Getting Sued for Speaking Out!!

The corporate technique of suing individuals into silence and submission has become so popular that it even carries its own cute nickname in legal circles. Such lawsuits are known in lawyer lingo as "SLAPP suits," an acronym for "strategic lawsuits against public participation." SLAPP suits achieve their objectives by forcing defendants to spend huge amounts of time and money defending themselves in court. Corporations who file SLAPPs rarely win in court yet often 'win' in the real world, achieving their political agendas by silencing public discourse and dissent. SLAPP targets who fight back seldom lose in court yet are frequently devastated and depoliticized, which in effect discourages others from speaking out--'chilled' in the parlance of First Amendment commentary.
Several residents of Kendall County have experienced (and are experiencing) this disgusting abuse of our legal system. However, residents of this county should be encouraged by a recent ruling in the Kendall County Court at Law. In a Summary Judgment, Judge Palmer ruled in favor of Kendall County residents who had be subjected to this unjust practice. This ruling should serve as an shining example to all Kendall County residents that their first amendment rights are protected, and these intimidation lawsuits will NOT prevail here.
Citizens of Kendall County, do not let anyone intimidate you, execercize you rights to free speech!

Why is Wastewater Reuse Important to Kendall County?

for a pdf copy of this article click on the following link:

http://www.boernetogether.org/Wastewater_Reuse.pdf

Water Conservation and Reuse, The Value of Wastewater

Executive Summary
The key to water conservation is reuse. Reusing water already paid for reduces overall cost. Reuse would aid in lowering peak demands and therefore would reduce the cost of providing a basic water supply.

In Boerne it would lower the demand on groundwater used for peaking, effectively increasing both quality and quantity of groundwater throughout Kendall County.

In a typical development, if 407,313,750 gallons (1,250 acre feet) of water were used, then 372,000,000 (1,141 acre feet) would be estimated as wastewater return flow. The cost of treated water from GBRA is about $750.00 an acre foot. In this case, the value of available reuse water from return flow each year would more than $850,000.

A report produced for the Guadalupe-Blanco River Authority (GBRA) exploring the concept of a building two regional wastewater facilities to serve eastern Hays County, identified significant reduction in water demand through treated effluent reuse. Most notable is the recognition that it is most beneficial where both need and source are close.

The study made a direct comparison to the State recommended strategy of using large regional plants to one that featured smaller multiple plants. Analysis showed the Multiple Plants Model provided the lowest cost per housing unit and the highest reuse.

The Boerne Master Plan notes Physical Growth/Expansion Trends. In all directions, health and safety issues dictate the need reliable and affordable wastewater service for residents within the City limits.

In 2004, an initial needs assessment was conducted for the City by HDR Engineering, Inc. The wastewater capacity required was based on the population estimates at full build out within the city limits over a 20 year planning period and was limited to the population served by the water supply of the City. The estimated capacity required was 2.5 MGD.

However, a new demand from Esperanza appears to have had significant influence in the preferred site selection for a new facility that could be expanded to 3.9 MGD. This factor must be considered when deciding who pays for this extra capacity and where to put it.

Finally, the City should take the lesson of others in the area and move away from considering the use of large, regional plants. Though they may work well in densely populated urban areas, they are not suitable for the Hill Country.

Instead, support the continued use of the Multiple Plant Model to increase both quality and quantity of both surface and groundwater throughout Kendall County.

Water Conservation and Reuse in Kendall County

The State Water Plan factors conservation into future water availability for all Texans.
Water conservation offers significant advantages to we who live in Kendall County as well. The key to water conservation is reuse.

Reusing water already paid for reduces overall cost. Reuse would aid in lowering peak demands and therefore would reduce the cost of providing a basic water supply.

In Boerne it would lower the demand on groundwater used for peaking, effectively increasing both quality and quantity of groundwater throughout Kendall County.

You Can’t Manage What Can’t Count
Usually it’s water availability that drives the news when it comes to growth. Lately, the topic has shifted to the equally important task of processing the water after it’s been used.

The basic factors used to determine the size of a Wastewater Treatment Plant (WWTP) are prescribed by the Texas Commission for Environmental Quality (TCEQ). It’s a simple worksheet called a Developers Bond Application Report Format (BARF).

These step-by-step instructions are provided to water districts as they prepare their bond application for submittal to the TCEQ. The BARF explains basic water requirements.

The common denominator is the Equivalent Single-Family Connection or ESFC. One ESFC is equal to a typical detached single-family house. Furthermore, “Unless otherwise justified by usage data or required by applicable rule, law or regulatory requirement, an ESFC is equivalent to a single-family residence with 3.0 persons.”

To get an idea of what this means to a development’s wastewater, as well as water needs, consider this TCEQ guidance: “Unless a local governmental authority requires otherwise, or unless otherwise established, an ESFC is defined as 360 Gallons Per Day (GPD) for average water usage and 300 GPD for average wastewater return flow.”

In order to account for all non-residential (commercial) connections and all multi-family residential (apartments) connections must be expressed in ESFCs using actual metered average water usage. If not yet available, projected water usages would be considered. To get this number, you could simply use the ESFC GPD factor described above.

In this case, the average return flow would be about 10,000 gallons per month of wastewater for a single-family residence. A commercial building using an average of 100,000 gallons per month of wastewater would be rated at 10 ESFCs.

As a practical example, Esperanza promises to provide all the water it will need through a Guadalupe-Blanco River Authority (GBRA) contract of 1,250 acre feet of surface water from Canyon Lake.

In simple math, this could yield 3100 ESFCs. This would seem reasonable to meet the basic needs (minus peaking) of the advertised 2,480 single family homes and leaves additional capacity for multi-family residential and commercial connections.

It also means of the 407,313,750 gallons (1,250 acre feet) used, 372,000,000 (1,141 acre feet) would be estimated as wastewater return flow. The cost of treated water from GBRA is about $750.00 an acre foot. In this case, the value of available reuse water from return flow each year would more than $850,000.

Maximizing a Re-use System
By United States Geologic Survey (USGS) definition, return flow is water that is returned to surface or ground water, after use or wastewater treatment, and thus becomes available for reuse. Return flow can go directly to surface water, directly to ground water through an injection well or infiltration bed, or indirectly to ground water through septic systems.

A key feature of the Esperanza development is the intent to save water through reuse. A report produced for the Guadalupe-Blanco River Authority (GBRA) exploring the concept of a building two regional wastewater facilities to serve eastern Hays County, identified significant reduction in water demand through treated effluent reuse. Most notable is the recognition that it is most beneficial where both need and source are close.

Perhaps more importantly, the study made a direct comparison to the State recommended strategy of using large regional plants to one that featured smaller multiple plants. In the final analysis, the Smaller Multiple Plants provided the lowest cost per housing unit, as well as highest amount of reuse.

Additionally, the potential for reuse with the Multiple Plant Model would also aid in lowering peak demands and therefore would reduce the cost of providing a basic water supply. In a conjunctive water system like that of Boerne, it would lower the demand on groundwater used for peaking, effectively increasing both quality and quantity of groundwater throughout Kendall County.

Finding a Site for a Wastewater Treatment Plant
When designing a WWTP an engineer’s best friend is gravity. More gravity means less the cost. Seen from above, creek beds are logical indicators of the gravity flow. In this case, page 2-15 of the Boerne Master Plan gives a quick view of these creek systems.

Stormwater
The rolling terrain in and around Boerne allows for quick and sudden drainage of storm water. The fallen water, pulled by gravity, runs down elevation until it reaches the extensive creek system that is located throughout Boerne. Figure 2-19 shows the extensive creek system in Boerne. All of the creeks eventually converge into Cibolo Creek.

Viewing this page presents many options for placement of a WWTP. The confluence of Brown’s Creek and Cibolo Creek is one. The drainage anywhere upstream of this confluence gives an indication of other possible locations.

Less desirable locations can be accommodated through engineering solutions such as lift stations currently used around Boerne, but this increases costs.

Meeting the Wastewater Needs of Kendall County
Throughout Kendall County, several examples of the Multiple Plant Model application already exist. Tapatio Springs Resort is one. Another is Cordillera Ranch. This WWTP is built to GBRA specifications. When complete, it will be operated by GBRA. Both make good use of treated wastewater for irrigation onsite.

Another example is Kendall County Water Control and Improvement District (WCID) No. 1. This water district provides potable water to customers in the Comfort area and recycled water for irrigation of the adjacent golf course.

Clearly, several smaller facilities are more efficient than one large facility. In part this reflects economy of scale. Though economy of scale is a recognized cost factor for water supply systems, the same cannot be said for wastewater systems.

Meeting the Wastewater Needs of Boerne
The City of Boerne’s WWTP on Esser Road currently serves areas only the within City limits. The last expansion was completed just over 10 years ago. The following chronology is useful.

In 1996, it was expanded to the current permitted capacity of 1.2 Million Gallons per Day (MGD). It was designed to be expanded to a capacity of 2.4 MGD based on the current effluent discharge permits.

In 2001, City Staff became aware the WWTP was nearing its maximum capacity. By 2004, population increases and the corresponding residential and commercial customers, as well as increased infiltration and inflow from rainfall, the plant reached 75% of capacity. This triggered State requirements for a redesign.

In 2004, an initial needs assessment was conducted for the City by HDR Engineering, Inc. The wastewater capacity required was based on the population estimates at full build out within the city limits over a 20 year planning period and was limited to the population served by the water supply of the City.

From these projections it was determined the ultimate capacity needed was 3.9 MGD. Note: A recent two part story in the Boerne Star acknowledged the ultimate capacity could as high as 5.4 MGD.

In 2005, based on a 3.9 MGD capacity, the City Council authorized City Staff to explore an expansion of the existing site to 2.4 MGD and proceed with the acquisition of a second site for a WWTP.

In July 2007, the Preliminary Wastewater Process and Site Evaluation Report by HDR Engineering, Inc. notes six sites were actually evaluated by City Staff and HDR. But this was after the "City" decided to evaluate locations to support a new (or replacement) wastewater treatment plant that could be expanded beyond 2.4 MGD instead of operating two facilities perpetually.

Ultimately, an upgrade to the existing facility was deemed too expensive. However, this was based in part on questionable water test data collected during drought conditions. Funding for a new test was approved by City Council in October. The results will not be known for at least a year.

This explains how a single WWTP, ultimately capable of processing 3.9 GPD, expandable to 5.4 MGD, came to be. It also serves to explain the location because a facility this large would now also be subject to a small number of possible sites.

Given these basic facts, it is legitimate to ask if all options for a waste water treatment are on the table when meeting the current and future wastewater needs of Boerne.

Future testing could show a 2.4 MGD is feasible at the existing location. Infrastructure improvements could lessen the impact of seasonal rains. In both cases, a smaller facility, consistent with the Small Plant Model, could be best suited for future customers beyond the City limits.

Other Wastewater Needs of Boerne
The Boerne Master Plan notes Physical Growth/Expansion Trends on page 2-12. In all directions, health and safety issues dictate the need reliable and affordable wastewater service for residents within the City limits.

“The City of Boerne is currently expanding in all directions. Although major growth and expansion is occurring along I-10 in a southern direction, significant growth and expansion is occurring north, east, and west along the major roadway corridors. Figure 2-18 illustrates the current growth trends. It is anticipated that future development will continue to occur in these general outward directions.”

To the north is the Adler extension and Main Street to I-10 where commercial and industrial development is increasing.

West of I-10 at Cascade Caverns is the newly annexed Isbell Ranch as well as the Miller tract.

Also west of I-10 toward Boerne Lake are developments along Ranger Creek Road. These existing developments have experienced significant health and safety issues related to wastewater and water. New services could replace degraded septic systems and failing wells.

Moving east on State Highway 46 is Esperanza where a high residential demand for City wastewater may be created in the near future.

Each of these growth corridors is well suited to be served by the Smaller Multiple Plan wastewater concept. Additionally, this strategy could reduce water costs and lessen demand.

Meeting the Wastewater Needs of Esperanza
It is this new demand from Esperanza that appears to have had significant influence in the preferred site selection for a new facility that could be expanded to 3.9 MGD.

This resulted in the logical, but incompatible placement of a new WWTP at the confluence of the Cibolo and Menger Creeks, in the heart of the Cibolo Nature Center.

Because the site selection was justified as the lowest cost option for City of Boerne rate payers, it is also proper to consider the financial capability available to Kendall County WCID No. 2 and the developer of Esperanza.

Typically, these water districts take on the responsibility to finance, maintain and operate the water and sewer plants, the water distribution, as well as wastewater collection and drainage systems, for their customers within their boundaries.

For a developer, the most important aspect is their ability to issue tax-free municipal bonds to partially finance the construction of water, sewer and drainage utilities. These bonds are approved by the Texas Commission for Environmental Quality (TCEQ) with tax and debt limitations much more attractive than those offered to cities.

Recommendation: Marlin Atlantis and partners should consider constructing a wastewater collection, processing and re-use distribution system using Kendall County WCID No. 2, on site at Esperanza.

This would reduce the demand, and cost, to the City for wastewater. It would reduce peak demand and save groundwater permitted for the City of Boerne. Finally, it could eliminate the need for a new site on Cibolo Creek.

Compromise on both sides could lay the foundation for the success of Esperanza and allow Boerne to prosper without sacrificing those institutions and natural resources that contribute so greatly to our quality of life and make this community so unique.

Negotiations for a Development Agreement between the City and Esperanza are underway. Should the City opt to take on this additional demand, it is imperative wastewater reuse be not just considered, but become a mandatory feature.

The Bottom Line
The City should do all possible to preserve the capital investment previously made in the current WWTP. This includes the potential cost savings by modernizing the entire network of the existing infrastructure to reduce inflow and infiltration. The money saved through the integration of reuse water must be an integral part of any financial analysis.

The wastewater treatment management strategy of even ten years ago has changed dramatically. Keeping unit cost to the rate payer low is a top priority, but also be aware current available water resources are finite. Conservation is the name of game today.

In anticipation of major future growth, the City of Boerne has acted proactively to secure more water. The same proactive approach could easily be applied to wastewater treatment. The ultimate goal would be to adopt a Land Use Master Plan that incorporates reuse as a standard development tool.

The City should take the lesson of others in the local area and move away from considering the use of large, regional plants. Though they may work well in densely populated urban areas, they are not suitable for the Hill Country. Instead, support the continued use of the Multiple Plant Model. This is the best way to maximize the potential for reuse.

In future applications, this use of a small plant systems and reuse would aid in lowering peak demands and therefore would reduce the cost of providing a basic water supply to all customers.
In a conjunctive water system like that of Boerne, it would lower the demand on groundwater used for peaking, effectively increasing both quality and quantity of groundwater throughout Kendall County.

Milan J. Michalec
11 Nov 07

Are we ready for growth?

It seems that all discussion by elected local government officials regarding growth in Kendall County lead to one conclusion: “Growth is coming and nothing can stop it.” Special interest groups publicly vilify anyone for even questioning this foregone conclusion.

It’s hard to believe this is what the majority of the citizens in Kendall County want. If they did they, wouldn’t be living here. Certainly long time residents do not want growth to affect their property and their way of life. Clearly, new residents don’t want it to change that much either; otherwise they wouldn’t have moved here in the first place. Local residents enjoy the small town atmosphere, away from the hustle and bustle of dense urban living.

There has been a lot of hoopla regarding the financial benefits to the local residents through reduced taxes and lower utility rates. It’s highly questionable that the residents will benefit at all, and just as likely that the taxes and utility rates will go up. However, if rapid dense development is in fact a forgone conclusion, the residents of this county should expect their elected local government officials to be mindful of their health and safety before concentrating on filling the developers pockets with profits, and their coffers with property taxes.

Health and Safety and Quality of Life are tremendously important issues for the public, but for some reason they are not even being discussed. Quality of Life is easy to define by a few simple questions: Do you enjoy feeling safe in your home? Do you enjoy feeling safe walking downtown in the evening? Do you enjoy driving to and from work free of traffic jams? Do you like being able to find parking place downtown and enjoy the beautiful little shops? Do you enjoy the quiet country atmosphere and the wildlife? Do your children enjoy our excellent school system? Do you enjoy the beautiful pristine Hill Country Rivers, streams and scenery? Do you want all of this to change? These are just a few Quality of Life Issues; I’m sure you can think of a few more.

Health and Safety is arguably the most critical issue. Mass development dramatically changes our environment, and can threaten the health and safety of the general public if not properly controlled. State agencies like the TCEQ have proven to be completely ineffective and disinterested, so it is up to our local government to protect us. The current City Ordinances and County rules are designed for rural low populated areas. If we are destined to live in a densely developed urban community, then our County rules and City Ordinances must be modified now to regulate this inevitability. These ordinances and rules must be in place before the development onslaught is in full stride.

Issues like impervious cover, flood control, water resources, water quality, and wastewater discharge are gravely important when faced with massive development. If huge wastewater treatment plants are to be constructed as proposed, the discharge from these plants need to be carefully analyzed for the environmental impact. Our County and City leaders should look to the highly urban areas in the state for guidance. They have had to deal with massive development and know first hand what problems lurk.
Highly urban cities like the City of Austin and counties like Travis have had to address these issues head on. Our City and county leaders must be proactive, they cannot simply just “let it happen” and be sorry later for the problems that result.

Is Limiting Growth Bad?

Political cartoon used with permission of John Branch SA-Express News.


One community in California has no regrets. See following article. Published in The New York Times October 9, 2005

BLESSED with a quaint downtown and some of the most impressive scenery on the Pacific coast, this town is largely unknown even in San Francisco, just 20 miles south. To keep that from changing, residents have a habit of tearing down highway signs that so much as mention Bolinas.The same urge to remain pristine has led to one of the most extreme anti-growth policies in the nation.

For more than 30 years, Bolinas has refused to authorize a single new water meter, needed for hooking up to the town water supply. There are now 580 meters - the same as in November 1971, when the moratorium began. That has made water meters the most valuable currency in town. And so late last month, a water meter was auctioned for $310,000. For that, the buyer didn't get a house, or even land on which to build a house - just the right to hook up to the municipal water supply, which comes from the Arroyo Honda, a spring-fed creek about five miles north of town. "It's unbelievable that someone would have to pay that kind of money just to get water - in America," said Lorenzo Martinez, who runs a construction business in Bolinas, but said he can't afford to own a house there.Then he added: "But if I had the money, I would have bought the meter myself. This is the place I'd like my daughter to grow up."The auction might seem to be an example of profiteering, except that it was conducted by the nonprofit Bolinas Community Land Trust, which received the meter when the county condemned a house in town. The group has promised to use the money to finish turning an old service station in the center of town into affordable housing.

The water meter's new owner is Steve Hodge, a stonemason with a 4-year-old daughter who owns a plot of land in town and hopes to build a house there. Mr. Hodge was the high bidder, but Don Deane, a member of the land trust board, said that the board might have picked him over "some big fat high-roller, with plans to build a 20,000-square-foot house." The irony of the sale by a nonprofit group is not lost on residents in this community of 1,600. "The water meter money is being used for affordable housing, but the reason there's so little affordable housing in the first place is the water meters," said Dieter Tremp, an artist who lives in Bolinas.

Mr. Tremp was one of a dozen locals having dinner on a recent Thursday at the Coast Café, opposite Smiley's saloon and down the block from the Bolinas People's Store, an organic food market where customers arrive with their own paper bags. The look in town is pure 1960's. Children are barefoot and dreadlocked; grown-ups wear tie-dyes and hemp. Peace signs are everywhere, including the estate of Susie Tompkins Buell, the fabulously wealthy founder of the Esprit clothing company. Her peace sign, which is about five feet high and hangs on a barn on her property, lights up at night.

But if Bolinas is a place where in many ways time has stood still, real estate prices have not. According to B. G. Bates, a real estate broker, the seven houses on the market right now range in price from $920,000 to $8 million. The $920,000 property is a 1,200-square-foot cottage on less than one-fifth of an acre.Even the likelihood that a house will fall into the ocean doesn't deter buyers. A house on an escarpment that geologists say is likely to collapse within the next 10 years just sold for $650,000, according to Ms. Bates. The buyer bought a separate plot of land, in another part of town. That way, if the house becomes uninhabitable, he'll have a place to connect his water meter.

As in many upscale American communities, workers - including teachers, firefighters and police officers - say they can't afford to live among the people they serve. Mr. Tremp said the price established by the water meter auction is a stark reminder of the affordability gap. "There aren't too many jobs in Bolinas that will let you buy a half a million dollar water meter," he said. "It's very unfortunate."On the other hand, "if there weren't growth controls, this would be just another huge suburb," said his wife, Lauren Pollak, a local elementary school teacher. She added: "It's a huge dilemma."The dilemma caused controversy among the seven members of the land trust board. Mr. Deane, publisher of the liberal-leaning Coastal Post (a front page headline for September's issue was, "Bring the Troops Home") and the owner of Smiley's, is one of the few board members who will talk to the news media. (Others say that any publicity can only bring more people to Bolinas.) According to Mr. Deane, the water meter auction was "divisive." "Some people said, 'If you're for affordable housing, how can you sell a water meter for that much money?' " he said "We're happy to have this behind us."Still, the board had hoped to get more than $500,000 for the meter. Now it will have to raise more money to finish the garage project. The building, already partly occupied, contains two apartments for families, three live-work spaces, and three single-room occupancy units. The moratorium on new water meters was the direct result of an oil spill off Bolinas in January 1971. Thousands of people poured into Bolinas to help scrub cormorants, murres, scoters, grebes and loons that had been coated in oil. According to the Bolinas Community Public Utility District Web site, some of the new arrivals "liked what they saw and they stayed." "Educated, activist, oriented toward the countercultural, they understood the political process," the history said. In late 1971, their candidates gained a majority on the district's board and almost immediately imposed the moratorium.

In 1982, the Pacific Legal Foundation in Sacramento brought suit to overturn the moratorium, which it claimed violated the rights of property owners. The town, claiming water was scarce, prevailed in the suit, but only after spending nearly $2 million on legal fees. Since then, Mr. Deane said, the moratorium has never been in danger. And that means Bolinas is likely to remain a place where anyone with a water meter is wealthy. Ms. Bates, who moved here from Syracuse in 1974, said she recently received an unsolicited offer for her house "that would have allowed me to never work again." When she turned it down, Ms. Bates recalled, "The broker who brought me the offer kept saying, 'Do you know what you're doing?' " But, Ms. Bates said, "Bolinas is home. I thank my lucky stars every morning that I live here.

"Mr. Deane said: "Thirty-four years ago, I was opposed to the moratorium. But it preserved this community. Maybe it's a case where the ends justify the means."

Hold the EDC Accountable!

Letter to Commisioner Lux

In being allowed only a brief time to address the Court’s October 22, 2007 session regarding agenda items 34 and 35, I was unable to discuss all of the relevant matters pertaining to the Kendall County Economic Corporation (EDC). Thus, I am submitting this letter which includes all of the issues for your review and consideration.

This discussion is about responsibility and holding an agency that receives county funding, in this case the EDC, accountable for adhering to its own representations and discrepancies. In this context, any discussion regarding the EDC is not about being “pro-growth” or “anti-growth”. But unfortunately, there will always be those that will attempt to paint it as such.

I attended several of the original presentation programs illustrating the purpose, objectives and benefits of the EDC including those for the Commissioners Court, Boerne City Council as well as the program for soliciting funding from private investors. In each program the themes regarding the benefits of such an organization to this community were consistent:

A. A focus on commercial development that would have the effect of increasing tax revenues from commercial sources and thereby relieve the tax burden that exists, then and now, on residential property owners.

B. Assurance that residential development would not be pursued.

C. Development that would allow for greater conservation and control of our limited and precious resources.

D. A recruitment process for new business that would not include tax abatements or other incentives. It was stated that incentives would not be necessary because this community would sell itself based on the quality of life, schools, location and environment.

Now we come to find that, after only two years of existence, the EDC has conducted itself in a manner that not only contradicts it original representations, but is also unaligned with, as well as detrimental to, the county’s development and resource conservation objectives. Some examples include:

1. Pursuing residential development. This pursuit has included lobbying state officials on behalf of the Esperanza development. Neither the city nor the county has given any indication of support to the Esperanza development. Thus, no mandate and no charter exist to justify the actions of the EDC board members to lobby our state representatives on behalf of a residential developer.

2. Using EDC funds for impact studies to support residential development. These impact studies are so subjective in nature that they can be made to illustrate whatever the producer wants it to.

3. Regarding conservation of water resources, representatives of the Esperanza developer and the EDC have testified at court hearings that this development would not use any of the groundwater that it has rights to by ownership of the property, thus implying a conservation of that groundwater. Yet they fail to disclose that those water rights will be assigned to another entity that will have the ability to allocate it however they like. And most likely, that allocated water would be used for other additional residential development.

4. Requesting tax abatements for new commercial development. From the beginning, utilizing tax incentives was addressed as a specific issue of concern. Due to the complexity of development agreements, appraisal issues and other specifics, future benefits to taxpayers are never guaranteed by additional development. Allowing tax incentives, at the least, lessens the chance of achieving any possible future benefits. At the worst, in the near term, it increases the existing tax burden on property owners. And at the best, presuming that there actually would be any future benefits, those benefits are prolonged to a future point in time that can not be determined now.

Concerning current and future funding by the county to the EDC, we are now witnessing the manifestation of the incorrect and misleading statements previously made by the leadership of the chamber and EDC. At numerous presentations for the EDC, Ron Warden, the then Chairman of the Boerne Chamber and now past Chairman of the EDC, stated that the city and county had committed to funding the EDC for three years. I sent him a letter, copied to the entire chamber board, pointing out that his statements were not only totally incorrect, but that those entities do not have the statutory authority to make that commitment even if they wanted to.

For someone in his position, and having a securities background, to make such a gross misrepresentation to potential investors was not only unethical, but has now put the county in a position of having a “perceived” commitment to funding. This was most recently illustrated last week y in commissioner’s court when one speaker referred to a “gentleman’s agreement” and the current chairman of the EDC referenced a “3 year commitment“ for EDC funding by the county.

The EDC, in its original format, could be a good thing for Kendall County. But that format has clearly changed. It could never be effective in its defined role when it is acting in a manner that is contrary to its own stated policies as well as acting in a manner that is detrimental to the county and which is not aligned with the objectives of the county.

Every resident in our community funds the EDC through the taxes they pay to the county, the city or both. In your capacity as an elected official, charged with determining the best course to take for insuring the best interest of the community, I encourage you to look at this matter of continued county funding of the EDC in the light of who is paying and who is actually benefiting from the actions of an agency behaving in a manner that the EDC currently finds itself.

If your decision is to continue funding, it is imperative that steps are taken to reiterate the county’s objectives as it relates to what the county’s expectations and interests are as well as entering into a written agreement with the EDC that any current and future funding by the county to the EDC is contingent upon the EDC acting in a manner that specifically reflects the objectives and interests of the county.

Thank you for your consideration in this matter.

Sincerely,

James W. McCormick III

County Treasurers Being Stripped

A pattern seems to be developing in several counties in the area whereby the Cof a portion of their authority.(Express News article entitled “Guadalupe trims treasurer’s duties”, dated, 10/17/07.)

Over a year or two ago, Kerr County did the same thing. Last year, Kendall County did the same thing, and now Guadalupe County. The manner in which the changes were accomplished was also similar: the duties and responsibilities for human resources were removed quickly, the treasurer’s office was physically removed from the main courthouse traffic, a new appointed position was created for the Human Resource activity, and budget transfers were made to accommodate the new activity.

It seems apparent that the reason this is being done is for more power to the commissioner’s court! The Treasurer is an elected official and the only power the Commissioner’s Court has over another elected official is the power of the purse, the budget. The person to head the new department is appointed by the Commissioner’s Court and reports to them, so the court has complete control of the new activity; more expense for the taxpayer; more control to Commissioner’s Court. The similarity in which these changes have been made leaves the perception that something suspicious is going on in county politics! What other elected officers with duel responsibilities are next?

Frank Wetzel

A Bit of History - Water

In Remembrance of Garland Perry
"Land and Water" by Garland Perry, 1982



“In 1835 the Texas Hill Country was said to have been one of the most beautiful natural areas on earth. It had tall grass, beautiful trees, and fresh, clear running water throughout the area. What the early settlers were unaware of was that immediately beneath that rich, lush, organic topsoil-saturated with moisture – was nothing but hard limestone rock.

“The first settlers to reach the Hill Country always camped near a spring of good water, or near a stream, where they built their temporary homes. Then they started clearing land, fencing and planting crops. As they plowed more land and began to overgraze grasslands with domestic animals, the rains soon washed the topsoil away, leaving limestone rock that only cedar trees could grow on.

“Without the organic matter to hold moisture in the soil, springs soon went dry and it was necessary for the settlers to move near larger streams of water or to dig shallow wells. Between 1860 and 1880, good well water could be reached at 30 to 35 feet. By 1900, windmills were a very popular and necessary means of extracting water from 100 to 125 feet. By 1950, most of the water wells were 200 to250 feet in depth and were operated by electric pumps. However, during the great drought of 1950-1957, many of these 200 foot wells went dry.

“Now, a great many of the private water wells are getting water at 500 to 550 feet below the surface. Obviously, this trend can’t go on forever. Water will be a limiting factor in the future growth and development of Kendall County.”

- Excerpt from Historic Images of Boerne, Texas 1982, First National Bank of Boerne

The Kendall County EDC-Esperanza Connection

The Kendall EDC paid Texas Perspective Inc. to do a study on Esperanza. Texas Perspective’s website says that it “is dedicated to helping its clients strengthen their cases to achieve particular goals.” The Esperanza report they produced for the EDC states that: “much of the underlying data used in this analysis was provided by the developer Marlin Atlantis.” This report did not take into account any of the costs that will be related to this development, therefore presenting an incomplete and one-sided picture.

This year, the Alamo Area Council of Governments convened a Committee for Economic Development Strategies. Eleven of the members were area economic development representatives, including Mr. Rogers. The goal of this committee was to identify key projects that are considered important to the economic vitality of the 12 county region. The short list chosen by ACCOG includes such major economic projects as base closures and realignments, the new Texas A&M campus coming to San Antonio, the establishment of a foundation to bring university courses to Fredericksburg, public transportation needs and the development of an industrial airpark in Hondo County. In contrast to these major business endeavors, the Esperanza development was also adopted as a regional economic goal. AACOG has verified that they based this decision solely on the Texas Perspective Report paid for by the Kendall County EDC, so the same accounting principles were used- relying on the developer’s input and projecting income without factoring in the costs in services, roads, schools and infrastructure.

With major residential development taking place throughout the 12 county region, how was Esperanza chosen as a regional economic goal? Why would AACOG unquestioningly accept figures provided by a local economic development group whose paying members include Esperanza’s developer and several others with current or potential financial connections to him? The support of AACOG, a regional quasi-governmental body, has been thrown behind a residential development that is still very much in the discussion and approval stages with our own local officials. No approval, costs, traffic impacts and infrastructure evaluations or development agreements have been made. Did this Council sanction this action prior to these important benchmarks? Was the EDC acting on behalf of the City? It seems reasonable to ask whether the interests of some members of the KCEDC are being promoted ahead of the interests of the majority of tax-paying citizens, and whether citizens’ elected representatives are being undermined. I believe the EDC can do a great service by building our commercial tax base, but I would like to see more accountability to tax payers. I have expressed these concerns to my commissioner as well.

Paula Cairns

Tax Break For Businesses?

According o the Boerne Star (October 9), the Boerne City Council and the County Commissioners are considering giving tax breaks to businesses.
The Star reports: "The council will consider establishing tax abatements as an incentive for current and future commercial property owners to invest in the city. Council members are also set to meet in executive session “…regarding information that the city has received from a business prospect that may locate in the city.”
The article goes on to say, "There have been reports that the city’s sudden interest in a new tax abatement policy is because of an existing manufacturing company that is looking to expand its operations."
There are some individuals in the City and the County who do not believe attracting businesses is necessarily a "good thing." They contend there are inadequate roads, water, and sewage facilities, as well as a fragile aquifer, and a fragile environment.
How do you feel about this issue?

Edwards Aquifer Authority Gets Tough

On Monday October 1, representatives from the Edwards Aquifer Authority made a presentation regarding proposed new rules on Hazardous materials containment and control. Hazardous materials storage and disposal becomes a major issue in an urban community. The proposed EAA rules will affect a large portion of southern Kendall County. Several hundred businesses will be required to register and comply with these new rules. Any business that stores and disposes of hazardous materials will be affected, and the cost impact on these businesses can be substantial. More information can be obtained from their web site at http://www.edwardsaquifer.org/. Do you think the EAA is going to far with this, or not far enough?

Boerne Backward

And now, for the real life version of the shell game!


He (Grady Jolley) donated $3,850 to the group, which formed just before elections last May to support Heckler and Ron Warden who both won council seats, and a third candidate who lost.

Heckler said he welcomes new voices in local debates, but distanced himself from Boerne Forward, saying, "I don't know who they are or what they represent."

Similarly, Warden said he was unaware Boerne Forward had registered as a political action committee.

"I'm not part of the group and don't have any contact with them," he said.

Do the developers and money interests win over the rest of us? Hmmm.

Traffic on Main Street

The congestion on Boerne's Main Street seems to be getting worse every day. What can be done to relieve this congestion?

Recent Kendall County Budget and Tax Increase

On a unanimous vote, Kendall County Commissioners Court approved the 2007-2008 Budget requiring a property tax increase of 12.4%. This action increased property tax collections from 9.7 million dollars in 2006-7 to 10.9 million dollars in 2007-8. What do you think about the property tax increase and the County's budgeting process?

BISD - what do TAKS results really tell us about academic success?

Recent letters to the editor, a Boerne Star editorial and an "Inside BISD" column have all commented on the implications of TAKS results. The most often cited statistics are the "pass" rates for TAKS in these discussions. Unfortunately, these results are misleading and do little to inform a community about the actual academic abilities of students in a district or the quality of education our tax dollars are supporting.
The educational establishment in Austin buries the real implications of TAKS in curious scoring - raw scores are translated into a 'scaled score' that varies with every administration of the test. Each administration of the test uses a different conversion, supposedly to correct for differences in difficulty, but all are manipulated so that a scaled score of 2100 is a panel recommended passing score and 2400 is commended performance. But what does that mean to those of us who are used to needing a 90% or above to get an "A"?
The Association of Texas Professional Educators publishes a "TAKS Passing Standards Estimates Chart" , which translates the scale score into an equivalent percentage, using the April administration test. For 2006, the "met standard" on the eleventh grade English/Language Arts (ELA) portion of the TAKS had risen from previous years to the equivalent to getting 51% correct. The "panel recommended" standard eeked by at a slightly more stringent 58.9% and a requirement of a '2' or greater on the essay. I would encourage parents and taxpayers to go to the Texas Education Agency (TEA) website, look at released TAKS tests and check out the quality of the reading passages that students in 11th grade need to read and pass at a dismal 51% correct rate in order to graduate. The reading passages are closer in sentence complexity, structure and vocabulary to "see Jane run" than they are to "it was the best of times, it was the worst of times...".
In addition, although Boerne had 97% of its 11th grade class pass the ELA TAKS in 2006, it did not receive commended in ELA, which would have required that 25% of that class pass it at a commended level (equivalent to 84.9% correct answers).
An even more interesting indicator of the academic foundation our children are getting is something called the TSI, for Texas Success Initiative. It is also called the "Higher Education Readiness Component". What this eduspeak means is "are these children ready and able to do college level work when they graduate?". A positive TSI result requires a scaled score of 2200 (72.6% correct) on the TAKS and a "3" on the writing portion. Only 54% of 11th grade students in 2006 achieved that distinction. The ethnic breakdown was 56% white and 44% Hispanic passed at the TSI standard in ELA. By contrast, 78% of students passed the math TAKS at the TSI standard.
To David Maltzberger's hypothetical question "how many local taxpayers would be satisfied if Anglo elementary children scored in the 60 percentile..." I would add, "how many local taxpayers are happy with the reality that only 54% of the children in this district graduate college-ready in literacy skills? These results indicate a serious need in our district to improve the teaching of reading and writing.
What can be done? The most cost effective way to improve literacy rates is to focus on early grades. The Texas State Dyslexia statute requires districts to aggressively identify students with reading difficulties and provide intensive remediation from qualified teachers. The statute requires every campus to have a dyslexia designee and that person should be qualified to teach reading. Experts with Scottish Rite say that districts should be offering these kinds of reading programs to at least 3% of the student population in order to fully comply with the law.
A zero-retention policy in K and 1st grade with intensive tutoring for students struggling with reading would be more cost effective than retention. In 2006, BISD retained approximately 32 K and 1st graders. Every time a student is retained, it obligates taxpayers to fund another year of education for that student. In 2006, the average per pupil expenditure was $9522, which means that 32 students retained cost taxpayers over $300,000 in today's educational dollars. Considering that per pupil expenditures have increased at an average rate of over 10% per year since 1993, by the time that extra year gets tacked on 12 years from now, the cost will be substantially greater.
For those students who still lag in reading and writing, more emphasis should be placed on staff development and training, and less on purchasing computer-based programs such as Lexia and Plato Learning. Trained and dedicated teachers teach children to read and write, not computers.
Quality reading programs cannot stop once a child leaves elementary school. If they are still struggling in reading and writing, secondary students need access to effective, age-appropriate programs. All secondary campuses need meaningful and effective reading programs for these students, taught by knowledgeable staff.
Drop the requirement of a semester SAT/ACT prep class for graduation and substitute instead a required semester persuasive writing course. High SAT and ACT scores are predictive of one thing only - how well a student will perform on other standardized tests. For those students taking pathways other than college, to require them to spend an entire semester practicing taking a test they will not use is counterproductive. All will benefit from being able to write well and persuasively. SAT/ACT prep can remain an elective for those who do want to score well on these tests.
Finally, parents need to be proactive. If your child is having reading difficulties, educate yourself, ask questions and find out how your child is performing on grade level and age level equivalents.
If we, as a community, will put the same effort and passion into demanding that our students read well as we have in naming the new high school, we can assure that all our children will be able to read whatever name is eventually attached to that campus.

Thresa Fraser

The Texas Commission on Environmental Quality

The Texas Commission on Environmental Quality or TCEQ is the environmental agency for the state. The TCEQ has approximately 2,900 employees, 16 regional offices, and a $480.7 million operating budget for the 2007 fiscal year. It is purported to be the largest environmental agency in the United States next to the US-EPA. There have been several complaints recently in the newspaper regarding this agency's regulation and enforcement policies. What is your opinion of this huge bureaucracy?

Broken-O Development

A new development is being proposed in Kendall County on the old Broken-O ranch. The Broken-O is a 5,000-acre tract of land in the Champee Springs area. It is bordered to the north by Ranger Creek Road and to the south by Tapatio Springs. A recent Boerne Star article (dated 8/17/07) reported"there would be approximately 3660 acres developed on the ranch," and this new development will require approximately 360 acre-feet of groundwater. This request is currently being considered the Cow Creek Groundwater District.
What do you think about this proposed development?

Boerne's Master Plan

There are problems in Master Plan Land - or maybe that's the way it is designed to work... It shouldn't be a surprise that some see the Master Plan as a guide to land and development speculation while others see it as a guide needing considerable community input in its maturation. These matters are currently being debated at City Council. There are concerns for what happens to the residents whose neighborhood turns commercial, matters of adequate infrastructure (especially transportation - not considered in detail in the MP), and rate of growth (25,000 or bust!). "Consistent with Boerne's Master Plan" simply does not justify rushing to turn everything 'red' (as in the red commercial zones indicated in the MP). Let's remember that the MP is based on community values: Check 'em out!
Vision and Goals
1. Maintain small town look and feel
2. Preserve identity and uniqueness
3. Sidewalks and shoulders, pedestrian protection
4. Natural resources as an economic resource
5. Green space and heritage, include in developments

Esperanza

Esperanza is a proposed residential development in the City of Boerne's ETJ. The proposed development calls for 2,480 homes adjacent to Highway 46. What do you think about this proposed development?