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- IC ISD Board May 19 2026
Agenda Analysis | Meeting Review | Meeting Documents | Commentary | Last Meeting IC ISD elementary under construction. A. Agenda Analysis "Special" meeting: A "special" meeting is a meeting called because some matter of business falls outside the regular monthly meeting and has to be dealt with before the next regularly called meeting. The word "special" doesn't appear in the Open Meetings Act, and it different than an "emergency" meeting. Approval of new Superintendent, item 3. The "special" part of this meeting is that the 21 day wait period to hire is expiring, and it is time for the Board to take the official act of hiring. Dr. Underwood may be officially hired here, but my understanding is that Interim Mr. Underwood is staying on until early June. MOU with the City of Mertzon for drainage projects, item 4: This relates to the same MOU the City Council is addressing at its meeting the day before. There's a trade going on, and to keep it alive the parties need to extend the term. In a larger city, the city would be asking the District and its construction agents to comply with various development related ordinances. Since those ordinances don't exist in Mertzon, the City and IC ISD created this Memorandum of Understanding so that each side gets what it wants. The jury is still out, but it could be that this MOU method of regulation may be the model for future IC ISD bonds. Closed session, item 6: I point this item out because this agenda is a good example of different drafting styles for a common issue. Dr. Moore's style for this item was simply "Personnel" as the agenda item. See agenda item 13 a at this meeting. Mr. Underwood, in contrast, states "deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of contract and/or at-will employee". Both of these postings refer to Texas Gov't Code 551.074, the personnel exception. And, both of these are correct under the law. I have a preference for agendas to be as detailed as possible so that board members don't go off agenda. So, an agenda item that spells out "deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal" is a reminder to the board in closed session that there are parameters to their discussion in closed. They can't just talk about anything...the discussion must be limited to "appointment, employment, evaluation, reassignment, duties, discipline, or dismissal". If you want to dig deeper, the Texas Municipal League's Closed Meetings to Discuss Personnel Matters, page 29, Open Meetings Act Made Easy, is a good place to start. How to get rid of this pool of standing storm water on the IC ISD campus is one issue that will likely get resolved with an extended MOU. Seems harmless enough, but I reckon in time the Texas School Safety Center will have veto power over it. The pool didn't exist until a 2024 bond contractor scraped the area down to the limestone, which is quite impermeable. Kids that want to fish will have to go to Spring Creek, so former Supt. Bryan Gray's idea of a fishing pond for students back when he proposed the 2019 Bonds is as good as an expired fishing license. B. Meeting Review pending This aerial view of the IC ISD campus is as of May 13. My best guess is that by the time Dr. Heath arrives in June the build out will be well less than 50% complete. C. Commentary 765 kV update - I was able to successfully intervene this week in the CCN 59475 segment of the project that goes from Eldorado to Belton. This is significant because my argument for intervention was essentially that my land in Irion Co. created an ongoing justiciable interest in the case next door where I don't own property. Frankly, I've never been a part of litigation of this magnitude, what with I'm guessing over 1,500 intervenors. I'll quote what some of the legislators now having second thoughts about this mess are saying: Texans deserve a more thoughtful and deliberate approach to improving existing infrastructure, one that enhances reliability and resilience, reduces costs, and better protects private property rights. I agree. Well said. Pending Copyright 2026 G. Noelke
- Mertzon City Council May 18 2026
Agenda Analysis | Meeting Review | Meeting Documents | Commentary | Last Meeting The flood detention area in Mertzon at 4th and W. Fleming has this exit for flood waters to cross W. Fleming. The same concept was proposed to slow and redirect the stormwaters at Fayette and 2nd Street. The stakes are the same: just a few blocks away the water reaches City Park. A. Agenda Analysis Mayor Pro-Tem, item 5: Council Member Jayton Lindley won the IC ISD school board election, so his role as Pro-Tem is vacated. 2nd Street Drainage, possible execution of the MOU Extension, item 6. As a reminder here is the expiring MOU. The City folks met with Interim Supt. Matt Underwood the week before this meeting to address the renewal. The issue at hand is really all about getting a flood control structure built at 2nd and Fayette/Juanita similar in design to the photos on this page. This design was understood what was necessary for both basins. Speed bumps on Duncan, item 8: The City is sovereign over the streets. In theory, stormwater rushes in and leaves at the lowest point in a more controlled manner. The same concept was proposed, and adopted by voters, at the 2nd St. drainage area. B. Meeting Review Pending I’ve raised the question of where the runoff will go from this new proposed parking lot across from City Gym since before the 2024 Bond election. Representatives from Gallagher said at the last City Council meeting that they didn’t know yet. If it is allowed to flow north over Fayette it will flood the flume between the auditorium and City Gym, plus 4th Street. If it goes due East, it will flood a residence, which is wrong and unconstitutional. If it flows down Fayette, it will damage the City’s street and ultimately reach the 2nd Street drainage basin. The only solution is to leave it unpaved. Click on the tag “Grand Mistake” at the bottom of this page to see my longstanding efforts to get IC ISD to stop creating impervious cover. C. Commentary I understand that the joint meeting with the City and the Irion County Commissioner's Court about forming a Commission to address 765 kV lines, data centers and battery storage facilities will be rescheduled. I am beginning to see the cracks in administrative justice system in one of the 765 kV transmission cases. In the 49175 case that forms the segment just east of Irion County, there were 4,586 documents filed by May 13, a key deadline for intervenors. To be clear, those are "documents" that are often many pages in length. Some deadlines are being missed that I won't elaborate here. I'm thinking this letter from the legislators saying "hold up" PUC is in part due to the groundswell of opposition to the lines, as well as the system being unable to absorb 1,500 intervenors in an efficient manner. Pending. Copyright 2026 G. Noelke
- Irion County Commissioners Court May 12 2026
Agenda Analysis | Meeting Review | Meeting Documents | Commentary | Last Meeting THIS MEETING WAS CANCELLED. JUST RELEASED ON MAY 12: The ALJ’s Proposal for Decision in the first 765 kV case, Longshore Switch - Drillhole Switch, CCN 59029. Oncor wins. See Conclusion on page 49. Note: this is not the final decision. This is similar to the 765 kV towers being proposed in Irion County. The towers will be up to 199 ft. tall. This photo is AI generated. A. Agenda Analysis Presentation by Dan Byfield, item 4: Mr. Byfield is the CEO of American Stewards of Liberty, whose organization has offered to assist in the creation of a 391 to protest, local government to state government, against the 765 kV transmission lines. Note that the meeting is at 6:00 pm in the District Courtroom in the Irion Co. Courthouse. Go here to the PUC website to read American Stewards of Liberty's Statement of Position in the 59182 case proposed through Irion County. And, here is their Initial Closing Argument. They are making some well reasoned arguments against the proposed project. See also this letter from several legislators expressing doubts about the legislation approving the lines. There appears to be reason to form a 391 to voice a need for legislative reform once the next session starts in January. B. Meeting Review This meeting was canceled C. Commentary Status update on 765 kV case: The SOAH judge has not issued her ruling, a Proposal For Decision in the case where the line will go through Irion County. Things have gotten even more complicated with this ruling to consolidate a portion of two of the cases. Which is all to say: it is anyone’s guess how the case in Irion County is going to turn out. Below is from the direct testimony filed by Chance Goodin from Salado in the Bell County East to Big Hill case, the segment east of Irion County. It gets at why I think this process is manifestly unfair and likely unconstitutional. The key to a fair process is that the parties should be able to participate in a meaningful way. Here is what I have argued in my Statement of Position: Noelke has further argued in 59182 at Item 508 that amended PURA §37.057 limiting these cases to 180 days is not a grant of authority to the Applicants to disregard landowner Due Course of Law rights under the Texas Constitution, Tex. Const. art. I, § 19, Due Process rights under the U.S. Constitution, U.S. Const. Amend XIV, § 1 or those rights found in the Texas Administrative Procedure Act at Texas Gov’t Code § 2001.051. Section 2001.051 specifically provides: In a contested case, each party is entitled to an opportunity: (1) for hearing after reasonable notice of not less than 10 days; and (2) to respond and to present evidence and argument on each issue involved in the case. Pending Copyright 2025 G. Noelke
- Irion County ISD Board May 6 2026
Agenda Analysis | Meeting Review | Meeting Documents | Commentary | Last Meeting Election results: Tony Martinez 104; Taylor Douglas 142; Jayton Lindley 158; Anthony Baumann 95. The top 3 vote getters win the election. These IC ISD tennis courts were completed in 2015. The new transportation facility will be complete this year. The cleared lots just beyond the transportation facility are also owned by the District and are deed restricted to residential housing. Compare this photo with the one below. A. Agenda Analysis This will be the first post-Moore meeting, as her last day for the District was April 30. This agenda reads very much like one of her agendas, however. Mr. Underwood would not have become Interim at the time last week when it had to be posted. Election results, item 5: Results of the election will be certified at this item. I will try to post election results on Saturday May, 2, but no guarantee. Those results aren't official until approved by the vote by the Board on this item. Swearing in, item 6: It's not official for the board member elects until they swear allegiance to the Constitution. The wording of the oath, authorized by the Texas Constitution, is worth considering: "I, [Name], do solemnly swear (or affirm), that I will faithfully execute the duties of the office of Trustee of [Name of District] of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State, so help me God." Re-organization of the Board of Trustee Officers, item 7: Board member/Secretary Ashley Hill chose not run for re-election, so there's an opening for an officer position. Administrative Reports, item 8: Matt Underwood is the Interim Supt. I don't know Mr. Underwood, so this unchartered territory. My understanding is that interims have the same authority as the permanent, something that is is good and bad. Budget amendments, “as presented”, item 9: I’ve said this part before, so nothing new here. My view has been that "as presented" in this item is too general under the Open Meetings Act provisions related to posting requirements. The problem will not be apparent until later when the minutes are posted. They will likely say something like, "The Board approved the budget amendment" without identifying anything about what the amendment was about. (For example, an agenda item might read, "Budget amendment for transportation facility equipment". And, the minutes might read, "The Board approved a budget amendment related to transportation facility equipment.") As written, if the minutes are equally not specific, the only way for the public to follow the money is to attend the meeting or do a Public Information Act request after the meeting. And, yes, I pay special attention to budget amendments during superintendent transitions like this one. Approve construction/bond purchasing, item 10: This is the placeholder for 2024 bond spending. Closed session on personnel and action on closed session, items 13 and 15: Every transition of executive management brings with it some degree of re-organization. There's some hand wringing going on in the background, you can be sure of that. The yellow area points to a small wood frame house that was located on the lots that are now the transportation facility. Now those lots are all impervious cover, and the rain water being repelled is being redirected down the alley. Note also under the arrow are the lots now cleared of Juniper that are currently being temporarily used for construction material holding. The photo also shows the area (at about the "Copyright") now being used for the entrance to the flood water detention area. Immediately above the tennis courts is the refurbished portable now being used as an Administration building. And, immediately above that shows a now cleared area of Junipers that is being used by the District for sea container storage. The tennis courts prior to 2015 were an undeveloped field used as a practice field, and before that those lots were undeveloped and covered with Juniper. There's no planning being done by the District or City on land use and environmental impact. This blog is in part a response to that lack of planning. Sometimes it takes a photo like this one to see how the District is dramatically altering the environment. B. Meeting Review Canvassing of election results and swearing in, items 5 and 6: There were no changes in the vote totals (see top of this page), and the Board approved the totals. Members Martinez and Douglas, and new member Jayton Lindley, were sworn in. Mr. Lindley's grandfather, Jay Lindley, served on the same school board back in the mid '70's, for all the history buffs out there. Re-org of officers, item 7: The Board elected Maegin Carlile as President, Chad Koonce as Vice President and DJ Rainey as Secretary. Admin reports, item 8: This was Interim Supt. Matt Underwood's first of probably only two meetings, and his part was efficient and to the point. You can find his report on page 2 of the meeting documents. See my Commentary below about one significant issue, flood control, that he will be dealing with during his short tenure. Principal Parker and Coach Morrow were absent. Budget amendment, as presented, item 9: An alternative take on my lesson above about "as presented" being too vague: the perfect time to use "as presented" is when, at the time of posting the agenda, the staff doesn't yet know whether an amendment is necessary and this language is a "placeholder". That turned out to be the case here; Ms. Lakey announced she put it here because she wanted it available if need be. In fact, there wasn't a need for an an amendment. Why all the bother on my part? While I have every reason to believe Dr. Moore left the budget in fine shape, her immediate predecessor left the District in a bind the very day he moved out. So, it is a very good sign for the District, Dr. Moore and Matt Underwood that history is not repeating itself during this transition. (Dr. Heath (who was present at the meeting but not participating) is also likely breathing a sigh of relief.) Ms. Lakey explained that there would likely be some amendments before the end of the fiscal year, but such is always the case. At least we know now there is no financial exigency during this transition. Bond purchasing, item 10: Folks from Gallagher were present, and the Board engaged in a productive discussion about the pending re-roofing and AC replacement bid. A modified bid was approved, but all I really heard was the end of another Covid era mistake - the Board approved replacing the AC units on the new City Gym with units that are more efficient to maintain. See my Commentary about the Anthony Mechanicals contract back at the July 14, 2025 Board meeting. The decision to replace these units even though they are under five years old is a good one. Closed session and action on closed session, items 13 and 15: President Carlile confirmed with me after the meeting that there was no vote on a closed session matter. One sign of the design failure of the flood control project at 4th and W. Fleming is that now storm water is pooling on the west side of the street and invading this resident’s yard. Another sign, not shown here, is that there is now more storm water coming down W. Fleming from the new transportation facility. C. Commentary Flood control projects: Here's the upshot - neither of the two projects are complete. The flume and pavement at the project at 4th and W. Fleming has been designed poorly, and there's new stormwater to deal with coming down the alley and W. Fleming. The City should not re-open W. Fleming until these corrections are made. In addition, the project at Fayette and 2nd has yet to even start. See this page for my analysis of this project. Mr. Underwood advised at this meeting he is meeting next week with the City to renew the MOU. Here's the bottom line: If the District, the City and affected landowners don't stay after this, Parkhill and Gallagher will shave expenses on the flood control projects without regard to the additional stormwater that is being redirected into the basins. Why this matters: For my new readers, this all matters because (as I've been saying since 2019) storm water from the two basins on each side of IC ISD travels down to City Park where the District, the City and Irion County all share an interest in the facilities. With each school bond the flooding at City Park has worsened, city streets have become more impassable and private property, including homes, have experienced more flooding. Stormwater control is a community wide problem. 765 kV updates: Make sure and read the Resolution passed by the City at my Meeting Review of the City Council meeting this week. One reason IC ISD needs to review this effort is that increased battery storage, AI data facilities or 765 kV transmission lines will bring more development, which means more families and more students at IC ISD. If you are invested in keeping the District at its current size, then you need to learn more about this resolution. Contrast the oath a Board Trustee takes with one a lawyer takes in order to become licensed as a attorney by the State Bar. A newly minted lawyer who passes the Bar Exam gives this oath: "I, [Name], do solemnly swear (or affirm) that I will support the Constitutions of the United States and of this State; that I will honestly demean myself in the practice of law; that I will discharge my duties to my clients to the best of my ability; and that I will conduct myself with integrity and civility in dealing and communicating with the court and all parties. So help me God." See Gov’t Code 82.037. The phrase “honestly demean” means to have an honest demeanor. In addition, you might have heard that attorneys are “officers of the court”. That language is not in the oath, but it is found in the Preamble to the Texas Disciplinary Rules of Professional Conduct: "A lawyer is a representative of clients, an officer of the legal system and a public citizen having special responsibility for the quality of justice." So, technically, we are more than officers of the court…we are officers of the legal system. Copyright 2026 G. Noelke
- Mertzon City Council May 4 2026
Agenda Analysis | Meeting Review | Meeting Documents | Commentary | Last Meeting The heavy construction machinery coming down 4th St. is already crumbling the new pavement forming the entrance to the flood detention area, so Gallagher’s folks need to rethink the design of the project. IC ISD uses the street regularly for its buses, so it needs to be constructed well enough to handle daily bus traffic, plus direct stormwater into the detention area without becoming waterlogged. A. Agenda Analysis 2nd Street drainage, item 5: Kudos to the City for not letting this issue die. Resolution 5-4-26, item 6: I think, but am not certain, that this is to give the Mayor authority to explore and negotiate a potential 391 Commission with the County and others to address the potential 765 kV line going through the county. Also, see my commentary below. Speeding on Duncan, item 7: Yes, it needs to be addressed. The Council should also be mindful that the County Commissioners Court may still place a new Community Center in the Park with a larger Duncan street main entrance. B. Meeting Review 2nd Street drainage: When the folks at Gallagher present at the meeting proposed this: …after several minutes of discussion, an astute City staffer, Nate Padilla, pointed out to Mayor Stewart that the MOU between the City and IC ISD actually called for detention “walls”. Here’s the MOU; see paragraphs numbered 1-4. Indeed, there was a quid pro quo in the MOU: IC ISD will not get the portion of 3rd street in front of the High School and Elementary unless IC ISD puts in the flood control projects at this location in the photo above and at 4th and West Fleming. And, the MOU also has a deadline for construction: this month! By the end of the discussion it was agreed that each side would huddle and figure on how to renew the MOU before it expires. (Everyone in the room but Nate had forgotten about the MOU provisions.) One key issue for further review is whether sufficient money was recommended for both projects by Parkhill and Gallagher prior to bond election. I recall the figure was north of $800,000 for both projects combined. Gallagher stated at this meeting that over $800,000 was spent just on the project at W. Fleming and 4th. Resolution 5-4-26, item 6: The Council made one of its most impactful statements in recent memory by passing the resolution below that starts the process to more formally opposing extra high voltage transmission lines (765 kV), data centers and battery storage facilities in Mertzon and Irion County. Note that this is NOT the creation of the 391 (Council of Gov't or "COG") but a statement of resolve to create one. Why this is important: This is the first formal statement, whether or not a 391 is actually created, that the City of Mertzon can make to say to the developers of these multi-billion dollar projects that our government and its citizens are not interested. Why all citizens should favor this Resolution: Development will bring excessive consumption of already limited water supplies. Folks, it is the limited water supply in Mertzon and Irion County that is keeping development out. This resolution is one tool our government leaders can use to keep development out. C. Commentary A “Prayer” in a legal pleading is simply a request from the party that the Court grant them what it is they want. I am continuing to monitor the next leg of the 765 kV line that Oncor/LCRA and the PUC are proposing. (I’ve also intervened in that leg, CCN 59475, but I don’t know yet whether the judge will accept my intervention.) This week I came across the "Prayer" below in the 59128 case written by a pro se landowner ( a non lawyer) opposed to the line. While I am in the 59128 case trying to intervene in the 59475 case, she is in the 59475 case trying to intervene in the 59128 case. (We are aligned parties.) In my 35 years as a licensed attorney, I don't think I've ever read a better Prayer than this one: Here’s my message to all those landowners out there sitting on their hands and doing nothing but waiting to collect the eminent domain money from Oncor/LCRA: Don’t pray to the almighty dollar. Remember this landowner, and all those like her, that you aren't helping by doing nothing. In light of my message above here's a pleading I filed yesterday that I am pleased with. Another pro se land owner, Kevin Kennedy, is fighting like hell to keep a 765 kV line off of his property. In my pleading I ask the Public Utility Commission of Texas and the State Office of Administrative Hearings to look at the larger picture and see how fundamentally unfair this process is to Texas landowners. Also, see this letter co authored and filed yesterday by local State Representative Drew Darby expressing his concern about one segment, the eastern most segment, of the 765 kV project…but not the segment that goes through Irion County. He needs to be encouraged to say what he is saying here but also say it about Irion County, which is in his district: “Texans deserve a more thoughtful and deliberate approach to improving existing infrastructure, one that enhances reliability and resilience, reduces costs, and better protects private property rights.” Copyright 2026 G. Noelke
- Mertzon City Council April 27 2026
Agenda Analysis | Meeting Review | Meeting Documents | Commentary | Last Meeting I bike along the beautiful banks of Spring Creek in Mertzon. This portion is managed by the City of Mertzon, and it is undoubtedly one of the City's treasures. The City should do everything possible to protect it from excessive growth brought on by AI data centers, battery storage facilities and extra high voltage 765 kV transmission lines. A. Agenda Analysis Special meeting: Note this is a "special" meeting. Chapter 391, Local Gov't Code, item 5: Here is Chapter 391. Here is the purpose: Sec. 391.001. PURPOSE. (a) The purpose of this chapter is to encourage and permit local governmental units to: (1) join and cooperate to improve the health, safety, and general welfare of their residents; and (2) plan for the future development of communities, areas, and regions so that: (A) the planning of transportation systems is improved; (B) adequate street, utility, health, educational, recreational, and other essential facilities are provided as the communities, areas, and regions grow; (C) the needs of agriculture, business, and industry are recognized; (D) healthful surroundings for family life in residential areas are provided; (E) historical and cultural values are preserved; and (F) the efficient and economical use of public funds is commensurate with the growth of the communities, areas, and regions. (b) The general purpose of a commission is to make studies and plans to guide the unified, far-reaching development of a region, eliminate duplication, and promote economy and efficiency in the coordinated development of a region. I am quite familiar with the need for local government to better coordinate to oppose development, and I'm glad these commissions are getting some consideration. There's simply not enough sharing of information and coordination of issues among local governments in Irion County. In proposed 765 kV context, delay and failure to coordinate could dramatically impact the natural resources and environmental integrity of the City. The same can be said about battery facilities and AI data centers. Section 391.004(a) provides: A commission may plan for the development of a region and make recommendations concerning major thoroughfares, streets, traffic and transportation studies, bridges, airports, parks, recreation sites, school sites, public utilities, land use, water supply, sanitation facilities, drainage, public buildings, population density, open spaces, and other items relating to the commission's general purposes. This sort of planning can be used to control growth in the entire county, not just within the City of Mertzon. Note that 391.002(1) provides, "Governmental unit" means a county, municipality, authority, district, or other political subdivision of the state. The Irion County Commissioner's Court has an item on its agenda for April 28 to address these commissions. Since Irion County ISD is a "district" under this definition, they should especially consider being a part of a commission. If student population at IC ISD expands much, likely less than 10%, the school will be faced with needing more classrooms, teachers and will potentially no longer be a 1-A district. I'll offer additional insights after the meeting. Note that there is an IC ISD meeting on this date at 5:00 pm. April 27, 2026 ~ 6:00 am update: I will be announcing the Lone Finalist for the Superintendent position at approximately noon today. B. Meeting Review This was a deliberative meeting about whether to create a 391 Commission to address the problems inherent with a 765 kV line passing through the county. County Judge Molly Criner and County Commissioner Tia Paxton were also present. Watch for this issue to be on the agenda for next week's Council meeting. C. Commentary Below are some of the city responses to the next leg of the 765 kV line that will stretch from Eldorado switch to the Bell County switch. As of April 27, 2026, I have also intervened in this segment of the project. I do not have property along the route of this segment, so there are many unknowns about how this will turn out. Copyright 2026 G. Noelke
- Michael Heath Named as IC ISD Lone Finalist April 27 2026
| Commentary | Last Meeting The interior of IC ISD legacy building is being redesigned this year entirely into offices for the Administration. To put this in context, when I attended high school here, the two windows on the left was the Principal’s office, and the two windows on the right was the teacher’s lounge. I have confirmed with IC ISD Board President Maegin Carlile that Dr. Michael Heath, the current High School Principal at Coleman ISD, has been named as the lone finalist position for the Superintendent position being vacated on April 30 by Dr. Nikki Moore. Watch this page for for more information as I fill in the blanks about Dr. Heath. The title of Lone Finalist starts a 21 day delay before Dr. Heath officially starts. Updated April 28: Here is a Coleman Today article on Dr. Heath when he was appointed as Principal at Coleman ISD in January 2024. And here is a Coleman Today article on the IC ISD announcement. Commentary Dr. Heath is arriving at IC ISD at a time when the District is operationally and academically better off since Dr. Moore arrived in the position 3 years ago. That said, the earth is not flat, and neither is the IC ISD campus. So, I anticipate working with him on the environmental issues related to stormwater from the District’s campus. Dr. Moore accomplished a lot, but I’m not done here. Pending Copyright 2026 G. Noelke
- IC ISD Board April 27 2026
Agenda Analysis | Meeting Review | Meeting Documents | Commentary | Last Meeting The IC ISD campus on April 22, 2026. The remaining blue foundation will become the new gymnasium, if I remember the plans correctly. The construction is moving along quickly; I hear cement trucks traveling to and from throughout the night. April 27, 2026 ~ 3:00 pm update: Dr Michael Heath named as Lone Finalist. A. Agenda Analysis Interim Supt., items 3 and 4: By law, a school district cannot go without a superintendent at the helm. There is also a waiting period of 21 days once an offer is made to a candidate for superintendent. So, items 3 and 4 acknowledge: Supt. Moore is leaving (on April 30), an interim will be named, and that interim will need hiring authority (presumably to hire teachers and staff). The interim will not be hiring the new superintendent. The authority to hire a superintendent rests with the Board. Closed session and action from closed session, items 5 and 7: This is the identical language for each of the previous meetings during the process of hiring a superintendent. I know from attending the open part of the meetings once the Board began the process that they want to hire in April for a starting date 21 days later in May. If so, maybe this is the meeting the Board names its lone finalist. At the time of this posting, however, the Board is still conducting interviews. So, if none of the candidates were to their liking, this agenda is written broadly enough that they could continue to interview. I prefer to not read the tea leaves when it comes to board action on hiring the executive. In a general counsel capacity as an Assistant Attorney General, I’ve been on the inside of quite a number of state agency executive sessions when the agency board was hiring an executive director. It is an agonizing and thankless process for agency board members, and I’m sure it’s the same for school board members. No one knows for sure how it will turn out. Remember, they don’t get paid for any of this. (Though there are a number of Indirect benefits!) And, the superintendent contracts are somewhat illusory - in practice, superintendents jump ship all the time without contractual consequences. (Dr. Moore has 4 years left on her contract, and she is leaving a board that appears to be quite approving of her performance.) As of the date of posting, there are 96 vacancies in Texas for superintendent positions. Check out TexasISD.com. Another angle. B. Meeting Review Interim Supt, item 3: The Board approved Mike Underwood as the interim Supt. He will serve for 21 days. No other action was taken. C. Commentary The last day for early voting for the IC ISD school board positions is April 24, 2026. The voting location is the “Hornet Gym” aka elsewhere on this site as City Gym. I don’t do political endorsements on this site. (Well, I once did and that ended terribly!) Here’s some local media on the IC ISD band trip to the Liberty Bowl in January. The band is accepting donations for the trip, which could run $80,000+. Contact the IC ISD Administration office to donate. I have mentioned before in these pages my theory that one reason for Mertzon’s localized flooding problem is a decades if not century long practice of IC ISD taking out the native Oaks and replacing them with impervious cover - concrete. Consider this article about the practice of using green space to control flooding: Taking on water. The future of flood control is looking less like a wall and more like a park. Using green space to control flooding is not at all a novel concept, though it is apparently foreign to companies like Parkhill and Gallagher who design and construct school properties. In time they too will disappear from our community, like Jeff Potter Architects and WBK Construction did before them, never to witness the long term impact of stormwater on their completed work and the community. Copyright 2026 G. Noelke
- Mertzon City Council April 20 2026
Agenda Analysis | Meeting Review | Meeting Documents | Commentary | Last Meeting The new IC ISD transportation facility drains stormwater into a City owned alley between the facility and the IC ISD tennis courts. This is the southwest corner of the building, and the arrow is the direction of the water flow. A. Agenda Analysis 2nd Street drainage, item 5 a: This item has been rescheduled a number of times. I have previously covered it in my Agenda Analysis at A 1, here . Animal control ordinance, item 6: The last proposed draft was addressed at this meeting and can be found in the meeting documents here at page 3 . The southeast corner also drains into the alley. B. Meeting Review 2nd Street drainage, item 5: This matter was tabled again because of another scheduling conflict on the part of IC ISD's engineer. I think an alternate explanation might also be that this matter is caught up in the superintendent transition vortex. By the time of the next Council meeting, May 4, Supt. Moore will no longer be Superintendent (her last day is April 30) and a new interim Superintendent will be named. (The interim will likely have to serve a minimum of 21 days, by law, so if a new supt. is hired this week or next, the interim will serve for 21 days from the date of offer.) I recommend that the City Administrator and Mayor Stewart meet with the District's engineer, President Carlile and Supt. Moore before April 30 to firm up the District's commitment to this project. The agenda for the meeting should include the 2nd Street drainage, the drainage into the alley as shown in the photos on this page, the re-do of the drainage project on 4th between Juanita and W. Fleming, and the new water drainage coming down W. Fleming from the new transportation facility at 5th and W. Fleming. The City and IC ISD should be mindful that an MOU is in place addressing this drainage and that these public works projects regarding drainage were voter approved in the 2024 bond election. As I've said elsewhere, I have a pending PIA request with the District to get the Gallagher plans for the re-do of the 4th street project. To put it plainly, I am doing my part to make sure no one suffers from amnesia once Supt. Moore is off the payroll on April 30. Animal Control ordinance, item 6: The Council passed the ordinance without dissent. You can find it on page 3 here . In theory, this storm water will drain into the new stormwater detention area at 4th and W. Fleming. In practice, Gallagher Construction has yet to construct anything that directs this water into the detention area, however. In the background I am keeping the flooding of this alley on the table so that when Dr. Moore leaves at the end of this month the issue isn't relegated to the next bond election or forgotten about forever. The other side of the building on the north drains into W. Fleming, so that drainage needs to be corrected as well. C. Commentary Too much of a bad thing: I have relatives with ranches in Menard County that are on the next stretch of the Oncor/LCRA 765 kV transmission line (Bell County East to Big Hill), and I'm pitching in where I can to help with that. Here's what Texas landowners are facing when they fight the condemnation of their land: Texas grid operator forecasts massive growth in demand, but says data is likely flawed . It is plenty discouraging. One solution is to not make it so damn attractive for data centers to come to Texas, as in rescind their tax breaks . Stormwater drainage is a community issue. Copyright 2026 G. Noelke
- IC ISD Board April 19 2026
Agenda Analysis | Meeting Review | Meeting Documents | Commentary | Last Meeting This blog, GovernmentintheSun, got its start 3 years ago in March as a protest against the closure of 4th Street and alley, shown here in red arrows, for the construction of the IC ISD gymnasium. The gym, along with the earlier construction of the tennis courts in the upper left, have created an inverse condemnation of my 1910 home by stormwater running off the impervious cover on campus. My relationship with the District has improved dramatically with their recent efforts using 2024 bond funds to control the flooding. It's not all about me, though. The same stormwater that floods me also floods City Park and the District's football stadium just a few blocks away, so the District has come to better understand its own interests in managing stormwater. Stormwater management is a community issue. A. Agenda Analysis Closed session, interviews, item 3 a: At its last meeting the Board evaluated the applications for the superintendent position. It is probable that this meeting is for the first interview of the candidates. If at least one of the interviews goes well, another meeting will be scheduled (next week?) to do a final interview of the lone finalist and their family. B. Meeting Review I was unable to attend this meeting, but I reached out to President Carlile. The Board did an interview today, and there are additional interviews on Tuesday and Wednesday. A final interview may be next weekend, but that is not set. C. Commentary New reader disclaimer: I don't advertise on this site, and to date haven't earned a penny from it. Though I am a licensed lawyer, I am not practicing so nothing here is used as an advertisement for a law firm. I don't promote it on social media because social media tends to draw the extremist crowds. What started out as a protest site is turning into an experiment in civics. I consider being only critical of government not productive. Being critical is easy, and it does have its place. I find it more challenging, and interesting, to push back and work with it at the same time. The 1st Amendment is an absolutely amazing tool to do just that. So, don't mistake this as a muckraking journal. It is way more than that. Copyright 2026 G. Noelke
- IC ISD Board April 8 2026
Agenda Analysis | Meeting Review | Meeting Documents | Commentary | Last Meeting This is the exit for the stormwater at the new stormwater detention area at 4th and W. Fleming. It isn’t a “pond” since, if it is designed properly, then water never pools here. As of the date of this meeting, it has only been tested with .2” an.6” rains. A. Agenda Analysis Redemption of outstanding bonds, item 6: Paying off bonds as early as possible is key to the future for the District. If they don’t do this, and do it aggressively, nobody gets raises down the road. I just don’t have the time for a full analysis of this agenda…. Note that another meeting has been posted on the IC ISD site for next Tuesday, April 14. B. Meeting Review Redemption of District’s outstanding bonds, item 6: After a presentation by John Blackburn with Live Oak Public Finance , the Board voted to pay off the 2019 bonds. Here are Blackburn’s presentation slides to the Board . In any event, this is a significant move by the Board. First, there will be some interest income while the funds are resting in escrow. Second, it opens bond capacity again in case there is an influx of new families. Third, it is going to significantly alleviate the financial pressures on the new Supt., who should be named in the next week or two. In the meantime, here is the Board Packet and Supplemental Board Packet for this meeting. Pending: As of April 15, I have one more item here. Even without any Spring rains, this Horse Crippler cactus on Cowboy Hill found a way to bloom on March 31. C. Commentary Oncor/LCRA 765kV case update: Anyone saying they know where the line will go simply hasn’t read the latest reply briefs. I will say this much…the Rocker b Ranch, owned by Scottish Rite Hospital, presented a quite persuasive case at trial. Another group of landowners, known as the Q 11 and Q 12 Intervenors, also did quite well. That said, this case - and other 765 kV cases- can be appealed all the way to the Tx Supreme Court, and that is a long way from now. “Rolling” bonds - a sell and redeem approach to school finance - works for schools just like debt does for a family that lives off of credit cards. When the income fails, the payoff becomes impossible. Copyright 2026 G. Noelke
- IC ISD Board April 14 2026
Agenda Analysis | Meeting Review | Meeting Documents | Commentary | Last Meeting IC ISD’s 2024 bond construction the day before this meeting. A. Agenda Analysis Closed session, item 3 a: this is standard language that the Board will use to privately interview candidates for Superintendent, and privately discuss the candidates and make a decision who gets the job and the terms of employment…without formerly voting. Yes, it is lawful to have these discussions in a closed session. Return to open session and action items on closed session, items 4 & 5: The Open Meetings Act prohibits a formal vote in a closed session, so this is the part of the meeting where a motion is made to approve a particular candidate, with terms, and the formal vote occurs. The “lone finalist” language in 3 a above satisfies a legal requirement that the contract isn’t finalized until after 21 days…sort of a buyers remorse protection agreement. Open forum, item 2: Just a reminder, if it is a public meeting, Texas law requires that there be a place on the agenda for an open forum. The content or purpose for the meeting doesn’t matter. New marching field, also part of the 2024 bonds, with pending water detention area. B. Meeting Review Deliberate regarding the applicants, item 3 a: So, I jumped the gun. This was a meeting for the Board to screen the applications . No applicants were present. So, of course no lone finalists will be named today. Quorum review of documents: even when a meeting is limited to document review, it must still be publicly posted. Since reviewing applications constitutes the conduct of public business and a quorum is present, it qualifies as a public meeting subject to standard notice requirements. Next meeting: the next meeting will likely be when the candidates are interviewed. But it still may not be when a lone finalist is named. Current water detention area at 4th and Fleming, with reconstruction of street pending . I have a pending Public Information Act request to find out more about the street. C. Commentary 765 kV case update: The WW II practice bombing ranges in Irion, Crockett and Schleicher counties came up during the 765 kV trial. I referenced one of my father’s Livestock Weekly articles about it in my brief. Read his Shortgrass article here . (The part about Bode Owens putting an unexploded bomb in his truck and it going off in Barnhart is… true !) Meeting on a proposed data center which affects Spring Creek and water of the area. 6:30 pm Apr 16 456 church West cross lane (Dove Creek, Texas) Pending Copyright 2026 G. Noelke











