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Commissioners Approve Appeal
Wednesday, October 24, 2012 • Posted October 29, 2012

Commissioners and Judge Wayne Brascom considered an appeal brought forth by CNX Corporation, represented by attorney Randall Robinson. Robinson told the Court that the trouble started when a tree branch fell on a home that CNX had recently purchased, and caused damage to the roof, siding and HVAC unit.

Repairs were done, and cost approximately $12,000. At the time of repairs, the contractors were asked if a permit was needed and according to Robinson, they said no. After repairs were done, Llano County red tagged the property, because a permit was needed, and was not obtained prior to repairs.

Robinson said that after researching the issue, his client realized that he was at fault for not getting a permit, and agreed to pay the fine and get a permit retroactively for the project. Llano County Department of Environmental & Emergency Services Director Ron Moore denied the request, citing guidelines put forth by the Court, that prohibited obtaining a permit after the fact, and also cited that repairs exceeding fifty percent of the market value would prohibit the County from issuing the permit.

According to the flood plain guidelines, a structure built prior to 1991 would be grandfathered in, however, any repairs or remodeling exceeding fifty percent of the value of the structure would mean that the homeowner would then be required to bring the structure up to code with the new flood plain guidelines.

The structure owned by CNX Corp was valued at a little over $30,000, according to tax rolls in 2011. Moore told the Court that the valuation must be taken prior to the damage.

Robinson countered that his client had purchased the property at fair market value, which he said was well above the $30,000. In July of 2012, CNX appealed the Llano County appraisal, and the home was appraised at a little over $81,000. With repairs of just $12,000, Robinson said that the fifty percent rule was not met, and therefore the structure should be permitted, and cleared.

Llano County Attorney Cheryll Mabray spoke in favor of approving the appeal, suggesting that the flood plain language was too ambiguous and needed to be clarified.

After deliberating, and citing that the footprint of the building did not change, and the repairs were confirmed to not have exceeded the fifty percent rule, the Court approved the appeal.

Commissioners considered an Order by Resolution to make the discharging of firearms illegal on tracts of land less than 10 acres within platted subdivisions.

According the Cheryll Mabray, the measure, which is pursuant to the Texas Local Government Code, Section 235, had already put in place in 2009, but was not done by a resolution. Protesters of the action spoke against prohibiting target shooting, but agreed that hunting should be outlawed on tracts under 10 acres.

Judge Brascom informed attendees that the law is complaint based and that law enforcement would rely upon citizens to report violators.

Because the matter was just a follow up to a previous action by the Court, it was approved unanimously.

Council approved a bond for Deputy Sheriff Calborne Leonard Perry Jr., and tabled items concerning the Burn Ban as well as an item relating to a memorandum of understanding with the City of Llano.

The City of Llano has dedicated $15,000 to help the county offset budget shortfalls for the Llano County Library in Llano, but is requesting a stipulation that should they commit the funds, the County must guarantee that the library remain open five and a half days a week. Commissioners wanted more time to consider the MOU.

Commissioners approved a new resolution that redefines the guidelines for the HOT grant process, as well as approving a cap of $750 per employee for medical reimbursement. The funds can be used to help pay copays.

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