THE OFFICIAL EARTH DAY 2010 CAMPAIGN - April 22, 2010

Note: See what's going on at the Earth Day network. Planting trees and SOLAR POWER are biggies. How 'bout it, PEC? Other sites and activites: texasishot.org and the Hill Country Conservancy's cool partnership with HEB

Forty years after the first Earth Day, the world is in greater peril than ever. While climate change is the greatest challenge of our time, it also presents the greatest opportunity – an unprecedented opportunity to build a healthy, prosperous, clean energy economy now and for the future.

Earth Day 2010 can be a turning point to advance climate policy, energy efficiency, renewable energy and green jobs. Earth Day Network is galvanizing millions who make personal commitments to sustainability. Earth Day 2010 is a pivotal opportunity for individuals, corporations and governments to join together and create a global green economy. Join the more than one billion people in 190 countries that are taking action for Earth Day.

PEC announces slate of 13 for Board of Directors election

Information about the election, including maps outlining directors’ district boundaries, is available on www.pec.coop

Note: PEC's Board of Directors approved a 2010 operating budget and received the 2009 fiscal year audit at their Monday April 19 meeting. “This is a pretty clean bill of health and the staff deserves credit for that,” said Board President and District 6 Director Larry Landaker, of Wimberley, before the Board unanimously accepted the audit. See the whole story at this link: http://www.pec.coop/News/PressRelease.aspx?PRID=259

TO: All PEC-area newspapers
MEDIA CONTACT: Anne Harvey, (830) 868-4933; Austin line, (512) 219-2602

At its April 19 Board meeting in Johnson City, Pedernales Electric Cooperative’s Board of Directors announced that 13 PEC members will run for Director positions in the upcoming Board election. Members will elect directors for District 4 and District 5.

The following candidates, listed in the order they will appear on the ballot, were nominated by members’ petitions:

Director, District 4: Dr. Ted Lehr, Austin; Dr. Geoffrey VanderPal, Driftwood; Ken Rigsbee, Austin; Deborah (Deb) Ballew, Austin; Dan W. Pedersen, PE, Lakeway; Tom Griebel, Austin; Chris Perry, Dripping Springs; Bob Driscoll, Austin Director.

District 5: Joe Summy, Johnson City; Ross Fischer, Kendalia; Steven Carriker, Dripping Springs; Thornton Keel, Spicewood; Don Casey, Cypress Mill.

The order of candidates on the ballot was determined by a random drawing conducted by representatives of Election Services Corporation, the independent company conducting PEC’s election.

PEC is holding a public forum on April 27 where members can meet Board candidates and hear them communicate their credentials, experience and views. The event will begin at 5 p.m. at PEC headquarters, located at 201 S. Ave. F in Johnson City, and also will be live-streamed over the Cooperative’s website.

Ballots, candidates’ biography information and voting instructions will be mailed by ESC to all PEC members by May 5. Members may return completed ballots by mail using the included prepaid return envelopes or vote online through ESC’s secure website. Mail-in and online voting must be completed by June 11. Members also can vote in person at the annual membership meeting June 19 in Johnson City, where election winners will be announced.

Requests for peace & quiet in Dripping Springs turns into a lawsuit threat

"Your actions probably have already damaged Memory Lane's business and may result in a lawsuit. However, to maximize your chance of avoiding litigation, you are hereby requested to cease and desist your disruptive campaign . . ."



Note: Ordinary citizen, mother and author Kimly West started out just wanting some peace and serenity in her family's life – to find some way to reduce the traffic and disruptive noise emanating from the neighboring Memory Lane Event Center in Dripping Springs. She is concerned about the effects on her own health and business pursuits. Local and state officials, she says, are at wits end. No help there, so far. Then she received a letter from the Dripping Springs law firm of Baker & Associates, threatening her with a lawsuit if she doesn't "cease and desist" from her "disruptive campaign of false information."

We're not sure if Kimly has been targeted, to silence her and to serve as an example to other neighbors who've also complained about the noise from Memory Lane. We have a call in to Mr. Robertson's office to check if other neighbors have received a similar letter from his law firm.

There has been at least one encouraging development, however. The county's mediation center has contacted West to offer its services to the warring parties. We're told the offer was made at the suggestion of the Sheriff's Department. West says she'll gladly take up the center's offer of mediation. Scroll down two stories for more background and comments.

Send your comments and news tips to roundup.editor@gmail.com or click on the "comments" button at the bottom of the story

Below are excerpts from the e-mailed letter West received from attorney Thomas W. Robertson of Baker & Associates. It is followed by Kimly's response.


Kimly West
Dripping Springs, Texas 78620

Re: Memory Lane Event Center, LLC

Dear Mrs. West:

Baker & Associates has been hired by Memory Lane Event Center, LLC ("Memory Lane") and Mike Morgan to address the dispute you are having regarding the noise level at Memory Lane. We respectfully recommend you consult an attorney. If you have one, you should send this letter to your attorney.

. . . During the permitting process, adjacent property owners were notified and given an opportunity to be heard. For example, Judianne Ambrosio, who we think lives closer to the venue than you, spoke in favor of Memory Lane. At the end of the process, Memory Lane was permitted. While any one has the right to speak truthfully about a business, you do not have the right to publish falsehoods. Your accounts of the noise level are false, and appear to be motivated my malice.

We understand you have done the following things. If you in fact did not perform any of the actions listed below, we request that you state in writing so the misunderstanding may be investigated:

1) You have called and complained to both Karen Ford and Jon Thompson.
2) You presented to Jon Thompson a list of things you are intending to do to try to disrupt wedding ceremonies and receptions so word will get out to future brides that this is a bad place to get married.
3) You have told neighbors that you are on a mission to disrupt or destroy Memory Lane's legitimate business.
4) You have asked neighbors to sign a petition to join your cause.

[snip . . . there are 8 alledged actions]

Your actions probably have already damaged Memory Lane's business and may result in a lawsuit. However, to maximize your chance of avoiding litigation, you are hereby requested to cease and desist your disruptive campaign of false information (and particularly the outrageous blow horn tactics) or a lawsuit may be filed against you in which Memory Lane will seek all available damages and remedies against you for business defamation, tortious interference with existing contracts, and tortious interference with prospective business relations.

Do not call Memory Lane to discuss this matter. All communications about this matter from this point forward should be made to my office in writing . . .

Very truly yours,

Thomas W. Robertson

cc: clients
"complaints board" attachment

_________________

Sir,

please email a receipt acknowledge response.

peace,
kimly

Thomas W. Robertson, P.C.

Baker & Association

Dripping Springs, Texas

Dear sir,

Mike Morgan is a bully. Instead of working with his neighbors so all find peace again, he has contacted you with malicious and false accusations against me. We used to live in a ‘peaceful and quiet atmosphere,' but since they have built their outdoor pavilion, all kinds of justified complaints have arisen.

After numerous requests to turn the noise down to both Mike and Janet, I now find myself in a chronic health condition due to their inconsiderate and loud ways. (please see sleep deprivation attachments).

#1 is correct. Regarding your issues of whether I’ve talked with our county commissioner, Karen Ford, and Jon Thompson at the City of Dripping Springs, I have every right to speak to my local representatives; especially when it is to voice my concerns over an intrusive and offensive business practice. For Mike to imply that I spoke inappropriately or destructively with either official says more about Mike Morgan than myself. Karen Ford has shown me, in all of our conversations, compassion and understanding about the situation over here. (see below #8 of the Texas Constitution/Article 1/Bill Of Rights).

For your info, since you haven’t researched the issue to the depth that I have, we have no noise ordinance in this county for unincorporated areas. It is a major problem far and wide. As Hays County becomes more suburbanized, these noise concerns will become more prevalent, with more and more homeowners voicing complaints about inappropriate locations for business ventures. As soon as our county officials are able to, I have been informed that a county-wide noise ordinance will be written and enforced. (see attached noise ordinance for the City of San Marcos).

State law does have a noise ordinance and it states that measurements are to be taken at the property line of the owner who is making the noise. Not on any one complainant’s property.

My meeting with Jon was to voice my concerns and to see if the City could help me; especially since I am a close neighbor and was not contacted prior to their new business venture, as stated by law. I viewed the open records file the City of Dripping Springs has compiled on this property. It is a very thick file with many complaints and concerns from numerous neighbors. You should read it as well. Your comments in #2 are totally inaccurate and false.

Again, let me re-iterate that I wasn’t invited or included in that meeting, which is against the law when improving residential to commercial properties. The law states that ALL neighbors are to be notified.

For your information, the Morgan’s built their new pavilion and upgraded their residence to a commercial venture without the proper city permits or approval. The City of Dripping Springs found out about this new venture through neighbor complaints. They were fined by the city. They city had no other option than to approve this venture; it was already built. The city has jurisdiction over septic, signage, and impervious cover only. (fyi: the Morgan’s are built out to their 15% impervious cover. No new construction can occur).

Your comments in #3 are ridiculous. What I say in a private conversation, pro or con, is no one’s concern but the parties privy to said conversation.

#4 is incorrect. I have not seen a completed petition for signage.

#5 is correct. Justin stated that wedding centers and noise vibrations are a problem for neighbors. It’s not the ceremonies. It’s the party afterwards. He has received numerous complaints about a venue in north Austin. Nothing illegal about speaking with Justin.

Regarding the Ambrosios…..they live in a straw bale house that has 12” thick walls. That’s 1 foot thick walls. You cannot credit any inside noise levels at their house due to this fact. Also re: Judy’s comments from that city council meeting are as follows: “people could come up with something else to do on those nights like take their wife out to dinner and movie if the noise bothers them. Or have their own party.” When outside, she hears the noise, just like everyone else.

#6 is ridiculous. I don’t even know what a bull horn is. I did state to Mike that I have had a problem with my car alarm. My son broke my remote and I plan on replacing it. If the Morgan’s still lived in our area, they would have heard this broken alarm a few times. Besides my broken alarm, I did hear a horn in the neighborhood. I have no idea where it was coming from, nor who did it. There are many other neighbors in the area. And there are no noise ordinances.

Regarding Mike’s ridiculous comments that his noise meter has measured 0 decibels, he should hire an acoustical consultant to take accurate and recorded measurements at different locations around his property line. Wind and directional speeds would be measured and recorded. Cheap hand held devices do not accurately measure decibel levels. Mike needs to check his hearing.

The Morgan’s built on top of a hill, surrounded by small acreage homeowners, just like themselves. Their 14 acres is nowhere near big enough for what they are trying to do. It’s not an optimum location.

Mike and Janet need to recognize that the world is full of other people. They aren’t the only ones who live here. There are over 40 families impacted by their activities. I am not the only one to complain. (again, refer to the complaints in the city file.)

#7 is correct. Regarding the complaints at the complaints board in Austin; this is the very reason there is a complaints board. It is for folks who have legitimate complaints – which many of us do. (again, refer to #8 of the Texas Constitution/Article 1/Bill of Rights).

#8 Last November when I last spoke with Mike with a noise complaint, he offered to come to my property to hear their noise vibration. I agreed, and he never showed up. The next weekend they had 3 parties, a fri/sat/sun whopper, which were louder than before, with much cheering and clapping. He never showed that weekend either. In fact, he never got back with me, not once (until yesterday that is). Regarding whether he may come now, the answer is no. I do not want him at my home. Please advise your client that he must take sound measurements when the music is playing, with a device that accurately records noise levels at his property line!

During my conversation with him this morning I stated, “why would I care what he does on his property unless it impacts me in a negative way.” He had no comment to this. Our State of Texas law regarding unincorporated areas states that we have the right, by law, to do what we will on our individual properties. Mike needs to realize that others have the same rights as he does. And I have no reason to exaggerate the noise vibration problem.

During our conversation this morning, I shared with Mike that the owner of Nutty Brown Café has offered to the neighbors, who have filed a TABC suit against Nutty Brown Café for excessive noise, that Nutty Brown will limit concerts to one a month. Mike had no comment to this. (all of that mess is on the net – just google Nutty Brown Café).

Regarding the direct impact upon me and my family – I am under extreme and chronic sleep deprivation due to this problem. For every party they have, it takes me 1-2 days to recover. They have had over 50+ parties last year which means that I have lost 100+ nights of sleep; that’s 3+ months or ¼+ of the year! Have you ever tried sleeping next to a car with subwoofers blaring full blast. You should try it.

And the bottom line on my personal reaction. I wrote a book back in 2004 called ‘"SpiritualGuideToBumperStickers, vol 1." You may still find a copy on line; read it and then judge my character. I’m currently working on vol.2 and it isn’t going very well. I can’t concentrate, and am barely able to meditate. They are impacting my business 100%. This cumulative lack of sleep is awful.

There is a solution to this problem. All they have to do is turn the volume down to 60 decibels and stop the music at 9pm. (see noise attachment). This was my suggestion to Mike this morning.

And my last point is: I have spoken with an attorney and his advice is as follows: sue the Morgan’s in small claims court for ‘abatement of nuisance’. My enjoyment of my home is being affected. I’m considering this possibility. Before I choose this route, I want to make sure I’ve explored all of the city and county avenues. Of course, there’s always mediation.

In conclusion, the Morgan’s have neighbors who are still angry and upset. As long as the noise vibrations continue, so does everyone’s anger. The Morgan’s can fix this major problem. They can turn this situation around by ending their parties at a decent hour and by turning down the music. It’s that easy.

Please feel free to share this letter with all concerned parties.

Peace,

Kimly west

Was the U.S. founded as a Christian Nation? And is our Board of Education the 'Decider?'

Note: The letter below is from JC Dufresne of Cibolo in Guadalupe County, near Schertz. Mr. Dufresne is a close watcher of the State Board of Education and board member Ken Mercer. The Board has stirred quite a lot of public interest lately with its proposed controversial changes to our public schools' history textbooks and curriculum – changes like replacing Thomas Jefferson in the history books with Newt Gingrich and Ronald Reagan. Mr. Mercer, a San Antonio conservative, has been a driving force behind some of the changes. He is the District 5 rep on the SBOE, which includes Hays County. The District 5 seat is up for election in November. Mercer's challenger is Rebecca Bell-Metereau of Hays County, a Texas State University professor.

It may be that Mercer is in for a tough challenge and that the Christian Right has reached the point of overstaying its welcome. An ally of Mercer's on the board who "had the blessing of Christian conservatives" lost his bid for re-election in the March 2nd primary. Also, local yocal former state rep and public speaker Rick Green (Dripping Springs) lost his bid big time in last week's run-off election for the Texas Supreme Court. Green was backed heavily by social and religious conservatives.

Meanwhile, the Tea Partiers aren't exactly storming the ramparts in every region of the state. See this interesting local analysis from the San Angelo Standard-Times. Angelo State University, coincidentally, is Rick Green's alma mater.

Send your comments and news tips to roundup.editor@gmail.com, to Mr. Dufresne at jcdufresne@satx.rr.com, or click on the "comments" button at the bottom of the story

To the editor:

Ken Mercer and the other extremist members of the State Board of Education claim that the United States was established as a Christian nation and seek to bring down the wall of separation between church and state. This extremist cabal seems to have forgotten their history lessons regarding one of the primary reasons that many European colonists came to America. We all learned that the Pilgrims came here seeking to escape religious persecution.

The Founding Fathers were not so far removed from the European religious wars between Catholics and Protestant sects all over Europe that they could fail to understand the value of separating religion and the state. In the years 1553 to 1660 there was religiously inspired violence or war between Christian sects somewhere in Europe each year almost without exception.

Mary I, Queen of England (1553-1558), restored Catholicism and in the process had almost 300 religious dissenters burned at the stake in the Marian Persecutions.

In France between 1562 and 1598, there were eight civil wars and other outbreaks of violence that were clearly motivated by religious differences.

The Thirty Years' War (1618-1648), began in Bohemia when Ferdinand II became the king in 1617 over Protestant fears he would recatholicize it.

The English Civil War (1640-1660) involved various Protestant denominations and Catholics and included the beheading of Charles I in 1649.

Ken Mercer doesn’t understand that separation of Church and State protects his freedom of religion and our children’s, but our founders did.
--
JC Dufresne
141 Lindy Hills
Cibolo, TX 78108
210-566-3367

Memory Lane, in this case, not a peaceful place for neighbors

Send your comments, questions and news tips to roundup.editor@gmail.com, to:

- Pct. 4 County Commissioner Karen Ford, karen.ford@co.hays.tx.us
- Ray Whisenant, Ford's Republican opponent in November's election at raywhisenant@gmail.com
- City of Dripping Springs at itouchstone@cityofdrippingsprings.com
- State Rep. Patrick Rose at patrick.rose@house.state.tx.us
- Memory Lane Event Center at info@memorylaneweddings.com,
- the Willises at kimly.west@gmail.com
- or click on the "comments" button at the bottom of the story

This, from a RoundUp reader in the Dripping Springs area:

To the roundup,

sure enjoy all of your writings. i especially appreciate the news that isn't shared through the traditional outlets. thanks!

below is a 'letter to the editor' i've submitted for publication. thought you might want to investigate further. noise is a growing issue and is now impacting more than just the nutty brown crowd.

thanks again for the 'good stuff'.

peace,
kw

memorylaneweddings.com

April 1, 2010

Our Letter to the Editor:

We moved to Hays County in 1992. We moved onto our property in 1994 (lease/option), and purchased our 7.5 acres in 1996. We have owned clear title to our land since 2006.

We love our property and have created a peaceful and lovely home for us, our children, and many pets and wildlife. (please call before visiting!).

That is until 2008 when the Memory Lane Event Center opened their 4000 sq. foot outdoor pavilion. These folks are the noisiest and most obnoxious bunch I have ever lived near.

Polite requests for abatement of their party noise have fallen on deaf ears (maybe because Mike and Janet Morgan have fallen deaf due to the excessive noise!).

We need county Land Use Regulations, NOW. If we had these regs, then the commissioners would have the power to regulate where such businesses could locate, buffer zones included. It wouldn’t be on such a small parcel located in close proximity to others.

Memory Lane Event Center has 18 acres – not near enough for what they are perpetrating upon their neighbors. I don’t care if they are ‘such nice people,’ or that their facility is ‘just gorgeous.’ Nor do I care if their guests had a ‘wonderful event.’ These things are immaterial to the noise. If the Morgans were really nice folks, then they would consider their neighbors (we all have complained!) and turn their low noise vibration and excessive partying down to a reasonable and considerate level. (During the wedding season they have parties every single weekend!).

It’s not about them, nor about their business. It’s about the EFFECTS their activities have on the surrounding neighbors and countryside. It’s obnoxious, offensive, and incredibly loud (rattles my windows and shakes my floor).

The law of the country used to be – DO NO DISTURB YOUR NEIGHBORS, and KEEP YOUR NOISE TO YOURSELF. Before, if a neighbor was disturbed, a simple and polite phone call would remedy the situation. Boy, have times changed in Hays County.

Do not think any of us are immune from noisy business neighbors. It could happen to you too if you live in the unincorporated areas of Hays County. I am requesting that each and every one of us call our representatives, local and state, to have laws passed and enacted that will prevent this from happening again.

Thanks for your time and attention. Peace and quiet to all, The Willis Family.

UP SH*T CREEK: How Texas wants to allow more water pollution

TCEQ and the Texas State Soil and Water Conservation Board have devised a process to decide what level of bacteria protection to assign the state’s creeks, rivers and lakes

Send your comments and news tips to roundup.editor@gmail.com, to Mr. Wilder at wilder@texasobserver.org, or click on the "comments" button at the bottom of the story

Read the whole story here: http://www.texasobserver.org/cover-story/up-sht-creek

By Forrest Wilder
Published on Wednesday April 14, 2010
Texas Observer

IN MARCH, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY unveiled a sweeping proposal to overhaul the state's water quality standards that would allow up to 100 times more bacteria in some of the state's creeks, rivers and lakes. Environmental groups are excoriating the plan as a gift to wastewater dischargers and big agricultural interests.

The EPA must still sign off on the proposal, a lengthy process.

For environmental groups the most troubling change is a wholesale loosening of bacteria pollution standards for virtually every body of water in Texas. If the revisions go through, a total of 293 stream segments would have less stringent bacteria standards, according to TCEQ's analysis.

Here's how it would work: Currently, the vast majority of Texas rivers and lakes are classified as "contact recreation" waters, where activities such as swimming and kayaking are presumed to take place.

The standard for these waters is 126 colonies of E. coli bacteria per 100 milliliters of water. (E. coli is an indicator of shit in the water, which - as you can imagine - can make people sick if ingested.) A handful of places, like the profoundly-polluted Houston Ship Channel, are allowed up to 605 colonies.

TCEQ now wants to create a tiered system, dividing Texas streams into four different categories. The most stringent category, called "primary contact recreation," would be reserved for rivers and lakes where people swim, water-ski, tube, etc. The bacteria standard for these waters would be loosened from 126 to 206 bacteria colonies per 100 ml. Lakes and rivers where people frequently fish or boat but don't swim could have as many as 630 colonies. Other places with infrequent use, such as small creeks with limited public access, would be allowed up to 1,030 colonies. Finally, the standard for "non-contact" water would rise to 2,060 colonies.

TCEQ refused to make someone available for an interview despite repeated requests, instead responding to questions by email. Agency spokeswoman Andrea Morrow said the current water quality standards were "optimistically assigned" at a time when little data was available on many bodies of waters. Even for tiny, perennial streams the agency assumes that fishing and swimming are taking place, for example.

O'Quinn Ranch is on the market for sale

Charles Soechting of San Marcos, a partner in the John O'Quinn law firm, today confirmed rumors that have been circulating for some time that the fabled O'Quinn River Ranch on the Blanco River in Hays County is on the market for sale. Soechting declined to state the asking price for the ranch.

John O'Quinn

"I know a fair number of people and entities that have expressed an interest in (the ranch) and it is no secret that it will be sold," Soechting said. "A number of contracts have been presented but not accepted."

Mr. O'Quinn died in an auto accident in Houston in October of 2009. He was known as one of the most talented trial lawyers of his time and for his generous donations to the University of Houston, Texas Medical Center institutions and other charitable organizations.

Soechting assured that the 5,000-plus acre ranch is not likely to be subdivided into small tracts. "It was always Mr. O'Quinn's intention to keep his ranch intact . . . whoever buys this property will continue to own it and care for it in the same way John O'Quinn did during his life."

Private meetings on major public water issues are 'typical protocol,' says Conley

We are beginning to suspect that this big push for the importation of water is nothing more than a cover for making the Growth Explosion story a self fulfilling prophecy. "You bring the water and we'll bring the growth."

Send your comments and news tips to roundup.editor@gmail.com or click on the "comments" button at the bottom of the story

Update, Thursday April 15 – We finally made contact with Mr. Bagwell. We'll report more on our conversation later. As to how the meeting was convened and who convened it, here's the short of it, according to Bagwell: Kent Acord, member of the board of the Wimberley Water Supply Corporation called Bagwell, for an update on water planning in the region. Bagwell sent Acord information from the Region L state water planning document (pdf). Acord called Bagwell back a month or two later and asked Bagwell to set up a meeting. (That would be Conley's bailiwick). Acord then called Conley who then called Bagwell who then called the parties together for a meeting at Wimberley city hall. City of Woodcreek was unintentionally not included. Mr. Acord, we are informed, was unable to attend the meeting as he was on a cruise in the Mediterranean.

Update, Wednesday April 14 – Second day running, and still no call back from Mr. Bagwell of HDR. Commissioner Conley says Bagwell set up the April 5 meeting referenced below. We're trying to get a confirmation on that and who was invited and attended, since Conley says he doesn't remember who all was on the list.

By Bob Ochoa
RoundUp Editor

Precinct 3 County Commissioner Will Conley yesterday confirmed that he has been holding a series of private and invitation-only meetings dealing with some very weighty public matters.

One set of meetings involves a county water and wastewater study for western Hays County that is nearing completion. The other involves the problems that beset Aqua Texas and its Woodcreek area customers.

An attendee of one of the Aqua Texas meetings held in February recently told the RoundUp, "I thought it was going to be a meeting to help preserve water in the area . . . after the first thirty minutes it was basically a PR (show) for Aqua Texas."

Another attendee at an April 5 meeting on the county water/wastewater study said, "it ended up discussing bringing water supplies to the Wimberley Valley and the various steps that would be needed."

The RoundUp got wind of these meetings in late February and we have since picked up bits and pieces of the discussions held. The latest meeting was held Monday, April 5. Conley says more will be scheduled and they will continue to be held behind closed doors and by invitation only. So don't expect any press releases or an invitation unless you have a VIP pass from Conley.

Will Conley
This is the "typical protocol for when you're working with these types of projects," Conley explained. "We've got a lot of work to do . . . when we get all the information down, then we're going to have a public discussion."

A local official who has heard of the meetings disagrees with Conley's "who needs the public" understanding of the process: "(He) is using county tax dollars. When you are using county tax dollars there's no need for private meetings."

According to Commissioner Conley, the April 5 meeting involved the status of a study being done by the HDR engineering consulting firm of the county's water and waste water needs and infrastructure, mostly in the western region. "I asked the consultant where they were and they said we were at that place where (we could meet), and asked them to put together (a meeting)," said Conley. "We're starting to come down to figuring out what our water needs are for the future . . . we definitely are looking at a shortfall of water to take us into the future."

Conley said once the study is completed (or after all the ducks are lined up, and is presumably followed by a proforma public meeting and comments), then a more serious effort will ensue on finding solutions. "We left the last meeting deciding to (contact) the water development board to see what partnerships we could develop with them and talk to potential water providers to see what if anything they would be willing to do."

We've got a call in to HDR project manager Tony Bagwell (912.5163), to ask for more details about the April 5 meeting and who his firm invited, and did not invite. Conley said he could not remember if the Hays Trinity Groundwater Conservation District – one of the region's most vital sources of information about water supply – was on the list.

The $200,000 water/wastewater study, begun last year, is funded through a $100,000 grant from the Texas Water Development Board. Additional investments of $100,000 were made by Hays County, the cities of Wimberley and Woodcreek, Aqua Texas, both Wimberley and Dripping Springs water supply companies, GBRA, LCRA and Hays City. Clearly, the study is underwritten largely by taxpayer money.

We know that there are certain people in the county (Conley being one of the point men) who are trying mightily to form some sort of regional water entity to import expensive water. Wimberley Mayor Tom Haley has talked about it and so have others. Ostensibly, the reasons are to ease the strain on the over-used Trinity Aquifer (the region's dominant water source), and scary projections of a future explosion in growth in western Hays County – projections that seem to be coming off someone's wall. It's pretty evident growth is occurring at a rapid pace along the Hwy 290 and I-35 corridors, but not so much in the county's interior rural parts. Population projections seem to differ, depending on the source, the area and the motivation.

We are beginning to suspect that this big push for the importation of water is nothing more than a cover for making the Growth Explosion story a self fulfilling prophecy. "You bring the water and we'll bring the growth."

If you look at some basic numbers and other factors and questions, you will see that Conley and his scotch-'n-water klatsch have their work cut out for them: A) The cost of importing water (pipeline construction, transportation, distribution, etc.), say from Kyle, San Marcos or Canyon Lake (per Conley), could run in the range of $20 million to $40 million. B) If it's not a municipally-owned pipeline, no one can be mandated to purchase the water. C) If it's owned by a water company, say Wimberley WSC or Aqua, how will their meager number of customers, 3,000 to 5,000 combined, afford to pay for it? Much higher rates, that's how. D) To make it more affordable for water system customers, will the regional entity force groundwater users off their wells and on to the new system?

Perhaps State Rep. Patrick Rose will help answer some of these questions from his perch in the Legislature. Rose, you will remember, hastily appointed a water stakeholder group during his primary re-election campaign. We haven't heard a peep about it since. And we know that Rose, in his eight years in the Legislature, hasn't met a Big D-development he hasn't liked.

Conley says his private meetings with Aqua Texas President Bob Laughman and other stakeholders such as the City of Woodcreek, developers, "environmentalists," the HTGCD, and representatives from Woodcreek North, have zeroed in on issues like leaky pipes, customer service and rates. "We've had good conversations," Conley reported. "What we're hoping for is that we'll come out with short range and long term solutions that we agree need to be taken, before we stop meeting."

Maybe before Public Official Conley concludes his private meetings, he should get some input from Joe Citizen, seeing as how Joe and the rest of us will be stuck with the outcomes.

We're hoping, too, that while Conley has the ear of Aqua's big cheese, Laughman, he'll try to convince him it is not good community relations for Aqua to continue resisting efforts of our groundwater district to stop needless waste of our limited underground water resources. Aqua remains, by far, among the top wasters of groundwater in the county.

Groundwater district candidates' forum April 13 in Wimberley; election is May 8

This is one of those elections where only the highly-motivated will turn out to vote

Update, Wednesday April 14 – The RoundUp did not attend last night's forum. We are informed it was well attended. Said one attendee, "All in all it was a productive forum but won't come to much at election time. The election will turn on who gets their supporters to the polls."

Wimberley resident Rob Pitzer offered the following observations about the failed attempt to hear from all the candidates running for Wimberley City Council: An invitation was offered, and basically ignored by the slate of candidates – Carroll Czichos, Beth Mitchell and Catfish Pigg to participate in the LWV candidate forum. This brings up a simple question to me – why wouldn’t these candidates take the opportunity to voice their positions, ideas and goals for the City Council seats for which they are running? Their lack of even responding, much less not showing up last night only indicates to ME they don’t want those that are about to vote to know what they plan to do! (I did go, and they were not there – only representatives of their “camp”). Am I wrong? We will probably never know in a public meeting where ALL of the candidates are together to allow the voters all of the available information with which to make their decisions on election day. I have been taught, anything that is kept in the dark is usually not good or healthy; whereas things brought out into the light seem to flourish and are for good. So for me, this situation raises a big red flag.

Click on map to enlarge

Editor's Note: If you value your groundwater, you'll value getting to know who the candidates are for three seats on the Hays Trinity Groundwater Conservation District that are up for election May 8. Those seats are for Districts 1 (Henly), 3 (East Dripping Springs/FM 1826) and 5 (Wimberley). The groundwater district is the only local entity that is specifically charged with monitoring, conserving and protecting our groundwater supply in western Hays County.

Word has it one group of candidates wants to usurp our private property & water rights through regulatory fiat, and the other group of candidates wants to usurp our private property & water rights through making the Groundwater District as ineffective as possible and allowing developers and water companies to suck our aquifer dry. Maybe somewhere there's a happy medium. Ya think?

And how in the world did the Glenn Beck 9.12 Project get involved in the affairs of our local groundwater management?? Who are those guys?

See the candidates' bios at the groundwater district's web site here: http://haysgroundwater.org/

Send your comments and news tips to roundup.editor@gmail.com or click on the "comments" button at the bottom of the story

Please join the Wimberley Valley League of Women Voters tomorrow night, April 13, at 7 pm at the Wimberley Community Center to hear from all the candidates running for the Hays Trinity Groundwater Conservation District (HTGCD).

The Wimberley HTGCD seat currently held by Jack Hollon is being contested by Joan Jernigan and Craig Reitz. There are 2 other seats being vacated in DS and Henly.

This election is very important and will be held on May 8 with early voting beginning on April 26 and continuing through May 4.

We have had a strong supporter of groundwater conservation in Jack Hollon and we need to make sure that his successor is the same kind of representative for this precious shared resource.

Please come out Tuesday night to hear from all the candidates (including the ones from Drippin' and from the Henley area). There is a big difference in the views of these candidates and I know it will be helpful for all of us to see what is going on in this election.

Most importantly, mark May 8 on your calendar to VOTE in this election at the Community Center.

This is one of those elections where only the highly-motivated will turn out to vote. Those who really believe we should protect and preserve our groundwater, streams and springs for future generations and those who find this kind of conservation effort to be "government taking away our liberties." This is what is at stake in this election, as you will see and hear on Tuesday night.

There was a similar candidate forum last week in Dripping Springs hosted by the Glenn Beck 912 Project group that meets twice a month at the DS VFW Hall and it was quite informative about who is in favor of preserving our water and who thinks this is nothing but another government takeover.

Please come out Tuesday night and hear from these candidates. This is the first time this board election has been hotly contested, and with 3 board seats (out of 5) up for grabs, this will decide the majority opinion on the board.

For appliance rebate program, lines jammed and otherwise poorly managed in Texas

I had tried since 7 AM by dialing the phone number AND at the same time tried to gain online access to the site. For many hours I could not gain contact on either option. The same held true for thousands of other Texans. We can only hope that most states managed this program better than Texas did

Update: Friday April 9 – A highly critical report from the Austin American-Statesman says nearly 39,000 people (it doesn't specify Texans) received rebate reservations. Also, that state Comptroller Susan Combs paid $876,000 of Texas taxpayer money to a Minnesota company to manage the program.

Note: If you tried and were lucky enough to get a rebate reservation before they were all snapped up, or tried and didn't get one, let us know what your experience was like.

Send your comments and news tips to roundup.editor@gmail.com, to Mr. Stern at pstern@austin.rr.com, or click on the "comments" button at the bottom of the story

By Peter Stern
Guest Commentary

The Appliance Rebate Program (ARP) actually is a good idea by the Obama administration. The concept of the program is to boost retail store appliance sales and give some rebate incentives for consumers to replace existing appliances that are energy wasters. In addition, the old appliances must be recycled. Every household could apply for a total of 2 rebates; the two appliances had to be in different categories. In addition, each applicant who wanted more than one rebate had to leave and then gain access again after obtaining the first rebate.

Good plan, right? Maybe, but the state of Texas totally mismanaged the program. How could it not expect the thousands of applicants who wanted rebates and why didn’t the state manage the rush more competently? There is no excuse.

The plan was implemented on April 7th and the Texas State Energy Conservation Office (TSECO) managed the program. Weeks before, consumers were notified of the program and were directed to a new online site at which they could apply for the rebates by reserving them online at http://www.texaspowerfulsmart.org/

As an option to online contact, Texas consumers also were provided a toll free phone number.

Then the problems began at 7 AM on April 7th.

For whatever reasons, the TSECO did NOT plan correctly to handle the thousands of consumers and contractors who wanted to apply for the rebates. The site and phones were hammered with applicants and few could gain access to complete the rebate forms.

Initially, the sites rejected thousands of online consumers. The phone calls received busy signals. Prospective rebate applicants kept on trying, but grew frustrated and angry. Many placed phone calls to the Texas Comptroller’s Office to complain.

TSECO tried to fix the problems, but already it was too late. Thousands of Texans were trying to get a piece of the $23 million dollars worth of appliance rebates, but only a few of that number were successful in doing so.

TSECO then shut down the online site for 2 hours to make urgent changes to the site. Even when the site reopened, most Texans were rejected from the site. Many did receive the reservation for the appliance rebate, but more did not.

I had tried since 7 AM by dialing the phone number AND at the same time tried to gain online access to the site. For many hours I could not gain contact on either option. The same held true for thousands of other Texans.

Finally, at 1:30 PM I was able to access the application form and reserved a rebate for a “clothes washer."

I wanted to apply for another rebate, for a refrigerator/freezer, but again I could not gain access either via computer or phone.

Two more hours and I was able to gain computer access but only to be placed on a rebate waiting list. Already, the $23 million in rebates had been totally reserved with thousands of Texans left out.

If government either at the national, state or local levels cannot manage such a small program, how will it manage larger ones, e.g., the national health care program pushed through by the Obama administration and Congress?

Texas consumers still are applying for the rebates even though there are none available. They will be placed on a long waiting list. The only way those on the waiting list may obtain a rebate is if money becomes available.

The rebate process requires many steps within 60 days and of the thousands of Texans who reserved their rebates, hundreds may not complete the process; thereby, opening up a reservation for someone on the waiting list.

Management of this program was deplorable and there is no excuse for the incompetence displayed by the state and TSECO. Now, it’s too late for most Texans to obtain an appliance rebate. By the way, did anyone consider the disabled population? How was that population supposed to deal with the insanity?

There was ample time to avoid such chaos in managing a positive program to help people and to spur some retail sales in an otherwise dismal economy. Texas failed miserably and hopefully other states will learn from it.

Peter Stern, a former director of information services, university professor and public school administrator, is a disabled Vietnam veteran who lives in Driftwood, TX.

Rule No. 1 in a cover up: Keep your story straight

Send your comments and news tips to roundup.editor@gmail.com or click on the "comments" button at the bottom of the story

Update, Thursday April 8, another layer added from Newstreamz – "Barton and Bishop were sitting in his car outside his Kyle office on March 30, discussing her treatment options for dealing with a rare and serious physical condition and its ramifications, when she threw a cell phone and hit his face. Bishop said the discussion involved some ongoing health and stress-related issues . . . he (Barton) and Bishop maintain that the latter’s cell phone throw was not a deliberate attempt to injure him.”

There are so many different accounts now being reported about the blow up last week between Commissioner Barton and his assistant, Kara Bishop, it's hard to keep track.

Maybe creating "confusion" is part of the latest damage control strategy by Barton's media handlers.

Here, for example, are two small bits of reporting from Newstreamz, April 6, http://www.newstreamz.com/2010/04/06/barton-no-hard-feelings-about-cell-phone-incident/ Including the updated version above, see if you can pick out some inconsistencies:

Commissioner Barton: "She was very upset in general and kind of threw her cell phone. And unfortunately, I was in her line of fire. We’ve laughed about that together.”

Photo caption – http://www.newstreamz.com/: "Barton said he has no hard feelings after his campaign manager, Kara Bishop, threw a cell phone at his face . . . "

From the Kyle PD incident report: "Jeff stated Kara had gotten upset and threw her phone and it hit him in the mouth and he began to bleed."

Rule Number One in a gloss-over or a cover up is to keep your story straight.

We also have learned there are two reports by law enforcement authorities that were filed on the Tuesday, March 30 incident – one by the Hays County Sheriff's Department and one by the Kyle PD.

The RoundUp has requested a copy of the sheriff's report.

You can read the Kyle PD's version, along with a statement from Bishop, here: http://www.sanmarcosmercury.com/archives/12675
We're not sure how the Mercury obtained the statement from Bishop. She reportedly is not responding to queries from other media.

Solar incentives continue to spread amongst utilities in Texas

El Paso's program is scheduled to launch in April, and will extend the market transformations created by these programs all the way to the western border of the state

Update, Thursday April 8 – We contacted Larry Landaker, president of the board of the PEC, who said that energy conservation programs and renewable energy "is the next big thing, if you ask me what we are going to be tackling in the next few months . . . this is a huge priority of mine." He added that special committees of the PEC "are going to be ramping up significantly. With staff initiatives, I think it will put us in the spot we want to be."

Note: The e-mail below is from Bill Christensen, an occasional and well informed commenter on the pec4u watchdog discussion group (watchdogs@pec4u.org). The RoundUp has posed Bill's very same question a couple of times to PEC board member Patrick Cox of Wimberley. His response has been (paraphrasing): 'Wait for the results of our Conservation and Renewable Energy Committees. It's coming.' When and if it does, it'll be a long time coming. Think about it – one day, thousands of homes and businesses feeding electricity back into PEC's power grid thus reducing the need to purchase ever more expensive power from the LCRA! Of course that would first require that the PEC pull its collective head out of that place where the sun doesn't shine, and start getting creative.

Send your comments and news tips to roundup.editor@gmail.com, to Mr. Christensen at billc@greenbuilder.com, or click on the "comments" button at the bottom of the story

Hi y'all,

I thought this might be of interest to some of you. Why isn't PEC among those offering renewable energy incentives?? Even the investor owned utilities are!

From the March 2010 newsletter of the Texas Renewable Energy Industries Association:

Steve Wiese, Clean Energy Associates, reports that seven out of nine Investor Owned Utilities (IOUs) in Texas are currently running solar PV programs.

"These programs, combined with programs in two of the largest municipal service territories, provide incentives to more than half of all Texas electricity customers. In addition to providing customers with an opportunity to increase their home's energy efficiency and contribute to our state's energy independence, these programs are vital in developing a successful PV (photovoltaic) industry and training Texas's workforce to compete in today's economy," said Wiese.

According to Steve, all seven programs have seen remarkable activity across the state. Oncor, which runs the largest of the IOU programs, has committed $9.8 million in incentives to date, funding 420 PV projects throughout its service territory. Over 140 companies have signed up to work with the program. 83 of these have reserved funding for projects, and 65 have completed projects.

The other utilities – Entergy, TNMP, El Paso Electric, AEP-TNC, AEP-TCC, and SWEPCO – all run two year pilot programs which are smaller in scope, but have produced considerable activity in their service areas. Entergy has committed $536,287 to 23 projects in east Texas. TNMP committed all of its $180,000 of funding for 2009 and 2010 after only 5 months of program activity. All three of AEP's programs have seen significant interest from public entities such as cities and schools due to parallel availability of American Recovery and Reinvestment Act funding.

El Paso's program is scheduled to launch in April, and will extend the market transformations created by these programs all the way to the western border of the state. "We're looking forward to another busy summer for the Texas solar PV programs," Wiese added.

Watchdog member Ric Sternberg added this:

I agree. PEC should be AT LEAST as aggressive in promoting PV solar and other such benefits to its members as are investor owned utilities.

I hope this doesn't confuse the issue but a major program to help co-ops help their members with efficiency initiatives is on the horizon. It won't cover solar or other distributed generation installations but hopefully something that addresses renewable options will follow.

The bill was introduced by Rep. James Clyburn and is co-sponsored by a bi-partisan coalition of representatives. Here's a description:

"Rural Energy Savings Program Act" – Rural electric co-ops would apply to a $4.9 billion loan program at USDA's Rural Utilities Service (RUS) to borrow money at 0% interest rate to fund local energy efficiency programs. Co-ops, in turn, would offer micro-loans to consumer residences or businesses (at up to 3%) to be repaid on their utility bills through the savings. Measures include sealing, insulation, HVAC systems, boilers, roofs and other improvements that the utility has demonstrated will produce sufficient savings."

For those of you who enjoy watching this sort of thing, here's a link to the press conference at which it was announced: http://www.youtube.com/watch?v=QrM5zcruvEI&feature=player_embedded

And Onward!
Ric

Palin used to "hustle over the border" to Canada for health care – You betcha!

This from a recent report in the Huffinton Post by Sam Stein: http://www.huffingtonpost.com/2010/03/08/palin-crossed-border-for_n_490080.html

Former Alaska Gov. Sarah Palin – who has gone to great lengths to hype the supposed dangers of a big government takeover of American health care – admitted over the weekend that she used to get her treatment in Canada's single-payer system.

"We used to hustle over the border for health care we received in Canada," Palin said in her first Canadian appearance since stepping down as governor of Alaska. "And I think now, isn't that ironic?"

The irony, one guesses, is that Palin now views Canada's health care system as revolting: with its government-run administration and 'death-panel'-like rationing. Clearly, however, she and her family once found it more alluring than, at the very least, the coverage available in rural Alaska. Up to the age of six, Palin lived in a remote town near the closest Canadian city, Whitehorse.

Officials at several hospitals in that area declined to give out information on patient visits.

A message to all members of The Thomas Jefferson Movement

Visit The Thomas Jefferson Movement at: http://www.thomasjeffersonmovement.com/?xg_source=msg_mes_network


Note: We saw this letter from State Representative Richard Raymond of Laredo and thought we'd share it, in light of the recent controversial news coming out of our State Board of Education.

Send your comments and news tips to roundup.editor@gmail.com or click on the "comments" button at the bottom of the story

Dear Member,

Less than a week ago, we started the Thomas Jefferson Movement to provide a base of organization for those among us who were upset by the actions being taken by the State Board of Education in Texas. Already there are hundreds who have joined us in this cause.

We're doing everything we can to carry the message across the social media airwaves on this critical matter and stopping the SBOE from rewriting the proud history of Texas, the United States of America and, for that matter, the planet on which we live.

Shortly after setting up the TJM Ning Network site, we also set up a Facebook page, a Twitter account and we've already been active on YouTube, FriendFeed, LinkedIn, Plaxo, Tumblr, Ping.fm, Google Buzz and a number of other social networking sites.

As a member of the Thomas Jefferson Movement you've shown an interest in taking action to stop the SBOE. So we're asking you to help us do a few key things to help our movement rapidly grow into a force that can stop them their tracks:

1. Invite your friends to join the Thomas Jefferson Movement using your email lists and social networks. Please also include a photo of yourself on your account.

2. Contribute content in the form of blog posts, newsclippings, videos, forum discussions and any other communications you feel will contribute to the dialog. We promise we'll publish them quickly. All content is welcome unless it is profane, hateful or defamatory. We welcome opposing points of view as long as the discussion remains civil.

3. Make a financial commitment to our general purpose Political Action Committee, the Thomas Jefferson Movement. Every dollar counts, so please do what you can to help. I have committed my own resources to this effort and will be speaking with my colleagues and others about helping as well.

Thank you again for being an important part of the Thomas Jefferson Movement. Together we can maintain our proud history in our school textbooks and provide the children of Texas and the nation a chance for the kind of education they deserve.

Richard Peña Raymond
Texas State Representative

Accounts of Barton's spat with assistant raise more questions than answers

Barton’s version of this matter has too many discrepancies and creates new questions of accountability by a public official. I believe Barton has sullied Bishop’s name to save himself from public shame and accountability

Note: We have a follow up commentary from Charles O'Dell on the violent argument that erupted Tuesday between Commissioner Barton and his campaign manager and assistant Kara Bishop. Somewhere, there may be a reasonable "true explanation" for this incident (loaded as it was with trauma-drama), but bottom line, why would Barton's assistant become so angry as to reportedly fling a cell phone at him outside their office on a public sidewalk, striking him on the mouth? Anyone that "loses it" with the boss in that manner would have to be pretty darn mad.

Send your comments and news tips to roundup.editor@gmail.com, to Mr. O'Dell at codell@austin.rr.com, or click on the "comments" button at the bottom of the story

By Charles O'Dell
Contributing Editor

Kara Bishop, standing, and Commissioner Barton checking his lunch.
Google Search / San Marcos Local News Photo / Sept. 2009

When a county commissioner becomes engaged in a bloody public confrontation with one of his female office assistants and former campaign manager, it is sad but newsworthy.

Still, there are numerous discrepancies between the official Sheriff Department report accounts published in the Statesman and Roundup, and the Barton media versions in the Free Press.com and Mercury.com, both written by Brad Rollins who is a Free Press reporter and Mercury.com Co-Publisher.

For anyone to suggest this sordid matter isn’t newsworthy brings into serious question their motives. The Free Press and Mercury have quickly engaged in damage control to keep the matter from progressing to untold and more serious aspects of this story that are being kept hidden from the public.

A deputy constable who observes a confrontation in progress and calls for backup by the Sheriff Department indicates a serious matter despite statements to the contrary from Barton.

The official account reported in the Statesman and in the Roundup is that the altercation began in Barton’s Pct 2 office and continued outside. The Sheriff Department report is that Barton was “assaulted in his office,” while Barton later tells the Statesman reporter that he had, “an altercation with a staff member outside his office.”

Barton also adds that, “a deputy constable who happened to be driving by on Front Street saw the immediate aftermath of the incident and called for backup.” There is an unconfirmed report that the altercation was reported in a 911 call from a passerby who saw the fight in progress.

We also know that the county paid staff member was Kara Bishop who was also Barton’s recent primary election campaign manager. Barton claims in his Free Press and Mercury versions that Bishop is a, “good person who was dealing with some health issues and is now getting help.” Barton told the Statesman that, “the staff member had been suffering from some health problems and is currently on medical leave.” Barton goes on to say that, “We are talking about a good person and that anything beyond that is a private matter between this individual and their family.” Is Barton speaking about Bishop or about himself?

What are “some health problems” and what would they have to do with Bishop assaulting Barton? What does Barton mean that Bishop “is now getting help” for her health problems?

This all smacks of Barton spin and double talk about something much more serious that went on between Barton and Bishop and ended up in a public confrontation. Is it a private matter when a County Commissioner and one of his paid office assistants duke it out in public during office hours? And by the way, I want to know if Bishop was on leave from her job as a public employee while she performed her duties as Barton’s election campaign manager. And when did Bishop go on medical leave?

Barton’s version of this matter has too many discrepancies and creates new questions of accountability by a public official. I believe Barton has sullied Bishop’s name to save himself from public shame and accountability.

This I’m sure of: Barton and Bishop spent a lot of time together and it ended badly for Bishop.

Pct. 2 Commissioner Jeff Barton assaulted; so far no charges filed

Update, Friday April 2 – This from the online Hays Free Press by reporter Brad Rollins, edited for length: "Pct. 2 Commissioner Jeff Barton sustained a bloody lip Tuesday afternoon when his campaign manager threw a cell phone at him during an argument outside his Kyle office. “This involves a good person who was dealing with some health issues and is now getting help,” Barton said. A deputy constable who happened to be driving by on Front Street saw the immediate aftermath of the incident and called for backup. Kara Bishop, who was campaign manager for Barton’s successful primary challenge to County Judge Elizabeth Sumter, is on medical leave from Barton’s office where she worked as his assistant."

Jeff Barton

Statesman.com

Earlier, from the RoundUp – A Hays County Sheriff's Department spokesman confirmed this morning that Pct. 2 County Commissioner Jeff Barton was "assaulted" in his office late Tuesday afternoon. "I was told his lip was bloodied," the spokesman said.

A report of the incident has been filed with the sheriff's department. According to the spokesman, the report was filed in the typical manner and is a matter of public record.

Asked if the "assaultee" was an assistant of Barton's, the spokesman declined to release a name. "She's a suspect. We don't release names of suspects until they're charged and as I understand it there won't be any charges . . . Mr. Barton really didn't want any publicity . . . he didn't want anything made of it."

Mr. Barton was unavailable this morning to comment on the incident. His office said the commissioner's assistant, Kara Bishop, was on a leave of absence.

We won't go into the rumors that are circulating as to the motive for the assault, but we would suggest that Commissioner Barton owes the public an honest explanation. He is, after all, the Democratic nominee for Hays County Judge, a position requiring a high standard of public trust and personal integrity. Barton's Republican opponent in next fall's election is Dr. Bert Cobb, a San Marcos medical doctor and allergist.