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Monday, April 6, 2009

Hill Country county officials are seeking basic development tools, and they need your help


Remember how Mom said that nothing worth having comes easy? Well, the county elected officials are doing their part, now we need you to do yours. Contact your state legislators and tell them you support HB3265 — you want to be better neighbors — you just need your county elected officials to have three things — setback, infrastructure cost recovery fees and density authority

Send your comments and news tips to online.editor@valleyspringcomm.net
or to Judge Sumter at lizsumter@co.hays.tx.us

UPDATE: Tuesday, April 7
-- The House Committee on County Affairs has reported HB 3265 out of committee with a favorable vote – 5 ayes, 2 noes, 1 absent and 1 present. The bill now heads to the Committee on Calendars in the House, where it will sit until it is scheduled for a floor vote. Keep your fingers crossed that the bill is actually scheduled for a floor vote. Sometimes proposed legislation not favored by some lobbyist or another gets "lost" in Calendars. So keep your e-mails and letters coming. The bill's lead author is State Rep. Patrick Rose. Joining Rose as co-authors are Rep. Doug Miller of New Braunfels, who formerly served as chairman of the Board of the Edwards Aquifer Authority (EAA), and Rep. Pete Gallego of Alpine.

Representative Patrick Rose – patrick.rose@house.state.tx.us

Senator Jeff Wentworth – jeff.wentworth@senate.state.tx.us
Representative Doug Miller – doug.miller@house.state.tx.us
Representative Pete Gallego – pete.gallego@house.state.tx.us
Representative Garnet Coleman (Chair, County Affairs) – garnet.coleman@house.state.tx.us
Representative Bryan McCall (Chair, Calendars) – bryan.mccall@house.state.tx.us

To read the bill, go to this link: http://www.legis.state.tx.us/BillLookup/text.aspx?LegSess=81R&Bill=HB3265

By Liz Sumter
Hays County Judge

Our mothers told us that nothing worth having comes easy and boy was she right. For decades, counties have struggled with growth, economic development, natural resource and property value issues with limited success.

County officials have come under fire from their constituents for not protecting their property values, letting their wells run dry or allowing a not so desirable neighbor move in next door. Rightfully so for heaven’s sakes, after all we are the closest elected official, reachable at all hours of the day and the one you see at church, the post office, grocery store and yes, every so often the local eating and drinking establishment — we are your neighbor and we are supposed to fix it.


We share your frustration and we intend to fix it. Eighteen months ago more than 40 Texas Hill Country elected officials came together to discuss our common challenges and despite our differences — yes, there are differences from county to county — chose to work together to fix it.


Our biggest common challenge — being located in a fragile region experiencing a tremendous rate of growth. Ninety percent of the Texas Hill Country lies in unincorporated areas governed solely by county government – a government that has little to say about how and where development occurs. Scary? You betcha. Worth fixing? Without a doubt. Easy to fix? Well, that depends on the state legislature and the county elected officials.


We don’t have to tell you that our water resources are becoming scarce and are at serious risk; that our ranches and farms are being sold and fragmented into subdivisions; our roads are becoming overcrowded; and the locals' increasing frustration with that god awful neighbor. It is the topic of discussion that permeates throughout the counties local watering holes.


Every legislative session in Texas, bills are filed to grant our counties some very basic planning tools common in just about every other state. So far, we haven’t succeeded.

This year is different, the Hill Country region built consensus around very modest, necessary legislation that will allow us to be better neighbors with each other. We believe, now more than ever, counties need authority to chart a new course for responsible growth in the Hill Country.


We are asking for three ways to better manage growth.


First, we want to be better neighbors to each other. We recognize that development is a good thing, vital to our existence, and should be encouraged. We also recognize that sometimes being good neighbors means being a little further apart. We need the authority to establish minimum setback requirements between incompatible land uses. Today, new industrial or commercial developments can be located right on the lot line of an existing neighborhood, school, home or family ranch. This can make for bad neighbors, whether it negatively impacts on public health and safety, agricultural activities or property values, really doesn’t matter — the result is the same — bad neighbors, just because they are too close to each other.


Second, infrastructure cost recovery fees. Just a fancy way to say, new developments get to share the financial load with the rest of your neighbors. It is no secret that the monies for building roads are getting fewer and the burden of upgrading county as well as state roads are up to the folks in the county. With the rapid growth we are experiencing, many county roads are too narrow and are designed for limited traffic volumes. Increases in traffic, brought on by new development, often cause the county and/or state road that accesses the development to become overcrowded and unsafe. A dedicated fee from developers is necessary to make the roadway safe and provide for proper drainage to share the financial load.


Third, we don’t want our wells to go dry if we can avoid it. The ability to set density rules in areas that are particularly vulnerable to water depletion and water quality degradation would help us manage growth and plan for future development. The Texas Hill Country region’s topography, flooding issues, fragile aquifers and limited water supply warrant special legislative consideration.


Remember how Mom said that nothing worth having comes easy? Well, the county elected officials are doing their part, now we need you to do yours. Contact your state legislators and tell them you support HB3265 — you want to be better neighbors — you just need your county elected officials to have three things — setback, infrastructure cost recovery fees and density authority. Then the next time we see each other in church, we can talk about healthcare.

4 comments:

Charles O'Dell said...

There are two aspects of authority that give it a bad name…abusing authority…and failing to enforce the authority we have.

Hays County is notorious for abusing its authority by failing to enforce the authority it has…and worse, deliberately bending and breaking our laws for special interests.

While I agree with Judge Sumter about the need for more authority to protect our water wells, that authority should be vested in the governmental entity specifically created to focus on groundwater issues and comprised solely of groundwater professionals. For us that is the Hays Trinity Groundwater Conservation District.

Sumter writes: “Today, new industrial or commercial developments can be located right on the lot line of an existing neighborhood, school, home or family ranch.” I take her to mean the county doesn’t have zoning authority, but, “…located right on the lot line…” is a mischaracterization because our current laws require setbacks from property lines for all forms of development, whether residential, commercial or industrial.

I suppose Judge Sumter had in mind Commissioner Jeff Barton’s recent support to cram the huge U.S. Foodservice facility and its excessive truck traffic problem down the throats of residents in Buda by selectively changing zoning contained in the Buda Master Plan. A citizen uprising stopped that nonsense. Unfortunately, voters didn’t see through Barton’s plan to convert FM 1626 into an expensive IH35 bypass that depends on a new expensive SH 45West to connect with already overloaded MoPac.

If our elected officials simply required county employees to competently enforce our existing development rules and regulations, our property values, public health and safety, and living conditions would be served. More authority ill used serves only special interests.

Being a good neighbor is less a matter of separation than of living by the rule of law. Without an honest and capable referee motivated to enforce the rules, neighborly conduct becomes just a matter of personal choice.

All authority can be used for good or for ill. Those we elect to public office determine which outcome occurs.

Anonymous said...

And, once again, those who have been elected are not truly paying attention to the basic needs of the communities...seeming to be more interested in how much will line their collective pockets.

As in the case of the legislation for the Hays Trinity Groundwater Conservation District...much needed but not as being written now with less restriction being placed "private" wells...water is a priceless jewel which is being "auctioned" off to the highest bidder...to Aqua Texas, developers and their ilk.

Anonymous said...

Mr. O'Dell,

Your hatred for Commissioner Barton has misled you regarding his position on US Foods. Please view http://jeffersonbarton.com/pub/U_S_Foods_preview.shtml for the true story.

Respectful said...

Hey Anonymous 2, just because Mr. O'Dell points out what he thinks is hypocrisy doesn't mean he hates Mr. Barton. I don't see anyone else with both the knowledge and the courage to confront our elected officials. He is good for Hays County even though many mindless "growth" fanatics would wish he would shut up. Keep it coming Mr. O'Dell.