A Day Late

If you’ve heard a scurrying sound lately, you aren’t the only one. There’s a political scrambling to run for cover after the ‘democratic’ fiasco orchestrated by some of our City leaders. It brings to mind that old saying about being ‘a day late and a dollar short.’

Most Water Control Districts such as Esperanza go through an Ordinance process. Instead, the City did it through resolution, which didn’t allow for public hearings. Even with this, Mayor Heckler could have held Town Hall meetings so citizens could ask questions of Council about the development.

Instead, at the first Special Meeting to vote on Esperanza, Mayor Heckler tried to limit the citizen comment portion to 45 minutes and said he was going to ‘randomly’ decide who should speak. Only after objections by Councilman Zeigler, did that change.

Councilwoman Edmondson seemed concerned that advocating for broader participation and information would indicate a distrust of City staff and their lawyer, paid for by Esperanza. While she may have been satisfied with their conclusions, she should have allowed more time to address her constituents’ dissatisfaction.

Councilman Warden (who received over half of his donations from Esperanza related donors), expressed impatience during a January Council meeting, interrupting Councilman Zeigler’s questions and urging to get on with a vote. Now we’ve seen Warden telling the press that he agrees the process could have been more open, and that he has emailed the City Manager and Mayor with suggestions on how to do it better next time.

What of Councilman Dubose? Not only did he vote against a 30-day extension for more public input but he also opposed a miserly 6 more days for citizen review of what the city attorney has called the most complicated agreement in the state.

Last June, a year after his election, and just days after Governor Perry signed the bill for Esperanza’s water district, Dubose received his largest reported contribution- $2000. This was from a member of the family who sold the land for Esperanza.
Whoever fills a politician’s coffers is the best indication of whom they will represent.

At his Open House this week, Mayor Heckler actually claimed that he did not speak in favor of Esperanza at any time. One might argue that the trip he made to Austin with employees of Esperanza to lobby Representative Macias for the development, spoke volumes.
So, if you find some of these folks are suddenly talking about ‘public misperceptions,’ their wanting Boerne to stay small, ‘not being pro-Esperanza’ and the need for more public participation and transparency, caution; it is simply the sound of politicians running for cover. Which reminds me of another old saying: ‘Actions speak louder than words.’

How Safe is YOUR Neighborhood?

On February 12, the night of the historic vote on Esperanza, The City Council had a hearing at 7pm to listen to arguments both for and against the change in zoning use at 507 Frey Street, which is an R-1 residential neighborhood. The request was made by the Hill Country Christian Action Council, dba: The Hill Country Pregnancy Care Center . The Pregnancy Care Center is a good organization and provides needed services for our community . It is not what they do , but how they want to do it.

 

An ordinance was past last year by the Boerne City Council to allow 501 © (3), non profit corporations to be located in an R-1 residential neighborhood by using the existing housing stock so that the neighborhood would not be negatively impacted. Just as important, it is clear in the ordinance that when the building is vacated it must revert back to it’s original use, R-1 residential.

 

The Pregnancy Center bought the property at 507 Frey with a 900 square foot home on it. They knew this house would not meet their needs and they plan to demolish it and build a 6000 square foot medical facility , a paved parking lot and erect a 15 square foot sign.

 

In an article in the Boerne Star , they claimed that “they have been given a favorable reception by the Frey Street residents”. This gave the erroneous impression that the neighbors had been consulted and were supportive. I can honestly say there was not a favorable reception . We submitted 81 signatures from 65 residences in the Frey street neighborhood who were against the ordinance.

 

Additionally, Councilman Jacque Dubose, sits on the board of the Directors of the Hill Country Pregnancy Care Center.

The City Attorney said that Jacque Dubose legally did not have a conflict of interest in this matter.  Jacque Dubose said he could vote objectively for the interests of the citizens of Boerne. Yet as a director of the HCCPC he is charged with the responsibility to do everything  to further the mission of the organization. He has taken a personal interest in the pregnancy care center and he cannot act with   independence and impartiality, legally or not. The citizens of Boerne are entitled to have a fair, ethical and accountable local government.

 

In closing, it is not over yet. This item was taken off the Agenda until further notice.

The way ordinance was written, a 501 © (3) can go into any neighborhood in Boerne , next door or across the street from your house with City Council approval.

Ted and Janis Maxymof

 

 

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!