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Hays Free Press
Kyle, Texas
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March 20, 2013     Hays Free Press
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+ MOVlN' UP Lobos look to playoffs after win over Akins. - Page 1B GLYNDA'S HOPE Cancer not any easier second time around. - Page 1C @Barton Publications, Inc. ! Vol. 110 No. 51 .... Serving Buda, Kyle and Northeast Hays County 75 Kyle firefighter on two committees BY ANDY SEViLLA andy@haysfreepress.com The ever-abundant shades of gray in state law have bred a poten- tial conflict of interest or conflicting loyalties within the City of Kyle and Hays County's Emergency Service District Number 5 (ESD5). Mike Fulton, who serves on Kyte's Planning and Zoning Commission (P&Z), also serves as an ESD5 com- missioner. Both groups are seeking to expand their tax collections over the same land. In determining whether hold- ing two offices is incompatible, the state maintains that "common-law incompatibility refers to the prohi- bition against a person holding cer- tain public offices at the same time because of the practical conflicts of interest that might arise," according to the 2012 Texas Dual Office Hold- ing Laws Made Easy pamphlet. "For example, the doctrine of incompatibility prevents a per~n from holding two public offices~ a person could use the power in 6ne offce to impose policies that im- pact the other office," the pamphlet Says. At a joint Oct. 12 meeting be- tween the Kyle City Council and the city's P&Z, where 2013 plan- ning priorities were discussed, an- nexation was atop the list. P&Z will help council members decide what properties to annex in Kyle's Extra- Territorial Jurisdiction (ETJ). Finding themselves in a budget crisis, ESD5 commissioners were slated to call for a Use and Sales Tax election this May that would have collected a $0.015 tax over their ser- vice area, a huge portion of which is in Kyle's ETJ, the same land the city has the option of annexing. But, Mike Fulton who could help council members decide what property in Kyle's ETJ to annex, while at the same time serving as a commissioner for ESD5, a group which is pursuing plans to collect sales taxes over Kyle's ETJ, says that both entities can bridge a compro- mise. '~s a resident and as a P&Z mem- ber I am excited at the idea of the city expanding to further help de- velop the surrounding ETJ areas," Fulton said. "... As an ESD member I am always happy to see increased tax base through further develop- ment, what's good for the city is good for the ESD too." See CONFLICT OF INTEREST, pg. 2A \ PHOTOS BY KIM HILSENBECK Local law enforcement officers spent part of their spring break in force on force scenario training at Tom Green Elementary in Buda. BY KIM HILSENBECK kim@haysfreepress.com The sounds of gunshots echoed at Tom Green Elementary School last week while the parking lot was filled with vehicles from just about every local law enforcement agency. Inside, armed officers combed the building looking for bad guys. Gunfire ensued; men went down. Luckily, this was just a practice ses- sion for officers involved in scenario training. While many area residents spent spring break relaxing at the beach, or skiing in the mountains, area law enforcement agencies were conduct- ing scenario training at Tom Green Elementary in Buda. Buda Police Chief Bo Kidd said the goal was to invite local agencies to take part since, in all likelih6od, many of those same agencies would be on scene in the event of an active shooter or other situation at a public location. Patrol officers from Buda Police Department, the Texas Department of Public Safety Highway Patrol, Hays County Sheriff's Office, Kyle Police Department, San Marcos Police Department, constables from several precincts and Texas Parks &Wildlife Game Wardens participated in a two- day force on force training session. Kidd said most all police train- ing these days is scenario based, as opposed to going to a shooting range and hitting a paper target. The training at Tom Green, while scripted, had specific learning objec- tives. In this scenario, the "bad" guys, including Sgt. Sam Stock with the Hays County Sheriff's Office, knew what was supposed to happen. But the "good" guys playing the role of first responders didn't know exactly what to expect. For some, their stress level was elevated. During the exercise, Lt. Joe Faulkner of the Hays County Sheriff's Office videotaped the incident. That video was then used as part of the training. Kidd, who is an adjunct instructor at the Advanced Law Enforcement Rapid Response Training (ALERRT) Center in San Marcos, and who spent a decade on the SWAT team, said ~niany officers get tunnel vision during gh stress shooting incidents. "Some guys will say they shot twice, but a video may show four or five rounds were expended," Kidd said. The video helps demonstrate to of- ricers how the mind responds to high stress. During the first exercise at Tom Green, Stock, playing the role of an employee who was fired, confronted two men in one of the hallways; they were also roleplaying as employees. Stock was shouting and acting agi- tated. Suddenly, gunfire erupted in the hall - barn, bam. Two shots and one See SPRING TRAINING, pg. 4A Festival in A blend of arts ; gardeners and shopping experiences who are looking for little different. This year antiques and collectibles in along with Bring your lawn chairs and i seating. and 10-4 on Sunday, for adults. Get $1.00 perishable for the and under are free. Free Bass fi,, tournament at Lake Kyle Lake Kyle has a healthy population of large mouth bass and Saturda, be a fishing tournament c to adults 18 and older with license. Proceeds will i the Hooked on Fishinc Clinic & Derby Saturday information at the ( Community Kite Day in Kyle Come hang out at the Kyle Flea Market for the 2nd annual Kite Flying Day, Sunday. Get there early and enjoy a free hot dog & soda (1 per person, first 300 are free). Event starts at 11 a.m. Critical drought stage declared BY ANDY SEVILLA andy@haysfreepress.com Buda's main water source and a major contributor to Kyle's public works, the Barton Springs segment of the Edwards Aquifer, could soon enter into Stage III Critical Drought status. "The current water level in the (Lovelady monitor) well is just over a foot above the eleva- tion mark- ing the onset of a Stage Ill Critical Drought," said a March 8 Barton Springs Ed- wards Aqul- ferConserva- tion District (BSEACD)~ online blog post. "Water level in the well is steadi- ly dropping and will likely cross into Stage III drought be- fore the end of{March)." BSEACD drought thresholds The critical drought classification could prove to be particularly difficult for BSEACD users as it would come shortly before the high water use period - May through September. are measured through flow at Barton Springs and through water levels at the Lovelady monitor well, though only one drought trigger below its threshold is required to enter into the corresponding drought stage. BSEACD board directors are scheduled to meet March 21, where they will deliberate declaring the district under Stage III Critical Drought. At critical drought, a 30 per- cent reduction in historical permit pumping is called for. Buda's his- torical permit is 275 million gallons, while Kyle gets 165 million. Kyle also has a Class B Conditional Permit from the water district, which allows the city to pump an added 185 mil- lion gallons, although during critical drought stage that amount is cur- tailed by 75 percent. The critical drought classification could prove to be particularly dif- ficult for BSEACD users as it would come shortly before the high water use period - May through Septem- ber. At BSEACD's Nov. 15 board meet- ing, the directors declared the dis- trict at Stage II Alarm Drought, set- ting off 20 percent reductions in monthly historical permit pumping for the 60,000 groundwater users in northern Hays, southern Tmvis and western Caldwell counties. Buda declared Stage I drought restrictions on Nov. 27, which called for water conservation measures to be enacted. Buda water customers' irrigation has been restricted to the hours between midnight and 10 a.m., and 7 p.m. to midnight on the customer's designated watering day. The washing of impervious surfac- es, like driveways and parking lots, is prohibited unless it poses health and safety issues. Kyle, too, has been under Stage 1 drought restrictions. Kyle's water conservation period began May 1 and the city's water customers have been under a voluntary twice per week watering schedule. Outdoor irrigation in Kyle is allowed except in between the hours of 10 a.m. and 8 p.m. Kyle water users are also pro- See DROUGHT WARNING, pg. 4A I op,n,ons ......................... 3ABes, Bet. .................. 3cllll!!!ll!!l!!!llli Local doctor behnd new Sports ........................ 1-2B Easter Services ............ 4C thyroid testing, eliminating Education ..................... 3-4B Service Directory ........... 3D unnecessary surgeries. Neighbors ..................... 1-4C Classifieds .................... 2D - Page 1D Business ................... 1 & 4D Public Notices ............... 2D 7 7