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News-Dispatch Volume XXXIX No. 32
Serving Western Hays County, Texas since 1982
75¢ Thursday, May 16, 2019
County rejects defender’s grant for a second time BY KATIE BURRELL
Lingering issues on a grant application meant to fund a public defender’s office led Hays County Commissioners May 10 to reject a second attempt at approving the item. The move happened when no other commissioner seconded a motion
by Hays County Judge Ruben Becerra to approve the application. It was the second discussion on the Texas Indigent Defense Council (TIDC) grant in roughly a week’s time. County commissioners shot down the application in a similar fashion at the May 7 meeting. The grant application was due May
The Texas Indigent Defense Council (TIDC) grant would have provided 80% funding to participating counties and reduces funding to public defense operations over several years.
10. The TIDC grant provides 80% funding to participat-
A significant qualification of the grant application is the support of county staff, county judges and district judges. However, Becerra did not have that support secured May 7 and still did not have it May 10. The rest of the appliing counties and reduces cation was not completed the level of funding for when first presented to the counties over several years. Commissioner’s Court dais
May 7; Becerra said the application was completed by May 10. But several commissioners were worried about a continued lack of information on the application, as well as a lack of support behind it. Those same issues led commissioners to
DEFENDER’S OFFICE, 2
Wimberley okays wedding venue rezoning
Funding woes stifle TCEQ
BY EXSAR ARGUELLO
BY EXSAR ARGUELLO
In a final vote before a new council is sworn in, the Wimberley city leaders approved a zoning change that would allow additional development at The Water’s Point Hill Country Wedding Venue. The council approved the Wimberley Planned Development District (WPPD) in a 3-1 vote. Councilmember Allison Davis was the lone dissenting vote. Councilmember Erik Wollam recused himself because his law office is located near the wedding venue site. Owner Natalie Meeks, who is also the chair of the city’s Planning and Zoning Commission, said the property was incorrectly zoned when the city was incorporated in 2000. The new zoning change would allow her family to expand its business, which is located off of RR12 in the city limits. “If our business burned to the ground tomorrow, we wouldn’t be able to rebuild because of the zoning,” Meeks said. The proposed project would include the addition of six lodging cabins, expansion of existing infrastructure, a restaurant, swimming pool and office/retail space. The impervious cover on the property
Despite dying in committee, a bill aimed at increasing the penalty imposed by the Texas Commission on Environmental Quality (TCEQ) for environmental violations stirred a conversation about the agency’s lack of oversight. House Bill 3035 by Rep. Erin Zwiener (D-Driftwood) would have required TCEQ to ensure the amount of any administrative penalties that could be given is at least equal to the value of the economic benefit gained by the alleged violator. “We have more facilities applying for TCEQ permits every day, particularly in the aggregate industry,” Zwiener said. “We need to be confident that TCEQ has the regulatory structure in place that encourages new permittees to be proactive.” Zwiener said larger companies with TCEQ permits can violate the contingencies of that permit because the consequences don’t outweigh the economic impact to that business. If it’s cheaper to pollute the environment, there is little incentive to change.
VENUE ADDITIONS, 2
PHOTO BY MOSES LEOS III
FM 150 water crossings closed indefinitely
Roadway damage caused by flooding along Onion Creek forced Texas Department of Transportation (TxDOT) officials last week to close the RM 150 double crossings for an indeterminate period of time. Diann Hodges, TxDOT public information officer, said the crossing will be kept closed for another week or more until officials can determine the “best path forward” for the roadway. While officials understand the need for repairs, they are still figuring out “what that looks like.” The closure has created headaches for commuters who use RM 150 as a means to reach Driftwood and Dripping Springs. An alternate route can include using FM 1626 to RM 967 to RM 1826 to RM 150 or using FM 150 in Kyle to FM 3237 to RM 12 in Wimberley.
Neighbors accuse venue of pollution BY EXSAR ARGUELLO
Accusations of creek pollution caused by construction of a controversial Driftwood wedding venue is generating concerns from residents who worry the issue could negatively affect the Edwards Aquifer. The Driftwood-area Mark Black Wedding Venue, located on Crystal Hills Drive in Dripping Springs’ extraterritorial jurisdiction (ETJ), was cited in February 2019 for three environmental violations,
which have since been addressed by the owner. The venue is owned by Mark and Michael Black. But three months later, nearby residents are still seeing potential environmental violations near the construction site. Carlos Torres-Verdin, president of Friendship Alliance and neighboring resident, said multiple eyewitnesses are seeing a milky substance run through
PHOTO COURTESY OF CARLOS TORRES-VERDIN
Neighbors of the wedding venue construction have wit-
VENUE POLLUTION, 8 nessed a milky substance draining into the creek.
– to allow important infrastructure projects that provide significant public benefits,” according to the release. “Halting natural gas pipeline projects in the state would undercut the Texas economy and widespread community benefits.” Kinder Morgan’s move
The agency’s funding has been a topic of contention in the Texas Legislature for a decade. A lack of state funding to TCEQ means the agency must take a reactive, not proactive, approach to adequately citing offenders. Zwiener said the agency is set up to be self-funded through the permitting process. However, that money doesn’t go directly to the agency’s account. The monies are funneled to the State Treasury’s office and allocated. “We consistently have not put all of those funds back to TCEQ,” Zwiener said. “This isn’t about beating up the agency, but giving them the tools to be successful.” Alex Perkowski, Policy Fellow on Zwiener’s staff, said the agency has an interest in having facilities operate, a flaw in its funding
KINDER MORGAN, 8
ENVIRONMENTAL BILL, 8
Kinder Morgan files a motion to dismiss eminent domain lawsuit BY MOSES LEOS III Roughly a week after multiple parties filed suit against Kinder Morgan’s Permian Highway Pipeline (PHP), the Houston-based firm fought back by filing a motion to dismiss the claims, according to a press release. The filing, submitted May 7, asked the judge in charge of the case for a summary judgement based on “ample reasons” for dismissal, according to Kinder Morgan officials. It is unknown at this time if a decision on the motion has been made. According to the release, the plaintiffs,
“The lawsuit is a prime example of why eminent domain exists – to allow important infrastructure projects that provide significant public benefits. Halting natural gas pipeline projects in the state would undercut the Texas economy and widespread community benefits.” –Kinder Morgan press release
which include Hays County and the city of Kyle, assert “no wrongdoing” on the part of Kinder Morgan. “In addition, they are demanding relief under a statute that does not create a right of action against a private party like PHP,” according to the release. Kinder Morgan officials also said the law-
suit “ignores the fact” that the PHP’s eminent domain rights derive from the Texas Constitution and the Texas Legislature. Officials cited more than $14 billion in state and local taxes and state royalties were paid by the oil and natural gas industry. “The lawsuit is a prime example of why eminent domain exists
FUNDING WOES FOR TCEQ