City seeks input for FY 2013 budget; and the long and winding story of Mill Race Lane

The (city funded) professional mediator went back and forth among the parties for several weeks, finally declaring an impasse . . . The residents' representatives rejected the city's terms (for repairs) and resorted to a public relations campaign telling their side of the story

Note: City Hall Briefs, written and edited by Bob Flocke to inform the citizens of Wimberley about city activities, is neither an official nor an authorized publication of the City of Wimberley. City Hall Briefs is distributed by email to anyone who wishes to receive it. Anyone who wishes to be added to the distribution list should send their email address to Mayor Flocke (below). The RoundUp has edited the Briefs for length and style.

Send your comments and questions to Mr. Flocke at rflocke@austin.rr.com, 512.847.5421, or click on the "comments" at the bottom of the report

Budget public meetings scheduled
June 4 & June 18 at Community Center

How would you like to see the City of Wimberley spend your tax dollars? That is the question that will be posed to Wimberley residents by the City of Wimberley’s Budget Advisory Board at an upcoming series of informational meetings on the City budget.

The first of two informational meetings is scheduled for Monday, June 4, 2012, at 6 p.m. at the Wimberley Community Center. The second meeting will take place Monday, June 18, 2012, at 6 p.m., also at the Community Center.

“The informational meetings will provide residents with a great opportunity to share their ideas about where they would like to see their City’s tax dollars spent,” said City Budget Advisory Board Chairman Rick Millinor. “We (the Board) want to know if there are any services and/or capital projects the City is not currently funding and should be for funding in the City’s Fiscal Year 2013 Operating Budget.“

At the informational meetings, City staff and Budget Advisory Board members will provide a brief overview of the City’s revenues and expenses, explain the budget preparation process and then gather ideas from the public on future City spending.

“We feel it is important to allow the residents to share their thoughts and ideas on future City spending in advance of the actual development of a proposed City budget,” said Millinor. “The public input gathered from these budget meetings will be considered by the Board as it prepares budget recommendations to the City Council for the Fiscal Year 2013 City of Wimberley Operating Budget.

The City’s Budget Advisory Board is expected to present recommendations to the City Council regarding the City’s Fiscal Year 2013 Operating Budget in late July.

At that time, City Council will start talking about its spending priorities for the City of Wimberley. A proposed budget will be presented for review and consideration in mid-August. The proposed budget, with any amendments, must be approved by the City Council no later than September 30, 2012.

For more information on the upcoming public meetings, please contact City Administrator Don Ferguson at 512.847.0025 or at dferguson@cityofwimberley.com.

Mill Race Lane, the Agenda Item that Won't Go Away

The topic of Mill Race Lane has appeared in a number of recent city council agendas. Some of the public feedback includes: "Why don't you just give them (the residents) the street?" or, "If the residents want to pay to have the street paved, why don't you let them? The city certainly doesn't have the money to spend paving a street that the residents are willing to pave."

Good questions both, but nothing is ever as simple as it seems.

First a little history. Mill Race Lane was on a list of 81 public streets that Hays County turned over to the City of Wimberley upon incorporation in 2000. The formerly county roads – Mill Race Lane was County Road 179 – were now city streets, and the city assumed responsibility for their maintenance.

Whether or not Mill Race Lane is a public road has been in dispute for several years. Some of the residents say that the road is private even though the county maintained it as a county road for years before the city incorporated, while the city says the road is public.

There are two ways in which this matter can be decided once and for all. The first is to ask a court to resolve it. But one drawback to that approach is that it would require the city to bring suit against the residents. Unless it is absolutely necessary, the city generally tries not to be in the business of suing Wimberley citizens. The other way to resolve the issue is for the city to abandon the right-of-way to the adjacent property owners. That can be done only upon receipt of a petition signed by 100 percent of the street's residents. So far, the residents have not been able to achieve the necessary 100 percent agreement required by Texas Law.

For several years, some residents did not want the city to make any repairs to Mill Race Lane. The city council approved a prioritized list of the city's streets that were recommended for repair by the Wimberley Transportation Advisory Board. Mill Race Lane was near the top of the list of 81 streets in repair priority.

In an attempt to resolve the issue, the city proposed mediation at city expense. The mediation, which included one 10-hour session with all three sides – the city, residents against repaving, and residents in favor of repaving. The professional mediator went back and forth among the parties for several weeks, finally declaring an impasse.

It was at this time that the city received a letter from Mill Race Lane residents offering to pave the street with a contractor of their choosing at their own expense. At the council's direction, the city administrator and city attorney met with representatives of the residents to negotiate a deal on the paving.

The city was and is in favor of the private paving under the following terms:

– That the residents provide assurance that the taxpayers will not be liable for any damage resulting from the resurfacing, since such resurfacing would be performed by a paving contractor who is not under the city’s control.

– Plans for the paving had to be approved by the city.

– The residents' paving contractor must apply for all necessary permits required by the city.

The city also offered to accept the residents’ offer and for the city to pick up any expenses over and above that which residents had planned to spend.

While privately-financed street maintenance is not uncommon, such maintenance in all cases must meet local standards in work quality and in public safety. The city is responsible for providing safe, well-constructed thoroughfares for the public.

The residents' representatives rejected the city's terms and resorted to a public relations campaign telling their side of the story. The truth is, the city stands ready and willing to work with the residents, but it cannot agree to a course of action that violates Texas law or that places the city at risk.