A Look Back At Governmental Issues

Dec 30, 2008 - 15:10:20 CST.

Mills picked to succeed Sheriff Jung

Whether it was local, state and national elections that drew record numbers of voters, increasing drought conditions, recognition earned by youths and adults alike or the many events which attracted thousands of visitors to Gillespie County in 2008, there is no doubt that it was a busy year.

And now it is also time to bid farewell to 2008 and welcome a new year filled with all of the promises for new beginnings.

As the clock ticks away the final hours of 2008, the Fredericksburg Standard-Radio Post is taking one last look at the events that made local front page news over the past 12 months.

The headlines of 2008 proclaimed the accomplishments of young and old alike and reported on the many activities that continue to make Fredericksburg and Gillespie County a favorite tourist destination.

But the news was not all good in 2008, especially when automobile accidents claimed the lives of residents and visitors and when fires destroyed homes and property.

Here are some of the highlights -- both good and bad:

* Government *

It was a busy year for city, county and school officials as they kept track of all the issues affecting local residents.

Record numbers of voters also went to the polls in March and again in November to elect leaders on the city, county, state and national levels.

County

Gillespie County Commissioners found themselves busy in 2008, dealing with a variety of issues.

The new year started off with a burn ban ordered by the commissioners’ court in response to the wildfires that had struck the Fredericksburg area as dry weather conditions persisted.

Prompted by a change in the weather that had brought just over a half-inch of rain since the burn ban was enacted on Dec. 31, commissioners on Jan. 28 lifted the ban. The decision came with an advisory to use extreme caution when burning.

But, less than two weeks after lifting the burn ban, county commissioners, prompted by “red flag” weather conditions, reinstated the measure.

Commissioners approved an order on Feb. 11 prohibiting political advertising on county-owned property without written permission of the commissioners’ court.

In March, commissioners awarded $100,000 of $226,000 in available funds to the Fredericksburg Convention and Visitor Bureau in its first allocation of Hotel Occupancy Tax revenues. Proceeds from the “bed tax” had been collected by the county for the first time in 2007.

Then in June, commissioners approved the second allocation of the funds when it awarded $15,000 to the Fredericksburg Chamber of Commerce to help redesign and upgrade the chamber’s website.

June also found county commissioners reinstating the burn ban and accepting the resignation of retiring county tax assessor-collector Leola Brodbeck. The court appointed Marissa Weinheimer, who had been elected as the GOP nominee in the March primaries, to the position.

After first taking no action in August on a proposal from Boot Ranch to make space for 29 new houses by dividing existing lots, commissioners later that month approved the application, revising the Boot Ranch subdivision plat. The changes increased the number of lots in phase one of the subdivision from 104 to 131 as well as consolidated five existing lots into a 21-acre tract for a sports facility and health spa.

The court also awarded the Fredericksburg CVB five-sevenths of the county’s Hotel Occupancy Tax funds, matching the allocation given annually by the City of Fredericksburg.

In September, the county approved a $15,419,215 budget for the 2009 fiscal year. Of that amount, about 70 percent -- $10,687,144 -- was earmarked for the general fund, while another $3,812,336 was set aside for the road and bridge fund and $919,735 for special funds.

Commissioners set the tax rate at 25.81 cents per $100 valuation, which was down from the 27.70 rate for 2008.

Advocating local control to approve or disapprove of the installation of industrial wind farms in any Texas county, Gillespie County Judge Mark Stroeher testified before a state senate committee on Oct. 6. Speaking in a packed hearing room in Austin, he recommended to the Senate Committee on Business and Commerce that commissioners’ courts in each county be given the authority to approve or deny requests for the installation of wind farms in a county.

In November, commissioners adopted a resolution opposing the development of transmission line routes other than the approved Public Utility Commission plan.

County commissioners in November also approved early plans from the Texas Department of Transportation to repair five county bridges listed as structurally deficient or functionally obsolete.

Of seven bridges, TxDOT was optimistic that up to five could be repaired if bundled together in a project proposal. Total project would cost $1.5 million and the county would pay 10 percent.

The project would include two bridges on Kneese Road along with bridges on Boos Lane, Goehmann Lane and the Old San Antonio Road.

After receiving a letter of non-compliance following a failed inspection of the Gillespie County Jail by the Texas Commission on Jail Standards, county commissioners in December began addressing the issue with outgoing Sheriff Milton Jung and newly-elected Sheriff Buddy Mills.

The TCJS report outlined eight violations of minimum standard requirements, including one that the approved capacity of the jail had been exceeded.

Gillespie County Commissioners ordered the fourth countywide burn ban for 2008 in December. In the last two weeks, only 0.08 inches of rain had been measured in the county with just 0.18 inches of rain since Oct. 22.

Dubbed “a major obstacle to funded health care for the most-needy of Gillespie County,” eligibility limitations for the Gillespie County Indigent Health Care program were criticized as part of the 2008 Gillespie County Health Board report presented to county commissioners in December.

Representatives from the City of Fredericksburg, the Hill Country Memorial Health System and the Gillespie County Health Board packed a crowded Gillespie County Courthouse on Dec. 15 to continue an ongoing discussion on health care issues for the city and county. A workshop between the city, county and hospital was suggested.

During the hour-long discussion, two main issues emerged, including eligibility requirements for the Gillespie County Indigent Health Care Program and accessing State Assistance Fund money to increase spending to the indigent Health Care program and to reduce EMS losses.

Seeking a clearer resolution to ongoing personnel issues at the Gillespie County Sheriff’s Office regarding local law enforcement personnel being called to military duty, commissioners discussed possible solutions with outgoing sheriff Milton Jung and newly-elected sheriff Buddy Mills in the last meeting of the year.

County officials were hoping to avoid legal issues associated with the deputy position temporarily vacated by Kevin Carter while he served in the military.

City

From handing out hotel tax revenue funds to addressing affordable housing and “formula” stores, the Fredericksburg City Council was also busy in 2008.

Local organizations in January requested portions of the hotel tax funds from the City of Fredericksburg. City Manager Gary Neffendorf estimated the 2008 hotel tax revenues to be $1.38 million.

With $25,000 held back in reserve, about $1,355,000 was available for distribution to organizations that conduct events designed to bring visitors to Fredericksburg.

The Fredericksburg Convention and Visitor Bureau requested five-sevenths of the total (or $985,983 for 2008) for its operating budget, while the second-highest request came from the Gillespie County Historical Society ($122,293), plus an additional $6,000 for Fort Martin Scott which the Historical Society operates for the city. The Admiral Nimitz Foundation requested $75,000.

Two issues were addressed by the Fredericksburg City Council in January which had received much attention during the last couple of years. One dealt with a noise ordinance which needed to be altered, and the other involved the possible ban of so-called “formula” stores in the city’s Central Business District.

“Reduce, reuse, recycle” is the working slogan for a group of local citizens known as Fredericksburg CARES (Community Awareness Regarding Environmental Solutions) who want to help provide answers for the ever-growing problem of managing trash and other refuse that collects in and around Fredericksburg.

The city council in February also approved a capital improvement plan that topped the $15 million mark for the next five years. An additional $1.7 million was expected to come in the form of purchased capital equipment during that same half-decade time frame.

The big item for the 2008-09 fiscal year will be the running of replacement sewer lines from State Highway 16 North to the city’s waste water treatment plant, a project that is expected to run between $4-$5 million. Also on tap for that year will be the acquisition of land adjacent to the city landfill, which is expected to cost in the $500,000 range.

In 2009-2010, the city is planning to spend about $3 million in renovations at Lady Bird Johnson Municipal Park, with another $500,000 earmarked for Morning Glory Drive.

The only capital equipment cost for 2008-2009 was expected to be a scraper vehicle for the solid waste department and in 2009-2010, the city is anticipating replacing a pumper truck for the Fredericksburg Volunteer Fire Department.

The City of Fredericksburg in February became one of the first municipalities in the state to ratify an agreement with Atmos Energy Corporation’s Mid-Tex Division regarding rate adjustments.

While it won’t be a total ban on so-called “formula” stores in the downtown area, the city council in March received a rough draft of an ordinance that would strictly control the placement of chain stores in the historically significant area of town.

A recent construction project near Baron’s Creek at 505 East Ufer Street had several neighbors questioning the city in March about how their properties might be affected with regard to potential flooding conditions similar to those occurring last spring.

Citizens were given the opportunity to share their views on a proposed ordinance that would establish a downtown shopping overlay district in an effort to control potential “formula” stores that might locate in the middle of Fredericksburg’s Main Street area.

Residents had another chance to be heard on the noise ordinance during the first Fredericksburg City Council meeting in April. A major bone of contention for both sides of the issue involved the noise generated by some restaurants and other live music venues in the Central Business District of Fredericksburg and how that noise affects people who live close to the CBD.

More than a dozen people gave their opinions in April to the city council regarding a proposed ordinance that would require a conditional use permit (CUP) for a “formula” store to locate in the downtown historic area of Fredericksburg. The opportunity came during a specially-called meeting of the council following a public hearing conducted by the Planning and Zoning, which gave its approval to the draft ordinance by a 7-2 margin.

After more than a year of discussions, meetings and public hearings, the City of Fredericksburg in April had an ordinance that would require a “formula” store to acquire a conditional use permit if it wanted to open in the newly-created Historic Shopping District. Supporters said the ordinance is a way to maintain the unique atmosphere of the city’s historic downtown area.

A noise ordinance that was more practical, enforceable and fair was the goal in May as the council hammered out provisions and then passed the measure. The new ordinance, which regulates the noise level within the city limits, draws no distinction between commercial and residential areas; defines evening and nighttime hours; limits the decibel level to 75 during the day, 70 during the evening and 60 during the night; says the measurement of sound will be taken from the property line or at least 75 feet from the source of the sound, and allows exemptions for the Gillespie County Fair Grounds and the FHS Stadium.

With the need to secure more than $6.1 million to fund several projects related to water and sewer, the city in May heard from financial consultant Dan Wegmiller, a senior vice president of Austin-based First Southwest Company. He recommended that the city consider issuing short-term tax notes as a way to pay for the proposed work.

The board voted to allow Wegmiller to negotiate with banks and other financial institutions to get the best rate on the tax notes.

Newly-installed councilman David Pedregon in June suggested that the city address the need for affordable and median-income housing by first establishing a task force.

The city council turned down a request from Habitat for Humanity of Fredericksburg in June to change the R-1 residential zoning ordinance to allow for smaller than 7,500-square-foot lots. Local Habitat officials had asked the city to allow a current lot that it was thinking of buying (at the corner of Park and Santa Rosa streets) to be replatted in such a way as to put three houses on land that, unless a variance was granted, could only hold two dwellings.

City councilmen tried to hammer out an agreement with developers of an affordable housing subdivision in June.

The developer of Barons Crossing, Johnnie B. Long of Timeless Luxury Homes, was requesting a change in zoning from R-2 Mixed Residential to Planned Unit Development at the 9.6-acre site located south of Highway Street and north of Sunrise Street.

The goal of a proposed 91-unit housing development is to provide affordable homes in moderate income levels, but the city was still having trouble working out an agreement with the project builder in July. And with a punch list of doubts still lingering, the city council voted to deny the request.

After a little more than two months since its inception, the Affordable Housing Task Force gave its first report on possible recommendations to the city council in August. According to Councilman Pedregon, who is also a member of the task force, the group’s recommendations fall into three major categories: entity, development and communication.

The committee suggested the creation of a Community Development Corporation that would be called the Fredericksburg Community Foundation.

The issue of affordable housing in the Fredericksburg area was the topic of discussion during a public session of the city’s Affordable Housing Task Force committee on Aug. 28. Approximately 50 people attended, including members of the real estate and building industries. Ninety-seven percent of the Gillespie County Board of Realtors’ membership agreed “that some type of affordable housing is needed.”

The Fredericksburg City Council in September approved a $1.33 million improvement package for the east side of the municipality’s sewer system. J.C. Evans Construction Company bid of $1,328,184 was accepted by the council.

The selected bid was more than $1 million below the projected cost. The city also accepted an alternate bid of $41,210 to upgrade the size of pipe to be used from 24 inches to 27 inches, thus upping the system’s capacity.

Fredericksburg residents were given the opportunity to give their thoughts on the city council’s move to adopt a property tax rate above the Effective Tax Rate. The city proposed a 23.9573-cent per $100 valuation tax rate.

In a 3-2 vote, the city council set the property tax rate for the 2008-2009 fiscal year at 23.5095 cents per $100 valuation, a figure that was five percent above the Effective Tax Rate of 22.39 cents.

The upcoming fiscal year budget reflects a more than $3 million increase over the 2007-2008 budget. Total revenues are expected to be $33,981,100 while expenditures were expected to be $33,590,600.

In an effort to keep Fredericksburg unique, city councilmen in November enacted an ordinance that would ban LED and other changeable electronic signs for businesses anywhere within the city limits as well as the one-mile extended ETJ.

Existing signs in the category were “grandfathered”. For the time being, the board did not ban the use of neon signs by businesses.

At the request of several neighborhood residents, the council decided in November not to consider changes to the land use plan and zoning ordinance for an area in the western part of the municipality.

The location -- all property bordered by Winfred Creek on the north, the city limits on the west, Live Oak Street on the south and South Adams Street on the east -- had been included in a set of proposed changes for discussion during a Planning and Zoning Commission meeting.

The changes, which would have altered the land use plan rating from Low Density Residential to Medium Density Residential and change the single-family residential zoning from R-1 to R-2, would not be included in council discussions on Dec. 1.

It was expected that the change would have had an impact on securing affordable housing within the city.

Realizing they still have many steps ahead of them to encourage the establishment of affordable housing in Fredericksburg, the city council agreed to five changes in the city’s zoning ordinance in December.

The amendments enacted allow for the creation of a new R-1A single family residential zoning district, the reduction of the minimum lot size and front yard setback in R2 zoning, allow permitted uses of townhomes and condos in areas zoned R3, reduce the front yard setbacks in Patio Home Residential zones and let a guest house be built on a lot that is 10,000 square feet or larger in R1 zoning districts.

Schools

A bond improvement package, the possibility of additional tax exemptions for senior and disabled citizens and elections kept the Fredericksburg Independent School District Board of Trustees busy.

It was announced in the newspaper in early February that the Fredericksburg Independent School District Board of Trustees was expected to vote on whether to call a May bond election for just over $4 million in facilities improvements at all FISD campuses. The election would be held May 10 to coincide with regular trustee voting.

Board President Mike Sagebiel said the bond package trustees had been honing during the last few months would not necessitate a tax increase. The big ticket item in the $4,010,000 proposal called for replacement of the heating, ventilating and air conditioning system at Fredericksburg High School.

The $4 million facilities improvement bond election was set up in a unanimous vote by FISD trustees in February. The election was called in order to maximize local use from the money raised.

Passage of the bond would not cause a tax increase, and it was announced that the bond would be structured so that it extended the current bond payoffs an additional three years. Trustees were also saving money by refinancing the current bonds.

A petition to add an additional $60,000 tax exemption for individuals over 65 and disabled taxpayers in the FISD was submitted in February for placement on the May 10 ballot. The call to establish an ad valorem tax exemption would be added to the vote on a $4.1 million facilities improvement package and the election of three FISD trustees.

The petition was submitted by Kermit Sultemeier to Superintendent Marc Williamson, who was in the process of verifying that the document contained at least 226 verifiable signatures.

The FISD trustees called for the issue to be placed on the ballot in March.

Questions about proposals for the $4.1 million facilities improvement school bond and an additional tax exemption for FISD patrons disabled or over age 65 were addressed at a forum on April 17.

A ruling in favor of property values set by the Gillespie Central Appraisal District would benefit the Fredericksburg and Harper independent school districts, it was announced in June.

In a May 16 judgment, Chief Appraiser David Oehler represented both districts against what he termed “a blatant overestimation” of property values by the Texas Comptroller’s Property Tax Division.

The state annually conducts the Property Value Study to estimate the taxable property value in each school district and measure appraisal district performance. The state study determined that in the FISD, properties were under-appraised by $178 million. Oehler’s office disputed that appraisal and an administrative judge agreed.

The FISD board in August voted to propose no change in the tax rate for the 2008-2009 school year. Last year’s rate of $1.1462 would be presented when the board hosted a public hearing on the tax rate and budget on Aug. 25.

Fredericksburg ISD trustees voted to approve a budget and tax rate in August for the coming school year. The tax rate of $1.1462 per $100 valuation is the same as last year, and the $33.1 million budget shows a nine percent increase mainly due to Chapter 41 payments, salaries and fuel increases. Over half of the $2.7 million increase -- $1.4 million -- is in Chapter 41 payments. This year, the FISD will pay $7.3 million of its $33.1 million budget (about 20 percent) in Chapter 41 monies.

Energy cost avoidance for the FISD topped $1.2 million over six years, according to a report submitted to trustees in November by Ned Butler. In 2002, the district partnered with Energy Education, Inc. to curb energy costs. At that time, costs for the next six years were projected to be almost $4.4 million based on school facilities as they existed at that time. Since then, even with increasing energy costs and the addition of several buildings, including the central administration building and a new classroom facility at the high school, actual costs have amounted to approximately $3.2 million.

City, School Elections

Some old faces and some new ones were seated on city and school boards during balloting that took place in May.

Two council seats and the mayor’s position were up for election in 2008 for the Fredericksburg City Council. Jeryl Hoover was completing his first term as mayor, while Dan Mittel and Kevin MacWithey were nearing the end of their terms on the council. Mittel was ineligible for re-election due to term limitations.

After filing closed in March, four individuals were seeking seats on the city council, including Hoover who was running unopposed. Seeking the two council seats were MacWithey (incumbent), David Pedregon, Randy Thompson and Jeff Jeffers.

Filing for six positions on two Gillespie County school boards opened in February for the upcoming May elections, but voters in Harper weren’t going to the polls to elect trustees until later in the year in November.

Up for election were three seats in the FISD and three in the Doss Common Consolidated School District.

Two of the FISD incumbents announced that they would not be seeking re-election, including current president Mike Sagebiel and Tracy Laratta. Incumbent James Hejl announced he would seek a third term.

Doss incumbents included Mitchell Sieckmann, Bradley Baethge and Susan Schaefer.

When filing closed in March, four candidates had signed up to run for three positions of the FISD Board of Trustees, including Hejl (incumbent), Leola Mills, Lorrie Hess and Kay Stech.

In Doss, only the three incumbents -- Sieckmann, Baethge and Schaefer -- filed for their seats, and as a result, no election was needed.

One hundred and sixty-five people voted early in the first two days of balloting in the Fredericksburg City Council election.

Early voters turned out in record numbers on the first two days of early voting on three measures that will affect the FISD. By Tuesday afternoon, 468 voters had cast their ballots.

At the close of early voting, 1,679 people had cast ballots in the FISD election, while 646 votes were cast early in the city election.

In a record turnout, FISD voters went to the polls on May 10 to turn down an extra tax exemption, pass a $4.1 million facilities improvement bond and elect three women to the school board.

Incumbent board member Hejl (1,077 votes) finished fourth behind Leola Mills (1,820 votes), Kay Stech (1,592 votes) and Lorrie Hess (1,186 votes).

The proposed ad valorem tax exemption increase by $60,000 failed with 62.1 percent of the voters deciding against it (1,976-1,248).

A second proposition that passed was the $4.1 million facilities improvement package which will pay for the replacement of the heating and air conditioning system and the roof at the main building at FHS, add several classrooms at the elementary school and other items passed 2,298-877.

In the city election, Pedregon (784 votes) and Jeffers (744 votes) picked up the seats, while MacWithey was third with 653 votes. Hoover ran unopposed for mayor and collected 1,197 votes.

In all, 1,524 residents cast their ballots, which was slightly more than one-fifth of the total number of registered voters (7,229).

Early in-person voting began in October for the first Harper Independent School District Board of Trustees voting in over a year. Nine candidates filed to run for five positions on the board.

Seeking one of three four-year terms were incumbents Juanice Grona and Bartley Parker along with newcomers Morris Harper, Bruce Korbelick and Todd Lashley. Running for two two-year terms were Jason Davis, Robert Reeves, Ross Smith and Cherry Wright.

Five trustees were elected in Harper in November, including incumbents Juanice Grona and Bartley Parker along with newcomers Morris Harper, Cherry Wright and Bob Reeves.

Primary, General

Elections

Primary elections in March and the general election in November drew record numbers of voters to the polls in 2008.

Also on the ballots in March and November were races to determine leaders in Gillespie County.

Battle lines were drawn in early January for two of seven county-level positions that would be filled during the 2008 election process.

Four individuals were seeking the tax assessor-collector seat being vacated by retiring Leola Brodbeck, including Carol Durst, Marissa Weinheimer, Thomas (Tom) Cates and Vicki Schmidt.

Gillespie County Commissioner Precinct 3 incumbent Calvin Ransleben found his seat challenged by David Murray.

Uncontested races included Buddy Mills for Gillespie County Sheriff, Curtis Cameron for County Commissioner Precinct 1, Tammy Schmidt Keener for County Attorney, Mark Tree for Constable Precinct 1 and Warren Ottmers for Constable Precinct 2.

Early voting opened in February for the March 4 Texas Republican and Democratic Primary Elections. All of the local races were on the Republican ballot.

After balloting opened Feb. 19, 259 early in-person ballots were cast at the county clerk’s office for local, district, state and national races, including the U.S. presidency.

A total of 2,243 ballots were cast during early voting that began on Feb. 19. That total included 1,582 Republicans and 661 Democratic ballots.

On the heels of record-breaking early primary voting, Gillespie County Republicans and Democrats knocked the top off the old local political party balloting by casting 7,894 ballots for local, district, state and national candidates. An additional 975 paper ballots were printed for 10 of the county’s 14 precincts with 429 of those used.

A total of 4,360 votes were cast on election day and another 3,534 during early in-person and mail-in balloting. The overall turnout accounted for 46.6 percent of the county’s 17,017 registered voters and easily eclipsed the old primary record of 5,432 votes cast in the 2000 presidential election.

Republican John McCain (3,444 votes) and Democrat Barack Obama (1,067) led local balloting in the presidential race, although Hillary Clinton won in statewide Democratic voting.

In the four-candidate race for Gillespie County Tax Assessor-Collector, headed for a runoff were Mrs. Weinheimer (2,395 votes or 44.2 percent) and Mrs. Schmidt (1,359 votes or 25.1 percent). Other vote getters included Mrs. Durst (1,056) and Cates (612).

Ransleben won his county commission seat over challenger Murray 880-497.

Uncontested races included Mills for sheriff (4,919 votes); Mrs. Keener, county attorney (4,587); Cameron, commissioner precinct one (1,215); Tree, constable, precinct one (2,335) and Ottmers, constable, precinct two (2,206).

For District Judge, Keith Williams (2,813 votes) led in balloting with Joe Davis (856 votes) in second. The two were headed to a run-off.

Doug Miller outpolled incumbent Nathan Macias (3,284-2,153) in Gillespie County for District 73 Representative, while in overall district-wide balloting, Miller had only 38 more votes than Macias (14,681-14,643).

In response to charges of alleged “voter irregularities,” Gillespie County election officials were firm in denying that anything illegal took place on election night voting and subsequent ballot tabulation for the Republican Party District 73 State Representative primary race.

Concerns voiced by Macias supporters, including the San Antonio Toll Party, were demanding a Texas Secretary of State investigation into “possible election fraud” and focused on ballots cast in GOP Precinct 5 at Harper where voting ultimately changed the outcome of the four-county race from a 58-vote Macias lead to a 38-vote Miller victory. The Harper box was the last of 56 polling precincts to report in at the end of a long day of heavy voting across District 73, which includes Comal, Kendall, Bandera and Gillespie counties.

Just after the election and facing a runoff, Davis announced that he would not challenge Williams for the position of 216th District Court Judge. Williams earned 10,740 votes (about 49 percent of nearly 22,000 votes cast during the primary across Bandera, Gillespie, Kendall and Kerr counties). Davis had 5,131 votes (24 percent), while Harold Danford had 4,688 votes and Doyle Weaver got 1,159 votes.

Macias continued to make the news following the election when he petitioned the Texas Republican Party for a recount of the votes cast in the primary election. The recount began March 26.

Early voting began March 31 for political party primary runoff elections. On the ballots for the April 8 runoff elections were two Republican and one Democratic race.

Locally on the Republican ballot, Mrs. Weinheimer and Mrs. Schmidt were in a runoff for tax assessor collector, while Mike Starks and Margaret G. (Peggy) Phillips were in a runoff for precinct four chairman.

On the Democratic ballot were Mark Thompson and Dale Henry for Texas Railroad Commissioner.

By a margin of only 17 votes, Miller appeared to be the winner in the Republican Party recount for the District 73 State Representative seat, it was announced. The apparent outcome of the election was based on a district-wide canvas held in Austin at the Republican Party of Texas headquarters by the State Republican Executive Committee that followed four county recounts held in late March. The final vote tally was 14,684 for Miller and 14,667 for Macias.

Refusing to concede his 17-vote District 73 loss to Miller, Macias announced on March 31 that he was going to court to try for a new Republican Party primary election. Macias filed a civil suit in Comal County’s 207th District Court, naming Miller and the Texas Republican Party Chairman Tina Benkiser as the two defendants.

In announcing his decision, Macias pointed to documents obtained from the Texas Secretary of State which, he claimed, showed that 253 registered voters cast ballots in both the Republican and Democratic primaries on March 4. Voting in both primaries is illegal.

Gillespie County’s next tax assessor-collector was determined on April 8 when Mrs. Weinheimer was elected to a four-year term. In the runoff, she out-polled Mrs. Schmidt 1,173-663 (64 percent) to secure her party’s nomination in the Nov. 4 general election.

The Republican Party of Texas in April denied a request by one-term representative Macias for a second recount of GOP March 4 primary results.

A May 19 trial date was set in New Braunfels to hear Macias’ challenge of the results in the March Republican primary in which he lost by 17 votes. In the suit, Macias claimed the election results invalid due to alleged clerical errors and possible voter fraud.

Macias on May 1 lost a bid to keep a visiting district judge from presiding over the trial. The motion to have District Judge James Clawson of Temple removed from the case was denied in a brief two-sentence ruling by the Texas Third Court of Appeals in Austin.

A legal battle that stretched over two months came to an abrupt end on May 16 when Macias dropped his lawsuit to overturn the outcome of the GOP primary. The announcement came just days before the scheduled start of a trial in New Braunfels in which District Judge Clawson was to hear Macias’ argument that either a new election should be held or that he be declared the winner against Miller for the District 73 Texas House seat.

Macias said he was dropping the lawsuit to devote his remaining resources to election system reform and for the remaining months of his term which will end Dec. 31. Macias also suggested that Clawson would likely have ruled in Miller’s favor.

Judging from the number of mail-in ballot applications received in October at the Gillespie County Clerk’s office, a large turnout was expected Nov. 4 when Texas and the rest of the national participated in the 2008 general election.

According to County Clerk Mary Lynn Rusche, 1,041 requested both by mail ballots had been sent out by her staff since the process began on Sept. 5 while 524 had already been returned.

Early voting in the 2008 general election jumped off to a busy start on Oct. 20 with lines into the county commissioners’ courtroom where balloting was underway at times extending out the courthouse front door.

At the close of the second day of early voting, a total of 1,351 ballots had been cast.

As of Oct. 28, 4,754 ballots had been cast at the courthouse in early balloting while another 1,229 had been sent out by the county clerk’s office to eligible residents interested in voting by mail.

Gillespie County citizens voted in record numbers on Nov. 4, agreeing with the rest of Texas on the 2008 presidential race but not with the majority of U.S. voters who instead chose Democratic Senator Barack Obama over Republican Senator John McCain to succeed Texan George W. Bush as the next resident in the White House.

In all, 12,406 ballots were tabulated on Nov. 4 at 14 locations around the county as well as earlier in the month during mail-in balloting and the Oct. 20-31 early in-person voting.

The overall count amounted to 70.6 percent of Gillespie’s 17,572 eligible voters.

Other winners included seven unopposed Republican candidates for Gillespie County offices, including Mrs. Keener for county attorney (10,189), Mills (replacing retiring Sheriff Milton Jung) for county sheriff (10,359), Mrs. Weinheimer (succeeding retiring Leola Brodbeck) for tax assessor-collector (10,228), Cameron for county commissioner precinct one (2,619), Ransleben for county commissioner precinct three (2,537), Tree for constable precinct one (5,174) and Ottmers for constable precinct two (5,043).

In other races, Miller (R) defeated Daniel Boone (D) (8,939-2,562 here and 57,688-21,592 district wide) for the Texas House District 73 State Representative seat.

Miscellaneous

Gillespie County taxpayers found the property tax payment deadline looming on Jan. 31.

Oral arguments were scheduled later in March before the U.S. Supreme Court for a case in which Gillespie County was named as a defendant in a civil suit. The case -- Rothgery v. Gillespie County, Texas (07-440) -- was accepted by the high court in December and will be heard in an effort to clarify when a suspect taken into custody by police has a right to a lawyer.

A Texas Supreme Court decision involving a Fredericksburg resident figured to play a key role in the responsibility that pet owners have in keeping their dogs from harming others.

The decision delivered on March 28 in Austin qualifies the state’s so-called “first free bite” rule which has allowed dog owners to escape most legal liability if a previously gentle dog attacks someone.

In effect, the unanimous court decision said that pet owners are not freed from the responsibility once a dog attack begins. The decision reversed two lower courts which had ruled that Genevia Bushnell could not sue the owner, Janet Mott, of three dogs that attacked her here in 2001. Mrs. Bushnell was left with wounds on her legs, arms and back that reportedly took more than two years to heal.

The deadline was approaching in June to file a tax appraisal protest with the Gillespie Central Appraisal District.

In an 8-1 decision on June 23, the U.S. Supreme Court ruled against Gillespie County in a civil suit brought by Walter Allen Rothgery, 57, formerly of Fredericksburg and now of Llano, stating that a defendant’s right to counsel begins when he is first brought before a magistrate judge, not when he is actually indicted, as the county had contended.

The case, Rothgery v. Gillespie County, Texas, was remanded back to the 5th Circuit Court of Appeals in Austin for further proceedings. The majority decision, written by Justice David Souter, came three months after the high court heard oral arguments in the case which had been counted on by some to help clarify when a suspect taken into custody by police has a right to a lawyer.

Greg Snelgove announced in October that he was retiring as executive director of the Gillespie County Economic Development Commission, effective Nov. 30, after being selected for the position in 2005. He explained the decision was prompted by the need to attend to unfulfilled responsibilities to his family.

After a month-long delay due primarily to a software problem, property tax notices in Gillespie County were in the mail, it was announced in November.

The Gillespie County Economic Development Commission in December chose Mason native Tim Lehmberg to succeed Greg Snelgrove as executive director.