2011

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THE KINGS OF GAS
by Pete Smyke

6.14.11. Is Jerry Johnson serious when he tells the Alpine City Council that there are various opinions regarding whether South West Texas Municipal Gas Corp. (SWTMG) is subject to the Texas Open Meetings Act (TOMA)? Perhaps the President of the SWTMG Board of Directors should actually read Article II, Section 5 of the corporate by-laws, stating adherence to “Section 551.000, et seq., Texas Government Code Ann.,” also known as the TOMA. (et seq. is a legal abbreviation meaning “and the following.”)

Equally disingenuous is Mayor Johnson's statement that SWTMG is losing money because of lower gas rates and the TXDOT Sidewalk Project. Mayors Johnson and Dunlap have practically made it a mission to undermine or remove almost every money saving practice that former GM Melvin Davis put in place. In addition, Davis had purchased all of the pipe and supplies necessary for gas main replacements related to the TXDOT project before it even began, and was planning to have the majority of the work done by qualified SWTMG employees. The largest projected expense was $102,000, approved b,y the board, for bores and tie-ins. (Substantially less than the $165,000 being paid to Paragon Corp. to complete the project.)

Davis had no qualms about keeping SWTMG in the black at the lower rate of $17.00/mcf. If the mayors wanted SWTMG to continue making money they should have left Mr. Davis in place so he could add to the over $1 million in cash reserves his practices created prior to his termination.

In June of 2010, at the board's direction, Davis prepared a valuation of SWTMG. He looked at the sale of similarly sized gas companies and found that they were valued by revenue per service (meter), not hard assets. Based on those comparisons, he figured a value of $531.00/service for SWTMG. Roughly calculated, Ft. Davis was valued at approximately $199,000, Marfa at $465,000, and Alpine at $915,000.

Is this enough to justify violating the TOMA, misleading city councils, and disregarding corporate rules and by-laws? (Like the provision that the Board of Directors shall elect officers “at its October meeting and at each October meeting thereafter.” Oops!) Our mayors seem to think that SWTMG can count on its insurance carrier to settle any lawsuits that may arise from Board of Directors actions. This is simply naive given their behavior.

When people don't stand up for themselves they participate in their own exploitation. We should be thankful that we have courageous City Council members like Angie Bermudez and Julian Gonzales, who are willing to ask the hard questions and take appropriate actions to safeguard Alpine citizens. We need to support them in their actions so that we don't find out too late that our tax dollars will be spent covering the mistakes of our gas board members, rather than renewing our sewers and paving our streets.

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GAGE-HOLLAND FIRE

5.9.11
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Letter to the Editor – “Reply to Mike Davidson Concerning the SWTMG Minutes”

Dear Mr. Davidson:

A list of grievances; based upon a very thorough review of several minutes of gas company minutes and that's the best you can do? A failure; if so, to attend a class? Is that the reason a bare majority on the Board terminated Mr. Davis? What’s so hard about providing that as a reason to the public – unless that’s not the real reason and they’ve another agenda too outrageous to reveal?

The SWTMG Board has the unmitigated gall to ignore public requests for information and input; while turning a $1,000,000 dollar plus enterprise; produced by Mr. Davis’s competent management – witness the November, 2010 audit – into something the company will struggle to have the funds to pay for the costs of dissolution.

Among other things, at the previous Alpine Council meeting, the City's mayor and one of its representatives on the SWTMG Board REFUSED to answer a simple question about any law suit filed by Melvin Davis. The answer had to be dragged out of him.

This is a reminder; in case Mayor Johnson has not read the City Charter in a while. You're the mayor of a city manager community where the council runs the show. You're not Dan Dunlap and we're only slightly more thankful for that. Get your priorities in order and next time -- listen to your gas company attorney just like you and the Board should have when he said: "Don't fire Mr. Davis."

The citizens of Alpine and their council representatives need to determine exactly who Mayor Johnson (and their other rep on the SWTMG Board) thinks (s)he works for? If Mayor Johnson can’t remember, let me refresh the list: 1) the people of Alpine, Texas. A "public office IS a public trust"; whereas you and your several fellow and gal Dan Dunlap cronies don’t have a clue about your priorities; 2) The City of Alpine; where you were APPOINTED as one of two city reps on the SWTMG Board. In that capacity, you have FAILED to be responsive to your first two employers and haven't kept them informed about the machinations of the Board. This has the potential of bringing a law suit down on your employer’s coffers and answers to legitimate questions have to be dragged out of you (or the SWTMG Board or become the subject of a Freedom of Information request).

Mr. Davidson – based upon a quick read of the minutes provided and the previous paragraph is Mayors Dunlap and Johnson’s your definition of responsive government, too? Given all the adverse publicity generated by the Board since they attempted and succeeded in firing Mr. Davis – exactly what have you done to obtain the information necessary to make an informed decision concerning the matter of dissolution and the ramifications of the SWTMG ignoring their attorney’s advice about firing Mr. Davis? I hope you have the sense to vote to halt dissolution and let an independent examination of the entire matter of the company and the public good the basis for acting.

Finally, Mr. Davidson, you need not be familiar with anything in the lengthy minutes provided by Pete Smyke; but its more than enough circumstantial evidence of a very bad aroma emanating from the SWTMG Board, located somewhere between a criminal conspiracy to gross incompetence. That the County Attorneys of Presidio or Brewster County haven't acted on the TOMA violations is merely the good fortune of what I'd consider lazy or incompetent job by another set of the public’s servants who have failed to act to protect the public good.

In other words, the SWTMG Board has been very, very lucky. But even Louis and Marie's ran-out.

Sincerely yours,
Rev. Barry A. Zavah

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LULAC FILES SUIT
by Jay Valles

6.14.11. The League of United Latin American Citizens has joined in a lawsuit filed against the State of Texas challenging the proposed redistricting map for the United States House of Representatives, the State House of Representatives and the Texas State Board of Education. The purpose of the lawsuit is to insure the four new congressional districts that Texas gained as a result of the 2010 census, which showed a fast growing Hispanic population, could be drawn in a manner that would create four new Latino performing districts. The Mexican American Legislative Caucus originally filed the lawsuit.

LULAC joins the lawsuit by way of intervention. Here is the link to the motion of intervention filed.

Here is the link to the original complaint.

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SPANISH, THE NEW LANGUAGE FOR DISTRICT 74?
by Jay Valles

6.13.11. The new Texas redistricting map will greatly affect many far west Texas candidates. The new map of Pete Gallego’s District 74 will apparently include Maverick County. This could be bad news for a candidate from our area. Eagle Pass, the county seat of Maverick County has been growing exponentially for the last 10 years and now has a population of over 27,000. Almost the same population as Brewster, Jeff Davis, and Presidio counties combined. But that's just the beginning as Maverick County has a total population of over 53,000.

Even though this seems like bad news, for the Hispanic population this could be good news as Maverick County is overwhelming Hispanic. The 2010 census showed the county to be 95.7% Hispanic. However, for a candidate, having a Hispanic surname will probably not be enough to win over these new constituents. Considering the majority of this population is comprised of recent immigrants from Mexico, if you can’t speak Spanish, you’re going to have a hard time.

Get to know your new neighbors - Eagle Pass Chronicles

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FIRE THREATENS ALPINE
by Jay Valles

5.9.11. Another fire threatened Alpine on Sunday. It appears to have started west of Paisano Pass due to a spark from a passing train. All morning and day the winds were from due west pushing the fire and smoke towards Alpine. At about 3pm the fire comes out of the canyon and spills towards the Ramada Inn and the Border Patrol Station and that section of town is evacuated. At my home, besides the smoke, I started to see falling ash. I was concerned enough to get up on my roof with the water hose to wet it down.

Then, the winds begin to change out of the southwest causing the fire to take a northerly turn towards Sunny Glenn. This has officials now evacuating all of Sunny Glenn. The fire moved up as well as around the mountain threatening the new McBride residence and all the houses to the north, but it never crossed to the west side FM 1703 (Sunny Glenn Rd.)

This morning firefighters are expecting to start to fight the fire as it moves down the mountain and begins to threaten the houses in the back of Sunny Glenn as well as the houses along Wagon Rd. Today winds are expected to pick up.

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THE NUMBERS ARE HIGH
by Jay Valles

5.12.11. Early voting is over. Saturday is Election Day. Who would have thought the main issue in this election would be the $22 million school bond, but so far, the Cities of Alpine and Marfa and the Southwest Texas Municipal Gas Company Board have kept the dissolution of the gas company out of voter’s hands. The organized opposition in the school bond might have been unforeseen, but it is definitely making an impact, though I feel a negative one.

The ads are just plain nasty and condescending. I feel some might even be on the edge of racism. Some folks will never understand. Who’ll play into their hands? If you voted, or are going to vote against the bond, because you don’t want you taxes to go up, you probably voted against for the wrong reason. Ray Hendryx even mentioned it in his commentary. The County and the City will need to raise taxes for their projects. They don’t want to compete with a school bond for your taxes. They want to be able to raise taxes as high as possible.

When the issue started, many voters I spoke to had serious concerns about voting for the bond. Opposition appeared to be growing naturally. Then, Ray’s commentary hits the waves and as we saw, it was just the beginning of an organized effort in opposition of the bond. Radio and newspaper ads, lawn signs, and bumper stickers followed, many with a condescending or personal attack. Is this negative campaigning going to inspire new voters for proponents to the polls? Some of the numbers I heard for the early voting might be higher than voted in entire last election. It is reported that there were 1297 early voting ballots cast in the bond issue.

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IT'S GETTING HOT
And I don't mean the fires
by Jay Valles

5.6.11. The bond issue might bring the biggest turnout to the polls in quite some time. I would venture to say that higher numbers at the polls would probably be a positive sign for the proponents of the bond. Nevertheless, the opponents are well organized, spending money on media ads, including radio ads and campaign lawn signs saying “Vote NO!”

I also speculate that the voter base for the proponents is significantly larger than the voting base for the opponents. Will the proponents be able to convince enough of their voting base to get out and vote? Only time and you, the voter, will tell.

What is it that drives the opposition? Sun Tzu might say that is the perfect question to ask if you are to overcome your opponent. One of the answers is older than Tzu himself, put simply; it’s greed and envy. I know proponents want the bond discussion to be about the issues with the current facilities and about the future and about the kids, but for some it’s always going to be about the money, greed. For those, the timing will never be right and the cost will always be too high.

In a commentary in favor of the bond, Mike Perry at the Alpine Daily Plant, referring to opponents, states, “The againers are scared of something, I’m not sure what.” I think everyone knows “what” but nobody wants to talk or write about it, and it’s probably the easiest to commit of the Deadly Sins, envy. It has many faces, like discrimination, but it is the same.

On a side note, I could be wrong , but I think what Mr. Perry meant to say was "agin"ers.

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Ray Hendryx's Commentary

Click here to listen to a replay of Ray Hendryx's commentary on the bond issue.

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THE SHAKING CONTINUES
by Jay Valles

5.4.11. As I’m sure you’ve heard, on 4/28, there was an earthquake that was felt from Sierra Blanca to El Paso. The 4.3 quake was centered 34 miles southwest of Sierra Blanca, just across the border in Mexico. These quakes are continuing. On Monday 5/2, another quake measuring 4.2 hit further southeast in a line along the Rio Grande on the Mexican side of the border.

Two more quakes were detected yesterday, 5/3, both measuring 4.1 on the Richter scale and both continuing in a line down river towards Presidio and Ojinaga, the last of them yesterday only 94 miles from Presidio. Experts keep saying that all these quakes happening all over the world are not related, but how can anyone deny that they are somehow connected.

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BOND 2011

4.26.11. As we continue to navigate through this economic crisis and make difficult sacrifices, our children’s futures must not be compromised. Our students have demonstrated the unique ability to succeed in a diverse learning environment and continue to seek higher educational opportunities upon their graduation from high school. Their successes speak volumes to the level of investment they have received from their families, their teachers, and this community. Our children will continue to need our support, not solely from a financial standpoint, but additionally through wisdom and guidance.

On February 16, the Alpine ISD Board of Trustees voted unanimously to call a bond election for May 14, 2011.  Contents of the school bond package were developed by a 32-member ‘Exploratory Bond Committee’ consisting of parents, local citizens, business leaders and school staff. The committee met over the course of several months, studied the district’s current educational facilities and worked to develop a recommendation to the AISD Board of Trustees for a bond election to address AISD facilities. 

BOND PROPOSAL – Why is it needed?

Construction of a new Alpine High School

Ø      Current Facility:

·        Constructed in 1972, current High School is well beyond the accepted end-of-life timeframe, and is outdated and inefficient.

·        Alpine High School is a pre-engineered building system.  Such systems typically have a 25 year life span.  Alpine High School is entering its 40^th year.

·        Alpine High School has only 20 general classrooms, with a need of at least 4 more.

·        Deficient in areas such as handicap compliance, electrical systems, lighting and air conditioning systems

·        High School facility does not currently comply with state fire and life safety codes.

·        Classroom sizes are below TEA (Texas Education Agency) minimum standards

·        High School facility does not comply with TEA facility requirements for science labs, classrooms, library, building codes, etc.

·        There is no lab available for fine arts instruction.

·        The band hall is undersized and lacks proper storage.

·        Obsolete facilities are more expensive to maintain.

·        Facilities do not currently reflect the value the community places upon our students, and do not reflect a positive image of the District and community.

Construction of a new Softball Field. 

Ø      Current Facility:

·        Alpine ISD does not own a softball field.  We currently use the city field, with limitations on maintenance and improvements which can be made.

Construction of a new Track

Ø      Current Facility:

·        Alpine ISD does not have a track field.  Some of our students practice on the dirt track at Buck Stadium and use make-shift runways for pole vaulting and high jump.  Inadequate facilities increase the possibility of injury and prevent our athletes from performing at their peak.

Construction of a new Football Stadium

Ø      Current Facility:

·        Alpine ISD uses Buck Stadium for Middle School and Junior Varsity games.  Visiting Varsity teams will not play at Buck Stadium because of lighting conditions and unsafe ground conditions.

·        Alpine ISD pays Sul Ross 750 dollars (per game) for the use of Jackson Field.

Our students continue to excel, making the most of their current campus home.  But, they deserve better.  In addition to the essential and obvious benefits of new academic facilities for our High School students, the community would also benefit from the planned facilities.  New athletic facilities would open the door for softball tournaments, track meets, and hosting of play-off games which would provide an influx of visitors, bringing tremendous revenues for our community and local businesses.

 We encourage each voter to examine the information available regarding the tax increase, talk with your school board members and exercise your right to vote when the issue of local school funding comes before you on May 14, 2011.  Above all, be an informed voter.

We thank our community for their continued support of our schools. Alpine ISD truly is West Texas’ premier school district and I assure you, we will continue to maintain our tradition of academic excellence for every student.

Important Note:  For voters over 65 years of age, school taxes will not be raised above their frozen level if the individual has applied for and received the Age 65 Freeze on their homestead.

Early Voting begins May 2 and extends through May 10. Election Day is Saturday, May 14.

For further details about the bond, please log on to www.alpine.esc18.net

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I HATE TO SAY IT
by Jay Valles

4.19.11. I told you so. SWTMG has no intention of listening to reason. Anyone trying to stop the dissolution or even trying to get some answers from the gas board at one of their meetings is wasting their time. It's going to take serious legal action to stop them. Even then, I believe they have no intention of stopping. If the Attorney General is not going to help, then an injunction by a judge might be the only other option.

In the list of names found in a petition, which was circulated against the gas board, I noticed more than one lawyer. Surely one of those lawyers knows what can be done. Why hasn't some sort of legal action been attempted by one of them? I'm quite sure the board has broken more than one law.

The City of Alpine has no vision for what will happen after the dissolution. Fort Davis assets will be sold. Marfa also plans to sell their part to West Texas Gas. Once WTG is in place in Fort Davis and Marfa, they will begin to make life for Alpine's gas customers very difficult in hopes of one day taking over Alpine's share. WTG will also push service into Presidio, all in an attempt to monopolize the area.

Once Alpine begins its gas business, customer base will begin to shrink. It's not like Alpine is in the middle of some sort of growth spurt. I, for one, will switch to propane and I expect others will too. No business can survive without vision. One of the main things being overlooked is simply that the whole is always greater than the sum of the parts.

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ROCK HOUSE FIRE CAUSE DETERMINED
by Jay Valles

4.18.11. Reports are that the Texas State Fire Marshal’s Office, which apparently opened an investigation after being asked by the Marfa Volunteer Fire Department, has determined that the Rock House Fire started in the rock house as a result of an electrical malfunction. Rumors were floating that someone may have been cutting pipe, also that there may have been squatters on the property.

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FIERY QUESTIONS
by Jay Valles

4.13.11. The call rings out, “prosecute them to the fullest extent of the law, that’ll teach them to be careless”. I can hear a faint echo “string’em up”, or an even fainter “off with their heads”. I don’t know that folks would have felt any different if lightning had started the fire. I expect some people would still be looking for someone to blame. “But this fire was caused by careless humans!” Is there any other type? Isn’t human life on this planet is just as natural as a lightning strike?

NASA photo

Sure, there were red flag warnings and county burn bans in effect, but did local officials do enough to get the word out, to educate the public as to the dangers of throwing out lit cigarettes, having an outdoor bar-b-que, or doing work that causes sparks. Should there have been public service radio spots, newspaper ads, even TV spots put out by the local counties that imposed the burn ban? Is it being assumed that everyone should have been aware of the conditions and what could occur? Monday morning armchair quarterbacking is the easiest thing in the world, or , if you prefer, hindsight is always 20/20.

Should an individual’s action be viewed differently than a corporation’s action? Should this fire be seen differently than BP’s oil spill? What about the nuclear disaster in Japan? Was that caused by a Tsunami or by careless humans? Perhaps we should all be prosecuted for electing a governor that would put our State in its current condition. Even better, we should prosecute and incarcerate the Republican Party and its members for making possible the election of such a governor. He’s caused billions in damage. People have lost and are going to loose their jobs and their homes; businesses, even entire communities have and will be affected. What’s more, this damage will last for years to come.

In a few months the scorched earth will turn in to the most beautiful shade of green you have ever seen and the wildlife will return in even greater abundance. I understand this is no consolation for those that lost their homes, but there too, eventually, new structures will appear where the old ones stood. Does incarcerating an individual change any of this? Could these fires have just as easily been started by a spark from the railroad, or a vehicle passing over some overgrown weeds? “Let He Who Is Without Sin Cast The First Stone.”

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THE AFTERMATH

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ANGELA BERMUDEZ RECOGNIZED
by Jay Valles

3.23.11. Angela Bermudez, Council Member for the City of Alpine, and recent water issue hero, achieved the highest level of recognition in the Texas Municipal League Institute-Certified Municipal Official. She was presented the award at the TMLI awards portion of the TML-AMCC Elected Officials' Conference on Sunday, February 8, 2011, in Austin, Texas. This honor is peseented to those individuals who received at least 72 CEU credits of continuing education hours in 2010. This includes a yearly review of the open Meetings and Public Information Act training.

This TMLI program is designed to enhance the leadership and problem-solving capabilities of Texas' elected city officials. Members of the league, which include the City of Alpine, participate in educational sessions regarding legal issues, budgeting, governance, personnel, and more. Elected officals from all over the state attended the event, which was sponsored by both the Texas Municipal League and the Association of Mayors, Councilmembers and Commissioners (AMCC).

The constituents of Ward 1, along with the rest of the residents of Alpine, should be proud to have such a dedicated public servant. I wish her the best of luck in the coming election. Her two opponents for the May 14th election for Ward 1 will be Brian Shugart and Tommie McDaniels.

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DR. RANGRA RESIGNS FROM GAS BOARD
3.22.11

Dear Mayor Johnson:

More than a month ago, (February 07) I raised a question regarding the failure to have regular election of officers of SWTMG Corporation in October 2010 as required under Article IV, section 2 of the Corporation bylaws. After waiting for a couple of days for a response from the management, and having received none, I forwarded my concerns to the Corporation attorney, Bill Fowler, who responded the same day. I believe all of you have a copy of his response.

I fail to understand a deafening silence regarding the ‘legal ramifications of not electing officers in October.’ I am afraid that this infraction on the part of the management could jeopardize all the actions taken by the Board post October 2010. The current management group has the votes to get itself ‘reelected’ as evidenced time and time again. Is it just arrogance or ignorance not to do it correctly, and legally ?! Bill has very clearly pointed out in his communication that "it is good to dot all the Is, and cross all the Ts."

It is obvious that the majority members on the Board have set the gas company on a course that is inimical to the welfare and interests of the gas customers in Alpine, Marfa, Ft. Davis, and adjoining communities.

I have served on the Southwest Texas Municipal Gas Corporation Board since 2004. I am very proud and honored to have served as a President couple of times. We accomplished much during these years. I wish I could say the same about the last several months. Let us say it has not been very ‘healthy.’

I have therefore decided to get off the SWTMGC Board for ‘fresh air.’ Please consider this communication to be my resignation as a Board member.

Sincerely,

Avinash K. Rangra
Member,
Southwest Texas Municipal Gas Corporation Board
March 21, 2011

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A QUICK AND SIMPLE REALITY
by Jay Valles

3.19.11. The Alpine City Council has been vilified, insulted, and threatened because they are fighting for their constituents to keep control of the city’s water. It’s even been suggested that they don’t really know what they are doing. Well, I thank them for standing up and fighting for Alpine residents. Thank God for regular folks!

I don’t think anyone denies that a relationship with a Groundwater Conservation District could be beneficial, but I think the cold and hard reality here is that the current BCGCD has credibility issues, and I’m sorry, but you can’t blame that on Alpine residents or the City Council.

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THE REPUBLICAN SCAM
by Jay Valles

3.16.11. In 2009, while publicly slamming Obama’s stimulus and starting a petition called “No Government Bailouts”, Governor Rick Perry used $6.4 billion of Obama’s Recovery Act money to balance his budget and now he’s going to use an amount not to exceed $3.2 billion from the state’s Economic Stabilization Fund, also known as the Rainy Day Fund, to again help balance his budget.

This creative bookkeeping only serves to carry forward the real problem. It is estimated that the next budget will have a $20 billion shortfall. I wonder how much deeper cuts in education will go? How much deeper will he then reach into the Rainy Day Fund? The Rainy Day fund will be left with over $6 billion.

20 percent of the population controls about 95% of the wealth in the United States. Are these the true Republicans? Republicans should be the smallest political party. Are the rest of you participating in the biggest scam ever because Republican economic policies only directly benefit this 20 percent of the population?

You’d have to believe greed doesn’t exist for trickle-down economics to work. It’s a simple policy to allow for the rich to continue to get richer and the poor to get poorer, it’s called the Status Quo. Family values, please, what a bunch of hypocrites, change, who doesn’t want change, the Tea Party, the blind leading the blind.

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THE CHINA SYNDROME
by Jay Valles

3.13.11. The China Syndrome is the title of a 1979 movie. The movie title came from the hypothetical idea that the core in a reactor meltdown could get so hot that it would melt through the reactor floor and that it would continue down through the Earth’s crust and come out in China. The amount of radiation that would be released in a China Syndrome would certainly affect all life on Earth.

Luckily, it’s just a hypothetical situation, but the real idea is that during a meltdown, we humans have lost complete control of the situation. To say that a meltdown is being controlled is oxymoronic. There is no doubt human life will be affected, there’s no doubt that the Earth itself will be affected. It’s totally unimaginable to me that this comes on the heals of the 5th largest recorded earthquake and the 2nd devastating Tsunami in 7 years.

Nevertheless, time and time again, we human beings prove that we are too young to handle nuclear technology. If we are not purposely trying to kill each other with the technology, we are doing it accidentally. We are so arrogant that the term “nuclear meltdown” is unofficial, neither the International Atomic Energy Agency, nor the U.S. Nuclear Regulatory Commission officially define the term.

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SOMEBODY WAKE UP THAT “VATO GRANDE”
by Jay Valles

3.6.11. I’m sure you’ve seen it all over the Internet and the TV news, according to the 2010 census; Hispanics were the biggest growing sector of the population. You couple that with a study that says Hispanics are more likely to act on an advertisement and you are gonna have a media advertising blitz geared towards Hispanics the likes you have never seen.

Hispanics carry more political power than ever before. I wish I could say wield instead of carry, but I feel at the moment it’s mostly a potential, at least locally. The Declaration of Independence states we have the right to, “Life, Liberty, and the pursuit of Happiness”. I believe participating in the political process, voting, is “the pursuit of Happiness”. Everything else falls under “Life” and “Liberty”. Voting and affecting change may very well be the true American Dream, yet so many of us are guilty of letting it pass us by.

It’s only potential until it’s used, but using it means un-leasing the full power of the Constitution. If you think about it, there’s nothing more powerful in this country. Please vote in the May 14th elections. If you are not registered to vote, click here to register online. It’s quick and easy. April 14th is the last day to register to vote for these elections.

The following is an excerpt from an article in the 2010 Archives.

Hispanics vary so greatly. It’s expected that our ways of thinking also vary greatly. I understand it may not seem fair of me to want us to speak as one. Nevertheless, my point is that if we decide we want to, there is nothing we could not accomplish. Our wants are not so different or extensive; there is room for everyone to be accommodated. No need for any kind of shame or embarrassment either, every single political group gathers for these very reasons. It’s time we gave it a try. The system works for those that utilize it.

This card, this voter registration card is more powerful than any bomb, it can stop any bullet and can overwrite any pen. Its scream can drown out any sound. We just have to use it.

"The Constitution only gives people the right to pursue happiness. You have to catch it yourself." -BEN FRANKLIN

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NEW INTERLOCAL AGREEMENT PROPOSED
by Jay Valles

3.15.11. On Monday, March 14th, the City Council, Mike Davidson not present, had a special meeting with the Brewster County Groundwater Conservation District. The 25-minute meeting, which took place at the Brewster County Courtroom, had the BCGCD proposing a new Interlocal Agreement to the council. The new agreement is now only two pages long. The council agreed to discuss the new agreement at the April, 5th council meeting. The council would then return the day after on the 6th to meet again with the BCGCD for the purpose of accepting or denying the agreement.

Click here to view a copy of the new BCGCD/City Interlocal Agreement.

Towards the end of the meeting, Tom Beard, who drew up the new agreement, stated that the new agreement was only a suggestion and that the BCGCD had not yet acted upon it. A bewildered Angie Bermudez then asked whether there was a document for council to review, or not? The meeting then paused for a moment while the BCGCD voted on accepting the new agreement and proposing it to the council.

Tom Beard also expressed concern that too much time may be passing and remarked that time of current legislative session, which ends May 30th, was running out. The BCGCD also has new language for Pete Gallego and H.B. 1461. I wasn’t clear on whether Pete Gallego was working with the BCGCD to accomplish their goal of having the city’s water controlled by the BCGCD or whether this new language would come to Pete Gallego as a proposal.

The new language for the bill.
H.B. 1461
A BILL TO BE ENTITLED AN ACT
relating to the regulation of certain water wells by the Brewster County Groundwater Conservation District. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTIONA1.AA Subchapter C, Chapter 8827, Special District Local Laws Code, is amended by adding Section 8827.104 to read as follows:
Sec.A8827.104.AA LIMITATION ON RULEMAKING POWER NOT APPLICABLE. Section 36.121, Water Code, will not apply to the district for so long as the City of Alpine, Texas, has at least two members of the Board and no production fees are imposed on any wells in Brewster County. SECTIONA2.AA
This Act takes effect September 1, 2011.

The new language of this bill and the newly proposed Interlocal Agreement still want the City of Alpine to give up protection under current state law for membership in the BCGCD.

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TEXAS WATER CODE
§ 36.121.

LIMITATION ON RULEMAKING POWER OF DISTRICTS OVER WELLS IN CERTAIN COUNTIES. Except as provided by Section 36.117, a district that is created under this chapter on or after September 1, 1991, shall exempt from regulation under this chapter a well and any water produced or to be produced by a well that is located in a county that has a population of 14,000 or less if the water is to be used solely to supply a municipality that has a population of 121,000 or less and the rights to the water produced from the well are owned by a political subdivision that is not a municipality, or by a municipality that has a population of 100,000 or less, and that purchased, owned, or held rights to the water before the date on which the district was created, regardless of the date the well is drilled or the water is produced. The district may not prohibit the political subdivision or municipality from transporting produced water inside or outside the district's boundaries.

3.7.11. If I'm understanding the above correctly, it says that Brewster County Groundwater Conservation District (BCGCD) cannot impose rules on the City of Alpine (a municipality) regarding the production or transport of water. Even on the wells the city has outside the city limits.

H.B. 1461
A BILL TO BE ENTITLED AN ACT
relating to the regulation of certain water wells by the Brewster County Groundwater Conservation District. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTIONA1.AA Subchapter C, Chapter 8827, Special District Local Laws Code, is amended by adding Section 8827.104 to read as follows:
Sec.A8827.104.AA LIMITATION ON RULEMAKING POWER NOT APPLICABLE. Section 36.121, Water Code, does not apply to the district. SECTIONA2.AA
This Act takes effect September 1, 2011.

This would exempt BCGCD from § 36.121 of the Texas Water Code, thus giving them rulemaking power over all the City's water anywhere in the district. Pete Gallego authored and introduced H.B. 1461 to the House on 2.17.11. Everyone should ask why Pete Gallego would introduce a bill that could be so detrimental to the City of Alpine.

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THE TEXAS STATE SENATE ON ABORTION
by Rev. Barry A. Zavah

2.27.11. A column in the Thursday, February 24, 2011 Alpine Avalanche, by our State Senator, Carlos I. Uresti, addressed his and the recent majority vote in the Texas Senate which makes sure women are provided with an opportunity to have the medical information they may need before making the most important decision of their lives -- whether or not to have an abortion. Under Senate Bill 16, women must be given an opportunity to see a sonogram, taken within two hours of the procedure, and listen to any detectable heartbeat." The final Bill is somewhat different than his quoted paragraph, however, the point is almost more than I'm willing to address, without spitting tacks of anger dealing with his and it seems the Texas Legislature's paternal mentality majority attitude. Does anybody think that a woman; having arrived at a point where they've an appointment for an abortion, hadn't agonized for all sorts of well-known reasons?

Abortion isn't a pretty procedure -- agreed. But to come-down on women when at the door of having a pregnancy terminated, the State of Texas couldn't be more intrusive. Those of us old enough to remember what the reality was for most women before Roe v Wade or understand the history of abortion into the 1950/60's, is that it involved the back alley abortionist and all the complications arising from less than sterile procedures. More so, at the door of the procedure itself, stressed as a person is from about to have a medical procedure on top of the stress from all that went into the decision in the first instance, only adds MORE stress to a stressful situation. Excuse me, but "how does that help a person about to have a medical procedure by adding MORE stress?" [I was stressed about a tooth extraction and having that post-55 'male colon test, imagine the level of stress at the point of an abortion!]

Is there another serious medical procedure, be it to deal with a heart condition, remove a gall bladder, a joint replacement, etc, where the doctor is required by legislation to give a lecture about the matter to the extent they're providing "more information"? We're provided a consent form, often noting the doctor/surgeon has reviewed the prospective risks and complications. My last major surgery occurred in 1979, that's what the discussion was about. The reality is that, this isn't about "giving anyone more information -- it is about being against a woman's "right to choose" and him and many others being "Pro-Life" (as we label these matters). Uresti needs to be called-out on that vote of his requiring a woman to see a sonogram and listen to the heart beat! It is a psychologically cruel and inhuman bill, regardless of one's personal stand on the issue of abortion. A woman already knows there is something growing and developing inside of her.

It is time for a "primer" about the constitutional (state or federal) basis of our laws and administrative regulations -- Federal, State or local. Let us assume there is a "legitimate wrong" which needs to be addressed, such as the condition of animal slaughter houses, which if unclean, lead to the spread of disease. A law is drafted, pursuant to either the Federal Governments inherent constitutional powers, such as regulating Interstate Commerce" or a State's inherent authority to deal with matters of health and safety within its borders. The law (remedy) must be narrowly drawn and its impact reasonably able to deal with the problem. Therefore, a law which would ban all people from eating beef; while effectively dealing with the problem of unclean slaughterhouses is unconstitutional, for a whole range of reasons. Foremost among them is it would be akin to killing a fly with a sledge hammer and is overly broad in its scope and impact upon the problem sought to be addressed and/or harm sought to be prevented.

A law, to be found constitutional, must be narrowly drafted. In our example, the law might well require a certain level of standards (age, weight, health) of the steer brought to slaughter, the cleanliness of the facility (bacterial count, amount of foreign particulate or contaminants permitted, the manner in which the product is handled, temperature stored) and regulations enacted to logically and reasonably implement and enforce the law requiring a basic level of cleanliness (such as periodic inspections of the animals, the plant and the hiring and funding of inspectors to do the work). Given that standard, we easily see the sledgehammer/overly broad approach to Uresti's statement and the law before (and perhaps already passed) by our Texas Legislature. At the same time, do not these Conservatives claim as one of their core principles, that of keeping Big Government off the backs of people? It is no less an intrusion when the intrusion comes from Washington, DC or a State's Capital closer to home. Thus, we're able to see beneath the legislative subterfuge and purpose of the measure and it has NOTHING to do with providing information to the woman about the procedure itself.

If there is a "wrong" which legislation must address about the information a woman needs within 2 days of having an abortion, then what's good for the goose MUST be good for the gander. Before ANYONE purchases a beef product at home or in a restaurant from a Texas steer, they've got to watch a 10 minute video of how the animal was treated, what's in the food its served and how it is executed -- along with a bacterial count documenting the cleanliness of the facility its slaughtered, processed and sold at point of purchase. I'd say more people get ill from tainted meat due to unclean slaughterhouses than ask for or need additional medical information at the time of an abortion.

I've got a whole list of "10 minute videos" a person MUST see to before engaging in an activity -- like smoking a cigarette about its foreseeable consequences. Before filing your Federal Tax forms, you've got to watch a 10 minute video on the impact of a drone bomb on a village thought to be a haven for terrorists, but the bomb lands on a completely innocent wedding party. Let's see the video about all the statements made by big corporations which either fact, reality or long suppressed memos have shown to be untrue and bald-faced lies: 1) nicotine is not addictive and cigarettes are harmless, 2) regulations cost jobs, 3) a nuclear power plant is completely safe, 4) the Gulf of Mexico deep-water drilling is completely safe and the industry has established procedures to deal with an oil spill in the event one could ever occur. Let's see the video before voting for an incumbent about how many times the US government has lied to us in just the years since I was born in 1947: 1) Vietnam (including the Gulf of Tonkin Incident, suppressing the truth about the Mai Lai Massacre); Iraq War-II (including "weapons of mass destruction", Saddam's connection with Al Quaida, the Abu Ghraib torture scandal), and so the drum beat continues and we've got the measure designed to inflict emotional pain upon a woman having made the decision to terminate her pregnancy. Let's see the video listing the contributors to a political candidate and the issues he/they support ... and so it goes.

A person urging a Pro-Life position must watch a 15 minute video (5 minutes longer than the average 10 minute variety, because this IS truly important). It focuses on what “life” is like AFTER the child is born as the result of a compelled pregnancy to term. It would feature those voting AGAINST abortion and such as the Bill that Sen. Uresti supported, but thereafter oppose just about anything to do with helping that infant or its family once it arrives on God’s green earth. The next portion of the video would deal with child abuse (frankly, an American epidemic). How would this help anything? Network news of the civil rights marchers having police dogs and water hoses turned on them in Selma, Alabama turned America’s stomach in the direction of civil rights. So did network news; showing the reality of the situation in Vietnam, contrary to the rosy prognostications of the Generals and Administrations of Johnson and Nixon, turning public opinion against the war. Perhaps we need a slew of quick, 10 minute videos documenting the result(s) of the short-sighted, ideologically-based policies advocated by those sitting in our State and Federal legislatures or those filing for elected office at all levels. Shining light on a problem always helps.

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FACTS, FICTION, FEAR, AND FALLACY
by Dr. Avinash Rangra

2.22.11. At its regular meeting on February 15, the Alpine City Council approved the introduction of legislation to repeal section 36.121 of the State of Texas Water Code since it exempts the city of Alpine. It is being contended that section 36.121, also called Craddick exemption (in Brewster County), keeps the Brewster County Groundwater Conservation District(BCGCD) from monitoring Alpine city water production/consumption, which I would argue, is a fiction to create fear psychosis. This canard has been spread like a stinking manure over the last six years that I am aware of.

Section 36.121 does not address this issue at all. The City of Alpine has offered to provide this information to BCGCD without any constraint. There is no reason not to. Question for the readers: How much water did City of Alpine consume/bill in 2010? (See the answer at the end of this letter)

Alpine Avalanche issue of February 17 had the following in parenthesis: Because Alpine is exempt, it can drill new wells abutting various owners’ property lines, and is not bound by production limits or well spacing requirements - unlike every other water well owner in Brewster County. It is not clear if this statement was made by an individual, or it is an editorial.

The following is the complete text of water code section 36.121:
LIMITATION ON RULEMAKING POWER OF DISTRICTS OVER WELLS IN CERTAIN COUNTIES. Except as provided by Section 36.117, a district that is created under this chapter on or after September 1, 1991, shall exempt from regulation under this chapter a well and any water produced or to be produced by a well that is located in a county that has a population of 14,000 or less if the water is to be used solely to supply a municipality that has a population of 121,000 or less and the rights to the water produced from the well are owned by a political subdivision that is not a municipality, or by a municipality that has a population of 100,000 or less, and that purchased, owned, or held rights to the water before the date on which the district was created, regardless of the date the well is drilled or the water is produced. The district may not prohibit the political subdivision or municipality from transporting produced water inside or outside the district’s boundaries. (emphasis added)

I am here to tell that guys at the Texas Water Development Board told us (Chuy, Rod, me, and Tom Brown- the city engineer) when we were in Austin in 2009 to oppose previous avatar of a house/senate bill to do away with section 36.121, that repeal of this section is not beneficial to the citizens of Alpine. Call them. City of El Paso is not currently taking any water out of its Presidio County holdings along Hwy 90 by Valentine-Lobo. I am sure there are lots of reasons, however I would argue that section 36.121 is one big factor. City of Alpine consumed/billed 293 million gallons in 2010 as opposed to 400 million gallons in 2006, based on the data provided by the city staff to Councilperson Angie Bermudez who asked me to analyze the raw information. This information was provided to all City Councilpersons at one of the council meetings a month or two ago

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CANDIDATES TALK, BULLSHIT WALKS
by Jay Valles

2.19.11. Who’s gonna step up? It’s almost election time again. Already filed for re-election are council members Diana Asgiersson and Jim Fitzgerald. In Marfa, Dan Dunlap is expected to file for re-election. There’s been a lot of talk about how these incumbents have acted in office. Will the people show their displeasure and vote them out? Will anyone step up and run against them? Candidates talk and bullshit walks.

Already someone has filed to run against Ward 1 council member Angie Bermudez, one of the few council members, which I feel, diligently works and acts solely for her constituents. Tommie McDaniel has filed as a candidate to run against Angie Bermudez.

We need people that understand that we are in a recession. Belts have to be tightened. We need people that can say the word “no” to spending. We need people to reflect the highest moral standard for our city. We have a city council that appears to have no sense of fiscal responsibility, they simply spend more than they have, city manager included.

I can certainly sympathize with spending hundreds of thousands for a new animal shelter, but during a recession? I feel if someone would have gotten up off his or her chair and looked around, funding could have been found elsewhere for this project. What’s more, I dare say that someone could have simply said “no” to this project, at least for now.

The city council has squandered their budget, taken money from SWTMG (which I believe to be illegal), and now when it seems the jig is up, they want to dissolve and sell or take over SWTMG. If the spending continues you can be sure everyone’s water, garbage, sewer, and tax rates will continue to go up. The voters will decide, so get out and vote. If you are not registered to vote, click here to register online. It’s quick and easy.

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SOUTHWEST TEXAS MUNICIPAL GAS COMPANY
The complaints to the Attorney General
by Jay Valles

2.15.11. I feel I should pass on this bit of information so that everyone becomes aware that our work has not gone without notice. I faxed my complaint form to the Attorney General’s office last year, and since, I've known there have been others that have sent theirs. Someone at the AG’s office has looked at our case. To what extent, I really don’t know, but I know for sure someone over there has done more that just read the complaints.

I feel it’s more important than ever to continue sending complaints. If you haven’t yet sent in a complaint, please do, you don’t have to be a gas customer, any citizen should if you feel your city council is in the wrong. Ask your neighbor if they have already sent in their complaint. Print out a copy and give it to someone you know. You can be sure the Attorney General’s office has created a file in this matter and every complaint that is sent will add a couple more pages to this file. Even as we proceed with sending complaints, we should not assume this process will work and so we should also continue with local efforts.

Its not as easy as it seems to get involved in your community, to become politically active, to do more than just voice your opinion, to do more than simply vote. What’s the biggest reason we give? We just don’t have enough time, and mostly, it’s legitimate. Making the decision to miss a city council meeting in order to spend time with my kids is an easy one for me, but, for the same reason, I make time and sacrifice other things to help fight the good fight. Sometimes its easy to see the struggle, other times a family member, friend, or neighbor has to reveal it to me.

Download the complaint form to the Attorney General here. It can easily be faxed back to the AG. It is a simple 2-page form. If you can be specific, that's great, if you can't, don't worry, write what you know. The important thing is to continue to add to the file. Get more info here.

A case might also be made in a complaint to the Texas Railroad Commission. They would mainly be concerned with the buying and selling aspect of the natural gas business. Possibly whether the markup is too much? Get more info here.
Filing complaints to both the AG's office and the Railroad Commission can only help. If this option is to work, many complaints need to be filed. Remember, it's the squeaky wheel that gets the oil.

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THE RANCH IS DEAD
by Jay Valles

2.6.11. A ranch used to be worked by a family. Everyone had their part and it took everyone doing their part for it to work. It was a way of life. I know for a fact that still exists, but mostly, that is not the case anymore. Families took pride in raising cattle and tending the land, and of course they worked to make money, but wouldn’t take a handout from anyone. There was no concept of welfare.

Now it’s an incorporated business possibly owned by some "holding" company, it’s no longer about family units or cattle raising or tending the land. Now, it’s a real estate business, giving birth to a new term, hobby rancher. These hobby ranchers have taken property values for ranches into the hundreds and even thousands per acre.

Tenders of the land they are not. Some of them bring exotic animals onto their ranches not really knowing how it can affect the ecosystem, possibly affecting other animals like the Pronghorn. Some simply raise cattle for the aesthetic value. They build extravagant homes; do improvements like ponds, lakes and running water, anything to boost the property value.

All this while they take agricultural exemptions that allow them to pay lower property tax rates than people that live in town. Oh, and they have no compunction about accepting charity and welfare. They take advantage of all kinds of government programs and subsidies, like the USDA Farm Service Agency’s Disaster Assistance Program for those affected by the cold, or ice and snowfall. That’s right, the government (that’s us taxpayers), pays for cattle losses due to the weather. The rest of us have something similar, its called insurance, and it’s far from free, as monthly premiums attest to. By the way, I like that term "subsidies"; it’s the rich man's term for welfare.

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MORAL HAZARD
by Jay Valles

1.31.11. These two words could be the term of our generation. It was an insurance term but I feel it has come to represent bad things perpetrated upon the masses by the few in power. It almost reads like one of Murphy’s Laws, if it can be done to us, they’ll do it to us.

The SWTMG Board recently appointed Randy Guzman as interim Manager. Apparently the only gas experience Mr. Guzman has is the three years he’s been with SWTMG, one of which he spent away on Workman’s Comp. It appears the Board bypassed the ranking SWTMG employee David Avila, a man with 16 years experience with Del Rio’s gas company, whom Mr. Guzman promptly demoted to Service Worker III.

Does Mr. Guzman have the proper experience to run SWTMG, or is this just somebody the Board can control and manipulate? Does his appointment continue to place our community in jeopardy? Does his appointment continue to show the contempt the board has for the community?

Moral Hazard – the risk incurred by our community due to the lack of honesty and/or prudence among SWTMG Board members. This creates a very real safety hazard for the communities of Alpine, Marfa, and Fort Davis.

Republican Governor Rick Perry, during his rein, has taken in over $100 million for his campaign treasure chest and in the process takes our State 100 years back into the good-ole-boy era, all this while he slashes education and healthcare. If you contribute, you get appointments and/or state contracts. Not qualified, no problem. A Democrat, Judge Val Beard, whose held her seat as a Democrat for almost 20 years, and her husband, gave Governor Rick Perry $25,000, for which they received multiple appointments, apparently one for each of them.

Click here to view a report on the Governor's appointments and contributions.

Moral Hazard – the risk incurred by constituents due to the lack of honesty and/or prudence among our elected officials. At least during the time Judge Val Beard has been in office, about 97% of her and her husband’s political contributions have gone to the Republicans, a minimum of about $75,000.

Because of the current state of our State, Alpine public schools, including Sul Ross, will lose millions of dollars of funding. This places our community in very real danger. Even though we were decieved, in the end we voted these people in, so we can just as easily fix the problem.

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FENCES AND GATES
by Jay Valles

1.28.11. The Pronghorn or Antelope (actually they are not Antelope) are disappearing from our area, why? Estimates put the number of Pronghorn in our region at less than 5000 head. A local group is currently raising money in an effort to begin a project to restore the dwindling population. They want to bring Pronghorn from the panhandle and release them here. If the reason for the die-off is not clear, how can the project assume they can protect the newly released Pronghorn?

Pronghorn, the fastest mammal on foot in the Western Hemisphere, need a tremendous amount of open space. They can sprint at 60 miles an hour and/or hold a sustained run at 45 miles per hour, a feat I’ve witnessed with awe on many occasions. They can roam as much as 10-15 miles in a day.

While there is possibly some scientific or biological reason for the drop in Pronghorn population, I feel the answer may be a simple one, fences and gates. Pronghorn do not jump like deer. A five-foot wire fence is no problem for a deer but a Pronghorn cannot jump such a fence.

For many years, the only thing blocking an entrance to a ranch or pasture was a cattle guard. If there were a gate, it would generally be a light gate made of aluminum or round tubing and, depending on how it was hung; the Pronghorn could go under, if not just right through the gate itself. Even more, there was a time a fence consisted of 4 stings of barbed wire, which Pronghorn could generally walk through.

Today’s wire fences come with 4x4 inch squares that become even smaller as the fence drops to the ground. Often, as ranches get passed down, they also get split into smaller ranches, which then creates more fences. Today, many ranch entrances utilize coded solar-electric gates made of square tubing and mesh wire. Some fences and gates are so secure, not even a rabbit could get through.

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THE U.S.; THE BIGGEST NOSE ON THE BLOCK
by Jay Valles

1.18.11. In 2010 in Mexico, there was a drug related death once about every 40 minutes, a staggering total of 12,658 people killed. Cartels are fighting against rival cartels; the Mexican government is fighting the cartels, and everyone else is caught in the crossfire. Many cities have become literal war zones, Juarez being at the top of the list with almost 3000 deaths in 2010. The hard truth is that we, the United States, are to blame. The drug war in Mexico is literally a fight over the routes utilized by the cartels to supply drugs to the United States, marijuana, cocaine, and heroin being the main contraband. The war on drugs has never been larger or more real because the Mexican government has never been more dedicated to this fight.

Things are really getting ugly, even macabre. When I read the truly unbelievable ways in which people are being killed, I just can’t help think that the devil and his demons are loose down there. I have to think that because the alternative is that human beings are doing these things to each other. What’s more, this isn’t just bad people doing things to other bad people, many innocent people, including many children, become collateral victims. The economic hardships are bad enough, throw this violence on top and you’ve got no choice but to head north, it’s a primordial reflex for survival. Surely everyone can understand that, because unless you’re Native American, your family too came from somewhere else, probably fleeing religious or economic oppression or some type of violence.

And today, Mexico suffers through all this violence in order to supply 30-40 million U.S. drug users. Who really knows, the numbers might even be higher as studies only manage to capture population segments. The amount of money spent by these 30-40 million users on drugs is certainly in the 10s of billions of dollars. Is legalization the answer? I don’t know, but I think we’ve tried throwing money at it long enough why not try the reverse and bring in money instead. Would even that work? There is not a single country in the world that has legalized the production and transportation of illicit drugs so how could that work? The most some countries have done is decriminalize the possession and use of some of these drugs. Is the U.S. going to be the first country to legalize drugs? Would we then become the supplier to the rest of the world?

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FROM NATURAL GAS TO PROPANE, ITS EASY
by Jay Valles

1.16.11. No other company, or even the Alpine city council, if they decide to try and run the gas company as a city utility, should assume they would be as supported as SWTMG was as a whole. Does our current city council really think they can operate a gas delivery company? Does anyone believe they can? Does anyone want to find out? As I’ve stated before, I’ll go propane before supporting any other option.

I think it’s important to show how easy it is to convert from natural gas to propane and therefore show how easy it is for financial support to go from natural gas to propane. If I had a propane company, I would be jumping all over this, running ads telling how easy it is to convert from natural gas to propane, offering incentives, etc.

It is easy for the homeowner to perform the conversion from natural gas to propane. It does not require a licensed professional or contractor. With many, many appliances, a simple adjustment is all that is required. I’ve put together a handful of website links that describe the process for some of the situations.

DavesRepair.com
ehow.com
Propane101.com
PremiereRange.com

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WE HAVE JUST BEGUN TO FIGHT!
by Jay Valles

1.15.11. Apparently Mike Perry over at the Alpine Daily Planet is ready to throw in the towel. Anyone else? In the Avalanche, Rod Ponton is quoted as quoting Dan Dunlap as saying “The time has come to put this three-headed monster to bed.” (Is that proper reporting? Well, I guess it’s not a trial, yet). The Marfa city council is broke. Like a strung-out junkie asking you for $5, telling you a story about how they need it for gasoline, they will say anything to make this sale happen. Alpine city council is not far behind, spending more than they have, taking surplus money from Southwest Texas Municipal Gas Company as if it were profits they were entitled to (Isn’t that illegal? What kind of counseling are they getting over there?), and now that the cat is out of the bag, the Alpine city council too is ready to dissolve SWTMG.

Is it really proper for city attorney Rod Ponton to be writing letters to the editor and making comments to the media about what he feels should happen to SWTMG? It’s not illegal but it sure looks wrong. He keeps stating that SWTMG was founded with the idea that it would one day be dissolved and assets split between Marfa and Alpine. I’m not sure about that, but I am sure that is not what SWTMG has evolved into. I feel it has evolved into something the community can be proud of, a company that can provide a service to the community far beyond the delivery of natural gas. As many of us feel, it has become something worth fighting for.

I certainly am not ready to throw in the towel and I don’t think many others are either. As a matter of fact, we have just begun to fight. It is my hope that this issue becomes the main issue in the next couple of city elections and I will do everything in my power to keep the issue in the forefront. Those opposed to the current city council and SWTMG board need to unite. Together we could pool resources to fight the "three-headed monster" with radio and newspaper ads, especially during the elections. However, if citizens are to vote on the sale, then perhaps a campaign against the sale needs to start now. Because of their handling of SWTMG, I feel City Council members Mike Davidson, Diana Asgeirsson and Jim “Fitz” Fitzgerald along with Mayor Jerry Johnson need to be voted out when their terms are over (if not possibly sooner). Our city manager needs to be replaced. All, except maybe one, SWTMG board members should resign, especially if you have put your status as a local citizen above your status as a SWTMG board member.

Many supporters of the sale of SWTMG use the lame excuse that gas prices are too high and some other for-profit company will give us better rates. Who really believes that? Let’s see, a for-profit company like WTG in a monopoly situation, nooo they wouldn’t raise rates on us. If you really believe WTG has your best interest at heart, I've got some ocean-front property here in Brewster County to sell to to you. Come on folks, that is the very reason WTG is so interested in buying SWTMG. Hell, they may even want us to subsidize rate decreases for their own local citizens. Sure, I’d like to see my gas bill as low as possible. If SWTMG could lower my rate, I’d be very happy, but I’m also ready to pay a higher rate to a company that is locally owned, provides jobs to my friends and neighbors, and supports our other local non-profits. This is a company that directly and positively affects our local economy. Because we live out here in West Texas our cost of living is low enough to allow for supporting a company like SWTMG. Personally, I'll go propane before supporting some other option. If you sell out, you will get what you deserve!

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GASSED UP
Part III
by Jay Valles

8.13.11. Whether the dissolution of the gas company is right or wrong is irrelevant now. The way in which it has been handled is what is at question. The way in which the gas company board has operated in the last year or so is also in question. Answers to questions have been withheld. Why? Why was Melvin fired? What is the reason for the dissolution? Diana Asgeirsson writes in a letter to the editor of the Alpine Daily Planet that the dissolution was Dr. Rangra’s idea. When did she become so gung-ho about something Dr. Rangra wants to do?

That same letter starts with, “I am sooo sick of letters to the editor from Pete Smyke”, and “motions made by Bermudez or Gonzales, which means motions prepared by Avinash Ranga”. First of all, that last statement shows a tremendous lack of respect for fellow council members as well as their constituents. You see, council members do not work for the City of Alpine, they work and serve for their constituents, which has, of course, elected them. Any elected official that cannot handle, or even comments negatively on citizen participation, has no business being in office.

Second, I think councilperson Diana has mistaken a non-contested election for some sort of mandate, putting aside respect and class. But, most of all, I think what we are witnessing is a breakdown which results from a faction losing majority control. The dissolution should be stopped simply and only because there is a hint of impropriety. That should be more than enough.

Any council member or gas company board member that has been actively trying to dissolve the gas company should resign, so too any board member that was involved in the firing of Melvin as well as the management take-over of the gas company. That should also include the city attorney. Anything less would make me sooo sick.

Here's a link to the letter in the Alpine Daily Planet

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THERE BE WHALES
by Jay Valles

UPDATE: 8.19.11. Mother Grey whale dies on Aug. 16th.

I was saddened to hear of the death of the whale that gave us so much joy on our vacation. From reports: "In a ceremony screened by tall willows, the Yurok Tribe on Tuesday laid to rest a 45-foot gray whale that had delighted residents, passers-by and scientists after swimming into the lower Klamath River with its calf nearly two months ago.

With scientists by its side, the whale died at about 4 a.m. after beaching itself on the northern bank of the river."

No one knows why she swam up river or why she remained when her calf swam back to sea. Efforts to drive her back to sea would not work. They even tried killer whale calls played upriver. Some biologist think it was killer whales that drove her upriver with her calf.

Original story; 8.7.11. I shot this video in mid-July. It is off the coast of northern California, on the banks of the Klamath River in Redwood National Park. It is a mother Grey whale and her calf. She's about 45 feet and the calf is about 25 feet long. They swam up river the first days of August.

People had been waiting around for over and hour when we got to the small bridge. A small crowd of less than 100 people had gathered to see the whales, but, the whales were staying just down river, right off the bank, hidden by the thick trees. After we had been there close to an hour, people started to leave. There were only 3 or 4 other people when she finally decided to show herself. When that eye comes above the surface of the water, you know it's looking at you. What is it thinking? Is it trying to communicate? I've got a million questions.

Last week the calf swam back to the ocean, but the mom is still up river. Biologist have been trying to coax her back to sea but have not been able to get her to swim down river to the ocean, which is less than a mile away. There is concern that the mother cannot get enough food in fresh water.

This video above may take a few minutes to download. Thanks! Below is a google map of the Klamath River area.
View Larger Map

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Letter to the editor from Pete Smyke

Dear Editor,

I've never heard the $3 million dollar figure that Jim Fitzgerald is throwing around, but it's common knowledge that Melvin Davis took South West Texas Municipal Gas Corporation (SWTMG) from being over a million dollars in debt to having a surplus of close to that same amount in four years. It's also a fact that what former Mayor Clouse calls "revenue sharing" was money taken from SWTMG by the two cities (read former Mayors), without board authorization and before yearly corporate audits. Why use that money to maintain the gas system when it can make the mayors look good?

Since personal attacks are back it must mean that the corruption on the gas board is close to being brought into sunlight. It's also interesting that Mr. Fitzgerald's attempt at revising the facts coincides with the Gas Board stonewalling a TPIA request (31 business days and counting!) seeking disclosure of the Paragon Corp. contract for work replacing gas mains. Did Paragon Corp. get a "sweetheart" deal? Stay tuned!

The real question at hand is whether a small group of unethical, greedy board members can destroy one of our strongest economic engines while disregarding state laws and regulations they deem inconvenient. No reason for dissolution has ever been given and no other "reorganization" options have ever been considered. Simply put, a "certain element" on the gas board wants to kill SWTMG and divide the spoils because they feel entitled.

Opposing the theft of this public resource is a defense of our foundational values of justice and fairness. Our officials are accountable to us (and the law) for their actions, good, bad, and ugly. Using a smokescreen to try and revise established facts is an insult to every taxpayer, gas customer and voter. It is a cheap substitute for the honest community dialogue that is finally occurring thanks to the courageous efforts of certain Alpine City Council members. Mr. Fitzgerald, you've called me a liar, based on just two conversations with folks who have not had anything to do with SWTMG in several years. I expect a public apology.

I have been closely following SWTMG issues for well over a year and have honestly reported my observations to the public. I clearly have my point of view, but it is based on having been to, and taken notes at, almost every gas board meeting since February 2010. In addition I have obtained and analyzed numerous gas company documents and CD's of board meetings through the TPIA process. I have reviewed years worth of gas board meeting minutes and financial data, and have had numerous conversations with SWTMG employees and board members, city council members, local media, and other interested parties.

I have researched and filed a seven page complaint to the Texas Attorney General, written numerous fact-based letters to the editor, and spent months researching and writing a time-line of SWTMG Board of Directors actions, covering January 2008-May 2011. It reveals the development of brazen patterns of disregard for corporate and state regulations, the decline of the corporation and its earning power, and a dysfunctional decision making process in which the public interest is barely an afterthought. (Mostly occurring in the last year and a half.)

All of this has been done while running a full time small business because justice for our communities demands it. Everyone is entitled to their own opinion, but the facts regarding SWTMG are well known and accepted. The issue now is whether or not we allow an injustice against our communities, or if we stop it.

Sincerely,
Peter A. Smyke

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Texas governor signs anti-SLAPP bill into law

Texans sued for exercising their First Amendment rights now have a quick way to dismiss such lawsuits after the state’s governor signed an anti-SLAPP bill into law on Friday.

The law, known as the Citizens Participation Act, affords broad protections to parties who are targeted by SLAPPs, or strategic lawsuits against public participation. The lawsuits are usually brought in retaliation for someone exercising his or her freedom of speech. The goal is not necessarily to win the suit, but to intimidate and silence critics.

The new statute is designed to protect the free speech rights of Texans while culling together some of the best concepts from other state anti-SLAPP laws, said Laura Prather, an Austin, Texas, media lawyer who led the coalition behind the legislation. Read More...

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2012, THE END, OR A NEW BEGINNING?
by Jay Valles

6.20.11. Fires, drought, flooding, hurricanes, tornados, earthquakes, tsunamis, volcanoes, famine, pestilence and war are all found in the news today. Is it supposed to mean something? Are these signs, which we should be heeding? I think every generation since the death of Jesus Christ has felt they were the ones that were experiencing the apocalypse, but after 200 generations are we the ones?

Today, I think there isn’t a single person that doesn’t know that the Mayan calendar ends on the winter solstice December 21, 2012. But, does it mean anything? It may be hard to swallow the beliefs of an ancient and different culture, but do you believe in the bible? If you do, then you have to believe in the Revelations, which contains very dark predictions for the fate of humanity.

Do you believe in science? We have recently learned that our planet goes through pole shifts every 13,000 years and we happen to be coming to the end of one those cycles in 2012. This complete cycle, which lasts 26,000 years, is called the procession of the equinoxes.

As the Earth rotates it also wobbles to one side and then the other, and this cycle is what takes 26,000 years to complete. The million-dollar question though, is what actually happens when the poles shift? Will it mean the end of life, or does the calendar simply start over again? Is it the end, or a new beginning?

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THE TRIAL OF THE CENTURY
by Jay Valles

6.13.11. The OJ Simpson trial may have been the trial of the last century, but the Casey Anthony trial is certainly the trial of this century. We were on vacation in Orlando in the summer of 2008 when the search for Caylee was in full force. Of course the case was constantly on every channel of the TV. I’ve been following the case ever since. The trial in Orlando, now beginning its third week, has become quite the spectacle. People line up after midnight to try and be one of the 50 selected to enter the Orange County courtroom in the morning. There’s been skirmishes and trampling as people rush into the courtroom to try and get a good seat.

The ability and willingness of someone to lie has always fascinated me. Most of us can’t get away with lying because we find it hard to believe our own lies and it becomes hard for us to go into any amount of detail and keep our story straight. However, Casey was able to go into great detail with her lies. She also appeared to whole-heartedly believe her own lies and this simply threw off investigators in the first months of the case. Even after investigators finally realized she had been lying about everything and they bring her in for questioning and tell her flat out that they now know she had lied about everything and that they felt Caylee was dead, she states she had talked with Caylee the day before and was even specific about what they had talked about. It simply blows my mind.

As Casey faces the death penalty, the testimonies over the last two weeks seem extremely damning. At this point, I feel her defense team should be trying to save her life by attempting to cut and deal and get her to confess. Although I do believe that the prosecution has taken all deals off the table. When jury selection began, I really felt Casey would not actually be able to go through with a trial. She seemed extremely emotional. But now, I feel if she is found guilty, we may never know exactly what happened to little Caylee. One thing for sure, when this trial is over, this case will become a new study in human behavior.

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I USE iCALL
by Jay Valles

6.15.11. Yesterday, Verizon was down for close to 8 hours. It was a rare outage but it does happen from time to time. If you're like me, I have Internet at home via DSL but I no longer have a landline. As a backup, I’ve tried a couple of services that allow you to place calls from your computer, but most all, including Skype, charge a few dollars a month to place calls to landlines and mobile phones.

I recently tried the software from iCall.com. Their free service allows calls to any U.S. phone number, landline or mobile phone. On the free service there is a 5-minute limit per call and you have to listen to one 30-second advertisement, but the service works very well. I was able to easily call local landlines and was also able to check my cell phone’s voicemail. Call clarity is indistinguishable to that of landlines and cell phones.

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Firefighting Helicopters Refilling
It took less than a minute to fill and less than 5 minutes for them to return to refill. After starting early Monday morning, they pretty much had the fire under control by 1pm. Of course what I couldn't see, was all the firefighters on the ground on the other side of the mountain.

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THE SCHOOL BOND IS DEFEATED
by Jay Valles

5.15.11. The numbers totally surprised me. 261 in favor, 1550 against.

One of the main reasons I’ve heard for the defeat is the plans were too extravagant. Where were you folks when the city decided to build a million dollar home for unwanted animals, and when the county wanted to build a brand new Justice Center in the dying town of Marathon, or when the county and city wanted to build a new library, or when the city decided to go into the gas business, or when the county wanted to build 2 new fire stations. And they have more plans for tax hikes and more projects for those tax dollars.

Alpine is supposedly mostly Democratic, but we vote in a County Judge who financially supports the Republican Party and then we allow our local governments to spend tax dollars on all of the above and more. We then cut out an opportunity to give funding to our public schools. Did I just define the Republican Party? I wrote about many arguments against the bond, but I only needed one reason to vote in favor, I’m a Democrat.

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Rock House Fire

5.11.11. It's been a little over a month later and almost 500 square miles burned, that's half the size of the state of Rhode Island. On 5/9/11, the Forest Service still listed the fire as 95% contained.

Open Full Screen

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WHAT'S IT GOING TO TAKE?
by Jay Valles

UPDATE: 4.29.11. Not only is KVLF “The Voice of The Last Frontier”, but it also serves as the Voice for the powers that be. Have the powers that be spoken regarding the school board bond issue? I actually agree with some of the points made in Ray Hendryx’s commentary regarding the bond issue, but I felt it was very condescending. I dare say, it might have even had certain undertones I did not like, and because of this, I feel the commentary has lost all credibility. If you are for the bond, you now know what you’re up against, and as you heard, they don’t mess around.

4.28.11. Because of Gov. Rick Perry, Alpine ISD alone will have to deal with projected cuts of more than $1 million for the 2011-2012 school year. It will not be easy justifying spending $22 million to build a new school and sports facilities when $1 million in cuts will have to be made in either academics or sports or both at all the campuses.

Is the timing of this Bond going to be an issue? It’s going to be up to you, the voter, so get out and vote. An issue that bothers me a great deal is the apparent unfairness in the current property tax structure. The richest and most valuable properties in our district, area ranches, are paying considerably smaller tax rates than anyone in town.

One of the ranch properties owned by Mo Morrow has a 2010 market value of $3.6 million on which taxes assessed was $7,581, a rate of .002%. One of the properties owned by Robert Soza, the building in which you will find his pharmacy as well as other businesses such as the cleaners, has a 2010 value of $321,316. Taxes assessed on this property were $7,227, a rate of .02%. That’s a rate 10 times higher than was assessed on the Morrow property. Why?

Ranchers take agricultural exemptions that allow them to pay lower property taxes than people that live in town. Oh, and they have no compunction about accepting charity and welfare. They take advantage of all kinds of government programs and subsidies (the rich man’s word for welfare), like the USDA Farm Service Agency’s Disaster Assistance Program for those affected by the cold, or ice, or fire. That’s right, the government, that’s us taxpayers, will pay for cattle losses due to the fires. The rest of us have something similar, its called insurance, and it’s far from free, as monthly premiums attest to.

All this being said, what’s it going to take for the Bond to pass? Simply, new voters will have to be convinced. The current campaign will most likely not be enough. It will take personal convincing. If you are for the bond, talk to your friends and neighbors. 18 to 25 year-olds need to become convinced to go vote. You’d be surprised how few people get out and vote. If new voters show up to the polls, the Bond will have a good chance of passing.

What the Superintendent and the Board could also do would be to show and begin to execute their plan for $1 million in cuts. This would go a long way in assuring the public that fiscal responsibility is being met.

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LA ENTRADA CONTINUES TO GROW
by Jay Valles

4.20.11. The State of Texas, along with the City of Alpine, may still think La Entrada is dead but it never died. It’s alive and stronger than ever. Not only is the highway from Ojinaga to Los Mochis mostly complete, the sections that have lay incomplete for almost two years are now being worked on. The Governor of the State of Chihuahua is also proposing a new bridge in Ojinaga to handle the increased truck traffic that will soon begin to flow. A little over a year ago, the Port in Presidio was expanded in the anticipation of the completed highway.

This Chihuahua governor, Cesar Duarte, is very serious about finishing this highway project, but, the surprise here is that he has recently allocated an extra $80 million dollars to initiate the first leg of a brand new highway between Juarez and Monterrey, the first leg being from Juarez to Ojinaga. When completed, trucks will be able to travel along the border from Juarez to Ojinaga in about 2 hours.

For Alpine, this might only mean lots more traffic, but for the border this might also mean increased drug traffic. This might mean the expansion of the drug cartels into Ojinaga. This would bring a huge amount of traffic to a part of the border that is basically unprotected, at least currently.

In Texas, highways and roads are not built with the attitude that “if we build it, they will come”, highways and roads are expanded and built according to traffic trends. The State of Texas made a big mistake in coming up with their La Entrada campaign because citizens believed that they could simply campaign against it and that would be enough to kill it. The reality is that no one on this side of the border is in control of La Entrada.

Click here to read archived article "LA ENTRADA IS DEAD!"
Click here to read archived article "TO PLAN OR NOT TO PLAN"
Click here to read archived article "TOPOLOBAMPO, CHIHUAHUA'S NEW PORT"

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SWTMG VIOLATES TOMA
by Pete Smyke

4.19.11. At the beginning of the South West Texas Municipal Gas Corporation Board of Director's meeting on Monday, April 18, 2011, it was ascertained that a quorum of board members was present and the meeting proceeded. During this meeting, the employees of South West Texas Municipal Gas Corp. (SWTMG) attempted to discuss a list of questions that they had formulated for the board regarding their future, given that efforts are underway to dissolve the SWTMG corporation. Board President Jerry Johnson insisted that the employess could not be heard because they were not listed on the posted meeting agenda. This notion of only addressing items posted on the agenda is in keeping with the requirements of the Texas Open Meetings Act (TOMA.)

Board President (and Alpine Mayor) Jerry Johnson, with the agreement of the other board members, told the SWTMG employees that the board would meet with the employees to discuss their questions when the regular meeting was concluded. When the posted agenda for the April 18, 2011 meeting was completed and the Board of Director's meeting adjourned, the room was cleared except for the board members and the SWTMG employees, and the meeting between the employees and the SWTMG Board of Directors proceeded.

Because a quorum of the Board of Directors was present at the meeting with the employees, and this meeting was not publicly posted as to content or time and place, this second Board of Directors meeting on April 18, 2011, appears to be a direct violation of the requirements of the Texas Open Meetings Act.

The SWTMG Board of Directors includes the mayors of Alpine and Marfa, and one city council member from each city, all of whom have been specifically instructed in the provisions of the Texas Open Meetings Act. In addition, the Alpine City Council Member, Diana Asgeirsson, is the lead plaintiff in a recently lost lawsuit against Texas Attorney General Greg Abbott regarding provisions in the TOMA.

Numerous journalists and independent observers were present at the April 18, 2011, Board of Directors meeting and can confirm that the second meeting began directly after the posted SWTMG Board of Directors meeting. The journalists represented Big Bend media outlets, including the Alpine Daily Planet, the Alpine Avalanche, the Big Bend Sentinel, and radio station KVLF/KALP in Alpine.

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TOO LITTLE TOO LATE?
by Jay Valles

4.18.11. As you may have heard, there’s going to be a meeting of the SWTMG board. More plans for dissolution are on the agenda. Employees are rumored to be planning to voice some comments but there’s nothing on the agenda. It should be obvious to everyone that at this point the board has no intention of listening to reason. They are not suddenly going to get hit by the rays of enlightenment and have a change of heart. The only thing that could possibly have any sort of effect right now on the plans for dissolution would be some sort of serious legal action. If the board and the city councils can get away with not putting it in the voters hands, that will also happen.

After the dissolution, it will basically be too late for anything. We may never know for sure the true reasoning. We may never know for sure of any illegalities. Is the dissolution itself being done improperly or illegally? Was it illegal for the cities to have taken surplus funds from the gas company?

From the Alpine Avalanche, July 22nd, 2010 issue. A letter to the editor from Avinash K. Rangra, board member of the SWTMG company, “the cities of Alpine and Marfa took $100,000 on February 2001; $200,000 in November 2001, $120,000 in November 2002, and $315,000 in October 2005 out of the SWTMG reserves — a total of $735,000 with a 60:40 split between Alpine and Marfa.” Is this misappropriation of funds? Is the interlocal agreement, on which the cities based their decision to draw funds, a legal document?

Was the firing of Melvin Davis done illegally? It appears there was no basis, but we will probably never know. There has been no confirmation from Melvin that he ever approached the EEOC, but if he recently has, is it too late?

Click here for a copy of the agenda.

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Eagle Hatchlings - Live

2 hatched, one to go

UPDATE 4.7.11. The third egg has hatched!

Bald eagles mate for a lifetime. They remain loyal to their mate for as long as they live; only looking for another mate if one dies. Both male and female share all duties. They both build their nest, hunt, feed, and both incubate their eggs and both tend to the hatchlings.

Their first nest is usually about five feet wide, but as the years go by, the nest can grow to 10 feet wide. Eagles build the largest tree nest of any bird in the world. While it may appear only one bird is tending the nest, they are actually taking turns. Eagles tend to the eaglets for 12 weeks, at which time they should be able to fly. Their average lifespan is 20 years but can live to be 40 years old. Eagles in captivity have lived 45 years.

by ustream

These nesting bald eagles are in Decorah, Iowa. The eagles are nesting not far from a highway, you can see vehicles passing in the background. The first eaglet began hatching on Friday. Reports state that the first egg was layed on Feb. 23, and the second came on a snowy night three days later. The third came on March 2.

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SUL ROSS GOT SCAMMED
by Jay Valles

SulRoss.edu

4.14.11. The first time I saw the new logo, I literally thought it was a joke. Did Sul Ross spend money for that? A red box! It looks like a whopping 15 minutes was spent on this “project”. I’m pretty sure my 12 year-old son can come up with something more imaginative. I can’t believe whoever did this is calling themselves a marketing firm.

There are plenty of students and even faculty right here at Sul Ross that could have done 100 times better. The website looks like a $50 generic template. Was the old logo too “cowboy”, too “West Texas”, or too “Alpine”?

I thought the historic “SR” and bars was very cool. Some logos are not supposed to be changed. A modernization might have been in order, but I feel that to dump the old logo to go with a new one is a big mistake.

UPDATE: According to an article in this week's Skyline, a student focus group as well as faculty members were involved in the selection of the new logo. The article states that the traditional bar-SR-bar will remain but does not elaborate on how or where. If it is not present in the first place a potential student is likely to look, ie. the website, then where? Sounds an like a "phase-out" plan.

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PLAY BALL
by Rev. Barry A. Zavah

In a scenic corner of West Texas, we're 5 weeks from Opening Day for the Alpine Cowboys, of the newly formed independent Pecos League. It’s about the lowest entry level rung in organized ball – but who cares? Nothing will suffice as an explanation for those not appreciating the game and tradition it represents. The players suit-up for a chance; certainly not the money, at being signed by a higher-level Indy club, scouted by a major league team and assigned to an affiliated roster. Host families provide its team a home for the season – literally – which surely is small town friendly. Last season the former Big Bend Cowboys of the independent (now, defunct) Continental League hauled-in championship glory. Thank goodness for the loyal fans the win happened right here in rancher Herb Kokernot, Jr.’s beloved ball diamond.

Constructed in 1947, it has a storied history, fielding semi-pro and affiliated minor league “D” ball, teams, but without a pro team for almost 48 years until the Big Bend Cowboys took to the field in 2009. Called "the Yankee Stadium of Texas" by Texas Monthly magazine and “The best little ballpark in Texas…a gem of a place…” by Sports Illustrated,
http://en.wikipedia.org/wiki/Kokernot_Field.

They’ve gone 501(c) (3) “not-for-profit” this season. It is a financial struggle for all the reasons many businesses struggle in this tri-county region. This IS a community effort; whose purposes go beyond fielding a pro club for a short-season league. A dedicated board of volunteers is seeking to keep the tradition of baseball (and softball) alive in Alpine. So purchase some tickets and go on-line for a piece of Alpine-Big Bend baseball tradition. The team has a wonderful package of plans for businesses and the community to promote the team and sponsor a a group night. They’re looking for Host Families, too.

Please contact: Alpine Cowboys at (432) 386-3402 or kristin@ellysonabstract.com. I’m not saying that to accumulate points towards a toaster. My motives are pure. I simply like going out to a great old ballpark (‘cause they don’t build ‘em like this anymore) to enjoy a low level minor league game while looking over the outfield walls to the mountains beyond.
Say, that’s the Alpine Cowboys here at Kokernot Field.

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THE BLOGGERS
by Jay Valles
3.23.11

We write to protect our 1st amendment right.
It flows through the prose, and words we chose.
Sometimes insight, other times out of sight.
Sometimes it glows, sometimes for the crows.

Filler for the blog? Just creating fog?
If we made you ask, that was the task.
It’s not just for the hits that appear in the log.
We’re trying to reveal what’s behind the mask.

Some say it’s the future of the news.
It’s replacing printed newspapers as we speak.
Is it the demise of newspaper crews?
It’s certainly here to stay, it’s not a freak.

Some have late night sessions on the laptop,
Others obsessively thumbing on their smartphone.
Writing to reveal the truth and vowing never to stop.
Without technology, we’d probably scratch it in stone.

However, there’s no turning back,
We’re all entangled in the World Wide Web,
Spiders logging our every crack.
Look towards the future, the flow, not the ebb.

I definitely don’t call this poetry, I call it OCRs, Obsessive, Compulsive, Rhymes. Most never see the light

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IS IT THE MONEY OR THE IDEOLOGY?
by Jay Valles

3.23.11. This commercial, which I've seen mostly on CNN, is by a group calling itself Citizens Against Government Waste. The commercial utilizes this century’s number one advertising technique, fear. It is, however, fundamentally flawed, its basis that the American “empire” is based on capitalism is wrong. America and the American ideology are about freedom and democracy. It’s not wealth and capitalism that's breaking out across the Middle East, its freedom and democracy.

Yes it’s true, our national debt is crushing and our debt with China is overwhelming and the debate on how to fix this is intense to say the least, but these are problems we acknowledge as our own, they certainly won’t hinder the spread of freedom and democracy throughout the world.

All that being said, the current spread of democracy, and our encouragement, both militarily and politically, will not be seen favorably by countries like Russia and China. Communist, radical Islamist, and dictators, like Hugh Chavez, have no choice but to see this expansion as a threat. President Obama does well to take his time with Libya.

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There are currently 104 nuclear power plants in the United States. There are plans to build an additional 200 plants in the near future.

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A Nuclear Power Plant Simulation
Open in new window.

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ARE THE STRINGS BEING CUT?
by Jay Valles

3.16.11. At least they are in this situation. It has been my contention that Judge Val Beard attempts to micromanage the city council through certain council members. Well, it doesn't appear to be happening with this water issue. Joining the BCGCD and giving up protection under state law seems to have struck a nerve with everyone.

Considering everything that has been going on regarding water, it just seems prudent to protect the City’s water supply. I don’t know if the coming election had anything to do with it but the city council members are demonstrating that they do work for their constituents and appear to be killing the idea of joining the BCGCD.

Right now, Cities, Counties, all entities all over Texas and the United States, are fighting to secure water rights. Some need water right now; others are securing water supplies for the future. It boils down to political positioning. In the not so distant future, those that control our water, control our lives.

What has bothered me though, is the introduction of H.B. 1461. Why does it appear Pete Gallego is working with the BCGCD to help them take control of the City’s water?

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Japan's Tsunami - before and after images from
Telegraph.co.uk. Move your mouse over the images

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WATER WORRIES
by Jay Valles

3.6.11. Back in May of 2010, The Texas Commission on Environmental Quality (TCEQ) received a complaint concerning the McElroy Ranch, the housing development owned by Tom and Val Beard, and their public water supply system. In June of 2010, the Ranch was investigated and was cited for being in violation of 22 regulations of the TCEQ. In July 2010, the Ranch was given a Notice of Enforcement for the 22 violations. As of February 23rd, 2011, the status on four of those violations remains “Active”. Click here to view the violations.

One of the “Active” violations will most likely always remain “Active”, it reads, “Failure to get approval, from the Texas Commission on Environmental Quality, prior to construction of a public water system, in violation 30 Texas Administrative Code (TAC) § 290.39(c). At the time of the investigation approval for construction of the public water system has not been granted by TCEQ”. I guess you can’t go back in time to fix this one.

Nevertheless, to me, this violation is the worst of all. Keep in mind Tom and Val Beard are lawyers. Tom Beard sits on the board of the Brewster County Groundwater Conservation District (members appointed by Judge Val Beard and her commissioner’s court) and is also Chairman of the Far West Texas Water Planning Group (appointed by Gov. Rick Perry). Do you really suppose they didn’t know they were legally obligated to apply for a permit before constructing a Public Water System? Were they simply trying to get away with something?

These are the same folks that apparently want control of the city’s water supply. The BCGCD wants the City of Alpine to become members of their district. This could possibly give the BCGCD the ability to control the quantity and transport of water to the city. Let’s not forget that last year Judge Val Beard and Brewster County was paying a lobbying firm in Austin to influence legislation, basically to work against the City of Alpine regarding this same water issue. Seems to me, especially in these times, the city should be working hard to keep as much control as possible of its water supply. Why then, do certain city council members appear to be doing the exact opposite?

Click here to view a copy of the BCGCD/City Interlocal Agreement.

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AISD BOARD ASKS VOTERS FOR $22 MILLION
by Jay Valles

2.23.11. UPDATE  It has been pointed out to me that no school board has the authortiy to save money. As I'm sure you know, if you don't spend it all, you don't get it next year. This is where the "creativity" part comes in. These times demand it. Next point, I do know, and have known, that the high school has a cafeteria. It's just that many complain that is it hardly sufficient. This situation is also being used as a big selling point for a new school. I was also told that the school board has done a fine job. I'm sure they have. They've probably done the same job as any other board over the years. Has it been enough?

2.19.11. There’s not anyone who wouldn’t want a new high school, a new gym, or a new sports field for our kids in Alpine. Do our kids deserve it? Without a doubt they do. And our teachers, well there’s nothing but praise for our teachers, there has to be, they are certainly not getting paid anything. We’re supposedly climbing out of The Great Recession and we’ve got a multi-term Republican Governor that is not afraid to take the hatchet to our State’s education and I feel I have to ask, is this really the right economic climate for a bond issue?

Tough decisions are being made at home; I don’t see our school system getting out of it. Cuts are going to happen and our schools will have to take a serious look at cutting programs like athletics, music, breakfast and lunch, and who knows what else. Some schools might not make it through this. The Marathon school is in imminent danger. Yes, we need to look towards the future, but why is it when there is no money and some entity is asking for your money, it’s always about the future. Why is it no one talks about the future when considering a cut to balance the budget or save some money?

I hear that AISD is financially sound and that our school system is well managed, so why is the high school falling apart? That school has needed a cafeteria since the day it was built. Why has there never been enough in the budget for a new cafeteria? I went to school there in the early eighties, even back then they said the school was falling apart. I think it was about ten years old then. I’m not saying these things aren’t needed. We’ve needed new facilities and we’ve wanted new facilities for 30 years.

Why hasn’t any school board in the last 30 years been able to properly maintain or repair the high school? Why hasn’t any school board in the last 30 years been able to put aside money for a new high school? In that time, the only thing I’ve seen expand is the school’s administration and their budget. Also in that time, our school went from a 3A to a 2A. Would a smaller school be built? If a larger school than needed were built, would it be able to be maintained over a long period of time? Is this simply one of those times when we should bide our time and make due with what we have?

When I went to Alpine High School, the building in the pictue above was the administration building, just enough room for an office, a secretary and a small meeting room. Is much more absolutely necessary? Could the current administration building (the old middle school) be used as a high school? It’s really nice.

I love sports. I can’t imagine my sons not being able to play school sports like football or basketball or tennis. However, at this point, I’m more concerned with their basic education. They rarely have homework. Now, apparently because they’ve demonstrated a high probability of doing well on the TAKS, they don’t need to attend school on Fridays. Has the CORE curriculum become one big exam prep? I see our public education system in both moral and financial crisis. It’s my feeling that the fix will have to start at the top, at the State level with both the Governor’s office and the State School Board. That being said, I have to ask, is this really the right political climate for this bond issue?

There are schools in West Texas that have lots of money. Oil, you say. Well, we may not have oil in Brewster County, but we have something else, land. This is the biggest County in Texas, bigger than the states of Connecticut, Delaware, and Rhode Island. Here in our district there are many ranches worth millions and millions of dollars. Yet those that live in town pay higher property tax rates than probably any ranch owner. Lets not forget the example given to us by County Judge Val Beard and the McElroy Ranch, ranch land turned into housing development valued at just under $2 million on which taxes paid was less than $180.00. I believe that is an estimated tax rate of .0001 %. Is this an isolated case? - check the taxes on any property - click here. Republicans believe they should receive tax breaks and government subsidies because they believe the money will trickle down to the rest of us. Why then, does it feel like we are being asked to fund a desperately needed high school with money that trickles up?

The AISD Board is asking for $22 million. To be honest, I feel it’s not enough. I don’t think this would give our kids and teachers the type of facility they desperately need and deserve. At best, it’s a temporary solution, and, it feels rushed. Considering all of the preceding, is this more a time when everyone from the top to the bottom needs to get financially creative and fiscally fit? It’s the voters that will decide, so get out and vote. If you are not registered to vote, click here to register online. It’s quick and easy.

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WATCH YOUR WATER

LETTER TO THE EDITOR FROM DR. AVINASH RANGRA

3.2.11. Editorial by Jay Valles - Recently, the Brewster County commissioner's court re-appointed Tom Beard to the Brewster County Groundwater Conservation District (BCGCD). Tom Beard is also Chairman of the Far West Texas Water Planning Group, a Governors appointment he apparently received after giving Rick Perry a campaign contribution of $25,000. Now, certain city council members want to unnecessarily join the BCGCD. Does the BCGCD want control of the city’s water? Who else?

Dear Sir,

On February 28th, during the City of Alpine Council meeting to consider Councilperson Bermudez' resolution to refer the deletion of Texas State Water Code Section 36.121 as alluded to by the interlocal agreement between the City of Alpine and the Brewster County Groundwater Conservation District (BCGCD) to a public referendum, my friend Councilperson Davidson almost started vilifying those standing in opposition to the House Bill 1461. Councilperson Davidson may have his reason(s) to make his remarks, and he is entitled to express them freely. However I would like to remind my friend that those sitting on the other side of the aisle are not villains.

I understand that City Utility Director Cindy Hollander expressed her opposition to the deletion of HB 1461 at the joint meeting of the City Council, and BCGCD @ 10:00 am the same day. She knows a lot about water. People should listen to her.

The City of Alpine Council (Councilpersons Nelson, Payne, Asgeirsson, Fitzgerald, and Rangra) at its April 07, 2009 meeting (click here) unanimously approved resolution 2009-04-02 to oppose H.B. 811 (its wording was similar to H.B. 1461), and it was not a cloned decision. Tom Santry, Conrad Arriola and Mike Davidson were in the audience, and they made their comments. The Council further authorized the City Attorney Rod Ponton, and the City Manager Chuy Garcia to work with Naismith Engineering to protect the interests of the City. I represented the Council.

We met with four (4) representatives from the Texas Water Development Board (TWDB) in the office of our Representative, the Honorable Pete P. Gallego in Austin, and subsequent to that meeting, Mr. Ken Peterson (TWDB) has this to say about the impact of H.B. 811 on the City of Alpine in his March 21, 2009 memo to Patrick Tarlton, Chief of Staff to our State Representative:

‘Under current law, Alpine is protected from the regulation of its water supply wells by the Brewster County groundwater Conservation District, the Jeff Davis Underground Water Conservation District and the Presidio County Underground Water Conservation District. This protection is provided by Section 36.121, Water Code, which states that a groundwater conservation district "shall exempt from regulation" any wells and water produced from those wells if the City purchased, owned or held rights to the water before the date on which the groundwater district was created. The City of Alpine owned the well fields before the three districts were created. This means that the City does not need any permit to operate its wells, does not need a permit to transport water out of the groundwater districts to the City for use, cannot have production from its wells restricted, and does not have to pay pumping or transport fees. Without Section 36.121, the respective groundwater districts would be able to impose permits and assess fees under other provisions of Chapter 36, Water Code.’

Mr. Peterson further states: ‘H.B. 811 provides that Section 36.121 does not apply to the Brewster County Groundwater Conservation District. If passed into law, the Brewster County GCD would be able to fully regulate the City’s production and transport of groundwater within Brewster County.’ This memo is (should be) in the City archives, since it was discussed at the April 07, 2009 meeting of the Council.

On a slightly different but related issue, it is being alleged in certain quarters that the City is wasteful in its use of water. I wish they paid attention to the facts. Once again based on the information provide by the city staff to Councilperson Bermudez, it appears that the citizens have been using less and less water. The water usage has dropped from 409 million gallons in 2006 down to 353 million gallons in 2010. The citizens of Alpine have conserved more than 100 millions gallons over the last five (5) years.

As regards the Interlocal Agreement between the City of Alpine and BCGCD, the Council ought to trash it. It is so one sided that it is not even funny. I find it sophomoric, insulting, and bloody stinking. More on this later.

Click here to view a copy of the BCGCD/City Interlocal Agreement.

Thank you

Sincerely, Avinash K. Rangra

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TOWN HALL MEETING WITH REP. FRANCISCO CONSECO
by Rev. Barry A. Zavah

3.1.11. Congressman Francisco Conseco (R-District 23) held his first Town Hall Meeting in Alpine Thursday, February, 24th, since being elected. I'm glad he was here fielding questions. Some were tinged with a measure of hostility. My adrenalin was flowing and I was determined Republican-Conservative-Tea Party sound bytes would not go unchallenged. He displayed graphs. One portrayed the growth in spending under President Obama. He failed to state that Obama included the Iraq and Afghanistan wars on the Budget as a matter of transparency. His predecessor kept those tremendous expenses off the books.

My first question followed his comment about keeping campaign promises, having voted to cut aspects [read: "only 12%] of the Budget. I said that Texas is ranked #1 among the States for air pollution from coal burning power plants, yet he's cutting the EPA. He replied that regulations impact jobs. Perhaps, but the only jobs to show an increase will be in the health care sector due to illnesses caused by being downwind of pollution. And what jobs is he talking about? They’ve been out-sourced under Conservative economic philosophies.

My second comment noted that while he's not using the term "supply side economics" (discredited by David Stockman, President Reagan's first Director of the Budget, in a book written after leaving the Administration). But that’s exactly what Conseco and his fellow travelers foisted upon the American public; advocating taxes have to be lowered to stimulate growth, but that "it (the Federal Budget deficit) isn't a "revenue problem". Evidence documents the negative impact of taxes on consumer spending, but "supply-side" is far from the entire truth. I told him to raise taxes on the one percent who contributed to tanking the economy in 2008; but Conseco repeated it isn't a revenue problem. While in the process of writing this, I saw an interview on CNN Sunday morning, February 27, 2011 with a Democratic Congressman, who stated "three bi-partisan Congressional Committees said it was both a spending and revenue problem.

Any responsible budgeting, be it a household, a business, a not-for-profit MUST consider its revenue stream (and/or lack thereof and the factors contributing to a reduced flow), which impact the budget. Conseco’s position ignores the fact that should the Federal Tax Code return to the levels under either Presidents Eisenhower, Kennedy, Johnson, Nixon or Carter we'd be in much better shape, compared to the years subsequent to the so called “Reagan and Bush II tax reforms" which effectively cut the tax rates to the upper one percent or so, thus constricting revenue. At the same time, defense spending increased under Reagan and Bush II initiated an under-funded war. It isn’t all the fault of Republicans. Lyndon Johnson was wrong. We can't sustain both "guns and butter". Conservative Democrats must shoulder some of the responsibility for the problems of the past 30+ years. They sided with Conservative Republicans to institutionalize supply side, lessening revenue yet increasing spending.

My final question-comment disagreed with the Congressman’s use of the terms "entitlements" and "Obamacare". Social Security is far from an "entitlement" in that it is the money of those having it withheld from their paychecks. I was an Assistant District Attorney when Reagan's "tax reform" took effect. Federal Income Tax withholding was reduced, but Social Security withholding increased, leaving us with less disposable income than the previous payday. I told him the use of the term "Obamacare" is disingenuous since the 2010 Health Care reforms legislation was largely written by the health insurance industry. Polls document that the majority of the public opposed the legislation because it didn't go far enough.

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$10,000 DEGREE
A letter to Gov. Rick Perry
by Dale Christophersen

2.25.11. Governor Perry, why beat around the bush? Your legislature has already mandated that universities granting four-year Baccalaureate degrees in Texas (at least the public ones) must reduce the graduation requirement from 130 to 120 semester credit hours and eliminate other pesky requirements. Don't I hear a bid to go to 100? Or 90? Let's cut to the chase and make it plain that anyone who ponies up their $10,000 will have their degree/diploma granted and in the mail within a week, no questions asked. We will, of course, have to ban the phrase "diploma mill," though I think you can get that through the current U.S. Supreme Court. "Free speech" is only significant as it is available for corporate America.

You will, however, need to stick to the $10,000 sticker price in order to have all the budget figures come out right -- no cut rates for "student financial assistance," nor loans. They can go in search of jobs to come up with the $10,000.

If any employers, some of whom say they are unhappy with the current higher ed products complain, you can tell them just to suck it up. And if folks in other states laugh at us, you can simply say again that "our Texas economy is in wonderful shape." I guess you could also recommend that THEY secede if they don't like it.

Imagine the savings! No longer any need for faculty, who are often kind of troublesome anyway with their expectations based on ancient notions of what is involved in education. Far fewer staff will be needed. And we can sell the buildings to entrepreneurs who will enrich your presidential campaign coffers. Getting rid of the physical plant employees who fundamentally keep the facilities up and running will about clean the board.

I think that if you, Governor Perry, paid as much as $10,000 for your education you were horrendously cheated and should contemplate filing suit against your alma mater. You probably didn't, since tuition back in the dark ages was more like $4.00 a semester credit hour. But perhaps there was extra charge for yell squad uniforms.

All of the people who count can then send their children to private institutions, some of which at least will probably stay committed to actually helping people learn something, whether as a community college or university. But that may involve their going out of state.

If I can provide any further assistance in mapping out the details of this transition, please let me know. My fees are perhaps a bit high, but I can provide charity rates for those in dire straits. Such as your/our state.

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THE STREETS OF LAVOZ
by Jay Valles

2.17.11. The condition of our streets is deplorable. Our city council has neglected our streets for far too many years. I feel a selection of council members has no idea for whom they work. Everywhere you turn, you’re gonna hit some potholes. Patched or not, you know its gonna be bumpy. Why are our streets in such terrible condition? I just find it hard to understand what kind of thinking puts expenditures for our surface streets on the back burner?

Above is 11th Street. Its got more patches than my Grandmother's 20ft quilt. It's the worst right around the Amigos store.

When it rains, “olvidalo”, “forget about it man”. All the patches float away exposing the shock busting holes that will leave you feeling like a bobblehead. Anyone can see that in the last 2 to 3 decades traffic around town has grown exponentially, our streets have not kept up, and our city council has let us down.

Above is Brown Street. Its got more bumps than an 8-year old with Chicken Pox. I wish I could say these were isolated instances. Hang on to your hat.

All the new facilities are great, but should they have gone before our streets? Should Alpine be spending money on tourism. While spending money to boost tourism is probably not a bad idea, in the end, Alpine is not a big tourist town. If you absolutely have to put tourists first, shouldn’t they be able to get around comfortably? I guarantee it’s the first thing a tourist is gonna notice.

Above is Lockhart Ave. There should be a sign that says 4X4 Only!

Last, but certainly not least, Sul Ross Ave. 20 MPH speed limit. If you don't heed it, you may have to go in for a front-end alignment.

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LETTER TO THE EDITOR FROM OMAR PENURIIS

I would like to thank our city council and county judge for all the wonderful things they are doing for us. Thank you for spending millions on our new downtown sidewalks and curbs and streets. It is OK that our downtown intersections are bumpier than ever. It will look real nice for all the tourists as long as they do not wander away from downtown. It is OK that the rest of our streets are in the poorest shape I have seen over 30 years. It is OK that the company and all the workers taking those millions are from out of town. No one around here needs a job.

We do not need better streets when we have a new county fire station here and another one down south. We do not need better streets when we have a new Marathon Justice Center and we definitely do not need better streets when we are going to get a new city/county library. I am also glad to drive over our pothole filled streets if it means getting a new animal shelter. I am really excited about hitting potholes if it means I can walk a new trail through town or spend some time in a new park. While some of these are certainly good ideas, do not worry about priorities or financial responsibility, no one really cares.

I really am glad you are going after Southwest Texas Municipal Gas Company, no one around here needs them and they have lots of money so you can go on doing more of the same. Got any more ideas like these we can help you fund? Go ahead and raise my water rates and taxes, oh wait, you have already done that. Maybe you can do it again? I just realized it has not rained in quite some time, so, while you are at it, go ahead and spit on me, I will just think its rain.

Since you are in office, why do you not figure out some way to personally benefit from it? Maybe you can take a vacation? Or, an ego trip? Selfishly wielding your power for the public good is bound to get boring. If there is some way you can figure out to lower your own property taxes, go ahead and do it, we do not need the extra money. Remember you hold a public office, if a citizen takes a stand against you, do not hesitate to use everything at your disposal to attack them.

Feb. 5th, 2011
Concerned citizen,
O. Penuriis

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THE INDEPENDENT AUDIT
by Jay Valles

1.27.11. Members of the SWTMG Board, that fired Melvin Davis, have used the excuse that the company was in financial distress in order to perpetrate the injustice against him. I’ve just been handed an independent financial audit of SWTMG, which Dr. Jack McNamara of The Nimby News (nimbynews.com) received after filing a Texas Public Information Act (TPIA) request. The audit is for fiscal year ending September 30th, 2009, which was apparently, completed November 5th, 2010, and I feel it shows what we’ve all known.

Click here to view the audit. The document will take a minute or two to download.

SWTMG is a sound company worth several million dollars, with cash in the bank and basically no liabilities, long-term or otherwise. With the fiscal improvements implemented by Melvin Davis, the company is set to bring in record surplus, so much, Melvin had requested a rate decrease and was also looking into expanding to Presidio.

Of course not shown in this audit, what has definitely captured my attention is the drawing of SWTMG surplus funds by the cities of Alpine and Marfa.

From the Alpine Avalanche, July 22nd, 2010 issue. A letter to the editor from Avinash K. Rangra, board member of the SWTMG company, “the cities of Alpine and Marfa took $100,000 on February 2001; $200,000 in November 2001, $120,000 in November 2002, and $315,000 in October 2005 out of the SWTMG reserves — a total of $735,000 with a 60:40 split between Alpine and Marfa.”

I’d be interested to see how those withdrawals were booked. Would a TPIA request for the financials of the years mentioned above reveal something interesting? Of course the Board used the Interlocal Agreement, a document, which I feel, is illegal, as their justification to take that money.

Will more inappropriate actions by the Board or city councils be revealed? I feel more information will begin to appear that will give more insight into the actions of the Board and the councils.

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HEY GRINGO...
by Jay Valles

“Pot-firing catapult found at Arizona-Mexico border”

1.27.11. You’ve probably seen or read the story. Sure sounds silly, even stupid, and it could be just as simple as that, but I seriously doubt it. I know it’s hard to believe, but many other countries think the United States is arrogant, and so would follow its citizens. Well, I’m quite certain we’re not dealing with a bunch of idiots. We’re dealing with some of the most cunning individuals on the face of the Earth and yes, also amongst the most ruthless, certainly far from the bumbling idiots some stories make them out to be.

When you read the story (click here to read the version from the NY Post), do you imagine a scene right out of a 3-ring circus clown act? Wouldn’t it be arrogant to really believe that they would really try this? Well, when I read the story, I also chuckled, but only because what I saw may well have been a very clever diversion with the joke as the icing on the cake. What I imagined was them rolling around laughing at us.

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ALPINE FALLS TO NUMBER 12 SPOT

UPDATE 2.1.11. Wiscasset, Maine remains in the number 10 spot. As of this Tuesday afternoon, they are now over 600 votes ahead of Alpine and continue to pull away. We've now fallen behind Greenburg, Kansas which had been in the number 12 spot. Tell your relatives, tell others from around the state to support one of their own.

1.29.11. Budget Travel (budgettravel.com) has a yearly contest for the Coolest Small Town in America and this year, 2011, Alpine is in the running. Anyone can vote and you can vote once every 5 hours. Voting closes on Feb. 11 so tell everyone you know to please go to their website and vote. Follow the link below.

Click here to vote for Alpine at BudgetTravel.com

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WHO'LL STEP UP?
by Jay Valles

1.27.11. Concerned citizens, still dumbfounded with the handling of SWTMG, ask, “Where’s the help?”

I'm afraid the caped crusader has his hands full in Gotham, but still feel a wheeled crusader might take notice if enough complaints are filed, and/or, if someone with enough clout can capture the Attorney General's ear. Its my strong opinion that state laws have been broken and I'm pretty sure if I were a lawyer, it would also be my legal opinion.

Nevertheless, considering the current state of our State, we should assume the odds of getting help from Austin to be slim. Consequently, it might be left to citizens of Alpine, Marfa, Ft. Davis. Considering the city councils are pushing this agenda to dissolve SWTMG, all citizens should be concerned and involved, not just gas customers.

This movement should formally organize. I think we need to find out if it's just us yelling in the back. If not, then an organized front should be projected. Campaigns and/or recall petitions should be initiated against the offending office holders. Mayor Dunlap's term is up this year, who else's? Who’ll step up?

I feel the Board and both city councils have no intention of being rational. They have plainly shown that they will not submit to anyone's questions or complaints. Is it time to take a stronger stance? It’s going to take organization and it’s going to take money.

Download the complaint form to the Attorney General here. It can easily be faxed back to the AG. It is a simple 2-page form. If you can be specific, that's great, if you can't, don't worry, write what you know. The important thing is to continue to add to the file that has certainly already been created in this matter.
Get more info here.

A case might also be made in a complaint to the Texas Railroad Commission. They would mainly be concerned with the buying and selling aspect of the natural gas business. Possibly whether the markup is too much? Get more info here.

Filing complaints to both the AG's office and the Railroad Commission can only help. If this option is to work, many complaints need to be filed. Remember, it's the squeaky wheel that gets the oil.

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