Archive for March, 2009

Recalling Vicky Wharton: a new call for justice

Sunday, March 29th, 2009

Writing about the late Margaret Campbell Banberger earlier today (see the previous post) brought to mind again the 25-year-old unsloved murder of another environmental activist and agitator, Vicky Wharton, in Bastrop County. On Feb. 6, 1984 her scantily clad body was found with 25 stab wounds beside a raw rural subdivision road south of Elgin off FM 1704. She was 31.

No one has ever been charged, arrested or tried in connection with the brutal death.

Vicky joined Margaret Campbell and other early stalwarts of the Central Texas Lignite Watch not long after its formation. She had a rather public life in the county as an environmental activist, propagandist and spokesperson as well as a far more private life as a sex worker in nude modeling “studios” and an apparently independent escort service in Austin.

The murder was front-page news in Bastrop County newspapers for weeks afterward, but the criminal investigation was plagued with problems from the start. First, investigators could not immediately identify the victim. The body, dressed only in a house robe, carried no identification. Her Ford pickup was later found miles from the murder scene a few hundred yards from her residence in Sayers (west of Texas 95 between Bastrop and Elgin).

Vicky’s body was found on Monday morning. I think it was sometime Tuesday afternoon before investigators had a tentative identification. Her home in Sayers was not searched until sometime Wednesday. At the time investigators said they believed she probably died late Sunday night. Her modest home, a trailer house on rented property, revealed no sign of a struggle, they said. The trail was already getting cold.

And the subsequent investigation was complicated further by political rivalries. The sheriff, Tommy Moseley, was running for re-election. A former sheriff, Nig Hoskins whom Moseley had unseated in 1980, was running against the incumbent. And a newcomer, Judy Edwards, who was an investigator for the district attorney’s office, had made herself the first woman to seek the sheriff’s office in Bastrop County. Moseley asked Texas Ranger Ron Stewart for assistance in the complicated affair.

In less than a month, squabbles broke out among the agencies about who was pursuing the case diligently and who might have been withholding information from other investigators. Clearly, it was a mess.

And in the mele, the murderer vanished, unidentified to this day. Essentially the case has been stalled ever since.

A few years ago former Bastrop County Chief Deputy Sheriff Ronnie Duncan tried to breathe new life into the long-cold case. That effort cleared a few former possible suspects but fell short of revealing promising new lines of investigation, so far as I can tell.

Earlier this year I mentioned the case to Chief Deputy Charlie Littleton, who has begun trying to locate the sheriff’s department’s files and aging evidence. District Attorney Bryan Goertz, who was a college undergraduate when Vicky was murdered, said more recently his office will afford any assistance in its power.

It’s still an unsolved case that I (and many other old timers from the area) hope to see resolved. Justice is overdue.

In Memoriam: Margaret Campbell Bamberger

Sunday, March 29th, 2009

A leader of the first wave of environmental activists and agitators in Bastrop County beginning in the late 1970s, Margaret Campbell Bamberger, 70, died at her Bamberger Ranch home near Johnson City on March 6, after a struggle of more than four years with lung cancer.

She was much more than an activist. She nurtured her own three children and many others over the decades. “She was like a second mother to me,” said one of my sons, Reuben McAuley, who came to know her in the mid 1970s. She was also a gifted photographer, an artist, acclaimed teacher and generous soul.

When Lower Colorado River Authority officials announced plans (early in 1979, I believe) to lease almost 6,500 acres at Camp Swift to strip mine deposits of soft coal for electric generating fuel, Margaret was among the first handful of local folks to step forward as volunteers to organize opposition efforts either to halt the project or minimize its poetntially harmful effects. That early group, known as the Central Texas Lignite Watch, was the mother of later efforts on other environmental fronts including work undertaken by the Bastrop County Environmental Network, Neighbors for Neighbors and related organizations.
When LCRA plans to mine Camp Swift came to grief about two years later–for reasons only partly related to CTLW efforts–the agency shifted its focus to creating an even larger mining effort in Fayette County, but Margaret and her colleagues followed that plan as well and quickly stirred up local opposition there to reinforce the critics. By that time CTLW had also linked up with environmental activists in Austin who helped persuade that city council to back away from an increasingly complex, costly and environmentally questionable enterprise.

Also during the early 80s other facets of Margaret’s talent began to emerge, including photography and drawing, along with a deepening understanding of the natural world and how it works. Most early issues of the Bulletin of the Sayersville Historical Society, a local history group from central Bastrop County, were illuminated by her work, including technical illustrations such as prehistoric stone projectile points and later archaeological artifacts from the area. Perhaps she reached her largest audience with the illustrations for Water from Stone, The Story of Selah, Bamberger Ranch Preserve (Texas A&M University Press, 2007). Margaret married J. David Bamberger in 1998 and spent the rest of her life with him at the ranch preserve near Johnson City. She also produced a wonderful series of hand-colored prints based on many of those same illustrations.

Ave atque vale, Margaret. We will not see your like again.

Her last public appearance, I believe, was Feb. 22 at a reception in her honor at a gallery and sculpture ranch just west of Johnson City. It was thronged with friends and family, including a number from the Bastrop area. A memorial service in her honor was also held in Austin on March 28

She is survived by her husband; a sister, Mary Greene; three children, Chris Campbell of Austin, Margie Crisp and Franny Sharp of Elgin; and a number of grandchildren.

Bastrop County commissioners okay plan to boost sheriff’s department patrol force with grant money

Monday, March 23rd, 2009

Bastrop, Tx–At their regular business session March 23, Bastrop County commissioners approved a grant application seeking up to 12 additional patrol officers for the sheriff’s department. If approved, the federal grant would cover the first three years of salary and benefits for the new officers.

Accepting the grant if awarded, however, commits the county to funding their pay for at least one additional year as well as spending roughly $50,000 each to buy patrol cars, weapons and other equipment, said Bastrop County Auditor Lisa Smith.

For 12 new officers, that’s a $600,000 bite out of the county’s operating budget for the fiscal year which begins in October, said County Judge Ronnie McDonald. He suggested that March may be too early in the year to begin setting costly budget priorities for the coming fiscal year.

Sheriff Terry Pickering asked commissioners to apply for up to 15 more patrol officers. Pct. 4 Commissioner Lee Dildy suggested that seeking nine additional patrol officers might be a more reasonable step. Initially he was backed by Pct. 1 Commissioner Willie Pena.

Smith said in recent years the county has added an average of about three additional patrol deputies each year and the grant funds for pay and benefits, if approved by grant reviewers, would represent a significant saving to local taxpayers over three years.

McDonald warned that current economic conditions could pose a significant challenge to the county in the coming budget year.

Pct. 2 Commissioner Clara Beckett and Pct. 3 Commissioner John Klaus called for trying to add 12 patrol officers beginning, perhaps, late this year after grants are awarded. “People want to see more patrols,” said Klaus. “I hear that everywhere.”

When it came time to vote, all four commissioners endorsed the 12-officer application.

Public meeting set on new museum plan for April 7, city council action could follow April 14

Monday, March 23rd, 2009

Bastrop, Tx–During a March 20 special session the Bastrop City Council agreed to hold a public meeting on April 7 to lay out for comment a proposal to reuse the present City Hall as a museum operated by the Bastrop County Historical Society.

The meeting will begin at 7 p.m. at the Bastrop Public Library, 1100 Church St.

In its current form the proposal calls for the city to lease the building to the society at nominal cost once a new city hall can be occupied on Chestnut Street and set aside up to $500,000 from the city’s hotel room rental tax for future renovation of the Main Street property. In return the historical society would pledge to raise some $450,000 for building renovations and alterations to serve as a museum and downtown visitor center.

A lease of city property could run for up to 40 years, said City Manager Mike Talbot.

The city contribution to the project would become available only after the society raises its $450,000 match, suggested Council Member Willie DeLaRosa who heads a council talk force which has been studying the proposal since last November.

Council Member Julie Hart said the city could lower its present debt load by selling the present City Hall site outright to the society, even if it pledged to spend more on renovation costs from hotel tax revenues in the future.

Council reaction to the idea was mixed. “I’d have to think about it,” said Council Member Joe Beal.

Council Member Terry Sanders called for a public meeting to air the proposal as soon as possible, followed shortly by council action to adopt a plan. “A museum on Main Street is an asset,” he declared.

City Manager Mike Talbot said an independent appraisal of the Main Street property valued the site and building at $370,000.

Bastrop convention center, museum plan move forward

Monday, March 23rd, 2009

Bastrop, Tx–Council Member Julie Hart used a March 20 budget review session by the city council to renew her objections to moving ahead this year with construction of a convention and civic center on Chestnut Street. However, she failed to sway other members of the council.

She suggested a convention center might fare better in two or three years once the city has a marketing plan in place and hotels available convenient to the facility. Absent those conditions, “are we getting ahead of ourselves?” she asked.
Council Member Willie DeLaRosa argued that the council agreed in January 2008 to build the planned convention center. “It’s amazing to me that we’re still talking about it,” he said.

Council Member Joe Beal voiced a similar sentiment. “I thought we’d made that decision and are moving forward,” he said. Alluding to a five-year revenue and expense projection presented by City Manager Mike Talbot earlier in the meeting Beal added, “It’s feasible (to fund and open a convention center). The (financial) numbers show we will not be imprudent” in forging ahead.

The present plan is designed to boost visitor traffic in Bastrop, especially in the historic downtown area, said Mayor Terry Orr. “The prosperity of this town very much depends on bringing people in in a major way,” he said.

Hart suggested the convention center will provide little stimulus if it sits unused for a significant period because marketing plans and related facilities are not in place.

Joe Newman, president of the Bastrop Economic Development Corp., said developers are already in talks with at least three new hotel prospects interested in sites at the intersection of Texas 95 and Texas 71, in part because the location is convenient to the planned convention center.

Talbot said the city could sell bonds to complete financing of the project in the next two months, a convention center manager could be hired about the same time and construction could be underway as early as mid year.

“We’re still moving forward,” said Orr.

Board takes first step to set future groundwater levels

Monday, March 23rd, 2009

Bastrop, Tx–Despite the presence of a generally hostile crowd March 18, the board of the Lost Pines Groundwater Conservation District adopted a committee recommendation on what groundwater levels in Bastrop and Lee County should look like in 2060. Two board members voted against the proposal.

One of them, Ann Mesrobian, said she favored further talks with environmental groups, including The Sierra Club and Environmental Defense, before a vote.

Groundwater district staff and consultants defended the committee proposal, saying any defects can be remedied in the future, especially as better data and models for estimating the effects of permitted pumping become available. The planning and goal setting for future groundwater conditions must occur every five years, said consultant Katie Kaighin.

Steve Box of Bastrop-based Environmental Stewardship argued that current tools exist to evaluate the likely impact of current and proposed groundwater withdrawal on the Colorado River and its tributaries, a contention rejected by the board’s hydrology consultant Dr. Robert Kier. Current planning tools are largely worthless for estimating the contribution of groundwater to the flow of rivers and tributaries, he said.

In previous statements Box has charged that the current board proposal could result in irreparable hardmto the Colorado River in groundwater flows into the stream subside because of future pumping.

Kier said Texas laws regulating the use of groundwater are utterly different, and based on different principles, from laws governing the use of surface water in lakes, rivers and other streams.

Once the board has completed its recommended future conditions, the report will be forwarded to a local groundwater management area group, which includes a number of local conservation districts. The area group, in turn, will make a separate recommendation to the Texas Water Development Board which is charged with reconciling differences and conflicts among the recommendations from the state’s 16 groundwater management areas, said joe Cooper, general manager of the Lost Pines district.

The same process must be completed every five years, allowing for future adjustments as conditions change, said Cooper.

Bastrop County outdoor burn ban still in effect, despite rain

Tuesday, March 17th, 2009

Bastrop, Tx–Yes, most areas of Bastrop County received roughly two inches of welcome rain over the past weekend. And yes, the county’s emergency order banning outdoor burning because of ongoing drought conditions remains in effect, according Bastrop County Emergency Management Coordinator Mike Fisher.

And yes, officers of the sheriff’s department are still writing citations for burn ban violations. A citation can carry a fine of up to $500.

Fisher said he is still evaluating current conditions, in part because weather forecasts suggest more rain is possible over the coming weekend. He will report again on current conditions to county commissioners when they meet next on Monday, March 23. Commissioners could act then to modify or extend the emergency order on outdoor burning.

Bastrop business & industrial park expansion moves forward

Monday, March 16th, 2009

Bastrop, Tx–Following a public hearing Monday evening, the board which governs the Bastrop Economic Development Corp. agreed to press forward with a plan to develop a new area of its Bastrop Business Industrial Park south of Texas 71.

The immediate issue was spending roughly $275,000 for consulting engineer Gene Kruppa and his firm, BEFCO Engineering, to complete design work on the expansion work which is currently estimated to cost some $2.2 million for road and utility extensions.

The BEDC budget adjustments must still be approved by the Bastrop City Council.

BEDC President Joe Newman said few developable lots remain available in the original part of the industrial park, and other businesses have expressed interest in a Bastrop location.

Newman also suggested that perhaps half the $2.2 million expansion cost could come from current BEDC fund reserves of some $2 million. The rest could come from the 2010 fiscal year budget, avoiding the need for additional borrowing, he said.

Bastrop council sets Feb. 20 budget workshop review session

Monday, March 16th, 2009

Bastrop, Tx–The city council will gather at 2 p.m. Friday, March 20 for a review of Bastrop’s revenue and spending plans for FY 2009. The session is slated for City Hall, 904 Main St.

The chief focus of the review is expected to be how closely current revenues from sales tax, hotel occupancy tax, property tax and other income sources such as water and electric sales are following budget projections from last September. At the time of the budget approval last year, council members indicated that economic uncertainties suggested the wisdom of a revenue review about mid year in case spending plans need to be adjusted or curtailed for the final months of the budget year.

Bastrop’s fiscal year runs from Oct. 1 to the following Sept. 30.

Bastrop city council likes “bark park” plan for dogs, owners

Friday, March 13th, 2009

Bastrop, Tx–Except for a formal vote on the issue this week, the Bastrop City Council endorsed a proposal to build a doggie “bark park” across the street from the Bastrop police department on about one acre of city-owned land.

Judith Hoover, chair of the city parks board, told the city council Tuesday that the dog park proposal has been under study for the past two years and can be created for about $12,000. The idea is to set aside a public park area where canines can be loosed to play and socialize unleashed.

Council Member Willie DeLaRosa, while voicing support for the project, called for a delay on formal approval until City Manager Mike Talbot is able to vouch for the plan’s financial feasibility. Talbot did not attend the Tuesday council session.

The city manager was afflicted with the flu and unable to attend the meeting Tuesday, said Mayor Terry Orr.