discussion ( Council requested a Rainwater Ordinance draft in August and City Attorney borrowed an Ordinance similar to what Council is C Council made comments requesting revisions at the October, 2021, The amended ordinance is in your packets for discussion this evening. September requesting from Richardson. Council Meeting. GIyOF X BLANCO TEXAS 2 11/3/2021 Elements of the Ordinance Rainwater Harvesting Systems - includes Definitions Section 1 Section 2 Section 3 Section 4 Section! 5 Section 6 Section 7 Notification Requirements- - Pursuant to Chapter 30 of the Texas Admin Code, Section 290.44 Valid License Requirement Permit Requirements Backflow Protection Requirements Standards for Storage Tanks Construction, Installation & Maintenance Standards GIyoF BLANCO TEXAS 3 Elements of the Ordinance Section 8 Rebates & Incentives Section 9 Exemptions from Drought Rules Section 10 Additional Resources Section 11 Repealer Section 12 Severability Section 13 Violation of Ordinance as an Offense Section 14 Publication oft the Ordinance Section 15 Effective Datee CyoF BLANCO TEXAS 4 2 11/3/2021 Recommendation & Fiscal Impact Fiscal Impact: Dependent on how many rainwater systems are installed Recommendation: Recommend Council Adopt Ordinance GmYoF BLANCO TEXAS 5 Presentation, Discussion and Possible Action on an Ordinance oft the City of Blanco, Texas, Regulating the use of Rainwater Harvesting Systems; Providingal Repealing Clause; Providinga a Severability Clause; Providinga a Savings Clause; Providing for al Penalty of Finel Noti to Exceed the Sum of Five Hundred Dollars ($500.00) for Each Offense; and Providing an m OF BL Effective Date TEXAS m KELLY KUENSTLER NOVEMBER 9, 2021 BLANCO CITY COUNCIL MEETING 3 ORDINANCE NO. 2021-0-013 ANORDINANCE OF THE CITY OF BLANCO,TEXAS,REGULATINGTHE USE OF RAINWATER HARVESTING SYSTEMS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FNENOTTOEXCEDTIE SUM OF FIVEHUNDREDDOLLARS ($500.00) FORI EACH OFFENSE; AND PROVIDING AN EFFECTIVEDATE. WHEREAS, the City Council of Blanco, Texas wishes to encourage the use of rainwater harvesting systems sO as to preserve natural resources and limit the use of potable water for applications where nonpotable water is adequate; and WHEREAS, the City Council of Blanco, Texas wishes to protect the City's water system from potential cross-contamination from improperly installed or maintained rainwater harvesting systems; and WHEREAS, as authorizedi under law, and in the best interest ofthe citizens ofBlanco, Texas, the Mayor and City Council deem it expedient and necessary to adopt regulations regarding the use ofrainwater harvesting systems. NOW,THEREFORE, BE IT ORDAINED BY THE CITY OF BLANCO, TEXAS: Sec. 1. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Air gap means a complete physical separation between the free flowing discharge end of Backflow prevention: means the mechanical prevention ofreverse flow, or back: siphonage, Backflow prevention assembly means any assembly used toj prevent backflow intoa aj potable water system. The type of assembly used is based on the existing or potential degree of health aj potable water supply pipeline and an open or nonpressure receiving vessel. ofnonpotable water from an irrigation system into the potable water source. hazard and backflow condition. Catchment surface means the collection surface from which rainfall runs off. Debris means any visible contaminant including leaves and twigs, dust and dirt, bird and animal droppings, insects, and other visible material. Page 1 Debris excluder means any screening component such as ai first-flush diverter, leafscreen, roof washer, or other similar device that is designed to prevent debris and sediment from entering the storage tank ofa ai rainwater harvesting system. Nonpotable water means untreated water that is unsafe for human consumption. Potable water means water that is suitable for human consumption. Rainwater harvesting system means any system used for the capture, storage, and distributiono ofuntreated rainwater from ai rooftop catchment surface or from precipitation captured directly from the sky to be used for outdoor landscape irrigation or foundation watering. Reduced pressure principle baclflow prevention assembly means an assembly containing two independently acting, approved check valves together with a hydraulically operating mechanically independent pressure differential relief valve located between the two check valves and below the first check valve. Storage tank means any tank, cistern, rain barrel, or container used to collect harvested rainwater. Sec. 2 Notification Requirements. Pursuant to Chapter 30 oft the Texas Administrative Code, section 290.44, a person who intends to connect a rainwater harvesting system to the City of Blanco water system must provide written notification of that intention to the Blanco Public Works & Utilities. Notification may be provided via mail or email to the following address: City of Blanco Public Works & Utilities Attn: Director of] Public Works P.O. Box 750 Blanco, Texas 78606 pubicworksdirector@eiyofblanco.com Sec. 3. Valid License Required. (1) Pursuant to Chapter 30 oft the Texas Administrative Code, section 290.44, any rainwater harvesting system that connects to the City's potable water supply must be installed and maintained by a master plumber or journeyman plumber licensed by the Texas State Board of Plumbing Examiners and who has been endorsed as a Water Supply Protection Specialist. (2) A property owner is not required to be licensed if he or she is installing a rainwater harvesting system on premises owned and occupied by the person as thej person' 's home, and ift thei rainwater harvesting system is not being connected to the City's potable water system or used for potable purposes. Page 2 Sec. 4. Permit Requirements. (1) Permits are required ift the rainwater harvesting system meets one or more of the following criteria: (a) If the system will be plumbed to receive makeup water from a potable water source or will be plumbed into an irrigation system or household water system that is connected to the City's potable water system or will use a pump or high-pressure gravity flowi to distribute the rainwater, a plumbing permit is required. additional circuits or wiring are added, an electric permit is required. (b) If electrical components such as pumps are hard-wired into the electrical system, or (2) Adequate plans and specifications, as determined by the City Engineer and Public Works Director, must accompany each application for a permit. Additional permits may be required. To determine if additional permits are needed, please contact Public Works at (830).833- 4525. Sec. 5. Backflow Protection Requirements. (1) Use ofalternative water sources on premises connected to the City water system presents the potential for contamination ofthe potable water supply ifbackflow occurs. Use ofa additional water sources (such as rainwater) on properties connected to the City potable water supply may require installation ofar reduced pressure zone (RPZ) backflow assembly at the potable water meter. RPZ backflow assemblies must be tested upon installation and annually by a certified Backflow Protection. Assembly Tester (BPAT), and the test results must be provided (2) Ifthe City potable water system will provide makeup supply to the rainwater system, it may be connected only to the rainwater storage tank and not to the plumbing of a structure. A backflow prevention assembly or an air gapi must be installed at the rainwater storage tank to ensure a physical separation between the: rainwater system and the public water system. tot the City ofl Blanco Public Works department within 10 working days. Sec. 6. Construction, Installation and Maintenance Standards. (1) All rainwater harvesting systems shall be constructed, installed and maintained in accordance with state and federal laws, City of Blanco Code of Ordinances and applicable laws and building regulations, and: manufacturer specifications. Rainwater harvesting systems must be (a) May not create aj public health hazard or nuisance to the general public; (b) Must be maintained as: needed tol keep system functioning as designed; (c) Must prevent accumulation of unwholesome, stagnant or offensive water; (d) Must prevent the attraction and' breeding ofr mosquitoes and other pests; (e) May not be used for storage of anything other than water or for any purpose other than its intended purpose as a rainwater harvesting system. maintained as follows: Page 3 Sec. 7. Storage Tank Standards. (1) All tanks and barrels, regardless of size, must meet the following minimum tank standards: (a) Must be covered and vents screened to discourage mosquito breeding; (b) Must be opaque, either upon purchase or painted later, to prevent algae growth; (c) Must never have been used to store hazardous materials; (d) Must be accessible for cleaning and repair; (e) Access openings in excess of 12 inches in diameter must be secured to prevent unintended entry and tampering; (f) Must have an overflow discharge port that directs flow away from foundations and other structures; (g) Must be placed on a stable, level surface that is capable of holding the maximum possible weight when full; (h) Must be labeled "Rainwater- - Do Not Drink" or Non-potable Water -] Dol Not Drink" or similar phrasing that clearly indicates the water is not suitable for human consumption. Sec. 8. Rebates and Incentives. (1) Section 151.355 ofthe Texas tax Code exempts rainwater harvesting equipment and supplies from state sales tax. To claim this exemption, the purchaser must furnish a Texas Sales and Use Tax Resale/Exemption Certification, Form 01-339, to the supplier of the equipment at the time of purchase. The form is available at: itpsy/comptrollerieasgylasessaeys/ors/ndexphp (2) Blanco County residents may be eligible to receive property tax exemptions for all or part of the assessed value of a property on which water conservation initiatives, such as rainwater systems, have been implemented. To claim an exemption contact Blanco County Appraisal District. Sec. 9. Exemption From Drought Rules. (1) Use of alternative water sources such as rainwater are exempt from City of] Blanco drought regulations unless the rainwater systems are supplemented with or receive makeup water: from the City's potable water supply. Rainwater harvesting systems connected to the City's water system willl be assumed tol be using City potable water and will bes subject to the drought rules. Fori more information on current drought restrictions go to: ntps/www.ctyolblanco.com/walet. Sec. 10. Additional Resources. Texas Administrative Code Section 290.44(), Water Distribution Texas Health and Safety Code, Section 341.02, Standards for Harvested Rainwater Texas Property Code, Section 202.007, Certain Restrictive Covenants Prohibited Texas Manual on Rainwater Harvesting: Manual 3rdedition.pdf htp./Apwy.twdbhicsasgophisbhasdhuromsrasimdaeRainwaterlanvesting Page 4 Harvesting, Storing and Treating Rainwater: for Domestic Indoor Use: htp.minsatehanstin:tamahaie20IBSAi36620219P4ndr Texas Water Development Board Rainwaterl Harvesting FAQs: phssseistNaw Rainwater Harvesting Potential and Guidelines for Texas: phmsinhssamdmnntsisiNkaNew pdf Sec. 11. Repealer. (1) All provisions of the ordinances oft the City of] Blanco in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed, and all other provisions of the ordinances of the City of Blanco not in conflict with the provisions oft this ordinance shall remain in full force and effect. Sec. 12. Severability. (1) Should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part sO decided to bei invalid, illegal or unconstitutional, and shall not affect the validity ofany other City ordinance. Sec. 13. Offenses. (1) Any person who violates aj provision ofthis ordinance is guilty ofas separate offense for each day or part of a day during which the violation is committed, continued or permitted. Each offense, upon conviction, is punishable by a fine not to exceed $500.00. Sec. 14. Publication. (1) The City Secretary of the City of Blanco is hereby directed to publish the caption, penalty clause, publication clause and effective date of this ordinance in one issue of the official newspaper ofrecord in Blanco County, which is a weekly publication. Sec. 15. Effective Date. (1) This Ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law provides. DULY PASSED by the City Council of the City of Blanco, Texas, on the day of 2021. APPROVED: Page 5 MAYOR APPROVED ASTOFORM: CORRECTLY ENROLLED: CITY ATTORNEY CITY SECRETARY Page 6