MINUTES OF DEERHAVEN WCID MEETING
Friday, September 7, 2012 at 4:00 P.M.– Blue Lake Clubhouse
A special meeting of the Board of Directors of the Deerhaven Water Control and Improvement District was held on the 7th day of September 2012 at 4:00 p.m., at the Blue Lake Clubhouse, 214 W. Bluebonnet Road, Horseshoe Bay, Llano County, Texas. Notices of the time, place and the subject of the meeting, and the actions to be taken at the meeting, were posted at the places and for the time required by the laws of the State of Texas.
IN ATTENDANCE:
Joe Becraft
Jeff Rudenstein
Milton Dietert
James Maughan
Mary Armagost – acting secretary
Director Hendricks was unable to attend.
Also in attendance was Tom Armagost.
Director Becraft called the meeting to order at 4:00 P.M. with a quorum of directors present, as indicated above.
1. The first order of business was to approve the minutes from the July 27, 2012 Board meeting. A motion was made by Director Rudenstein and seconded by Director Maughan to approve the minutes. The motion carried unanimously.
Director Becraft called for a recess in the meeting at 4:05 p.m. for a Public Hearing on the proposed tax rate of 14 ½ cents per $100 valuation for the 2012 tax year. No person appeared to speak in favor of the proposed tax rate and no person appeared to speak against the proposed tax rate. Director Becraft closed the hearing at 4:06 p.m.
2. The next order of business was to discuss and adopt resolution 07-0912-01 approving the budget for Fiscal Year 2013. A motion was made by Director Rudenstein and seconded by Director Dietert approving Budget Resolution 07-0912-01. The motion carried unanimously. A copy of the resolution and budget approved by the Board is attached to these minutes.
3. The next order of business was to Adopt Order Levying Taxes for 2012 tax year in the amount of 14 ½ cents per $100 valuation. A motion was made by Director Dietert and seconded by Director Rudenstein to adopt this order. The motion carried unanimously. A copy of the Order approved by the Board is attached to these minutes.
4. The next order of business was to approve payment of invoices and bills. The only invoice needing approval was to Attorney Corbett in the amount of $1,282.50. A motion was made by Director Dietert and seconded by Director Rudenstein authorizing payment of this invoice. The motion carried unanimously.
5. The next order of business was discussion/action concerning Horseshoe Bay water supply contract. Director Rudenstein had attended the Horseshoe Bay Council meeting and reported that Jeff Koskas reported to the Council our progress in regards to our pipeline improvements and that we are on track for the Bond Election and we would continue to buy raw water from Horseshoe Bay until we can arrange for a contract with the LCRA. Stan Farmer also spoke in favor of it. The Council approved it; however the Board will need to meet with Stan to find out the effective date. We also need to be in touch with our operator. The signed contract has not been received as of this date.
6. The next order of business was to review and approve the 2013 Horseshoe Bay proposed fire protection charges and contract. It was noted that this contract increased by $2,700, which is a 8.1% increase from the previous year and included a Capital depreciation item. Director Becraft felt that any material adverse changes in the special conditions applicable to Deerhaven from the previous agreement should be shared with the POA. After a lengthy discussion a motion was made by Director Maughan and seconded by Director Rudenstein to approve the charges received from Horseshoe Bay and the contract and authorized Director Becraft to sign the contract when received; however if the agreement does contain material adverse changes, and this authorization becomes null and void, and will be addressed at a subsequent meeting. The motion carried unanimously. Director Becraft informed the Board that Director Ralph Hendricks is to attend the POA meeting to review items Horseshoe Bay Fire Department feels need to be addressed in the community, lot clearing, removal of dead cedars, etc.
7. The next order of business was to discuss/approve actions to be taken on agreement with water system operator. Director Dietert reported that he had emailed them in advance that this was going before the City Council. When he didn’t hear back from him he emailed him again and asked two questions: 1) Review the contract since it’s been almost a year since we worked on it to see of they have any changes to it, 2) How long will it take them to gear up so we know when to make the contract effective. Director Dietert stated that he emailed him again and was told they had just purchased a water system around Burnet and they were busy working on it and he hasn’t heard from them since.
8. Discuss/approve actions and set date for “town hall meeting” on water system upgrade and election.
The Board set the Town Hall meeting for October 20, 2012, at 10 a.m. at the Blue Lake Clubhouse.
At this time David Mendez, Bond Council, joined the meeting to address all items pertaining to the upcoming election and suggested that the “town hall meeting” be the first item to be discussed. He stated that the basic rules that apply to a political subdivision are as follows:
1. You may not use public resources to advocate for or against passage of a measure. There is a “safe harbor” where you can act as long as you are educating the voters on the purpose or
intention of the election is: “These are the facts, this is a list of the things we need to fix, the engineer has come up with this estimate as to what it will cost, we’ve called an election to get
your opinion as to whether you are going to let us proceed or not”. Attorney Mendez also stated that it is okay to have the engineer present as long as he gives facts on the project only.
2. Notice of the meeting is to be sent to all registered voters and homeowners by October 1, however only registered voters in Llano County will be allowed to vote on the project.
Attorney Mendez will furnish the Board with a sub note in Spanish to be added to the notice; they can contact him for additional information.
3. The next order of business was approving such other actions as may be necessary to proceed with the November 6, 2012 election.
a. Notices of election to be posted in regular posting places 21 days prior to the election and Attorney Mendez will post in the Llano News.
9. The next order of business was for the Board to accept the Certification of Unopposed Candidates for the November 6, 2012 Director election, as presented by Secretary Rudenstein, certifying that there were no write-in candidates. A motion was made by Director Dietert and seconded by Director Maughan to accept the Certification. The motion carried unanimously. A copy of the Certificate of Unopposed Candidates approved by the Board is attached to these minutes.
10. The next order of business was for the Board to adopt an Order of Cancellation of the Director portion of the November 6, 2012 election. A motion was made by Director Dietert and seconded by Director Maughan to adopt this Order of Cancellation. A copy of the Order of Cancellation approved by the Board is attached to these minutes.
11. Director Rudenstein will request a Registered Voters list from Llano County Elections Commission by October 1.
12. The next order of business was to adjourn. A motion was made by Director Dietert and seconded by seconded by Rudenstein to adjourn. The motion carried unanimously.
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Jeff Rudenstein, Secretary