SPECIAL CITY COUNCIL MEETING AND PUBLIC HEARING OF THE GOVERNING BODY OF THE CITY OF BLANCO December 7,2021 5:001 PM Byars Building, 308 Pecan Street, Blanco, Texas 78606 Please join my meeting from your computer, tablet, or smartphone. ts/pbhalgomectinsecin:cmoinlBS6867 You can also dial in using your phone. United States: +1 (312)757-3121 Access Code: 818-568-677 New to GoToMeeting? Get the app now and be ready when your first meeting starts: ps/plohalsamctiniensmisalAI85a67 Notice isl hereby given that a special meeting and public hearing oft the governing body oft the City of] Blanco will bel held on Tuesday, December 7,2 2021, at 5:00 pm at Byars Building, 308 Pecan Street, Blanco, Texas 78606. CALL MEETING1 TO ORDER: 1. Roll Call/Establish a quorum: Mayor Rachel Lumpee (Present/Absent) Mayor Pro-Tem Sauceda (Present/Absent) Councilmember McClellan Present/Absent) Councimember Smith Present/Absent) Councilmember Barron (Present/Absent) Councilmember Divine (Present/Absent) PLEDGE OF ALLEGIANCE 2. Announcements (No Action May Be' Taken) 3. Public Comments: The City Council welcomes public comments at this point. Speakers must sign up before the 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 on1 the agenda until a future meeting. Proclamation: January 23 - 29, 2022 as School Choice Week in BLANCO CRC Presentation, Dawn Capra, Site Director and Alyce Sierra Presentation: 1IPage City Council Agenda -December 7, 2021 Staff Presentations: 1. City Hall (Kelly Kuenstler) 2. Police Department, (ChiefRubin) Consent Agenda: Thefollowing items may be acted upon in one motion. No separate discussion or action is necessary unless requested by the Mayor ora Councilmember, in which 1. Approval of] Interlocal Agreement between the City of] Blanco and the Blanco Emergency Services District, Number 2 (Kelly Kuenstler, Interim City Administrator). 1. Public Hearing on1 the. Adoption of the Proposed 2021 City-Wide Zoning Map Old Business: Consider, discuss, and take appropriate action on the following: 1. Discussion, Consideration, and Possible Action on Amendment to Ordinance 2021-0- 012 on Opening Invocations Before Meetings oft the City Council of Blanco, Texas 2. Discussion, Consideration & Possible Action on Mainstreet Architects Proposal (Councilmember Mike Smith/Kelly Kuenstler, Interim City Administrator). New Business: Consider, discuss, and take appropriate action on the following: 1. Discussion, Consideration, and Possible Action on. Adoption of the 2021 City-Wide 2. Presentation, Discussion and Possible. Action On. Allocating TWDB Funds and the Coronavirus Local Fiscal Recovery Fund (Kelly Kuenstler, Interim City Administrator). 3. Discussion, Consideration & Possible Action on Contract Negotiations with Intramark Regarding Operation, Maintenance and Management of Water & Wastewater Facilities 4. Discussion, Consideration and Possible Action on a Contract For Legal Counsel Between the City of Blanco and Tim Tuggey (Kelly Kuenstler, Interim City Administrator). 5. Discussion, Consideration and Possible. Action on A Contract with Atlas Design Services for the US-281 Corridor (Kelly Kuenstler, Interim City Administrator). Executive Session in accordance with Texas Government Code: in accordance with the authority contained in the' Texas Government Code, Sections 551.071,551.072, and 551.074. 1. Discussion, Consideration, and Possible Action Pursuant to Section 551.074 ofthe' Texas Government Code, deliberation regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal ofaj public officer or employee, to wit: consideration and possible action regarding entering into contract negotiations with City 2. Discussion, Consideration, and Possible. Action Pursuant to Section 551.074 ofthe Texas Government Code, deliberation regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal ofaj public officer or employee, to wit: consideration and possible action regarding evaluation and discipline of City Boards and Commissions (Planning & Zoning, Historic Preservation, and Streetscape). those items will bej pulled for separate consideration. PUBLIC HEARING (6:00 PM): Amendment. (Councilmember Smith). Zoning Map Amendment. (Kelly Kuenstler, Interim City Administrator). Administrator Candidate. 2IPage City Council Agenda -December 7, 2021 3. Texas Government Code Section 551.071 (Consultation with City Attorney), 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 toj possible: reclaimed water 4. Texas Government Code Section 551.071 (Consultation with City Attorney) and Section 1.05, Texas Disciplinary Rules of] Professional Conduct and 551.072 (Real Estate). Confer with City Attorney regarding Canyon Lake Water SC (CLWSC) desire to contract between City and Chamaco Mio Investments, LLC. purchase aj portion ofCity'si interest undivided interest. 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 ofTexas 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 of the meeting, considering available phiomsofaouteronde and opinions ofthe Texas. Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisf Texas Government Code Chapter 551.144(c) and the The Council may vote and/or act upon each oft the: items set out in this agenda. The City Council for the City ofBlancol has thei right to adjourni into executive: session at any time during thist 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 meeting is conducted by all participants in reliance on this opinion. from Executive Session to Open Session for action. boud By: Laurie A. a.Gasily Cassidy, City Secretary I, the undersigned authority, do hereby certify that the above Notice of Meeting of the Governing Body oft the City of Blanco is a true and correct copy ofs said Notice and that I posted a true and correct copy ofs said Notice in the window ini the City Hall ofs said City ofBlanco, Texas at a place convenient and readily accessible to the general public at all times and said Notice was posted on the 3rd day ofI December 2021 before 5:00pm and remained sO posted continuously for 721 hours preceding the scheduled time oft the: meeting. faus By: Laurie A. Cassidy, City a.dy 3IPage City Council Agenda December 7, 2021 PROCLAMATION OFTHE CITY OF BLANCO PROCLAIMING JANUARY 23-29, 2022, AS City of] Blanco School Choice Week WHEREAS all children ini the City ofBlanco should have access to thel highest-quality education WHEREAS the City of] Blanco recognizes the significant: role that an effective education plays in WHEREAS quality education is critically important to the economic vitality oft the City of WHEREAS the City of] Blanco is home to a1 multitude ofhigh quality public and nonpublic schools from which parents can choose for their children, in addition to families who educate WHEREAS, educational variety not only helps to diversify our economy, but also enhances the WHEREAS the City of Blanco has many high-quality teaching professionals in all types of WHEREAS, School Choice Week is celebrated across the country by millions ofstudents, parents, educators, schools, and organizations to raise awareness oft thei need for effective NOW, THEREFORE, I, Mayor Rachel Lumpee do hereby recognize January 23 - January 29, 2022, as the City of Blanco School Choice Week, and I call this observance to the attention ofall possible; and, preparing all students in City of Blanco to be successful adults; and, Blanco; and, their children in thel home; and vibrancy of our community; and, school settings who are committed to educating our children; and, educational options; ofour citizens. F. u B Rachel Lumpee, Mayor City of] Blanco, Texas - CRC Community Resource Centers ofTexas Inc. Welcome to Community Resource Centers ofTexas, Inc. Blanco County - Johnson City, TX Resauce GCANE CRC 206 - C 0 0 D Current CRCTX Locations Burnet County = Home Office 1016 Broadway, Marble Falls, TX 78654 Main Number: 830-693-0700 Hours of Operation: 8:00 a.m. to 4:30 p.m. Site Coordinators: Cindi Fry & Trish Walker WSRCA Site Coordinator: Natalee Goff AARPISCSEP Admin: Mary Gomez Blanco County 206 S. Hwy 281, Johnson City, TX 78636 Main Number: 830-868-0208 Hours of Operation: 8:00 a.m. to 4:30 p.m. WSRCA Site Coordinator: Alyce Sierra Llano County 100 Legend Hills, Llano, TX 78643 Hours of Operation: 8:00 a.m. to 4:30 p.m. Main Number: 325-247-2703 Site Coordinator: Marilyn Johnson Williamson County 155 Hillcrest Lane, Ste. B, Liberty Hill, TX 78642 Main Number: 512-548-5091 Hours of Operation: 8:00 a.m. to 4:30 p.m. Admin Staff- - Home Office Lucy Murphy, Executive Director Dawn Capra - Site Director Mary Jo Callaway - Director of Finance & Business Administration Maryum Mitchell - Administrative Coordinator - CRC Community! Resource Centers ofTexasi inc. Program Information Our Benevolence and Older Adult created as a way to eliminate the gap in financial resources available to the community. We can assist with gas and hotel vouchers, prescriptions, utilities, and much more. Rural Services funds were PRA S (OARS) FAN Every summer, our Community Resource Centers partner with local agencies to distribute fans to older adults ages 55 & up. With high summer temperatures causing distress for many older adults, we are thankful to take part in potentially RCE CENTE saving lives. CRCTX has partnered with Lowe's Grocery Store in Blanco County to provide a key service to the community. This program enlists the help of volunteers to deliver groceries to those homebound and older adults ages 55 & up. dE Our transportation program offers free rides to those needing assistance getting toa and from doctors' appointments, grocery stores or other necessary locations. Volunteer drivers are eligible for mileage reimbursements after each trip. CRC Community! Resource Centers of1 Texas! Inc. AGENCIES. AND SERVICES AVAILABLE IN BLANCO COUNTY CRC NOTE: LIST WILL CHANGE. AS PARTNERS ARE. ADDED. These agencies office out of the Blanco County (Johnson City) CRC on a weekly, bi-weekly, or monthly basis. Contact Blanco County CRCfor more information: (830) 868-0208; blanco@crctx.org Adult ProbationJake Meadows, 830-868-4008, scdcsol@blancocountytexas.0rg. Any Baby Can - Cynthia Quinonez, 512-334-4464, cynthiaq@anyDanyDabycan.org, ECI - serves families BCFS Education Services-Head Start - Brittany Sparks, 830-307-2956, bs@bcfs.net, full day Pre-K. Catholic Charities -J Justin Estep, 512651-6111,justinestep@cctx.org. immigration services. Combined Community Action (Meals on Wheels) Noel Buck, 979-540-2991, nbuck@ccaction.com. Community Action, Inc. - Margery Manha1.5239216140, mmarsnall@communityaction.com, Community Action, Inc. - Sarah. Johnson, (701)626-2142, arahypnnson@communtyection.com, DSHS - Amanda Dukes, 512-715-3515, amanda.dukes@ds@dshs.texas.gov, immunizations. Ecumenical Center - Counseling & therapeutic services for adults and children. Endeavors (Veteran's! Services) - Elyse Salazar, 210-469-9664 x188, salazareendeavorsor Highland Lakes Family Crisis Center- 8 830-693-3656, aids survivors oft family/dating violence. Hill Country Children's Advocacy Center - Alicia Ports, 512-756-2607, aliciap@hcac.org, mental Johnson City Christian Food Pantry -Tim or Margie Vasquez, 830-868-0208, marges.blegmal.com. K'Star - Delia Amold,830-739-2245, delaamoldlstar.org: free counseling for children and teens. with children up to 3 years old. CPS-K Karon Gayoso, 512-715-3534, karon.gayoso@dts.texas.govV. utility assistance. ESL/GED classes. Blanco EMS-Community Paramedic assistance for homeless or soon to be homeless Veterans. health therapy to physically/sexually: abused children 3-18. Lion's Club - Paul Axtell, 830-387-8957, eereree.vetegmal.com. Maximus - Lupe Allegria, GuadalupeAlegna@maximus.com, Texas Health Steps. Hill Country MHDD 512-392-8953X8525. assistance, health/wellness screenings, prescriptions. Methodist Healthcare/Wesley Nurse - Cindy Leonard, 830-868-7440, cleonard@mhm.org. financial North Hill Country Public Defender's Office - Michelle Moore,972-567-9018, mmoore@bumnetcountytexas.org. job prep & training, help with job searches. Workforce Solutions RCA- David Schlaeger, 512-756-6769x1116, cavid.schlaeger@ruralcapital.net, HillCountry Memorial WIC -A Amy Carrillo, 830-257-4400, acarrlio@hil.countrymemorial.org, nutrition education, supplemental foods, formula fori infants 0-3. 12/1/2021 CRC Community Resource Centers ofT Texas Inc. AGENCIES ANDSERVICES: AVAILABLEIN1 BLANCO COUNTY CRC FREE WEATHERIZATION FOR LOW INCOME HOUSEHOLDS offered by Community FREE BOXI FANS offered by Age of Central Texas, Aging & Disability Resource FREE IN-HOUSE VIRTUAL CONSULTATIONS with Central Texas Food Bank counselors FREE APPLICATION ASSISTANCE for the Comprehensive Energy Assistance Program Action, Inc. Center, and Family Eldercare for those seeking state benefits offered by Community Action, Inc. FREE APPLICATION ASSISTANCE for the Texas Rent Relief Program FREE EMERGENCY BROADBAND SERVICES offered by United Service Administrative MEALS ON WHEELS DISTRIBUTION CENTER for packs of five frozen meals per week CONNECTION TO local nonprofits, state agencies, and service providers GROCERY DELIVERY PROGRAM a Store to Door grocery delivery service TRANSPORTATION VOUCHER PROGRAM a voucmerrempursement program to Company provided by Combined Community Action provide transportation for the mobility challenged 12/1/2021 STAFF CITY HALL 12/3/2021 City Administrator's Office Staff Presentation 1 OF BI TEXAS am KELLY KUENSTLER DECEMBER 7, 2021 BLANCO CITY COUNCIL MEETING 1 GyoF Noteworthy Updates! Simple City should have our forms ready for distribution inD Development Serviçes. Mygoal was to get the development illustrations andi forms to coincide with UDC toyou before Ileave So thati is one goal thati is Interviews were conducted last week by a great group of people for the Operation of the Water & Wastewater Plants.. Councilmember, Barron, Councilmember Smith, Mike Rieken (citizen) & OJ Armstrong (citizen) interviewed with me on December 1st 2companies that were interviewed were. Jacobs Enginéering & Inframark - the group selected Inframark as the company with whom to negotiate. BLANCO TEXAS accomplished. MG 2 1 12/3/2021 Newsworthy Updates Ad Comp is finalizing the software in the Utilities Department sO that the kiosk in the front of City Hall can be utilized- the "go live" date is January, 2022 Because the Finance Dept is in the middle of the IRS audits this week, there will not be a Financial Status Report GryoF BLANCO TEXAS 3 QUESTIONS - GIyoF BLANCO TEXAS 2 12/3/2021 City Administrator's Office Staff Presentation OF. BL TEXAS com KELLY KUENSTLER DECEMBER 7, 2021 BLANCO CITY COUNCIL MEETING 5 3 STAFF POLICE DEPARTMENT 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 Calls for 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 10 2 1 4 2 6 27 23 40 109 79 110 76 3 165 73 92 YTD 2619 73 20] 175 103 77 46 230 171 33 21 YTD 849 1788 411 117 88 54 29 6 142 377 158 2 1178 1 o 0 0 1 3 1 0 0 3 1 0 0 OJ 1 0 O OJ 0 0 0 1 0 0 0J OJ 0J 0J O 0 0 0 1 0 1 2 0J 0 OJ 0J 1 0 O 0 0 0 1 OJ 1 O 0 0 0 O 0 0 0 0 1 0 4 0 0 1 0 0 1 1 5 1 2 2 1 6 5 1 2 7 2 1 3 1 2 0 3 1 3 0 3 2 7 4 4 3 3 3 2 7 2 9 3 14 7 10 13 9 20 9 10 5 11 4 16 2 7 15 13 12 6 16 8 13 9 23 2 9 31 13 21 15 22 7 7 1 10 2 4 8 7 11 9 8 6 6 8 13 0 5 23 6 10 6 14 1 100 115 116 105 185 361 394 322 339 328 254 4 7 3 7 5 5 10 11 9 6 6 0 1 1 2 2 3 2 2 4 2 1 10 15 11 15 12 7 17 16 26 22 24 4 33 4 18 8 4 2 6 12 8 4 1 3 6 6 7 3 4 14 13 9 11 2 8 4 3 1 5 3 4 4 4 8 12 7 21 18 22 27 34 21 23 14 31 5 3 5 22 22 36 16 14 24 20 4 2 2 3 1 3 1 5 1 8 3 4 1 1 0 4 0 0 6 0 0 8 1 40 24 52 71 109 109 110 98 82 84 70 119 50 118 144 207 233 243 191 161 161 161 19 16 22 47 55 42 58 41 50 28 33 4 4 7 4 13 20 12 14 8 18 13 3 0 0 1 12 14 10 8 10 19 11 7 0 5 3 5 8 3 8 7 5 3 1 0 3 5 6 2 4 1 2 2 3 1 0 0 0 1 1 1 0 0 1 1 5 4 15 11 17 20 22 26 5 11 6 25 32 24 10 16 63 38 40 26 65 38 10] 23 12 14 12 7 11 17 13 17 22 0 o 1 0 0 o 0 1 0 0 0 91 57 50 43 170] 90 154 153 144 140 86 13 22 9 11 5 12 7 1 6 15 13 12 6 15 8 1 1 0 0 0 0 1 0 Other Time Out of City Record Requests Golf Cart Permits Home Watches OLD BUSINESS ITEM #1 12/1/2021 1 OF BL Presentation, Discussion & Possible Action on an on Opening Invocations Before Meetings oft the City Council of Blanco, Texas Amendment from November 9, 2021 Ordinance TEXAS a KELLY KUENSTLER DECEMBER 7, 2021 BLANCO CITY COUNCIL MEETING 1 Discussion Councilmember Smith wants the Council to consider adopting a formal, written policy to clarify and codify invocation practices & wants Council to use Allowed fori invocations for thel benefit of thel legislative body itself "rather than for the individual leading thei invocation ort for those who might also be present Compiling a lists of monotheistic congregations by the City Secretary City Secretary to schedule respondents to the invitation "to give thei invocation on a first- Not affiliate the City with any one specific faith by opening its doors to a wide pool of clergy decisions of the Fourth Circuit as general guidance Guidance was as follows: come, first-serve basis CmyoF BLANCO TEXAS 2 1 12/1/2021 Discussion Councilmember Smith further recognizes that: > Ap policy should be adopted that does not proselytize or advance any faith or show any purposeful patterns of one religious view to the exclusion of Council has a constitutional duty to interpret, construe and amend its policies & ordinances to comply with constitutional requirements as they are Council accepts as binding that the applicability of general principles of law & all the rights and obligations afforded under the United States & Texas others announced Constitutions and Statues. CITYOF BLANCO TEXAS 3 Adoption 1. The policyi is to allow for but not to mandate an invocation or prayer which would be offered 2. Prayer shall not be listed or recognized as an agenda item fort the meeting or as part of public 3. Nor member or employee of the Council or any other person in attendance at1 the meeting 4. Prayer shall be voluntarily delivered by an eligible member of the clergy within the 5. Procedures for speakers (on a rotating basis) are outlined int the Ordinance 6. Noi invocation speaker shall receive compensation for his/her service. before meetings for the benefit of the Council business shall be required to participate in any prayer that is offered community of Blanco CIyoF 4 BLANCO TEXAS 4 2 12/1/2021 Adoption 7. The Secretary shall make every reasonable effort to ensure that a variety of eligible invocation speakers are: scheduled for the Council Meetings 8. Neither the Council nor thes secretary shall engage in any prior inquiry, review of or involvement int the content of any prayer offered by an invocation speaker. 9. Shortly before the opening of the meeting, the Mayor or thel Mayor Pro Tem shall introduce 10. The policyi is not intended and: shall not be implemented or construed in any way, to affiliate thei invocation speaker the Council witha ap particular faith or religion GIyoF - BLANCO TEXAS 5 Amendment as Suggested By Councilor Smith Page 5,#5 Nog guidelines orl limitations shall bei issued regarding ani invocation's content, except thatt the Council shall request by the language of this policy that noj prayer shouldj proselytize or advance anyf faith or disparage thei religious faith or non-religious views of others and shouldb be limited tot two (2)r minutes. Shortly before the opening gavel that officially begins the meeting and the agenda/business of thej public, thel Mayor or the Mayor Pro Tem shalli introducet thei invocation: speaker andi thej person selected to recite thel Pledge of Allegiance following thei invocation andi invite only those who wish to dos sot toj joine stand-for Page 5,# #9 those observances ofa andi for the Council. Changed City Attorney signature to Tim" Tuggey Page 6 6 3 12/1/2021 ecommendation & Fiscal Impact Fiscal Impact: None Recommendation: Council Discretion GryoF BLANCOTEAs 7 OF BLA Presentation, Discussion & Possible Action on an Ordinance on Opening Invocations Before Meetings oft the City Council of Blanco, Texas Amendment from November 9, 2021 TEXAS I KELLY KUENSTLER DECEMBER 7, 2021 BLANCO CITY COUNCIL MEETING 8 4 ORDINANCE 2021-0-012 AN ORDINANCE OF THE CITY OF BLANCO, TEXAS, CITY COUNCIL, ON OPENING INVOCATIONS BEFORE MEETINGS OF THE CITY COUNCIL OF BLANCO, TEXAS; PROVIDING FOR REPEALER, SEVERABILITY, ANDSAVINGS CLAUSES; AND PROVIDING FOR. AN EFFECTIVE DATE WHEREAS, the City Council of Blanco, Texas ("the Council") is an elected legislative WHEREAS, the Council now desires to adopt this formal, written policy to clarify and WHEREAS, our Country's Founders recognized that we possess certain rights that cannot be awarded, surrendered, nor corrupted by human power, and the Founders explicitly attributed the origin oft these, our inalienable rights, to a Creator. These rights ultimately ensure the self-government manifest in our Legislature, upon which we desire to invoke divine and deliberative public body, serving the citizens ofBlanco, Texas; and codify itsi invocation practices; and guidanceand blessing; and WHEREAS, such prayer before deliberative public bodies has been consistently upheld as constitutional by American Courts, including the United States Supreme Court; and WHEREAS, in Marsh V. Chambers, 463 U.S. 783 (1983), thel United States Supreme Court rejected a challenge to the Nebraska Legislature's practice of opening each day of its sessions with aj prayer by a chaplain paid with taxpayer dollars, and specifically concluded, "The opening of sessions of legislative and other deliberative public bodies with prayer is deeply embedded ini the history and tradition ofthis country. From colonial times through the founding of the Republic and ever since, the practice of legislative prayer has coexisted with the principles ofdisestablishment and religious freedom." Id., at 786; and WHEREAS, the Council desires to avail itselfo oft the Supreme Court's recognition that itisc constitutionally permissible for a public body to "invoke divine guidance" on: its work. Id., at 792. Such invocation "is not, in these circumstances, an establishment' ofreligion or a step toward establishment; iti is simply a tolerable. acknowledgment ofbeliefs widely held among the people ofthis country." Id.; and WHEREAS, the Supreme Court affirmed in Lynch V. Donnelly, 465 U.S. 668 (1984), "Our history is replete with official references to the value and invocation ofl Divine guidance in deliberations and pronouncements of the Founding Fathers and contemporary leaders." Id., at 675 and; Page 1 of6 WHEREAS, the Supreme Court further stated, that "government acknowledgments of religion serve, in the only ways reasonably possible in our culture, the legitimate secular purposes ofsolemnizing public occasions, expressing confidencei in the future, and encouraging the recognition of what is worthy of appreciation in society. For that reason, and because of theirl history and ubiquity, thosep practices arei not understood as conveying government approval ofparticular religious beliefs." Id., at 693 (O'Connor, J., concurring); and WHEREAS, the Supreme Court also famously observed in Zorach V. Clauson, 343U.S. 306, (1952), "We are a religious people whose institutions presuppose a Supreme Being." Id., at 313-14; and WHEREAS, the Supreme Court acknowledged in Holy Trinity Church V. United States, 143 U.S. 457 (1892), that the American people have long followed a "custom of opening sessions ofa all deliberative bodies and most conventions with prayer...," Id., at 471; and WHEREAS, the Supreme Court has determined, "The content of! [such] prayer is not of concern toj judges where... there is no indication that thej prayer opportunity has been exploited to proselytize or advance anyone, or to disparage any other, faith or belief." Marsh, 463U.S. at 794-795; and WHEREAS, the Supreme Court also proclaimed that it should not be the job of the courts or deliberative public bodies "to embark on as sensitive evaluation or toj parse the content ofaj particular prayer" offered before a deliberative public body. Id.; and WHEREAS, the Supreme Court has counseled against the efforts of government officials to affirmatively screen, censor, prescribe and/or proscribe the: specific content ofpublic prayers offered by private speakers, as such government efforts would violate the First Amendment rights ofthose speakers. See, e.g., Lee V. Weisman, 5051 U.S. 577, 588-589(1992); and WHEREAS, in Simpson V. Chesterfield County Bd. ofs Supervisors, 404F.3d2 276 (4th Cir. 2004), cert. denied, the United States Court of Appeals for the Fourth Circuit reviewed and specifically approved as constitutional thej prayer: policy ofa county board, and made ai number ofkey findings about said policy; and WHEREAS, the Council is not bound by decisions of the Fourth Circuit, but hereby acknowledges the general guidance provided by the most important of that court's findings in Simpson, including thei facts that thej policy there: (1) Allowed for invocations for thel benefit ofthe legislative body itself' "rather thanfor thei individual leading thei invocation or for those who might also be present,"Id., at 284; and (2) Established a practice of compiling a list of local monotheistic congregations,'with addresses taken primarily from the phone book," whereto the city clerk would send an invitation each December addressed to the' "religious leader" ofe each congregation, Id., at 279;and Page 2 of6 (3) Required the city clerk to schedule respondents to the invitation "to give the (4) Thus, "made plain that [the county board] was not affiliated with any one WHEREAS, the Fourth Circuit showed little concern that the prayers before board meetings in Simpson were "traditionally made to a divinity that is consistent with the Judeo- Christian tradition," Id., at 280, because Marsh also considered, and found constitutionally acceptable, the fact that the prayers in question fit broadly within 'the Judeo-Christian invocation on a first-come, first-serve basis,"Id.; and specific faith by opening its doors to a widepool ofclergy." Id., at 286; and tradition." Id., at 283 (quoting Marsh, 463 U.S. at 793); and WHEREAS, in Pelphrey V. Cobb County, 547 F.3d 1263, 1278 (11th Cir. 2008), the United States Court of Appeals for the Eleventh Circuit followed thei rationale and reasoning of Marsh and Simpson and upheld the constitutionality of a county commission's invocation policy; WHEREAS, thel Eleventh Circuit in Pelphrey specifically rejected the argument that the Establishment Clause permits only nonsectarian prayers at] legislative meetings, holding instead that prayers are permitted as long as "there is no indication that prayer opportunity has been exploited to proselytize or advance anyone, or to disparage any other, faith or belief," Id. at 1266; WHEREAS, the Council intends, and has intended in past practice, to adopt a policy that does not proselytize or advance any faith, or show any purposeful preference of one religious view to the exclusion ofothers; and WHEREAS, the Council recognizes its constitutional duty to interpret, construe, and amend its policies and ordinances to comply with constitutional requirements as they are announced; and WHEREAS, the Council accepts as binding the applicability of general principles of law and all the rights and obligations afforded under the United States and Texas Constitutions and statutes. NOW, THEREFORE, BE IT RESOLVED by the City Council ofBlanco, Texas, that the foregoing premises are found to be true and correct and, accordingly, the Council hereby adopts the following written policy regarding opening invocations before meetings of the Council: 1. In order to solemnize proceedings oft the City Council of Blanco, Texas, iti is the policy of the Council to allow for, but not to mandate, an invocation or prayer to be offered before itsi meetings for thel benefit ofthe Council. 2. The prayer shall not be listed or recognized as an agenda item for the: meeting 3. No member or employee oft the Council or any other person in attendance at the or as] part ofthe public business. meeting shall be required toj participate in any prayer that is offered. Page3of6 4. Thej prayer shall be voluntarily delivered by an eligible member ofthe clergy in thel Blanco Community. To ensure that such person (the' "invocation speaker")i is selected from among a wide pool ofthel Blanco Community Clergy, on ai rotating basis, thei invocation speaker shall bes selected according to the following procedure: a. The City Secretary (the "Secretary") shall compile and maintain a database (the Congregations List") of the religious congregations with an b. The Congregations List shall be compiled by referencing the listing for"churches," "congregations," or other religious assemblies in the annual YellowPages phone book(s) published for the City of Blanco, Texas, research from the Internet, and consultation with local chambers of commerce. All religious congregations with an established presence in the local community of the Blanco are eligible to be included in the Congregations List, and any such congregation can confirm its inclusion by specific written request to the established presence in thel Blanco Community. Secretary. C. The Congregations List shall also include the name and contact information of any chaplain who may serve one or more oft the fire departments d. The Congregations List shall be updated, by reasonable efforts of the orlaw enforcement agencies ofthe CityofBlanco, Texas. Secretary, in November ofe each calendar year. e. Withint thirty (30)days ofthe effective date ofthis] policy, and on or about December 1 of each calendar year thereafter, the Secretary shall mail an invitationaddressed to the "religious leader" of each congregation listed on the Congregations List, as well as to the individual chaplains included on the Congregations List. f. The invitation shall be dated at the top of the page, signed by the Secretaryat thel bottom ofthep page, and read as follows: Dear religious leader, The City Council of Blanco, Texas makes it a policy to invite members ofthe clergy in the Blanco community to voluntarily offera a prayer before the beginning of its meetings, for the benefit and blessing oft the Council.. As the leader ofone ofthe religious congregations with an established presence in the local community, or in your capacity as a chaplain for one ofthe local fire departments or law enforcement agencies, you are eligible to offer this important service at an upcoming meeting of the Council. Page 4 of6 Ifyou are willing to assist the Council in this regard, please send awritten reply at your earliest convenience to the City Secretary at the address included on this letterhead. Clergy are scheduled on a. first-come, first-serve basis. The dates of the Council's scheduled meetings for the upcoming. year are listed on the following, attached page. If you have a preference among the dates, please state that request in your written This opportunity is voluntary, and you are free to offer the invocation according to the dictates ofyour own conscience. To maintain a spirit ofrespect and ecumenism, the Council requests only that the prayer opportunity not be exploited as an effort to convert others to the particular, faith of the invocation speaker, nor to disparage any. faith or belief different than that of the On behalf of the City Council of Blanco, Texas, I thank you in reply. invocation speaker. advance for considering this invitation. Sincerely, City Secretary g. As the invitation letter indicates, the respondents to the invitation shall bescheduled on a first-come, first-serve basis to deliver thej prayers. 5. No guidelines or limitations shall be issued regarding an invocation's content, except that the Council shall request by the language of this policy that no prayer should proselytize or advance anyi faith or disparage thei religious faith or non-religious views ofothers and should be limited to two (2) minutes. 6. No invocation speaker shall receive compensation for his or her service. 7. The Secretary shall make every reasonable effort to ensure that a variety of eligiblei invocation speakers are scheduled fori the Council meetings. In any event, no invocation speaker shall be scheduled to offer aj prayer at consecutive meetings of the Council, or at more than three (3)Council meetings in any calendar year. 8. 9. Neither the Council nor the Secretary shall engage in any prior inquiry, review Shortly before the opening gavel that officially begins the meeting and the of,orinvolvement in, the content ofany prayer tol be offered by ani invocation speaker. agenda/business oft the public, the Mayor or the Mayor Pro Tem shall introduce the invocation speaker and the person selected to recite the Pledge of Allegiance following the invocation and invite only those who wish to do sO toj join stand-for those observances ofand for the Council. 10. This policy is not intended and shall not be implemented or construed in any way, to affiliate the Council with, nor express the Council's preferencei for, any faith or religious denomination. Rather, this policy isi intended to acknowledge and express the Council's respect for the diversity of religious denominations and faiths represented and practiced among the citizens of] Blanco, Texas. Page 5 of6 NOW, THEREFORE, BEITFURTHER RESOLVED that this policy shall DULY ADOPTED AND APPROVED by the City Council of the City of becomeeffective immediately upon adoption by the Council. Blanco,Texas, on this 9th day ofl November 2021. APPROVED: Rachel Lumpee Mayor ATTEST: Laurie Cassidy City Secretary APPROVED AS' TO FORM: Tim Tuggey City Attorney Page 60 of6 OLD BUSINESS ITEM #2 12/3/2021 OF BL Presentation, Consideration & Possible Action on Mainstreet Architects, Inc. (Blanco Streetscape & City Masterplan) TEXAS aommD KELLY KUENSTLER DECEMBER 7, 2021 BLANCO CITY COUNCIL MEETING Discussion ON Mainstreet Architects, Inc. answered an RFQ issued by Streetscape and presented their proposal to Streetscape in June. Streetscape awarded the RFQ to Mainstreet Architects, Inc. in July oln August, City Administrator met with Mainstreet Architects, Inc. in an effort to understand how the Streetscape proposal should come before an update to the City's master plan. CIyoF / BLANCO TEXAS 2 1 12/3/2021 Discussion Both the City Administrator and Sue Ann Pemberton of Mainstreet Architects agreed that the project needed to be redesigned and that projects should run parallel and that the fee would be based over the duration oft the project. > Even with the rewrite, City Administrator does not believe it isi ini the best City Administrator discussed the original RFQ & possible revision with o This item was brought before the City Council in November and the Council opted to not fund it; however, Councilor Smith asked that it be brought back interests oft the taxpayer to do the entire plan. Streetscape on November gth. up at the 12-7-2021 City Council Meeting. CIyoF * BLANCO TEXAS 3 Options 1. Adopt the Mainstreet Architects, Inc. plan as is and do al budget adjustment for the payment oft the City's portion of the plan (whatever is determined). $80,000 2. Adopt a veryr revised version of the plan, i.e., last bullet points in Phase 1 which would cost Streetscape $15,000-1 Mainstreet Architects, Incs supports this expenditure 3. Don'ta adopt the plan and revisit next year. 4. Any other revision the Council decides upon. GmyoF <BLANCOTEuIs 4 2 12/3/2021 Recommendation & Fiscal Impact Fiscal Impact: $15,000-S Streetscape has most of this amount currently in the RFQ but instead fund downtown amenities; however, thisi is the complete discretion of the Council its budget Recommendation: City Administrator recommends that the Council not fund GmYoF BLANCOTEXAS 5 OF BL Presentation, Consideration & Possible Action on Mainstreet. Architects, Inc. (Blanco Streetscape & City Masterplan) TEXAS KELLY KUENSTLER DECEMBER 7, 2021 BLANCO CITY COUNCIL MEETING 6 3