Saturday, May 19, 2018

Election Info, 620 Accident, Cherry Knoll Dismissed, Council and More!

It's been an interesting week.  Let me recap a few items.  

Shortly after voting started in the May election, it was brought to our attention that there was an issue with our charter and the state constitution and the way we were holding elections.  

In 2014 we made a change to the charter to have 3 year terms for elected officials.  This was primarily because with 2 year terms the council quorum could change every other year.  One year 3 council members had to run and the next year 3 more had to run along with the mayor.  There was also discussion at the time that it took a new council member a while to learn the ins and outs of the office and they were running for election right after they figured out the system.

Council was told this would initiate a "resign to run" rule that says if you want to run for higher office (mayor) you had to resign your current position and that would initiate an election to fill your position in 120 days.

That charter change was passed by the voters in Lakeway in 2014.  Fast forward to 2018.  It was brought to our attention that there were two other items that were missed by our legal counsel at the time.  Those two items were (a) the city needed to adopt a "place" system so candidates would sign up to run for a specific "place" on the council and (b) it would require a majority vote at election time instead of a plurality.  Our legal counsel made an error and we will move forward to fix the problem.

Once this was brought to our attention, legal counsel started working with the Secretary of State (SOS) on how to move forward with an election that had already started.  The mayors election was not a big issue, if there was a runoff, the top two candidates would run against each other.  The big issue was with the council race where there were 6 candidates for two positions and there was no case law on how to hold a runoff election.  This is further compounded by the fact that both election (mayor and council) had to use the same rules.

The path the (SOS) recommended was to "PAUSE" the implementation of the 3 year terms that started in 2014.  This entailed a complex solution that restated the terms of office from 2014.  Everyone that had won a 3 year term now went to 2 years and if they were in the third year at this time they were considered "hold over" until another election.

The city held a special council meeting on April 23, 2018 and all candidates were invited and (I believe) attended.  The path forward was explained - the mayor would serve 1 year, one council member (highest votes) would serve 2 years and one council member would serve one year.  Two other council members were considered "hold overs" and a special election would be held in November to fill those seats.  The election would be held under two year term rules and would require a plurality vote.  No runoffs would be required and the "resign to run" rule would not be in effect. 

Many candidates spoke, and at the end of the meeting everyone including all mayoral candidates and council candidates (with one exception) seemed to understand the situation and felt this path was a viable option to move forward. 

Now fast forward to this week.  The election was held, the preliminary vote showed that Sandy Cox won with 42% of the vote, Steve Smith had the most votes in the council race and Keith Trecker was next.  

On Monday, Ms. McMillan and an attorney didn't like the outcome of the election and filed a petition for a TRO to stop the seating of Mayor Elect Cox on the 21st.  Here is that petition.  There were many issues with the petition including Ms. Cox was named (individual that has no control over election rules) and the city council (not a jural entity) was named.  They could have named the city and/ all council members individually but did not do that. If an election is to be contested there is a process for that contest - this petition was trying to circumvent that process.  Our attorney filed a brief to the court although the "city" was not named in the petition.  Here is that brief

The judge evidently chose not to issue the TRO.  A hearing was not held.  This is all moot at this point and the city moves forward.

State law says the city must "canvass" the vote within 11 days of the election.  Travis County (election folks) don't make the final total available to us until that 11th day (May 16) and we held a special meeting to "canvass" the vote on the 16th.  Generally this is not a big deal - in fact only 2 council members constitutes a quorum for this.  However, we also needed to finalize the term lengths and talk about a law suit (not the election one) in executive session. 

The council meeting was held and the vote "canvased".  All this means is the council votes to make Travis County's tally official.

Mayor Elect Cox signed the necessary paperwork and took her oath of office before a notary and turned in that paperwork after the meeting Wednesday.  I signed a certificate of election Thursday as is required by law.  Ms. Cox and Council Members will be sworn in and take office Monday at the council meeting as is the normal process.

Candidates have 10 days from the date of canvass to contest the election in the courts.  The city has not been served and there is no official pending contest.  That could always change but the city went forward with a process recommended by the SOS and counsel.  Any contest will have to overcome that and provide an alternate "legal" path forward.

The city will go forward with business as usual.  There is no corruption or nefarious actions in the city.  Those that say that and are spreading those comments should reconsider and if they feel strongly there is an issue should do their own research and bring it to the police, city manager, myself, go tho the district attorney with a complaint or hire an attorney and file suit. Continuing unfounded claims is not productive and is not helpful to the democratic process.

As reported earlier in the week there was an accident that involved a fire truck and 5 other vehicles at 620 and Comanche Trails (turn off for Oasis).  There were no fatalities and I'm told all have been release from the hospital except the fireman that was driving the truck.  Please keep all these folks in your prayers for a speedy recovery.  We were very lucky that this was not far more serious.

We received notice this week that the Cherry Knoll lawsuit has once again been completely dismissed.  We purchased land from the plaintiffs to complete the Flint Rock Road project, paid appraised price and everyone was happy.  They (and we) signed a contract agreeing that all were happy with the outcome and no one would sue.  I don't think they will refile - no one knows for sure.  here are the orders.  Order on Motions - Final Judgement

Council will meet in regular session Monday the 21st.  Here is that agenda.   The new Mayor and Council Members will be sworn in and the rest of the agenda is pretty self explanatory.  Here is a link to the packet with more info.

The Impact had an article on the Sports Parks in Travis County that includes infor on the Bee Creek Sports Complex.  Here is a link to that article.

Staff met with TxDOT this week and discussed the upcoming 620 project (yea).  They will most likely start working with a committee of stakeholders this fall.

Public Works replaced yield signs with stop signs at the intersection of Copperleaf and Plum to make the intersection safer.  Now if we can just get folks to stop and look!

From the Chief:
LPD Officers conducted 197 traffic stops, responded to 13 alarm calls, responded to 17 animal calls, responded to 12 collisions, answered 18 suspicious circumstances calls, completed 1 mental health calls, and handled 134 other types of calls for service for a total of 392.

Routine traffic stops resulted in the following charges; Driving while Intoxicated X 2, Evading Arrest/Detention X 1, and Possession of Drug Paraphernalia X 3.

Officers responded to a RR 620 S. business in reference to a disturbance. The manager advised that a customer had repeatedly returned to the business and was harassing employees over an account. The management asked that the subject be issued a trespass warning for the business. No charges were filed in this case.

Detectives were assigned to investigate a report of a Theft that occurred in the 200 block of Sendera Bonita. According to the victim, he had several rare coins mailed to his residence, but indicated he never received them. The coins were later observed posted for sale by another individual. Detectives were able to positively identify that seller as the postal carrier who had been responsible for delivering the coins to the victim’s residence. Detectives worked closely with the United States Postal Inspector’s Office and collected enough evidence to obtain an arrest warrant (Theft, Felony) for the suspect.

Communications Supervisor Olsen and Sgt. Brown represented the Lakeway Police Department at the ASIS International Law Enforcement Appreciation Luncheon held at the Domain. The event was attended by staff members from all Central Texas area law enforcement agencies as well as area private security corporate representatives.

Detectives were assigned to investigate a report of an Assault that occurred in the 1100 block of RR620 North. According to the victim, she was assaulted by a known associate in the parking lot of a business. Detectives conducted multiple interviews and obtained video footage of the incident. However, Detectives were unable to convince the victim to cooperate/prosecute and the case was closed.
This will be my last blog as Mayor, I hope you have enjoyed the information.  I intend at this point to continue to report - of course it will depend on continued access to information.  I don't expect that to be an issue - almost everything I get is available on the web site or for the asking.

I have enjoyed leading the city for the last 3 years.  I am disappointed that a vocal minority is working hard to discredit hard working elected officials and staff.  

Remember this - we have a very open government, a low tax rate and significant reasons to live in this special place.  Elected officials are there to make decisions in the best interest of the city and it's citizens.  You should elect those that are not single interest candidates and have the best interest of the city at heart.  

I believe that has happened in the last election.  Most importantly, we need to get out and vote!  Less than one fourth of the registered voters voted in this election.  

Thank you for all the support in the past 9 years as an elected official of our wonderful city.  I look forward to staying involved and helping to keep our city the wonderful place I moved to 30 years ago!

If you would like to be added (or removed) from my email list, send me a note and I'll make it happen.  

Have a great Saturday and I'll see you around the city!

Joe Bain

Wednesday, May 16, 2018

Election TRO Attempt, Fire Truck Accident on 620 and Response to Johnson Letter

Big week in Lakeway!  

Monday we received a petition from the attorney for candidate McMillan filed with Travis County District Court electronically at 6:59 p.m.  Here is that petition.

  • Council, per the Secretary of State and legal counsel, paused the charter section that caused 3 year terms because of issues with conflicts with the Texas State Constitution.  There were basically 2 issues we were not made aware of during the 2014 Charter changes. 
  • 1.  3 year terms require a majority vote instead of plurality.  That means that if a candidate does not receive 50% + 1 it would force a runoff.
  • 2.  Because of the majority issue, council seats should have been done as "places" - that means the 6 candidates would have to have chosen which seat they wanted to run for.  This would have made any runoff work - the top two vote getters for each "place" would have been in the runoff.  As it is, there was no way or case law showing how to do a runoff.
  • Council "paused" the charter and went back to 2 year terms.  That also threw out the resign to run issue that Council Member Hennagin faced when she chose to run for mayor.  It also negated the requirement to hold an election to replace her within 120 days and the confusion of having a runoff election and the election to replace Ms. Hennagin on the same date.

Yesterday we expected the judge to make a ruling on the TRO.  That did not happen and the judge requested briefs from the attorneys.  Here is the brief from the city's attorney

Because Ms. Cox was filed on and is not yet a city official, she was forced at her expense to hire an attorney to represent her.

Briefs were filed and an opinion was expected today with a possible hearing after 2:30 p.m.  

Council went ahead with the scheduled hearing and as required by law canvassed the vote - this means we received the final report from the county and certified the vote count.  That canvass showed Ms. Cox winning the mayors seat with 42% of the vote.  Steve Smith and Keith Trecker received the most votes in the council race.

The court was silent this afternoon on any orders prohibiting any of the actions taken.  There was no action taken on requiring a runoff as requested by McMillan.

After the meeting I was informed that Ms. Cox had done paperwork and taken the oath of office for mayor.  

I know this is a lot to take in, I expect more information from the court tomorrow and will post it when I get it.  If Ms. McMillan is successful in her bid for a runoff election it will cost about $45,000 tax dollars.  We will see where this goes soon.  
620 was shut down around 2:30 p.m. because of an accident on 620 at Comanche Trails (turn off for Oasis).  A Southbound fire truck crossed into the oncoming lanes, hit 5 cars and turned over.  There were 10 individuals transported to hospitals, all but one have been released - no fatalities - we are blessed!  We wish all the best for the firefighters and civilians that were injured and wish a fast recovery for all!
Finally, you might have received a letter from Gil Johnson about the build method on the police station.  He passed the letter out at the Men's Breakfast Club a few weeks ago and asked for corrections or issues if anyone could help.  I took that letter and had staff write a red line response - here is that response with matrix included at the end.  It showed significant errors in his letter and his assumptions.  Although given correct data, he sent out his letter without any consideration for those corrections.

Today we finished a response to that letter.  Here is that response.  I am disappointed although Mr. Johnson started out saying he did not suggest any inappropriate conduct, that he then went on to state that City Manager Steve Jones and I were loose and mismanaged taxpayer funds.  Mr. Johnson's quote: "I submit that this is loose and unacceptable mismanagement of $23,000,000 of taxpayer funds."

There is NO mismanagement of these funds and all the city has done has tried to protect taxpayers dollars.  Please read the red line and response.  

As always, tell your friends about the blog.  If you would like to be added or removed from the email list send a note to and I'll get it done.  If you have questions, email me!

Joe Bain

Saturday, May 12, 2018

CAMPO, Main St., Police and More!

Greetings!  Another week has flown by.  We've moved into the edges of Summer and it seems the rain is still finding ways to ignore us.  The four inches of rain last week was outstanding and we are just below average for the year.  Although there was considerable rain west of us, it mostly soaked in.  Lake Travis did see a slight increase (inches) but has started a downward trend again.  Here is a link to the latest report.  We are slightly below average for this time of year, hopefully we will see more rain to get the levels up a little.

CAMPO Meeting May 2018
As previously reported, CAMPO voted unanimously to fund the 620 widening project from Hwy. 71 to Oak Grove Blvd.  The project is currently moving forward now that funding has been approved and is in the environmental and engineering stage.  With the CAMPO funding along with TxDOT's help this vote infused about $90,000,000 into the project.  North 620 had no funding request and no plan and received no money.  It appears the bypass at 620 and 2222 is also being funded.  I'm hopeful that Austin and Travis County will pursue improvements from Oak Grove to 2222.  Thanks to all the folks that helped get this on the books!  It will be a great improvement to Lakeway's traffic issues.  Here is a link to a brochure that shows the Transportation Improvement Project (TIP) projects.

I've also put in a request with TxDOT to change the signaling at Main and 620 to make this a 2 lane turn from the Oaks to 620 North.  This should solve the backup issues in the Oaks.  

It's time to start July 4th festivities.  Lakeway is seeking Parade entries - here is a link to more info.  Get involved in the wonderful celebration!

Next Wednesday Council will meet in a special session - May 16, 2018 at 2:00 p.m.  Here is a link to the agenda and packet.  This meeting is primarily being held to finalize the official terms (see packet) for the newly elected officials per our conversations with the Secretary of State and to canvass the vote from the election.  Council will also discuss a lawsuit that is pending over a sign issue at the Harbor in executive session.  

Here is a report from Building and Development Department on last weeks work.

Travis County has hired Stantec to produce a plan and cost estimate for the Bee Creek Sports Complex.  That is another GREAT project that is now moving forward to benefit our residents and kids.

Last week ZAPCO discussed the definition of "Fast Food" at there meeting.  The Oaks PUD restricts "Fast Food" to 16,000 sq. feet.  Depending on how you define "Fast Food" the Oaks may be exceeding that limit.  When the PUD was developed, my recollection was the limit was imposed to restrict leasing to higher end restaurants.  This has come about because of the application of Jason's Deli for a permit.  They also want a drive through. 

Here is the code definition:
Restaurant. An eating establishment at which food is sold exclusively for consumption at tables on
the premises, and where the gross receipts derived from the sale of alcoholic beverages from onpremises
sales shall not exceed seventy-five (75%) percent of the restaurant's gross receipts.

Restaurant, fast food. An eating establishment specializing in foods prepared and served quickly
and designed to permit customers to remain in their automobiles. Customer service from a counter and seating on premises may also be provided.

Lots of restaurants that are "Fast Food" in the Oaks.  Here is a link to the packet - go to page 45 to see the info.  What do you think?

From the Chief:
LPD Officers conducted 250 traffic stops, responded to 15 alarm calls, handled 19 animal calls, responded to 10 collisions, answered 10 suspicious circumstances calls, completed 1 mental health evaluation, and handled 124 other types of calls for service for a total of 429.

Routine traffic stops resulted in the following charges;  Possession of a Controlled Substance X 1, Possession of Marijuana X 1, and Possession of Drug Paraphernalia X 2.

Officers were called to a Lohmans Crossing business in reference to a civil stand-by call. Officers met with the business owner who was in the process of terminating an employee. The owner wanted a criminal trespass warning issued to the ex-employee for three businesses owned by the complainant. The warnings were issued and no further charges were filed in this case. 

Detectives were assigned to investigate a report of Stalking in the 100 block of Lido Circle. According to the victim, she has been receiving multiple harassing and threatening communications from a former personal acquaintance. Detectives collected additional evidence in the case and interviewed the suspect by phone. The suspect admitted to sending the text messages and claimed to be suffering from mental issues. Detectives obtained an arrest warrant (Stalking, Felony) for the suspect who remains at large. 

Detectives were assigned to investigate a report of Credit Card Abuse in the 100 block of Medalist. According to the victim, a subject known to her stole several credit cards while staying at her residence. The suspect used the cards for approximately 40 unauthorized purchases throughout Lakeway and Austin, totaling over $2,000. Detectives obtained multiple video recordings of the suspect using the victim’s credit card at various businesses and obtained an arrest warrant (Credit/Debit Card Abuse, Felony) for the suspect.

Detectives were assigned to investigate a series of vandalism (graffiti) incidents at several businesses in the Lakeway Commons shopping center. During the course of the investigation, Detectives discovered the same markings appeared at another local business. Detectives obtained video footage of a suspect making the marks. Using that information, in conjunction with the credit card purchase, Detectives were able to positively identify the suspect and have obtained an arrest warrant (Graffiti, Misd.) for him. 

Detectives were assigned to investigate a report of a Burglary in the 1500 block of RR620 South. According to the complainant, some unknown suspect(s) smashed the front window of the business and entered during the night. The suspect(s) then smashed open a glass display case and stole jewelry. Detectives are following up on the few available leads as the case remains active. 

Detectives were assigned to investigate a report of a Credit Card Abuse. According to the victim, she discovered multiple unauthorized purchases on her company’s credit card account. During the investigation, it was determined the card was likely skimmed and cloned. The cloned card was later used in Mustang Ridge. The case has since been transferred to the Mustang Ridge Police Department for further investigation. 

The final meeting of the 15th Lakeway Citizens Police Academy was held Thursday evening at the activity center. The graduation event was well attended by family and friends of the attendees. We would like to congratulate all of the graduates! Thank you for spending the past 12 weeks with the members of our police department. 
Thanks for all the continued support!  We have a GREAT city and GREAT volunteers that keep it that way.

If you would like to be added (or removed) from my email list, send a note to and I'll take care of it.

Have a GREAT weekend!

Joe Bain

Tuesday, May 8, 2018

Special - CAMPO Passes Funding Request!

Steve Jones, Mayor Elect Sandy Cox and I attended the May CAMPO meeting at the Joe C. Thompson Conference Center on the UT Campus last night. 

GREAT news!  After about 5 years of effort by citizens and staff, CAMPO passed a funding request for 620 improvements last night at the Transportation Policy Board meeting.  Funding included about $59M for road construction from 71 to North of Lakeway on 620 plus about $10M for ITS implementation (Intelligent Transportation System) for a total of $69M.  Lakeway and Bee Cave have both pledged $5M each and the rest of the $100M project will be funded by TxDOT.

Currently the project is in environmental and engineering.  Now that funding has been identified the project will move forward and Construction should start by 2022.

I want to personally thank Steve Jones and the staff that have worked tirelessly to make this happen.  It's taken a lot of work on their part and this success will significantly improve our quality of life in Lakeway.  

There's still more work to be done - we need to continue to look to the future.  Growth will not stop, we need to find ways to accommodate that growth and continue to work to protect our future.

If you have questions, feel free to email me!  

Joe Bain

Saturday, May 5, 2018

Special Report - Vote Totals

Here is a link to the final vote totals.  

Please congratulate Sandy Cox, our new mayor.  She had 42.22% of the votes.

Steve Smith had 25.13% of the vote and Keith Trecker had 19.86%.

All of the propositions passed except for Prop B.

The mail in votes will not be counted until May 11th and we should have the official totals on May 16.

Joe Bain

Rain, SOS and Election, Terms?, ZAPCO, Police Report and More!

Well it has been another busy week ending with some wonderful rain.  Although it rained about 4 inches today, we had no road closures or major flooding.  The light at Lohmans Spur and Lohmans was on flash but a crew was working on it shortly after noon.  It looks like we are done with the real heavy rain (2 inches an hour at 10:00 a.m.)  Looks like the weekend will be nice!

There seems to still be a lot of questions about the election.  The city has not published an official statement because we are waiting on the Secretary of State to agree or disagree with the plan going forward.  This afternoon we received news through our attorney from the Secretary of State's office that they concur with our method in determining length of terms for the successful candidates.  Here is a link to the impact chart.  This just gets us through the current election.  We expect a written confirmation and an ordinance or resolution will most likely document this at a special meeting May 16th that is required to be called to canvas  the election (certify the votes).

Council will have to determine if they want to stay with three year terms or go back permanently to two year terms.  Either way there is no emergency to change the charter - let me explain.  The three year terms were done for a reason.  With three year terms, 2 council members are up for election every year.  With two year terms three seats are up one year and four are up the next year.  This means the council quorum can completely turn over every other year.  The 2014 council felt that was a concern and voted for the change.  Three year terms also means the city would have a majority election, 50% + 1 to win and could have run off situations.  It also means a place system would have to be instituted for council members - this could be done with an ordinance, it would not require a charter change.  Although the Charter Review Committee nor Council was advised of these issues at the time, both can be easily corrected.  Eventually the charter would need to be changed to change the plurality v.s. majority statement, but the state constitution would over rule that anyway.

If it was desired to go back to two year terms, we would continue to pause the change to three year terms as we are now until we can change the charter - no real rush but it needs to be done.
ZAPCO met in regular session Wednesday.  Here is the agenda and packet.  

ZAPCO voted to table the appointments to the Comprehensive Plan Steering Committee until next month.  This causes another month delay in getting this committee off the ground - it was decided that ZAPCO and Council would appoint their members who would then select the 5 citizen members.  Now that can't happen for at least another 2 months.  

Sign alterations were approved for monument sighs at 801 RR 620.

Signs were approved for Belmont Village and locations were approved.

Item 8 was a variance that was approved to increase the allowable impervious cover to 60% for a business project in out ETJ.  

Item 9 was a Special Use Permit for Lake Travis ISD to allow portable buildings at the new middle school on Bee Creek Rd.  These will be allowed until the new middle school is open, hopefully in 2019.  It's growing faster than they can build.

There was some clean up done on the STR ordinance on item 11.

Item 10 was a discussion on what a Fast Food Restaurant is.  Why, you ask?  Because the PUD that the Oaks is under restricts the Fast Food Restaurants to a total of 16,000 sq. feet.  Depending on definition of "Fast Food restaurants" new requests could be denied.  This was put into the PUD by then Deputy City Manager Chessie Zimmerman - my discussions at that time reflected the desire to get more real restaurants - sit down type establishments with table service.

It's been my experience as Council Member and Mayor that attending ZAPCO and CBC meetings is a good way to learn about what is going on in the city.  It also gives you a good idea of what you will be voting on at council meetings - the whole picture.  There were several important issues discussed at this meeting, although Council Member Haley and Massa were there to observe, there were no council candidates and the only mayoral candidate that attended was Sandy Cox.  
The Police Station meeting was held on site, on budget and on time.  They did not schedule work on Friday because of the forecast rain event and will be working on Saturday to stay on schedule.  There is steel going up and some of the concrete is already poured.  Moving along nicely!  Double click on the image to see a larger rendition.
If you look to the far right of the picture, you can see the clearing done around one of the lakes on the property that Lakeway Plaza Partners have done - it is beautiful and I'm sure they have plans to keep it that way.  Thanks Tom!
Steve Jones and I will be attending the CAMPO meeting next week to secure funding for the 620 improvements.  We have also been working with CAMPO to get some alternate routes on their horizons.  The 620 improvements will help, but the real fix is an alternate route either East of Lakeway or West of Lakeway.  
Today is the official election day!  If you didn't vote early, please get out and vote today.  Polls are open from 7 a.m. to 7 p.m. at Randalls, Serene Hills Elementary and the Activity Center.  We have a GREAT city, well run, low taxes and many wonderful amenities.  Out volunteers work hard to keep it that way and have for many years.  Think about who has your best interests at heart, not those that want another line item on a resume.
From the Chief:
LPD Officers conducted 229 traffic stops, responded to 16 alarm calls, handled 23 animal calls, responded to 7 collisions, answered 15 suspicious circumstances calls, completed 2 mental health calls, and handled 137 other types of calls for service for a total of 429.

Routine traffic stops resulted in the following charges;  Possession of a Controlled Substance X 1, Possession of Alcohol by a Minor X 1, and Possession of Drug Paraphernalia X 2.

Officers responded to a Woodside Terrance address in reference to after-hours construction. Upon arrival, officers found a construction crew was operating at 3 a.m. without a permit from the city. The concrete pour was stopped and trucks were advised to vacate the area. One subject was issued a citation for a violation of city ordinance.  

Week eleven of the Citizen’s Police Academy took place at the Lakeway Activity Center. Detectives and crime scene technicians taught them about working cases and then provided a scenario for them to solve. Participants collected evidence, and conducted interviews of the suspects/witnesses in an effort to solve the crime. The CID team comprised of Sgt. Brown, Detectives Howell, Kanzenbach and Proctor, and Crime Scene Techs Smith and DeVille were involved in teaching the course. 

Sgt. Brown and Det. Proctor attended a three-day National Cybercrimes Conference where they participated in multiple training sessions covering topics such as collecting and analyzing digital evidence, preparing digital evidence search warrants, and other cyber-related investigative techniques. 

CST Smith and TFO Brennecke completed another successful DEA Drug Take-Back program and collected 542 lbs. of expired medications. 

*** UPDATE *** Detectives received notification from CPS regarding a possible Injury to a Child in the 1500 block of Lohman’s Crossing. According to the notification, a childcare employee grabbed a one year old child by his arms causing injury. Detectives collected additional evidence in this case, including video/audio footage of the alleged incident, as well as multiple statements. Following a review by the Travis County District Attorney’s Office, Detectives obtain an arrest warrant (Injury to a Child, Felony) for the suspect. Detectives are currently working with the suspect and her attorney to have her surrendered to the Travis County Jail. 

Detectives were called out to the 200 block of Canyon Turn Trail to assist patrol officers with an incident of assault. Officers initially responded to the residence in reference to ‘suspicious circumstances’ and to assist EMS. Several subjects were located inside the residence including an unconscious female. The female was transported by EMS to an area hospital. Officers were later advised by Emergency Room staff that the subject had likely been assaulted and was listed in critical condition. Detectives located the male suspect at Baylor Scott & White – Lakeway and conducted an interview with him. During the interviewed, Detectives learned he was armed with a handgun. The firearm was seized as evidence without incident.  Detectives worked in conjunction with the Travis County District Attorney’s Office, and were able to obtain two arrest warrants for the suspect (Aggravated Assault, Felony & Unlawful Carrying Weapons, Misd.). The suspect was later apprehended at his residence without incident. Additionally, Detectives have obtained and executed a search warrant at the residence and collected additional evidence. The suspect remains in the Travis County Jail with a combined $255,000.00 bond.
That's all for today, expect a special edition with voting results.  Vote wisely and we'll hopefully know tonight.  

Thanks for the continued support - if you have questions, email me.  If you would like to be added (or removed) from my email list send a note to and I'll take care of it.

Joe Bain

Friday, April 27, 2018

OZONE Action Day, More Election, Activity Ctr and Police!

OZONE Action Day Tomorrow.  Here's a link to more info and what to do.

Tomorrow is also the day to bring in unwanted prescriptions to the Lakeway Police.  They will be in the parking lot of the Justice Center from 10 a.m. until 2 p.m. to collect those unwanted drugs.  Here's a link to more info.

The City is working with the Secretary of State to finalize and get their blessing on the plan for correct the elections issues.  All elections will be held for 2 years and this allows a plurality vote count.  The mayoral candidate with the most votes wins and the top two with the most votes in the council race will win those seats.  No run off.  

To true up the terms back to two years the following will happen:

Mayor will serve 1 year;
One council winner will serve 2 years;
One council winner will serve 1 year.

Dwight Haley and Jean Hennagin's term expire this May and their seats will be up for election in November for 18 months.

Terms will need to be looked at by council and put before the voters.  The reason a 3 year term was selected in 2014 was to allow 2 seats every year instead of 3 seats one year and 4 seats the next, effectively electing a new quorum every other year.  

Council can pass an ordinance to make the council seats "places" so you would run for "place 2" or "place 3".  It takes the concern out of how to structure runoff if there is one.  If the 3 year seats area maintained, it would mean a majority vote instead of plurality.

Council can also revise the charter back to a 2 year term - that brings back the issue of an election every other year that could change the quorum makeup.  

Now that we have all the information, council needs to make a good decision to carry us forward. 
The Lakeway Activity Center has their Summer kick off May 19th from 10 a.m. until 1 p.m.  Here is a link to all the info.  Lot's of fun things coming up for the Summer!

Here's another link to even more from the Activity Center.  check it all out!

ZAPCO will meet in regular session next week.  Here is that agenda.  Should be an interesting meeting.

Public Works installed a crosswalk on Hurst Creek at the City Park and markers on delineating the walking path to the lower level.

Austin Electric finally installed a new electric meter for the city for  the entrance lights this week.  Lights should be back on.

From the Chief:
LPD Officers conducted 291 traffic stops, responded to 10 alarm calls, responded to 20 animal calls, responded to 13 collisions, answered 30 suspicious circumstances calls, completed 2 mental health calls, and handled 138 other types of calls for service for a total of 504.

Routine traffic stops resulted in the following charges; Out of Jurisdiction Warrant X 1, Lakeway Warrants X 1, Possession of a Controlled Substance X 1, Possession of Marijuana X 1, and Possession of Drug Paraphernalia X 1.

Officers responded to a Rough Hollow address in reference to a disturbance call. Upon arrival, officers learned a subject had been assaulted by the spouse.  After investigation of the case, officers arrested the spouse for assault family violence and transported the arrestee to the Travis County Jail. 

Officers responded to a RR 620 S. Pharmacy in reference to a disturbance call. Upon arrival, officers learned a subject in the drive through line became angry with an employee of the pharmacy. Apparently, the worker slid open the window to hand the subject a clipboard to have them sign a document. The subject became more incensed at the information on the clipboard and threw it back at the worker, striking her in the face and causing injury. Detectives are investigating this case and assault charges are pending. 

Officers responded to a Serine Hills Drive apartment complex in reference to a disturbance call. Officers arrived to find a subject had been assaulted by a friend. After investigation, officers found the subject/victim had been hit in the face and pushed into a wall. The friend/suspect was arrested for assault family violence and transported to the Travis County Jail. 

Detectives are investigating an alleged deadly conduct case at a residence located on Lakeway Hills Cove. A home was damaged by a tenant who had shot holes in the walls of the house.  Detectives have the firearm that was used and have been in touch with the tenant, charges are pending in this case. 

Detectives are working with Travis County Detectives regarding the recovery of stolen property. Deputies recovered the firearm and identified a suspect in the case. The firearm was originally stolen in a burglary in Lakeway. 

The DEA Drug Takeback program is scheduled for Saturday, April 28, 2018, from 10 am. - 2 pm. at the Justice Center at 104 Cross Creek.  

Week ten of the Citizen’s Police Academy was the always-popular tour of the Travis County Jail. Participants were given a firsthand look at the booking facility and an inmate housing area in downtown Austin. Laura Rodriquez, Lt. Gavit and Sgt. Fisher helped make the students welcome at the jail.
That's all for now.  If you would like to be added to the blog, send a note to and I'll get it done.

Joe Bain