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Minutes of the CITY COUNCIL December 6, 2005
The Council of the Village of Horseshoe Bay held a Public Meeting at the Business Office of Lake LBJ Municipal Utility District, located at #1 Community Drive, Horseshoe Bay, Llano County, Texas, December 6, 2005, in accordance with duly posted notice of said meeting. Mayor Lambert called the meeting to order at 3:04 p.m. with a quorum of Council Members present as follows:
Robert W. Lambert, Mayor
James E. Babcock, Secretary
Donald B. Wood, Alderman
Karen Wines, Alderwoman
Vernon E. Schrader, AldermanAlderman John Bird was absent.
1. Call to Order and Establish a Quorum: Alderwoman Wines led the invocation. Mayor Lambert led the pledge of allegiance to the United States Flag and the Texas Flag and then called the meeting to order at 3:04 p.m. A quorum was established with five (5) Council Members present. Councilman John Bird was absent when the meeting was called to order due to a death in the family but later joined the meeting.
2. Comments from Mayor: Mayor Lambert welcomed all visitors to the third meeting of the Council. He stated that the Council addressed twenty-seven (27) agenda items at the workshop held on November 29, 2005, and has made considerable progress on most of them. He then invited the guests to speak on any agenda item and asked that they sign in and note the specific agenda item to be addressed.
3. Comments from Aldermen: There were no comments from the Aldermen.
4. Public Comments: There were no Public Comments.
5. Items to be Removed from Consent Agenda: Mayor Lambert discussed the process for the consent agenda and then asked that Item 6.e. be removed from the Consent Agenda for further discussion.
6.e. Appoint Alderman Schrader as Public Information Officer: Mayor Lambert thanked Alderman Schrader for preparing an article for the newspapers following the workshop last week, stating that it was very timely and efficiently covered the meeting and that it is important that this be done in order to keep the citizens aware of the progress of the Council. He then asked Alderman Schrader to explain the recommended procedures for future articles for the newspapers. Alderman Schrader asked that in the future the Council members would each write a statement for him prior to each meeting on any items they would be discussing in the meeting so that he could prepare the report after the meeting, get it typed and reviewed by Mayor Lambert the next morning, and submitted to the newspapers by noon Wednesday to meet the deadline for the next issue. Mayor Lambert recommended a motion to appoint Alderman Schrader as the Public Information Officer. Alderman Wood made the motion, and Alderman Babcock seconded the motion. The motion carried by unanimous vote (4-0).
6. Consent Agenda: Alderman Babcock made a motion to approve the following consent agenda items as submitted:
a. Approve Minutes of the November 22, 2005 and November 29, 2005 meetings;
b. Approve Resolutions Honoring Wayne Hurd and Norman Hurd.;
c. Adopt Fiscal Year of October 1 thru September 30;
d. Adopt Expense Reimbursement and Meeting Policy;
f. Adopt Robert’s Rules of Order.
Alderwoman Wines seconded the motion. The motion carried by unanimous vote (4-0).7. Naming of a New Road that is a Portion of Island Drive: Mayor Lambert introduced Annette Durham, Llano County 911 Coordinator, who addressed the Council concerning the need to rename a portion of Island Drive. Ms. Durham handed out an aerial map of the subject area explaining that there is no range between Island Drive and Horseshoe Bay Blvd. for 911 addressing of the new developments. She recommended naming that portion of the road Palmera which is the name recommended by the developer. This process has previously been approved by the County Commissioners but is now required to be approved by the City. She also noted she is the contact person to coordinate any new street names in the future to make sure there is no duplication of names. Alderman Schrader made a motion to approve naming the subject road Palmera. Alderman Wood seconded the motion. The motion carried by unanimous vote (4-0).
8. Appointment of City Secretary: Mayor Lambert reported that Alderman Babcock had initially been appointed as the City Secretary and that he has done an admirable job over the past weeks. However, as part of the Interlocal Operating Agreement with the Lake LBJ Municipal Utility District, an employee of the District would be recruited to serve as City Secretary. He stated that Toni Vanderburg, Administration Manager for the District, had been working very closely with the Council and recommended that she be appointed as the City Secretary. Secretary Babcock made a motion to appoint Toni Vanderburg as the City Secretary. Alderman Wood seconded the motion. The motion carried by unanimous vote (4-0).
9. Engage City Attorney: Mayor Lambert explained that the normal process for engaging a City Attorney would be a formal solicitation and evaluation process that would take several months. However, the City needs immediate legal assistance; therefore, a firm should be engaged on an interim basis with a more formal process pursued in the future. The Council has been fortunate to be associated with the firm of Bovey, Akers and Bojorquez on an interim basis and the firm has presented the City with a proposed contract. Mayor Lambert introduced Monte Akers, one of the principals of the firm, and a former member of the Texas Municipal League. Alderman Wood made a motion to engage the firm of Bovey, Akers and Bojorquez as the City Attorney, with Monte Akers as the lead attorney, on an interim basis until such time as a more formal process can be initiated. Alderman Schrader seconded the motion. The motion carried by unanimous vote (4-0).
10. Purchase of Errors and Omissions Insurance: Mayor Lambert reported that a quote was received from Texas Municipal League (TML) for Errors and Omissions coverage noting that Lake LBJ MUD has $5 million coverage while Horseshoe Bay POA has $1 million coverage. He also stated that even though City Officials are covered by State Law, it is important to have additional coverage. After some discussion, Alderman Schrader made a motion to approve purchasing $5 million Errors and Omissions coverage from TML with a $1,000 deductible and payments to be made quarterly. Alderman Wood seconded the motion. The motion carried by unanimous vote (4-0).
11. Name Change to City of Horseshoe Bay: Mayor Lambert opened discussion on changing the name of the Village of Horseshoe Bay to the City of Horseshoe Bay, stating that the name change seemed to be a non-issue with the citizens he had spoken to concerning the change. Alderman Wood stated that he favored the name change to the City. Alderman Schrader concurred, noting that Mr. Wayne Hurd supports the change. Monte Akers recommended adopting an ordinance to adopt the name change. Alderman Wood made a motion to adopt a resolution to change the name of the Village of Horseshoe Bay to the City of Horseshoe Bay. Alderman Schrader seconded the motion. The motion carried by unanimous vote (4-0).
12. Hotel Occupancy Tax: Mayor Lambert noted there would be no action taken at this meeting but possible action would be taken at the December 20, 2005, meeting. He thanked Ms. Wines for her hard work on this project and stated she is finishing up an article to be published this week in order for the community to have the facts. Ms. Wines stated the State already charges a 6% tax. The maximum the City can charge is 7% and she recommends charging the full amount. Most cities have the tax and the majority charge the maximum of 7%. The money must be spent to promote tourism within the City and there are six (6) specific items it can be spent on. She has met with the manager of the Marriott to discuss the tax and hopes for input from both the Marriott and citizens on how to spend the money. Ms. Wines said the City can pass the tax without any outside approval from any State agency. Mayor Lambert stated this item will be on the December 20, 2005, agenda and an article will be published in the newspaper to encourage input from citizens. It was also noted the tax can be approved now but not be implemented until a later day. No action was taken.
Alderman John Bird joined the meeting at this time.
13. Hotel Occupancy Tax Usage Committee: No action was taken.
14. Process to Review Requests to Change Plats: Commissioner Wayne Brascom reported that he met with John Bird to discuss the current procedures the County uses to approve plats. Mr. Brascom has also spoken with the Llano County 911 Coordinator, the Flood Plain Administrator and the County Surveyor concerning implementing a new procedure for the City. The County officials suggest continuing with the County’s approval process, with the City having final approval. Mr. Brascom suggested the Council adopt subdivision regulations and designate a member as a point contact. A resolution is being drafted to adopt the procedures on how the City will approve the replats. The Council agreed to proceed with the County checklist for any pending re-plats with final approval by the Council. The City will notify area Surveyors of the new procedures to obtain approval. The Council also discussed the options of engaging a City Surveyor and contracting with the County for those services. No action was taken. This item will be on the December 20, 2005, agenda.
15. Building Permits, Codes and Other Construction Related Issues: Commissioner Brascom handed out a copy of an Interlocal Agreement for onsite sewage facilities and suggested the City consider entering into an Agreement with the County to continue to perform the Septic Inspections for a fee until such time when the City could assume that responsibility. He also reported the County has two (2) different types of building permits and recommended entering into an Interlocal Agreement for the County to continue the Non-Flood Plain and Flood Plain Development Permits until the City has someone licensed to issue these. The fees are $50 for the Non-Flood Plain permit and $100 for multi-family and commercial. Further discussion of the permitting process, the 911 addressing process, and the need for the City to adopt building permit ordinances followed. No action was taken.
16. Timing for Future Village Elections: Mayor Lambert opened discussion stating that the two (2) options for election cycles are May and November. Councilmembers noted that the November date more closely coincides with the fiscal year and is a more convenient time for the community. Monte Akers noted the City will need to get preclearance approval from the Federal Department of Justice prior to the first election. Alderman Wood made a motion to establish the official State election date of November as the election date for the City of Horseshoe Bay. Alderwoman Wines seconded the motion. The motion carried by unanimous vote (5-0).
17. Process to Develop a Comprehensive Development Plan: Alderman Babcock stated that prior to adopting any ordinances on land use planning, the City must adopt a Comprehensive Development Plan. No action was taken. This will be an item on the December 20, 2005, agenda.
Regular Meeting Adjourned to Executive Session at 4:25 p.m.
18. Executive Session: At 4:25 p.m., Mayor Lambert announced that the Council would go into Executive Session to discuss legal matters under Section 551.074 of the Texas Open Meetings Act and to seek advice from its attorney pursuant to Section 551.071 of the Texas Open Meetings Act to discuss matters in which the duty of the attorney to the Council under the attorney’s ethics rule clearly conflict with the Open Meetings Act.
Executive Session Adjourned at 5:55 p.m.
Regular Meeting Resumed: At 6:00 p.m., the Council reconvened and Mayor Lambert announced that no decisions or votes had been taken.
19. Action Required on Items Discussed in Executive Session: After some discussion of the Strategic Partnership Agreement and the merger with the District, Alderman Wines made a motion to appoint Mayor Lambert and Alderman Wood to the committee to represent the City at a meeting with the committee from Lake LBJ MUD to proceed to finalize the Agreement. Alderman Schrader seconded the motion. The motion carried by unanimous vote (5-0).
20. Adjournment: There being no further business, a motion was made and seconded to adjourn the meeting. The meeting was adjourned by unanimous vote at 6:03 p.m.
APPROVED this 20th day of December, 2005.
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Robert W. Lambert, MayorATTEST:
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Toni Vanderburg, City Secretary
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