Discussion and Possible Action concerning respondents who have received a Notice of Violation for exceeding 2012

Staff Report & Agenda Item Details

Agenda Item 6: Discussion and Possible Action concerning respondents who have received a Notice of Violation for exceeding 2012 yearly permit production allotments and who have also requested a contested case hearing. Respondents may include: La Ventana, Blue Hole Regional Park, Wimberley VFW and Wizard Academy. Board & Staff: Rick Broun: o Wizard Academy brought to the District's attention that they had not been reporting correctly. Once pumpage amounts were recalculated it was discovered that Wizard Academy had over pumped their permit by 742,813 gallons. They were issued an NOV stating they owed $3,714.06 to the District for over production. o The District received a timely filed contested case letter from Wizard Academy. o The Wimberley VFW was issued an NOV for over pumping by 50,947 gallons, a fee of $254.73. The VFW paid the fee in full. o Blue Hple Regional Park (City of Wimberley) over pumped their permit by 281,391 gallons. An NOV stating that the City of Wimberley is being charged an over production fee of $1 ,406.95 was sent certified mail on January 19th. o The District did not receive a timely filed contested case letter or a payment from the City of Wimberley. o When District staff was out gathering water levels during February's monitoring run, we discovered the lock code on the gate accessing the Blue Hole well had been changed. Locked housing devices that cover the well and the meter have also been installed. o The District received an email from Don Ferguson yesterday, February 19th, requesting that the District consider an alternative approach to the City paying the $1406.95 fee. Don proposed that the District consider partnering with the City to install a transducer in the Blue Hole well. In lieu of the City paying the fee they would fund a portion of the project cost equal to the amount of the fee. o La Ventana over pumped by 659,489 gallons. An NOV stating they owed and over pumping fee of $3,297.44 was sent to PGMS. o The District did not receive a timely filed contested case letter or a payment from La Ventana or Professional GenerallVlanagement Services (PGMS). o Patrick King with PGMS sent an email today, February 20, requesting that the District take in consideration that this is La Ventana's first offense and requests that the District revise or levy the fee. Ed Pope: o WIZard Academy is the only one who formally contested their NOV. Public Comments: The following presented: Joan Jernigan, Garret Allen, Jon Cobb, Linda Kay Rogers & Polly Powell Greg Nesbit: Fines stand, proceed with NOVs as stated. Greg Nesbitt: Resend motion Greg Nesbitt: Proceed with NOV fine for Wizard Academy. Ed Pope: Seconded motion Vote: 5-0 In favor (Jimmy Skipton, Mike Cox, Greg Nesbitt, Ed Pope & Mark Hastings) Jimmy Skipton: La Ventana did not timely file therefore fees are due. Mark Hastings: Seconded motion Vote: 5-0 In favor (Jimmy Skipton, Mike Cox, Greg Nesbitt, Ed Pope & Mark Hastings) Ed Pope: NOV for City of Wimberley Blue Hole Park

This motion is scored as RESTRAINS_GOVERNMENT (Impact Weight: 2.6/10). Under the Bastiat Liberty Watchdog Index, voting YES on measures that cap or reduce ad valorem tax burdens, expand taxpayer exemptions, retire debt early, enforce competitive bidding caps, or remove regulatory/zoning barriers to private property rights earns a positive Pro-Liberty score.