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. ts/pohalotomecingcomon7400741 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: pphaigetomecinscingom/mal/740721 Notice is hereby given that a regular meeting ofi the governing body of the City of Blanco will be held on Tuesday, November 9, 2021, at 6:00 pm at Gem of the 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) Counciimember Smith Present/Absent) Councilmember Barron (Present/Absent) Councilmember Divine (Present/Absent) 2. Pledge of Allegiance 3. Announcements (No Action May Be Taken) 4. 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. 1IPage City Council Agenda -November 9, 2021 Presentations: 1. Presentation by Aqua Strategies: Assessment of Costs for Two Wastewater Disposal Strategies for the City of Blanco (Nick Dornack, The Meadows) 2. Presentation on Aquifer Storage and Retrieval (ARS); Charles Schoening of ARCADIS Staff Presentations: 1. City Hall (Kelly Kuenstler) 2. Public Works (Ronnie Rodriguez) 3. 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 Minutes from the October 12, 2021, Regular City Council Meeting. 2. Approval of Minutes from the November 1, 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 in 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 Months of November and December 2021. Old Business: Discuss, Consider, and Take Appropriate Action on the Following: 1. Discussion, Consideration, and Possible Action on approval ofOrdinance 2021-0-013 Collection, Distribution, and Usage of Rainwater in the City of Blanco (Councilmember 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 (Councilmember Smith). 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 of Blanco 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 ofOrdinances ofthe 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 (Public Works Director, Ronnie Rodriguez). 7. Discussion, Consideration, and Possible Action on Extension Agreement between the City ofl Blanco and Six-Wheeler LLC (Interim City Administrator, Kelly Kuenstler). 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 Blanco and Six-Wheeler LLC. 2. 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. 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 ofthe meeting, considering available opinions ofa court ofrecord 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 of the items set out in this agenda. The City Council for the City ofBlanco has thei 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,Fxecutive Session to Open Session for action. - Koue aGsidy By: Laurie A. Cassidy, City Secretary I, the undersigned authority, do hereby certify that the above Notice of Meeting of the Governing Body of the City of Blanco is a true and correct copy of said Notice and that Ij 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 5th day of November 2021 before 5:00pm and remained sO posted continuously for at Bast 72 hours preceding the scheduled time of the meeting. D - aaue Q Casidy By: Laurie A. Cassidy, City Secretary 3Page City Council Agenda -November 9, 2021 TEXAS 4 STATE 8 UNIVERSITY The rising STAR ofTexas October 30, 2021 City of Blanco Attn: Kelly Kuenstler, Interim City Administrator 300 Pecan Street Blanco, TX 78606 RE: Blanco Water Reclamation Task Force recommendation for consideration by Blanco City Council Dear Ms. Kuenstler, As Director of Watershed Services for The Meadows Center for Water and the Environment, I have served as the official facilitator of the Blanco Water Reclamation Task Force (Task Force) commissioned by the City of Blanco in September 2020. The 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 a 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 ofn municipal effluent within a time period not to exceed 18 months or until the City gets TLAP infrastructure in place, whichever occurs first. It is anticipated positive action by Council on this Task Force recommendation would save the City of1 Blanco $1,090,000 when compared to 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 a 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 Task Force 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 THE MEADOWS CENIER FOR WATER. AND THE ENVIRONMENT 601 University Drive I Spring Lake Hall, Room 108 I San Marcos, Texas 78666-4616 pbone: 512.245.9200 Ifaxe 512.245.7371 I WWW.MEADOWSCENTERTESTATEEDU This letter is an eledronic communication, from Texas State Universiy. MEMBER THE TEXAS STATE UNIVERSITY SVSTEM" 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 will be used to secure federal infrastructure funds or other state-run financing programs to enhance water and wastewater infrastructure for the City. The recommendation and discussion below are the result ofthe 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 of 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 ofl Blanco. 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 of the attached report serves as the driver for the Task Force recommendation presented in this memo: the addition ofa 9.2r million gallon. lined storage pond would provide sufficient capacity for a 0.225 MGD' TLAP when combined with 100 acres of agricultural irrigation. 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 of a TLAP for the City of Blanco. The phased approach would require revisions to the current permit application, including a new time-limited phase and updates to effluent limits and monitoring requirements. The primary benefits ofthis approach to the City ofBlanco are two-fold. First, aj phased 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 #21 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 the TLAP. 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 the risk of an expensive contest case hearing process. Potential litigants will have to acknowledge Page 2 of4 that the City has participated in a multi-pronged stakeholder engagement effort to identify best-fit solutions for wastewater disposal and is bound to a permit that will achieve no-discharge standards within an exceptionally reasonable timeframe. Further consideration "Assessment of Costs for Two Wastewater Disposal Strategies for the City of Blanco - REVISED" 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 of Blanco. 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 ofthe same 9.2 million gallon pond and assumes costs associated with a 0.225 MGD TPDES permit that would allow discharge to the Blanco River in situations where the City exceeds its capacity for storage and use of reclaimed water. 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 2 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 case 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 $1.090.000. 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" Scenario 1 Scenario 2 Expense TLAP permit TPDES permit New Pond $1,232,420 $1,232,420 Permitting* $60,000 $0 Pipeline $0 $200,000 Nutrient reduction $0 $200,000 Land acquisition TDB $0 Litigation** $0 $750,000 Total $1,292,420 $2,382,420 * Note: Net costs, above those of Scenario 2. ** 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 in the short-term, it is likely to increase other costs, notably those associated litigation and future expansion. Page 3 of 4 Third Party Monitoring To support the City's commitment to maintaining a 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 ofBlanco wastewater treatment plant operations through a new agreement or revision to the existing MOU with the City ofl Blanco. Next Steps Should the 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 staff to finalize details of a revised permit application. The Task Force is happy to facilitate, engage and provide ongoing support throughout the permit revision and application process. Please feel free to contact me for additional information at 512.213.7389 or at nickdomakitatate-edu. Sincerely, Nick Dornal Nick Dornak Director of Watershed Services, The Meadows Center for Water and the Environment Page 4 of 4 AquaStrategies Water Planing. Science & Engineering Assessment of Costs for Two Wastewater Disposal Strategies for the City of Blanco Revised Tot Nick Dornak, The Meadows Center for Water and the Environment Frams Keith O'Connor, PE and Barney Austin, PhD, PE Dates October 29, 2021 introduction 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 of 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 to the capacity of the wastewater treatment plant (WWTP). The first scenario involves the construction of sufficient on-site storage and acquisition of land for disposal through irrigation such that discharge would not be required, even in extreme events. An expansion of the City's Texas Land Application Permit (TLAP) would be required in this case. The other scenario also involves construction of a pond and the discharge oft treated wastewater into the Blanco River during wet conditions using a Texas Pollutant Discharge Elimination System (TPDES) permit. The City would seek to continue to irrigate its own property, and that of neighbors through long-term agreements. Specifically, the 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 order to preclude the need to discharge, even under prolonged and extremely wet conditions. Estimated costs include the construction of a large, lined storage pond that would be used as part of1 the system for the future sale of Chapter 210 reclaimed water. 2. A TPDES permit that allows overflow from the ponds to the Blanco River. This scenario would also involve increasing existing storage constructed near the WWTP site but it also includes the cost of construction of a pipeline through the Palmer property for disposal of the effluent, and additional treatment needed to meet anticipated Total Phosphorus levels in the range 0.15 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 be needed to dispose of1 thet treated effluent. This entire pond capacity and acreage would not be needed until the WWTP is handling closer to 0.225 MGD (60 percent more than the current rate of production) but are good numbers for planning purposes, consistent with the "Phase !" in the City's current permit amendment application. 1 Assessment of Costs of Two Wastewater Disposal Strategies for the City of Blanco For the TPDES scenario, no land is needed at all because all of the 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 desire to expand the storage on-site. The amount of land irrigated through agreements with adjacent landowners will dictate how much wastewater will be discharged to the river. Iti is important to note that the schedule of use for a TLAP permit is different than what it would be under agreements with landowners growing hay. Under a TLAP agreement, TCEQ typically allows irrigation all year long, as long as the ground is not frozen or saturated. When reclaimed water is provided for hay production, for example, the landowners may not want that water outside ofi the growing season. This is an important distinction in the water balance assumption for the two scenarios. The table below shows the water use distribution assumed. For the TLAP permit scenario, the amounts would have to be negotiated with TCEQ but because there is a TLAP permit in 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 be too different. However, further assumptions have been made in the water balance calculations'. Table 1 Assumed rrigation distribution for two scenarios (inches per day, average for month)? Month TLAP TPDES Jan 0.103 0.000 Feb 0.103 0.000 Mar 0.103 0.060 Apr 0.103 0.100 May 0.103 0.220 Jun 0.103 0.260 Jul 0.103 0.270 Aug 0.103 0.150 Sep 0.103 0.180 Oct 0.103 0.110 Nov 0.103 0.020 Dec 0.103 0.000 Iti is important to note, as the authors did in the previous report, that while both land for irrigation and storage are required for disposal of treated wastewater, there is a trade-off between the 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 with landowners could be obtained at very little cost to the City. The figure below (Figure 1) shows what the relationship between the two looks like for the City under both scenarios and reflecting different schedule of use of the treated wastewater. Numbers 1 For the water balance calculations, the authors assume no irrigation will occur the day after a rainfall of 0.25 inches or more, but can otherwise occur all year long, subject to the monthly distribution shown in the table. 2 Ini the table, the TLAP numbers are assumed but likely close to what TCEQ would approve after full analysis. The Reclaimed water numbers reflect the distribution proposed in the City's TPDES permit amendment application. 2 Assessment of Costs of7 Two Wastewater Disposal Strategies for the City of Blanco presented reflect the desire for no discharge and the storage-irrigation scenario required to achieve that. 300 250 -TLAP 200 -TPDES o 150 100 d0 a 50 0 5 10 15 20 25 30 35 40 Total: storage needed (MG) Figure 1 -Total storage needed versus total land needed for TLAP and TPDES scenarios, assuming no discharge to the Blanco River in either scenario. Ift the City supports periodic discharge of treated wastewater to the Blanco River, a smaller pond could be constructed or less land used for irrigation. The Phase I Task 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 in the need to discharge periodically under the TPDES scenario, unless at least 180 acres of land can be secured for irrigation, but less often than with the current configuration (9.08 MG of storage and 26.07 acres of land under irrigation). Discharge to the river would inevitably be required at times unless additional storage were made available to the City and demand for reclaimed water continues to grow, especially outside of the growing season. The following notes and assumptions are relevant in this analysis: The ponds are assumed to have total depth of 8 ft (6 ft water depth and 2 ft free board). Estimates include construction of berms on all existing ponds and the new pond by utilizing the excavated soil from new pond. Fortifying the berms of the existing ponds with the excavated material from the construction of the new pond would help maintain water quality by preventing runoff into the ponds, which currently occurs. The analysis assumes for Scenario 1 that a total of 100 acres of land can be acquired or leased to dispose ofthe treated wastewater through a TLAP permit with a neutral or net positive financial impact on the City. The amount the City is able to charge for reclaimed water in the future has yet to be negotiated for each potential tract of land, but the City would need agreements in place with a term of at least the life of the permit. TCEQ recommends and looks more favorably upon a longer term that allows for transition between permit renewals. Iti is 3 Assessment of Costs of Two Wastewater. Disposal Strategies for the City of Blanco likely that the City willl be able to obtain a steady cash inflow from reclaimed water in the future under both scenarios. Since the new pond in both scenarios would be at a different elevation compared to the existing ponds, a duplex pump system was included to pump effluent from the existing ponds to the new pond. The piping will have an isolation valve with bypass piping that can be used to drain water from the new pond to one of the existing ponds. Irrigation application rates for the TPDES scenario were based upon monthly application rates developed by 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 will have synthetic liners because of the lack of suitable clay nearby. The cost of the synthetic liners is comparable to that of clay. The authors of this memo and Tom Turk have discussed the need for a closed tank near the WWTP, to hold reclaimed water. This would make it easier to maintain Type 1 standards and would probably make it easier to manage reclaimed water onsite. The closed tank may not be needed, but ift the City decides to build one, to make the system easier to manage, then it would benefit both scenarios (i.e. if not needed for one scenario, then it would not be needed for the other). The cost of the tank has not been included in either scenario. The cost of a new 9.2 MG pond was developed assuming the desire to maintain Type 2 reuse standards required for land application, but it is likely that Type 1 could be achieved based on nearby examples. Ten nearby wastewater reuse permits for Type 1 reclaimed water were found by the authors of this memo, but because of the difficulty in identifying such facilities in the TCEQ database the way it is set up, there are likely more. In a recent conversation with CO- author Keith O'Connor (KIT), Louis Herrin (TCEQ) said that open Type 1 ponds were very common in Texas and "no big deal" to TCEQ for permitting. Iti is assumed that the 0&M costs ofthe two scenarios are the same. Both scenarios consider the same volume of treated effluent, require agreements in place with adjacent landowners, and have opportunities for sale of reclaimed water. Both scenarios would benefit from construction of a pond to double storage, while the second scenario requires construction of a pipeline and a TPDES permit. Otherwise, the two scenarios are essentially the same in terms of operating costs. In order to meet TCEQ requirements associated with WWTP facilities, monitoring of the quality ofthe effluent is required. For a TPDES permit, the sampling must be done at the outfall, at a frequency described in the permit. For a TLAP permit, annual soil sampling is required at depths andi for parameters specified in the permit. For a Chapter 210 reuse permit, monthly sampling is also required. The City is already sampling soil and effluent discharge, associated with their current TPDES/TLAP permit; sale of reclaimed water may involve some additional sampling. 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 Scenario 1 Scenario 2 Expense TLAP permit TPDES permit New Pond $1,232,420 $1,232,420 Permitting* $60,000 $0 Pipeline $0 $200,000 Nutrient reduction $0 $200,000 Land acquisition TDB $0 Litigation** $0 $750,000 Total $1,292,420 $2,382,420 * Note: Net costs, above those of Scenario 2. ** Assumed cost, which might be much higher. The cost of the new 9.2 MG pond, recommended for the TLAP scenario, is estimated to be $1,292,420. This includes the costs of all the design, administration, construction, pipes, pumps and 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 been included in the table above. A total of 100 acres of land would be needed for irrigation, with costs (if any) to be determined. For the TLAP scenario, the City would likely be responsible for construction of "purple pipe" to the properties where the rrigation would occur, and probably the costs of the irrigation systems themselves, but that would depend oft the agreements that are executed with the landowners. In addition to a 9.2 MG pond, recommended for both scenarios, the TPDES scenario involves the cost of design and construction of a wastewater discharge pipeline. Mr. Tom Turk, the City's engineer, has estimated the construction costs to be $446,160, including contingencies. It is understood that the City would be responsible for only half the cost of the pipeline, up to a maximum of $200,000. There are no significant 0&M costs associated with the pipeline as the discharge would flow by gravity to the river. However, water quality sampling and reporting, perhaps as frequently as daily, would be required at the outfall when the facility is discharging to the river. Another cost involves additional treatment (nutrient reduction) which would likely be required of the City in order to obtain the TPDES permit. In 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 due to pumping and additional alum might also be incurred. Capital costs for1 the pond and pipeline TPDES scenario are estimated at $2,382,420. Mr. Palmer would be required to pay an additional $246,160 for the pipeline in this scenario. An important consideration for the TPDES scenario, factored into these costs, is the potential for litigation if the City decides to move forward with a TPDES permit. The estimated cost of litigation to the City in a contested case of this kind would likely exceed $750,000, included in the estimate provided above, depending on the path taken after the public hearing and based on a nearby and recent example. 5 Assessment of Costs of Two Wastewater Disposal Strategies for the City of Blanco Discussion For both scenarios doubling the size of the existing storage is recommended, with construction of a new 9.21 MG pond. If the City decides to go with Scenario 1, it is important that iti identifies land fori the TLAP permit as soon as possible, and determine what these costs are, if any. With a TLAP permit, some additional water conveyance lines, purple pipes" 1 will be needed to get the 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. Ift the City chooses Scenario 2, the volume of reclaimed water sold will dictate the frequency and volume of discharge to the river. The rate of expansion of wastewater production put forward by the City is fairly aggressive. For example, the rate of production put forward in the City's permit application for Phase 1 is 0.225 MGD, which is 60 percent greater than the current rate of production. Even ift 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 need for a permit with a production rate this high. An alternative approach would be to phase the permitting up to 0.225 MGD, such that there is less of a need for storage and land. This should be explored with the City, the Task Force and TCEQ. 6 Assessment of Costs of Two Wastewater, Disposal. Strategies for the City of Blanco Table 3. Cost Estimates of 9.2 MG Pond Description Units Quantity Unit Cost Total CIVIL Excavation CY 66,500 $4 $266,000 Berm CY 29,000 $6 $174,000 Synthetic Liner SF 265,500 $0.75 $199,200 In-situ Material over Synthetic Liner CY 9,667 $2 $39,400 3-inch Force Main LF 1,000 $25 $25,000 SUBTOTALCML $703,600 MECHANICAL Packaged Fiberglass Pump Station (1 duty + 1 standby @ 50 gpm each) EA 1 $50,000 $50,000 Pond Aerators EA 2 $15,000 $30,000 3-inch Swing Check Valve EA 3 $549 $1,700 3-inch Plug Valve EA 1 $758 $800 Miscellaneous Piping LS 1 $2,000 $2,000 SUBTOTALMECHANCAL $84,500 ELECTRICAL & INSTRUMENTATION Misc Electrical & Instrumentation LS 1 $12,000 $12,000 SUBTOTAL ELECTRICAL & NSTRUMENTATION $12,000 GENERAL REQUIREMENTS Mobilization LS 5% $40,005 $40,100 Other Division 1 Requirements LS 5% $40,005 $40,100 SUBTOTALGENERAL EQUIREMENTS $80,200 SUBTOTAL = $880,300 CONTINGENCY (25%) = $220,075 ENGINEERING AND ADMINISTRATIVE COSTS (15%) = $132,045 TOTAL ITEMS = $1,232,420 7 11/3/20: City Administrator's Office Staff Presentation > 4 : & - TEXAS KELLY KUENSTLER 2 NOVEMBER 9, 2021 BLANCO CITY COUNCIL MEETING 1 Noteworthy Updates! Ad Comp obtained all of utility billing's data last week and1 they shouid give live on December 1st. RCI, a Records Retention company will be visiting City Hall inl late November to begin to inventory city files and work with us on an inventory and a shred. After this big project is done, you should expect to do this every year as simply maintenance this point forward although next budget's expense should be less expensive. City Hall received the physical books which contain our current UDC and ordinances. This ist the first time that the City has been codified and has ever hadi this type of resource available. CIyoF & BLANCO TEXAS 2 11/3/20 Noteworthy Updates! Two (2) openings on the Planning & Zoning Board. These openings have been advertised on the city's social media. Laurie Cassidy was awarded a $500 training scholarship from the Texas Municipal Clerks' Association. She went to Galveston last week to attend their training and should complete her City Secretary Certification in January of 2023. City handed out Halloween bags on the 31st from 5:30 - 7:30 p.m. The event was successful! CITyoF BLANCO TEXAS 3 HUMAN RESOURCES Had open enrollment meetings in November and all eligible staff have signed up for the insurance plans of their choice. RFQ for City Attorney was published in newspaper on November 3rd and was posted on TML's website. The City Administrator position was advertised on city's social media, a few TCMA district wide mailers and on the TML website. Gy OF BLANCO TEXAS 4 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 our e filings report. lactually got to sign off on bank reconciliations since last time saw you First time since have been here that saw some light, well maybe some rays ofl light at the end ofi the tunnel. We still have more tunnel to traverse though. Council shouid have actual finance reports by the next meeting in December. CITy OF BLANCO TEXAS 5 Other Thoughts Before leave, - want to mention that I hope you will consider giving the Mayor position a larger stipend in next year's budget. If the City plans on having their Mayor at City Hall and taking appts, this would make it easier for an individual to be your mayor. You could also consider, because the Council stipends are sO minimal, giving City Councilors the options to forego their stipend. CIyoF BLANCO TEXAS 6 11/3/20 QUESTIONS A * - 2 2 GTYoF BLANCO TEXAS 7 City Administrator's Office Staff Presentation TEXAS KELLY KUENSTLER RRREON NOVEMBER 9, 2021 BLANCO CITY COUNCIL MEETING 8 11/3/202 BLANCO POLICE DEPARTMENT - OCTOBER MONTHLY REPORT TEXAS CHIEF RUBIN 09NOVEMBER2021 BLANCO CITY COUNCIL MEETING 1 POLIC BLANCO POLICE DEPARTMENT ACTIMITY - MONTHLY STATISTICS 2021 F à a d $ / F a à a de $ Crime Statistics an nse TrafficE Enforcement Catiens Werminvs DLVidatoni Bagistration rance Lrn ht Eour bie Other mE utc oy Recor Go nh Fmss HOMWNI MID - mal tyornance Viel. GTYoF BLANCO TEXAS 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 CImYoF BLANCO TEXAS 3 Accomplishments Officer Smith Electrical Control Weapon Instructor Detective DeReu completed Medicological Death Investigation Training Annual Weapons Qualifications Chief Rubin presentation to HHSC on mental health issues in rural jurisdictions GrYoF BLANCO TEXAS 4 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. CmyoF BLANCO TEXAS 5 BLANCO POLICE DEPARTMENT OCTOBER MONTHLY REPORT TEXAS CHIEF RUBIN Rn 29 09NOVEMBER2021 BLANCO CITY COUNCIL MEETING 6 BLANCO POLICE DEPARTMENT ROLICE MONTHLY STATISTICS 2021 - 5 $ a $ $ A 1 A A / Crime Statistics YTD Major Crimes Assaults 1 0 0 0 1 3 1 0 0 3 9 Sexual Offenses 0 0 0 1 0 0 0 0 0 OJ 1 Other 0 0 0 0 0 0 0 0 0 0 0 Burglaries Residence 0 1 2 0 0 0 0 1 0 0 4 Vehicle 0 0 1 0 1 0 OJ 0 0 O 2 Business 0 0 0 1 0 4 0 0 1 O 6 Theft 1 1 5 1 2 2 1 6 5 1 25 Criminal Mischief 7 2 1 3 1 2 0 3 1 3 23 Alcohol Violations 3 2 7 4 4 3 3 3 2 7 38 Narcotics Violations 9 3 14 7 10 13 9 20 9 10 104 Arrests Cases Filed 13 22 9 11 5 12 72 Individuals 11 4 16 2 7 15 13 12 6 16 102 Adult 1 6 15 13 12 6 15 68 Juvenile 1 1 0 0 O 0 1 3 Offenses 13 9 23 2 9 31 13 21 15 22 158 Felony 7 1 10 2 4 8 7 11 9 8 67 Misdemeanor 6 8 13 0 5 23 6 10 6 14 91 Calls for Service YTD Total Calls for Service 100 115 116 105 185 361 394 322 339 328 2365 Assist EMS 4 7 3 7 5 5 10 11 9 6 67 Assist Fire 0 1 1 2 2 3 2 2 4 2 19 Assist Other Agency 10 15 11 15 12 7 17 16 26 22 151 Assist Public 4 33 4 18 8 4 2 6 12 8 99 Accidents 1 3 6 6 7 3 4 14 13 9 66 Disturbances 2 8 4 3 1 5 3 4 4 4 38 Suspicious Activity 12 7 21 18 22 27 34 21 23 14 199 Alarms 5 3 5 22 22 36 16 14 24 20 167 Animal Calls 2 2 3 1 3 1 5 1 8 3 29 City Ordinance Viol. 1 1 0 4 0 0 6 0 0 8 20 Traffic Enforcement YTD Citations 40 24 52 71 109 109 110 98 82 84 779 Warnings 119 50 118 144 207 233 243 191 161 161 1627 Speeding 19 16 22 47 55 42 58 41 50 28 378 D.L. Violations 4 4 7 4 13 20 12 14 8 18 104 Registration 3 0 0 1 12 14 10 8 10 19 77 Insurance 7 0 5 3 5 8 3 8 7 5 51 Stop Sign/Light 1 0 3 5 6 2 4 1 2 2 26 Equipment 1 0 0 0 1 1 1 0 0 1 5 Other 5 4 15 11 17 20 22 26 5 11 136 Other Time Out of City 25 32 24 10 16 63 38 40 26 65 339 Record Requests 10 23 12 14 12 7 11 17 13 17 136 Golf Cart Permits 0 0 1 0 0 0 0 1 0 0 2 Home Watches 91 57 50 43 170 90 154 153 144 140 1092 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 US 281, Blanco, Texas. 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 absent. City staff present: Kelly Kuenstler, Laurie Cassidy, Ronnie Rodriguez, Zach Dorris, and Sergeant Thornhill. Mayor Lumpee made the following announcements: Covid active cases as of October 4 is currently 142; No burn ban at 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 blood drive 9-2, Monday, October 18. Public Comments: Libbey Aly announced the blood drive at Gem of the Hills was cancelled for October 18th and is now scheduled for October 20, 2021. 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 October 22-24 and October 29-31. Mayor Lumpee read the Proclamation for Hill Country Night Sky Month in Blanco. 1/Page 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 water and wastewater usage reports. 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 or a 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. A motion was made by Councilmember Barron to approve consent agenda items one through three, seconded by Councilmember McClellan, all in favor, motion 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 passed unanimously. 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 Divine, all in favor, motion passed unanimously. 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 A 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. 3IPage 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 34" 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 passed unanimously. 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 Kuenstier, 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 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. No Action taken in Executive Session. Council took 5 minute break and resumed regular meeting at 9:30 pm. New Business Item 3, Per Government Code 395, in order 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 A 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 A 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, Councimembers Barron, Divine, and McClellan. Councilmember Smith was absent. City staff present: Kelly Kuenstler, Laurie Cassidy, Ronnie Rodriguez, Zach Dorris, and Police Chief Rubin, and Lt. Thornhill. Mayor Lumpee made the following announcement: The City Planning and Zoning 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't 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 administrator. 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 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 passed unanimously. 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 ofi 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 favor, motion passed unanimously. 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 of 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, all in favor, motion passed unanimously. Adjournment: A 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. 2/Pag e City Council Minutes November 1, 2021 Council Appointments to Capital Infrastructure and Asset Management Committee Appointee Address City Councilor Frank Leblanc (Real Estate) City Limits Mike Smith Christine Anderson (P &Z) City Limits Martin Sauceda Steve Scheffe (Developer/Real Estate) Keith McClellan Mike Rieken (Engineer) Connie Barron Pamela Capps (Realtor) City Limits Deda Devine Gerald (OJ) Armstrong City Limits Mayor Lumpee National Opioids Settlement P.O. Box 43196 Providence, RI 02940-3196 NPD 269 122810016239 Postal Service: Please do not mark barcode - a NPD. AW-191-959 Kelly Dix City Secretary PO Box 1369 Burnet, TX 78611-7369 TO LOCAL POLITICAL, SUBDIVISIONS: IMPORTANT. INFORMATION, ABOUT THE NATIONAL OPIOID SETTLEMENT: SUBDIVISIONS MUST SUBMIT SIGNED DOCUMENTATION TO PARTICIPATE. THE DEADLINE FOR PARTICIPATION TO MAXIMIZE SETTLEMENT BENEFITS ISJANUARY2 2, 2022. 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 Sheet, you may disregard this notice. SETTLEMENT OVERVIEW After years of negotiations, 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, "Janssen"). 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 to 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 subdivisions to remediate and abate the impacts of the opioid crisis. The Settlements also contain injunctive relief provisions governing the opioid marketing, sale and distribution practices at the heart ofthe states' and subdivisions' lawsuits and further require the Distributors to implement additional safeguards to prevent diversion of prescription opioids. Each ofthe proposed Settlements has two key participation steps. First, each state decides whether to 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 of the settlement funds, even if the subdivision's state is settling and other participating subdivisions are sharing in settlement funds. This letter is part oft the formal notice required by the Settlements. To determine your eligibility to receive, directly or indirectly, any of the funds allocated to Texas should you elect to participate in the Settlements, you should first visit phwiusgeanieaiyadtaet 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 and allocations in Texas can be directed to the Texas Attorney.General's Office. 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 to 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 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 behalf of more 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 governments to commence with meaningful change designed to curb opioid addiction, overdose and death; Seçond, time is of the essence. The opioid epidemic continues to devastate communities around the country and it is critical that the funds begin to flow to allow governments to address the epidemiç in their communities as soon as possible; Third, if there 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 for trial, which will take many years; Fourth, the extent of participation also will determine how much money each state and its local subdivisions will receive because approximately half of the abatement funds are in the form of "incentive payments," i.e., the higher the participation of subdivisions in a state, the greater the amount of settlement funds that flow into that state; Fifth, you know first-hand the effects of 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 settlement discussions proceed against numerous other defendants in the opioid industry; Sixth, because pills do not respect boundaries, the opioid epidemic is a national crisis that needs a national solution. Big Spring $189,928 Meadowlakes $905 Big Wells $236 Meadows Place $18,148 Bishop $8,213 Medina County $48,355 Bishop Hills $323 Megargel $611 Blackwell $31 Melissa $15,381 Blanco $6,191 Melvin $345 Blanco County $49,223 Memphis $7,203 Blanket $147 Menard $991 Bloomburg $1,010 Menard County $14,717 Blooming Grove $352 Mercedes $21,441 Blossom $198 Meridian $3,546 Blue Mound $2,888 Merkel $10,117 Blue Ridge $1,345 Mertens $239 Blum $1,622 Mertzon $29 Boerne $45,576 Mesquite $310,709 Bogata $3,649 Mexia $21,096 Bonham $100,909 Miami $455 Bonney $2,510 Midland County $279,927 Booker $1,036 Midland $521,849 Borden County $1,000 Midlothian $95,799 Borger $69,680 Midway $78 Bosque County $71,073 Milam County $97,386 Bovina $173 Milano $904 Bowie $83,620 Mildred $286 Bowie County $233,190 Miles $93 Boyd $6,953 Milford $6,177 Brackettville $8 Miller's Cove $97 Brady $27,480 Millican $417 Brazoria $11,537 Mills County $19,931 Brazoria County $1,021,090 Millsap $34 Brazos Bend $462 Mineola $48,719 Brazos Country $902 Mineral Wells $92,061 Brazos County $342,087 Mingus $189 Breckenridge $23,976 Mission $124,768 Bremond $5,554 Missouri City $209,633 Brenham $54,750 Mitchell County $20,850 Brewster County $60,087 Mobeetie $52 Briarcliff $572 Mobile City $2,034 Briaroaks $57 Monahans $5,849 Bridge City $80,756 Mont Belvieu $19,669 Page 4 EXHIBIT K Subdivision Settlement Participation Form Governmental Entity: City of Blanco State: Texas Authorized Official: Rachel Lumpee, Mayor Address 1: P.O. Box 750 Address 2: City, State, Zip: Blanco, Texas 78606 Phone: 830-833-4525.x100 Email: Mayoraciyolblanco.com The governmental entity identified above ("Govermmental 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 to participate in the Distributor Settlement, release all Released Claims against all Released Entities, and agrees as follows. 1. The Governmental Entity is aware of 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 provided therein. 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 Claims that it has filed. 3. The Governmental Entity agrees to the terms of the Distributor Settlement pertaining to Subdivisions as defined therein. 4. By agreeing to the terms ofthe Distributor Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date. 5. The Governmental Entity agrees to use any monies it receives through the Distributor Settlement solely for the purposes provided therein. 6. The Governmental Entity submits to the jurisdiction ofthe court in the Governmental Entity's state where the Consent Judgment is filed for purposes limited to that court's role as provided in, and for resolving disputes to the extent provided in, the 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 provided in, the Distributor Settlement. K-1 7. The Governmental Entity has the right to enforce the Distributor Settlement as provided therein. 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 of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent ofits authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to 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 shall be interpreted sO as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Distributor Settlement shall be a complete bar to any Released Claim. 9. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the Distributor Settlement. 10. In connection with the releases provided for in 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 of1 the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to $ 1542 ofthe 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 ifl known by him or her would have materially affected his or her settiement with the debtor or released party. A Releasor may. hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the 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 of 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 participate in the Distributor Settlement. K-2 11. Nothing herein is 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, the Distributor Settlement controls. Ihave all necessary power and authorization to execute this Participation Form on behalf oft the Governmental Entity. Signature: Name: Rachel Lumpee Title: Mayor Date: November 4, 2021 K-3 11/3/2021 Presentation, Discussion and Possible Action on an Ordinance ofthe City of Blanco, Texas, Regulating the use of Rainwater Harvesting Systems; Providing a Repealing Clause; L A Providing a Severability Clause; Providing a Savings - Clause; Providing fora a Penaltyo of Fine Not to Exceed the Sum of Five - Hundred Dollars ($500.00) for Each Offense; and Providing an Effective Date TEXAS KELLY KUENSTLER a NOVEMBER 9, 2021 BLANCO CITY COUNCIL MEETING 1 Discussion o Council requested a Rainwater Ordinance draft in August and September o City Attorney borrowed an Ordinance similar to what Council is requesting from Richardson. Council made comments requesting revisions at the October, 2021, Council Meeting. C The amended ordinance is in your packets for discussion this evening. Cy OF BLANCO TEXAS 2 1 11/3/2021 Elements of the Ordinance Section 1 Rainwater Harvesting Systems - Includes Definitions Section 2 Notification Requirements Pursuant to Chapter 30 of the Texas Admin Code, Section 290.44 Section 3 Valid License Requirement Section 4 Permit Requirements Section 5 Backflow Protection Requirements Section 6 Construction, Installation & Maintenance Standards Section 7 Standards for Storage Tanks CITYOF 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 of the Ordinance Section 15 Effective Datee Cy OF 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 GrYoF BLANCO TEXAS 5 Presentation, Discussion and Possible Action on an Ordinance of the City of Blanco, Texas, Regulating the use of Rainwater Harvesting Systems; Providing a Repealing Clause; I 4 . - 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 TEXAS KELLY KUENSTLER R NOVEMBER 9, 2021 BLANCO CITY COUNCIL MEETING 6 3 ORDINANCE NO. 2021-0-013 AN ORDINANCE 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. 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 authorized under law, and in the best interest ofthe citizens of Blanco, Texas, the Mayor and City Council deem it expedient and necessary to adopt regulations regarding the use of rainwater 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 aj potable water supply pipeline and an open or nonpressure receiving vessel. Backflow prevention means the mechanical prevention ofreverse flow, or back siphonage, ofn nonpotable water from an irrigation system into the potable water source. Backflow prevention assembly means any assembly used to prevent backflow into aj potable water system. The type of assembly used is based on the existing or potential degree of health 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 a first-flush diverter, leafscreen, roof washer, or other similar device that is designed to prevent debris and sediment from entering the storage tank of a 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 distribution of untreated rainwater from a rooftop catchment surface or from precipitation captured directly from the sky to be used for outdoor landscape irrigation or foundation watering. Reduced pressure principle bacllow 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 of 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@cityofblanco.com Sec.3. Valid License Required. (1) Pursuant to Chapter 30 of 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 ofPlumbing 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 the person's home, and if the 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 if 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 flowt to distribute the rainwater, a plumbing permit is required. (b) If electrical components such as pumps are hard-wired into the electrical system, or additional circuits or wiring are added, an electric permit is required. (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 of alternative water sources on premises connected to the City water system presents the potential for contamination ofthe potable water supply if backflow occurs. Use of additional water sources (such as rainwater) on properties connected to the City potable water supply may require installation of a 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 to the City of Blanco Public Works department within 10 working days. (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 gap must be installed at the rainwater storage tank to ensure a physical separation between the rainwater system and the public water system. 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 maintained as follows: (a) May not create a public health hazard or nuisance to the general public; (b) Must be maintained as needed to keep system functioning as designed; (c) Must prevent accumulation of unwholesome, stagnant or offensive water; (d) Must prevent the attraction and breeding of 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. 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; (1) 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 - Do 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 of the 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: hitpsy/comptrollertesssovlaxsaleysales/forms/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 will be assumed to be using City potable water and will be subject to the drought rules. For more information on current drought restrictions go to: htps/www.ciyofblanco.com/water. 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: apshisusmihliessaatalsansalinsin Manual 3rdedition.pdf Page 4 Harvesting, Storing and Treating Rainwater for Domestic Indoor Use: nimsahansinctmuliezauossé 2021994.pdf Texas Water Development Board Rainwater Harvesting FAQs: phseiesew Rainwater Harvesting Potential and Guidelines for Texas: phamsihsussuiswaiwommitefaulient pdf Sec. 11. Repealer. (1) All provisions of the ordinances ofthe 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 of 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 be invalid, illegal or unconstitutional, and shall not affect the validity of any other City ordinance. Sec. 13. Offenses. (1) Any person who violates a provision ofthis ordinance is guilty ofa 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 of record 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 ofthe City of Blanco, Texas, on the day of 2021. APPROVED: Page 5 MAYOR APPROVED AS TO FORM: CORRECTLY ENROLLED: CITY ATTORNEY CITY SECRETARY Page 6