City of Bastrop – Carol A. Spencer

What’s the Rush?

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?

City of Bastrop P&Z Meeting 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.

City of Bastrop P&Z Meeting 9:30PM 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?

A Fix Without a Problem

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.

Effecting Charter Changes

If you live in the City of Bastrop, you may remember quite a few charter amendments on your ballot last November. Two failed. All the rest passed.

November? That’s almost 3 months ago. Are the changes in effect yet?

Good question. So, let’s figure that out. State law allows charter changes to be placed on the ballot. Citizens vote. If citizens approve a change, there are other steps that must be taken before they are law.

According to Texas law: Title 2, Subtitle A, Chapter 9, Sec. 9.005(b):

Sec. 9.005. ADOPTION OF CHARTER OR AMENDMENT.
(b) A charter or an amendment does not take effect until the governing body of the municipality enters an order in the records of the municipality declaring that the charter or amendment is adopted.

Has that been done? Well, it’s all a bit confusing and more of the sloppy government in the City of Bastrop that I’ve written about before.

The election was November 5, 2024.
On the November 12, 2024 City Council agenda was a draft “first reading” ordinance (2024-41) certifying the results of the election. This was deferred to a future meeting because final vote tally had not been sent to the City Council.
On the December 10, 2024 City Council agenda was a draft “first reading” ordinance (2024-41) certifying the results of the election. All questions except J were approved by the City Council as canvassed.
On the January 14, 2025 City Council agenda, more than 2 months after the election, was a draft of a resolution (rather than the previously adopted ordinance for second reading) (2025-07) certifying the results of the election.
As written, that resolution provided for the “adoption of Propositions A, B,C, D, E, F, G, H, I, J, K, L, and M.
On January 13, 2025, after reviewing the agenda, I emailed several City Council members and the Mayor letting them know that this verbiage was incorrect and that Proposition L had, in fact, been defeated by the voters. Further review showed that Proposition G had also been defeated.
At the meeting of January 14, 2025, a motion was made to modify the City Secretary’s written resolution to provide for the “the adoption of Propositions A, B, C, D, E, F, H, I, J, K, , and M; and the rejection of Propositions G and L.”
With that modification, the resolution certifying the results of the November 5, 2024 was finally adopted on January 14, 2025.

So, with all those delays, the City Manager bought almost three months more to move into the City limits. The current charter requires her to live in the City limits, but the City Council somehow gave her a pass. Voters reaffirmed that provision on November 5, 2024. So, has she moved into the City limits?

There are a couple of other legal steps once the Council has certified the results. Under Title 2, Subtitle A, Chapter 9, Sec. 9.007:

Sec. 9.007. CERTIFICATION OF CHARTER OR AMENDMENT.
(a) As soon as practicable after a municipality adopts a charter or charter amendment, the mayor or chief executive officer of the municipality shall certify to the secretary of state an authenticated copy of the charter or amendment under the municipality’s seal showing the approval by the voters of the municipality.

(b) The secretary of state shall file and record the certification in his office in a book kept for that purpose.

And, last, the City Secretary must record the changes either on microfilm or in a “book kept for that purpose.” As of this writing, the changes have not been recorded on the City’s website.

Sec. 9.008. REGISTRATION OF CHARTER OR AMENDMENT; EFFECT.
(a) The secretary or other officer of a municipality performing functions similar to those of a secretary shall record in the secretary’s or other officer’s office a charter or charter amendment adopted by the voters of the municipality. If a charter or amendment is not recorded on microfilm, as may be permitted under another law, it shall be recorded in a book kept for that purpose.

When a Mayor ≠ a Mayor

I’m sure each of us has an idea of what we think it means to be a mayor. I always thought the mayor ran the city, determined policy, crafted the budget, hired and fired. Basically, I thought the mayor was the executive in charge.

But, guess what? That’s not always the case. The city’s form of government determines who’s in charge, who hires and fires, who creates budgets, who adopts budgets, who authorizes spending, who negotiates contracts and more.

I was mayor under a “Strong Mayor / Weak Council” form of government. The City of Bastrop has a “Weak Mayor” because the form of government is “Council – Manager”. Broad powers are vested in the elected City Council and the City Manager, an unelected bureaucrat. The mayor has little to no authority.

COMPARE THE POWERS OF A STRONG MAYOR VERSUS A WEAK MAYOR

The powers of the mayor in a Strong Mayor / Weak Council community are as follows:

MAYOR : Exercises executive power of the municipality, appoints department heads with Council approval. Removes department heads subject to Council disapproval by 2/3 of all members. Prepares budget. Has veto over ordinances subject to override by 2/3 of all members of Council.

Mayor exercises executive power of the municipality. Up to 10 departments under Mayor’s direction. Business Administrator assists Mayor in budget preparation and administers purchasing and personnel systems. By ordinance, Business Administrator may supervise administration of departments, subject to Mayor’s direction.

COUNCIL : Exercises legislative power of municipality, approves appointment of department heads. Disapproves removal of department heads by 2/3 vote of all members. Overrides Mayor’s veto by 2/3 of all members.

Council sets its meeting dates and times. For a limited number of boards, commissions and committees, Council has ‘advice and consent’ authority. Council can appoint subcommittees of its members, but not inclusive of citizens.

The City of Bastrop operates under a “Council – Manager” form of government. The mayor is a “weak mayor”. Few of the powers listed in a “strong mayor” form of government is applicable to a “weak mayor” form.

As you can see from the list below, taken directly from the City of Bastrop Charter, the mayor in Bastrop has little to no authority over anything in the City. While the mayor is a member of the City Council, the mayor has no vote except in a tie and has no veto authority.

COUNCIL: enacts local legislation, adopt budgets, determine policies, appoints the City Attorney and the Judge of the Municipal Court. The Council shall also appoint the City Manager, who shall execute the laws and administer the government of the City.*

The Council shall have the power by ordinance to fix the boundary limits of the City.*

All powers of the City and the determination of all matters of policy shall be vested in the City Council.*

(1) remove from any office or position of employment in the City government, any officer or employee or member of any board or commission, unless that person reports to the City Manager or is employed in one of the City departments under the direction of the City Manager;
(2) establish, consolidate or abolish administrative departments;
(3) adopt the budget of the City;
(4) authorize the issuance of bonds;
(5) provide for such additional boards and commissions, not otherwise provided for in this Charter, as may be deemed necessary, and appoint the members of all such boards and commissions. Such boards and commissions shall have all powers and duties now or hereafter conferred and created by this Charter, by City ordinance or by law;
(6) adopt and modify the zoning plan and the building code of the City;
(7) adopt and modify the official map of the City;
(8) regulate, license and fix the charges or fares made by any person, firm or corporation owning, operating or controlling any vehicle of any character used for the carrying of passengers for hire on the public streets and alleys of the City;
(9) provide for the establishment and designations of fire limits and prescribe the kind and character of buildings or structures or improvements to be erected therein, and provide for the erection of fireproof buildings within said limits, and provide for condemnation of dangerous structures or buildings or dilapidated buildings, or buildings calculated to increase the fire hazard and prescribe the manner of their removal or destruction within said limits;
(10) adopt, modify and carry out plans for improvement and redevelopment of any area of the City which may have been destroyed in whole or part by disaster;
(11) adopt, modify and carry out plans for the clearance of slums and the rehabilitation of blighted areas;
(12) fix the salaries and compensation of the City officers and employees;
(13) provide for a sanitary sewer and water system and require property owners to connect with such sewer system, and provide for penalties for failure to make sanitary sewer connections;
(14) provide for garbage disposal, and set fees and charges therefor, and provide penalties for failure to pay such fees and charges;
(15) exercise exclusive dominion, control and jurisdiction in, upon, over and under the public streets, avenues, sidewalks, alleys, highways, boulevards and public grounds of the City and provide for the improvement of same;
(16) compromise and settle any and all claims and lawsuits of every kind and character in favor of or against the City.*

So what can the mayor do in the City of Bastrop, you ask? Not much.

MAYOR: The Mayor shall preside over the meetings of the Council*

The Mayor shall appoint members to all City boards and commissions, subject to confirmation by the Council.*

The Mayor shall also be recognized as the chief presiding
officer of the City.*

The Mayor shall also be recognized as the head of the City by all courts for the purpose of serving civil processes, by the Governor for the purpose of enforcing military law and for all ceremonial purposes.*

That’s it. That’s all the Mayor of the City of Bastrop can do. And, once the Council, as this Council did, takes away the Mayor’s office, requires Council approval for the Mayor to represent the City at various functions, what’s left?

All that’s left is the right to preside over Council meetings. The mayor doesn’t even determine the agenda.

So, the Mayor sits on the dais while the various Council members criticize, interrogate, accuse and otherwise take pot-shots at the duly-elected Mayor of the City. All that angst for $150 per month.

I’ve wondered for a long time why Lyle Nelson would want to be Mayor in a Council-Manager form of government. In all honesty, I don’t know why anyone would want to be mayor in these conditions. To me, this is a dangerous form of government with far too much power handed to an employee: the City Manager. (More on that in another blog post.)

With basically no authority, Lyle Nelson has had to sit on the dais and suffer the vitriole of three angry and vindictive Council people. I salute him for holding out this long, for trying to calm the flames and do the business of the City, but to no avail. I fully support Lyle Nelson’s resignation.

[All items with an * following are taken directly from the City of Bastrop Charter.]

Turmoil in the City

Wow. The City of Bastrop attorney has resigned. And, his resignation letter should be front page reading for every City of Bastrop resident and taxpayer.

BojorquezResignation

“Given the current climate at City Hall, I have determined our present relationship is not sustainable,” he stated.

He continued, “the time has come to acknowledge that the irreconcilable
differences among the city’s leaders have placed me and my team in an untenable position.”

According to Community Impact, his seven years of service included “a period of ‘tremendous’ change, including five city managers, four chiefs of police, three judges, three mayors pro-tem and two mayors […].”

This isn’t change. It’s turmoil. This isn’t governance. It’s chaos.

His letter opines “While we continue to have confidence in our expertise as Municipal Lawyers, Bastrop is engaged in a transition that is best left to proceed without my staff’s involvement (and without me overseeing your legal matters).”

Translation: The City Council doesn’t listen to expert legal advice and goes off in whatever direction the majority sees fit whether or not it’s appropriate and to the benefit of the residents and taxpayers. In my experience, even if there are major differences of opinions and/or personality conflicts, as long as an entity is following sound legal advice, the lawyer stays on. But when a highly qualified legal advisor steps away saying they are going to “redirect [their] energies” and “allow [the City Council] the opportunity to continue upon [their] trajectory”, that should terrify every taxpayer and resident of the City.

My guess? The City Council will hire in-house counsel, a lawyer who will do what they say because his or her livelihood depends on it. That person will walk the proverbial fence, legally, trying to mold the law into the quest of this City Council majority for power. That lawyer will stay silent while the rights of the minority members, and thus their constituents, are trampled.

This is exactly how corruption takes seed. There is no one outside the circle of power minding the store. Bojorquez’ letter is a warning shot across the bow. Bastrop residents best beware.

Don’t be Fooled

The current attack on Bastrop City Councilwoman Cheryl Lee is nothing more than retribution and payback. Her City Council opponents say the concerns raised in her 42-page detailed memo aren’t worth investigating. Instead, they wanted to limit her access to information and want her off the Council.

Retribution. Retribution is common in the political world. This attack on Councilwoman Cheryl Lee is nothing more than retribution for her support of ending the vicious attack on Mayor Nelson. It’s retribution for her call for the shenanigans to end and a return to the business of the City and its residents.

Payback. Payback is common in the political world. If citizens didn’t know it existed before, the lawfare thrown at President Trump is proof positive. Take on the establishment, those who want power and control, and as Senate Minority Leader Chuck Schumer said, they have “six ways from Sunday at getting back at you.” That’s true for not only the intelligence community, but politicos and their funders / supporters.

Cheryl Lee and I are in opposite political parties. But, the first time I heard her speak (it was about the wastewater treatment project), I knew she knew her stuff and spoke from a position of being well informed. You see, I was a councilwoman and mayor of a town that had been under a 20 year sewer ban, one that built a 4-phase, 1400 home, sewer project, and dealt with all the issues associated with that. It was quite obvious that Cheryl Lee does her homework.

To the public: Don’t be fooled. From my experience, when council members vociferously attack other council members, it’s a sign of either corruption or of ignorance. Far too often, elected officials just go with whatever the city administration has to say, not wanting to do the detailed homework necessary to do their jobs and cast informed votes. Less often, they are actually part of the game and don’t want anyone around who might be looking into the details of complex transactions.

Administrators work for the Council. Thus, it is the Council’s job to be sure they are doing what they’re supposed to do, ensuring contracts are properly scoped and administered, bills are properly paid, employees and contractors are fully qualified for their work, contracts aren’t thrown to unqualified friends, and projects come in on time and as budgeted. If Council people aren’t asking informed and detailed questions, how can they possibly claim to represent the people who elected them?

Cheryl Lee should be thanked, not vilified, for her work and effective representation. Beware those who do otherwise.

The Emperor Has No Clothes

Today, Mel Cooper who serves as chairman, treasurer, and person calling the shots at Bastrop County Conservatives, sent out an email to his list asking people to show up at the Bastrop City Council meeting tonight.

Emperor has no clothes Why? He says it’s to “demonstrate what kind of leaders and citizens we want in our public offices”. Is it that, or is there more to the story?

Among the list of alleged accomplishments of the city manager was that she “Maintained flat tax rates, the only jurisdiction in the county to do so, while other areas raised theirs.”

Tax Rates. Politicians point to tax rates all the time saying they lowered them or kept them stable. Pointless. Of course the tax rate will be stable or lower in a city growing like Bastrop. More and more dollars pour in as more and more buildings are built and taxed.

SPENDING is the key. I note that Cooper didn’t comment about spending. It doesn’t fit his narrative.

So what about double-digit raises? Paying a temporary employee the equivalent of a 6 figure salary. Spending hundreds of thousands of dollars on a witch hunt against a duly-elected city official. Having the authority to spend up to $50,000 on any given item without Council oversight and approval. Accepting waivers from the City Council to buy a house outside the city limits when the City Charter demands living within those limits (a charter provision just reinforced by a public vote in November).

I note Cooper’s email mentions none of those.

It makes sense, though, that he comes to his Council buddies and Carillo’s, defense. After all, they voted to donate $25,000 to Cooper’s pet project last year, the “Festival de la Cultura”. And, it seems Carillo and crew went out of their way to make that happen. Here’s the timeline:

The staff report is undated, however the supporting census information for this line item was created 10/19/2023.
October 19, 2023: Sylvia Carillo’s staff report says “Festival de la Cultura” is a 501(c)(3) under Federal IRS guidelines. The application for 501(c)(3) status had not even been filed with the IRS on this date.
October 20, 2023: City Council agendas go live the Friday before a meeting, meaning the $25,000 donation was already on the 10/24 agenda on 10/20, the date the Texas non-profit was formed.
October 20, 2023: Texas Secretary of State records show the non-profit was formed effective October 20, 2023 with Mel Cooper as one of 3 directors.
October 24, 2023: The agenda item itself, and the agenda item presentation at the meeting, were by Sylvia Carillo, the same City Manager now so strongly supported by Mel Cooper.
October 24, 2023: The $25,000 taxpayer funded donation was approved by the Bastrop City Council. Cynthia Meyer made the motion. John Kirkland seconded it. It was unanimously approved. (Mayor Nelson does not have a vote.)
April 27 & 28, 2024: Festival de la Cultura was held at Mayfest Park in the City of Bastrop
July 1, 2024: The IRS approval letter was issued and posted online a full two months after the April 2024 event. Approval was retroactive to October 23, 2023.
The organization is required to file 990s with the IRS. They are due 5 1/2 months after the fiscal year end date. If Festival de la Cultura has a fiscal year that ends on December 31, 990s were due on May 15, 2024. No 990s have been filed. They’re late.
Minutes on subsequent agendas at the City of Bastrop show no discussion items regarding the Festival or the expenditure of these tax monies.
March 5, 2024 – Cultural Arts Commission meeting – no minutes online
April 2, 2024 – Cultural Arts Commission meeting – no minutes online
May 7, 2024 – Cultural Arts Commission meeting – “Approximately 5,000 attendees. Attendance was lower due to weather.”
These are the only comments in City minutes. No financial accounting anywhere.

Councilwoman Cynthia Meyer very pointedly stated at a Council meeting that she would watch every single dollar of taxpayer monies spent by the City. And, that is, after all, the job of City Manager Carillo.

The emperor has no clothes.