Summary findings.
Diana Prechter, 02-18-2026
A timeline begins, 2023: “Trail Conservancy Funding Opportunities”
Several emails were flying around in the spring of 2023 with the subject line: “Trail Conservancy Funding Opportunities.”
The emails were sent to CAMPO 2023-03-16.
The emails were sent to TxDOT.2023-05-11.
A huge amount of federal funding was coming to Austin from the $1.2 TRILLION bipartisan infrastructure bill signed into law in November 2021. TxDOT tapped into the funding for their CapEX I35 Expansion Project through Central Austin, TX.
The Public Interest Network refers to the CapEX I35 Expansion project as a boondoggle. Their 2023 article noted TxDOT’s “lack of transparency and deceptive planning processes.”
My PIR evidence shows that TxDOT’s plan to allow the Trail Conservancy (TTC) to construct the Hyatt PUD Developer’s 1LBL Boardwalk with $25M of public funding was accomplished with similar lack of transparency and deceptive planning processes.
Relying on a 2021 mobility study that identified a long-standing pinch-point on the Trail in front of the new Hyatt PUD Development, TTC proposed that TxDOT’s federal funds be used to pay TTC to build one or two boardwalk projects along the Trail: (1) A Seaholm boardwalk and (2) the Hyatt PUD/One Lady Bird Lake (1LBL Boardwalk).
As the developer of a big capital improvement project on CoA parkland, TTC could realize a massive “Funding Opportunity”: “Off-the-top” percentage fees retained by the boardwalk developer, free CoA parkland valued at $14.8M, free taxpayer money for construction. The only problems were that (a) TTC was not a governmental entity eligible to receive funds directly, and (b) TTC was confined by their CoA 2022 POMA which forced them into a secondary role on all matters of the PARD-owned (Parks Department) Trail.
The 2022 POMA was executed by two individuals: Heidi Anderson and Kimberly McNeeley. They were the "experts" on the POMA's confinement of TTC to secondary roles in all matters of the PARD-owned Trail.
Using their connections to the Hyatt PUD Developer and their board members, TTC began a campaign to act as unregistered lobbyists to the State of Texas.
A clear example of a TTC unregistered lobbyist:
By 2023-05-11, TTC and TxDOT had a "plan" but they needed to get the Parks Department (PARD) "on board". The plan, revealed to PARD on 2023-05-15, was for TxDOT to fund one or two boardwalk projects on Lady Bird Lake as part of "Trail Conservancy funding opportunities".
TTC Board Member Matt Harriss knew that PARD Director Kimberly McNeeley could be relied upon to help TTC.
The essential meeting in which McNeeley and TTC presented the Developer’s Boardwalk to TxDOT was held on 2023-05-15: • 2023-05-15_TxDOT_PARD_TrailConservancy_ATW_meeting.pdf
After the May 15th meeting, email evidence suggests that TTC proceeded to negotiate with TxDOT alone.
• For example, on 2023-05-19 the Hyatt PUD Developer’s full boardwalk plans were sent directly from TTC to TxDOT.
Note: The (Related) Hyatt PUD Developer’s 1LBL Boardwalk plans.
The source document was recently removed from the Developer’s server after I located the link in a PIR and downloaded the plans. Here is my downloaded copy: Related’s plans for 1 Lady Bird Lake Boardwalk and landscaping
• TTC’s Heidi Anderson arranged private conversations with TxDOT’s Heather Ashley-Nguyen, asked Jay Reese to estimate the construction cost of 1LBL Boardwalk, and made email “connections” between TxDOT and Leah Boho, the Hyatt PUD Developer’s Agent to the CoA.
(See Ref [1], Summer 2023, TTC negotiates with TxDOT without the Parks Department)
Misrepresenting TTC’s POMA authority to TxDOT
In a TTC letter to TxDOT on 2023-05-15 -- using letterhead that included the names of all Board members including the Hyatt PUD Developer's Agent Leah Bojo -- TTC misrepresented its powers under the 2022 POMA (contract) with the Parks Department. TTC stated, inaccurately:
Through a June 2022 Park Operations and Maintenance Agreement,
the Austin Parks and Recreation Department (PARD)
transferred to TTC the primary day-to-day stewardship of Town Lake Metropolitan Park and the Butler Trail.
TTC’s "misrepresentation of its authority" was recognized by PARD Asst. Director Kallivoka in 2024:
This statement is misleading, in my opinion. TTC, in effect, eliminated PARD's input and involvement. How on earth!”
Recent internal PARD emails show that TTC -- with is proposed TxDOT Hyatt PUD Boardwalk project -- is understood to be acting outside of its POMA (contract) with the Parks Department.
The Parks Department (now called "APR" or PARD) Christine Chute-Canul email on 2025-10-26:
I’ve been generally advising for the last few months that APR should not serve as the City lead to an agreement with TTC for the improvement, ...
Park Asst. Director Liana Kallivoka email on 2025-10-26:
I think APR's goal should be to not get involved, and when the project is finished, to have TTC and ATPW take on maintenance. This should not be part of a POMA with APR.
The 2022 POMA had failed to contain TTC as ‘secondary” in all matters related to the PARD-owned Trail. For this reason, I think that the 2022 POMA should be terminated and re-drafted.
See: SHARE [02-08-2026] Audit request #1 The Trail Conservancy’s 2022 contract with the City (POMA) should be terminated.pages.pdf
In August 2023, TxDOT published the Final Environmental Impact Statement (FEIS). The Boardwalk is mentioned in Appendix M under “4F mitigation” approved by the Federal Highways Administration.
The following excerpt from the TxDOT FEIS shows that “coordination” for 4F mitigation “for park and trail impacts” was made exclusively with COA PARD.
2023-08 FEIS Appendix M 4F - pages 73-74 Coordination with CoA PARD - not TTC - 2023-08 capex-central-feis-rod-appendix-m.pdf
In Sept. 2023, TTC-TxDOT and Parks Dir. McNeeley had a meeting to discuss the $25M 4F mitigation funding for the Hyatt PUD Boardwalk
We know that the 2023-09-05 TTC TxDOT meeting included PARD Director Kimberly McNeeley.
2023-09-18: The topics of the 9/5/2023 meeting were summarized in a TTC-TxDOT joint memo to the TTC Board of Directors.
Next steps for both TTC and TxDOT required that a decision be made by PARD Director McNeeley.
Anderson to McNeeley on 2023-09-26:
When you have a moment could we please circle back on the TxDOT funded boardwalk project and discuss next steps? If this project is to be a TTC lead effort then the TxDOT agreement will be specific to funding a 3rd party,... If you decide that this project needs to be led by the city then the funding agreement would be between TxDOT and the City with TTC as a stakeholder... Let me know how you want to proceed on this.
Anderson urged McNeeley to make her decision on behalf of PARD "sooner vs. later"
The above email from TTC Anderson to McNeeley on 2023-09-26 is critical to understanding McNeeley's role going forward.
From the 2023-09-26 email and later evidence in 2023-2024, we can understand that McNeeley is the sole person responsible for diverting $25M in 4F mitigation funding away from the COA PARD and to The Trail Conservancy.
An outline of the evidence confirming that PARD Dir. McNeeley decided to fund TTC and not the COA PARD:
(1) 2023-10 TxDOT October 2023 internal emails show TxDOT working to find a scheme to fund TTC and not COA PARD
(2) 2023-2024 Mcneeley applies for the TTC CEO position. (TTC CEO search announcement Nov. 2, 2023 and the application deadline Jan. 18, 2024). McNeeley's change of employer from PARD to TTC in 2024
I believe that my PIR evidence shows clearly that only one PARD staff member was involved in the funding scheme decisions related to the TxDOT $25 million mitigation funds: PARD Dir. Kimberly McNeeley.
And the critical decision that PARD Dir. Kimberly McNeeley made was: Do not pay the TxDOT $25M 4F mitigation to COA PARD. McNeeley attempted to move $25M of public funding from the Parks Department to her future employerTTC without consulting her bosses or her direct supporting staff.
Pondering: What did TxDOT staff know about the boardwalk? And why were they committed to giving preferential treatment to TTC and/or the Hyatt PUD Developer? Why did TxDOT staff have contempt for COA PARD?
TxDOT knew that it was being asked to fund the Hyatt PUD Developer’s 1LBL Boardwalk: The link they received was the full 1LBL Boardwalk plans direct from the Developer’s document server.
Why did TxDOT staff work so hard to prevent the COA PARD from being involved in a development project on parkland? I see it this way: By controlling the funding through TTC, the Developer could be assured that NO OTHER SOLUTION TO THE PINCH POINT WOULD BE CONSIDERED BY THE PARKS DEPARTMENT.
I believe that the “TTC connection” is the Hyatt PUD Developer’s preferred solution. If CoA PARD controlled the boardwalk funding, the Developer would be at risk of not having the 1LBL Boardwalk designed and built according to the Developer’s plan. It might not have been built at all if the CoA PARD was successful in parkland dedication negotiations with the —same — Hyatt PUD Developer.
It may be that this was a “Developer deal” negotiated by other parties — such as State Legislators — and advanced under the largesse of the CapEX I35 Expansion project.
Mayor Watson’s role can only be guessed. He is a strong supporter of the TxDOT I35 Expansion Project:
“For more than a decade, we’ve worked with TxDOT and state leaders to design a project that addresses Austin’s mobility needs and reflects our values.” -Watson
https://www.kxan.com/traffic/traffic-projects/i-35-expansion-project/new-austins-i-35-expansion-receives-federal-approval/
Watson served in the Texas State Legislature from 2007-2020.
In 2013, Watson served on the Transportation Committee.
Watson was the first to announce publicly that the $25M Boardwalk would be funded by the CapEX I35 Expansion Project: He announced the $25M Boardwalk after a meeting with State Legislators.
The public should consider: Is the $25M a gift or a bribe?
TxDOT is dangling $25M in front of Council members saying “build this 1LBL Boardwalk or else we are taking our money back.” TxDOT apparently intends the $25M to “break the City’s rules”: Rules that must be followed for selection of parkland projects, for PARD-led community engagement, for RFP’s and for competitive bidding. (See Ref. [5], The PARD Rules for capital improvement projects on parkland)
The TxDOT-APFC-TTC funding scheme took a year to develop:
In spring of 2024, TTC’s Hanna Cofer collaborated with TxDOT staff to create a funding scheme that would exclusively pay the $25M to TTC (with the APFC as intergovernmental agency), bypassing the COA PARD and contradicting the FEIS.
TxDOT prepared a Draft Advance Funding Agreement (AFA) showing the funding scheme. The $25M would not be paid to COA PARD, and the Boardwalk would be tightly controlled by TTC:
2025, a new Parks Director, a new year: How TxDOT explained the 1LBL Boardwalk to incoming Parks Director Jesus Aguirre
On Feb. 14, 2025, the TxDOT Director of Transportation, Planning and Development, Heather Ashley-Nguyen sent an email to the new Austin Parks Director Jesus Aguirre summarizing TxDOT’s plans for construction of the 1LBL Boardwalk.
At one point we were hoping to use the developer’s land or the boardwalk itself as the 6f replacement, but both were denied because the are[area] is already being used as recreation. This was all in close coordination with PARD. Also, TxDOT is working with the Austin Public Facilities Corporation (APFC) as our contracting party with the backup Code Texas Local Government Code , Chapter 303. Therefore, APFC is the Local Government my team is drafting the standard Advanced Funding Agreement with.
The problems with this email:
- 2024-2025 emails by PARD staff give evidence that it was absolutely not “in close coordination with PARD”.
- The APFC’s role has since collapsed (the APFC directors "incorrectly reported" their nonprofit status in their application for registration to the TX Secretary of State), and we know now that TxDOT’s $25M funding will likely be paid to PARD after all (TBD).
- It omits explaining to the new PARD director that the proposed 1LBL Boardwalk location is 6 acres of dedicated parkland valued at $14.8M (TCAD Property ID.s 190731 and 190737).
New Parks Director Jesus Aguirre spoke to the Parks Board in 2025.
On 2025-03-04, Parks Director Aguirre answered questions about the $25M Boardwalk at the Parks Board Meeting. (See Ref. [3], March 2025, Aguirre’s explanation to the Parks Board). From his statement, we understand that Aguirre believed:
- that the 1LBL Boardwalk location is “water” and not property (incorrect); and
- that it’s okay for the Boardwalk to be “built outside of City process.”
Both of Aguirre’s ideas could cause major problems for the citizens of Austin.
Problem #1: We know that the proposed Boardwalk location is 6 acres of dedicated parkland known as “water parcels” — Property IDs 190731 and 190737 — with TCAD value of $14.8M. The parkland is under the authority of the Parks Department. The parcels host two popular boating concessions. As parkland parcels, these 6 acres are subject to strict rules inside the CoA Parks Department that govern capital improvement projects on parkland. (See Ref. [5], The PARD Rules for capital improvement projects on parkland)
Problem #2: All construction projects on public land (not just parkland) must follow the rules for procurements. If TTC is allowed to construct a boardwalk outside of city processes this means: No RFP’s, no competitive bidding. This would conflict with the CoA Charter. § 15. - PURCHASE PROCEDURE.
“All contracts or purchases involving more than $5,000.00 shall be let to the bid deemed most advantageous to the city after there has been an opportunity for competitive bidding;”
In 2026, Director Aguirre is now in a position to make a key decision:
- Will Aguirre recognize that the land is not just “water” but parkland parcels and therefore governed by the Rules for capital improvement projects on parkland? Will Aguirre enforce the City’s Charter. § 15. - PURCHASE PROCEDURE? Will the Parks Department perform community engagement? Will the CoA draft an RFP and solicit for a construction company using competitive bidding?
- Or will Aguirre, like his predecessor McNeely, demonstrate by his actions that he supports the TTC above and beyond his obligation to enforce the CoA parkland development procedures?
The City of Austin should not be contorting itself to enrich TTC.
The job posting for the new Parks director in 2024 asked for candidates who would support park nonprofits.
"Develop public-private partnerships by collaborating with private entities and community organizations to support park development and programming."
Jesus Aguirre got the job. His job duties require his general support for park nonprofits. Dir. Aguirre’s previous employer was the Austin park nonprofit Waterloo Greenway Conservancy. As CEO of WGC, Aguirre earned over $300K in 2023. (See Ref. [4], Aguirre earned over $300K a year as a Nonprofit CEO).
He recently acted alone -- without consulting the Parks Board or the City Council -- to award an unprecedented 15-year contract to Austin City Limits Festival (ACL) in partnership with the nonprofit Austin Parks Foundation.
At present in 2026, Aguirre’s loyalty to the taxpaying public has not yet been proven.
The TTC’s $25M Boardwalk is the next test case for the Parks Department Director.
Will the Parks Department enforce:
- the 2022 TTC POMA (in which TTC has only a secondary role, PARD has primary authority)?
- the Rules for capital improvement projects on parkland?
- the City Charter requirements for competitive bidding?
In 2026, citizens must watch the Parks Department and dissuade them from lack of transparency and deceptive planning processes in the proposed $25M Boardwalk plan.
Does the Parks Department serve the public? Or the Hyatt PUD Developer?
My specific request:
The job description for the Director of the Parks Department says:
"Ensures all activities are carried out in compliance with City and departmental policies and procedures, local, state, and federal regulations and laws governing activities."
I assert: The water parcels are dedicated parkland property. The Parks Department and City have explicit rules for capital improvement projects on parkland.
If TTC wants to build a boardwalk, it must be a project selected by multiple employees of the Parks Department, under the terms of the existing TTC 2022 POMA, and by normal processes: CoA RFP’s and competitive bidding.
To build a boardwalk, TTC must win the competitive bid.
