Category: City of Bastrop

I wrote extensively on March 30 about what appear to be flagrant violations of the Texas Open Meetings Act (TOMA) by the City of Bastrop with its called meeting on March 31.

But wait! There’s more.

Another meeting has been called. This time for Wednesday, April 2, 2025. The agenda says it’s a Special City Council Meeting. But you wouldn’t know that by scanning the list of meetings. It’s not called a Special City Council Meeting on the list of City Council meetings. It’s called “Pet Microchipping Townhall Meeting”.

What’s a city-sponsored “Townhall Meeting” anyway? There is no such meeting type in the Bastrop Charter or Rules of Procedure. Both the PDF and HTML agendas for this meeting repeatedly refer to a City Council meeting or the Council. The HTML public agenda actually says this is a “Special City Council Meeting”. All references to the Council, on both agendas, are highlighted below. Why would any member of the public accessing either of these agendas think this is not a City Council meeting?

And, did I mention that once again, the HTML version of the agenda says there will be a closed session at 5PM, a “Mayor’s State of the City Address” at 6PM and the meeting starts at 6:30. Yes, it does, and it also says, in the upper right corner, that the meeting starts at 5:30. One agenda. Two different meeting start times. The PDF version of the agenda also says the meeting starts at 5:30. So, which is it?

As a member of the public, I have to guess if the meeting starts at 5:30 or at 6:30. I have to guess if that “Mayor’s State of the City Address” will be given or repeated from the other poorly noticed meeting two days earlier, or not. I also have to guess who is giving presentations and guess at the subject matter. Presentations should be identified along with the presenter on an agenda.

The point of the Texas Open Meetings Act is so that citizens know what is going on at City Hall, what their elected officials are up to, and to allow citizens a forum to express their views on the topics advertised.

Governing bodies and city officials can’t just make it up as they go. This meeting completely fails the TOMA test. It should be properly noticed as a Council meeting with a quorum of the Council in attendance to officially listen to and collect citizen input on this subject.

At what point does sloppy government actually become illegal government? At what point does the business conducted at improperly noticed special meetings become moot? At what point does a presentation by a council person who is also a candidate become illegal electioneering in City Hall?

On Friday, March 28, notice of a City of Bastrop Special Council meeting was posted. Two versions are provided for the public online: HTML and PDF. I typically grab the HTML version. I took screen shots of that last night.

This morning, while doing a search for “State of the City”, I happened to view, then grab, the PDF version.

What a difference!

• At the top of the HTML agenda is an Executive Session at 5PM. No rationale for that Executive Session is shown. That is required by law.
• In the PDF version, that Executive Session has been removed.
• Is there, or is there not, an Executive Session? If there is, what’s the subject?
• “Staff and Board Reports” is an item on the HTML agenda. Not on the PDF version.
• Will there, or will there not, be Staff and Board Reports?
• The HTML version lists “Presentations” during the meeting, but no indication of the subject of those “Presentations”.
• How can the public know if they’d be interested in attending to hear those “Presentations” if they don’t know what they are?
• The HTML agenda includes “Mayor’s State of the City Address” at 6PM.
• The PDF agenda does not list a “Mayor’s State of the City Address” at all, but rather during the meeting it lists “City of Bastrop Presentation” but not by whom nor the subject matter.
• Will there be a “Mayor’s State of the City Address” by Council candidate and Mayor Pro Tem John Kirkland? If so, that would seem to be illegal electioneering in City Hall. Perhaps that’s why the item name change.
• A search of City of Bastrop agendas since 2005 for “State of the City” returns only one other instance of such an address at a noticed Council meeting: in 2023 upon the retirement of Mayor Connie Schroeder.
• The City website home page shows that a “State of the City” address was just done on September 16, 2024 by the City Manager at a Chamber meeting. The video remains online. So why another one just 6 months later? Could it be there’s an election coming up on May 3?
• The HTML agenda says the meeting starts at 6:30. The PDF agenda says it starts at 6.
• So an attendee referencing the HTML agenda will be a 1/2 hour late to a meeting that the PDF agenda says starts at 6PM. Is that a legal meeting? Questionable at best.
• The HTML agenda says the meeting location is Bastrop City Hall City Council Chambers (top right). The PDF agenda says it is the Convention Center.
• So an attendee referencing the HTML agenda will go to City Hall. An attendee referencing the PDF agenda will go to the Convention Center.
• Finally, on the CityofBastrop.org website list of meetings, this meeting isn’t even listed as a “Special City Council Meeting” but rather is listed like this:
  
  How is a member of the public supposed to know that this is actually a Special City Council Meeting? If I didn’t look at the agenda itself, I would have guessed this was a meeting of some organization and that it didn’t pertain to me.

So at what point does sloppy government become illegal government? I submit that it has done so with the publication of this meeting if the City Council chooses to hold this meeting in the face of so many notice irregularities.

March 31 Update

After sending an email to the City Manager, City Council members, City Attorney and some members of the press about this “Town Hall”, I received a quick response from the City Manager. While I appreciate her rapid response, her comments concern me.

“This is an informational meeting to give the residents an opportunity to hear from the developer, also learn the history of the project from a timeline perspective and what the local government code actually states, and lastly, where the project stands.”

Since when does a city government hold a meeting that is not a Council meeting or Planning & Zoning meeting to allow a developer to present (sell) his development concept or plans? If the developer wants to hold such a meeting, well, that’s his or her prerogative. But the city should not be doing so.

Will the city do this for every developer that wants a public forum to “sell” interested parties on its project? On what basis will the city turn down the next developer who asks for such a forum? City government cannot discriminate. This isn’t the first controversial development and it won’t be the last.

If the developer were not allowed to speak, but the city wanted to hold an educational meeting about its code and use various completed development examples to explain that code, that would be one thing. But to hold a “Townhall” on behalf of a single developer is completely inappropriate.

Last November, five months ago, y’all who live in the City of Bastrop went out and voted on Charter Amendments: 12 of them to be exact. Defeated were G (57.3% opposed) and L (62.4% opposed). All others passed.

Prop G would have required replacing all gender-specific terminology with gender-neutral terminology in the Charter. Prop L would have allowed the City Manager to live outside the city limits. Both were soundly defeated. Ten were passed.

You wouldn’t know that by the City’s website or the actions of the City Manager and City Council, led now by Mayor Pro Tem and Council Candidate John Kirkland.

Council Overturns Public Vote Results

The Council, in a 3 to 2 vote with John Kirkland breaking the tie, overturned the will of the voters on Prop M. That’s right. They just decided that your vote didn’t count. Why? Because Ken Paxton might sue the City over it. And, the lawsuit might cost $400,000 to defend.

Prop M was the marijuana question. And, for the record, if I were a City of Bastrop voter, I would have voted against Prop M.

Why didn’t Kirkland and his gang put that question’s results on hold until all the facts were in? That would have been the responsible thing to do. Overturning a public vote is an affront to representative government.

And while we’re questioning financial decisions, why didn’t Kirkland put the vendetta against Mayor Nelson on hold until all the investigations were completed? If the City Council is so worried about spending money frivolously on lawyers, why did the Council majority support Kirkland’s spending of taxpayer dollars in the amount of $137,000+ to continuously denigrate an elected official with false allegations? Why not wait until they heard from those allegedly investigating all this?

And what will they overturn next: letting the City Manager live outside the City even though the Charter says she must live in the City? Oh, that’s right, they already did that too.

Charter Ignored in Calling Meetings

The City Charter says “Such special meetings may be called as necessary upon written notice to the City Secretary by the Mayor or by any three of the other members of the Council.”

I submitted Open Records Requests for the November 21, 2024, December 17, 2024, January 17, 2025, January 22, 2025, and March 4, 2025 special meeting calls. None were called in compliance with the City Charter.

Think about it. If the City Council complied with the City Charter, there must be documents requesting these meetings. But, according to city officials, there weren’t.

In every case but the first one, I was told, in writing, that there were no documents responsive to my request. I received only one response and that was to my first request. It was only sent to me after my repeated protestations that there had to be some document(s) calling the meeting. City Manager Carrillo had requested the meeting via email to the Council people. Because 4 Council people replied they could attend, Carrillo contends that is the equivalent of them providing “written notice to the City Secretary”. Except, Carrillo isn’t the City Secretary.

More sloppy government. And, a City Manager and Mayor Pro Tem flagrantly willing to ignore the City Charter that the public voted to put in place. This City Manager and Mayor Pro Tem Kirkland constantly thumb their noses at you, the voting public.

Charter Changes Not Online

The City Charter has not been updated online. The election took place in November and has been certified by the City Council. Yet, the nine approved changes aren’t there. How can any person be expected to understand what this Council is doing, and under what authority they’re doing it?

Leadership Counts

Leadership counts. It’s expected that leadership will follow the rules. It’s not appropriate for City Council and their staff to make it up as they go along. They have reference material to use if they have questions. They can read the Charter just like I can (except it’s out of date). It’s the framework for transparent and open government. When they don’t follow it, they’re doing a disservice to every taxpayer and voter in the City of Bastrop.

Public comments delivered by Carol Spencer at the 3/4/25 City of Bastrop Council Meeting.  The Council had multiple ordinances modifying its B3 Zoning Code on the agenda for 1st reading, with second reading and adoption one week later.

In college, I majored in French.  I then joined IBM in computer sales. I was not a civil engineer, planner, surveyor or well versed in any other land use profession.  So why was I appointed to our local planning board? I was treasurer of a citizens group involved in a local affordable housing issue. Development was exploding in our town, just like here.  I knew that planning was a critical driver of what our community would ultimately look like.  But my background meant I had a lot to learn.

This is where your citizens are today.  They, like you and I, didn’t wake up one morning knowing what is a plat, what are setbacks, what’s an ADU, how is density calculated, what’s the relationship amongst development, school taxes, city & county taxes.  They didn’t wake up knowing how to participate in the planning process: concept plans, public hearings, first readings, second readings, advisory reviews, conditional uses, and so much more.

SLOW THIS DOWN.

The last time y’all changed the code, it took 7 months with multiple listening sessions in the City.  In a less formal environment, people could ask questions and learn. But not this time.

If you stay on this course, only 23 days will have passed from the first Planning & Zoning public hearing to final adoption by this Council, just a few more than that from the city-wide mailing.  Take out weekends and holidays that city hall is closed, that’s only 16 working days.  Sixteen days for average citizens to absorb what you’re doing, ask questions, understand the process, and attempt to have their voices heard both pro and con.

I’m not opposed to most of what you’re considering. My main concern is that you’re ignoring density by not addressing ADUs on small lots.  So while you’re banning duplexes, you’re still allowing a single family home and 2 additional dwelling units on that same lot.  Ban two dwelling units, but allow three by ordinance? That’s increased density.  Is that really what you want to do? 

SLOW THIS DOWN. 

Indefinitely postpone these ordinances until your planners draft a full buildout plan showing what this city will look like when built out according to these new codes. Give your citizens time to absorb this information so they can make informed comments on these major changes to their city.  That’s the responsible thing to do as elected officials.

Thank you.

In 2019, the City of Bastrop adopted new development code ordinances. It took a long time because the City gathered a lot of public input prior to holding any Planning & Zoning public hearings or City Council public hearings.

The City held public meetings to “share future development plans and to solicit community input”. These were held on April 10 2019, May 9 2019, June 8 2019 and June 26 2019. The draft code, technical manual, and draft pattern book were released on May 24, 2019 so the public could review them. Another public meeting was held to solicit input on the technical manual on August 22 2019. The Planning and Zoning Commission did not take action to approve the code until September 26, 2019. The Council’s first reading of the new zoning ordinance was October 22 2019. The second reading and final adoption took place on November 12 2019.

From the first public meeting to final adoption was seven months.

Why, then, is the City Manager Sylvia Carrillo trying to push through a new code in just 23 days? There’s always a reason when that happens. So, what’s the rush?

Last night’s meeting agenda was far too long. The meeting started at 5PM. I don’t know what time it ended because I left at 9:30 when there were still two items to be discussed and voted on. There was a full house when it started. By the time I left, there were barely 25 people in the room.

Even the Commissioners were exhausted. So exhausted, in fact, that one of them left the meeting. Another read a motion for setback code changes when he meant to read a motion for lot size code changes. He was so tired he didn’t even realize he was reading the wrong prewritten motion. Setbacks hadn’t even been discussed yet.

Four hour meetings are unfair to the governing body, but most especially to the public who have to work the following day, may have had to arrange child care or may be elderly. Again, what’s the rush?

For all the bloviating about drainage, street width, cost of street maintenance by Carrillo last evening, pushing this forward in such a short time frame only makes sense in the context of future development. What’s on the drawing board for which these changes are needed? What’s the rush?

Citizens need to remember that the Gateway development was defeated on May 14, 2024. That date is important because the developer can resubmit an application one year later: May 15, 2025. If Carrillo has her way, the new code will be adopted by March 11, 2025. That’s 2 months for the Gateway developers to have access to the new code to lay out a conforming development.

Previously, developers were required to comply with a grid layout of streets and roads-including the Gateway development. If these proposed changes become law, that will no longer be the case, facilitating a different design for this project and every other.

What else is on the drawing board? Are there mapping changes? Zone changes to specific areas? There’s something in Bastrop’s future for which these code changes are necessary, that’s for sure.

I spent eight years on a planning board, six years on a town council. I know this game. Nothing of this magnitude and effect on citizens gets rushed through this fast without an ulterior motive. It’s likely the Planning & Zoning Commissioners have no idea what it is, and perhaps only the Council majority that votes together knows. Maybe only the City Manager knows. But there is an ulterior motive that will reveal itself in time. Otherwise, what’s the rush?

The City of Bastrop held numerous public hearings before it adopted the current zoning ordinance. The public had many opportunities to provide input. Modifications were made based on that input. The Council held public hearings on the ordinance to obtain more public input, and then it was adopted. That happened just 6 years ago in 2019.

As proven by the defeat of the Gateway project, the code worked. An over-intense project was proposed needing a zone change. When citizens came out to oppose the unfettered development on steep slopes behind Bucees, the developers modified their plan. They hoped they’d still get approval for a zone change so they could build their multi-million dollar project. That strategy did not work and the zone change request was defeated.

That, however, wasn’t the death of the project. It was just denied under current zoning. And the defeat only meant citizens wouldn’t see it again for 12 months.

But there’s more than one way to skin a cat.

Why not change the entire zoning plan for the City of Bastrop? Make it so complex that citizens cannot absorb it all. Do it quickly before citizens realize what’s happening and why.

Developers do this all the time. Can’t get what they want one way, they try another tactic. Can’t get a zone change on a particular piece of property? Change city-wide zoning instead and buried deep within is the zone change that developer wanted all along.

It’s all about money. The profits from major developments run in the tens, sometimes hundreds of millions of dollars. So, they get Council people out of the way who might or do oppose their plans and install Council people who vote “yes” for the zone changes because they’re in the developers pocket or they just aren’t “minding the store”. (Sound familiar? Get rid of Lyle Nelson and pro-Gateway Council member(s) remain.)

No matter how it happens, the developer gets its development, citizens be damned. Once the code is modified and the proposed development meets the zoning criteria, the development gets approved.

It’s odd the code is being re-written and shoved through so quickly. Odd, too, is that it’ll be adopted just in time for Gateway to be refiled, only this time, a zone change won’t be needed making that development harder to defeat.

I’ll be very surprised if this isn’t what happens. The only thing that will change is if citizens come out in droves and express their opposition to these zone changes. Waiting for future development projects is just too late.