Archive for November, 2009

Bastrop road creek crossing closed for up to four months

Friday, November 27th, 2009

Bastrop, Tx–Heavy rainfall and resulting sotrm water runoff over the Nov. 20-22 weekend forced the closure of a low water crossing on Riverwood Drive at Piney Creek in Bastrop for a much as four months.

The creek marks the western boundary between the City of Bastrop and Bastrop County on Riverwood Drive. City and county officials closed the crossing Nov. 23, saying the structure was undermined, failing and unsafe for further vehicle traffic.

Repair or replacement costs may be in the tens of thousands of dollars, but who will cover the repair expenses is uncertain, apparently. City and county officials met Nov. 24 to discuss the issue. When the crossing was built in the late 1980s, planning and other responsibilities were shared between the city and county, said former Pct. 1 county commissioner Johnny Sanders.

In a Nov. 25 interview, Bastrop City Manager Mike Talbot said he has discussed repair responsibilities with present Pct. 1 Commissioner Willie Pina, but some documents suggest the city limits end at the east bank of Piney Creek on Riverwood, a road which extends west from Carter Street in Bastrop, across the creek and farther west along Reid Bend on the Colorado River for another two miles or more.

If that proves to be the case, the creek crossing itself may be a county responsibility to repair or replace.

In a letter delivered to Riverwood Drive residents on Nov. 27, Commissioner Pina said the present crossing “will collapse if traffic is allowed to continue” using it. It will remain closed for up to 120 days while repair or replacement is being designed and carried out, he said. In the meantime, access to homes in the area remains open from Carter Street north of the Union Pacific Railroad line, across a separate Piney Creek bridge and along Reids Bend Road.

Neither the city nor county budgets for the 2009-10 fiscal year anticipate major repair or replacement of the Piney Creek crossing at Riverwood. Commissioner Pina’s Nov. 27 letter said the work will be put out for competitive bids by private contractors, suggesting the cost is likely to be more than $25,000 and possibly more than $50,000.

The city manager’s comments on Nov. 25 did not preclude the possibility that Bastrop could contribute to repair costs. Pina hinted he would like to raise the height of the crossing so that closings due to high water flow on Piney Creek could become less frequent.

A comment: Bastrop area water issues typify Texas conflicts

Monday, November 23rd, 2009

Austin American-Statesman reporter Asher Price is due a tip of the hat for his Nov. 18 story on negotiations to sell up to 40,000 acre feet of Bastrop and Lee County groundwater a year to the Guadalupe-Blanco River Authority to support population growth, probably in the area between Lockhart and San Marcos and the corridor along the Texas 130 toll road east of Interstate 35.

The news, really, is not that GBRA wants to buy groundwater from somebody, somewhere. They’ve been in the market for some years now without having struck a deal with anyone so far. Essentially there’s no more water GBRA can sell from its only reliable source, Canyon Lake, and there’s no money anywhere to build new impoundments.

However Price’s story makes startlingly clear some basic facts about the potential water future of the Bastrop area and how Texas law and current water policy could allow rural areas with (present) excess groundwater resources to be plundered for profit to support continued urban sprawl between Austin and San Antonio.

Bastrop and Lee County lie atop a segment of the Wilcox-Carrizo Aquifer presently assigned by state law to the supervision of the Lost Pines Groundwater Conservation District. The district presently estimates production from this source at 26,000 acre feet per year. The Texas Water Development Board, a state agency, estimates the district’s production capacity at perhaps 73,000 acre feet per year.

So what’s the problem? Private water marketing hustlers, smelling future profits, are busy trying to arrange commercial deals to soak up all that capacity and more, even as the Bastrop area is poised for potentially explosive growth in the next decade or two.

Price properly identifies some key figures in the race to tie up Central Texas groundwater resources and hints at some implications for the Bastrop area. First, perhaps, is an outfit called End-Op which is headed by former Williamson County commissioner Frankie Limmer, who is also building a new funeral home in Bastrop. Irony? We’ll see.

End-Op has leased significant pumping rights in Lee and northern Bastrop County and is talking to GBRA about selling it perhaps 40,000 acre feet per year. So far Limmer has not actually sought production permits from the Lost Pines conservation district, perhaps in part because its policy is not to grant water export permits unless there is a known and signed customer. A rival coalition of groundwater interests, calling itself Sustainable Water Resources, has also talked to Lost Pines about permits to produce some 45,000 acre feet a year. So far, however, SWR has not revealed any actual or potential customers, though its officials have dickered some with GBRA in the recent past.

Then there’s Blue Water, another water marketing enterprise, which already holds permits to produce up to 71,000 acre feet a year just across the border from the Lost Pines district in Milam and Burleson County. According to preliminary studies by the Lost Pines district, Blue Water’s proposed production could lower water levels as far away as Bastrop County by 100 feet or more.

These numbers already add up to more than the Bastrop-Lee County district can likely yield over a sustained period, say 50 years.

And Price doesn’t mention some smaller, more advance deals to supply Bastrop and Lee County water to areas closer to Austin. This year, for instance, the City of Manor paid Bastrop County $25,000 to sign a contract allowing the use of county road rights of way for a pipeline to send water (perhaps a million gallons a day from the McDade-Paige area) to Manor’s spreading subdivisions in eastern Travis County. If Manor actually builds this transmission line, Bastrop County gets another $300,000.

And don’t forget the contract signed this month between the XS Ranch development, west of Texas 95 just north of Bastrop, with Aqua Water Supply Corp., a member-owned utility based in Bastrop. Aqua agreed to supply XS Ranch with water for the equivalent of almost 7,500 housing units, apparently from its nearby Camp Swift well field. If built as presently planned, XS Ranch would have more residents than Bastrop does today. Bastrop was sending about 2 million gallons a day to its customers this summer, and the city is adding new water production capacity as fast as it can locate promising well sites.

Meanwhile the Lost Pines Groundwater Conservation District struggles to balance its conservation goals with the growing local demand and the ambitions of commercial water developers with deep pockets and an eye on more profitable markets farther afield. State law limits the power of such districts to restrict or curtail the export of water to other areas, even when they lie outside the impacted river watershed basin.

In that light a Nov. 21 guest column in the Austin daily bragging about the far sighted wisdom of Texas’ water planning process offers little comfort or support for local officials on the front lines of the state’s water wars. State Rep. Bill Callegari, a Houston area Republican who is vice chair of the House Natural Resources Committee, wraps his praise of the current process in various vague verbal phrases designed to disguise the plain truth: the groundwater of rural Texas is for sale to the highest bidders regardless of the needs of the local folks most likely to be left high and dry, in some cases like Bastrop and Lee County, within a generation or two.

School trustees begin superintendent interviews

Friday, November 20th, 2009

Bastrop, Tx–Bastrop school trustees began interviewing candidates Nov. 18 to replace Roderick Emanuel as superintendent of the Bastrop Independent School District. Emanuel resigned the post earlier this year but agreed to continue as acting superintendent until a replacement is hired.

Subsequently the school board hired an executive search firm to screen candidates for the position. The first round of interviews was set for Wednesday at the Bluebonnet Electric Cooperative headquarters on Texas 21 east of Bastrop.

The names of applicants for the opening and those selected for interviews have not been made public.

Juvenile murder suspect back in Bastrop court

Friday, November 20th, 2009

Bastrop, Tx–A 15-year-old suspect in the August shooting death of her mother in McDade was back in Bastrop on Nov. 18 for a hearing on whether she should continue to be held in a juvenile detention center in Seguin pending trial. After an appearance before 423rd District Judge Chris Duggan, the juvenile was remanded to custody.

The girl and her 18-year-old boyfriend were detained Aug. 17 in connection with the disappearance of Tracy Bellard, 42. Investigators believe Bellard was shot to death in her McDade home Aug. 14 and her body subsequently burned in a brush pile near Smithville.

Bastrop County Court at Law Judge Benton Eskew, who normally handles juvenile criminal cases in the county, has recused himself–on his own motion–from this case. Eskew did not explain his move.

The case was subsequently assigned to Judge Duggan whose court also has jurisdiction over juvenile matters.

Duggan has yet to take up a motion by prosecutors to consider the juvenile’s murder case under adult–rather than juvenile–criminal laws. A hearing on that issue is unlikely before January 2010, said District Attorney Bryan Goertz this week.

Also charged in Tracy Bellard’s death is Joseph Douglas who is being held in the Bastrop County Jail under $500,000 bail.

New housing starts resume at Hunters Crossing in Bastrop

Wednesday, November 18th, 2009

Bastrop, Tx–New residential construction is resuming in the city following a two-year hiatus. The city planning office has issued permits for erection of 14 new homes in the Hunters Crossing subdivision, Planning Director Stacy Snell said during a brief interview today.

In fiscal years ending in September 2008 and 2009 the Bastrop planning section issued only two home construction permits, according to city reports. As recently as September this year city officials were withholding new permits for additional building in Hunters Crossing because of questions about how the subdivision storm water drainage system was functioning.

The drainage issues were settled this fall and new home construction permits have been issued, said Snell.

GOP governors head to Lost Pines resort

Monday, November 16th, 2009

Bastrop, Tx–Drivers on Texas 71 west of Bastrop and residents who live in the vicinity of the Hyatt Regency Lost Pines Resort and Spa should not be surprised by unusual police presence and security measures in the area this week. Beginning Nov. 17 local authorities are braced for the arrival of Republican state governors from across the US for their annual national conference at the Lost Pines luxury retreat.

The GOP conference of governors is scheduled Nov. 18-20, according to the organization’s Web site. Local officials, including the county judge and sheriff, were briefed Monday on preparations for the assembly of political leaders with an eye on the 2010 election season.

Each of the 20 Republican governors is expected to bring a special security detail to the sessions, and the Texas Department of Public Safety plans to assign extra officers to each delegation, according to sources familiar with the preparations.

The governors also plan to spend some time relaxing from the rigors of public responsibility and political ambition. They have reportedly reserved Cindi’s Gone Hog Wild, a biker-themed bar on Texas 71 near Garfield, for a gathering during their Bastrop County confab.

County considers new building plans

Monday, November 16th, 2009

Bastrop, Tx–Beginning next year, Bastrop County commissioners could begin a five-year, $28 million building and road improvement program discussed Nov. 16 during a workshop meeting.

Bastrop County Auditor Lisa Smith urged commissioners to adopt a formal capital improvement program, whatever projects it ultimately includes, because most of the work must be financed by borrowing. Lenders are reassured by long range improvement plans keyed to growth projections and economic forecasts, she suggested.

In the coming year some signal upgrades are needed at the county jail, estimated to cost just over $400,000, to meet minimum state jail standards. County development services department chief Ronnie Moore also called for hiring a design and engineering team to begin work on a new building for the planning and environmental enforcement department, now housed in rented offices in downtown Bastrop on Water Street. A rough estimate of cost for the new building is $3 million if it goes on county land on Jackson Street, said Moore.

The capital improvement plan also calls for borrowing roughly $5 million for road and bridge upgrades over the coming five years.

And near the end of the planning period, the county may want to consider building additional office space for the tax collector, courts and law enforcement administration on a 5.5-acre tract the county owns on Jackson immediately east of the present county jail, said Moore and Smith. By 2014-15 the jail itself may need some expansion, the planning documents suggest.

Smith, the auditor, urged commissioners to formally adopt a capital improvement plan before the county needs to return to bond markets for new borrowing, even if the plan needs revision year by year. Moore asked commissioners to begin the process of retaining design and construction professionals to begin planning new office space on Jackson Street.

Pct. 2 Commissioner Clara Beckett said the county should also consider buying the development services building and an associated parking lot in the 800 block of Water Street, immediately west of the Courthouse. The building and parking lot are presently being leased for county use.

Ex-Elgin cop gets 3 years, fines for child porn possession

Friday, November 13th, 2009

Bastrop, Tx–After more than four hours of deliberation today, a jury in 335th District Court called for a three-year prison term and fines of up to $15,000 for a former Elgin police patrolman who pleaded guilty Tuesday to three counts of possessing child pornography.

Orville Roger Miller Jr., 48, should also serve 10 years on probation on two of the three counts of the indictment in connection with a case which arose in 2007, the jury indicated. State District Judge Reva Towslee Corbett said she will formally sentence Miller at a hearing on Nov. 18 in Bastrop.

Because Miller pleaded guilty after a jury of eight women and four men was seated Monday, the jury’s only job was to assess punishment. Prosecutors asked for the maximum of 10 years in prison for each of the three counts of the indictment. Assistant state Attorney General Lisa Hoing also asked the judge to order any prison terms assessed to be served consecutively, in effect seeking a prison term of up to 30 years.

The defense said probation with community supervision was the appropriate sentence. Miller had no prior felony convictions and had been a Texas peace officer for more than 20 years. He was fired from the Elgin police force in May 2007 after he was linked to a portable digital “thumb drive” data storage device found in the police squad room. The device included images depicting children involved in explicit or simulated sexual activity, according to evidence introduced at Miller’s trial.

After the jury verdict was returned about 4 p.m. Friday, Defense attorney Tull Farley immediately announced his intention to appeal the verdict and asked for Miller to be released on bail pending the appeal outcome. The judge ordered Miller to be held in jail at least until formal sentencing next week.

Before being led away by a deputy of the Bastrop County Sheriff’s Department after the verdict, Miller hugged his mother in the courtroom, saying,” I’m so sorry, Mama. I gotta go.”

A former wife, his current fiancee and his mother all testified at the trial, asking the jury to assess probation. “He can still be a contributor to society,” Farley told the jury. “He’s remorseful and wants to atone” for admitted crimes.

Miller also testified in hiw own defense.

Bastrop council seeks new downtown traffic, parking analysis

Thursday, November 12th, 2009

Bastrop, Tx–City council members were first perplexed Nov. 10, then dissatisfied at a report they heard from a traffic engineer engaged to study traffic and parking issues in Bastrop’s historic commercial district between the Colorado River and Pecan Street and between Farm and Walnut Street.

The traffic consultant, Scott Feldman of Austin-based Alliance Transportation Group, said there is plenty of downtown parking in the study area and good traffic flow at the busiest downtown intersections during normal operating times. His analysis did not cover peak traffic periods, however.

Pressed by council members who said the report did not address complaints voiced by city residents who actually drive through the downtown area as well as business owners and shoppers, Fledman said some improvements could be achieved by making arrangements for the public to use some existing parking areas near Main Street during some business hours and by building new sidewalks to link downtown parking lots to Main Street shops.

Mayor Terry Orr and Council Member Ken Kesselus suggested that elimination of parking on Chestnut Street between Main and Alley A to the west could alleviate congestion in traffic flow through downtown at the busiest times.

City Manager Mike Talbot said he will order additional analysis of traffic flow figures downtown, especially focused on the intersection of Chestnut Street and Alley A, a North-South link West of the 1000 block of Main Street between Chestnut and Spring Street. Many drivers headed east on Chestnut use the alley to avoid the traffic signal and Main and Chestnut, especially during busy traffic times.

City bid dates pushed back in Bastrop

Thursday, November 12th, 2009

Bastrop, Tx–City officials won’t open bids for construction of a new city hall and convention center on Chestnut St. until Dec. 17, City Manager Michael Talbot told the city council Nov. 10. That will delay approval of a builder until mid January 2010, he added.

Talbot argued it is better to adjust some final details of construction plans now than to issue change orders for the project after work has begun next year.

Some council members were displeased to hear the announcement. “I don’t see how this (bidding process) could slip by two weeks in the past two weeks,” said Council Member Joe Beal. “I am compelled to say I do not want to see another delay. Stick to this (schedule).”