Granite Shoals Place 6 Councilor Phil Ort could face a state jail felony charge for allegedly keying a car in the Marble Falls H-E-B parking lot in October 2021. Ort was originally charged with a Class A misdemeanor, but the charge could increase to a state jail felony if damages are determined to be over $2,500. Staff photo by Dakota Morrissiey

A misdemeanor charge against Granite Shoals Place 6 Councilor Phil Ort was recently dismissed by the Burnet County Court at Law, but he could face a state jail felony charge for allegedly keying a car in the Marble Falls H-E-B parking lot in October 2021.

The case is under review by the district attorney’s office for the 33rd and 424th Judicial District because damages to the vehicle are estimated to exceed misdemeanor levels.

“Debbie Earley asked us to review the case, and we have it for review because of the amount of damages,” District Attorney Sonny McAfee said.

Deborah Earley is the Blanco County attorney. She was brought on to prosecute Ort’s case after Burnet County Attorney Eddie Arredondo was recused due to a potential conflict of interest.

“Once I reviewed the evidence, it occurred to me that the case needed to be referred to the district attorney’s office,” Earley told DailyTrib.com.

She was brought on as a prosecutor shortly before Ort’s original hearing on Sept. 19 but asked for an extension to have more time to look over the evidence. By the time Ort’s second hearing came around on Nov. 14, she determined the damages involved could be over $2,500, which would push the charge from a Class A misdemeanor to a state jail felony.

Ort was not aware of the potential felony charge until asked about it by DailyTrib.com. He said he believed his case was over after Monday’s dismissal by the Burnet County Court at Law.

The original charge of criminal mischief was handed down in December 2021. Ort turned himself in to the Burnet County Jail after learning he was wanted in the keying of a Mercedes-Benz in the H-E-B parking lot on Oct. 20, 2021. The investigation was conducted by Marble Falls Police Sgt. Aaron Garcia, who is now the sitting mayor of Granite Shoals, the same governing body on which Ort serves.

The Class A Misdemeanor charge carried a potential fine of up to $4,000 and up to a year in jail. The state jail felony charge carries a potential fine of up to $10,000 and between 180 days and two years in jail.

The potential increase in the charge is due to a Texas state law that classifies any damages between $2,500 and $30,000 as a state jail felony. 

dakota@thepicayune.com

Billy Wall (center) in the Burnet office of attorney Eddie Shell (left), where the first settlement was announced in a civil suit filed in the Precinct 3 Justice of the Peace court that charged him with cruelty to animals. Also present is attorney Austin Shell, who is assisting on the case, which is now in criminal court. Staff photo by Dakota Morrissiey

Burnet County Precinct 3 Commissioner Billy Wall plans to turn himself in to the Llano County Sheriff’s Office either Friday or Saturday, Nov. 18 or 19, on eight charges of cruelty to livestock animals, said his attorney, Austin Shell. 

The Class A misdemeanor charges were signed Wednesday, Nov. 16, by Burnet County Precinct 3 Justice of the Peace Jane Marie Hurst and include a request of bail for $5,000 each, or a total of $40,000. Shell said Wall was planning to make bail.

Wall is not making a political statement by turning himself in to the Llano County Sheriff’s Office rather than Burnet County, Shell said.

“Llano processes faster,” he explained.

The eight charges include all 79 head of cattle seized by the Burnet County Sheriff’s Office on Sept. 8. They were grouped in sets to streamline the process of issuing warrants out of the JP’s office. 

The criminal complaint leading to the charges was filed by Burnet County Sheriff’s Deputy Jason Jewett, who wrote he had firsthand knowledge of the condition of the animals days before and during the seizure. Jewett visited the locations where the animals were being kept on Aug. 12, Aug. 31, and Sept. 5. He spoke with Wall on his first visit, telling him he would return to check on the cattle later in the month, 

Jewett also sent photos of the cattle to Professor Joe Paschal, Ph.D., at Texas A&M University. Paschal replied that “some attempt should have been made to provide for these cattle.” He determined a Body Condition Score for the cattle of either 1 or 2 for all but one animal. BCS is used to determine the fatness or condition of cattle. The numbers range from 1-9, with 1 being “very emaciated” and 9 being “obese.” 

The affidavit goes on to state that Jewett found several dead cows around empty or brackish water tanks.

“No clean water found around pens or on the property,” the affidavit reads. “Ground water tanks were all muddy and had dead cattle around. them. Even Wall stated he had five dead ones in one tank.”

He reported finding 10 skeletal remains of cows around four empty hay rings. 

Wall settled a civil case in Burnet County Court at Law on Nov. 8, agreeing to forfeit the herd to the county for sale at auction. The money would be used to pay to cover the cost of moving and caring for the cows. On Nov. 10, the herd was sold at Jordan Cattle Auction in San Saba for $45,081.08, leaving about $18,000 to be paid to the county by Wall. 

He now faces misdemeanor criminal charges, which could result in a fine of no more than $4,000 and up to one year in county jail for each of the eight charges. 

“We haven’t made a decision on whether we will see a trial or not, but we will begin preparing for trial,” Shell told DailyTrib.com. “Our position is, how law enforcement can come out and kill some of your cattle and then charge you for it? This has cost (Wall) tens of thousands of dollars. It has been blown out of proportion. It’s also worth noting, this is all political.” 

Wall is in his sixth year as a county commissioner. He was first elected in 2016. The Precinct 3 commissioner position will be on the election ballot in 2024. 

suzanne@thepicayune.com

The Granite Shoals City Council Place 5 seat was vacant during the meeting. Place 5 Councilor Eddie McCoy was not in attendance, having submitted a resignation letter on Nov. 11, which was accepted by the council during the Nov. 16 meeting. Councilors Steve Hougen (left) and Phil Ort sit on either side of the empty chair. Staff photo by Dakota Morrissiey

Granite Shoals Place 5 Councilor Eddie McCoy resigned his position, which was formalized at the City Council meeting Wednesday, Nov. 16. 

“I stepped down because of personal reasons,” McCoy told DailyTrib.com in a text after the meeting. “I didn’t feel that I was able to give enough time to the council and citizens.”

The council is also seeking to fill two empty positions on the charter review commission after resignations. The commission was formed in September and tasked with assessing and updating the city charter in time for the coming May 2023 general elections, when proposed changes will be put on the ballot. 

Applications for the council seat are due by noon Nov. 23 before city offices close for the Thanksgiving holidays on Nov. 24-25. The council plans to make an appointment at the Nov. 30 meeting.

Granite Shoals residents are welcome to apply in person at City Hall, 2221 N. Phillips Ranch Hall, or by contacting council members directly. 

For more information on the charter review process, ideas for alterations to the charter, or to apply for the empty positions, email Charter Review Commission Chairwoman Libby Edwards at charterreview@graniteshoals.org.

McCoy’s resignation is the latest in a series of personnel changes that have plagued the city over the past several months. It also maxes out the number of appointed council members allowed by city charter and delays the election by the council of a new mayor pro tem.

Recent changes to the council and city staff include: 

All of these changes have taken place since June.

Despite the recent chaos, Mayor Garcia is optimistic about the work the city is doing and the development of the council.

“(The changes) are certainly challenging,” he told DailyTrib.com. “I hope this isn’t a common occurrence. My main goal here is to do the best I can and to help move this city forward. I’m always an optimistic person. I’m always trying to find the good in things and the good in people. The only agenda I have is to help this city be successful and continue to move forward.”

Appointing a replacement for McCoy will be the last time the council can do so until the 2023 city election. According to city charter Section 3.05.6, no more than two councilors may be appointed on the same council. A special election must be held if another vacancy opens before the next general election. If the vacancy opens within 90 days of a general election, that seat will remain vacant until the election. The next general election is in May 2023.

Section 5.02 of the city charter lays out the requirements for holding a seat on the council, which includes:

• being a qualified voter at the time of the election;
• residing in the city limits for at least 12 months;
• and not being in arrears for payment of taxes or other city liabilities after 30 days’ notice.

McCoy joined the meeting over Zoom to express his thanks to the council following his accepted resignation.

“I just would like to thank everybody. I’ve enjoyed working with you all,” he told the council. “I hope to be coming to some of the council meetings, and if you ever need anything, don’t hesitate to call.”

Place 1 Councilor Ron Munos then moved to accept McCoy’s resignation.

“Mr. Mayor, I guess I reluctantly make a motion to accept Mr. McCoy’s resignation,” he said. “I think he has been a valuable member of the council and I hate to see him go, and I understand that he has to do what’s best for him.”

The council unanimously accepted McCoy’s resignation and expressed gratitude for his service.

dakota@thepicayune.com

Downtown and Marketing Manager Erin Burks gave a presentation to the Marble Falls City Council during its regular meeting Tuesday, Nov. 15, on the use of digital signs in the city to advertise events and communicate important information to residents. Staff photo by Dakota Morrissiey

The Marble Falls City Council expressed caution over the installation of permanent digital signs across the city, citing conflicts with businesses and traffic safety issues. During their regular meeting Tuesday, Nov. 15, council members requested further research on the proposal. 

The council did approve a traffic ordinance overhaul, a water and wastewater master plan update, and a contract of services for the design of a new pump station.

Marble Falls Downtown and Marketing Manager Erin Burks presented a preliminary proposal for the use of digital signs to advertise community events and communicate emergency and other important information. High-quality digital screens would be mounted on permanent fixtures and post regularly changing content.

Before a decision is made, Burks will consult with other cities that use digital signs and seek out potential locations for their placement. She told DailyTrib.com that the technology’s ultimate purpose is to improve community outreach.

“We just want to get the information to the community,” she said. “Whether it’s an emergency notice, like a boil water notice like we had during the freeze, a burn ban notice, or events going on in the community, we want to get the information in their hands as quickly as possible.”

The signs would cost about $75,000 each and be placed in strategic locations to reach as many drivers as possible, as safely as possible, Burks said. They would also match the aesthetic of downtown Marble Falls. 

Councilors Dave Rhodes and Bryan Walker voiced concerns, citing potential conflict with business owners who have been prevented from using similar signs by city ordinance. 

“I’ve been here on and off for 25 years. The single greatest, nastiest thing we talk about is signs,” Rhodes told the council. “You can’t win, you can’t make everybody happy. It goes on and on and on. Whether it’s legal or justified, that’s one thing, but business owners who we’ve told over the years that they can’t do that, then we go ahead and do it as council, is another.”

While these signs will be within city ordinance standards, the ordinances are relatively lengthy and restrictive, which has caused friction in the past with local business owners, Rhodes said.

“I don’t want to run afoul of the business community, thinking that we are competing with them or thinking, ‘these are rules for thee, not for me,’” Rhodes told DailyTrib.com after the meeting.

Mayor Richard Westerman acknowledged the councilors’ concerns but asserted that the city needs a way to quickly communicate with residents.

“It’s been a real struggle for us to get communication out there since the banner program was eliminated,” Westerman said. “I think this is a reasonable solution.”

Until 2012, the city of Marble Falls paid to be part of the Pedernales Electric Cooperative banner program, which involved PEC crews installing informative banners on co-op structures across the city. It was discontinued due to cost and safety concerns.

Burks noted she looked into banner installations and vertical signage in the city, but both of those options were costly and time consuming. Banners would be more than $1,000 each and require extensive installation time. The wait time for vertical signage can be eight weeks or more.

The council settled on requesting further research from Burks, asking her to reach out to Fredericksburg, Lockhart, and College Station, which use the proposed digital signs. Members also requested research on sign locations that would be safe and visible, reducing the risk of driver distraction.

IN OTHER BUSINESS

The council unanimously approved an overhaul to city traffic ordinances, including a drop in residential speed limits from 30 mph to 25 mph and regulating electronic scooter rental companies.

The council also approved the design of a new pump station by Trihydro Inc. for the Via Viejo Pump Station project, which will create an updated water tower capable of serving future growth around eastern Marble Falls. The project currently has no timeline, but it is expected to cost around $2.5 million.

A contracted update of the city’s Water and Wastewater Utility Master Plan by Miller-Grey LLC was also approved.

dakota@thepicayune.com

A public hearing on the permit application for the construction of a private recreational dam across the South Llano River is expected to be held in summer 2023. Staff photo by Dakota Morrissiey

A public hearing on a permit application for the construction of a private recreational dam on the South Llano River is set for the summer of 2023, according to the Llano River Watershed Alliance. The Texas Commission on Environmental Quality reportedly responded to an inquiry from the office of state Rep. Andrew Murr of District 53 after alliance officials reached out for help.

Waterstone Creek LLC is requesting a permit to build the dam, which would impound 12.02 acre-feet of water, across the south fork of the Llano River in Edwards County. Opposition to the dam swelled in June of this year when communities and counties along the river officially opposed the permit application and requested public hearings with the TCEQ.

An alliance newsletter posted on Nov. 15 contained a statement from correspondence between Murr’s office and TCEQ representatives:

“The TCEQ is planning to hold a public meeting on this application. Due to the number of contested applications we currently have pending that are in line ahead of this application, we are anticipating that the public meeting will be held in summer 2023. There will be notice of the public meeting and we will make sure to work with your office.”

The Llano River Watershed Alliance is a conservation organization dedicated to the preservation of the Llano River. An entire page of the alliance’s website is currently devoted to informing the public on the Waterstone Creek permit application and how to file a public comment with the TCEQ. 

The TCEQ is the regulating body for public water use in Texas. Approval or permitting through the organization is required for projects such as dam construction.

The watershed alliance created a petition opposing the Waterstone Creek dam application. As of Wednesday, Nov. 16, it had over 1,300 signatures.

dakota@thepicayune.com