Friday, May 25, 2018

Lake Levels, Council, Election Lawsuits, Memorial Day Service and Police Report!

Another week is done - first blog as a non-elected official.  It's been a frustrating week - internet, tv and phone were out starting last Thursday until Tuesday this week.  I think we went through withdrawal!  I did find out you can get 15 channels over the air in Lakeway, most with HD - go figure.

We did get about .6 inch of rain during the last week but we need more.  The lake is dropping about a foot a week, a lot of evaporation with the hot temperatures and LCRA is sending some water downstream.  Current level is 665.73 and last week it was 666.55.  Full pool is 681 so we are about 16 feet down.  This is about 4 feet below average for this time of year - not too bad.
Council met in regular session Monday evening.  Here is that agenda.  The Oath of Office was administered to Council Members Steve Smith and Keith Trecker bu Judge Madison.  Jim Powell was replaced on the dias by Steve Smith.  I have worked with Mr. Powell for both of his terms and have found him to be an outstanding representative.  He is the epitome of a public servant, he worked diligently to make sure the city was well represented - thank you so much for your work!

Judge Madison then swore in Mayor Elect Sandy cox - she is now Mayor Sandy Cox and took her position at the dias.  

The Police Station is on time and on budget - it's starting to look like a building.

A SUP was granted to Lake Travis Middle School to place 3 portable buildings to house students until the new middle school by the bus barn is completed.

Item 7 Short Term Rentals was tabled until corrections could be made.

Flint Rock Trace was vacated per a request from the Overlook at Lakeway.

Mayor Cox requested a work session to discus city committees and commissions.  Here is that agenda. 

Item 10 appointed Ron Massa and Keith Trecker to the Comprehensive Plan Committee.  If ZAPCO will appoint their two members, those four plus the city manager will appoint the five citizen members.

Item 11 was an update from Devin Monk on the Engagement Committee but he was delayed and was unable to attend.  This will be discussed at the work shop next Thursday.

Item 13 was also tabled because of the upcoming work shop.

Item 14 was a discussion in Executive Session about the Bojorquez Law Firm and election issues.  Council voted to accept his resignation as City Attorney.  A RFQ will be sent out shortly for that position.
My guess is the big interest is the election lawsuits.  The TRO that was filed last week has been "nonsuited" (A broad term for any of several ways to terminate a legal action without an actual determination of the controversy on the merits. For instance, a judgment of nonsuit may be granted against a plaintiff who either fails to pursue, or abandons, the action.)  It's done.

In its place is a Writ of Mandamus filed by Ms. McMillan against the city and Mayor Cox.  Here is that petition.  The city has retained legal council and will fight this petition.  I am not a lawyer but here is a synopsis:

McMillan wants to force the city to hold a runoff election for the mayors race.  Council tried to address the issues in a special meeting held on April 23, 2018 - here is a link to that meeting.  Secretary of State provided the city with what they considered a good path forward, this included PAUSING the section of the 2014 Charter changes to delay the implementation of 3 year terms on both the Council and Mayors race until changes could be made to implement "places" in the council race.  This is what caused all the term changes.  Although no one was really happy, the council voted unanimously to go with this plan because it would put the city in the most favorable position with the courts since the SOS recommended it.

It's now before the court again.  I expect we will get some ruling in the next week or so.

Today Lakeway held it's annual Memorial Day Service at the Emmaus Catholic Church.  This is a wonderful opportunity to thank the soldiers that made our country what it is today.  We would not have the freedoms and life we enjoy if the brave men and women would not have stepped up and sacrificed for our liberties.  Thank you to all of our veterans!

Bryan Degner

Placing of the Wreath
The Guest Speaker was Bryan Degner, Director of Education, National Museum of the Pacific War, Fredericksburg, TX.  His comments and speech were very moving and were appreciated by all in attendance.  

Color Guard - Lakeway Police
The Wreath was placed by Nancy Forage, Vice Regent, Lohmann's Ford Chapter NSDAR and Mike Olsen of the Lakeway Police Department - out thanks go out to the Lakeway Police, Lohmans Ford NSDAR, Sing Alongs, Standing Military Committee and the Emmaus Church for making this possible.  Thanks also to Major General Rod Kelly, (R) for his and the Standing Military Committee's efforts to make this event very special!

From the Chief:
LPD Officers conducted 239 traffic stops, responded to 11 alarm calls, responded to 27 animal calls, responded to 10 collisions, answered 19 suspicious circumstances calls, completed 1 mental health calls, and handled 147 other types of calls for service for a total of 454.

Routine traffic stops resulted in the following charges; Open Container X 1, and Possession of Drug Paraphernalia X 3.

Officers responded to the lobby of the police department in reference to a theft report. A subject advised that they had taken their vehicle to a local dealership for repairs. When they picked up their vehicle, they noticed several items missing from the vehicle. This case has been forwarded to CID for investigation.

Officers responded to a Lakeway Dr. hotel in reference to a disturbance. Upon arrival officers learned that a verbal argument had taken place in the room leased by a couple. Both parties were interviewed and it was determined that no offense had occurred. Both subjects had been drinking and the hotel management wished them to leave. A friend was contacted and came to the scene, taking custody of both persons. No charges were filed in this case. 

Sgt. Brown provided an Identity Theft Prevention for Elderly Individuals presentation at the Laura Bush Community Library during an event hosted by the Austin Senior Resource Alliance. The goal of the community outreach event was to help senior citizens prevent and/or identify threats of identity theft and other financial based crimes. 

Our detectives have been providing orientation training to Det. Roman Pena who was recently assigned to the unit. Det. Pena will complete a transitional style “field training program”, which will provide him with instruction and evaluation of basic investigative technique and processes. 

During this Memorial Day weekend we will have our full staffing levels in effect. We are participating with area law enforcement along with DPS in a task force focused on traffic safety. Please be mindful of the extra patrols. Remember to slow down when approaching a police unit that is out on a stop and when possible vacate the travel lane to allow them safer space. Be safe, be well and enjoy this holiday weekend! 

That's all I've got right now, more coming soon.  If you want to be added (or removed) from my email list, send a note to and I'll get it done.  

Thanks for all the continued support - it is appreciated!

Joe Bain

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