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Opinion
By Charles O'Dell, Phd
Being dishonest in public office is a lot like being pregnant…you either are or you aren’t. No one is a little pregnant, or a little dishonest.
And like a pregnancy, you can hide dishonesty for a while, but sooner or later it becomes apparent to even the most casual observer. Secrecy and manipulation are the antitheses of accountability and public service.
The Public Information Act (open records) is a powerful tool for democracy because it gives ordinary citizens access to how the public business is being conducted, and with whom. Experienced government watchdog organizations know what to ask for in a PIA request. Attempts by public officials to thwart open records requests send a strong signal there is something to hide.
Here is a recent real life example.
On February 29, 2008, we filed an open records request with Hays County seeking to review nine months of telephone records of four public officials. These were County Commissioners Jeff Barton and Will Conley, Special Counsel Mark Kennedy and Environmental Health Department Director Jerry Borcherding.
Based on the telephone records provided to us, it was clear that the EHD personnel are on their phones a lot. Records for Commissioner Conley and Counsel Mark Kennedy were scant, suggesting to us that we may not have received all of their telephone records. If so, that would be a violation of the open records Act.
There was worse to come. Commissioner Barton claimed that he used his personal cell phone to conduct official county business and would not release those phone records to us. He had, however, requested reimbursement from the County for use of a cell phone listed under his wife’s name, Cyndy Slovak.
We filed an open records violation complaint with the State Attorney General office, and in a telephone conversation Special Counsel Mark Kennedy represented to an Assistant Attorney General that Commissioner Barton’s cell phone records were not subject to the Public Information Act because “the cellular telephone bills at issue are not collected, assembled, or maintained by or for the County.”
This is another Kennedy legal opinion wherein he relies on only a portion of the statute to reach a desired conclusion. Govn’t Code § 552.002 clearly states that “public information” means information in connection with the transaction of official business, and that a governmental body has a right of access to it.
We are challenging the absurd and dangerous claim that a public official can hide his conduct of public business from public scrutiny. Such a claim is absurd because the open records ACT is intended to give citizens access to the public documents they need to hold public officials accountable, and dangerous because loss of access to public documents leads to official corruption, excessive public spending, and higher taxes.
What motive could any public official have to hide his official telephone calls from the public?
I believe we have public officials in Hays County who are appearing to be pregnant.
As co-founder of Hays Community Action Network (HaysCAN) in 2003, Mr. O’Dell strives to carry out the mission of ensuring open, accessible and accountable government. He is a long time and close observer of the workings of the Hays County Commissioners Court. He earned a degree in Agricultural Education and a Masters in Ag Economics at Texas Tech, and, later, a Ph.D. at The University of Maryland while employed as a Research Economist with the U.S. Department of Agriculture (USDA) in Washington, D.C. Texas born and raised on a family farm, O’Dell is a Hays County Master Naturalist and a board member of the Ethical Society of Austin.
By Jack Hollon
Wimberley’s response to the True Ranch proposal was a watershed event. Jim McMeans and Patrick Cox laid out a compelling case against urban-style development in a critical recharge area for Jacobs Well – Cypress Creek. The community rallied behind these leaders, and even went a step further: the battle over how we grow is engaged. This public meeting marked a significant turning point. The traditional, and fondly quirky, “Wimberley Way” is not going to give way easily to urban sprawl and quick profits.
Last spring, the same was indicated in the vote against road bonds for a proposed freeway to Wimberley. Those who wish to visit may have to drive a bit slower, but the tree-lined entrance along RR-12 and the scenic views of the Devil’s Backbone make it worth slowing, even pausing, to appreciate what is here.
The Wimberley Valley Watershed Association was formed during the 1995-96 drought, when it became clear that we could indeed lose the heart of this place, Cypress Creek. The 1999-00 drought soon confirmed that judgment, when Jacobs Well stopped flowing: mid-July to mid-October 2000.
Flood and drought continued to alternate as citizens of the Valley and Hays County invested heavily in protecting Blue Hole and preserving land around Jacobs Well.
Do these actions solve the problem? By no means.But what we have is a confluence of complementary themes: water protection and land preservation, that show promise.
1. Protect and preserve Wimberley-Woodcreek water, and
2. Preserve the beauty and open spaces that make the Valley special.
Without the first, our clear flowing creek, we merely join that long list of places that have dried up their springs and so have lost their magic, ceased to be special.
Without the second, the critical recharge areas, we lose the first. Paving over recharge equals fouling our nest. Preserving rural qualities in these hills also provides a rich home for wildlife and the increasingly rare opportunity for solitude and quiet.
Thus, land conservation moves front and center in the effort to protect Jacobs Well, the Cypress, and the Blanco.
Protection of large blocks of ranch land and open space, in ways that are fair and beneficial to ranchers and other land owners, will require more investment by all of us. But what a rich legacy from that commitment: Protecting our water en perpetuity, and preserving unspoiled Texas Hill Country, so that the Wimberley Way has a chance to continue. Our friends and neighbors in more crowded urban areas to the east will join in this enterprise, for it truly benefits the entire region.
The next critical issue that has just landed on our plate is the prospect of bringing LCRA water via pipeline, down RR-12 to the Valley. This raises huge questions, since surface water could either: a) take the lid off development density and sprawl, or b) replace some of our groundwater usage to help protect spring flows. Are we willing to pay a high price for surface water to replace “free” groundwater? What is our vision for this place? This matter deserves comprehensive study, debate, and discussion.
Jack Holly represents Wimberley on the board of directors of the Hays Trinity Groundwater Conservation District.
By Linda Kaye Rogers
This process of campaigning continues to unfold with new challenges and new delights. While it has required a huge amount of time and energy to literally knock on hundreds of doors and meet with members wherever possible, it has consistently held the element of fun. Perhaps this is because I enjoy meeting people and am used to hearing complaints.
Since the ballots from PEC have arrived to choose new board members, the biggest question is: “How do I know who to vote for? I don’t know any of these people.” Fortunately I am not running into very many people who have thrown away their ballots. They seem to be sitting on the kitchen counter waiting for an epiphany or the courage to sort through it and make a decision. Fifty Eight candidates is pretty daunting.
I’m still running into anger regarding the law suit settlement and the compensation to the former GM Bennie Fuelberg, Assistant GM, and Board President. This is subsiding a little bit. The distribution of Capital Credits is now a hotter item and there is a great deal of confusion as to who gets it, how it will be determined and when. One dear elder lady expressed great anxiety because she had remarried and didn’t think she would be found. (I’m tracking this for her).
One has to be careful when knocking on doors, you just never know who will answer. This has come home a couple of times. One evening I was out and the very first house I went to was that of one of my opponents from Kyle, Sherry Anderson. She was working in her yard, invited me in and we had a great chat.
The second time was not quite so pleasant and really drove home something we seldom think about. Last Monday after the monthly PEC Board meeting, I decided to hit a couple of streets in Johnson City. I parked my car on a neighborhood street with my campaign sign prominently posted. I knocked on several doors before finding someone home, then had a good run and decided to head back to my car about 7:30 pm.
There were 2 women standing in the yard near my car and I went up to them. I received a strange reception, but not angry or rude. I introduced myself and was quickly told they knew who I was and really didn’t want to talk to me. Mrs. Will Dahmann (wife of former Asst. GM of PEC) introduced herself and briefly shared the grief and shame her family had suffered as a result of recent events at PEC. She was very much the lady as she excused herself. Her neighbor/friend finally began talking with me and shared many positive things about her long-time friend and neighbor. As I listened, I realized I was talking to “innocent bystanders." These are the people who have nothing to do with an event (war, robbery or whatever), but get hurt in the process. Here were 2 women (and children) who only knew the goodness and love of an individual who is perceived as a villain by others. While this may not change the facts or perceptions, it is the other side of the coin. And every coin has 2 sides.
Knocking on doors has offered other delights. I have been invited into numerous homes, delighted in viewing collections, played with dozens of family pets and run into a woman from my hometown. This was amazing because I am from a small town. I’ve reconnected with a professional liaison and boosted my new professional direction with another therapist. Standing in yards and lovely Texas front porches, discussions have ranged from gardening to other politics to spirituality to a free therapy session. You just never know!
As ballots get closer to the expiration date, and the Texas heat sets in, I doubt door knocking will continue. PEC continues to be in the news and hopefully soon that news will turn into something more positive. As Eric Stratton, a candidate for District 3, has said, “I’m tired of seeing my co-op on the front page.”
Linda Kaye Rogers grew up on a small family farm in the Rio Grande Valley. She received her BA and Masters of Science in Social Work from UT Arlington. She has taught smoking cessation, communication skills, stress management and parenting in hospitals, corporations, community groups and churches. Linda Kaye moved to Wimberley in 2000 where she built a straw-bale cottage and immediately established a rainwater collection system as her water supply. That same year she began volunteering at the Katherine Anne Porter School and has worked in various capacities at the school. She is an avid organic gardener, animal lover, conservationist, and environmentalist. In 2005 she spearheaded efforts to defeat a road bond that would have benefited a developer and cost Woodcreek North residents a dramatic and 20-year tax increase. Linda Kaye is a member of PEC4u, the group of PEC members who initiated the investigation of PEC Board governance and practice.
By Rocky Boschert
What is with this foolishness about Democrats voting for McCain should Obama get the nomination (or vice versa)? What’s the logic of this defeatist thinking?
Folks, the United States (and the world for that matter) cannot benefit from a “military solution” Republican in the White House for another four or eight years. If the Democrats lose this Presidential race after eight years of George W. Bush, the party should consider disbanding.
For starters, let’s look at the recent Republican record. Since the turn of the century, the Republicans (with the help of many shamefully acquiescent Democrats) have gotten us in another economically disastrous and soulfully painful war, with weapons makers, oil companies, mercenary corporations, and Cheney-affiliated subcontractors being the primary beneficiaries. Second, using tax cuts (mainly for the rich) as their mantra, they have gutted infrastructure funding in the United States and trashed education and emergency management agencies with their “privatization” extremism. Third, they have aborted the US Constitution and the rule of law with their domestic spying. And, ominously, the Republican war party has put American soldiers in harm’s way by justifying and instituting torture, disregarding and reinterpreting the Geneva Convention.
Moreover, if we elect McCain into the White House, he will surely have “lobbycrats” like ex-Senator Phil Gramm as one of his top advisors. Gramm, now one of McCain’s top campaign advisors, fashioned himself as a government “watchdog” when he was really a Senate-embedded lobbyist for special oil interests. As it turns out, McCain’s campaign staff has more lobbyists advising him than Dubya’s Cabinet. McCain is not Bush III. He is American League of Lobbyists II.
As for the Democrats, after “lock box” Al Gore and “reporting for duty” John Kerry, they finally have a Presidential candidate in Obama who is smart, cool, ethical, and ethnic. Hopefully the Dems won’t blow it again. Clearly, what Obama lacks in experience he can make up by picking a solid group of domestic and foreign policy advisors, who can help promote his intelligent vision of global peace and domestic economic sustainability. Yes, for where America is now, Obama is worth the risk.
And make no mistake about it. Hillary Clinton would easily be a better presidential choice for what America needs now than John McCain. But we don’t need to go back and re-create the dynastic days of Bill Clinton to help America recover from eight years of Bush necromancy. The 1990’s were good while they lasted but we now live in a more complicated world. Sadly, Hillary’s campaign has been exposed as old school politics, similar to the Republicans’, riddled with the dysfunctional influence of lobby money and political system deal making.
It is time for America to move on. Prior to the 60’s, Southerners were primarily Democrats. After passage of landmark Civil Rights legislation, the South sourly turned to the Republican Party. That message does not have to be a Southern legacy. Hays County at least would be wise to endorse and vote for Obama not just because he is the best choice, but also to show the rest of America that the South is not the racist bastion that it is perceived to be.
Local Democrats need to stop this “I’ll vote for MCain if Obama (or Hillary) gets the nomination” insanity. This type of destructive thinking is just another example of neoconservative brainwashing. Wimberley and Hays County can take the lead for Texas here.
Rocky Boschert has resided in Wimberley since 1993. He currently serves as board president of the Katherine Anne Porter School (KAPS) in Wimberley. Mr. Boschert owns and manages Arrowhead Asset Management.
By Linda Kaye Rogers
The hot new topics of discussion, debate and argument among the PEC Watchdog group is term limits and compensation for the PEC Board. (The PEC4U Watchdogs are a discussion forum online and anyone is welcome to join and participate. Email: Watchdogs@ pec4u.org and put “subscribe” in the subject box.)
Everyone recognizes that previous board compensation, travel expenses and perks were highly inflated. Travel expenses have been revised and reduced to a reasonable standard, much to the chagrin of the current board members. Perks such as insurance and retirement are yet to be reviewed.
The actual compensation of the board and advisory directors is under review. The agency hired to do the investigation/audit, Navigant, has been instructed to review board compensations across the country and present the findings to a committee, headed by Libby Linebarger, Advisor-at-large. In turn this committee will review the findings and present a proposal to the board. This may be at the May meeting or not until the June meeting when the new board members are seated.
The Watchdogs have presented their own thoughts ranging from no compensation to a comparison to EXXON Board Directors who receive a base rate of $40,000 plus $3000 per meeting (not even a consideration). There are a few voices who feel the position should be viewed completely as one of service and therefore reap no compensation.
Many Watchdogs have pointed out that the directors have a great deal of responsibility, albeit not met in the past, and must receive adequate compensation for their time and intelligence. Adequate is still the key issue. But it is clear that the board is going to be functioning in a much greater capacity than before. General Manager Juan Garza is saying that anywhere from 6-12 hours per week will be required, plus outside meetings, seminars, conferences, etc.
Since the compensation has been so exorbitant in the past, many fear that the motivations of some would-be directors is just for the money. There is no doubt that compensation will be reduced, which should deter that motivation.
Another argument is that if there is no compensation, then only the older, retired and wealthier members will step up to the plate, and this would not be a good representation of the members. And it could end up being just like what we already have.
Term limits is another hotly contested matter. There is more agreement on this one. PEC's current by-laws set no limit on how long a director can sit on the board. Thus we have had some of the same directors since the ‘70s. It is generally felt that stagnation, complacency and loss of focus result with unlimited terms -- not to mention a greater likelihood for corruption.
So, Watchdogs are debating the number of terms deemed best to fit the needs of the members. The general consensus is 2-3 terms of 3 years each. These discussions include considerations for the expertise and experience gained by a director over time vs. the need for new input and opportunity for more members to serve. Some have pointed out that if we get a really good director, do we want to force him/her out by a term limit? So then someone suggested a one term “rest” (3 years) before running for the board again. Everyone agrees that too much time on the board does not create a healthy business climate.
The fact that from now on we get to vote for our directors will hopefully protect us from the Good Old Boy system that has dominated the PEC Board since inception in 1938. If we make a bad decision, at least it will be one that WE as members have made. I am personally optimistic that members will be wise and judicious in their choices.
Another issue with Watchdogs and Candidates is the advisory directors: what do they do and do we need them? Again almost everyone is in agreement that they serve little purpose other than warming a seat and collecting a check. There may be something we don’t know, but “dismiss” them is the majority view.
Some Candidates are beginning to campaign in favor of redistricting and adding two districts for a total of nine. Since the old Kimble County Coop merger with PEC in 2000, that whole area has not had a voting director and is connected to Blanco, Horseshoe Bay, Johnson City and Marble Falls as part of District 5. Now that Candidates have been made aware of this, there is strong sentiment that they be properly and fairly represented.
CHANGE is the keyword as we get nearer to seating 3 new voting directors on the PEC board. What actually happens and how long it takes remains to be seen, but changes ARE coming.
Linda Kaye Rogers grew up on a small family farm in the Rio Grande Valley. She received her BA and Masters of Science in Social Work from UT Arlington. She has taught smoking cessation, communication skills, stress management and parenting in hospitals, corporations, community groups and churches. Linda Kaye moved to Wimberley in 2000 where she built a straw-bale cottage and immediately established a rainwater collection system as her water supply. That same year she began volunteering at the Katherine Anne Porter School and has worked in various capacities at the school. She is an avid organic gardener, animal lover, conservationist, and environmentalist. In 2005 she spearheaded efforts to defeat a road bond that would have benefited a developer and cost Woodcreek North residents a dramatic and 20-year tax increase. Linda Kaye is a member of PEC4u, the group of PEC members who initiated the investigation of PEC Board governance and practice.
By Linda Kaye Rogers
Most PEC members do not realize that we have a huge service area in Kimble county (Junction is the county seat) and parts of surrounding counties.
In 2000, Kimble Electric Coop merged with PEC. This area is as big as the original PEC service area, constitutes almost 25 percent of the line and pole distribution and services about 7,000 members. Like all the Hill Country, it is growing. Currently most of the service is to the rural areas and ranches. And, since the merger, the area has not had a voting director on the PEC Board. Instead, they were given a non-voting Advisory Director and lumped into District 5, which includes Blanco, Johnson City, Marble Falls and Horseshoe Bay. This remains an issue of contention with the locals.
With this knowledge, I thought a road trip was in order to the outer reaches of PEC territory. My intent was to visit with members and get their input on the current situation in PEC and to do a little campaigning. Candidate Eric Stratton from District 3 heard my plan and asked to come along. So off we went to the “Land of Living Waters” (Junction area) following the May 1 Candidates' Forum in Johnson City. An interesting fact about this area is that it serves as the main transit point for PEC's renewable West Texas wind energy source.
We started our first day with breakfast at the Sunshine Cafe, where owner Karen greeted us and allowed us to visit with customers. Right away we became aware of the savvy of the locals. They had all the information that was being reprinted from the Austin Statesman in their local Junction Eagle. And their questions and concerns were no different from what has been voiced everywhere else. We were a little early for the Chamber of Commerce, so we stopped by the Junction National Bank where President Rob Roy Spiller greeted us and steered us to other gathering places for locals. While there, Connie Booth from the chamber asked us to leave our campaign info and then gave us greater insight into the delights of the area. Pretty soon we were having a very good time.
Next stop was the Junction PEC office where we met Doug Hanes, the local manager. Doug was very helpful in answering our questions and furthering our education on the history of PEC in the area. We learned that when Kimble Electric merged with PEC, the lines were still cedar posts with frayed wires and service was rather “iffy." No wonder that everywhere we went we heard praises for the great service provided by PEC.
During lunch at the Senior Citizens Center we heard some real history of the area and PEC. George and Carol Wright shared their concerns regarding the settlement (George and Carol didn't like the idea that no one on the current PEC Board of Directors was being held accountable) and we heard more of the anger and frustration regarding the actions and behavior of PEC's previous top management.
Everyone wanted to know why they do not have a full vote on the PEC Board. We were unable to answer this question – it remains a secret probably hidden somewhere in PEC archives. We spent some time speculating and Mr. Wright said he thought it was the fault of the KEC management who did not take care of its members when they "sold out" or merged with PEC. This may well be the origination of the problem, but that was eight years ago. During the day we repeatedly heard this “why” question. I had discussed this issue with new PEC General Manager Juan Garza prior to making the trip, so I was in a position to share a possible resolution. Eric and I also discussed it and eagerly shared our proposed resolution with members.
The entire day was spent moving from one local business to another: the Super S Food Store, the lumber yard, the feed store/general store and both beauty shops. At the Tip Top Beauty Shop, Mrs. Murr shared her pride in Senator Troy Fraser, who is the brother of her son-in-law.We had a quick rush into the Junction First State Bank, where president John Murr greeted us and supported our efforts.
Everywhere we were met with delight that "someone” was paying attention to them as PEC members. We ended the day with a fabulous fish fry at the local Baptist Church. Here we ran into several retired and current PEC employees. And for the first time we began to hear some of the anxiety employees are experiencing in response to the changes and unknown future changes. Eric and I both began citing the “if it ain’t broke, don’t fix it” routine. PEC Staff and service are not the issues and therefore do not need to be messed with at all. We attempted to assure them that this is the thinking of all the board candidates. It is clearly recognized that the problems are at the top, not in the rank and file. We hope we were successful in this endeavor.
The second day sent us up the road to Rock Springs. Along the way we stopped and talked to some fellows unloading a trailer. Turns out we were talking to County Commissioner Jame Epperson! At the Super S Food Store, about the only action in town, we met with a few of the ranchers who were coming in for supplies.Then we moved on to the Cinco de Mayo celebration at the fair grounds. Here we were greeted by the Mayor, and her husband, the County Judge. We also spent quite a bit of time talking with other local officials, including candidates for City Council and Sheriff. We munched on homemade flautas and sipped fresh melon water.
Linda Kaye Rogers grew up on a small family farm in the Rio Grande Valley. She received her BA and Masters of Science in Social Work from UT Arlington. She has taught smoking cessation, communication skills, stress management and parenting in hospitals, corporations, community groups and churches. Linda Kaye moved to Wimberley in 2000 where she built a straw-bale cottage and immediately established a rainwater collection system as her water supply. That same year she began volunteering at the Katherine Anne Porter School and has worked in various capacities at the school. She is an avid organic gardener, animal lover, conservationist, and environmentalist. In 2005 she spearheaded efforts to defeat a road bond that would have benefited a developer and cost Woodcreek North residents a dramatic and 20-year tax increase. Linda Kaye is a member of PEC4u, the group of PEC members who initiated the investigation of PEC Board governance and practice.
By Jack Hollon
The citizens of Wimberley and Woodcreek who gathered April 17 to oppose the True Ranch development plan were exercising their stewardship responsibility to the Hill Country, and they may even have done the Rincon Group, LLP and their prospective customers a favor. (The plan has been withdrawn and is being reconsidered.) We do indeed live in “interesting times” as in the old Chinese curse: May you live in interesting times.
This proposed development was an extension of the continuing scramble to capitalize on Hill Country popularity – to take advantage of the area’s rich history, rough topography, and visual appeal.
Questions about water resources were central, but there were other important issues as well. These include the cost of community services (roads, schools, fire, EMS ) – how these are borne by new and old residents – and a steadily increasing awareness that growth comes in healthy and unhealthy forms. Those whose mantra is “You can’t stop growth” need to recognize that we are moving beyond the growth-at-any-price stage. Growth of the malignant sort, growth that does not pay its way, growth that sacrifices quality-of-life for those who live here…such proposals will not receive a hearty welcome. Property rights are dear to Texans, but they no longer are a sufficient cover for predatory investment schemes.
The hard scrabble nature of Hill Country land meant the region could never support a dense population on agriculture. Ranchers (and a few farmers) who settled here soon learned that they lived on the edge of the Great North American Desert. Drought is endemic, alternating with years of good rainfall, and the area’s flash flood record even attracts documentary film makers.
So, periodic water scarcity and the general absence of deep soil have combined to preserve open space and limit population density. And that has kept the area hospitable to wildlife, at least to species compatible with ranch management. As a consequence, area streams and vistas have been preserved as most population centers grew along the coast and along the railroads and rivers in flatter terrain.
Now, however, we have a completely new kind of threat to this rough but fragile place. Financial institutions with large bundles of money see it as an investment opportunity. We find ourselves in line with some very strange company: the dot-com bubble, sub-prime mortgages (bundled and sold as collateralized debt obligations), hedge funds (who understands?), and immigration scams that funnel cheap labor to build and service McMansions, the second, third or fourth home for beneficiaries of the new wealth.
This trajectory, an aspect of globalization that threatens to take us all over a cliff, is encountering at least two kinds of obstacles here in Central Texas, phenomena that must be considered before winners and losers are finally tallied.
First, we find that those who have a long history here have joined newer residents, also appreciative of the area’s natural beauty and rugged charm, to create a powerful and well-informed citizen movement to protect against over development, to preserve the clear streams, the spaciousness, the rugged vistas, and the wildlife that make the area appealing and also healthy in an ecological sense. Ignoring all aspects of Carrying Capacity and turning the Hill Country into another example of urban sprawl would destroy all that. Those who now live here understand this and will not watch passively from the sidelines as their treasured home place is overwhelmed by money and greed. If they lose, it will be after a struggle. These folks are organized. And they vote.
The second consideration that may slow the juggernaut of change is more global in scope and is related to ideas already mentioned. As we follow world events, especially those related to natural resources…land, water, fossil fuels, forests, fisheries, etc., it is clear that humanity is facing challenging and difficult times. The present confluence of energy-water-food has our attention as prices for gasoline and grains spiral upward.
The key question is this: Are we encountering a truly fundamental turning point for the human economy and culture, or is this just a bump in the road that technology and our clever substitutions for depleted resources will solve for us?
My own study of this question points toward a rather sobering conclusion: We are almost certainly entering a new era in resource availability, costs, and management – the sort of change that may make long commutes from a remote “True Ranch” (to jobs, shopping, and friends) costly and unattractive. Selling such properties may not be as easy as former market studies predicted.
The arguments for this are long and many; books on the subject are coming out faster than one can read and absorb them. But the basic argument is fairly simple and may be illustrated by an analogy: Consider our rich western civilization (particularly us in the US) as a hard-working family with many skills and strengths. Suppose this family “inherits” a fortune (discovers oil) which opens up countless easier and more seductive ways to spend its time. Instead of hard work, a life of ease, travel, and pleasure opens up. Entitlement to this new life is easily accepted; the old skills and ways of working are gradually forgotten or lost; the strengths and toughness that flowed from the former struggle gradually atrophy.
This family is living off “savings” instead of earned income, just as our economy is living off the savings stored in fossil fuels, metal deposits, aquifers, deep fertile soils (which have been eroding to the seas or paved over), the rich biological treasures in plant communities (forests, prairies) and animal populations (buffalo herds, passenger pigeons, cod and salmon fisheries). The family grows rapidly as marriages expand the kin and children are born. Without having to work, the children are mostly over-weight and soft.
Then one day, the banker informs this family that the funds are nearly depleted. It becomes painfully clear that the usual “way of life” will no longer be possible.
You may finish the story. That is where we are, in my opinion, and the need for sound study, planning, leadership, and cooperation has never been greater.
The path we are on does not lead to a happy place. We need to get cracking on moving to a new, more promising path…one based on a new awareness, on “reality” grounded in the best analysis and respectful give and take, not in ideology or wishful thinking, on better study and understanding of what is happening, and on new standards for self-discipline, work, and the prevention of waste and destruction, on stewardship and sharing. (The distractions and unchallenged falsehoods of much advertising and popular media are a major obstacle.)
Moving from an economy and culture based on “Living off Savings” to one based on earning our way and living off Honest Income will not be simple or easy. This is truly the fundamental challenge we face in the new century, and we are all in this together.
Long time Wimberley resident Jack Hollon serves on the board of directors of the Hays Trinity Groundwater Conservation District.
Opinion
By Charles O'Dell, PhD
We expect public officials to be ethical, open and certainly legal in their conduct of public business. Unfortunately, that doesn’t always happen.
To drum up Precinct 4 voter interest in the May 2007 bond election for Pass-Through Financing of three state roads, Hays County Pct. 2 Commissioner Jeff Barton and Pct. 3 Commissioner Will Conley were proclaiming that US 290 West safety improvements were dependent on the $172 million road bond passing, even though US 290 wasn’t identified in the bond language.
Don Nyland, TxDOT engineer responsible for the Dripping Springs portion of the Austin District, publicly denied any such relationship existed and was emphatic that the US 290 safety improvements would proceed regardless of the bond outcome. Nyland was responding to questions posed at a Dripping Springs Chamber of Commerce luncheon in April 2007. Newly elected Pct. 4 Commissioner Karen Ford was in attendance. Voters defeated the 2007 road bond. TxDOT work on US 290 safety improvements continued.
Now Commissioners Barton and Conley are claiming there was a “gentleman’s agreement” by which Hays County agreed to reimburse TxDOT, at least partially, for the US 290 West safety improvements. Side agreements between governmental entities out of the public view are illegal.
In a letter to TxDOT Austin District Engineer, Robert B. Daigh, P.E., dated February 18, 2008, he was asked about this “gentleman’s agreement” and Daigh responded:
“Yes, there is a link between the US 290 left turn lanes and the Pass-Through Finance projects . . . During the negotiation, it was agreed that TxDOT would finance the project (US 290) if Hays County proceeded with the pass-through financing of the other projects being considered: FM1626, Loop110 and RM12. The agreement with this understanding was fully executed by Hays County.”
The “understanding” that Daigh refers to is illegal. If it isn’t on paper with authorized signatures, it’s not legal or binding because it isn’t public.
Criminal courts have been harsh with those who enter into these “side agreements” as is demonstrated recently with five former U.S. insurance executives who were found guilty two months ago of defrauding the public. These executives are facing incarceration and fines in the tens of millions of dollars for their secret side agreement.
Giant insurance companies AIG and Gen Re participated in a plan in which AIG paid Gen Re as a part of a secret side agreement to take out reinsurance policies with AIG, propping up its stock price and inflating reserves by $500 million. This secret side agreement defrauded the public.
Commissioners Barton and Conley and a high ranking TxDOT official have all admitted to a secret “gentleman’s agreement” that could cost Hays County taxpayers millions of dollars to pay for US 290 safety improvements that TxDOT officials had previously said was not related to local bond revenues, leading the public to believe their federal fuel taxes were paying for these needed improvements.
Now, to comply with the secret “gentleman’s agreement” Barton and Conley have set into motion a new plan that will pay for road projects at I-35 and reimburse TxDOT for US 290 safety improvement work, despite public assurances that state and federal agencies would meet their obligations for US 290. You can hear this plan unfold in the January 31, 2008 commissioners’ court workshop as Prime Strategies Mike Weaver and TxDOT’s Daigh and Nyland tell the court of how important the US 290 project is in the failed Pass-Through Financing package revision.
And despite voter rejection of the 2007 road bond, Barton and Conley cling to their special interest road projects with a secret TxDOT “gentleman’s agreement,” backroom deals with San Marcos Mayor Narvaiz for Loop 110, and bypassing voters with $19.5 million in limited tax road bonds.
Isn’t it time our Hays County District Attorney looked into these illegal side agreements?
There is no excuse for unethical, closed door or illegal behavior by public officials.
As co-founder of Hays Community Action Network (HaysCAN) in 2003, Mr. O’Dell strives to carry out the mission of ensuring open, accessible and accountable government. He is a long time and close observer of the workings of the Hays County Commissioners Court. He earned a degree in Agricultural Education and a Masters in Ag Economics at Texas Tech, and, later, a Ph.D. at The University of Maryland while employed as a Research Economist with the U.S. Department of Agriculture (USDA) in Washington, D.C. Texas born and raised on a family farm, O’Dell is a Hays County Master Naturalist and a board member of the Ethical Society of Austin.
Opinion
By Linda Kaye Rogers
It seems the lawsuit settlement is going to remain foremost in the minds of PEC members for a while longer. There are currently two prevailing sets of thinking about the lawsuit and the proposed settlement. One is “that's life, let’s get on with the business,” coming mostly from the defendants in the suit. The second is the feeling that the guys who caused the problems may get off scot-free.
I certainly do get an earful, as I am out and about talking with PEC member/customers.
There seems to be universal agreement that PEC provides good service, but it is not without its problems. Two Wimberley members recently shared their stories about unexplained extra charges. One said he received almost a full year of charges when his meter was changed, and he was in the process of moving out of that location. No one at PEC could or would explain the large bill. He was forced to pay or lose service to his business. The other local member decided to move his lines underground and was charged a new meter fee, but had no new meter. Members further north have complained about inconsistent power flow, but have received no answers to their complaints.
These are just a few examples, and it goes to show that no business is perfect. Overall, there is a strong consensus that we enjoy outstanding service from PEC's rank-and-file employees.
Most dissatisfaction expressed thus far is a response to the results of on-going investigations of PEC's internal dealings, and the disposition of those results. We are about to hear Austin District Judge Deitz’s ruling on the fairness of the proposed settlement which exonerates the very guys who caused the problems.
Most members say they want a delay in a settlement ruling, pending the Navigant investigation/audit of PEC. It now seems like we are being asked to sign a blank check without realizing the full extent of the damage. With so much information of mismanagement already disclosed, it’s tough to see anything “fair” about the current settlement proposal. Members are very alert to this fact. Members want to know “all there is to know” before agreeing to anything.
If Judge Dietz rules to delay the agreement and additional wrong-doing is uncovered, it will add more fuel to the fire.
Many members also feel that ALL current Board members should resign. I can tell you from reliable sources, that this is not going to happen. Nor are we likely to get an apology from any of them. The exception here is E. B. Price, who has already acknowledged errors and apologized. He will be retiring from the PEC Board in June.
I have made two requests to the Board for an apology. Paul Langston, a candidate for the District 5 member/advisory director seat, made a public appeal for an apology at PEC's April 21 Board meeting. I dittoed his statement and can tell you that both of us were met with steely stares. The Directors apparently feel they have done no wrong and there is no need to apologize. The meeting was taped and is available for viewing on the pec.coop website.
I agree with the opinions of most of my fellow members. It's just flat wrong when there is hard evidence that mismanagement has occurred and the wrong-doers express no remorse or regret and continue the charade by clinging to their seats on the Board. I am now more resolved than ever to act for change. As a candidate for PEC's District 7 board position, my pledge is to always be a member first and foremost.
Linda Kaye Rogers grew up on a small family farm in the Rio Grande Valley. She received her BA and Masters of Science in Social Work from UT Arlington. She has taught smoking cessation, communication skills, stress management and parenting in hospitals, corporations, community groups and churches. Linda Kaye moved to Wimberley in 2000 where she built a straw-bale cottage and immediately established a rainwater collection system as her water supply. That same year she began volunteering at the Katherine Anne Porter School and has worked in various capacities at the school. She is an avid organic gardener, animal lover, conservationist, and environmentalist. In 2005 she spearheaded efforts to defeat a road bond that would have benefited a developer and cost Woodcreek North residents a dramatic and 20-year tax increase. Linda Kaye is a member of PEC4u, the group of PEC members who initiated the investigation of PEC Board governance and practice.
OpinionBy Linda Kaye RogersThere's plenty of injustice in the lawsuit settlement with the PEC now being weighed by members. But the class action lawsuit brought against PEC last year has already accomplished many of its goals. Members are now enjoying some of these changes.
Issues of transparency
Board meetings are now announced and posted three days in advance on the PEC Website. The agenda is also posted. Members may attend the meetings and address the Board and expect full disclosure (when appropriate).The actual meetings are being taped and made available at the PEC.coop website. The website itself has expanded and offers more insight into the co-op and it’s activities. Records have been opened, such as reports of compensation. An investigation/audit is underway and additional records will be available. The purchase price and continued costs of the subsidiary ENVISION is now available. Full disclosure regarding all aspects of ENVISION will be available to members.
Compensation
As part of the NAVIGANT audit/investigation, compensation to Directors and other Board members is being brought into line with other co-ops. This amount will be retro-active to March 2008. A committee has already been formed within PEC to survey national per diem rates and these are effective immediately. These will be almost identical to government per diem standards. The “Director Emeritus” compensation has been discontinued.
Resignations
GM Bennie Fuelberg, Asst. GM. Will Dahmann, and Board President W.W. Bud Burnett have all resigned. (The lawsuit asked for the resignation of ALL Members of the Board. This has not occurred.)
Audit of records
Although a more extensive audit was desired, records for the past 10 years will be Investigated. PEC has hired NAVIGANT for the audit and this has been approved by the judge and state Senator Troy Fraser, chairman of the Senate Business and Committee. The senate committee and the State Auditor will oversee and review the the investigation. The State Auditor's Office was unavailable for several months and the audit needed to commence immediately. It is hoped that there will be a preliminary report by the time of the annual meeting in June. It will include a full audit of ENVISION.
Return of Patronage Capital
Members are beginning to see their annual credit on their bills. Although it seems a small sum compared to the whole, it is a sum that does not jeopardize theoperations of the co-op. And while it may not be the fairest dissemination, it is happening.
Board Elections
For the first time in the history of the co-op, real elections are about to happen! Members will no longer receive a proxy, but a full ballot of candidates for election. The election is being managed by an outside source and PEC has no oversight or input into the process or results, beyond the initial by-law requirements. No more “ drawings” to bribe members into returning their proxies or attend the annual meeting. All members are encouraged to vote. Your presence at the annual meeting is still vital, and it is equally important that you VOTE by returning your ballot, vote online, or in person at the annual meeting.
While many aspects of the lawsuit are slipping through the cracks, it is important to recognize its accomplishments. The Plaintiffs were courageous to pursue this. As a member, I am very grateful for all that has been achieved. Finally, our wonderful co-op now appears to be truly operating within the principles of a co-op.
It only took 70 years.
Linda Kaye Rogers grew up on a small family farm in the Rio Grande Valley. She received her BA and Masters of Science in Social Work from UT Arlington. She has taught smoking cessation, communication skills, stress management and parenting in hospitals, corporations, community groups and churches. Linda Kaye moved to Wimberley in 2000 where she built a straw-bale cottage and immediately established a rainwater collection system as her water supply. That same year she began volunteering at the Katherine Anne Porter School and has worked in various capacities at the school. She is an avid organic gardener, animal lover, conservationist, and environmentalist. In 2005 she spearheaded efforts to defeat a road bond that would have benefited a developer and cost Woodcreek North residents a dramatic and 20-year tax increase. Linda Kaye is a member of PEC4u, the group of PEC members who initiated the investigation of PEC Board governance and practice.
Drippings Springs: Friend of trees? 
It was a great disappointment to read the following item about the new Walgreen’s slated for Dripping Springs. "The city has agreed to let Walgreen’s remove many of the 100-plus year old oak trees on the property so the project can move forward."
The quote comes from Realtor Steve Mallett’s website, and since he seems to be generally accurate, I’m writing this on the assumption that the City made such an agreement.
Do we need a Walgreen’s here? Well, many folks will say that we do. So it seems pointless to question whether the chain stores will ever bring their brand of retailing to Dripping Springs; it’s happening now. But in the process, it does seem a bit "backward thinking" to permit this progress to destroy the very beauty that makes the town unique.
Does Walgreen’s absolutely have to destroy the trees in order to build the store? I don’t think so. I’ve looked at that corner (US-290 at Ranch Road 12) very recently . . . . I even drove around the block to see how the store could be placed in order to minimize the destruction. Apparently, the Walgreen’s Corporation didn’t see the corner the way I did.
In my mind, I saw a polite and unique Walgreen’s surrounded and shaded by hundred-year-old trees, a welcoming spot that provided some cool parking spaces for our blisteringly hot summer days. And I saw a store that respected the surroundings in which it had placed its business. And because it had done so, I saw a store brimming with shoppers because of its desire to fit into the town instead of trying to remake the town to fit its corporate headquarters’ demands for uniformity and blandness. We’re probably not going to get that Walgreen’s.
I don’t know about you, but when I drive through Austin (and most every other town in the US), I literally cannot tell the difference between a Walgreen’s and a CVS; apparently, they both use the same architect. Their desire to shout "drugstore!" has worked so well that together, they have homogenized the concept and made each other indistinguishable and unremarkable. Today, if I need something from a drugstore, it matters little whether I am in a Walgreen’s or a CVS. Both stock the same items, so there is no reason for me to be loyal to either.
While I’ve long expected the chain stores to begin their invasion of Dripping Springs, it has occurred faster than I thought it would. One thing about it has disappointed me: I really believed that our City Council, our Chamber of Commerce, and the town’s leadership would exert tremendous pressure on these corporations to abandon for once their insistence on stamping our city with the same mold used everywhere else. I guess I was just foolish for thinking Dripping Springs would be different. So, before a whole lot longer, we should look for CVS to announce its intention to locate within a stone’s throw of the Walgreen’s, and, except for the sign, you won’t be able to tell them apart.
Mind you, I have nothing against either company other than their juggernaut approach to uprooting every tree in their path. Eventually, they will merge, and the country will be left with thousands of look-alike buildings facing each other . . . . but half of them will stand on empty, treeless slabs of concrete. In the meantime, we lose our trees, and, by the way, a lovely hundred-year-old building that caring could have saved.
Michael E. McGown has lived in Sunset Canyon for the last six years and recently completed a term of service with the Hays County Comprehensive Planning Commission.
OpinionBy Linda Kaye RogersAs with most settlements of any kind, there is a compromise involved. The proposed PEC settlement is no different. And, as is usual, the compromise does not make everyone happy.
The portion of this settlement that requires the most "give" by members is the member payment of $1.4 million in addition to releasing the Defendants from any responsibility. The settlement calls for $4 million to pay legal fees, court costs and "bonuses" to the Plaintiffs. The bonuses will be a sum paid to the Plaintiffs for their time and energy. Plaintiffs are not pressing for this and it is expected to be a very small portion of the $4 million.
PEC's insurance carrier, AIG, has agreed to pay for $2.6 million, leaving the balance of $1.4 million. Members will wind up paying this amount in one form or another, not the management of PEC, the Directors, or Advisory Directors, who were named as the Defendants in the lawsuit.
Then there is the gauling additional agreement that members will not pursue any future legal action against the named Defendants. This is standard procedure when an insurance settlement is made, and this is an insurance settlement. It means that no member can bring another civil suit with the same charges. This is like double jeopardy. Now, this clause covers only up to the date of the proposed settlement, March 10, 2008. If any named Defendant commits a further "error or omission" after this date, suit can be filed.
While the judge could order Defendants to pay the $1.4 million, it would be a very dangerous move. It would set precedence where no sitting board member of any kind would be immune from personal liability. No one would want to serve on a board if they could be sued personally. This is the purpose of the liability insurance.
All this said, this is probably the best deal we members are going to get. Discussions with attorneys, John Warrall, a primary Plaintiff in the lawsuit, PEC General Manager Juan Garza and others with experience in such matters, indicate we stand to lose a great deal more if we (PEC member/customers) reject the proposed settlement and go to trial. First is the fact that it would take several years for a trial to run its course. Even if the Plaintiffs in the class action case were to win, the case could be appealed, so add another four to five years. Historically in Texas, cases such as these are most often lost by the plaintiffs.
Is it fair? Not by my reckoning. State Senator Troy Fraser of Marble Falls, a PEC member, has stated he sees nothing fair about it. I'm spitting fire, but all things considered we may just have to swallow this bitter pill and hope that some good comes from it. I will be writing my letter of objection regarding this proposed settlement. I will state that while I DO NOT see this as fair, I acknowledge that is seems to be a no-win situation for the members and I will accept it as the lesser of possibly worse options. There still remains the possibility that criminal charges could be filed from an ongoing investigation by the Llano County D.A., and a state Senate investigation is not yet complete. For those believers in "final judgments," there still may be some guarantee of satisfaction.
Linda Kaye Rogers grew up on a small family farm in the Rio Grande Valley. She received her BA and Masters of Science in Social Work from UT Arlington. She has taught smoking cessation, communication skills, stress management and parenting in hospitals, corporations, community groups and churches. Linda Kaye moved to Wimberley in 2000 where she built a straw-bale cottage and immediately established a rainwater collection system as her water supply. That same year she began volunteering at the Katherine Anne Porter School and has worked in various capacities at the school. She is an avid organic gardener, animal lover, conservationist, and environmentalist. In 2005 she spearheaded efforts to defeat a road bond that would have benefited a developer and cost Woodcreek North residents a dramatic and 20-year tax increase. Linda Kaye is a member of PEC4u, the group of PEC members who initiated the investigation of PEC Board governance and practice.
Opinion
By Charles O'Dell, PhD
Last Thursday, April 17, 300-plus citizens met in the Wimberley Civic Center and for three intense hours vented their anger over secret True Ranch Development Agreement negotiations that alert citizens exposed. Pct. 3 Commissioner Will Conley reacted with a mixture of pugnacity and conciliatory responses, even lapsing into a campaign speech. The next day developer Russell Hinds (Rincon Group) of Austin pulled the plug on negotiations with county officials.There are many lessons to take away from the True Ranch experience, but the two most important are these:Citizens united can derail back room deals by elected officials.Public officials who work in secrecy are up to no good.As far as I can tell, Hays County Commissioners’ Court has a long history of some court members catering to special interests and operating in conjunction with the good old boy network. Special interests are easy to spot through their county contracts and their election campaign contributions. Secret negotiations should be a red flag for responsible developers.The True Ranch developer was wise to withdraw from the county agreement negotiations after hearing the community express its concerns, opposition and offering sensible suggestions for his proposed project. The developer, Hinds, seemed to clearly recognize the community anger directed primarily toward their elected official who has a history of mucking up projects. Better to return to the drawing board and involve the community up front the next time. And, there will be a next time.Commissioner Conley’s political style fits well with our Hays County good old boy partnership with elected officials. We’ve seen that partnership style before in Conley’s effort to make RR 12 into a super highway last year, and in the $1.6 million giveaway of our parks bond money for a Precinct 1 special interest road planned to be in the city limits of San Marcos. This time secrecy got a developer into trouble with the community.Another Conley special interest project is the Precinct 1 FM 110 road that will benefit special interests who are Conley campaign contributors. Voters turned down the $172 million road bond last year featuring RR 12 in Pct. 3 and FM 110, but Conley and Pct. 2 Commissioner Jeff Barton won’t take “no” from the voters for their special interest road projects.True Ranch is just one more example of the Conley’s development strategy for Pct. 3 and beyond. Build big roads and development will come, or approve dense development to justify big roads.An ample dose of citizen Roundup (tm) sprayed on those elected officials who pander to special interests will remove the facilitators for the good old boys. This is the root cause of our problems in Hays County.Counties need more authority to achieve responsible growth, but first the limited authority we have must be used responsibly by our elected officials. Until that happens citizens throughout Hays County must do what they did for True Ranch: come together and say “no” when our community interests are threatened by back room deals and secret negotiations.Active citizens are the heart and soul of a functioning democracy that keeps elected officials working solely in the public interests.As co-founder of Hays Community Action Network (HaysCAN) in 2003, Mr. O’Dell strives to carry out the mission of ensuring open, accessible and accountable government. He is a long time and close observer of the workings of the Hays County Commissioners Court. He earned a degree in Agricultural Education and a Masters in Ag Economics at Texas Tech, and, later, a Ph.D. at The University of Maryland while employed as a Research Economist with the U.S. Department of Agriculture (USDA) in Washington, D.C. Texas born and raised on a family farm, O’Dell is a Hays County Master Naturalist and a board member of the Ethical Society of Austin.
The RoundUp received word from a county official late Friday afternoon that the True Ranch developers had pulled their preliminary plan/plat and developer's agreement from the county on Friday. No additional information was made available.
By Bob Ochoa
RoundUp Editor
More than 300 citizens from Wimberley and environs gathered at the community center last Thursday for a lively give and take with county officials over the proposed True Ranch project.Lying just a few miles west of Wimberley fronting RR2325 and Fischer Store Rd., the proposed 675-acre, 438-home subdivision, has drawn the ire of local residents concerned with the impact the subdivision could have on the region's groundwater supply, traffic and property taxes.One speaker asked county officials if they were prepared to handle 900 additional vehicles on area roads that the subdivision would bring.Developer Russell Hinds (Rincon Group) of Austin said his subdivision's effects would be minimized by a phased construction plan lasting up to ten years. True Ranch, he said, was planned to preserve the land's natural resources and special character.Wimberley Valley Watershed Association president Patrick Cox said he strongly opposed the subdivision because it lies within a critical groundwater recharge area of the Trinity Aquifer that helps maintain the flow of Jacob's Well and Cypress Creek.Jim McMeans, a leader in a petition drive opposing the development, fired off a volley of concerns. The audience answered with cheers and loud applause. "I'm motivated," he said, "to send a message to irresponsible developers that they will not be accepted in this community."McMeans said he was angry "over the lack of county control" and "the apparent secrecy with which this project was formulated. I am angry about the creation of a municipal utility district on the premise it would bring surface water to the project and eliminate the need for groundwater, however, the developer has no contract for surface water."McMeans said elected officials at all levels should know that the Wimberley Valley and surrounding area "want to maintain low density development . . . that respects the Trinity Aquifer which supplies all our needs and recharges our springs, creeks and the Blanco River."The town hall style meeting was hosted by Pct. 3 County Commissioner Will Conley. He brought along officials of the county's subdivision office and county special counsel Mark Kennedy for an update on the administrative status of the subdivision.Conley said of the meeting, "I thought we had a mixture of people who wanted to listen and get informed on the issues. We had some who had good comments and suggestions to take back to the negotiating table. Some people just wanted to be heard."
He added, "Nothing can ever completely satisfy 100 percent of the community but we will do the best we can in protecting our enviornment . . . It sounds like the community would support very little right now."The county, Conley and the developer are working on a development agreement to address community concerns over the proposed development. Any agreement reached must be approved by a vote of the commissioners court. Conley pointed out a development agreement is not required by county subdivision rules. "He (Hinds) has come to the table with us to have these discussions (voluntarily)."Conley said he will meet with Hinds next week to discuss adding more provisions in the draft development agreement, including one or two ideas taken from citizens' comments.
OpinionBy Charles O'Dell, PhDNews media in Hays County damage our democracy when they deliberately publish false information or fail to check for accuracy.Case in point is the April 9, 2008 editorial by Bill Peterson, publisher of The Hays Highway.com, and former editor of the Hays Free Press. In his Nick Ramus vs. Hays County editorial, Peterson could have easily discovered the truth with a little research, as we did. Instead, he simply spouted political propaganda from the Hays Free Press.Nick Ramus never owned or operated a restaurant as Peterson claims. Ramus was a cook at Southwest Texas State until he was fired in 2000. His only stable job since moving to Texas in 1981 was as a cook at Southwest Texas State, and he sued his employer for racial and age bias after claiming disability and being fired.The two acres where Ramus lives in a mobile home with a 1,500 gallon residential septic tank was purchased from Robert Bowden in 1989. On March 14, 2002 Hays County Environmental Health Department issued a violation citation: “Septic system is surfacing. It has been altered or it has failed.”The citation also noted: “There is no building permit or septic permit issued for the site.”It was Ramus’ residential septic system and a structure he had built that the Appraisal District taxed as a shed. Ramus was given seven days to repair the system and obtain the required septic and building permits.Septic system permit applications filed after 1997, must comply with all state health and safety rules adopted by Hays County in 1997. In 2002, Ramus applied for a permit to install a commercial septic system on his two acres to serve a proposed eating establishment (the shed). There is only enough room on two acres for a functional residential septic system, but not a commercial septic system.Peterson claims that Ramus fought the county for years over his commercial septic permit. When Ramus applied to install a large commercial septic system he should have been denied but he wasn’t. His proposed food establishment and commercial septic system require 24 acres under the 1997 rules. Peterson could have discovered this had he read the Hays County On-Site Septic Facility (OSSF) Rules as we did.Despite numerous violations of our state health and safety code, Tom Pope permitted the Ramus commercial system on September 1, 2006 (not in 2005 as Peterson asserts), and then revoked the permit January 18, 2007 when some of the major septic system violations were made public. Commissioners’ court affirmed that action by revoking the Ramus permit on April 17, 2007.San Marcos-based Pct. 1 Commissioner Debbie Ingalsbe had been dealing with the Ramus property as a pubic nuisance for years (Ramus was convicted as a public nuisance in 2005), and Judge Sumter and Commissioner Ford voted with Ingalsbe because the additional commercial septic system is a major health and safety threat to the environment and water quality.Ramus argued his 2005 commercial septic system was grandfathered under the 1984 rules, but there is no legal basis for grandfathering a new septic system, only one that existed prior to a change in the rules. Bowden’s 1978 residential septic system (now used by Ramus) is allowed so long as it is kept in good order. Ramus still doesn’t have a valid residential septic permit and many believe his residence is connected to the commercial septic system in violation of law and a district court agreement.Peterson is wrong again when he reports that Florinda Martinez is a constituent of Pct 2 Commissioner Jeff Barton. Martinez lives on property located in Pct. 1 and was denied a septic permit years ago because her one acre lot is not platted, just as the Ramus two acre lot is not platted. As with the Ramus residential septic system, a neighbor of Martinez complained about raw sewage running on the ground creating a health and safety problem and a public nuisance (odor). Barton’s political mischief has backfired on him, yet Peterson reports myth as fact.As for the 2008 election, why should voters punish Commissioner Ingalsbe for voting to prohibit a public health and safety threat that violates state health and safety laws, or for voting to appeal a district judge’s absurd recent ruling (in Ramus’ lawsuit against the county) that tells all Texas counties they cannot enforce state laws to protect the public health and safety?A convicted public nuisance may be running for public office to achieve warped political purposes (Ramus is Ingalsbe’s Republican challenger for the Precinct 1 commissioner seat), but voters are not likely to confuse that with real public health and safety issues the majority court members are addressing. Peterson does our democracy no favor by spouting political propaganda and misinformation.As co-founder of Hays Community Action Network (HaysCAN) in 2003, Mr. O’Dell strives to carry out the mission of ensuring open, accessible and accountable government. He is a long time and close observer of the workings of the Hays County Commissioners Court. He earned a degree in Agricultural Education and a Masters in Ag Economics at Texas Tech, and, later, a Ph.D. at The University of Maryland while employed as a Research Economist with the U.S. Department of Agriculture (USDA) in Washington, D.C. Texas born and raised on a family farm, O’Dell is a Hays County Master Naturalist and a board member of the Ethical Society of Austin.
Being dishonest in public office is a lot like being pregnant…you either are or you aren’t. No one is a little pregnant, or a little dishonest.
