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Bandera County Courier is published weekly by Gail S. Joiner, 1210 Hackberry St., Bandera, TX 78003. Subscription price $26 per year in Bandera County, TX; $36 per year for other Texas counties; $40 per year out of Texas. POSTMASTER: send address changes to Bandera County Courier, P.O. Box 1704, Bandera, TX 78003. Periodicals Postage pending in Bandera, Texas.

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Articles in the Bandera section of the on-line Courier:

Policy change ups ante in battle of bands	Published May 1, 2008
City council silent on 11th Street sound variance	Published April 24, 2008
Horse-lovin’ chief says ‘whoa’ to rumor	Published April 17, 2008
Requests before council portend good eatin’	Published March 27, 2008
Improve the city park	Published March 13, 2008
Renewal council takes on questionnaire, litter	Published March 6, 2008
Consulting firm to start master plan rolling	Published Feb. 28, 2008
Planners hear consulting firms’ proposals	Published Feb. 14, 2008
Bombshells, AG investigation dropped on city council	Published Jan. 24, 2008
P&Z delivers ‘long awaited’ year-end report to council	Published Jan. 3, 2008
Monthly P&Z reports belie charges of ‘unproductivity’	Published Jan. 3, 2008
P&Z 2, Mayor Pro Tem 0	Published Dec. 27, 2007
Bandera's potential $5 million 'crown jewel'	Published Dec. 20, 2007
Life under the City of Bandera's Big Top	Published Dec. 13, 2007
City master plan off & running — potentially	Published Dec. 6, 2007
Jurisdictional smackdown	Published Nov. 22, 2007
Show gets on road & under Medina River	Published Nov. 15, 2007
No utility lines under Medina River yet	Published Nov. 1, 2007
Untangling municipal 'Gordian Knots'	Published Oct. 11, 2007
Another brouhaha between city council, P & Z	Published Oct. 11, 2007
City master plan on P&Z’s horizon	Published Sept. 13, 2007
City ‘horse trades’ for monitor well	Published Sept. 6, 2007
Memo to P & Z – ‘Back off!’	Published Aug. 30, 2007
Bandera City Council meets Aug. 30	Published Aug. 30, 2007
City monitoring well – round 3?	Published Aug. 23, 2007
Workshop called ‘to clear air’	Published Aug. 23, 2007
Street repairs continue	Published Aug. 9, 2007
Third time charm for utility extension	Published July 26, 2007
‘24/7’ protection not cheap, city learns	Published July 26, 2007
Water rep calls monitor well ‘critical’ for groundwater model	Published July 26, 2007
Click here to view Bandera articles from earlier in 2007.
Click here to view Bandera articles from 2006.	Click here to view Bandera articles from 2005.

City council silent on 11th Street sound variance by Judith Pannebaker BCC Editor Published April 24, 2008    The 11th Street Cowboy Bar was described in the Friday, April 18, edition of the New York Times as “the type of place where you sit outside at the picnic table … and the first time there, you aren’t a stranger.” However, its value as a revenue-producing venue within the city limits apparently cuts no ice with Bandera City Council.     On Thursday, April 17, faced with what he perceived as a collectively timorous council, Cowboy Bar owner James McGroarty withdrew his request for a variance to the city’s sound ordinance. He had applied for a waiver to the 60-day advance notice to exceed the 72-decibel level on May 24 in conjunction with Memorial Day weekend events.     McGroarty told councilmen bands playing at his entertainment venue during four weekends – Memorial Day, Labor Day, Hunter’s Weekend and Thunder in the Hills – would likely exceed the 72 Db level. “A piano without amplification is 80 decibels,” he said. “The crowd alone at the chili cook-off exceeded 72 decibels.”     However, his argument seemed like so much white noise to citizens attending the meeting, who railed against what they considered continued disproportionate din. Exchanges were contentious at times.     “What difference does Memorial Day make?” asked Barry Ehrmann. “Why can’t (McGroarty) just obey the law?”     During the city’s designated festival weekends, McGroarty hires well-known acts. For Memorial Day, he is attempting to book David Ball. In 1993, Ball recorded the now-platinum album and hit single “Thinking Problem” for Warner Bros. The album earned him a Grammy nomination for male vocalist of the year. “Nashville artists specify decibel levels in their contracts – and it’s not 72,” McGroarty explained.     His rationale failed to convince Don Clark, a resident of 13th Street, who said, “I’m here to talk about the sound ordinance. When the music shakes the house and turns the pictures on the wall sideways, it’s too high. You hear it all the time.     Taking exception to Clark’s characterization of his venue, McGroarty rejoined, “(With regard to the sound ordinance) we obey the law 98 percent of the time. When one band hit 79 (decibels) during the chili cook-off, we took them off the stage. If you hear it ‘all the time,’ you don’t hear it from 11th Street.”     Confirming McGroarty’s assertion, Police Chief Jim Eigner offered, “(The department’s) sound levels are in agreement with James’ decibel meter. We monitor the sound all the time, not just when we have complaints.”     Additionally, Mayor Denise Griffin told council she had received complaints about all music venues along Main Street – not just about the Cowboy Bar.     Another citizen described offering music 12 hours as “too long,” saying, “From noon to midnight just drags it out.”     Supporting McGroarty’s request, Robert Koimn, who lives on 1315 Cedar Street, noted, “This is an important part of the business community and we should try to accommodate him. I find loud neighbors more offensive than music from the 11th Street Bar.”     Echoing Koimn, Linda James said, “His establishment brings tourism to the city and keeps us going. If we ‘nickel and dime’ these people to death, they’ll go elsewhere and then where will we be? I give James a lot of credit for coming here. You never see anyone from the Longhorn, the Saloon or Blue Gene’s coming before city council. They just do what they want.” James advocated that everyone work together “to keep this town going.”     Joan Walters said she enjoyed listening to country music while having a glass of wine on her porch. She lives on Cherry Street.     However, Nel Clark took offense to the council approving a variance. “(The residents) pay taxes all year – not just on Friday and Saturday nights. We pay a helluva lot of taxes and we deserve consideration, too.”     When tempers simmered down, Griffin called for a motion. Perhaps mindful of the looming city election and unwilling to lose votes, no city council member tendered a motion to approve or deny McGroarty a variance.     Finally, to put the community leaders out of their obvious misery, he withdrew his request, saying, “This will save you a vote you don’t want to do anyway.”     Later, during his monthly update, City Administrator Gene Foerster revealed that sales taxes regularly exceed property taxes within the city. “This is not the rule in all cities, but Bandera has a small (property) tax base,” he told the council. “Businesses are an important contributor to the city’s total revenue.” Without sales taxes to help fund city programs and services, property taxes would likely increase.     For the record, the woman who referenced the friendliness of the 11th Street Cowboy Bar in the New York Times article was described as living “not far” from the popular entertainment venue.

Horse-lovin’ chief says ‘whoa’ to rumor by David Arny BCC Staff Writer Published April 17, 2008    Horses banned from the streets of the Cowboy Capital? Aww, gee, Wilbur!     Attempting to rein in a rumor galloping around town, Bandera Police Chief James Eigner told The Bandera County Courier there’s no reason for folks to worry about the city becoming an equine-free zone.     “Word has gotten around that I want to eliminate horses from Main Street,” said Eigner. “Nothing could be farther from the truth. My concern is for the horse and its safety – as well as that of residents and visitors.”     However, the veteran San Antonio Police Sergeant, who re-initiated a mounted downtown patrol division in that city during the 1970s, expressed disappointment with horse owners who put their steeds – as well as the public – in danger by leaving their horses tied up in town for hours on end.     “Horses are grazing animals. They need food and water. They’re just not built to stand on pavement for extended periods,” said Eigner, adding that the practice could aggravate several serious equine health problems.     Eigner also has difficulty with owners who tie their horses to a hitching post in front of a saloon – especially on a busy congested street – and leave their animals unattended as they spend hours inside enjoying themselves.     “I saw it all the time in San Antonio. I don’t know why, but some people – usually somebody who’s had too much to drink – think its fun to try and spook a horse,” he explained. “I can see a horse getting loose, knocking someone down and hurting them or injuring itself. You could be looking at a major lawsuit against the city and a horse having to be euthanized just because of someone’s carelessness.”     As Eigner finished his sentence, several horseback riders from a local dude ranch passed by his office window that opens onto Main Street. Referring to the group, he reiterated, “I’m not trying to run horses out of Bandera. This is the Cowboy Capital of the World, for goodness sake.”

Requests before council portend good eatin’ by Judith Pannebaker BCC Editor Published March 27, 2008    By the requests that came before the Bandera City Council during the Thursday, March 20, meeting, Cowboy Capital residents are in for some good eatin’ and good times this spring.     James McGroarty, owner of the 11th Street Cowboy Bar, asked for permission to close off 11th Street between Cedar and Cypress from 7 am through 9 pm Saturday, April 5, for the annual Chili Cook-Off. Proceeds from the event will benefit the Silver Sage Corral Senior Activity Center.     “This is the largest fundraiser of the year,” McGroarty said. “If weather permits, we’ll probably double the participants from last year. So far this year, double the number of teams has signed up.” He also expects between 1,500 and 3,500 motorcyclists to participate in the annual event. In addition, the Knights of Columbus will hold an on-site raffle during the festivities.     McGroarty said he had informed all nearby residents and adjacent business owners about the plans, and none had raised concerns. “The teams will be ready for the cook-off by 9 am, the last of the prizes will be awarded by 5 pm and everything will be torn down by 9 pm,” he assured council members.     In a related but also completely different matter – at least for a transplant from Baltimore – Linda Stevens, owner of Bandera Real Estate, requested the same street closure from 6 pm, Friday, April 18, through Saturday, April 19.     Her real estate firm will sponsor a Cabrito Cook-Off to benefit the Bandera County Boys and Girls Club.     She also asked that a portion of the municipal parking lot at the intersection of 11th and Cedar streets be blocked off for use for possible overflow parking.     To queries from council, Stevens said all cabrito cook-off contestants would be checked in by 10 pm on Friday. At that time, she would know how much of the parking lot would be necessary to accommodate the huge cookers set up on trailers.     “These are serious cookers that require more space than the chili cook-off,” she said, adding no vehicles would be parked in the lot overnight – just the cookers.     “Since this is our first venture, we thought it would be a small undertaking, but we’ve gotten a good response,” Stevens said. “Apparently a lot of people have (memories) of cooking cabrito, so we may need more space than originally anticipated.”     Also included in the revelry will be a goatee contest, a goat dressing contest and parade and even a goat-calling contest. “Maybe in the future, we’ll do a goat roping,” Stevens said. She said cook-off winners would be announced Saturday between 4 pm and 5 pm, and the contestants should be on their way by 8 pm or 9 pm.     McGroarty revealed that the cook-off would take place during his watering hole’s annual Spring Fling, which will feature the first annual Western Swing Dance-Off. “We expect about 1,100 people that weekend,” McGroarty said. “We wanted to create another event for the city to augment ‘Celebrate Bandera!’ and others like it.”     Adding to the fun, Genie Strickland, event coordinator for RiverFest, asked council for permission to have a limited number of RVs park at City Park during the BBQ Cook-Off associated with the event, slated for Saturday, June 27.     She anticipated that only two or three cook-off participants would stay overnight at the park. Strickland said she had contacted owners of local RV parks, who expressed no problems with the arrangement. “They told me they would be booked for the event anyway,” she said.     City council approved the requests for street closures with alacrity. They also agreed to allow a maximum of five RVs to stay in City Park during RiverFest. The campers would not be supplied with electricity or water.     Let the good times – and good eatin’ – begin.

Improve the city park Published March 13, 2008    In 2002 a group of citizens completed a plan to improve Bandera's city park.  A new group met at city hall last week, made Genie Strickland spokesperson for the project and decided to revive the 2002 plans, reported Bandera Business Association president Margaret Paradee.     The plans were made available at the BBA's business meeting March 6.     “You will not be disappointed with the Park Plan..it is wonderful and will be a great addition to Bandera.  Not only will this be wonderful for visitors but  it will be available for  use by our residents,” Paradee. “We have ask the EDC to head up the project. We will work under the umbrella of the EDC as "The Friends of the City Park."

Renewal council takes on questionnaire, litter by Judith Pannebaker BCC Editor Published March 6, 2008    Taking the recent words of Fort Worth tourist guru, Douglas Harman, to heart, the Bandera Renewal Council has been formed to improve Bandera’s tourist-centric image.     Leading a Monday, Feb. 25, brainstorming session at the Silver Sage Corral Senior Activity Center, Chairman Debbie Gibson explained the council had grown out of Harman’s January presentation on ways to revitalize Bandera tourism.     To assess the level of commitment of individual business owners, Dan Wise suggested implementing a questionnaire. “Ask them what they want and where they see Bandera five, 10 and 20 years from now. In the final analysis, it’s their decision,” he advocated.     Pat Breedlove added, “We also need to go to building owners and see if they would pony up some money for improvements.”     All council members were asked to email possible questions for inclusion in the questionnaire to Gibson. The questionnaires would be distributed to all businesses along Main Street – and presumably to those in a one-block radius on either side of Main.     Meeting participants also discussed the ever-present problem of litter along Main Street, particularly cigarette butts, which, someone mentioned, “take 12 years to disintegrate.” Wise said business owners must police their own area. “But if you appeal to their pocketbooks, it should get their attention,” he added.     Breedlove came up with the idea of the “Golden Broom Brigade,” saying, “Buy a bunch of brooms, paint them gold and distribute them to business owners.” At a designated time, all owners would ritualistically “sweep” the area in front of their stores. “This could get Bandera a lot of media attention,” Breedlove predicted.     Chiming in, Gibson suggested the time could be indicated by ringing a cowbell or sounding a fire truck siren.     In other matters, she explained the function of the “Branding Gang,” a subcommittee of the renewal council. Local artists, decorators and interior designers are working on a series of color palettes that will, in Gibson’s words, “Make Main Street look even more wonderful by helping businesses look better and have more western appeal.” She also said the “Branding Gang” was researching inexpensive architectural elements to go on the front of buildings to “give the town some zip.”     Members of the “Branding Gang” include Morris Gallagher, who worked for Walt Disney and also in Dollywood; and Center Point artist, Christina Blackledge, who designed building facades for Enchanted Springs Ranch in Kendall County, as well as local business owners Art Crawford, Melissa Benge, Eva Lee and Jan Spencer, among others.     “Bandera must meet the tourists’ expectations. The Bandera City Planning and Zoning Commission is working on a master plan and hopefully they could use some of the ideas the ‘Branding Gang’ comes up with in their proposal,” Gibson said.     Being a pragmatist, however, she ceded, “Not every store will want to participate, but we want to lead by example.”     Discussion then turned to ways to help store owners financially, such as with a “Big Boots” fundraiser as suggested by Patricia Moore, executive director of the Bandera County Convention and Visitors Bureau.     Reminiscent of the painted cows once rampant throughout San Antonio, the six-foot high – or smaller – cowboy boots could be painted by local artists, placed throughout the town and eventually auctioned to help businesses raise funds to reconstruct their buildings’ facades.     Bandera City Councilman Horst Pallaske, who also serves on the city’s Economic Development Corporation, said EDC funds could not be used to reconstruct facades. “I called the Economic Development Corporation in Austin and they said, ‘No.’ Funds can only be used to expand existing businesses or to help new businesses, not to improve building exteriors.” He also said the Austin EDC had referred him to the Main Street Program through the Texas Historical Commission as an alternative funding source.     According to Breedlove, however, participation in the Main Street Program requires the city to hire a coordinator at $30,000 per year as well as being a signatory on the coordinator’s two-year contract.     Both Moore and Wise echoed the problems inherent in the Main Street Program. “We tried to do this five years ago and it was not feasible – nor was it manna from heaven,” Wise said, adding, that funds might be available through other preservation agencies, however.     “Aesthetics is what the branding game is all about,” Gibson said. “It will increase the value of real estate, bring in more tourists and bring more money to local businesses.” However, Genie Strickland cautioned, “We must be careful. We don’t want to be too hokey or turn Bandera into Disneyland.”     In the same vein, Moore offered, “People still lament the loss of the Forge. It was pure filth, but it had true character to it. Bandera still has to be real.”     Cautioning against covering everything with barnwood, Strickland asked, “How do you get the town to look like the West?”     Bob Click, owner of the Bandera General Store, noted he had faced a similar dilemma two years ago when he wanted to paint his building’s large 800 square-foot storefront. “The girls leaned toward ‘new paint,’ but I asked, ‘What do visitors want’?” Eventually, he refreshed the building to its previously faded blue hue.     “A lot of visitors want to come to a not-so-perfect Bandera,” Click said, adding, “If they wanted perfect, they could go to Boerne or Fredericksburg.”

Consulting firm to start master plan rolling by David Arny BCC Staff Writer Published Feb. 28, 2008    The Bandera City Council unanimously selected Austin’s Urban Design Associates (UDA) as the consulting firm that will assist city officials and residents draw up a master plan for Bandera’s future growth.     Bandera Planning and Zoning Commissioner Robert Koimn, City Administrator Gene Foerster, Mayor Denise Griffin and Councilman Philip Acton were chosen at the Thursday, Feb. 21, meeting to help negotiate specific criteria regarding the city’s proposed contract with UDA.     Following the council vote, Foerster said he thought one reason for UDA’s selection was that the company advocated “originality” in its approach to developing a growth plan for the city, rather than using work previously done for other municipalities as a template.     A date will be decided on in the near future for the first formal meeting between representatives of UDA and local officials, according to Foerster. In addition, a company spokesperson said a series of community forums would be scheduled to allow the general public to participate actively in the planning process as well.

Planners hear consulting firms’ proposals by David Arny BCC Staff Writer Published Feb. 14, 2008 Chris Stewart of Austin-based Espey Consultants, Inc., said a “cookie-cutter approach” would be avoided if his firm were selected to assist with formulating a master plan that addresses Bandera’s imminent growth. Staff Photo by David Arny    Bandera City Council and members of the City of Bandera Planning and Zoning Commission held a Thursday, Feb. 7 workshop to consider selection of a consulting firm to create a master plan for Bandera’s future development.     As one consultant offered, the presentations were made by representatives of three companies that specialize in assisting cities manage growth rather than simply “let growth happen.” Robin Abrams of Austin’s Urban Design Group Inc. told the gathering her firm was interested in “conserving the small town character” of Bandera. “We are planners that do not have much faith in ‘20-year master plans’,” she said, adding, “They usually don’t turn out to be practical due to future unknowns.”     Abrams said her company looked forward to working with other city consultants and engineers, in addition to addressing Bandera’s economic development issues.     Mark Sweeney and Melissa McCullough of BSR Consultants stressed the importance of citizen input in devising a master plan. “We want to bring people out of the woodwork,” said Project Manager Sweeney, referring to focus sessions, which would be scheduled to “get the consensus of the community.”     Community Planner McCullough added that components of good planning required quality data collection and analysis combined with precise mapping information. She said BSR relies on Global Positioning Satellite (GPS) information for an accurate assessment of a city’s existing layout and exact locations of suggested future improvements.     Sweeny estimated a 12-month period would be needed for his company to complete the process of producing a viable master plan for Bandera.     Chris Stewart, project manager for Espey Consultants, Inc. of Austin, made his presentation along with associates Gabe Rojas and Tom Montz.     Stewart highlighted Espy’s experience helping clients obtain grants for improvements written into master plans they assist in formulating. He said his team recently conducted a survey for Cibolo that resulted in that town obtaining a $400,000 grant from Texas Parks and Wildlife for that town’s parks and recreation department.     In addition to preserving Bandera’s historic buildings and revitalizing the downtown area, Stewart characterized a workable water and wastewater plan, as well as good flood plain management, as “critical elements” for a master plan.     Calling those aspects of a master plan “expensive and engineering intensive,” Stewart said grant funds may be required for the city to take on those tasks.     Mayor Denise Griffith said that one of the three consulting firms vying for a contract with the city would be selected before the Thursday, Feb. 21, city council meeting.

Bombshells, AG investigation dropped on city council by Judith Pannebaker BCC Editor Published Jan. 24, 2008    Bandera City Administrator Gene Foerster may have inadvertently dropped a couple of bombshells while presenting his usually pro forma managerial update to city council on Thursday, Jan. 17.     A snag – bedrock     A controversial plan to extend utilities under the Medina River to accommodate a proposed nursing home facility – as well as other development – has apparently hit a snag, or rather “solid rock beneath soil and superficial rock.”     Foerster told city council that engineers hired by Smithers Merchant Builders LP must now “bore under the river and research the depth of the bedrock” before work can continue on the utilities extension. A municipal engineer – not associated with the project – predicted that, depending on the depth of the bedrock, installation of the water and wastewater lines might evolve into a long, expensive and complicated process.     As part of an development agreement with the city, Smithers Merchant Builders LP planned to fund installation of the utility lines in return for the city furnishing the facility with utilities. When the city eventually annexes the property, the utility lines under the river will be absorbed into the municipal utility system. By refusing to extend the utility lines, the city would lose approximately $40,000 per year in revenue from the developer, Foerster said at an earlier meeting.     During a Nov. 7 pre-construction meeting, Billy T. Cope of WT Cope Construction Services, Inc. said utility lines would be put in along both sides of the Highway 16 Bridge crossing the Medina River. “Water lines will be installed upstream and sewer lines, downstream,” he said, adding a portion of the installation would begin at Maple Street. Four-inch forced main pipes will be used for the sewer main. Anticipating increased capacity in the future, 12-inch water mains will be installed under the river with eight-inch pipes leading to and from the river.     During the pre-construction meeting, Cope said construction on the extended care facility at the intersection of Highway 16 South and FM 1077 would begin after the utility mains were installed, predicting the facility would be completed in August or September.     At that time, Foerster characterized Cope’s completion date as “optimistic.”     AG investigation     Expansion of utility lines into the city’s extraterritorial jurisdiction came before the city council a trio of times before the extensions were finally approved in July. The 3-2 decision came after an hour-long closed executive session with council members sequestered with Municipal Attorney Monte Akers. Councilmen Horst Pallaske and John Hegemier voted against the extension.     The closed meeting is currently under investigation by Texas Attorney General Greg Abbott. Apparently, the AG’s office received several complaints that the July closed session violated the Texas Open Meetings Act. State law is specific regarding what can and cannot be addressed during executive sessions. Topics frequently discussed in executive sessions include threatened or pending litigation, real estate transactions, personnel matters and items subject to the attorney-client privilege. However, under no circumstances can city council members vote or be polled during an executive session. During a Dec. 6 city council meeting, Akers explained the executive session was convened because “(city council) wanted the advice of legal counsel.”     To facilitate the investigation, council approved releasing certified minutes of the closed July 19 meeting in response to a subpoena from the Attorney General’s office. “To file a motion to quash the subpoena would be very expensive and would look like we are trying to hide something,” Akers said. He also secured the release of attorney-client privilege to enable city council members to speak to investigators.     Executive session     After the AG’s office received the complaints, two officers from the Criminal Investigations Division questioned several city council members about the July 19 executive session. Mayor Denise Griffin was contacted, as well.     To one query about the closed session, a council member told investigating officers he felt other council members might have “felt pressure” to change their votes. The council member said he was also questioned about any advice tendered by the municipal attorney regarding extension of the utility lines, and a letter written by Griffin to county commissioners telling them – prematurely, as it turned out – the extension was, in fact, a fait accompli.     In addition, one council member apparently thought the executive session would center on alleged threatened litigation by Smithers Merchant Builders LP against the city for failing to approve extension of utilities across the river. In retrospect, however, he regarded rumors of a pending lawsuit as “an attempt to intimidate council into approving the utility extension.”     A final report on the investigation is still pending from the AG’s office.     Club Bandera     In other business, plans for renovating 1005 Hackberry Street also seemed to have been amended.     Rather than construct a 30-room boutique hotel at the back of the property as previously proposed, owner Steve Ball is now “shifting gears and leaning toward lower density,” Foerster said during his Jan. 17 administrative update. Ball’s decision was relayed to the city by Lyndsay Thorn of Thorn Graves Architects of San Antonio, the firm that had drawn up the original plans for “Club Bandera.”     The latest evolution of Ball’s plans include putting up townhouses in place of luxury apartments, spa, pool, restaurant, upscale hotel and conference center.     Constructing townhouses on the site requires no zoning changes, according to Foerster. In addition, shelving a contentious plan to serve liquor at the restaurant attached to the hotel and conference center would please neighbors living near the historic complex, formerly known as the Butler Hotel, Hackberry Lodge and Mansion in Bandera.     Other concerns about Ball’s original project included inadequate parking, misgivings about the city’s capacity to provide sufficient sewer and water utilities, potential flooding due to increased impervious cover and increased traffic.     Since the property on Hackberry does not fall within the designation of Bandera’s Historic District, facades of the proposed townhouses would not be required to include a western-style motif.

P&Z delivers ‘long awaited’ year-end report to council by Judith Pannebaker BCC Editor Published Jan. 3, 2008    James Hannah, the formerly beleaguered chairman of the Bandera Planning and Zoning Commission, delivered a requested year end report to Bandera City Council during the Thursday, Dec. 20, meeting.     The report described 2007 as “one of assessment” for zoning modifications within the city limits, as well as planned expansion into the city’s extraterritorial jurisdiction. “We have dealt with arrangements of land uses, buildings, infrastructure and natural resources to supply the various entities and interests within the city and ETJ with guidelines and recommendations under current city, county and state laws,” Hannah stated in the report.     According to the commission, P&Z has coordinated efforts for a master planning process “now budgeted to move into a phase of professional planning services.” A specially appointed Mayor’s Selection Committee will review and screen nine applications, winnowing them down to three or four for city council to consider for personal interviews.     The report stressed the importance of public participation in a master plan process. A “contracted professional planner,” the report continued, “would strive to design ways for the city to grow with regard to input from Bandera citizens’ protection of values and future desires.” Citizen input would also be solicited regarding “the look” of the town and its surrounding landscape, as well as economic development.     “A key part of Bandera's master planning process will involve the city's adopted subdivision guidelines developed by P&Z and city staff,” Hannah added. According to P&Z, the absence of an interlocal agreement between the city and county has stymied implementation of the rules, however. The city does not have regulatory authority within its ETJ. According to the report, “Interviews of city and county officials by a hired planning consultant may yield solutions to technical details necessary for the interlocal agreement to work for both governments.”     In the report, Hannah and the P&Z commission thanked City Administrator Gene Foerster, Public Works Director Mike Cardenas, Engineer Rudy Kline, Municipal Attorney Monte Akers, City Secretary Linda Boshek and former City Secretary Sandra Hoyland for their support and guidance through the “details and legalities of Texas municipal government.” With a bit of tongue in cheek, the report added, “Without them, this year would not have been as much fun.”     After delivering an abbreviated version of the year end report, Hannah offered the council reports of actions taken at the monthly P&Z meetings.     During a city council meeting on Dec. 6, Mayor Pro Tem Monica Halsey had described the Bandera P&Z as “unproductive.” She had alternately – and unsuccessfully as it turned out – attempted to dissolve the commission or remove Hannah and Commissioner Robert Koimn from its ranks. However, Hannah submitted a year’s worth of P&Z minutes, which negated Halsey’s allegations. For an in-depth look at a year of topics discusses and acted upon by P&Z, refer to the article, “Monthly P&Z reports belie charges of unproductivity” on this page.     Members of the Bandera Planning and Zoning Commission in 2007 included Hannah, Koimn, Punky Echart Camp and Cindy Harrington.

Monthly P&Z reports belie charges of ‘unproductivity’ by Judith Pannebaker BCC Editor Published Jan. 3, 2008    Throughout December, Bandera City Council Mayor Pro Tem Monica Halsey attempted to dissove the Bandera Planning and Zoning Commission or, alternatively, remove Chairman Jim Hannah and Commissioner Robert Koimn from its ranks.     As per City Ordinance 2-96, Halsey pronounced the commission “unproductive,” saying, “For the last 12 to 18 months, city council has repeatedly asked the P&Z to do a master plan, and they refused to do one.” Adding to her litany of complaints, Halsey continued, “They’ve given no reports to city council … We requested a quarterly update on their activities in September and haven’t received one yet. P&Z is not doing what we asked.”     However, both of Halsey’s maneuvers ultimately failed.     During the Thursday, Dec. 20, meeting, Hannah delivered to city council a year end report from P&Z, as well as a synopsis of discussions and actions taken at the commission’s monthly meetings. Below is a precís of his monthly reports:     • During the first meeting of the year last January, Cindy Harrington took the oath of office as a P&Z commissioner. Citizens attending the meeting expressed concerns about future city growth and plans for its orderly development. Maps for Bandera’s Historical District and other historical locations were also discussed.     • In February, P&Z reviewed the master planning processes of both Boerne and Helotes. Commissioners noted consulting firms were ultimately engaged to prepare master plans for both cities.     • Central Appraisal District Chief Appraiser Ed Barns attended the March meeting. He addressed how tax incentives as components in comprehensive master planning can lead to low density land development – if the public desires. Commissioners also discussed an anticipated Capital Improvement Committee which would work with P&Z and city council during the master planning process.     • In April, P&Z voted to report area residents’ concerns about B-2 zoning to city council. In addition, as outlined in Bandera’s Subdivision Ordinance No. 243, it was noted during discussions of master planning and ETJ development guidelines that "tax incentives," issued by county taxing districts to landowners and developers, could help achieve lower density development     • During the May meeting, commmissioners approved changing B-2 zoning, residential-commercial district, back to the original zoning ordinance, to allow a public hearing on the matter. The zoning was changed in 2006. Commissioners also confered about the Texas Historical Commission’s "Main Street Program" that could possibly be incorporated into Bandera's master planning.     Additionally, Foerster briefed the commission of a city proposal to apply to the state for a Certificate of Convenience and Necessity (CCN) to manage non-exempt water wells that produce more than 25,000 gallons of water a day.     • In June, P&Z discussed a possible review of the subdivision ordinance should the city implements its Subdivision Ordinance Number 243 via an innerlocal agreement with the county. In addition, City Administrator Gene Foerster briefed commissioners about a propsed monitoring well in the city.     • During the July meeting, commissioners expressed a need to receive additional input from city residents and businesses about proposed master planning. Also, P&Z decided to solicit information and advice from private and state planning agencies to decrease the cost of the master plan.     P&Z also discussed a memo submitted to the commission from City Attorney Monte Akers dated June 29, outlining the duties and role of the P&Z. None of the commissioners agreed with the memo's interpretation of P&Z functions, which, they felt, were not in accord with Texas Municipal League guidelines. Additionally, commissioners unanimously disapproved the way Foerster presented the memo. Apparently, he was “ordered” not to provide members with a copy of the memo. Instead, commissioners were asked to sign and return the memo to him as proof they had received the memo. Accordingly, members refused to sign for the memo. Instead, commissioners decided to request a workshop with city council to discuss their issues with the June 29 memo.     During discussions of the City of Bandera's Subdivision Ordinance and Bandera County's subdivision rules, P&Z explored ways to alleviate the differences between the two governments. An eventual innerlocal agreement would grant regulatory authority in its own ETJ to the city.     • The August meeting was canceled for lack of a quorum.     • On Sept. 5, P&Z held a joint workshop with city council. During the workshop, a controversial June 29 memorandum issued by Akers that outlined P&Z abilities and desired master plan results was discussed. City council also requested that P&Z commissioners provide regular written reports – beginning in 2008. Akers was asked to prepare a Request For Proposal for the city to send out for master planning consultant applications.     • In October, commissioners approved providing to city council a timeline and process line schedule of master plan consultant applications . Members also discussed the year-end report to city, as well as required 2008 quarterly reports. They also approved providing P&Z by-laws for city council’s approval.     • On Nov. 27, P&Z discussed the possibility that Bandera’s Economic Development Corporation may provide additional funding for the city's master planning process. Harrington volunteered to brief the EDC board at their Dec.19th meeting. After reviewing changes by Akers, commissioners also voted to provide edited changes of P&Z proposed by-laws at the Dec. 6 meeting of city council.     • On Dec. 18, P&Z held a public hearing to deal with concerns about B-2, residential-commercial zoning. After reconvening in a regular session, commissioners voted to recommend a change to Zoning Ordinance 246 – deleting retail food services and on-site consumption of beer and wine from the B-2 district. The commission also noted some possible editing corrections in the ordinance.     Members of the Bandera Planning and Zoning Commission in 2007 included Hannah, Koimn, Punky Echart Camp and Harrington.

P&Z 2, Mayor Pro Tem 0 by Judith Pannebaker BCC Staff Writer Published Dec. 27, 2007    James Hannah and Robert Koimn received early Christmas presents from the Bandera City Council. Perhaps due, in part, to the absence of their chief antagonist, Mayor Pro Tem Monica Halsey, both were allowed to remain on the planning and zoning commission.     Despite Halsey's nonattendance at the Thursday, Dec. 20, meeting, the removal of volunteers Hannah and Koimn from the commission was still included on the agenda. However, dissolution of P&Z, an earlier alternative, had apparently been taken off the table.     Backstory     During the Dec. 6, meeting, Halsey made a motion to dissolve the commission. She and Councilman Jason Williams voted for the dissolution while Councilmen Horst Pallaske and John Hegemier cast "nay" votes. Without offering an explanation, Councilman Philip Acton inexplicably abstained from voting.     However, before Mayor Denise Griffin was forced to cast a tie-breaking vote, Halsey withdrew her motion at the recommendation of Municipal Attorney Monte Akers.     All agenda items concerning the P&Z were subsequently tabled.     During last week's meeting, Griffin announced, "for the record," she would have voted not to dissolve the commission. Glancing at the assemblage of citizens, she added a caveat — "even though some of you out there probably don't believe me."     Also, during the Dec. 20 meeting, she reverted back to the sometimes enforced, sometimes not rule that all public comments must be made during the "visitors to be heard" section. In some previous meetings, citizens had been allowed to comment on specific agenda items.     Apparently, enforcement of the "rule" depends on the degree of controversy an specific item engenders.     "If you speak and I did not call on you, you will be removed," Griffin told the SRO crowd.     Hegemier asked, "If I understood you correctly, you said you would call on people to speak during different agenda items."     "I said, 'I may call on them'," Griffin rejoined. "If it gets out of hand, I will stop discussion on the floor."     Fearing they would not get a chance to opine about removal of Hannah and Koimn from P&Z, concerned citizens lined up at the podium at the beginning of the meeting, as directed.     'Not democratic'     "It is unfair to limit citizen participation," said Kay Welch. "We don't have enough information on (their removal) to make reasonable, intelligent comments. We have no information on why they're being removed.     This is very unfair. By your own prerogative, you would never (call on anyone) to speak who might disagree with you."     Still addressing the mayor, Welch concluded, "This is not democratic. Everyone should have an opportunity to speak at these meetings. The citizens are being disrespected and disregarded by city council."     Myfe Moore of Helotes is a member of a self-described Hill Country "watchdog group."     Members attend local government meetings in counties and cities currently "feeling pressure from developers" — particularly with regard to water issues and smart growth. She described Hannah as a valued member of the group.     "Jim Hannah has always been eloquent, polite, respectful and informed," Moore said. "He is well known and well respected throughout the Hill Country. I can't imagine why he should be removed from a commission."     After other citizens made cases for allowing both he and Koimn to remain on the commission, Hannah, as chairman of P&Z, delivered an end of the year report from the commission. His report will be covered in the Thursday, Jan. 3, issue of the Courier.     After offering a brief overview of his background as an architect and planner, Koimn stated, "Jim and I might be too confrontational with city council at times, but everything we do on P&Z is subject to approval by city council."     He continued, "A lot of my friends have counseled me to resign rather than be kicked off the commission, but my heart is not in that."     Motion to table     When the controversial item to remove Hannah and Koimn from P&Z came up later in the meeting, Griffin admitted that, although required by City Ordinance 2-96, Halsey had submitted nothing in writing stating her reasons for demanding their removal.     Williams made a motion to table the issue until the next regular meeting, set for Thursday, Jan. 17, and the controversial issue reached another stalemate.     Williams and Acton voted for and Pallaske and Hegemier voted against tabling the issue. It again came down to Griffin.     "In the spirit of Christmas and what we're trying to do here, I vote not to table," Griffin said, adding, "I ask that you be more willing to come to the council more and be less antagonistic at times. It is not productive for the city. We must get past this constant bickering back and forth."     Since a motion for removing Hannah and Koimn from P&Z was not forthcoming, they will remain on the commission. In other planning and zoning business, city council unanimously adopted changes to the P&Z Ordinance 224, but tabled until January adoption of the P&Z bylaws.     Additionally, a request for proof of citizen residency for all current members of the economic development corporation, board of adjustments and P&Z commission will be discussed at a later date.     Mo' members     Council also appointed three additional commissioners to P&Z, increasing the board to seven members.     New commissioners include Tony Battle, a Bandera city resident, with a master's degree from Texas A&M in construction science. He was involved in developing The Woodlands, an $80 million project, as well as in the restoration of the Pearl Brewery and extension of San Antonio's Riverwalk. "I want to help guide the city in the right direction," Battle said.     An employee of Hevenor Lumber, Robert Preston lives in the city's extraterritorial jurisdiction "across the river, south of town on a ranch that's been in the family since 1940." He characterized being appointed to the commission as a "golden opportunity" to address controlled and limited growth. Preston advocated maintaining a green area around the city to help maintain its "country atmosphere."     The seventh member of P&Z, Barry Ehrmann is an architect who lives in the city. Ehrmann indicated he was eager to work with members of the commission and council to move the city in the right direction.     In addition, another candidate, Linda James ,appeared amicable to serving as an alternate commissioner — just as soon as the newly adopted, P&Z Ordinance 224 can be amended to accommodate the new designation.

Bandera's potential $5 million 'crown jewel' by Judith Pannebaker Courier Staff Writer Published Dec. 20, 2007 Architect Lyndsay Thorn's rendering of the proposed boutique hotel complex planned for the heart of the City of Bandera, 1105 Hackberry Street, formerly the Butler Hotel, Hackberry Lodge and The Mansion in Bandera. City Council recent received an overview of the project from property owner Steve Ball. Owner Steve Ball outlined his plans for his property at 1005 Hackberry Street at a recent Bandera City Council meeting. BCC Staff Photo    If all goes according to Steve Ball's calculations, the City of Bandera will have a new centerpiece in keeping with the city's historical demeanor — perhaps as early as 2009.     1005 Hackberry     Eighteen months ago, Ball purchased the property at 1005 Hackberry Street, formerly known as the Hackberry Lodge and the Mansion In Bandera. He then commissioned Thorn Graves Architects of San Antonio to draw up plans to turn the several-acre complex into the Cowboy Capital's crown jewel. The architectural firm specializes in historical renovation and assisted with the restoration of Alamo Plaza.     Ball's $5 million project will include renovation of the historic limestone building, originally The Butler Hotel, and eventual construction of a spectacular E-shaped boutique hotel off a central courtyard along the back of the property on Pecan Street.     According to Ball, the property takes up an entire city block. "Although the building is great, it's unfortunately too big for a house and too small for a commercial enterprise, which several owners have discovered," he told city council on Thursday, Dec. 6. "I'm hoping to create a mechanism to support and restore the property," he said, adding that he not "a speculator or a developer."     Along with the 30-room hotel, Ball proposed to build a conference center along 10th Street. During the early December meeting, he offered an overview of the proposed restoration of one of the city's most venerable landmarks.     "We'll lose the carriage house and garage apartments, but the old house will be converted into eight luxury apartments and the hotel will add another 30-odd rooms," Ball said. Noting that the city has "plenty of rooms of the bargain basement variety," he anticipated creating a high-end facility.     Restore, refurbish & rehab     After unveiling preliminary site plans and elevations, architect Lyndsay Thorn said, "There is a need here for a boutique hotel with a nice standard of finish." He added, "Its 30 to 40 rooms will complement, not overpower, the site."     Thorn explained current plans called for taking the mansion back to its c.1906 look. A six-foot Victorian iron fence around the property would include a large vehicular gate off 11th Street, opening onto a paved courtyard. During the phased restoration, a conference facility would be constructed on the 11th Street side of the property for moderately-sized meetings as well as weddings and other social functions.     A walkway will attach the carriage house to the conference center, which would also include a medium-sized kitchen.     A spa with pool would be constructed on the 10th Street side. The hotel at the back of the property will be built in two phases. To forestall an overpowering appearance, Thorn designed the hotel to give it the appearance of being "a story and a half" tall with rooms on the second floor tucked into the roof space.     Angled, on-site parking would be available on the 11th Street side. Rather than poured concrete, parking areas both on and off the site would be constructed with brick pavers to emphasize "a pedestrian environment" within the complex. "We want it to be reminiscent of the Grey Moss Inn," Thorn said.     At present, the complex has approximately 80 parking spaces. "We don't want to dedicate too much land for parking," Thorn said. Ball added that parking along 10th Street would allow additional space for gardens.     He told council members he intended to fit the buildings around the trees. "No trees will be taken down during this restoration," Ball said. "We want it to be seen as a 'garden square and hotel' — a green space. When this is finished, we believe it will give the impression of a (town) square."     Having their say     Ball fielded comments and questions from the assembly about the adequacy of his parking spaces, the city's capacity to provide sufficient sewer and water utilities and enforcement of current zoning regulations, among others. However, he stressed that plans are still in the preliminary stages, and would be fine-tuned prior to finalization.     Rilla Stevens expressed unease about increased demand on water, especially regarding the proposed pool. She was also concerned with the added traffic and potential parking problems.     "We're advocates of recycling," Ball said. "We'll use gray water collected on-site for irrigation.     The property also has an old well and huge cistern, into which rainwater will be funneled." He also said he felt sure local employees would walk to work, alleviating the need for employee parking areas. "When I'm here, I park my car and walk or ride my bicycle everywhere," Ball said.     "With the right system, you could gather rainwater and use it for all your systems," offered Nita Jenkins. Ball said he would consider her suggestion.     Jane Dry told a cautionary tale of the havoc wreaked regarding traffic jams and flooding that occurred in the area after construction of the Bandera Middle School.     Indicating on-street parking might be a problem, she said, "The streets are now clogged with buses and parents dropping children off at the school in the mornings and picking them up again in the afternoons.     "If (your property) doesn't hold water, it will flood the children's park and the county attorney's office across the street," Dry said, adding, "How is the city sewer system going to handle all the bathrooms after a five-, six- or seven-inch rain? Where's the waste going to go? You can't dig a hole."     "These plans are not cast in stone," Ball said. "They can be modified."     Benefit to city     Ball estimated yearly revenue from the project from between $1.5 and $2 million per year. "We're potentially looking at $1 million in bed (hotel-motel) taxes per year for the city, aside from increased revenue and wages. He anticipated providing full-time employment for as many as 30 locals.     "The trick will be to fill the hotel and conference facility during the week and on off-holiday seasons," Ball said. "The trick is also to attract a conference crowd."     Having the last word, Nancy Montgomery said to Ball, "Hurry up and build it so I can apply for a job."

Life under the City of Bandera's Big Top by Judith Pannebaker BCC Staff Writer Published Dec. 13, 2007 Robert Koimn and Jim Hannah    There's no doubt a circus atmosphere reigned at the Thursday, Dec. 6, city council meeting; however, opinions may differ on who played the roles of ringmaster, clown, tightrope walker and tame lion.     In the end, a motion to dissolve the Bandera Planning and Zoning Commission came down to 2-2 vote with Councilman Philip Acton abstaining. However, before Mayor Denise Griffin could cast her tie-breaking vote, the motion was withdrawn at the suggestion of Municipal Attorney Monte Akers.     Determined to dissolve     Mayor Pro Tem Monica Halsey appears determined to disband the P&Z commission or alternatively, remove Jim Hannah and Robert Koimn from its ranks. While the first attempt was thwarted by her inability to adhere to the conditions of removal, i.e., stating the cause (for removal) in writing, the debate will likely continue at the next meeting on Dec. 20.     As per City Ordinance 2-96, Halsey pronounced the commission "unproductive," saying, "For the last 12 to 18 months, city council has repeatedly asked the P&Z to do a master plan, and they refused to do one."     To bolster her claim, she submitted Ordinance 2-99, which states, "The planning and zoning commission shall have the power and it shall be its duty to make and recommend for adoption a master plan, as a whole or in parts, for the future development and redevelopment of the city and its environs."     Halsey added to her litany of complaints. "They've given no reports to city council and they've done no recruitment to fill vacant positions (on the commission). We requested a quarterly update on their activities in September and haven't received one yet. P&Z is not doing what we asked." Defending themselves, Koimn and Hannah said they never saw a copy of the ordinance requiring P&Z to devise a master plan until a joint meeting with city council in September. "That was the first time in four years I saw the ordinance," Hannah said, adding, the commission had been working on subjects addressed at that meeting.     Citizens take floor     City residents and community leaders also took umbrage with Halsey's assessment of the volunteer P&Z commission.     Bandera County Chamber of Commerce President Sheila Click noted, "Jim and Robert have both asked the Chamber for input on a proposed master plan and we're really excited about it." She offered, "Things always happen slow in Bandera. We always seem to be in a learning curve, but we should prefer to be proactive not reactive."     Resident Rilla Stevens told council, "You need to work with P&Z. So, they're not as fast as you'd like. They are volunteers and work as hard as you do." She reminded council, "City council has also had issues with looking not so good at times."     Cutting to the chase, architect Barry Ehrmann pointed out, "P&Z commissions usually don't make up master plans. (Master plans) are done by professionals who are well versed in law, traffic (mobility studies) and land use. P&Z protects towns from ugly buildings and preposterous schemes."     In defense of self     "We can be part of the implementation process after a master plan is created and we have the ability to guide the master plan process," Hannah said, further defining the role of P&Z. He added, "We have authority to advise council and you have authority not to take our advice."     Addressing Halsey about the seeming delay, he said, "We're picky folks who like to see procedures and rules being followed. I think you're showing me and the other members of P&Z disrespect.     Personality problems don't cut it, and our professionalism is being impeded by one attack after another."     To a complaint P&Z hadn't utilized previous master plans devised for the city, Hannah said, "The plans are 'cookie cutter' and we wanted something more unique for Bandera." He added a facilitator or consulting firm would conduct public hearings before drawing up a conceptual plan the would emphasize the city's distinctive features. "There has been nothing we can see to show P&Z has been working on a master plan," Halsey said. "We've asked for certain things to be done and they're not being done."     "Before any 'work' can begin on a master plan, we need to have a series of public hearings and no one here can call a public hearing that would be totally unbiased. You can't, Monica, and I can't. We all have too much baggage," Hannah said. "A professional planner carries no baggage and can draw people out who would usually not attend a public hearing of this type."     Work, work, work     He asked council to examine the amount of work that had gone into the nine responses to requests for proposals sent out by City Administrator Gene Foerster.     "People deserve to get paid for putting a master plan together," Hannah said. "(P & Z's) job is to get people to come to the public hearings. However, people (are afraid) that Bandera will end up looking like a cookie cutter of San Antonio with its suburban sprawl."     Koimn added, "Planners will extract information they need from the old LCRA and Texas A & M master plans. We are not trained to do a master plan, planning consultants are. Why would you insist unqualified people do your master plan?"     Regarding Halsey's assertion that members of P & Z are not actively recruiting to fill an existing vacancy, Hannah said, "I've asked people to come in and talk to Gene. There are great people out there who are willing to serve on P & Z, but there is also great frustration, too. We have to get over making this personal."     "There is nothing personal about this," Halsey declared. Wading into the fray, Griffin accused P & Z members of calling meetings of a special mayoral committee that she was unable to attend.     For the record, Griffin appointed a special committee charged with evaluating proposals submitted by consulting firms interested in creating Bandera's comprehensive land use (master) plan.     According to Foerster, due to her scheduling conflicts, Griffin had postponed a meeting of the special committee originally slated for Tuesday, Dec. 11, until after the first of the year. The committee consists of Griffin; P & Z members Hannah, Koimn, Cindy Harrington and Punky Camp; Foerster; Acton; Public Works Director Mike Cardenas; and Jud Ashmore, a representative of the business community.     Nit pickin'     Growing weary of what one citizen referred to as "nitpicking," Councilman Horst Pallaske noted, "The P & Z commission worked on subdivision ordinances for the ETJ and did a hell of a job. The council thanked them for their job." He asked his colleagues to have a little patience, saying, "Some things take longer. Stop treating them like stepchildren. They are volunteers and we should be thankful for them."     Counseling against dissolving the planning and zoning commission, Akers said, "If you dissolve (the commission), you'll just reform it later because you're going to need it. It's happened before and it'll happen again."     However, Halsey made a motion to rid the council of the P & Z commission anyway, which was seconded by Councilman Jason Williams. Noting city council's full plate, Stevens asked who would take over the duties of the P & Z, observing, "You're already overwhelmed by all the things you already can't take care of."     "This is obviously a vendetta," Ehrmann said. "Why does city council not listen to the citizens you work for?" The vote was 2-2-1, with Halsey and Williams voting for dissolution, Pallaske and Councilman John Hegemire voting against it and Acton abstaining.     Collateral pain of abstaining     Although he failed to articulate his reasons for abstention, Akers came to Acton's rescue saying, state law doesn't require city council members to vote on every measure. Akers' explanation cut no ice with displeased city voters. Calling Acton a "coward," several residents predicted Acton would probably have to explain his abdication of duty to constituents prior to the next city election.     With Acton's abstention, the ball returned to the center ring where it was caught by a clearly discomfited Griffin. Before she could cast the tie-breaking vote, however, Akers suggested Halsey withdraw her motion.     Apparently the only thing the mayor pro tem had "in writing" to support her contention of P & Z inactivity as required by Ordinance 2-96 were some handwritten notes — which had not been distributed to her city council colleagues or members of the planning and zoning commission. Ehrmann suggested city residents might also like to read the document Halsey promised to prepare for the next scheduled city council meeting. He declared, "Getting rid of P & Z is preposterous. Getting rid of an entity to get rid of a few people you don't like is preposterous. Fire 'em — fire all these volunteers."     Addressing Halsey, Ehrmann continued, "I don't like having to say this, but maybe you don't understand what a master plan is."     "I do. I went to a workshop," Halsey retorted. She and Hannah had attended a master planning workshop last summer, sponsored by the Texas Municipal League and Alamo Area Council of Governments.     "Maybe you need to go to another one," Ehrmann said. Discussions and action on other agenda items surrounding the P & Z were tabled by a vote of 3-2 with Halsey and Williams casting the "nay" votes.     Discussions concerning dissolution of P & Z will continue Thursday, Dec. 20.

City master plan off & running — potentially by Judith Pannebaker BCC Staff Writer Published Dec. 6, 2007    A special committee, appointed by Bandera Mayor Denise Griffin, recently began evaluating nine proposals submitted by consulting firms interested in providing the municipality with a comprehensive land use (master) plan.     The committee consists of Griffin; members of the Bandera Planning and Zoning Commission, Chairman Jim Hannah, Robert Koimn, Cindy Harrington and Punky Camp; City Administrator Gene Foerster; Councilman Philip Acton; Public Works Director Mike Cardenas; and Jud Ashmore, a representative of the business community.     However, prior to press time, it was learned Mayor Pro Tem Monica Halsey had included on the Thursday, Dec. 6, city council agenda, an item calling for the dissolution of the Planning and Zoning Commission and/or the removal of Hannah and Koimn, as per P & Z ordinance, Sec. 2-96, Removal of Members. For more details of the sure-to-be controversial move, see the Thursday, Dec. 13, issue of the Courier.     Nine RFPs     During a special meeting on Tuesday, Nov. 27, planning and zoning commissioners received the proposals, along with selection guidelines to use in the evaluation process. Two participating firms were based in Florida, and the rest in Texas.     In an interview, Foerster said he had posted a "short blurb" describing the project on the Texas Chapter of the American Planning Association website.     "Consulting firms often refer to this site for potential projects," he said. Since the posting was limited to just 500 words, Foerster asked interested firms to contact him for a formal request for proposals.     The four-page RFP included an overview of the project and background of the community, budgetary considerations, study objective and scope and outlines of the roles of both the city and consultant, in addition to a section that dealt with the consultant's qualifications and requirements.     "The city desires to select a planning consultant capable of performing the responsibilities normally associated with the full development of a municipal comprehensive plan, but who will also take advantage of local resources available that may reduce the city's cost," the RFP stated. In addition, the document made it clear, the consulting firm should seek "direct involvement, support and effort of the citizens of Bandera. Public participation is expected to play an important role in the development of the Bandera Comprehensive Plan."     Mo' money     According to Foerster, a special meeting of the mayoral committee would be convened after the first of the year for members to submit their proposal evaluations.     "We'll critique the sheets, have a little discussion and tally 'em up," he said.     This fiscal year, the city's budget for preparation of the comprehensive master plan was approximately $36,000. However, Horst Pallaske, city councilman and chairman of the city's Economic Development Commission, said his group would be willing to sweeten the pot a little with additional funds ­ perhaps as much as $10,000. However, he asked a member of the mayor's committee, "not on the EDC," to make the request before the economic development commission.     To Acton's complaint that approval of EDC funding "would take months," Pallaske replied, "It doesn't matter how long it takes. We must get the ball rolling." "The more we can pay people, the better plan we're going to get," Koimn pointed out, saying EDC fund approval would likely coincide with payment for the plan.     Regarding additional funding, Harrington noted, "The EDC is interested in economic development, not necessarily attracting tourism. We want to draw businesses to this town, inside its city limits."     An economic development plan could also be a part of the master plan, Koimn said. Echoing Koimn's observation, Pallaske said, "The more money we put in it, the more we'll get out of it."     Evaluation process     Selection guidelines are based on evaluating each criteria numerically from one to 10 ­ with one being unacceptable and 10 being exceptional. In Part I, committee members would evaluate eight RFP requirements, including inclusion of community wide stakeholders in public hearings, addressing limited city staff issues and commitment of the firm's involvement with the city for duration of the comprehensive plan's development.     The eight requirements of the mayoral committee in Part II included, among others, evaluation of the consulting firm's prior experience working with small rural towns; its ability to work within the city's traditional and historical context, including the aesthetics of area's traditional western design motifs; and the firm's recognition of the importance of utility infrastructure and capital improvements program. In both sections, evaluators are allowed to award a firm four additional points ­ from one to four ­ to any criteria.     This enables evaluators to give more weight to criteria they deem especially important.     After tabulations and discussions, the committee will recommend their top choices to city council.     According to Foerster, representatives from these consulting firms will be interviewed in person by the selection committee.     "We're especially looking for firms that have worked with small cities and that have shown a real interest in this project," he said.     Endorsing Foerster's plan, planning and zoning's Harrington said, "You could tell right away some of the firms only sent boiler plate submissions. We want a firm with a little personality and that understands what Bandera is all about."

Jurisdictional smackdown by Judith Pannebaker BCC Staff Writer Published Nov. 22, 2007 PD Chief Jim Eigner    "If anyone thinks my officers are going to come to a screeching halt at the city limit sign, they're mistaken," said Bandera Police Chief Jim Eigner, during a recent interview regarding the legal jurisdiction of his department.     Apparently questions — and eyebrows — have been raised about city police officers initiating law enforcement investigations and operations in the county. "Moaning, groaning and grumblings" were heard when police officers served a warrant in the county and later testified before a grand jury. "That investigation was initiated in the city," Eigner said.     In September, police officers, in conjunction with two game wardens with Texas Parks and Wildlife, arrested an individual in the county wanted on a variety of charges, including misdemeanor possession of marijuana, evading arrest and a warrant for revocation of parole. Sheriff's deputies scheduled to participate in the action had apparently been "called away" at the last minute.     According to Eigner, a in 1998 opinion by the Texas Attorney General stated that city police officers have county-wide jurisdiction to conduct investigations and arrest offenders.     In addition, the Court of Criminal Appeals has ruled, "City police jurisdiction extends county-wide, not only to the power to arrest, but also to perform all acts necessary for the suppression of crime," Eigner noted.     "In other words, police officers have basically the same authority in the county as they do in the city," Eigner said.     "Apparently, it's just been the custom here that former police chiefs and officers never utilized that authority. As a courtesy (to deputies with the Bandera County Sheriff's Office), we usually don't exercise that authority. But if we don't, it's not due to a lack of authority or jurisdiction."     Eigner added the historical instances of stopping investigations at the city limits had rankled him since he assumed leadership of the city police department last March.     "I was told, 'You can't do that. It's outside of our ETJ (extraterritorial jurisdiction).' That made no sense to me," Eigner said.     As a 33-year veteran of the San Antonio Police Department, he worked throughout Bexar County. "Rules are rules. If police officers from San Antonio can operate in Bexar County, it stands to reason Bandera police officers also have jurisdiction in the county," he continued. "My commission as a peace officer says 'State of Texas,' not City of Bandera."     According to Eigner, crime that occurs in the county directly impacts the city — and vice versa.     "Drugs don't stop at the county line. Sometimes our officers receive confidential information that leads us to criminal activity in the county. We'll act on that information. We don't intend to stop at the city limits and we won't stop solely because it's a county issue."     Eigner said crime is changing. "Drugs are manufactured in rural areas, but distributed in the city. When our officers work in the county, they're trying to protect the city. We're a full-service organization."     On Thursday, Nov. 15, Eigner told city council, "If we need to go into the county to investigate, arrest or serve a warrant, we can and will. To best serve the residents of the city, we need the ability to take police action wherever it is necessary."     He answered in the affirmative when asked if police officers had authority to write speeding tickets in the county, saying, "They can and will." He added, "We have to address crime. We can't wait for it to hit us in the face."     Mayor Denise Griffin asked, "Does the county know about this?"     "They will," Eigner replied.

Show gets on road & under Medina River by Judith Pannebaker BCC Staff Writer Published Nov. 15, 2007    Nine parties privy to the installation of utility lines to serve the Bandera Skilled Nursing Center project saddled up and prepared to move out during a pre-construction meeting at Bandera City Hall, Wednesday, Nov. 7.     Participates in the meeting included Billy T. Cope of WT Cope Construction Services, Inc.; Doak Schuelke of Smithers Merchant Builders LP, project developers; Loyd Thompson, William Waid and Todd Sandidge, personnel with the Texas Department of Transportation; City of Bandera Engineer Rudy Klein; Public Works Director Mike Cardenas; and County Engineer Ray Rendon Jr. A representative from Vickery and Associates, the engineering firm that designed the project, did not attend the meeting.     According to City Administrator Gene Foerster, the meeting was called to ensure all contractors coordinated their specific work and to guarantee work would be completed in accordance with approved plans and specifications. The project will eventually become part of the city's utility system. During the meeting, components of the massive undertaking were also outlined.     While Vickery apparently has received approval that an environmental impact study had been conducted, the city still needs assurances that the materials to be used in the project meet specifications, Klein said. In addition, he indicated other studies that needed to be completed included hydrostatic, chlorination and air pressure tests, among others.     According to TxDOT regulations, work on the project must begin within six months of approval of the construction permit, and Smithers' cutoff date was Nov. 10. However, Sandidge, Bandera County TxDOT maintenance foreman, indicated he did not foresee a problem with granting an extension of the permit.     Although the pre-construction meeting didn't constitute a "start" to the work, surveying the site evidently did. Cope indicated he would get the survey completed "pretty soon."     "TxDOT will be happy as long as you can make a showing," Forester commented.     That settled, Foerster asked the question uppermost on the minds of citizens and elected city officials and staff, "What is the target date for completion of the project and when will you be ready to hire?"     Cope said that final plans should be ready in a month. Construction on the extended care facility at the intersection of Highway 16 South and FM 1077 would begin after the utility mains are installed under the river.     "Once we start on the facility, it should take about eight months," he said, projecting a completion date of August or September of 2008.     Playing devil's advocate, Forester characterized Cope's completion date as "optimistic."     He also asked contractors to submit to the city their work sequence along with an estimated completion time. "The river crossing is our first concern," he said.     According to Cope, utility lines will be installed along both sides of the Highway 16 bridge across the Medina River.     "Water lines will be installed upstream and sewer lines, downstream," he said. A portion of the installation will take place from Maple Street. Four-inch forced main pipes will be used for the sewer main.     In anticipation of future capacity, 12-inch water mains will be installed under the river with eight-inch pipes leading to and from the river.     During the installation of the utility lines, Sandidge cautioned Cope to be aware of buried telephone lines and the root systems of trees. "They might be trash trees to us, but not if they're in someone's front yard," he said.     Klein pointed out that in a letter to the Texas Commission for Environmental Quality, Smithers had indicated the proposed sewage lift station would be owned, operated and maintained by the nursing center.     "The off-site lines will be dedicated to the city upon completion," he noted, asking, "Will the lift station also be turned over to the city?" Cope said he didn't foresee a problem with dedicating the lift station to the city.     Apparently the lift station will be designed to accommodate only patients and staff of the extended care facility, as well as the needs of a proposed fast food restaurant, Cope said, adding it could be expanded to accommodate between 30 and 35 EDUs if necessary.     EDUs are an acronym for equivalent dwelling units, which can refer to single residences or a multi-family complex. "We won't install oversized pipes for future development in the area," he said. "Future developers must provide their own lift station."     According to Rendon, the county has approved the final plat of the project but still needs a plat amendment to accommodate an easement for the lift station.     "We're anxiously awaiting this project getting started to see what the end result will be," Foerster said at the conclusion of the meeting.

No utility lines under Medina River yet Published Nov. 1, 2007    A controversial Bandera City Council decision to supply municipal water and sewer utility services to a proposed health care facility to be constructed at the intersection of Highway 173 South and FM 1077 may have hit a snag.     While giving an update at the Oct. 18 city council meeting, Bandera City Administrator Gene Forester indicated Smithers Merchant Builders, LP, developers of Bandera Skilled Nursing Center, might request an extension from the Texas Department of Transportation for installation of sewer and water utility lines under the Medina River. As part of the development agreement with the city, the developer would fund installation of the utility lines and the city would furnish the facility with utilities. When the property is eventually annexed by the city, the utility lines would be brought into the city's utility system.     During an meeting last summer, Public Works Director Mike Cardenas spoke in favor of extending municipal services. If utilities were not extended, once the nursing home property was annexed, the city would have to pay a "considerable cost" to loop the facility's private utilities into the city system, he indicated.     Additionally, by refusing to extend the utility lines, the city would lose approximately $40,000 per year in revenue from developers, Foerster said.     However, under the developer's original TxDOT permit, work on the project was to have been initiated by Nov. 10, which appears unlikely. During an October city council meeting, it was indicated problems may have arisen with construction of a sewage lift station.     A lift station pumps sewage or wastewater uphill from a low-lying facility to a collection system of pipes. A lift station is frequently used to control the sewage treatment across several areas, pumping effluent to a collection area and ensuring waste from lower elevation areas is processed. The nursing center and possibly a physician's office were to be the initial commercial customers in the city's extraterritorial jurisdiction (ETJ). However, during discussions of the utility lines extension, it was speculated that increased development across the river would follow.     During a September city council meeting, Councilman John Hegemier told council he had heard Smithers Merchant Builders had found installation of utility mains under the river "too expensive" a proposition. Hegemier suggested the developer might drill a well instead ­ a contention put forth earlier by Mayor Denise Griffin.     In July presentation, James Beach, senior manager with LBGGuyton presented an overview of the consulting group's extensive study of the Trinity Aquifer, commissioned by the Bandera County River Authority and Groundwater District. When the meeting adjourned, Griffin remarked she was surprised Beach hadn't revealed his group had been contacted by personnel with Smithers Merchant Builders to discuss the feas