Thugs Trash Obama Supporter's Car in Hays County on Eve of Early Voting

Udate: Friday, Oct. 24, 3:25 p.m. – From the Hays County Sheriff's Department: On Thursday, 10-23-08, two juveniles, a 15 year old and a 12 year old male were detained for these offenses. On Friday, 10-24-08, an additional 12 year old male was detained. All three have been processed as juvenile offenders and the 15 year old has been placed in the juvenile detention center. The two 12 year old offenders have been released to the custody of their parents. The 15 year old male has been charged with two felony counts of criminal mischief and also with engaging in organized criminal activity. The two 12 year old males have been charged with felony criminal mischief in [a separate] Saturday night criminal mischief and also with engaging in organized criminal activity. This investigation continues.

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Special to the RoundUp

Mon Oct 20, 2008 at 07:53:07 PM

In western Hays County, Texas, at around 8PM Sunday night 19 October, thugs trashed my car while I was having dinner with some friends.

Out in the country. Miles from anywhere.

My "Obama 08" bumper sticker was torn off the right rear bumper, a 20-lb rock was dropped through the back window, 2 stolen Obama yard signs were shoved through the gaping hole in the window, and a cryptic almost "OBAHA" (or something...) was scrawled in orange spray-paint on the drivers side front and back doors and windows.

It has been blogged here at Mock Paper Scissors (Thank YOU TexBetsy!) and here by Fran I Am. While a collection has started to cover the deductible, I must insist that any proceeds go to refugee children who lack school supplies here in Austin, a cause TexBetsy has been doggedly pursuing for years.

I have to hand it to the Hays county deputies for getting out to the scene of the crime quickly, and making sure to dust everything for fingerprints -- and, particularly, (in these dark days) for taking the matter seriously.

Also Kudos go to the WimDems -- the Wimberley Democrats -- who have been individually and collectively so supportive.

Our Democratic Party Precinct Chair brought this incident to the attention of the Hays County Sheriff.

I just saw the sheriff and told him about it. He really flinched. Said "That is not what we mean by America." Don't know if anyone will get caught but hope so.

The incident has also been reported to watchdog@barackobama.com and to our representatives in the campaign in Hays and Travis counties (Travis is where Austin is) but only a canned response so far.

In the meantime, your thoughts and prayers are appreciated and the best thing we can do is, please: Get The Word Out. This is Going Down.

But also, please consider the level of psychosis in these crimes:

Kilt bear cubs? Rocks Thrown Through Car Windows? DEATH THREATS? Spray-painted cars? 30 Slashed Tires?!?!

They must be deeply, deeply desperate. They need our compassion.

Correction: compassion and justice.

Terrorism and the Voting Booth – It's Really the Foreign Policy, Stupid

Who is more likely to change our course in the Middle East for more positive results, McCain or Obama?

Email your comments and news tips to online.editor@valleyspringcomm.net
or arrowbiz@austin.rr.com

By Rocky Boschert

About three years back, in the middle of the more intense fighting of the Iraq war, I talked to an Army physical therapist working with dismembered Iraq war veterans at Fort San Houston in San Antonio. Even though his training was in physical therapy, he sadly told me he spent most of his time helping the harmed soldiers get through their suicidal depression.

The physical therapist is now retired after 20 years of military service. During our conversation I asked him why he was retiring when he was providing such an important and honorable service to our country. His reply was without hesitation: “Our political and military leadership have lost their way.”

Having lived through the Vietnam era as a teenager and college student, and now Iraq, it wasn’t hard to understand what he meant. 

Every couple of generations our national leaders get us into another stupid and destructive war, using propaganda lies that ignorant and fearful Americans believe is valid – stopping communism, protecting free markets and democracy, or in the case of Iraq, WMDs aimed at America.

Time for a foreign policy reality check

And now, in this new century, we engage a fanatic enemy hidden in the global infrastructure that employs horrific tactics that Americans are simply unable to stop without committing their own war crimes and direct violations of the Geneva Convention.



Many Americans assume that we are in Afghanistan and Iraq fighting suicidal terrorists who are extremist Islamic fundamentalists that hate of our democratic freedoms. We have heard about the promise of instant entry into paradise as a reward for killing infidels as a way to explain the suicide bombings, a concept that is foreign to our way of thinking.

The reality, however, is more complex. Robert Pape, author of a book entitled "Dying to Win,” explains the strategic logic of suicide terrorism. Pape has collected a database of almost every major suicide terrorist attack through 2006, over 1000 of them. His conclusions are enlightening and crucial to our understanding the true motivation behind the attacks against Western nations by Islamic terrorists.

In his exhaustive study, Pape unveils some very important facts and conclusions. 

First, religious beliefs are much less important than supposed. For instance, the Tamil Tigers in Sri Lanka, a Marxist secular group, are the world's leader in suicide terrorism. And other than Saudi Arabia, the largest Islamic fundamentalist countries have not been responsible for any suicide terrorist attack. None have come directly from Iran or the Sudan.

Between 1995 and 2002, the global al-Qaeda years, two-thirds of all terrorist attacks occurred in countries where the U.S. had troops stationed. And until the U.S. invasion of Iraq, Iraq never had a suicide terrorist attack in all of its history. But after 2003, once the US military occupied Iraq, almost all of Iraq's suicide missions were carried out by Iraqi Sunnis and al Qaeda recruited locals. Moreover, 15 of the 19 participants in the NYC 9/11 attacks were Saudis, where we also have US military bases.

Occupation is terrorism's strongest motivation

According to Pape, the strongest motivation for terrorism and suicide bombings is not religion but rather a desire "to compel modern democracies to withdraw occupying military forces from territories the terrorists view as their homeland." If stopping suicide terrorism is an objective we truly seek as a nation, a solution is available to us: Cease the occupation of foreign lands, and most suicide missions will also cease.

Again, the proof is in the pudding. Between 1982 and 1986, there were 41 suicide terrorist attacks in Lebanon. Once the U.S., the French, and Israel withdrew their forces from Lebanon, there were no more terrorist attacks. The reason the attacks stopped is that the Osama bin Laden’s of the world could no longer inspire potential suicide terrorists despite their fanatical religious beliefs.

Pape’s research indicates that the longer and more extensive the US occupation of Muslim territories, the greater the chance of more 9/11-type attacks on the U.S. 

Americans need to wake up and look at reality. It is time for a major strategic reassessment of our imperial policy of foreign interventionism, occupation, and nation-building. It is in our national security interest, our domestic economic interests, and in the interest of world peace to do so.

It is for this reason that the election of John McCain as President of the United States would be a step in the wrong direction. McCain, being a military man, believes it is normal to have US military bases in Islamic countries. Unfortunately, under a military minded McCain foreign policy, we are more likely to see a continuation of very ugly terrorist acts against the United States (at least compared to the possibility of a more international negotiating Barack Obama presidency).

Of course, American voters and consumers are ultimately responsible for our bogus wars and aggressive overseas interventions as it is our gluttonous consumption of global natural resources that gives justification to a military-corporate controlled White House to implement a belligerent US foreign policy.

Is it not telling that the United States is 5% of the world’s population yet consumes 25% of the world’s natural resources? Is it not telling that the United States alone accounts for 50% of all the world’s military budgets combined? Additionally, our continued dependence on fossils fuels as our primary energy source only adds to the justification of a militaristic foreign policy.

Think about our children's future first



An old comedian once quipped: “Old soldiers never die – because it’s the young ones doing all the fighting.”

War, if unavoidable, should never be decided by what old people want in their future. War should be decided by what we don’t want our children to live with in their future. Personally, I am sick and tired of seeing our children sent off to die because of an ignorant militaristic United States foreign policy decided on by angry men and directed by weapons manufacturers, oil companies, and other mercenary corporate masters.

Terrorism against the United States is something we can mostly alleviate by simply getting our military out of Islamic countries. But we can only do so if we intelligently curtail our consumption of global natural resources. By reducing our global natural resource consumption, we send a message to corrupt power hungry politicians that war is no longer necessary to guarantee the American lifestyle.

And come November 4, we can start by NOT voting into the White House an old military man who believes it is his turn to be President and run the military. The truth is if we as a country really want to eliminate terrorism against us, we would have a better chance succeeding with Barack Obama as President.

Heck, even General Colin Powell now supports Mr. Obama for these same reasons.

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.

Thousands $$$ Pouring in to Pro Bond Group

More than 70% of contributions are from sources outside the county

From the Texas Ethics Commission comes this campaign finance report for the pro road bond group called Hays Families for Safe Mobility ...

Campaign treasurer: Amy Parham, Kyle, Tx 512.558.1524

Contributions period covered: Aug. 18, 2008 to Sept. 25, 2008

Total political contributions: $20,225.00
Total political expenditures: $10,500.00

Contributors:

Chuck Nash, San Marcos, Tx., $1,000
Chris Harkrider, Buda, Tx., $100
Walton Texas, LP, Phoenix, Az., $5,000
Hancock/Hanks Investments, Ltd., Austin, Tx., $2,500
Marc Rodriquez, Austin, Tx., $500
Michael & Nora Moeller, Wimberley, Tx., $1,000
John Weisman, Uvalde, Tx., $3,000
Niece Equipment, DelValle, Tx., $1,000
Texana Machinery, San Antonio, Tx., $500
Tex-Best Travel Ctr, Inc., McAllen, Tx., $5,000
Heldenfels Enterprises, Inc., San Marcos, Tx., $500
Ignite Consulting, Austin, Tx., $3,500
Opinion Analysts, Austin, Tx., $7,000
___________________________

Editor's Note:






















Should not necessarily be associated with any of the contributors listed above

An Open Letter: Risky Road Bonds

Dear Editor,

Over 70 percent of the road bonds on the Nov. 4 ballot have an untested financing mechanism that gambles on future growth over the next 20 years. It turns Hays County into a speculative road district that needs new growth. If that growth doesn't come, then it falls on us.

Rather than roads, let's focus on the ever increasing challenge of providing an adequate water supply, which is only aggravated by more development, brought on by more roads.

Vote against the road bonds. We need and want incentives and tax breaks for more (dare I say a minimum) rain water collection systems for any new developments in Hays county. I'm voting against the road bonds. Are you?

Ed Pope
Hays County Resident

Say Again? . . . A $207 Million County Road Bond in the Middle of a Financial Meltdown and Taxpayers Already Exhausted

Some on the commissioners court will stop at nothing to share the prize with their special interest pals

Email your comments and news tips to online.editor@valleyspringcomm.net
or pstern@austin.rr.com

By Peter Stern

Do Hays County Commissioners even see our failing economy? Do they not see that our country, and the world's economies, are in the midst of a long term financial crisis?

Do they realize that taxpayers are overburdened already without throwing out more money for issues like the latest interest in an Elected Officials Compensation Plan and the extravagant proposal for road bonds?

Yes, elected officials should be "compensated" adequately. But NOT NOW!

We just raised the pay of our law officers, which was needed. Our teachers also should be compensated. And county taxpayers need overdue tax relief.

In May of last year commissioners tried to get a bond package approved by voters that was $170 MILLION and it failed at the polls, by a significant number.

But that didn't stop our commissioners.

This year a similar package valued at more than $207 MILLION has been proposed by commissioners (that is overtly being pushed by at least two commissioners) under the premise that the plan was developed by a "Citizens Advisory Committee," whose members, by the way, were appointed by the commissioners court.

In an economy that is failing Americans at the national level, which has trickled down to the local level, do we really want to keep on spending MORE tax dollars?

While some of these issues may well be important to review, do we have to throw out more tax dollars at this time? Couldn't we wait a while for the economy to improve? Or aren't there other, less expensive alternatives that would resolve a few of the issues instead of all of them at additional astronomical costs to overburdened taxpayers?

We should avoid approving extravagant road bond packages and cut spending on issues and programs that are not urgent at this crucial period of economic uncertainty.

Spending huge amounts of our tax dollars at this time is just plain foolhardy.

In a nutshell:

– The road bond package was voted down last year because the majority of voters did NOT want it.

– TxDOT makes many promises it CANNOT keep, including paying back money it does NOT have. (TxDOT is under investigation for fraudulent activities and corrupt mismanagement by our Texas Legislature and Sunset Advisory Commission. Can we trust TxDOT to reimburse the county? With the help of the Senate Transportation Committee, we were able to get TxDOT to resurface FM 1826 correctly, BUT TxDOT forced the county to pay TWICE to do the job CORRECTLY once.)

– $207 MILLION for building, widening and improving roadways IS TOO MUCH to spend on our roads, especially during this terrible economic time.

– There are other less costly options to make our roads safer that should be explored instead of spending that extreme amount of our tax dollars, which are needed elsewhere throughout the county. [How about a $100 million tax reduction package to help stimulate the local economy?]

– Where do the tax increases stop for Hays County residents? First this bond issue, then a few more school bond issues, then yearly appraisal value increases and top it off with a once-in-a-while tax rate increase?

Currently every month 90 to 100 homeowners lose their homes to foreclosures. Do you want to add to that record high number of foreclosures by continuing to overtax your neighbors?

Road Bond Proposition, the sequel, is not a great idea at the present time. I get the feeling most Hays County taxpayers and residents would agree. The message was pretty evident in the last election for Road Bond Proposition 1 when voters shot it down.

But, hey...

Some members of the commissioners court and road developer special interests can try it again next year, and the year after that...and the year after that.

Mr. Stern is a Driftwood area resident and frequent commenter on local political issues. His articles appear in a variety of local and regional venues.

A Tangled Tale of Church, Taxes and Local Politics

Questions loom over handling of Wimberley Baptist Church on Hays County tax rolls

Email your comments and news tips to online.editor@valleyspringcomm.net
or codell@austin.rr.com

By Charles O'Dell, Ph.D.

Hays County Precinct 3 Commissioner Will Conley, who lives in Wimberley, wants county taxpayers to purchase from Wimberley Crossroads LLC, the old First Baptist Church property in Wimberley for a cool $2.4 million, spend $600,000 more on renovations and convert the church sanctuary into a combination Precinct 3 county government center and Wimberley city hall.

There are unsettling, even unsavory circumstances surrounding this project that county taxpayers, Wimberley citizens and members of the First Baptist Church need to know about. What follows is based on official records obtained through open record requests.

It began two years ago as a questionable church insider transaction, but quickly turned into favorable tax treatment by the Hays County Central Appraisal District, and two years later an attempt by Precinct 3 Commissioner Conley to make a killing for the LLC insiders at taxpayer expense.

The church sale

According to public records, the Wimberley First Baptist Church (WFBC) on July 25, 2006, sold all of its church property located on 6.5 acres at 501 Old Kyle Road to Wimberley Crossroads, LLC for $350,000 in cash and a note for $1 million.

Wimberley Crossroads LLC consists mostly of Wimberley insiders, some of whom are reported to be members of the WFBC, so the sale can’t be considered “arms length.” As if to emphasize that, Michael D. Stevens, a Wimberley attorney represented both sides of the transaction between WFBC and Wimberley Crossroads LLC.

Martin. T. Fulfer, co-manager of Wimberley Crossroads LLC, holds a 30 percent interest in the church property. His Wimberley realty company, Star Realty, is handling the proposed $2.4 million sale to the county and stands to receive a six percent commission.

Making tax deals

The sale of church property to a limited liability corporation in 2006 should have triggered a change on the Hays County Central Appraisal District tax role from tax-exempt status to taxable property.

In the two years following the sale, the Appraisal District taxed the LLC for only the appraised land value, and that value remained constant since before 2005, at $369,210. How, one might ask, could the LLC appraised land value remain constant for more than four years while other county appraised land values rose over 20 percent?

The church property improvements were missing entirely from the Appraisal District tax rolls until June 4, 2008, when the county tax assessor, who serves on the Appraisal District board, was notified of the deficiency.

An initial District appraisal conducted on June 6, 2008, using an approved Religious Building cost calculation method, valued the total property at $3.34 million. An internal action taken by Chief Appraiser, David Valle, reduced his own appraiser’s value to $1.9 million. We found no explanation for Valle’s action documented in the official records given to us.

On July 11, 2008, attorney Michael D. Stevens, still representing both sides, protested the $1.9 million appraised value, arguing that it was more than the insider sale price.

In his cover letter to Valle dated July 11, 2008, attorney Stevens states:

“I have been waiting on the adjustment to be made and was quite surprised to see that it had been raised to well above our sales price.”

Records show the Appraisal District board did not hold a protest hearing regarding the second downward appraisal value adjustment. Instead, there was a closed door agreement reached between Chief Appraiser, Valle, and attorney Stevens, and the new appraised value was placed at $1.35 million, which included reducing the LLC appraised land value 25% to $276,910.

In response to our open records request, Chief Appraiser Valle requested a Texas Attorney General opinion on whether he must reveal actual sales documents produced by the Wimberley Crossroads LLC and used by Valle to selectively reduce the Wimberley Crossroads LLC property tax appraisal to $1.35 million.

Local politics

Wimberley Crossroads LLC is asking for, and Commissioner Conley is supporting a purchase price of $2.4 million for property the Central Appraisal District now appraises at $1.35 million. This would generate a windfall profit for the six LLC partners and cost county tax payers a bundle.

On June 10, 2008, Commissioner Conley held a public hearing in conjunction with the City of Wimberley, proposing the county purchase the Wimberley Crossroads LLC property for a price of $2.4 million in an “as is” condition. An estimated additional $600,000 would be required for renovation. More than $10,000 of public funds have already been spent by the county and Wimberley for so called due diligence.

Following eight months of his “due diligence” and behind the scene discussions, Conley called for a public meeting on June 7, 2008, to reveal his “vision” for county taxpayers.
About a dozen members of the public attended, as did a half dozen First Baptist Church insiders and an equal number of public officials. These included Hays County Sheriff Allen Bridges, Tax Collector Luanne Caraway, Precinct 3 Constable Darrell Ayers, and of course, Commissioner Will Conley.

At a minimum this proposed purchase brings into serious question Commissioner Conley’s judgment. It also raises real questions about his intentions. Fortunately for county tax payers, Conley hasn’t yet persuaded his commissioners’ court majority partners, Barton and Ingalsbe, to go along with this outlandish project.

How Conley runs his car wash in San Marcos is none of our business, but how Commissioner Conley spends our tax dollars certainly is, and I vote no.

This sorry episode also raises serious questions about how our Chief Appraiser is conducting the county’s business, and whether ordinary tax payers are carrying a larger share of the tax burden than those with connections.

The deal with church insiders is for FBC members to straighten out among themselves.

We believe there is more to this tale of church, taxes and local politics, and we will keep digging.

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.

Hays County Can’t Afford a Biased District Attorney

In road investigation public information requests, Tibbe provided 79 documents, many of which are irrelevant

Email your comments and news tips to online.editor@valleyspringcomm.net
or codell@austin.rr.com

By Charles O'Dell, Ph.D.

I am greatly disappointed by the incomplete and sloppy investigation by our Hays County District Attorney, Sherri Tibbe, of two citizen complaints. Both complaints dealt with the use of county equipment, materials and personnel on private roads.

Based on Tibbe’s shallow investigation and flimsy legal conclusions published in two letters to Judge Sumter dated Sept.15, 2008, HaysCAN made a Public Information request asking for “All documents and correspondence that you relied on to reach the conclusions contained in your two letters responding to Judge Sumter’s requests referenced above.” Tibbe provided 79 pages of documents, many of which are irrelevant.

HaysCAN asked several attorneys to review Tibbe’s two legal opinions.

The complaint against Precinct 1 Commissioner Debbie Ingalsbe involves a two-mile-long private road on a development tract that earlier this year was annexed into the City of San Marcos limits at the request of Loomis Partners, formerly Loomis Austin.

A private property sign is clearly visible on the entry gate to a road in Precinct 1 that was recently upgraded and repaired by county road crews.


Following her investigation, Tibbe wrote
in her response to Judge Sumter that
work being performed at 2801 CR 621 in Hays County “ involved a county road crew performing maintenance on a road that leads to an historical cemetery.

Tibbe bases her legal opinion on Section 713.028, Texas Health and Safety Code that says, “…the county can use public funds, county employees,…and county equipment to maintain a cemetery that has a grave marker more than 50 years old.”

There is nothing explicit or implied in this statute about maintaining a private road. This private road is not a road to the cemetery, and all the attorneys I contacted gave the same opinion that this statute does not authorize work on a private road.

Tibbe failed to produce a copy of Commissioners’ Court minutes showing the Court authorized the work on either the road or the cemetery. Nor did she produce any official documents to verify her claim that the county has maintained both the cemetery and the road for many years.

Instead, Tibbe included an e-mail in which Lila Knight claims, “The road that County Commissioner Ingalsbe is accused of paving was done so at the request of the Hays County Historical Commission some years ago.” The Hays County Historical Commission has no authority to order any County road work. Only County Commissioners’ Court can lawfully authorize special work by the County road department.

Pct. 3 road leads to a gate with a no trespassing sign

The Precinct 3 complaint also concerns County equipment, materials and labor being used on Little Ranches Road, a private road section otherwise known to locals as 'Old Bumpy'.

Tibbe cites Texas Transportation Code Section 251.012 for justifying Commissioner Conley’s use of county equipment, materials and manpower to work on the road. This statute requires three official actions:

– A finding by Commissioners’ Court that work on a city road benefits the county.
– A Commissioners’ Court action to use county resources on a city road.
– Approval by the Wimberley City Council that the county should do the work.

Tibbe said she relied on minutes from Commissioners’ Court dated August 31, 1984, and a telephone conversation with former Pct. 3 Commissioner Craig Payne to determine that the 1400-foot road section in question had been approved for County maintenance. She did not provide us with the Court minutes or the notes of her telephone conversation with Payne.

If the road was authorized for County maintenance, why does it currently have a gate and a No Trespassing sign, and why has the County not maintained it since 1984?

Has Tibbe fallen in with the good ol' boys?

The Texas Transportation Code also requires approval by the Wimberley City Council to make the road improvements, but the Council never has taken that action. In fact, the City is requesting assurances about who owns the property. Is it a County road, a City road or a private road?

Based on our review of documents provided to us and on attorney review of Tibbe’s two opinion letters, the investigation appears to have included a few phone calls, a trip to the cemetery, hearsay testimony and reliance on irrelevant statutes. Some official documents that Tibbe claimed she relied on to form her conclusions were not included in her response to our open record request.

Tibbe is free to pick and choose which complaints she investigates as District Attorney, but she is bound by law and by her professional code of ethics to fully and rightfully research those complaints that she chooses to investigate. Tibbe is also required to obey the Public Information Act.

Tibbe seems to have turned a blind eye to two County Commissioners providing favors in an election year by using public resources on private roads. She seems to go out of her way to protect the two.

No one is above the law, and for the District Attorney to engage in such a slip-shod investigation is a dereliction of duty. It also leaves an impression that our DA is in cahoots with the good old boys. That would be a disaster for justice in Hays County.

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.

DA Tibbe Declares Road Work Legal, But Leaves Questions About Thoroughness of Investigation

Some requirements of the law simply were not followed by Conley, Ingalsbe, county commissioners court and the city of Wimberley

Email your comments and news tips to online.editor@valleyspringcomm.net

By Bob Ochoa
Online Editor

Hays County District Attorney Sherri Tibbe has determined that repair work by county road crews on two roads, one in Wimberly and one nearby San Marcos, was done legally.

“I conclude that there is no evidence of illegal activity,” Tibbe said in letters sent in September to Hays County Judge Liz Sumter.

Tibbe’s office began an investigation into the road work at Sumter’s request.

Sumter said she had received citizen complaints that Precinct 1 County Commissioner Debbie Gonzales Ingalsbe and Precinct 3 County Commissioner Will Conley had authorized work recently on roads believed to be either on private property or lying within the city limits.

The county has no formal agreements with either city to maintain roads within their city limits.

In her letter addressing the Precinct 1 road question, Tibbe explained that she had observed the maintenance work at 2801 CR 621 (Staples Road) east of San Marcos. “[T]here was a cemetary at the end of the road with grave markers more than 50-years old. The road has to be maintained in order to allow safe access to the county-maintained historical cemetery,” the letter states. “The county has maintained both the cemetery and the road . . . for many years.”

Tibbe cited a section of the Texas Health and Safety Code that allows a county commissioners court “to maintain a cemetery that has a grave marker more than 50 years old.”

Maintaining a historical cemetery's one thing, but a private road leading to it?

However, critics maintain that Tibbe provided a narrow interpretation of the law focusing only on allowing maintenance of the (historical) cemetery.

“I’d like to see how they get from the care of the cemetery to maintenance of the road to and from unless they are claiming the road was dedicated to the city or that it was an easement for using same,” said one source, who asked to remain anonymous.

A long time resident of the area told the View the road in question runs through the old Hillyard Farm and has always been considered a private road. In fact, said the resident, the entrance to the road is usually gated with a no trespassing sign on the gate. The resident said county crews have bladed the road to even it out, cleared brush from the shoulders and paved some portions.

Road runs through a prospective upscale development

The old farm property, about 563 acres, was annexed recently by the City of San Marcos. Loomis Austin (Loomis Partners), an engineering, surveying and environmental consulting firm requested the annexation. A representative of the firm informed city leaders in March of plans to develop the property with resort style homes and a golf course. The property is said to have a beautiful stretch along the San Marcos River.

Loomis also does contract work for Hays County, performing various environmental and habitat conservation studies. The consulting firm announced recently that it had brought on board former Hays County Commissioner Bill Burnett to direct business development operations for the company.

In her legal determination of maintenance work done on a short stretch of road in Wimberly under the direction of Precinct 3 Commissioner Conley, Tibbe said Conley had acted in good faith after discovering that the county had adopted the road in 1984.

“Commissioner Conley relied on minutes from Commissioner’s Court dated August 31, 1984, in which Precinct 3 Commissioner Craig Payne asked the Court to approve 1,400 feet of Little Ranches road for county maintenance,” Tibbe said. “. . . Commissioner Conley was attempting to remedy the County’s past failure to meet its obligations to maintain the road and provide a safe travel route for motorists.”

A county worker on Old Bumpy, which leads to a private road and a gated subdivision. Estimates of the county's investment range from $5,000 to $15,000.

The quarter-mile stretch of road, more commonly known as ‘Old Bumpy’ to Summer Hills residents, has a long and complicated history, made worse with Wimberley’s incorporation in 2000. Old Bumpy was included in the city limits but the question of maintaining the stretch remains unresolved to this day between the city and county.

Conley says he's working on an inter-local agreement with the city, but city officials have remained steadfast against taking on any maintenance responsibility, to the chagrin of neighborhood residents.

Old Bumpy connects with the north hilltop stretch of Little Ranches Road, and is now virtually the only entrance and exit for residents of the Summer Hills subdivision. A north exit private road formerly used by Summer Hills residents that traverses the Woodcreek Ranches subdivision is due to be gated to through traffic, according to one Summer Hills resident.

In her investigation, Tibbe said she spoke with Wimberley Mayor Tom Haley who she said did not object to improvements to Old Bumpy by the county on behalf of the city.

Wimberley, county failed to approve work on 'Old Bumpy'

Tibbe cited Section 251.012 of the state Transporation Code which allows a county to perform work on a street in a municipality “with the approval of the governing body of a muncipality.”

It has since been pointed out that while the mayor may not have objected to the work on Old Bumpy, the city council itself has not taken an official position, nor has it voted on the question. A 1999 amendment to the state Transportation Code also requires a finding by the commissioners court that the county will benefit by work done on a municipal road.

According to a county official, the work authorized by Commissioner Conley on Old Bumpy has not been approved nor authorized by a finding or a vote of commissioners court.

Calls were made over a two day period to the county’s road department chief, Jerry Borcherding, for an estimate of the amount of funds spent on upgrading the two roads, but had not been returned by press time.

PEC to Distribute $4.7 Million in Capital Credits to Eligible Members

Email your comments and news tips to online.editor@valleyspringcomm.net

Media Contact: Anne Harvey, (830) 868-4933; Austin line, (512) 219-2602

JOHNSON CITY – PEC will distribute capital credits to eligible members as credits on October electric bills. This distribution is a result of a decision made by Pedernales Electric’s Board of Directors to comply with terms of the pending settlement agreement and distribute capital credits, even though the settlement is currently being appealed. This first distribution will total approximately $4.7 million and is consistent with the pending settlement agreement of the lawsuit filed against PEC in July 2007.

Members whose accounts have a capital credit balance and who will receive a bill for electric use during October 2008 are eligible for capital credits disbursements. Plans for future distributions have not been finalized at this time.

Capital credits accumulate when revenues exceed expenditures; however, they are not held in an account as funds. Capital credits are either reinvested into utility infrastructure or returned to members when PEC’s Board of Directors determines it is financially feasible. This practice is in accordance with the capital credits policy stated in PEC’s Bylaws. PEC’s Board revised its previous capital credits disbursement program to comply with the pending settlement agreement.

For additional capital credits information, members may visit www.pec.coop or call PEC toll-free, 1-888-554-4732, for their capital credits account balance.

McCain/Palin So Unreal As To Be, Well, Unreal

Would you rather have a nice glass of smartly brewed Amber beer or cheap white wine in a plastic cup?

Email your comments and news tips to online.editor@valleyspringcomm.net or arrowbiz@austin.rr.com

By Rocky Boschert

As an independent voter and businessperson, I have watched McCain and Palin for the last few weeks with much amazement. Their campaign reminds me of a line in the Coen Brothers movie “Oh Brother, Where art Thou” when the corrupt incumbent southern Governor says incredulously to his son: “You dummy, we can’t run for re-election as a reform candidate when we’re the Party in power.”

McCain is just a shell of his old self

It seems the McPalin political stable and the Republican National Party will say anything to get the old guy elected. And if you watch John McCain closely, he seems almost a shell of his old self, both mentally and physically. He appears to be an increasingly frail man who is being worn down with this campaign. But being the soldier that he is, even at his age, he would never admit the physical and mental strain he is experiencing. Maybe because of his recent soulfully difficult compromises, McCain no longer exemplifies many of the values he was once known for. His speeches are riddled with regurgitated and contradictory campaign clichés that have 45% of the surveyed voters in the country proving how gullible and fearful they are. Just the fact he chose Sarah Palin as his VP mate shows how cynical McCain has become.

Another thing I noticed during the Republican convention is the attendees seemed to enjoy being lied to – over and over again. Yes, some Democrats are that way, too, but nothing like the Republican devotees. I’m trying to figure out why. Maybe they have kind of a “dysfunctional family” syndrome, where they have been abused so much by their own paternal and maternal leaders, it would be too disorienting to admit the lies.

Recalling who's been in charge

The way I see it, the McBush Republicans were in charge of national security when the 9/11 attacks occurred, they got us into Iraq, adopted torture, ran up a massive government debt (even more now after this banking bailout), filled the wallets of war contractors with our tax dollars, stood by and did nothing when a major city in the United States drowned, and now Wall Street is falling apart, a financial crisis largely fostered by Republican deregulators like ex-Texas Senator and current lobbyist Phil Gramm. You remember Gramm: “We are a nation of whiners.” I guess fat cats don’t whine.

Call me old fashioned but I believe political leaders deserve respect when they answer questions honestly and intelligently. The McPalin political machine, however, is just the opposite of integrity. And McCain/Palin seem to generate enthusiasm by answering questions with dishonesty, outdated platitudes, chronic flip-flopping, and bragging about stalling and fixing ethics investigations. In fact, both McCain and Palin stood up on national television and lied to their cheering supporters about the selling of the plane on E-Bay and then about earmarks. Although this is not a one party problem, Republicans especially don’t seem to care about facts. And they do it openly. Amazing!

Accelerating the lying game

Since the convention, McCain and Palin have continued to accelerate the lies about Barack Obama. They accused Obama of wanting to raise taxes on the middle class. In fact, Obama’s economic plan would only raise taxes on Americans making over $250,000 a year. One of the sleaziest McCain attacks accused Obama of backing a bill that would give young children comprehensive sex education. In fact, the bill Obama backed was designed to protect children from sexual predators. Both of these lies have been exposed as such in the September 20 edition (page 22) of the “Economist” magazine.

The old Republican Party, the one I once had respect for, used to believe in less government, supporting small businesses, no corporate welfare, and national defense (as opposed to attacking countries simply for oil and natural resources). You know, the Ron Paul message. Sadly, it now seems the Republican Party in power has gotten so confused they remind me more of Larry Craig than Ronald Reagan.

Here’s what’s at stake in this Presidential election: If the Democrats take the White House and keep the majority in Congress, they would hopefully reincorporate serious accountability and competent regulatory scrutiny over Wall Street. Hence, the Republican Party would face the probability of losing control of the US Treasury and the Federal Reserve Board – along with their ability to print money and hand out government bailouts and loans to their corporate cronies. I wonder what Republican voters think now about having their tax dollars used by their own to bail out their own on Wall Street?

Palin, the saddest commentary

In the end the saddest commentary about the current version of the Republican Party is the selection of Sarah Palin as the VP pick, or as one commentator called her “Bush in Drag.” To be sure, the Alaskan oil Governor and helicopter animal sniper is a smart opportunist who says the right things. She also has a scary power lust. But let’s face it: the selection of Sarah Palin as VP choice is a farce. By choosing Palin, John McCain is saying very loudly to the American public that he no longer cares about national security. At his age, if McCain were to win in November and then die in January, who would feel safe with President Sarah Palin in a world of global terrorism, huge global economic change, the increasing occurrence of hurricanes and natural disasters, Russia’s renewed global aggression and Pakistan with nuclear weapons? It simply shows what a cynical figure John McCain has become. And if you believe you would feel safe with a President Palin, I have some mortgage default swaps I want to sell you.

Winston Churchill once said: “Americans always do the right thing after they have exhausted all of their options.” This is exactly where the United States is at now. If somehow independent swing voters in the crucial states are not quite fed up with the Republican Party’s self-enriching solutions to America’s problems and vote in the McPalin ticket, you can be sure they will finally be exhausted in four years. In fact, one could say the same thing about most of the upcoming State and local elections as well.

Voting for President of the United States in November is akin to a culinary choice. Would you rather have a nice glass of smartly brewed Amber beer or cheap white wine in a plastic cup? I believe the latter would leave a very bad aftertaste.

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.

FYI: "We Do Not Support Government Bailouts of Private Institutions"

Taken directly from the 2008 Republican Platform:

We do not support government bailouts of private institutions. Government interference in the markets exacerbates problems in the marketplace and causes the free market to take longer to correct itself. We believe in the free market as the best tool to sustained prosperity and opportunity for all.

Our Vanishing Water Supply: The Risks of Overuse, Waste and Reluctance to Convert to Rainwater

Email your comments and news tips to online.editor@valleyspringcomm.net
or to jhollon37tx@yahoo.com

This is the first of a three-part series on water loss in the Cypress-Blanco-Wimberley Valley. Part two will examine huge
water loss problems in Woodcreek and Wimberley.
The final segment will focus on actions we need to take.

By Jack Hollon

Early settlers in the WimberleyValley chose locations that gave them ready access to water. Spring water marked by purity and good taste was preferred, but water from any of the Hill Country streams was considered drinkable under most conditions. Cypress Creek was noted for its main source, the great spring called Jacobs Well, but was also fed by numerous smaller springs, some in the streambed and others along the banks.

Water for use in homes along area creeks could be brought from a spring or creek in buckets. If there was no spring handy to the home site, a shallow hand-dug well would usually reach the water table and provide water.

As the surrounding landscape and watersheds were transformed by clearing timber, plowing, and grazing – often involving severe over-grazing and exposure of soil to erosion – there was a loss of top soil and the grass cover which helps capture water for the aquifer. The water table began to decline. Springs along the creeks began to dry up and wells had to be dug deeper. This loss of topsoil and deep-rooted grasses in the Hill Country may have been a larger factor in causing springs to dry up than the infestation of cedar which is often blamed for our water problems.

Technology, deeper wells and water suppliers

With the advent of technology and machinery that could dig deep wells, water could be provided at almost any location in western Hays, and windmills to pump these wells began to mark the landscape. As electric power became available, more and more wells were drilled and equipped with large electric-powered pumps. By mid 20th Century, most area ranches and homes were supplied by individual wells, pumped by wind or electricity. Where convenient, a well could serve two or more homes.

In the past half century we have seen the introduction and spread of Water Supply Companies of various sizes to supply water, replacing individual well systems in many cases. Wimberley Water Supply Co. was created in the 1960s as a cooperative to supply the Village and surrounding area homes and businesses. Many later developments were planned with a water company to provide water right from the beginning. Woodcreek had its own water utility which, at a later time of financial stress and “reorganization,” was sold to Aqua Source, later to become Aqua Texas Inc. Wimberley Water and Aqua Texas are the two largest water suppliers in the Valley; they serve over 3,100 connections. These include some large water users like Deer Creek Nursing Center, Rio Bonito, and the WISD campuses. An example of a smaller supplier, such as the Cedar Oaks Mesa WSC, serves only residences and the clubhouse facilities, about 200 connections.

Obviously, these water distribution systems have many strengths and advantages in providing water for human life and the economy. A company run by professionals not only provides water, but also a sense of security and well being. Next to air, water is most essential for life. Thus, a company that can reliably provide abundant pure water at a reasonable price will be highly valued and regarded.

Security and dependability are purchased at a price however. Reluctance to become the responsible and independent provider that, say, the rainwater system owner must be, is undoubtedly one of the chief obstacles to increasing the use of rainwater systems (which some regard as a necessary transition if we are to preserve springs and streams and, indeed, our present well systems).

Outgrowing our groundwater supply, living on the edge

This leads us to a cautionary note about supplying water in an ever-more-crowded Hill Country.

Water supply, once treated as unlimited, has grown more and more valuable. Water scarcity is part of present reality. Many springs and streams we once took for granted have either become intermittent, or have dried up and vanished. The trend lines for many of the wells that our groundwater conservation district is monitoring in western Hays show a downward slope. Jacobs Well stopped flowing for several months in the summer of 2000 (a first since Europeans arrived), after a drought of less than two years duration.

The demands of population growth and the values we wish to preserve in this place are colliding, forcing us to look at water supply and use in a completely new way. This re-evaluation is reinforced by our geography: we live on the edge of the great southwest desert, a region of feast and famine, flood and drought. Newcomers to the area need to learn this geography and history fast. We must plan with adequate margins for drought and error, even as we reinforce a new ethic about waste of Hill Country water: No water to waste. The bright side of this picture is the amply-demonstrated possibility of living quite well on a very conservative water budget.

Now back to our Water Supply Companies and the largely invisible water loss problem that seems to be part of delivering water by extensive pipe networks: In many cases, the water pumped from the aquifer exceeds the volume of water delivered to the customers by an unacceptable amount. The difference between what is pumped and what is sold will never be zero, but when the difference is largely due to leaks, and when these numbers are out of bounds, lying in the 20 percent to 40 percent range, there is a problem that demands attention. And we can no longer afford to treat such wasted water as a “free good,”ignoring the problem.

Jack Hollon is a long time Wimberley resident. He represents the Wimberley area on the Hays Trinity Groundwater Conservation District board of directors.

Developers Latest Attack On Hays Subdivision Rules . . . Affordable Housing

And the special deal Drippings Springs granted
to one developer

Email your comments and news tips to online.editor@valleyspringcomm.net or
codell@austin.rr.com


By Charles O'Dell, Ph.D.

Development interests have long whined, complained and sabotaged efforts to enact responsible development regulations throughout Texas, and now they are focusing on Hays County. Their cry is, “To ensure affordable housing you cannot adopt provisions that would increase our development costs.”

Don’t be confused or fooled by such nonsense. Affordability is determined by household income. Cost of houses is determined by development costs and profit margins. If allowed to operate, market competition will keep costs and profits at the lowest possible level. Raising household incomes requires other measures.

Development regulations are rules adopted to support community vision and to protect the public health, safety and welfare. Regulations that protect homebuyers and the community create immediate and long-term value.

There are two major issues in particular that development interests have long opposed and are now trying to undermine. They oppose (1) increasing the minimum lot size and (2) prohibiting increased volume and rate of storm water runoff onto neighboring property from new development. They claim that improving these measures will threaten affordability of new houses.

What Affordable Means to Developers

No developer willingly sells a house for less than it cost to build, whether a lower-cost manufactured house, a million dollar custom house or any price range house in between.

Developers build houses they can sell in the market place, and they will build those houses most profitable for them to sell. The higher the price…the higher the profit.

Developers earn higher profits with densely spaced high price homes such as these in an upscale Dripping Springs subdivision. But they also result in higher taxes for everyone to support additional infrastructure needs such as new schools, emergency services and road maintenance.

The claim that lowering the minimum lot size will lower land cost for each house and therefore make houses more affordable is bogus. Affordable housing is a matter of household incomes, not the cost of houses. Builders can build houses that are affordable to lower income families, but it’s more profitable for developers to build higher priced houses.

Developers should not be allowed to diminish development regulations, and thereby the quality of houses and communities, under the guise of building affordable housing.

The prices developers pay for raw land is primarily determined by the minimum lot size allowed in development regulations, and the price range of houses the developer intends to build and market. Higher development density and higher house prices result in higher price paid for raw land, and thus a higher cost per acre.

Much of the cost savings realized from higher density development goes into higher developer profits. How much depends upon the level of market competition that exists. Development agreements interfere with market competition because government agrees to selectively change the development rules.

If a developer is able to increase density through a development agreement, he gains both an unfair competitive market advantage and a significant opportunity for windfall profits.

Selectively Changing the Rules and Non-enforcement

Imagine a football game being played without rules or without referees to enforce existing rules. The game would be chaotic and the score would be meaningless. Every responsible businessman will tell you that it is far more important that all competitors play by the same rules, no matter what rules are in place.

Twenty eight diverse individuals representing a larger number of public stakeholders worked over 2,000 hours during 16 meetings over many months. Our goal was to bring the old Hays County development regulations into conformance with today’s best management practices that respected property rights and long-term community interests.

Determining a Fair and Rational Minimum Lot Size

About eighty percent (80%) of households in Hays County depend on groundwater (wells) for their water needs. The stakeholders discussed various approaches to ensuring that all users of groundwater received their fair share, and that the existing supply of groundwater was not over pumped to the detriment of everyone.

Our consensus solution was to rely on the principle of “correlative rights” associating groundwater usage with rainwater recharge. The most logical, fair and responsible minimum lot size was determined to be that size lot that represented an area of groundwater recharge associated with the amount of groundwater usage by a typical household. If a household required more water than the minimum lot size would recharge, then use of supplementary rainwater harvesting was encouraged.

Do No Harm to Your Neighbor or Community

Regarding impact of new development on down stream property owners, stakeholders agreed to the principle of no increased rate or volume of stormwater discharge from new development.

Under the old rules, more and more downstream property owners find their homes are becoming located in expanding floodplains as new upstream development occurs and the rate and volume of stormwater discharged from those upstream properties increases.

Dripping Spring's variances to developer earned city millions

In 2000, California developer Makar Properties LLC entered into a development agreement with the City of Dripping Springs that contained over 100 variances from the city’s development ordinance.

Through secret efforts by then City Attorney and Pct. 4 Justice of the Peace, Rex Baker, Markar purchased the 1,600 acre ranch at a market price based on density prescribed in the Dripping Springs subdivision ordinances, and a price mix of houses that Makar planned to build and market. In this case, houses are priced from $240,000 to one million dollars.

The development agreement with Dripping Springs allowed Makar to build more homes than could have been built under the city’s ordinances, so by their action the Dripping Springs City Council awarded Makar an unfair competitive advantage and an opportunity for windfall profits. The City’s incentive was a $500 lot impact fee the City would receive for each of the 2,000 houses, and a 4% payment, up to $1,000,000, based on the developer’s utility infrastructure cost.

In effect, the Dripping Springs city council sold unfair competitive development rights on 1,600 acres of its unusually large 75,000 acre extraterritorial jurisdiction (ETJ). The city of 1,500 is poised to receive upwards to $11,000,000 in development fees for which they have zero cost.

Density for sale in the Dripping Springs ETJ

Instead, 30,000 citizens in the ETJ pay for the high density impact with higher school taxes, higher road taxes, higher emergency taxes, and inherit all the problems associated with the high density development while city officials expand City staff, raise salaries and health benefits, and embark on building an expensive central sewer system that serves only a third of the City.

Higher density and resulting increased annual property taxes do not make houses more affordable.

What You Can Do

Special interests are lobbying Hays County Commissioners’ Court to eliminate important provisions from our revised county development regulations that a county-wide stakeholder, science based process determined would protect home buyers and our communities. This process was open to everyone, including the special interests.

Contact your elected officials and tell them not to give in to special interests who want to diminish our revised development regulations that were publicly vetted and designed to protect individual property rights and community health, safety and welfare.

County Judge Liz Sumter (512) 393-2205
Pct.1 Commissioner Debbie Gonzales Ingalsbe (512) 393-2243
Pct 2 Commissioner Jeff Barton (512) 262-2091
Pct. 3 Commissioner Will Conley (512) 847-3159
Pct 4 Commissioner Karen Ford (512) 858-7268

Major development interests include landowners, developers, engineering firms, road builders, home builders, mortgage firms, realtors and of course attorneys and others, including some elected 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.

PEC Board Lines Up Against Sale To New Jersey Company – Who Knew?

Other news: Customer-members used 500 million kilowatt-hours in July '08, a 22% increase over last year, and PEC's traditional annual picnic and Christmas party are cancelled

September 16, 2008

MEDIA CONTACT: Anne Harvey, (830) 868-4933; Austin line, (512) 219-2602

JOHNSON CITY – At its Sept. 15 meeting, the Pedernales Electric Board of Directors, with full support of the members in attendance, unanimously voted to approve a “declaration that PEC is not for sale.” The declaration supports General Manager Juan Garza’s earlier actions in declining an offer submitted in August to purchase PEC.

“This is certainly not anything even worth considering,” stated PEC District 7 Director Dr. Patrick Cox. “I think we’re going to very definitively say today, when we take this vote, we are definitely opposed, in all shapes, forms and fashions, to any proposal to sell Pedernales Electric Co-op.”

PEC Board President R.B. Felps agreed. “We were elected to run the business; we were not elected to sell it,” Felps said.

Garza recently received an offer by letter from New Jersey-based Quentin Capital Management LLC to purchase the Cooperative, which he turned down Aug. 22 after discussing the offer with the PEC Board. Quentin Capital first approached Garza in June in Washington, D.C., where he was providing testimony in support of the Cooperative’s reform efforts.

The PEC Board responded to this and any other potential offers by passing a resolution stating that the Cooperative is not for sale, and also made a motion to create policy and update PEC’s bylaws to establish procedures for reviewing qualified offers. All 14 Directors in attendance stood and were applauded for taking a united stance against the sale of the Cooperative. In a symbolic move, Advisory Directors also showed unified support against a sale through a show of hands.

Before the Board made public their stance against the sale of PEC, several members also spoke out against the sale.

'Sale of PEC would be of no benefit to members'

“The sale of the Cooperative and conversion to an investor-owned utility offers absolutely no benefit to the membership, and in the long run, means that Cooperative members will pay substantially higher prices,” PEC member Jerry Thomas related to the Board. “The interests of this venture capital group and the membership are not aligned in this proposal. The investment group wants to make a profit, paid for by the membership. The membership’s interest is in quality service and reasonable rates, which we already have. I believe that the Cooperative should not be for sale today, tomorrow or ever, at any price.”

PEC member Carlos Higgins agreed, saying, “I couldn’t agree more that it would be foolish to sell it.”

Other members commented on PEC’s Interconnection Policy and thanked the Cooperative for recent changes in policy and governance.

Rebates to businesses for lighting efficiency

The Board also approved a revision to PEC’s Commercial Lighting Rebate Program to encourage participation, lowering the minimum electric demand reduction requirement by more than half, from 50 kilowatts to 20 kilowatts. This conservation-driven program, part of PEC’s Green Works initiative, offers PEC members rebates for installing energy-efficient lighting in their existing commercial buildings and in new commercial construction within PEC’s service area.

In other business, the Board passed a conservation resolution to formally state PEC’s goal of achieving “up to 20 percent reduction in the electricity requirements of residential and commercial users.”

In addition, the Board passed a motion to assign PEC’s right to allow other utilities receiving power from the Lower Colorado River Authority to utilize the 10 percent portion of wholesale power that PEC’s contract with the LCRA allows to come from other generators. PEC’s membership benefits from this measure because it gives PEC the opportunity to purchase 100 percent of its electricity from the LCRA, which is currently less expensive than purchasing power on the open market.

PEC District 5 Advisory Director James Spellman thanked PEC employees for their initiative in requesting that their traditional employee picnic and Christmas party be cancelled this year in response to current economic conditions and members’ increased costs for electricity.

Building on the open meetings and open records policy passed in their August meeting, the Board approved a motion to provide to members and meeting attendees packets of information outlining items the Board considers at its meetings. The Board also revised the practice of reporting invoices received by PEC to the Board to increase the minimum dollar amount to $10,000.

Co-op's assests increase by $75 million

PEC Accounting Coordinator Monica Williams reported that PEC’s assets have increased $75 million in the last seven months to $1.295 billion, and PEC members used approximately 500 million kilowatt-hours in July 2008, a 22 percent increase over 2007. Williams also noted PEC will have to consider in October a half-cent per kwh increase in wholesale power costs from the LCRA, adding that purchased power costs increased 32 percent from July 2007 to July 2008.

Cox provided an update on the progress of PEC’s new open records and open meeting process, stating that other cooperatives and legislators have expressed interest in learning more about the policy. Cox also reported that the Board’s Governance Committee is beginning preparations for the 2009 Board election.

Garza presented for Board approval the confirmation of Luis Garcia as Interim General Counsel, which the Board unanimously approved. Garza also gave a report stating that PEC is not involved in any settlements with appellants as previously reported, and gave information about the Cooperative’s emergency operations related to Hurricane Ike, including the release of 50 contract crews and 15 PEC employees to aid utilities affected by the storm.

The Board’s final action was to approve holding the next Board meeting Oct. 20 at 10 a.m. at the Hays CISD Performing Arts Center, located at 979 Kohler’s Crossing in Kyle. A map to the meeting location will also be made available at www.pec.coop or mailed upon request.