FEBRUARY 14, 2018 ELECTION
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Medical marijuana dispensary opens in Manchaca.
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Hays Free Press © Barton Publications, Inc.
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Vol. 121 • No. 47
HaysFreePress.com
Serving Buda, Kyle and Northeast Hays County, TX
Stepping into short term rent fray
Two killed in separate wrecks on FM 1626
BY EXSAR ARGUELLO
BY MOSES LEOS III
The debate over shortterm rentals (STR) has now made its way to Kyle. On Feb. 6, the Kyle City Council directed the city’s Planning and Zoning Commission to further study STR in the wake of potential city regulation. Talk of regulating STR was first introduced via a Jan. 26 city newsletter to residents, which announced the practice was not allowed in residential zones. But the STR movement has seen its fair share of legal arguments, mainly in a city’s ability to legislate whether homeowners can use their property for commercial use. Cities like Austin, San Antonio and San Marcos have recently dealt with issues surrounding shortterm rentals, with Kyle now joining the fray. However, Kyle does not have an ordinance in place to legislate the use of STR in the city’s residential areas. The absence of a STR ordinance doesn’t necessarily mean that STR can’t ever be regulated, said Abbey Gray, Media Law professor at Texas State University. Currently, no state laws exist that prevent cities from crafting ordinances surrounding STR. In 2017, Senate Bill 451, authored by State Sen. Kelly Hankock (R-North Richland Hills), aimed to curb cities from passing regulations against STR. While the bill passed the senate in April 2017, it ultimately died in committee before going to the Texas House of Representatives. “The only thing that seems clear to me is that the city couldn’t likely retroactively apply a penalty to STR that occurred before the decision was in place,” Gray said. Executives usually have discretion in enforcement. For example, if the city sees that STR are
Speed was determined to be the primary cause of a fatal single-vehicle rollover wreck that took place Saturday morning along FM 1626 at Oakwood Drive. The incident was the first of two separate fatal crashes that occurred within a 12-hour time span on FM 1626 near Buda. Jonathan McDonnell Baker, 45, of Kyle was identified by authorities as the victim in the wreck on FM 1626 near Oakwood Drive.
PHOTO BY KATE BARTON
Texas State University student Zayra Sanchez readies herself as a nurse prepares to administer a flu shot at the Live Oak Health Partners Community Clinic in San Marcos. Hays County officials Feb. 13 administered 500 free flu shots to all who visited the clinic. Hays County began ramping up efforts for flu shot awareness following the first flu-related death in Hays County. The victim was described as an elderly Wimberley man who died as results of complications from the virus. See the full story online at www.HaysFreePress.com.
Citizens On Patrol
Buda mulls over crime prevention program BY SAMANTHA SMITH A proposed program could give Buda Police more eyes and ears on the streets. On Feb. 6, Buda Police Chief Bo Kidd introduced the department’s Citizen on Patrol (COP) program, which could go before the city council for approval later this year. “The COPs are similar to a neighborhood watch, but more intensive,” Kidd said. Kidd proposed a 12-week Citizens Police Academy in order to teach interested citizens what it takes to be in law enforcement before they undergo the responsibility of volunteering for the city. Kidd said the intended use of COP volunteers would be to “act as eyes and ears and nothing more than that.” Volunteers under
“The COPs are similar to a neighborhood watch, but more intensive.” –Bo Kidd, Buda Police Chief
the COP program will not be armed in any way. The citizens police academy would be a good vetting process for interested citizens, Kidd said. Under the city’s proposed COP program, residents would be given more training before they are activated in the community. “Neither COPs nor neighborhood watch groups are vigilantes, they don’t take enforcement action and are simply there to observe and report,” Kidd said. Council members seemed to be in favor of the idea, but wanted to make sure to
proceed with caution when creating a possible COP program. “I think we could stand a good citizens patrol in Buda, but I would like to proceed carefully and deliberately in doing so,” Kidd said. Buda Mayor George Haehn said he was eager to see how Kidd would structure the lesson plans for citizens. “I like the idea of a 12-week citizens police academy and I would like to see us move forward with this,” Haehn said. Council member Evan Ture said he was interested in the proposed program as well,
COMING UP Free Computer Classes
The San Marcos Public Library offers free computer classes each Wednesday, 10 a.m.-11 a.m., in basic computing skills, internet, email, Microsoft Word, and Microsoft Excel. You can also get help with your tablet. Looking to apply for a job? We’re here to help with resumes and online applications. 625 E. Hopkins Street in San Marcos. For more information, call 512-393-8200.
The Onion Creek Senior Citizens will host a Country Western Dance at the senior center Feb. 15, 6-9 p.m. Music by "Nite Shift", $6 per person. Kitchen hours are 6-8 p.m. The senior center is located at 420 Barton’s Crossing. For more information, call 512-2953413.
TRAIL UPDATE
County to connect local nature trails. – Page 1C
but cautioned Kidd to be lean with resources while researching the process of establishment. In a later interview Kidd said creating a COP program was only a single step in the whole process. Creating a citizens police academy was important to do first, he said, adding that it would take a lot to make that happen. Kidd said not having enough police officers was an issue for every police department. However, introducing the COP program was meant to gauge city leaders’ response to the idea to see if this is something they should do. “This is not something you just throw together and roll out. I want to make sure we lay a good foundation and do it right,” Kidd said.
Philosophy Dialogue
OCSC Country Western Dance
INDEX
SHORT TERM RENTALS, 2A
Hays County sees first flu-related death in 2018
The Texas State University Philosophy Department brings the Common Experience to the San Marcos Public Library with the Philosophy Dialogue series. This year’s theme is “The Search for Justice: Our Response to Crime in the 21st Century.” Join faculty, students and special guests in a lively discussion each week. Wednesday, Feb. 21 “Texas Jailhouse Music,” presented by Caroline Gnagy. Wednesday, Feb. 28 “‘Illinois Speaks’: My Work with a Statewide Dialogue Program,” presented by Nicoletta Ruane, Philosophy Department, Loyola University Chicago. The presentations are 4:30 -6:30 p.m. at the library, located at 625 E. Hopkins St. in San Marcos. For more information, call 512-393-8200.
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FM 1626 FATALATIES, 2A
$40K in marijuana seized in traffic stop in Kyle BY MOSES LEOS III What was thought to be a routine traffic stop on Interstate 35 in Kyle Feb. 2 eventually led authorities to seize more than nine pounds of marijuana, an illegal firearm and more than $16,000 in cash. Authorities have now charged William Douglas, 31, and Dana Douglas Swann, 57, both of Kyle, with possession of marijuana between five and 50 pounds, which is a third degree felony. Douglas was also charged with resisting arrest, a Class A misdemeanor, interfering with public duties, a Class B misdemeanor, and unlawful possession of a firearm by a felon, which is third degree felony. Jeff Barnett, Kyle Police chief, said a Kyle Police officer conducted a traffic stop on I-35 access road near the 217 exit Feb. 2 for a traffic violation. Barnett said the officer smelled marijuana when they approached the vehicle, which prompted a probable cause search. While searching the vehicle, the officer discovered an undisclosed amount of illegal drugs, along with a firearm and an undisclosed amount of money. Douglas was placed under arrest at that time, Barnett said. However, officers continued their investigation and obtained a search warrant
MARIJUANA SEIZED, 2A