Archive for the ‘Environmental Movements’ Category

Council takes long view, maybe missing trees, ETJ

Monday, February 15th, 2010

Bastrop, Tx–This year the city council has launched a laudable long range planning exercise aimed at envisioning what Bastrop can and should be like in the next few decades while imagining some strategies which can help the city get from now to then. They’ve even engaged some (free) consulting services from the Lower Colorado River Authority focusing on community development issues and choices.

The undertaking is especially important at this juncture, perhaps, because our most senior council members have not yet been in office two years, the others less than a year. So, yes, they might profitably spend some time together thinking through what they most need to focus on and why.

Yet keeping the council’s collective eye on a unifying and distant dream of the future is proving problematic, for two reasons at least. One is temperament. Council members Ken Kesselus and Kay McAnally seem most comfortable with forming overarching visions to help shape near-term goals, activities and plans. Perhaps the sharpest contrast is with Mayor Terry Orr and Council member Joe Beal, both engineers by training. Just looking around town, they see lots of issues which need addressing sooner rather than later. Council member Julie Hart seems temperamentally more aligned with Orr and Beal.

Sharpening this divide, perhaps, is that Orr, Beal and Hart are all facing re-election in less than three months, and at least in some cases they’ve clearly been hearing from likely voters who have causes to plead. The last day to file for a place on the May city ballot to challenge any one of them is March 8.

And to be fair, every Bastrop council since at least 1985 has been pushed and pulled by the competing demands of thinking and planning for the long term vitality of the community versus handling the press of more mundane tasks like fixing the potholes, draining the swamp, cleaning up the trash, deciding on construction plans and permits, etc., etc. For proof, just look at any regular council business meeting agenda.

The city manager and all his department directors face the same problem because each day has only 24 hours and all of them must stop to eat and sleep at least occasionally. So it’s small wonder that a few vital planning and visioning issues so far seem to have slipped under the council’s long range radar horizon.

I’ll touch on only two such topics briefly here with a promise to return to both later. A controversial tree protection law for the city and its extra-territorial jurisdiction was recently scuttled by the council without so much as a public hearing. As the council in recent weeks has discussed planning issues of import, I think I have yet to hear the phrase “tree protection.” This from a city which proclaims itself “Heart of the Lost Pines” and whose character, appearance and attractiveness are significantly defined by the natural landscape? Hello! Anybody home?

And I can’t see how to divorce the tree issue from the broader topic of how the city needs to manage its giant and crucial ETJ for future generations. Now that Bastrop has been named a destination of distinction by the National Truse for Historic Preservation, can any council reasonably ignore the opportunity afforded by its (limited) control over areas between the city and Austin to enhance Bastrop’s allure?

Anyone not concerned about future unpleasant possibilities should take a fresh look at the four corners of the Texas 95 intersection with Texas 71 in Bastrop. How many more acres of trees should the city allow to be cleared away to be decorated by additional billboards and flashing advertising signs along Texas 71 between Bastrop and Garfield? That landscape and prime development corridor is already heavily degraded, in case anyone didn’t notice.

How the city handles such issues will help define Bastrop for decades. Hello! Anyone home?

Early Bastrop County environmental activist dead 26 years, murder still remains unsolved

Wednesday, February 3rd, 2010

Bastrop, Tx–This week marks the 26th anniversary of the unsolved murder of Bastrop County environmental activist Vicky Wharton, 31. Her body, with two dozen or so stab wounds, was found beside a rural road off FM 1704 south of Elgin on Feb. 6, 1984. Investigators at the time believed she died sometime the previous night.

Despite a flurry of publicity and investigation over the following weeks, no one has ever been charged, arrested or tried for the crime. Wharton was a leading organizer in efforts to stymie lignite strip mining plans first at Camp Swift, in Fayette County and later at the Steiner Ranch north of Bastrop. She was a founding member of the Central Texas Lignite Watch, the mother or grandmother of subsequent environmental organizations in Bastrop and neighboring counties. She was also a founding member of the Sayersville Historical Association focused on the rural community where she lived between Bastrop and Elgin on the banks of Big Sandy Creek.

The initial investigation into the murder was hampered by inter-agency rivalries during the 1984 primary election race for Bastrop County sheriff. In the late 1980s former sheriff Con Kiersey occasionally talked about reviving the investigation, but nothing occurred as a result. Still later Chief Deputy Sheriff Ronnie Duncan did reopen the case, but the only result was to clear a few possible suspects who had been the subject of early interest.

When Chief Deputy Charlie Littleton replaced Duncan in the sheriff’s department last year, he promised to look into the Wharton murder again. Littleton said recently that the only ongoing effort to solve the case is a regular check of DNA evidence preserved at the time against a growing data base of similar evidence gathered by law enforcement agencies in the years since. A Texas Ranger remains assigned to follow any new information, said Littleton.

Critics torch Bastrop tree law draft

Wednesday, January 13th, 2010

Bastrop, Tx–With an emotional group of critics of a proposed city tree preservation law watching, Bastrop City Manager Mike Talbot recommended at a meeting Tuesday–and the city council approved–withdrawing the proposed rules indefinitely because the issue had become disruptive to other endeavors.

After the draft regulations were recommended for council approval last month by the Planning and Zoning Commission, City Hall was flooded with phone calls and emails denouncing the measure, and council members began voicing reservations.

One of the critics who addressed the council, Georgia Parmalee, said the rules as proposed were excessive. “We can take care of our own trees with a little (city) guidance,” she said.

New tree preservation rules were proposed after a public outcry last year when commercial lots at three corners of the Texas 71 intersection with Texas 95 in Bastrop were largely stripped of trees and the formerly rolling terrain was leveled.

Council Members Julie Hart and Kay Garcia McAnally praised critics of the proposal for their civic engagement.

Mayor Terry Orr said he supports “some form of tree ordinance” but argued that the time is not right to pursue the issue, especially with the city planning director’s position vacant. Former planning director Stacy Snell resigned last month to accept a position in New Braunfels.

Trees were also the topic of two other items on Tuesday’s city council agenda. In one case the council approved a proposal by the Riverside Grove Homeowners Association to pay for and plant 72 shade trees in public rights of way in the subdivision over the next three years.

On a separate issue the council endorsed Talbot’s suggestion to ask a tree expert to investigate and make recommendations about a concern by downtown building owner Kay Wesson that a tree in the sidewalk near the intersection of Main and Pine Street is damaging her building at 901 Main St. The arborist is already giving advice about tree preservation measures during a landscaping and utility relocation project now underway on
Chestnut Street east of Water Street, said Talbot.

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.

Teen to stand trial for murder of girlfriend’s mother

Wednesday, October 21st, 2009

Bastrop, Tx–On Oct. 20 a state grand jury in Bastrop ordered an 18-year-old Smithville area resident to stand trial for murder in the August death of his 14-year-old girlfrend’s mother in McDade. In a separate action the Bastrop County District Attorney’s Office is seeking to have the juvenile’s case, also on a murder charge, transferred into the adult criminal justice system.

Those younger than 17 are generally considered children under Texas law and their cases handled under a separate set of criminal and family laws. In exceptional cases, however, juveniles may be transferred for adjudication under adult criminal rules.

Tuesday’s murder indictment names Joseph Douglas as responsible for the shooting death of Tracy Bellard, 42, “on or about Aug. 17″ this year. The grand jury action puts the defendant on formal notice of the charge he will face in court.
Douglas is being held in the Bastrop County Jail, apparently unable to post bail, pending trial. The victim’s daughter, identified in court records as Haley Bellard, is being held in a juvenile detention facility in Seguin.

Tracy Bellard was reported missing Aug. 14 after she failed to appear for work at her family’s restaurant, Mimi G’s, on FM 1441 that day. Douglas and the daughter were questioned Aug. 17 after Tracy Bellard’s auto was spotted at the residence where Douglas lived near Smithville.

Subsequently both the juvenile and another witness told investigators from the Bastrop County Sheriff’s Department that they had seen Douglas gun down Tracy Bellard at her McDade home with a 22-calibre rifle, according to court records.

Bastrop County outdoor burn ban extended

Monday, July 27th, 2009

Bastrop, Tx–At a meeting July 27 Bastroop County commissioners extended a ban on outdoor burning for 90 days because of continuing hot, dry weather and tinder-dry natural fuels available to feed accidental wildfires.

In recent months commissioners have approved burn ban extensions for 45 days at a time in hopes weather conditions, chiefly rainfall, might improve. On Monday Bastrop County Emergency Management Coordinator Mike Fisher recommended a 90-day extension, the longest provided under state law.

Last week children playing with matches were blamed for sparking a 40-acre wildfire near Bastrop which threatened rural homes, out buildings and farm equipment. A 10-year-old was charged with arson and released to the custody of his parents.

At the end of February a wildfire touched off by a dead tree falling across an electric transmission line burned some 1.200 acres, mostly in the Alum Creek watershed between Bastrop and Smithville, destroying homes, businesses, out buildings and vehicles in its path. The Wilderness Ridge Fire of 2009 was the worst wildfire disaster in two decades in Bastrop County.

Bastrop County Animal Shelter operations draw criticism

Monday, April 27th, 2009

Bastrop, Tx–Comments from a group of citizens about Bastrop County Animal Control operations sparked a lively debate when Bastrop County commissioners met today.

Because the topic was not on the official meeting agenda commissioners did not join the discussion or take any action as a result. But they listened attentively, to all appearances.

Laura Jackson, an organizer of the local animal welfare group PACE, called for “improvements at the (county animal) shelter” including clear policies on spaying and neutering animals adopted out of the facility, a computerized record-keeping system to help prevent errors and a policy to bar sending dogs from the shelter to be used in training animal control students how to kill animals humanely.

Others called for replacing the county shelter leadership and devoting more money to the operation. Some charged that the shelter makes too little use of organized and established animal rescue organizations, saying some dogs do not receive adequate care to prevent the spread of disease or prevent suffering.

But animal control director Betty Wade had her defenders as well. One suggested that Wade “is overwhelmed” by the flood of animals put into her department’s care. “Give her (better) resources,” said the speaker.

Wade spoke up too, saying her organization is not perfect and has made mistakes, but she praised county officials for undertaking more humane animal control programs than state law requires. “You only need (to provide) rabies control,” she told commissioners. “You built (and staff) an animal shelter.”

Wade did not dispute a claim that 50 to 70 percent of animals brought to the shelter each month are euthanized, and she defended sending some of them to a Giddings animal control training school “so my staff can get a break and are not always killing (animals). It is difficult.”

Animal shelter adoption coordinator Rosie Yong said she routinely works with outside rescue groups. “We don’t like putting (animals) down,” she said.

Others charged that some private donations for the care of individual animals or animal families may not always be expended for the intended purpose. Wade did not address that allegation.

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.