The Ridgerunner

A couple of emails received by The Ridgerunner complaining of our support for municipal status for our subdivision reminded us of just how fascinated we’ve always been with the phenomenon of the sore winner.

Ordinarily, we contact letter writers and request permission to publish their remarks. However, we suspect in this case making such a request would have been futile since one correspondent assured us that “if I find another one (Ridgerunner) thrown in my yard, I will file a “littering” complaint with the Sheriff’s office.” Opinions of sore winners do nothing to change our stand on the question of incorporation because incorporation is needed, is right for the community, and its sole object is protection of individual homeowners. A plan for the first year of the existence of Jacobs Well not only exists, but was presented at an open meeting at the VFW Hall. Below is a summation of that plan.

➢ First year finances:
1. Franchise fees
2. Building permits
3. No paid employees
4. Expenditures held to insurance, publication costs,
membership in Texas Municipal League possible training
NO TAXES

➢ First year priorities:
1. Coordination and cooperation with Wimberley,
and Woodcreek in matters of public safety
2. Investigation of possible grant for enhanced
law enforcement
3. Enlist volunteers for all village boards
4. Create committees composed of volunteers for
P&Z and any other boards deemed necessary
5. Hold an open village council meeting monthly
Consider and pass initial village ordinances
Investigate possibility of starting a village
newsletter
6. Development of a comprehensive plan for
the community
7. Encouragement of participation by all citizens
in village government
Mickey Trent, Editor

It didn’t take long to figure out just who made up the “Woodcreek Property Owners Against Incorporation”. The forest of blue and white signs often led directly to developers’ properties and sometimes even to vacant houses under contract to realtors. This group had only one concern, the bottom line. In proclaiming that the proponents of incorporation had no plan, opponents opened the door to the question of just what, beyond the bottom line, was their plan. Perhaps the suggestions below will make their goals clearer:
Overbuilding? YES!
Unrestricted access to our area? YES!
Scaring up a phantom tax? YES!
Conscientious development? NO!
Concern for the environment? NO!
Concern about utility rates? NO!
Concern about water availability? NO!
Government by/for the people who live here? HA!

Most telling of all, the response to a question about their plan by the only visible member of the opposition’s organization on the day of the election: “We don’t need a plan. Now we can do whatever we want to out there.”

Joseph Goebbels (1897-1945) spoke this unfortunate, but profound truth: no matter how big the lie, if it’s repeated often enough, people will come to believe it.

Staffers at the WPOA testified on behalf of our community at a recent hearing in Austin regarding concerns about Aqua Texas and other water provider utilities throughout Texas. Also testifying was Woodcreek North resident Sue Hollis who had received a letter from Mr. Rose inviting her to speak on these issues. Apparently, anyone in our area who contacted Mr. Rose about Aqua Texas rates received an invitation to attend the hearing and to address the committee.

WPOA office manager Janelle Delaney and administrative assistant, Sue Csejka testified about these issues. WPOA Roads Manager Bill Bradfield went along to voice his very strong concerns also. Mr. Rose is sponsoring a bill (HB 3366) which relates to the rates charged by a water and sewer utility. His bill had been referred to the Natural Resources Committee for public hearing.

Although very interesting, the process made for a long day. The hearing began at 10:00 a.m. and was not finished until 5:00 p.m. Our representatives’ testimonies were not taken until about 4:00 or 4:30 p.m. after they had heard the utilities’ side of the story repeated ad nauseum. Several water utilities were represented, all having the same story about the way their rates and rate increases are configured and each one using basically the same rationale for adding recovery of legal fees and deferred capital expense surcharges to customers’ bills. The companies apparently feel perfectly justified in subjecting rate payers to their exorbitant fees while defending them by noting TCEQ’s having permitted the rates and surcharges.

That the outrage over the utilities’ total disregard for the rate payers holds sway over the entire state was made obvious by the number of protesters in the hearing room. Aqua Texas is, by far, the most outrageous of these offenders. The company runs rampant over all areas of their coverage.

We do not yet know if HB 3366 has made it out that committee and on to the Calendars Committee to be scheduled to go on the Senate for discussion/resolution. Representative Rose’s office will keep us apprised of its progress.

There were plenty of questions on the minds of those who attended the informational meeting regarding the incorporation of Woodcreek North as Jacobs Well Village this week. Questions ran from matters of the financing and housing of a city government to taxation and the possibility of annexation of our area by one of the other nearby municipalities, to the question of what becomes of the Woodcreek Property Owners Association if the area should incorporate.

On the matter of taxation, those who have studied the possibility are reasonably certain that income from franchise fees could be enough to run a city government without the necessity of enacting a property tax. The city would run on the services of volunteers and would have no salaried employees. Anticipated are expenses such as dues to and the purchase of insurance from the Municipal League, legal consultation, engineering costs, rent and utilities for a small office in the same building now housing the WPOA. The property owners’ association would continue to function as before with annual fees going to the upkeep of roads and maintenance of common areas. The city’s function would be to exercise its powers of planning and zoning, overseeing of its extraterritorial jurisdiction and estab- lishing ordinances such as a ban on fireworks and codes such as uniform building requirements. The city would also have the power to create a comprehensive plan for future development.

Once incorporated, a city government can begin negotiating franchise fees with all the businesses that operate the area. In our own case, these would include companies providing services including water and sewer, telephone, electric, cable and trash removal. Based on figures from another nearby community, it is projected that such negotiated fees would provide enough income to allow the city to function efficiently. In addition, a city would be eligible for improvement grants and lower insurance rates for its residents.

Proponents of incorporation point out that, as things stand now, as an unincorporated area we are governed by Hays County, have no ability to negotiate with utility companies, have no ability to affect in any way what is done in the areas around our borders. They contend that growth in our area has already and will continue to affect the entire Wimberley Valley, and that is one of several reasons we need to be able to govern ourselves.

The question of incorporation will be on the May 9th election ballot and can be voted on only by registered voters who live in the area proposed for incorporation. The proposed Jacobs Well Village covers 2.3 square miles. It is comprised of 1,430 acres of land, has a population of over 2,000, has some 800 existing dwellings and 27 houses under construction. There are 3,567 platted lots, 1,600 of those are unimproved.

Because state law limits elections to twice a year, should our area choose to become incorporated, there would be a period of six months before an election could be held to name a mayor and five council members. There is some hope that the governor might address this defect so that an election could be held sooner. Failing that, the interim plan would be to form volunteer committees to address needs leading up to such time that the city could elect its mayor and city council.

If you would like to be kept up-to-date on developments or can volunteer to help in this effort, please send an email to: miztrent@gmail.com or check on the web: ridge-runner.org.

To: Hays County Citizens
From: Judge Liz Sumter
Our mothers told us that nothing worth having comes easy and boy was she right. For decades, counties have struggled with growth, economic development, natural resource and property value issues with limited success. County officials have come under fire from their constituents for not protecting their property values, letting their wells run dry or allowing a not so desirable neighbor move in next door. Rightfully so for heaven’s sakes, after all we are the closest elected official, reachable at all hours of the day and the one you see at church, the post office, grocery store and yes, every so often the local eating and drinking establishment — we are your neighbor and we are supposed to fix it. I mean, really, that is the reason you voted for us, right?

We share your frustration and we intend to fix it. Eighteen months ago more than 40 Texas Hill Country elected officials came together to discuss our common challenges and despite our differences — yes, there are differences from Llano to Bandera to Hays County — chose to work together to fix it. Our biggest common challenge — being located in a fragile region experiencing a tremendous rate of growth. Ninety percent of the Texas Hill Country lies in unincorporated areas governed solely by county government. A government that has little to say about how and where development occurs. Scary? You betcha — Worth fixing? Without a doubt — Easy to fix? Well, that depends on the state legislature and the county elected officials.

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

Every legislative session in Texas, bills are filed to grant our counties some very basic planning tools common in just about every other state. So far, we haven’t succeeded. This year is different, this year the Hill Country region built consensus around very modest, necessary legislative changes that will allow us to be better neighbors with each other. We believe, now more than ever, counties need authority to chart a new course for development and responsible growth in the Hill Country.
We are asking for three ways to better manage growth:
First and foremost, we want to be better neighbors to each other. We recognize that development is a good thing, vital to our existence, and should be encouraged. We also recognize that sometimes being good neighbors means being a little further apart. We need the authority to establish minimum setback requirements between incompatible land uses. Counties currently only have authority to ask folks to build their structure a little bit back from the road. We need more than just road setback authority — we need side, front and back setback authority. Today, new industrial or commercial developments can be located right on the lot line of an existing neighborhood, school, home or family ranch. This can make for bad neighbors, whether it negatively impacts on public health and safety, agricultural activities or property values, really doesn’t matter — the result is the same — bad neighbors, just because they are too close to each other.

Second, infrastructure cost recovery fees. Just a fancy way to say, you want to come to the Texas Hill Country, then you get to share the financial load with the rest of your neighbors. It is no secret that the monies for building roads are getting fewer and fewer and the burden of upgrading not just county roads but state roads too are up to the folks in the county. With the rapid growth we are experiencing, many county roads are too narrow and winding farm and ranch roads are designed for limited traffic volumes. Increases in traffic, brought on by new development, often cause the county and/or state road that accesses the development to become overcrowded and unsafe. A dedicated fee from developers is necessary to make the roadway safe and provide for proper drainage (we don’t want you to flood your neighbor next door) is necessary to share the financial load.

Third, we don’t want our wells to go dry if we can avoid it. The ability to set density rules in areas that are particularly vulnerable to water depletion and water quality degradation would help us manage growth and plan for future development. “Share and share alike” a golden rule our Moms taught us — is the only way we can co-exist and grow. The Texas Hill Country region’s topography, flooding issues, fragile aquifers and limited water supply warrant special legislative consideration. Current county authority permits counties to establish minimum lot sizes when groundwater is the source of water. However, counties need authority to determine reasonable density limits for development that includes consideration of other issues such as, drainage, topography, and flooding.

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

Representative Patrick Rose — patrick.rose@house.state.tx.us
Senator Jeff Wentworth — jeff.wenthworth@senate.state.tx.us

To Hays County Citizens

From Judge Liz Sumter

Water is the topic of the day, the fight of the future, and the I told you so of the past. While we can’t avoid it being the topic of day, particularly in the middle of a drought, we can lessen the fight of the future and maybe even eliminate the I told you so of the past.

The Trinity Aquifer is being over-pumped today; we are depleting our groundwater resources faster than we can recharge them. If we are to avoid pumping the aquifer dry, we must take a comprehensive water management approach. That approach must give us the ability to manage our groundwater resources, enforce strict conservation methods during drought conditions, encourage conservation during water rich periods, bring in surface water to relieve the over pumping pressure off of the aquifer, and make all of us equal partners in our water management future. The notion of equal partners is extremely important, so let me define partners for you — water utility providers, well owners, rainwater system owners, and government entities that determine policy that affects water usage, management, and movement.

We cannot be successful if we undertake one aspect of water management, such as bringing surface water in to relieve the pressure off of the aquifer, without tending to all of the other steps simultaneously. To do otherwise puts the burden on one or more partners — while the other partners enjoy the benefit. Everyone must share equally — financially or otherwise, the burden and the benefit of water to be successful.

Now is the time to take several steps simultaneously toward a sustainable water future. The legislature should give Hays Trinity Groundwater Conservation District full Chapter 36 status with one exception —current residential well owners should be allowed to continue as they are today — provided this exception comes with the following conditions: (1) the current residential well owners, in times of drought, should abide by the same drought management plan everyone else does in the district and (2) the pumping limit should be lowered from 25,000 to 10,000 gallons a day and (3) if the well owner repeatedly wastes water then the exemption should be removed. Further the exemption of a current residential well owner should expire and be permitted when one of the following conditions change: the owner of the property changes hands or the usage of the water (residential) changes.

At the same time, surface water should be secured and brought into the district solely for the purpose of reducing pumping from the Trinity aquifer. Remember, we are currently over-pumping the aquifer. In times of drought, we need to reserve water for existing wells and replenish rainwater tanks. Unfortunately, for the foreseeable future, surface water for certain areas in the district will be tenuous, at best. Our rights to water will be junior to anyone else’s rights from which we secure surface water. We must be sustainable with our one groundwater resource and encourage as much rainwater collection as possible.

It is a tall task, but I am confident that all of us — elected leaders, water utility providers, well owners and rainwater system owners — are up to the challenge and that we will insist that the right thing be done.

From Judge Liz Sumter

IS GOOD HEALTHCARE IMPORTANT TO YOU AND YOUR FAMILY?

Hays County is making progress in bringing health care facilities to our area to meet the needs of our exploding population – but we need to hear from you!

Health issues in our county have always been of great concern to me. A little over a year ago, I had the opportunity to work with a great group of folks, now known as the Hays County Coalition, from all walks of life who wanted to improve health care in Hays County. Today, we continue to work together to assess, improve, educate and find ways to provide more accessible health care to everyone.

The Hays County Coalition, made up of community leaders, continues to lead the effort to bring primary care to our area. Good things are already happening in our county to serve our citizens. CommuniCare Health Center recently opened a Clinic in Hays County to help serve our medically underserved population , CTMC is expanding its ability to serve our citizens, and the Seton Medical Center currently underway on I-35 near Kyle and Buda will serve all of Hays County.

A Health Assessment was recently commissioned by Hays County and Seton to help identify where our county needs to head in the future. We have those survey results and now, we need to pass them on to you as well as hear what you have to say about future health care in our county.

We plan to hold four Health Care Meetings in Hays County next month. On the panel to answer your questions will be your County Commissioners, Mayors, Hays County’s Personal Health Director, and representatives from Central Texas Medical Center, Seton Hospital, CommuniCare and Central Texas Sustainability Indicators Project. The moderator will be Bobbi Ryder, President and CEO of NCFH. It is important that you attend one of these meetings, get your questions answered, and give us your opinions and ideas about how to address the growing health needs in Hays County.

Please try to attend at least one of the meetings. Dates, time and places are:

March 16, Monday, at 6:00 p.m., Buda City Hall, 121 Main Street, Buda

March 18, Wednesday, at 7:00 p.m., Dripping Springs City Hall, 511 Mercer Street,
Dripping Springs

March 24, Tuesday at 7:00 p.m., San Marcos Activity Center, 501 E. Hopkins, San Marcos

March 25, Wednesday at 7:00 p.m. Wimberley City Hall, 12111 RR12, Wimberley

My hope for the future of Hays County is a healthy one for all of us – but it will take all of us to get there. The first step is your voice. Please join us as we explore health care solutions for Hays County.

All the requirements have been met and County Judge Sumter has certified inclusion of the question of incorporation of our area as the City of Jacobs Well on the May 9 election ballot. According to state law as it currently stands, should the community choose incorporation, there would then follow a second election for a mayor and a city council composed of five members. Proponents plan least one informational meeting before the election in order to present information about how becoming incorporated could benefit not only our community, but also the entire Wimberley Valley.

The dispute between Wimberley Springs Properties and Woodcreek POA regarding maintenance fees that had lasted for several years has been resolved. The settlement called for WSP to pay past due assessment claims and the parties have agreed on a method of calculating future annual assessments. A part of this agreement provides that Wimberley Springs can choose to pay future assessments or to perform road improvements that are agreed upon by both organizations.