To : Citizens of Wimberley Valley and Hays County
From: CARD Steering Committee
Re: Commentary on Town Hall Meeting held Thursday, 4/25/2013
at Wimberley Community Center
More than 400 concerned Hays County citizens gathered at
the Wimberley Community Center Thursday evening, April 25, to speak their mind
on legislation affecting the future of our area. Citizens Alliance for
Responsible Development (CARD) hosted the meeting about plans to turn the 5,000
acre Needmore Ranch – the former O’Quinn Ranch – into a Municipal Utility
District (MUD) adjacent to Wimberley. Attendees filled 300 chairs, fully lined
back and side walls and over-flowed into the building’s lobby. Brookshire
Brothers lot was filled; attendees parked as far away as The Leaning Pear
restaurant.
Also invited and attending were State Rep. Jason Isaac
(R-Dist. 45) and Hays County Commissioner Will Conley (R-Pct. 3), Wimberley
Mayor Bob Flocke and several members of the city council. State Senator Donna
Campbell (R-Dist. 25) was represented by her communications director John
Oliver. All attendees were welcomed to speak; more than 25 signed up to do so.
Needmore Ranch is owned by McAllen businessman Greg
LaMantia. At his request, Sen. Campbell and Rep. Isaac recently filed companion
bills, SB 1868 and HB 3918, in the State Legislature to create the Needmore
Ranch Municipal Utilities District #1, to include all of the ranch property
except the estimated 980 acres within the city of Wimberley’s planning
jurisdiction (ETJ). A MUD gives owners
rights far beyond standard property rights. Like a municipality it has power to
levy taxes, effect eminent domain, get tax exempt bond financing, and other
powers listed in the statute. The bills
are being routed through the” local and consent” state legislative process
which almost assures their passage unless challenged by another
legislator. Currently the bills are
pending near final action in the Senate and House.
Alarmed by the potential impact a 4,000+ acre MUD-empowered
development could have on our area’s limited aquifer water supply, roads,
schools, and the Blanco River, CARD called
the meeting to allow citizen input and ask the legislators to explain their
actions and seek withdrawal of the bills.
Invited to speak first, Rep. Isaac framed the MUD as a
simple property rights bill. Isaac contended that Mr. LaMantia has a private
property right to obtain government approval of a MUD, which Isaac called a
“traditional right”. Oliver, speaking for Sen. Campbell, criticized CARD for
calling the meeting. He also argued Mr.
LaMantia’s basic private property right to get the added governmental powers.
He claimed the bills were not fast-tracked, though they were filed April 3-4 without
support of local government.
The MUD bills are opposed by Hays County and by a
resolution from the city of Wimberley. Lila McCall read Com. Conley’s letter of
opposition. CARD’s moderator, Jim McMeans read the City of Wimberley’s
resolution of opposition. McMeans then began calling speakers from the audience
to the podium.
Among the first was an attorney who quietly broke down
the details of the MUD. He indicated Rep. Isaac’s representation was misleading,
and pointed out that all of the protections for other local property owners
that Isaac said were in the legislation were not actually in the bill, but were
only oral agreements not valid in court. Isaac eventually conceded this was
correct.
·
One speaker noted that Hays County regulations
allow development to a variety of residential densities within the ranch –
ranging from 1,500 lots with individual wells and septic, and up to 6,900 lots
with full piped water and sewer utilities, for a population of up to 16,000
persons. This development is possible
with or without a MUD, but a MUD would give the developer very favorable
financing for the project. Many others pointed out the tax breaks of a MUD.
·
Several challenged the premise that LaMantia has
a basic property right to a MUD created by governmental action. One explained that MUDs have been used in
Texas to stimulate development where there is a direct benefit to an area and
the area desires that development. He added, as did others, that every property
owner has a basic property right to use and develop his/her property following
established policies that are available to everyone.
·
Another speaker explained the use of MUDs within
Texas and shared some of the problems that occur with them. A speaker from a local home owners
association spoke of his concern for traffic that might exit the large
development into his subdivision and also problems he had encountered in
working with LaMantia on an emergency access easement.
·
A speaker noted the importance of the spring
flows from the Fern Bank Springs on the Blanco adjacent to the ranch and the
presence of a federally endangered species at that site. She explained that
flows along the Blanco River would be threatened by excessive Needmore pumping and
noted that Blanco River flows contribute to the flows into Barton Springs
during drought.
·
Several speakers questioned Isaac’s and Campbell’s
motivation to seek a MUD for Mr. LaMantia.
One detailed the LaMantia family’s high political campaign contributions. Other speakers expressed their concern for
the environment and for the well flows of other property owners from over
pumping of groundwater likely with the potential dense development of the ranch
property.
After questions from the audience to Conley, Isaac, and
Oliver, Rep. Isaac agreed that based on the concerns of the community, certain
changes could be made in the bill. He
said he would work with Conley the following day (Friday) to make the bill more
acceptable. Conley stated that both
bills would likely be approved by the House and Senate and the best option was
to try to revise the bills to achieve a compromise. Isaac said he will not withdraw the bills,
but will work on a compromise.
An estimated 200 people stayed until meeting end at 9:30
p.m., after which many lingered past 10 p.m. to engage in discussions with
Isaac, Conley, Oliver and CARD members.
CARD Chair Louis Parks expresses CARD’s gratitude to all
the elected officials and citizens who participated. “We are immensely proud of
our community for speaking out,” Parks says.
Respectfully, Louis Parks, CARD Chair, and Jim McMeans,
Moderator/CARD member.
