Bee Cave August Sales Tax

Good News:  Sales tax revenues  in Bee Cave remain on an upward climb despite the tough economy.

Sales Tax

2010 Net Amount:                           $531,581.06

2009 Net Amount                            $480,017.75

Up almost 11%
Bee Cave City Councilman Bob Dorsett, Jr.

Bee Cave – July Sale Tax Revenue

Net payment:    July 2010 –           $509,900.27                        (Net payment is the amount we received, which includes future paid & audit paid)

July 2009 –           $430,184.93

Increase               $  79,715.34         15.6%

Current paid:     July 2010 –           $482,497.55                        (Current paid is the actual amount of sales tax paid by retailers for the period (May).

July 2009 –           $437,489.19

Increase –            $  45,008.36         9.3%

With this sales tax allocation, we are currently up approximately 7% over projected for the fiscal year.

Premise- Houston, Texas – Falling deer blind – $211,618 verdict

A Harris County jury rendered a verdict in the amount of $211,618 on May 12, 2010 for a man who was injured transporting a deer stand.  The Plaintiff was walking past a piece of property when the Defendant asked him to assist in unloading a 16 foot blind.  Apparently, the blind fell on Plaintiff while the two attempted to move and Plaintiff sued for a break to his femur in three places, a 90% torn right ACL and a torn right meniscus.  In addition to claiming the stand was moved in an unsafe manner, Plaintiff claimed that the Defendant acted unsafely, caused the stand to fall and failed to warn of the falling stand.   The defense argued that Plaintiff contributed to the fall and that the Defendant did say he was losing his grip.

Collision- Houston, Texas- Broadside – $24,849 verdict

Plaintiff was injured in a collision when the Defendant pulled out from a private drive causing the collision.  Plaintiff endured soft tissue damages only and sought 16 chiropractic treatments totaling $20,000.00.  The defense stipulated to liability at trial claiming that Plaintiff’s injuries were less severe than claimed by Plaintiff.  On May 11, 2010 the jury  in Harris County Court-at-Law rendered verdict in the amount of $24,849.00.

Collision- Houston, Texas- fall in truck bed- $1.5 million verdict

A man was awarded 1.5 million in damages after sustaining a fall in a flatbed pickup truck.   The plaintiff was unloading materials from the truck when a “yard mule” collided with the pickup causing Plaintiff to fall.  He claimed two cervical disk herniations and underwent a two-level fusion and obtained a recommendation for lumbar surgery.   The defense argued that Plaintiff was partially responsible because his vehicle was parked in an intersection and that the injury was minor and could not have caused the extensive injuries.   The jury rendered the verdict in Harris County District Court on May 11, 2010.

Bee Cave City Council Meeting – June 22, 2010

1) Perhaps of most importance, the City’s tax revenue is just under 5% above the forecast revenue.    Monthly tax revenues continue to climb, but June is typically a slow month.  The May, 2010 results were up significantly from the May, 2009 tax revenue.

2) Nathan Smith from Falconhead West was appointed to the Planning and Zoning Commission for the two year term following the Mayor’s term.  Nathan Smith and Patrick Flores (both from Falconhead West) were present at the meeting to discuss their skills and reasons for applying.  Both candidates are very qualified and will hopefully both ultimately play a role in the City.

3) The Highway 71 and Hamilton Pool Road revisions are approximately 95% complete.  All re-striping is complete and all the lanes are open.  The Bee Cave Police Department has ceased daily maintenance of the lights.  Of note, the right hand turn lane from Hamilton Pool Road to Highway 71 eastbound is no longer an automatic feed, but is now a yield lane.

4)  I will be assisting the staff in the selection and appointment of the new Municipal Court Judge.

5)  The Bee Cave City Park was formally accepted and all retainage released for payment to the contractor.  The primary remaining issue is a small tract of native grass that the contractor is working on.

6)  The Falconhead West trail system took another step forward in this meeting with the approval of the parking lot, restroom and gated entry way to the park.  In short order, it is expected that the City will begin grooming and adding signage to the trails.  The main trail will be approximately 3.5 miles in length with multiple native creek crossings.

7)  The Council disapproved a sign variance for Southwest Cycle Sport located in front of the Uplands on Bee Cave Road.  The Planning and Zoning commission previously approved a 30 foot sign variance which the Council agreed with.  I personally disagreed with the denial because Southwest Cycle recently moved its store from down Bee Cave Road and only wanted to use the same sign they used at their old location.  This variance request is distinguished from other ordinary requests because the purpose for moving was to increase their store’s visibility and to remain in business in Bee Cave.   The bike shop has been within the City Limits for over 5 years.   It was my position that this was an opportunity to help a local company who needed the Council’s  assistance.

8)  Only moments later the Council approved a variance for a company logo for Decorum Home and Design in the Shops at the Gallleria.

9)  The Council approved a detention pond for the 56 acre tract adjacent to Falconhead West.  As a condition of the approval, the maintenance of the pond must be a requirement within the property owners’ association as to all 7 lots.

City Councilman Bob Dorsett

Cottages at Spillman Ridge

I have been fielding calls recently regarding the construction at the front of Falconhead and determined to prepare a memo for Southwest Management to distribute.   The developer of the “Cottages at Spillman Ridge” has started preparing the land for construction of approximately 50  single family houses.  This “sub-community” of Falconhead is designed for entry level families (first time buyers) and retirees.  The houses will have tile roofs like the rest of Falconhead, but will be smaller than the average Falconhead home with square footage between 1800-2500 square feet.  On a very high point, the project developer, Ash Creek Homes (Scott Morledge), designed the homes to be built under the existing trees with the intention of keeping the vast majority of the native oaks.  Finally, the Spillman-Beck cemetery will remain in place.  Feel free to give me a call if you want to discuss further.

Bob Dorsett

Collision-Dallas, Texas- Red Light – $28,076 Verdict

Plaintiff was a passenger in a vehicle that was struck by Defendant after, according to the jury, the Defendant ran a red light causing the collision.  After impact the Plaintiff struck her head on the side window and was knocked unconscious.  She sought treatment from a chiropractor for 10 weeks but continued suffering post-tension headaches thereafter.   The Dallas County jury rendered verdict on March 9, 2010.

Collision-Houston, Texas-Rear-End- $78,354.00 verdict

Plaintiff was rear-ended while stopped at a red light.  Although she initially complained of pain to her neck and back pain, four months later she complained of knee pains.  The Plaintiff’s expert suggested that the accident ultimately led to a complete knee replacement.  The defense expert argued that the knee injury was due to a pre-existing condition.   On April 16, 2010, the Harris County jury awarded Plaintiff $78,354.00.   Based on the low verdict, it appears the jury did not fully agree with the causation or pain and suffering issues as I highly doubt this is all Plaintiff sought.