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Hays Free Press
Kyle, Texas
May 23, 2013     Hays Free Press
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May 23, 2013

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Hays Free Press May 22, 2013 N~S Page 3A + 1 re run BYANDY SEVILLA (11.90 percent), Sinor was knocked out of .the running, clearing the way for a head- to-head tie-breaker battle be- With early voting underway, tween Chad Benninghoff and Bill Sinor, whom Kyle voters Joe Bacon for the District 3 seat rejected earlier this month in on June 1. a bid for the District 3 council Benninghoff led the can- seat, has endorsed himself in didates with 324 votes (45.89 the runoff election in which he percent), while Bacon received failed to secure a spot. 298 votes (42.21). "I endorse myself," Sinor "Of course I was surprised said in an email response af- (of the election result)," Sinor ter the May 11 election. "Can said. "You always know there people still do a write in? Alittle is a possibility of not coming humor can go a long way!" out on top, but you never really Receiving only 84 votes thinkyouwillcomeouttheun- derdog." "Hon- estly, I am a little dis- appointed in the vot- ers,"he said. "For a city our size, you would ex- pect a bet- ter turnout, $1NOR especially with a big issue like the road bond having been on the bal-" lot." A $36 million road bond set went wrong. The dismal standing in the to reconstruct Bunton Creek, "You know, I have been three-way race has not dis- Bufleson, Goforth and Lehman thinking this over in my head, couraged Sinor's fire to serve Roads, as well as extend Mar- talking with friends and I feel the city. ketplace Avenue, received 560 I came up with some good an- "I hope I can be appointed favorable votes (69.74 percent) swers(onwhatcouldhavebeen to a committee and at least and 243 votes (30.26) in opposi- done better)," Sinor said. "But I pass some of what I learned on fion, surpassing the votes cast in am not going to disclose those to council," he said. "You know, the council race by almost 100 now, may need some of them there are many ways to serve, ballots. The three candidates in my arsenal if I run again." and at this point I would love vying for a seat on the council For now, Sinor said he wishes to serve Kyle on economic de- received 706 votes collectively, "good luck to both" Benning- velopment." compared to 803 voters cast in hoff and Bacon, and is glad "Thanks to all the people the road bond decision, everyone ran a "clean race and that came out and voted, if you Sinor said he has mulled I appreciate that none of our voted for me or not, you did his poor showing in the coun- children had to read lies about your duty to our city," Sinor cil race and understands what their fathers." said. BY KIM I'IILSENBECKbell about the legislation, managed responsibly. The cre- Theresultwasanamendmentation of this district requires the to Isaac's bill that he presented owner to meet strict standards on the House floor last week. In and offers local residents peace Despite strong opposition a statement, Isaac said the new of mind that the land will he from the citizens and elected groundwater protections pro- preserved," according to Isaac's officials of Wimbefley and Hays hibit eminent domain authority, statement. County, the Texas House and unless it is used for the sole pur- "Without this MUD, the land- Senate approved the Needmore pose of importing surface water owner could have subdivided Ranch Municipal Utility District or non-local groundwater into his property Into over 1,700 lots, (MUD) #1 for approximately the district, each with their own well and 4,020 acres of the 5,000-acre Isaac's amendment also re- their own septic system. The ranch just east of Wimberley. quires any developer to import new protections that were add- The legislation for that MUD, water from outside the district ed eliminate the possibility of SB 1868 authored by Sen. Donna to provide for the needs of any tapping or contaminatingW'wn- Campbell, District 25, and HB future residents, befley valley's scarce supply of 3918, authored by Rep. Jason "This water must come from groundwater," he wrote. Isaac, District 45, is on its way to a source outside the Edwards or He added, "The primary Gov. Perry's desk, withwhatsome TrinityAqulfers," Isaac said. concern about the proposed local opponents say are "positive Additionally, if the land is ever legislation centered around the looking last minute changes." developed, the district must availability of water in the Wim- According to Citizens Aili- build a wastewater treatment berleyvalley. The amendment I ance for Responsible Devel- facility in coordination with the filedtodaythoroughlyaddresses opment (CARD), hundreds of Texas Commission on Environ- these concerns and ensures the Hays County citizens, including mental Quali~, Hays County continued protection of our ar- several local politicians, worked and the City of Wimberley. ea's natural resources. I appreci- for weeks to express their oppo- The final condition is the land ate the constructive suggestions sition to the MUD. An April 25 maynotbeannexedunlesspeti- I received ffom constituents and Wunberleytownhall-stylemeet- tioned by over two-thirds of the believe that the final language ing offered a forum for County landowners within the area to be of this bill will provide a respon- Commissioner Will Conley, annexed, sible framework for the future County ludge Bert Cobb, Wlm- "This language offers un- management ofthisproperty." berley Mayor Bob Flocke and precedented protection of our In response to the passing of others to talk directly with Isaac natural resources and provides the bills, CARD's founder Jim and a representative of Camp- assurances that the land will be McMeans said, "While we hope Voter Turnout: Buda approves ESD 8 Proposition I Continued from pg. 1A elections, including city of Buda Council, state and federal pri- maries, etc. This May, the only thing on the ballot were ESD Propositions and school board elections, overall voter turnout was really low." Despite disappointing turn- out results, Buda voters ap- proved all three propositions on the ballot. ESD 8, Proposition 1 passed by a 78-33 vote. ESD 2, Proposition 1 and 2, which were combined as one vote, were af- firmed 143-29. The most contentious mea- sure was ESD 8's Proposition 1, where sales taxes will be raised by one percent outside of the city limits, going from 7.25 to 8.25 percent. The city and ESD 8 were locked in a fight for more than a year over potential rev- enue from those areas. After a bitter dispute, both sides came to an inter-local agreement, where ESD 8 will re- ceive 1.5 of the 8.25 percent sales tax revenue in unincorporated areas. Once Buda annexes those areas into the city limits, ESD 8, the city and the Economic De- velopment Corporation (EDC) will share .5 percent each of the revenue. "I'm not surprised that the measure passed. (ESD 8) had a strong, organized campaign," said Ruge. "(Proposition 1) is a win-win opportunity all the way around. This will be good for the community." Some Buda voters believe Proposition 1 is a boon for Buda. "With the growth we have, I believe in what (Buda Fire De- pa~nent Chief) Clay Huckaby is asking for," said Buda resident Mike Cato. "It seems like a logi- cal thing." Also ~.~eat,wasMelis- sa Endicott, whose husband is a Buda firefighten She stood out- side city hall with a sign indicat- ing her support of the measure. "We are a growing district and we are trying to be proactive in meeting the demands of the commtmi~," Endicott said. "in the future, we are going to need more staff. We may also need to build another station. We just want to be proactive about it alL" Huckaby said he was pleased the measure passed. "The Buda Fire Department is Pthleased that the voters approved e Sales & Use Tax Proposition and that the voters have confi- dence in the Buda Fire Depart- ment / Hays County ESD#8 to support the demands and needs PHOTO BY MOSES LEOS III Despite rallying support for voter turnout outside of Buda City Hall for ESD 8 Proposition 1, Melissa Endicott was one of the few who took part in the May 11 general elections. Approximately one percent of Buda vot- ers took to the polls to decide on three ESD propositions. of the community for emergen- ESD 2, Propositions 1 and 2 cy services," Huckaby said. asked voters to decide onwheth- ESD 8 is now focused on us- er the Service District should ing the new funds to support the annex the Ruby Ranch Subdivi- Buda Fire Department. sion. Voters passed the measure %s additional revenue begins by a ll4-vote margin. to come in from the Sales and "They are receiving services Use Tax Increase, Buda Fire / from (ESD 2), and they want to Hays County ESD #8 will begin continue that," said Mountain to pay down capital improve- City resident Phil Wilbur. "I vot- ment debt which will allow ed affrmafive for (Propositions for additional manpower and 1 and 2), so they can join us in equipment to be brought on in paying for it. I want to support the future," Huckaby said. (ESD 2) as they expand." PUBLIC NOTICE OF TEST OF AUTOMATIC TABULATING EQUIPMENT (Aviso Pdblico de probar el equipo para Tabular automfiticamente) Notice is hereby given that the automatic tabulating equipment that will be used in the Election held on June 1,2013 will be tested on May28, 2013 at 2:00 p.m. at 712 S Stagecoach Trail, San Marcos, Texas to ascertain that it will accurately count the vote's cast for all offices and on all measures. (Por lo presente se da aviso que el equipo para tabular autom~iticamente que se usar~i en las Elecciones que se llevar~i a cabo el 1 de Junio de 2013 se probara el 28 de Mayo 2013 a las 2:00 p.m. en 712 S Stagecoach Trail, San Marcos, Texas para determinar si el equipo contara con exac- titud los votos para todos los puesto oficiales y sobre todos los proyectos de ley.) Joyce A. Cowan Elections Administrador (Administrador Elecci6n) last minute changes put into the legislation can help prevent some of the potential damage to Wimbefley, San Marcos and cen- tral Hays County, we also recog- nize and caution that there are ways around the specific word- ing in the changes. We hope that all parties are sincere in their at- tempts to help protect the area, and the rights of the many other local property owners." i iii i First Time Buyers Why rent when you can ownT Free list with pictures of homes available under $1300/month. or free recorded message 1-866-232-9929, ID #2051 h'RA Bettinger Realtors, lnc, NOTICE OF RECEIPT OF APPLICATION AND INTENT TO OBTAIN AIR QUALITY STANDARD PERMIT REGISTRATION PROPOSED AIR QUALITY REGISTRATION NO. 110070 APPLICATION Affordable Concrete Products, Inc., has applied to the Texas Commission on EnvironmentalQuality(TCEQ) foranAirQualityStandardPermit,RegistrationNo.ll0070,whichwould authorize construction of a Concrete Batch Plant located at 454 Kelly Smith Lane, Buda, Hays County, Texas 78610. This link to an electronic map of the site or facility's general location is provided as a public courtesy and not part of the application or notice. For exact location, refer to application. tceq.texas-g~v ~assets~-~ub~ic~hb6 ~ ~ind~x~htm~?~at=3~4 ~ 944&~ng=~97 ~8336 ~ ~ &z~m= ~3& type=r. The proposed facility will emit the following air contaminants: particulate matterincluding (but notlimited to) aggregate, cement, road dust, and particulate matter with diameters of 10 microns or less and 2 .5 microns of less. This application was submitted to the TCEQ on May 9, 2013. The application will be available for viewing and copying at the TCEQ central office, the TCEQ Austin regional office, and the Buda Public Library, 300 Main Street, Buda, Hays County, Texas, beginning the first day of publication of this notice. The facility's compliance file, if any exists, is available for public review in the Austin regional office of the TCEQ. The executive director has determined the application is administratively complete and will conduct a technical review of the application. , PUBLIC COMMENT/PUBLIC MEETING You may submit public comments, a request for a public meeting, or request a contested case hearing to the Office of the Chief Clerk at the address below. The TCEQ will consider all public comments in developing a final decision on the application. The deadline to submit public comments is 15 days after newspaper notice is published. After the deadline forpublic comments,theexecutive director will prepare aresponsetoall relevantand material,or significant public comments. Issues such as property values,noise, traffic safety, and zoning are outside of the TCEQ's jurisdiction to consider in the permit process. The purpose of a public meeting is to provide the opportunity to submit comments or ask questions about the application. A public meeting about the application will be held if the executive director determines that there is a significant degree of public interest in the application or if requested by a local legislator. A public meeting is not a contested case hearing. If only comments are received on the application, the response to comments, along with notice of the executive director's action on the application,will be mailed to everyone wbo submitted comments oris on the mailing list for this application. The executive director will complete the technical review, issue a preliminary decision on the application, and a Notice of the Application and Preliminary Decision will be published and mailed to those who are on the mailing list for this application. That notice will contain the final deadline for submitting public comments. Ifa hearing request is timely filed in Response to th~ Notice of Receipt of Application and Intent to Obtain Air Permit, the time period for requesting a contested case hearing will be extended to thirty days after the mailing of the executive director's response to comments. After the final deadline for public comments following the Notice of Application and Preliminary Decision, the executive director will consider the comments and prepare a response to all relevant and material, or significant public comments. If any comments are received, the response to comments, along with the executive director's decision on the application, will then be mailed to everyone who submitted public comments or who is on a mailing list for this application, unless the application is directly referred to a contested case hearing. OPPORTUNITY FOR A CONTESTED CASE HEARING You may request a contested case hearing. The applicant or the executive director may also request that the application be directly referred to a contested case hearing after technical review of the application. A contested case hearing is a legal proceeding similar to a civil trial in state district court. Unless a written request for a contested case hearing is filed within 15 days from this notice, the executive director may approve the application. If no hearing request is received within this 15 day period, no further opportunity for hearing will be provided. A contested case hearing will only be granted based on disputed issues of fact that are relevant and material to the Commission's decision on the application. Further, the Commission will only grant a hearing on those issues raised during the public comment period and not withdrawn. A person who may be affected by emissions of air contaminants from the facility is entitled to request a hearing. To request a hearing, a person must actually reside in a permanent residence within 440 yards of the proposed plant. If requesting a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) applicant's name and Registration Number; (3) the statement "[I/we] request a contested case hearing;" (4) a specific description of how you would be adversely affected by the application and ale emissions from the facility in a way not common to the general public; (5) the location and distance of your property relative to the facility; and (6) a description of how yon use the property which may be impacted by the facility. If the request is made by a group or association, the one or more members who have standing to request a hearing, and the interests which the group or association seek to protect, must also be identified. Requests for a contested case hearing must be submitted in writing within 15 days following this notice to the Office of the Chief Clerk, at the address below. Following the close of aH applicable comment and request periods, the executive director will forward the application and any requests for contested case bearing to the Commissioners for their consideration at a scheduled Commission meeting. If a hearing is granted, the subject of a hearing will be limited to disputed issues of fact relating to relevant and material air quality concerns raised during the comment period. Issues such as property values, noise, traffic safety, and zoning are outside of the Commission's jurisdiction to address in this proceeding. MAILING LIST In addition to submitting public comments, you may ask to be placed on a mailing list to receive future public notices for this specific application mailed by the Office of the Chief Clerk by sending a written request to the Office of the Chief Clerk at the address below. AGENCY CONTACTS AND INFORMATION Public comments and requests must be submitted either electronically at, or in writing to the Texas Commission on Environmental Quality, Office of the Chief Clerk, MC-105, P.O. Box 13087, Austin, Texas 78711-3087. If yon commnnicate with the TCEQ electronically, please be aware that your email address, like your p hysical mailing address, will become part of the agency's public record. For more information about this permit application or the permitting process, please call the Public Education Program toll free at 1 800 687-4040. Si desea informaci6n en Espafiol, puede ilamar al 1-800-687-4040. Further information may also be obtained from Affordable Concrete Products, Inc., P.O. Box 1377,Buda, Texas 78610-1377 or by calling Mr. Kevin Ellis, Zephyr Environmental Corporation at (512) 879-6647. I I i[ I i I i