Thursday, April 20, 2017

Pay it Forward, Mid-week Update - SB 451, Short Term Rental, Magistrate Recommendation


The Police had a visit from a special visitor a few days ago.  One of our residents celebrating her 9th birthday decided she wanted to "pay it forward"!  Emmerson and her friends in lieu of gifts and a traditional party made cupcakes and delivered them to the Lakeway Police Department plus delivered items to Dell Children Hospital, Austin Pets Alive and Lake Travis Fire and Rescue.

I thought you might enjoy this video of their arrival at the Police Department.

If your on facebook, here's a link you can view and share!

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The Texas Senate passed SB 451 (Short Term Rental) after working through many attempts form areas to exclude their districts.  I had sent letters to all the committee members and had talked directly to Senator Buckingham (co-sponsor) about the significant detrimental effect this would have on the Short Term Rental ordinance we worked nearly two years on and passed last year.  This bill if passed will basically open up our community to Short Term Rentals with no City restriction allowed.

The House has a companion bill - HB 2551 that is still in committee.  I went to the Capitol yesterday to speak against this companion bill - the hearing was scheduled for 10:30 a.m. or when the house adjourned.  After making online comments (only available from kiosks at the Capitol) and waiting for the House to adjourn, I finally gave up and returned to Lakeway.


I was able to watch the online video - the committee testimony did not start until after 5 p.m.  Most testimony was against the bill.  I have also spoken to Paul Workman about my feelings on this issue to no avail, although I'm not sure his mind is made up.

I would suggest you contact Representative Paul Workman and tell him you are opposed to the bill:

State Representative Paul Workman
Post Office Box 2910
Austin, Texas 78768


(512) 463-0652

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On another subject, there has been some erroneous information distributed about a lawsuit against the City and  "named" defendants including former Mayor Dave DeOme and Council Member Ron Massa.  The Chairman of ZAPCO signs plats after ZAPCO votes on them and passes them - they then go to Council and the Mayor signs off on the plats after a Council Vote.  We have minutes of both meetings.  They have also named City manager Steve Jones, former BDS Director Troy Anderson, HDR Engineering and 5 "John Doe's"

Here is a link to the latest Magistrate's Order.  Here is an excerpt from page 30:

V. RECOMMENDATIONS AND ORDERS
The undersigned RECOMMENDS that the City of Lakeway’s Motion to Dismiss be
GRANTED and that Cherry Knoll’s claims against the City be DISMISSED WITHOUT
PREJUDICE. The undersigned FURTHER RECOMMENDS that the City Officials’ Motion
to Dismiss Based on Qualified Immunity [Dkt. #11] be GRANTED and that Cherry Knoll’s
claims against the City Official Defendants be DISMISSED WITHOUT PREJUDICE.
Finally, the undersigned DENIES Cherry Knoll’s Motion to Disqualify [Dkt. #26] and

Defendants’ Motion for Sanctions [Dkt. #20].

The way this works is the Magistrate recommends this to the Judge and the Judge will have to act on it.  We are in a holding pattern at this time.

The last public Town Hall on the proposed Police Station Bond will be this evening at the Activity Center starting at 6:30.  Please come out and see the proposal and get your questions answered!

Joe Bain
lakeway@bain.us

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