SPECIAL CITY COUNCIL MIEETING AND PUBLIC HEARING OF THE GOVERNING BODY OF THE CITY OF BLANCO December 7, 2021 5:00 PM Byars Building, 308 Pecan Street, Blanco, Texas 78606 Please join my meeting from your computer, tablet, or smartphone. ts/pbhalgomectinsecinssmioip1856867 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: htips/global.gotometing.cominstal/818568677 Notice is hereby given that a special meeting and public hearing of the governing body of the City of] Blanco will be held on Tuesday, December 7, 2021, at 5:00 pm at Byars Building, 308 Pecan Street, 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) 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 on the agenda until a future meeting. Proclamation: January 23 = 29, 2022 as School Choice Week in BLANCO Presentation: CRC Presentation, Dawn Capra, Site Director and Alyce Sierra 1IPage City Council Agenda -December 7, 2021 Staff Presentations: 1. City Hall (Kelly Kuenstler) 2. Police Department, (Chief Rubin) Consent Agenda: The following 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 those items will be pulled for separate consideration. 1. Approval of Interlocal Agreement between the City of] Blanco and the Blanco Emergency Services District, Number 2 (Kelly Kuenstler, Interim City Administrator). PUBLIC HEARING (6:00 PM): 1. Public Hearing on the Adoption of the Proposed 2021 City-Wide Zoning Map Amendment. Old Business: Consider, discuss, and take appropriate action on the following: 1. Discussion, Consideration, and Possible Action on Amendment to Ordinance 2021-O- 012 on Opening Invocations Before Meetings of the City Council of Blanco, Texas (Councilmember Smith). 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 Zoning Map Amendment. 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 (Kelly Kuenstler, Interim City Administrator). 4. Discussion, Consideration and Possible Action on a Contract For Legal Counsel Between the City ofl 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 of a public officer or employee, to wit: consideration and possible action regarding entering into contract negotiations with City Administrator Candidate. 2. Discussion, Consideration, and Possible Action Pursuant to Section 551.074 oft the Texas Government Code, deliberation regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a 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). 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 to possible reclaimed water contract between City and Chamaco Mio Investments, LLC. 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 purchase a portion ofCity's interest undivided interest. Take any action as a result of Executive Session. Adjournment This agenda has been reviewed and approved by the City ofBlanco, 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 opinions ofa courtofrecord 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 satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. The Council may vote and/or act upon each ofthe items set out in this agenda. The City Council for the City ofBlanco has the right to 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 from Executive Session to Open Session for action. - / 4 Ouso Q. Gsbidy By: Laurie A. 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 of said Notice and that I posted a true and correct copy of said Notice in the window in 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 3rd day of December 2021 before 5:00pm and remained sO posted continuously for ateast 72 hours preceding the scheduled time oft the meeting. haue Q. Cssidu By: Laurie A. Cassidy, City Secretar 3Page City Council Agenda December 7, 2021 PROCLAMATION OF THE CITY OF BLANCO PROCLAIMING JANUARY 23-29, 2022, AS City of Blanco School Choice Week WHEREAS all children in the City of Blanco should have access to the highest-quality education possible; and, WHEREAS the City ofl Blanco recognizes the significant role that an effective education plays in preparing all students in City of Blanco to be successful adults; and, WHEREAS quality education is critically important to the economic vitality of the City of Blanco; and, WHEREAS the City of] Blanco is home to a multitude ofhigh quality public and nonpublic schools from which parents can choose for their children, in addition to families who educate their children in the home; and WHEREAS, educational variety not only helps to diversify our economy, but also enhances the vibrancy of our community; and, WHEREAS the City of Blanco has many high-quality teaching professionals in all types of school settings who are committed to educating our children; and, WHEREAS, School Choice Week is celebrated across the country by millions of students, parents, educators, schools, and organizations to raise awareness ofthe need for effective educational options; 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 of all of our citizens. Rachel Lumpee, Mayor City of Blanco, Texas - - & CRC Community Resource Centers of Texas Inc. Welcome to Community Resource Centers ofTexas, Inc. Blanco County = Johnson City, TX REDICE GCaN Center CRC 206 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 AARP/SCSEP 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 ofTexosi inc. Program Information Our Benevolence and Older Adult Rural Services (OARS) funds were 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. 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 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 nomebound and older adults ages 55 & up. Our transportation program offers free rides to those needing assistance getting to and from doctors' appointments, grocery stores or other necessary locations. Volunteer drivers are eligible for mileage reimbursements after each trip. CRC Community Resource Centers of 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 CRC for more information: (830) 868-0208; blanco@crctx.org Adult Probation-Jake Meadows, 830-868-4008, scdcsol@blancocountytexas.0rg. Any Baby Can = Cynthia Quinonez, 512-334-4464, yntnadeanypabyanoe ECI = serves families with children up to 3 years old. BCFS Education Services-Head Start - Brittany Sparks, 830-307-2956, bs@bcfs.net, full day Pre-K. Catholic Charities - Justin Estep, 512-651-6111, ustinestepercctorg immigration services. CPS - Karon Gayoso, 512-715-3534, srongevooedpiteassea Combined Community Action (Meals on Wheels) - Noel Buck, 979-540-2991, nbuck@rcaction.com. Community Action, Inc. - Margery Marshall, 512-392-1161:309, mmarshall@.communityaction.com, utility assistance. Community Action, Inc. - Sarah Johnson, (701) 626-2142, arahyohnson@-communityaction.com, ESL/GED classes. Blanco EMS-Community Paramedic 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, esalazar@endeavorsorg assistance for homeless or soon to be homeless Veterans. Highland Lakes Family Crisis Center - 830-693-3656, aids survivors of family/dating violence. Hill Country Children's Advocacy Center - Alicia Ports, 512-756-2607, aliciap@hcac.org, mental health therapy to physically/sexualy abused children 3-18. Johnson City Christian Food Pantry - Tim or Margie Vasquez, 830-868-0208, margesl6legmal.com. K'Star = Delia Amold,830-739-2245, elaarnold@istar.org: free counseling for children and teens. Lion's Club = Paul Axtell, 830-387-8957, eerreehvet@gmalicom. Maximus - Lupe Allegria, GuadalupeAlegriaemaximus.com, Texas Health Steps. Hill Country MHDD 512-392-8953.3525. Methodist Healthcare/Wesley Nurse = Cindy Leonard, 830-868-7440, cleonard@mhm.org: financial assistance, health/wellness screenings, prescriptions. North Hill Country Public Defender's Office - Michelle Moore, 972-567-9018, mmorehumetounyeavt Workforce Solutions RCA - David Schlaeger, 512-756-6769 x 1116, david.schlaeger@ruralcapital-net, job prep & training, help with job searches. Hill Country Memorial WIC - Amy Carrillo, 830-257-4400, acarrllo@hillcountrymemorial.org, nutrition education, supplemental foods, formula for infants 0-3. 12/1/2021 CRC Community Resource Centers ofTexas! Inc. AGENCIES AND SERVICES AVAILABLE IN BLANCO COUNTY CRC * FREE WEATHERIZATION FOR LOW INCOME HOUSEHOLDS offered by Community Action, Inc. * FREE BOX FANS offered by Age of Central Texas, Aging & Disability Resource Center, and Family Eldercare * FREE IN-HOUSE VIRTUAL CONSULTATIONS with Central Texas Food Bank counselors for those seeking state benefits * FREE APPLICATION ASSISTANCE for the Comprehensive Energy Assistance Program offered by Community Action, Inc. * FREE APPLICATION ASSISTANCE for the Texas Rent Relief Program * FREE EMERGENCY BROADBAND SERVICES offered by United Service Administrative Company * MEALS ON WHEELS DISTRIBUTION CENTER for packs of five frozen meals per week provided by Combined Community Action * CONNECTION TO local nonprofits, state agencies, and service providers * GROCERY DELIVERY PROGRAM a Store to Door grocery delivery service * TRANSPORTATION VOUCHER PROGRAM a voucher reimbursement program to provide transportation for the mobility challenged 12/1/2021 STAFF CITY HALL 12/3/2021 City Administrator's Office Staff Presentation oL S 2 TEXAS KELLY KUENSTLER am DECEMBER 7, 2021 BLANCO CITY COUNCIL MEETING 1 GyoF Noteworthy Updates! BLANCO TEXAS Simple City should have our forms ready for distribution in Development: Serviçes. My goal was to get the development illustrations and forms to coincide with UDC to you before leave SO that is one goal that is accomplished. Interviews were conducted last week a great group of people for the Operation of the Water by Wastewater Plants. Councilmember Barron, Counçilmember Smith, Mike Rieken (citizen) & OJ Armstrong (citizen) interviewed with mé on December 1st 2 companies that were interviewed were. Jacobs Engineering & Inframark the groups selected Inframark as the company with whom to negotiate. 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 = GryoF the "go live" date is January, 2022 BLANCO TEXAS Because the Finance Dept is in the middle ofthe IRS audits this week, there will not be a Financial Status Report 3 QUESTIONS GIryoF BLANCO TEXAS 4 2 12/3/2021 City Administrator's Office Staff Presentation DF BL4 - 6 6 TEXAS KELLY KUENSTLER am DECEMBER 7, 2021 BLANCO CITY COUNCIL MEETING 5 3 STAFF POLICE DEPARTMENT BLANCO POLICE DEPARTMENT ROLICE MONTHLY STATISTICS 2021 A F $ a $ $ / A / H A Crime Statistics YTD Major Crimes Assaults 1 0 0 0 1 3 1 0 0 3 1 10 Sexual Offenses 0 0 0 1 0 0 0 0 0 O 1 2 Other 0 0 0J 0 0 0 0 0 0 O 1 1 Burglaries Residence 0 1 2 0 0 0J 0 1 0 O 0 4 Vehicle 0 0 1 0 1 0 0 0 0 OJ 0 2 Business 0 0 0 1 OJ 4 0 0 1 OJ 0 6 Theft 1 1 5 1 2 2 1 6 5 1 2 27 Criminal Mischief 7 2 1 3 1 2 0 3 1 3 0 23 Alcohol Violations 3 2 7 4 4 3 3 3 2 7 2 40 Narcotics Violations 9 3 14 7 10 13 9 20 9 10 5 109 Arrests Cases Filed 13 22 9 11 5 12 7 79 Individuals 11 4 16 2 7 15 13 12 6 16 8 110 Adult 1 6 15 13 12 6 15 8 76 Juvenile 1 1 0 0 0 0 1 0 3 Offenses 13 9 23 2 9 31 13 21 15 22 7 165 Felony 7 1 10 2 4 8 7 11 9 8 6 73 Misdemeanor 6 8 13 0 5 23 6 10 6 14 1 92 Calls for Service YTD Total Calls for Service 100 115 116 105 185 361 394 322 339 328 254 2619 Assist EMS 4 7 3 7 5 5 10 11 9 6 6 73 Assist Fire 0 1 1 2 2 3 2 2 4 2 1 20 Assist Other Agency 10 15 11 15 12 7 17 16 26 22 24 175 Assist Public 4 33 4 18 8 4 2 6 12 8 4 103 Accidents 1 3 6 6 7 3 4 14 13 9 11 77 Disturbances 2 8 4 3 1 5 3 4 4 4 8 46 Suspicious Activity 12 7 21 18 22 27 34 21 23 14 31 230 Alarms 5 3 5 22 22 36 16 14 24 20 4 171 Animal Calls 2 2 3 1 3 1 5 1 8 3 4 33 City Ordinance Viol. 1 1 0 4 0 0 6 0 0 8 1 21 Traffic Enforcement YTD Citations 40 24 52 71 109 109 110 98 82 84 70 849 Warnings 119 50 118 144 207 233 243 191 161 161 161 1788 Speeding 19 16 22 47 55 42 58 41 50 28 33 411 D.L. Violations 4 4 7 4 13 20 12 14 8 18 13 117 Registration 3 0 0 1 12 14 10 8 10 19 11 88 Insurance 7 0 5 3 5 8 3 8 7 5 3 54 Stop Sign/Light 1 0 3 5 6 2 4 1 2 2 3 29 Equipment 1 0 0 0 1 1 1 0 0 1 1 6 Other 5 4 15 11 17 20 22 26 5 11 6 142 Other Time Out of City 25 32 24 10 16 63 38 40 26 65 38 377 Record Requests 10 23 12 14 12 7 11 17 13 17 22 158 Golf Cart Permits 0 0 1 0 0 0 0 1 0 0 0 2 Home Watches 91 57 50 43 170 90 154 153 144 140 86 1178 OLD BUSINESS ITEM #1 12/1/2021 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 KELLY KUENSTLER Rn 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 decisions oft the Fourth Circuit as general guidance o Guidance was as follows: o Allowed for invocations for the benefit of the legislative body itself "rather than for the individual leading the invocation or 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 the invocation on a first- come, first-serve basis Not affiliate the City with any one specific faith by opening its doors to a wide pool of clergy CmyoF BLANCO TEXAS 2 1 12/1/2021 Discussion o Councilmember Smith further recognizes that: o A 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 others Council has a constitutional duty to interpret, construe and amend its policies & ordinances to comply with constitutional requirements as they are announced Council accepts as binding that the applicability of general principles of law & all the rights and obligations afforded under the United States & Texas Constitutions and Statues. CIyOF BLANCO TEXAS 3 Adoption 1. The policy is to allow for but not to mandate an invocation or prayer which would be offered before meetings fori the benefit of the Council 2. Prayer shall not be listed or recognized as an agenda item for the meeting or as part of public business 3. No member or employee of the Council or any other person in attendance at the meeting shall be required to participate in any prayer that is offered 4. Prayer shall be voluntarily delivered by an eligible member of the clergy within the community of Blanco 5. Procedures for speakers (on a rotating basis) are outlined in the Ordinance 6. No invocation speaker shall receive compensation for his/her service. CIyoF 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 the secretary shall engage in any prior inquiry, review of or involvement in the content of any prayer offered by an invocation speaker. 9. Shortly before the opening of the meeting, the Mayor or the Mayor Pro Tem shall introduce the invocation speaker 10. The policy is not intended and shall not be implemented or construed in any way, to affiliate the Council with a particular faith or religion GIyoF BLANCO TEXAS 5 Amendment as Suggested By Councilon Smith Page 5, #5 No guidelines or limitations shall be issued regarding an invocation's content, except that the Council shall request by the language oft this policy that noj prayer should proselytize or advance any faith or disparage thei religious faith or non-religious views of others and should be limited tot two (2) minutes. Page 5, #9 Shortly before the opening gavel that officially begins the meeting and the agenda/business of the public, the Mayor or the Mayor Pro Tem shall introducei the invocation speaker and the person selected to recite the Pledge of Allegiance following the invocation and invite only those who wish to do so1 toj join stand-for those observances of and: for the Council. Page 6 Changed City. Attorney signature to Tim Tuggey 6 3 12/1/2021 Recommendation & Fiscal Impact Fiscal Impact: None Recommendation: Council Discretion GrYoF BLANCO TEXAS 7 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 KELLY KUENSTLER RINA 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, AND SAVINGS CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council ofl Blanco, Texas ("the Council') is an elected legislative and deliberative public body, serving the citizens ofBlanco, Texas; and WHEREAS, the Council now desires to adopt this formal, written policy to clarify and codify its invocation practices; 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 of 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 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), the 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 in 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 treedom. 1 Id., at 786; and WHEREAS, the Council desires to avail itself oft the Supreme Court's recognition that it is 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' of religion or a step toward establishment; it 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 of Divine guidance in deliberations and pronouncements of the Founding Fathers and contemporary leaders. 1 Id., at 675 and; Page 1 of 6 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 ofs solemnizing public occasions, expressing confidencein the future, and encouraging the recognition of what is worthy of appreciation in society. For that reason, and because of their history and ubiquity, those practices are: not understood as conveying government approval of particular religious beliefs. " Id., at 693 (O'Connor, J., concurring); and WHEREAS, the Supreme Court also famously observed in Zorach V. Clauson, 343 U.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 ofall 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 to judges where there is no indication that the prayer opportunity has been exploited to proselytize or advance anyone, or to disparage any other, faith or belief." Marsh, 463 U.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 a sensitive evaluation or to 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 ofp public prayers offered by private speakers, as such government efforts would violate the First Amendment rights ofthose speakers. See, e.g., Lee V. Weisman, 505 U.S. 577, 588-589 (1992); and WHEREAS, in Simpson V. Chesterfield County Bd. ofSupervisors, 404 F.3d 276 (4th Cir. 2004), cert. denied, the United States Court of Appeals for the Fourth Circuit reviewed and specifically approved as constitutional the prayer policy ofa county board, and made a 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 the facts that the policy there: (1) Allowed for invocations for the benefit ofthe legislative body itself "rather thanfor the individual leading the invocation or for those who might also be present, I Id., at 284; and (2) Established a practice of compiling a list of local monotheistic congregations, "with addresses taken primarily from the phone book,' n whereto the city clerk would send an invitation each December addressed to the "religious leader" of each congregation, Id., at 279;and Page 2 of6 (3) Required the city clerk to schedule respondents to the invitation "to give the invocation on a first-come, first-serve basis, n Id.; and (4) Thus, "made plain that [the county board] was not affiliated with any one specific faith by opening its doors to a wide pool of clergy.' " Id., at 286; and 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,' 1 Id., at 280, because Marsh also considered, and found constitutionally acceptable, the fact that the prayers in question fit broadly within 'the Judeo-Christian 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 the rationale and reasoning of Marsh and Simpson and upheld the constitutionality of a county commission's invocation policy; WHEREAS, the 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 of others; 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 of] Blanco, 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 of the City Council of Blanco, Texas, it is the policy of the Council to allow for, but not to mandate, an invocation or prayer to be offered before its meetings for the benefit ofthe Council. 2. The prayer shall not be listed or recognized as an agenda item for the meeting or as part ofthe public business. 3. No member or employee ofthe Council or any other person in attendance at the meeting shall bei required to participate in any prayer that is offered. Page 3 of 6 4. The prayer shall be voluntarily delivered by an eligible member ofthe clergy in the Blanco Community. To ensure that such person (the "invocation speaker") is selected from among a wide pool ofthe Blanco Community Clergy, on a rotating basis, the invocation speaker shall be 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 established presence in the Blanco Community. b. The Congregations List shall be compiled by referencing the listing for"churches,' V 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 Secretary. C. The Congregations List shall also include the name and contact information of any chaplain who may serve one or more ofthe fire departments orlaw enforcement agencies oft the City ofBlanco, Texas. d. The Congregations List shall be updated, by reasonable efforts of the Secretary, in November of each calendar year. e. Within 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 the bottom ofthe 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 offer a prayer before the beginning ofits meetings,for the benefit and blessing ofthe 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 6 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 reply. 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 invocation speaker. On behalf of the City Council of Blanco, Texas, I thank you in 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 the 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 any faith or disparage the 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 eligible invocation speakers are scheduled for the Council meetings. In any event, no invocation speaker shall be scheduled to offer a prayer at consecutive meetings of the Council, or at more than three (3) Council meetings in any calendar year. 8. Neither the Council nor the Secretary shall engage in any prior inquiry, review of, orinvolvement in, the content ofany prayer to be offered by an invocation speaker. 9. Shortly before the opening gavel that officially begins the meeting and the agenda/business of 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 to join stand-for those observances of and 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 preference for, any faith ori religious denomination. Rather, this policy is 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, BE IT FURTHER RESOLVED that this policy shall becomeeffective immediately upon adoption by the Council. DULY ADOPTED AND APPROVED by the City Council of the City of Blanco,Texas, on this gth day ofNovember 2021. APPROVED: Rachel Lumpee Mayor ATTEST: Laurie Cassidy City Secretary APPROVED AS TO FORM: Tim Tuggey City Attorney Page 6 of6 OLD BUSINESS ITEM #2 12/3/2021 L, - Presentation, Consideration & Possible Action on Mainstreet Architects, Inc. (Blanco Streetscape & City Masterplan) TEXAS KELLY KUENSTLER 2 DECEMBER 7, 2021 BLANCO CITY COUNCIL MEETING 1 Discussion o Mainstreet Architects, Inc. answered an RFQ issued by Streetscape and presented their proposal to Streetscape in June. o Streetscape awarded the RFQ to Mainstreet Architects, Inc. in July o In 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 o 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 of the project. o Even with the rewrite, City Administrator does not believe it is in the best interests of the taxpayer to do the entire plan. o City Administrator discussed the original RFQ & possible revision with Streetscape on November gth. 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 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 a budget adjustment for the payment of the City's portion of the plan (whatever is determined). $80,000 2. Adopt a very revised version of the plan, i.e., last bullet points in Phase 1 which would cost Streetscape $15,000 = Mainstreet Architects, Inc supports this expenditure 3. Don't adopt the plan and revisit next year. 4. Any other revision the Council decides upon. GryoF BLANCO TEXAS 4 2 12/3/2021 Recommendation & Fiscal Impact Fiscal Impact: $15,000 - Streetscape has most of this amount currently in its budget Recommendation: City Administrator recommends that the Council not fund the RFQ but instead fund downtown amenities; however, this is the complete discretion of the Council GTYOF BLANCO TEXAS 5 / 6) Presentation, Consideration & Possible Action on Mainstreet Architects, Inc. (Blanco Streetscape & City Masterplan) TEXAS KELLY KUENSTLER R DECEMBER 7, 2021 BLANCO CITY COUNCIL MEETING 6 3