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Waiting to Inhale

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INHALE-TITLEAbout 11,200 words

“There ought to be a natural coalition between environmentalists and defense groups. Environmentalists want to reduce air pollution and greenhouse gas emissions. Defense groups want to limit our vulnerability to oil cutoffs or blackmail. A common denominator is the need to control cars’ gasoline use.”

-Robert J. Samuelson, Washington Post columnist, October 11, 2001

 

A man deprived of sustenance will die of thirst long before he will succumb to starvation, notes author Desmond Morris. But, we ask, how long can a human being survive without air? Only moments, to be sure, for air is the essence of life. What concerns us here is not how long we can hold our breath, but how long can we live, and what suffering we must endure, if forced to breathe polluted air? Not that we want to be human guinea pigs to find out, but given the increasingly marginal nature of air quality, what choice do we have?

Central Texas has very few smokestack industries but our air is far from clean. Much of our air pollution blows in on the prevailing winds from the Houston area, which recently attained the dubious distinction of having the worst air quality in the nation. Our own area’s single largest contribution to air pollution, say local experts, is what comes out of the tailpipes of our motor vehicles which, according to the Texas Department of Transportation, number 1.3 million within the five-county area. Nearly 900,000 of those are registered in Travis County, while Williamson County adds 237,000 and Hays County another 88,000.

Central Texas residents not only own a lot of vehicles but they want to use them every time they step out the door. Given the way that our communities are designed, particularly the suburbs, many people have little choice but to drive for the necessities of life. Austin-based NuStats Market Research in July 2001 surveyed some 200 respondents in five Central Texas counties, and found that, “Central Texans love their cars. In fact, nearly two-thirds (sixty-two percent) of respondents drive to work or school alone.”

Austin Mayor Gus Garcia says commuters are contributing to our air pollution but most don’t realize it. “People still think they can drive a hundred miles into town and back in their Suburbans or one-and-a-half-ton trucks and they’re not affecting air quality,” Garcia says. “I’ve got news for them—they are affecting air quality.”

Whether imported or homegrown, the air-quality monitors in the Austin area measure pollution without regard to point of origin. When the readings are too high, that’s bad news.

INHALE-CHART

Bad news is what we got September 14, 2002. That was a bad-air day. That was when, for the fourth time this year, the air quality in Central Texas exceeded the amount of ground-level ozone pollution allowed by the federal Clean Air Act. That event, when combined with monitored levels of ozone pollution for 2000 and 2001, put this area in violation of the Clean Air Act. In fact, the Austin area has been in violation of the ozone standard every year since 1999 (see above chart, “Central Texas Violates Federal Ozone Standard”). If we had enjoyed a better year in 2002, ozone-wise, the Austin area might have limboed under the regulatory bar and no longer have been in violation. No such luck.

This is bad news for public health, because it means that all of us—healthy adults, susceptible young children, and people with chronic respiratory problems—are breathing air that is unhealthy and can make us sick. (See accompanying story, below, “Ozone and Your Health.”)

Violating the Clean Air Act is also bad news for our already slumping economy, because it means that, sooner or later, we will be forced by federal and state regulators to clean up the sources of emissions that contribute to ground-level ozone. The uncertainty as to when such action will be mandated—and the reasons why the problem is not being addressed adequately by the federal government—stem from an ongoing lack of support from Congress, active opposition by the Bush administration, and litigation.

The Congress—The lack of support from Congress is typified by the absolute ban that federal lawmakers have imposed for the last six years on the US Department of Transportation, preventing regulators from requiring automakers to make cars that get better gas mileage and produce fewer tailpipe emissions. This is not only bad for the environment but bad for our nation, which is far too dependent upon imported oil. US Representative Lloyd Doggett (D-Austin) says, “As current events in the Middle East remind us, the creation of more fuel-efficient cars is not just a matter of securing a healthy environment, it is a matter of national security. Unfortunately, our current leadership has provided nothing but excuses and showed that it is unwilling to hold the industry accountable.” Or, as Senior Editor Gregg Easterbrook put it in a June 2001 editorial in The New Republic, “The worst thing about the Bush plan is its silence on the primary energy-efficiency question of the moment: the need for higher gasoline mileage across the board—not in a few hybrids but in the cars, SUVs, and light trucks everyone drives.”

The President—The Bush administration’s disdain for air quality is exemplified by its plan to roll back the “New Source Review” process for power plants, oil refineries. and other industrial facilities in a way that environmental groups and others contend would result in higher emissions. “Pollution from refineries and power plants threatens our environment and the health of every Central Texan,” Representative Doggett says. “Weakening the Clean Air Act would reverse the progress made over the last thirty years against air pollution and global warming.” The American Lung Association, it its report titled State of the Air: 2002, declares, “Rolling back the New Source Review protections would be the greatest attempt to weaken the Clean Air Act since its inception.”

The Litigation—A lawsuit brought by the American Trucking Associations Inc. and others attempted to prevent the US Environmental Protection Agency (EPA) from implementing new standards for ground-level ozone (smog) and particulate matter (soot)—standards that would better protect the public health, as required by the Clean Air Act. In February 2001, the US Supreme Court upheld the new standards but ordered the EPA to develop a reasonable approach to implementing the new ozone standard. The EPA was devising a final rule on the implementation strategy before it designates areas that are in violation of the ozone standard. To that end, the EPA had been holding public hearings around the country when in June 2002, the American Lung Association, Environmental Defense, Natural Resources Defense Council, Sierra Club, and five other environmental groups filed notice of intent to sue the EPA unless the agency designated the Austin area and 107 other metropolitan areas in violation of the ozone standards.

Negotiations are underway at the national level to resolve the issues before the lawsuit is filed, says Janice Nolen, national policy director for the American Lung Association. What’s being sought, she says, are “enforceable dates for the EPA to actually designate nonattainment areas as required under the Clean Air Act.”

Jim Marston of Austin, director of the Texas regional office of Environmental Defense (formerly Environmental Defense Fund), has been involved in the negotiations as well. “I think it’s likely we’ll have an agreement to have designations (of nonattainment areas) sometime in 2004,” Marston says.

Organizing to clean our air

Austin leaders long ago recognized the hardships we would face if declared a nonattainment area. All they had to do was observe what was happening in the air-quality regions of Dallas-Fort Worth, Houston-Galveston-Brazoria, Beaumont-Port Arthur, and El Paso, which were long ago declared by the EPA to be in nonattainment. Nonattainment puts a severe hamper on economic activity, as in Houston, for example, by lowering speed limits, requiring the testing of motor vehicles for tailpipe emissions, and requiring petrochemical plants to vastly reduce emissions. New industries tend to steer clear of nonattainment areas because these kinds of mandates make it harder to do business and add extra expense.

The Austin area, along with four other air-quality regions in the state, is classified as a “near-nonattainment area,” indicating that while Austin had not been officially designated as being in violation of the Clean Air Act, it is very close.

It is against the backdrop of impending federal mandates that the Austin area has been working to improve air quality. The effort began at the urging of Kirk Watson while he still chaired the Texas Air Control Board (an agency that was later folded into the Texas Natural Resource Conservation Commission, which recently changed its name to the Texas Commission on Environmental Quality). Representatives from several area organizations formed Clean Air Metro Austin in 1993. In 1995, that group became the Clean Air Force and incorporated as a 501(3)(c) nonprofit organization. In 1996, the organization was renamed the Clean Air Force of Central Texas to reflect the regional nature of air-quality issues.

In August 2000, as chair of the Clean Air Force, Austin Mayor Kirk Watson assembled a committee of elected officials, including the county judges of Travis, Williamson, Hays, Bastrop and Caldwell counties, and mayors of Round Rock and San Marcos. These officials began meeting as the Clean Air Coalition of Central Texas. By 2002, the group had expanded to include the mayors of Bastrop, Elgin, Lockhart and Luling, as well as State Senator Gonzalo Barrientos (D-Austin). Watson’s tour ended when he resigned as mayor of Austin to run for state attorney general.

The roles of the Clean Air Force and Clean Air Coalition overlap to some degree, even to the extent that both groups are chaired by Williamson County Commissioner Mike Heiligenstein. Some time ago, during Mayor Watson’s tenure, the two employees who staff the Clean Air Force were put under the wing of the Capital Area Planning Council (CAPCO), and Clean Air Force Executive Director Wade Thomason was required to report to the CAPCO’s executive director, despite the fact that he was supposed to be working directly for the Clean Air Force board of directors. Thomason was terminated August 1 by CAPCO’s executive director, and without a meeting of the Clean Air Force board of directors, according to Thomason. Jim Marston of Environmental Defense—who is on the Clean Air Force board’s executive committee—sent an e-mail to other Clean Air Force board members over the matter, pointing out that Thomason was fired without warning, without a meaningful evaluation process, and in violation of the Clean Air Force by-laws, which indicate that no one board member—including the chair—has the power to act on matters without the involvement and approval of the rest of the board. Marston’s e-mail indicates that he and some other board members “were not consulted about such a decision.”

Thomason says he’s not bitter about the way things ended but says that he was never given clear direction about what he should be doing to earn his salary of $58,000 a year. Thomason and others say that the role of the Clean Air Force began to blur when the Clean Air Coalition was formed, and the power naturally gravitated toward the Coalition, which is made up entirely of elected officials. Heiligenstein says action is underway to “define the roles of the Clean Air Force and the Clean Air Coalition so there’s no confusion anymore.” The Clean Air Coalition will deal with public policy, and the Clean Air Force will focus on public education, he says.

While the fate of one employee does not generally make or break the success of an organization, the way in which Thomason’s termination was carried out does raise a red flag about the way the Clean Air Force and Clean Air Coalition are managed, and particularly calls into question the idea of whether the next executive director should be forced to operate under CAPCO’s supervision.

Regional cooperation achieved

The Clean Air Force has done much to educate the public about air quality issues, but ultimately it is our elected officials who must make the decisions that will bring action. To that end, on March 28, 2002, the Clean Air Coalition, the Texas Natural Resource Conservation Commission, and EPA signed off on the O3 Flex Agreement for the Austin-San Marcos Metropolitan Statistical Area (O3 being the chemical symbol for ozone). The O3 Flex Agreement is a voluntary local approach to encourage emission reductions that will keep an area in attainment of the one-hour ozone standard (under which ozone may not exceed 0.125 parts per billion, or PPB, more than three times in three consecutive years at the same monitoring site), while also working toward the health benefits envisioned under the eight-hour standard (under which the average of the annual fourth-highest daily maximum eight-hour average reading over a three-year period must be less than 85 PPB). An area may be in violation for either one or both standards, depending on its air quality. (For more on the ozone standards, see accompanying story, below, “Ozone and the Law.”)

In one sense, the O3 Flex Agreement is nearly meaningless, as it only protects the area from being designated for exceeding the one-hour ozone standard; the voluntary actions it promises to undertake will achieve only a small fraction of the emission-reductions needed to comply with the eight-hour standard. Austin has never exceeded the one-hour standard, although it could do so at some point. The overriding value of the O3 Flex Agreement is that it marks the first time that Central Texas governments have cooperated on such a wide scale concerning an environmental issue. That’s in marked contrast to the lack of regional cooperation that has for so long hindered protection of water quality in the Barton Springs segment of the Edwards Aquifer, as reported in The Good Life‘s cover story of July 2002 (“The Life and Death of Barton Springs.”)

The Texas Legislature has been of enormous help in addressing air quality issues by providing $10.3 million in funding since 1996, spread among Austin and the four other near-nonattainment areas (Corpus Christi, San Antonio, Tyler-Longview-Marshall, and Victoria). Nearly half of the total funding was provided in the budget biennium for 2002-2003. The Austin area was allocated $979,000 for 2002-2003 for planning and public outreach. “Without that money, this voluntary planning would not have been possible,” says Kate Williams, coordinator for the State Implementation Plan, Texas Commission on Environmental Quality (formerly the Texas Natural Resource Conservation Commission).

Businesses backing clean air

The Greater Austin Chamber of Commerce has been a key player in trying to improve air quality by spearheading Clean Air Partners, an initiative to get businesses to voluntarily reduce emissions—especially emissions related to employee commuting. The Clean Air Partners program is especially notable when considering that in other Texas air-quality regions, business groups are usually in the forefront of the fight against efforts to improve air quality.

The Greater Austin Chamber’s work draws praise from Kate Williams, Texas Commission on Environmental Quality. “They have been extraordinarily proactive for a chamber of commerce group in facilitating voluntary reductions,” Williams says. “That’s not normally what you’ll see from a chamber of commerce; you usually see the opposite—resisting.” In Houston, no fewer than eleven lawsuits have been filed to challenge the cleanup rules, ten of them by businesses or business groups, according to GHASP, the Galveston-Houston Association for Smog Prevention. Such lawsuits are common not just in Houston, Williams says. “Many areas react with fear instead of being proactive.”

In the fall of 2000, six major Austin employers—Advanced Micro Devices Inc., Intel Corporation, Motorola Inc., Samsung Austin Semiconductor, Solectron Corporation, and Vignette Corporation—agreed to become charter members of the Clean Air Partners program. These companies developed strategies and signed a Memorandum of Understanding with the Clean Air Force to reduce, over a three-year period, employee vehicle-miles traveled by ten percent, or make equivalent emission reductions.

Not many other partners signed up until early this year, when on-line tools were established to provide information and a way to enroll. To date, twenty-four additional companies have joined the original half-dozen charter members as Clean Air Partners.

Rob D’Amico of Transportation Management Group, coordinator for Clean Air Partners, estimates that the thirty businesses now enrolled employ about 23,000 people. Other major companies, he says, “are right on the cusp of signing up,” and are inventorying their emissions and deciding how best to reduce emissions.

While it is certainly commendable that thirty companies are participating, that’s just fifteen percent of the 200 companies that the Greater Austin Chamber of Commerce committed to get signed up from among its own members.

David Balfour, senior vice president of URS Corporation (formerly Radian International) is the volunteer who heads up the Clean Air Partners program for the Greater Austin Chamber. He says hard times are hampering progress. “With the economy like it is, businesses are hunkered down and trying to keep the business on track. It’s hard to take time to do something that has nothing in the world to do with their company.”

Jim Marston of Environmental Defense says the Clean Air Partners program, which his organization helped to start, is “going okay, but not great.” He says, “In economic tough times, things like air pollution are put on the back burner. It’s hard to get in to see business executives.”

Balfour says businesses tend not to understand the important role they play in air pollution: “They say, ‘I don’t have a smokestack; I’m not contributing to the problem.” But, he notes, “Austin’s problem stems from employees who get in their cars and drive to work. Although that’s not the only problem, that’s how most Austin businesses contribute to air quality problems.”

Once employers grasp this fact, Balfour says, they can usually find avenues to do things differently and address the problem of air pollution in a way that makes sense for their business. (See accompanying story, below, “We Can Reduce Ozone Pollution.”)

The extent to which emissions have been reduced by Clean Air Partners is being compiled for the first semi-annual report, which is due to be published this month. Balfour will be looking for ways to recognize achievements by Clean Air Partners, and to identify and help any companies who signed up but have not reduced emissions. “We want to recognize participation,” he says, “not who signed up.”

Being careful to reward only valid achievements is also the goal of Environmental Defense. “Companies are trying to get vindication or praise as part of their program and if that doesn’t happen, some companies are not excited,” Marston says. “Some companies want to be able to advertise that they are being noted by environmental groups as a leader. Groups like Environmental Defense give out praise when we’re certain they are doing something we can praise.”

In fairness, Marston points out that the Clean Air Partners program is the “first of its kind” and, for a program without a successful model to follow, it is understandably slow in building momentum. Which is why efforts are going to be redoubled.

Clean Air Partners has been assisted by the Austin Idea Network, a group of high-tech entrepreneurs who have raised money, developed the web site, and furnished volunteers to help recruit other businesses to join Clean Air Partners.

Capital Metro leads the way

Capital Metro has done a tremendous amount to improve air quality in the Austin area. First and foremost, it provides a proven means of reducing pollution by getting people out of automobiles. For the year ending September 30, 2002, the agency estimated it had transported riders for a total of 32.2 million trips. Of that number, 24.6 million trips involved regular bus service over fixed routes and another 6.7 million trips were aboard the university shuttle. Capital Metro’s paratransit service carried passengers for 500,000 trips, and its vanpool service accounted for another 300,000 trips.

On Ozone Action Days, those days for which the Texas Commission on Environmental Quality forecasts weather conditions and traffic are likely to generate too-high amounts of ozone, Capital Metro provides free bus rides all day, which typically increases ridership about ten percent.

Capital Metro’s buses run on diesel fuel, the standard varieties of which produce high emissions of sulfur, particulate matter (soot), and nitrogen oxides, the latter being a contributor to formation of ground-level ozone. But Capital Metro’s entire fleet is powered by Koch Performance Gold Diesel. This cleaner-burning fuel reduces particulate matter and ozone-forming emissions by fifteen percent to twenty percent, compared to standard diesel fuel. Capital Metro estimates that if every diesel truck in Texas burned Performance Gold Diesel, from a pollution standpoint it would be the equivalent of removing 20,000 trucks from the road. In addition, Capital Metro is working with counterparts in Dallas, Houston and San Antonio to obtain Ultra-Low Sulfur Diesel fuel that would produce emissions, according to Capital Metro President and Chief Executive Officer Fred Gilliam, “almost equivalent to natural gas.”

Capital Metro will soon take delivery of six new hybrid buses manufactured by Advanced Vehicle Systems and plans to put them in operation before the end of the year. These twenty-two-foot buses are powered by a turbine diesel engine that provides power to electric batteries that propel the vehicle. Emissions are about a tenth of the 2003 standard allowed for diesel bus engines. In addition, Gilliam says Capital Metro expects to take delivery of a couple of forty-foot hybrid buses in the spring. And the agency is working with a bus manufacturer to explore the feasibility of retrofitting existing buses.

The light rail plan that Capital Metro had devised was narrowly defeated by voters in November 2000. From an air-quality perspective, that was a major blow to long-term plans for reducing dependence upon emission-spewing automobiles. Gilliam, who was named president and chief executive officer April 29, 2002, says the board of directors decided not to hold another referendum on light rail this year. Work is currently underway to develop a more comprehensive plan that also examines bus rapid transit, park-and-ride locations, neighborhood centers and more bus service. “We are certainly going to involve the community in the process and be sure we have support,” Gilliam says. “We’re trying to make sure we get everyone involved.” He says the new comprehensive plan should be completed “no later than early 2004.” That would provide plenty of time to hold a referendum in November 2004, should the Capital Metro board vote to do so.

While light rail is on the back burner and a new comprehensive plan is in the making, Capital Metro is allocating twenty-five percent of the sales taxes it collects to local governments. Most of that money is being spent for roads, Gilliam says. He hopes the next session of the Texas Legislature, which starts in January 2003, will not derail plans by coming after Capital Metro’s sales tax. “We’re continuing to work with everyone in office and aspire to be given their trust and respect,” Gilliam says. “This would be the wrong time to change the structure. Air-quality problems and congestion will not go away.”

The bottom line for Capital Metro, Gilliam says, is “We’re committed to do everything we can to produce pollution-free service.”

City of Austin sets example

The City of Austin has been a leader in implementing ways to reduce ozone pollution. The Ozone Reduction Strategies Status Report published in February 2002 details a wide array of actions the city has taken to reduce emissions that contribute to ground-level ozone. The city’s overarching goal is to lower emissions of nitrogen oxide (NOx), one of the two primary precursors of ozone. (For more about ozone and precursors, see accompanying story, below, “Ozone and the Law.”)
The report notes that to bring the Austin area’s air quality into compliance with the eight-hour standard for ozone, “…many area organizations—particularly large employers—will need to adopt these strategies. It is the cumulative impact that will return ground-level ozone to healthful concentrations in this region.” Fred Blood, the city’s sustainability officer and primary author of the Status Report, says, “We have made baby steps in that direction, mostly through the Clean Air Partners.”

It will take a great deal more action than was committed to in the O3 Flex Agreement to comply with the eight-hour standard. The Austin area must reduce emissions by twenty to thirty tons, Blood says, and the O3 Flex Agreement-if carried out-will reduce emissions only by three to four tons. “The fact that we’re doing anything when not required by law is great, but we need to do ten times more.”

The actions carried out by the City of Austin are far too voluminous to list here, as there are ten strategies and within each strategy there are multiple initiatives under way, but a sample indicates what’s possible: One strategy is to voluntarily reduce vehicle trips taken by employees through telecommuting, compressed work weeks, promoting the use of carpools and vanpools, improving facilities for bicyclists and walkers, and providing incentives for employees willing to forgo a parking space. These measures are estimated to have saved five million vehicle miles annually.

Another strategy is to reduce emissions from fleet vehicles. The city operates four city-owned propane stations and has almost a thousand vehicles equipped to run on propane—which they do about eighty percent of the time, Blood says. That’s particularly noteworthy, he says, when considering that some fleet operators have skirted the intent of EPA standards by equipping vehicles to run on alternate fuels but not actually using alternate fuels.

Because of the particularly high emissions spewed out by diesel trucks, Blood says they are his “number-one enemy,” but private businesses using those vehicles can do better. “H.E.B. Grocery Company is one of my heroes,” Blood says, noting the work that our area’s dominant grocery chain is doing to improve its fleet.

Kate Brown, H.E.B.’s public affairs director for the Austin area, says twenty-two of the company’s seventy diesels operating in the Houston area run on liquefied natural gas (LNG) about ninety percent of the time, and on diesel the rest of the time. Houston was picked for this experiment because it has the worst air quality in any of the grocer’s Texas markets, and because it has sufficient LNG refueling stations. “It cost $32,000 per vehicle to make the conversion,” Brown says. So far, she says, “LNG vehicles have not been as good as the rest of the fleet,” but H.E.B. mechanics are working through the issues and improvements have been made. “It’s definitely the right thing to do for the environment,” Brown says. To expand the program into other markets, she adds, “It must also be good for the business.”

One simple measure that can go a long way to reduce tailpipe emissions is to cut the amount of time vehicles spend idling. This may be achieved by keeping traffic moving, which is top priority for the city’s program for synchronizing traffic lights, and by discouraging idling at places like drive-through restaurants. The city prohibits idling for more than five minutes at its own loading docks, Blood says, and there is a “high probability the city could pass a citywide ordinance” to address this opportunity for reducing emissions.

As the owner of power plants, the City of Austin has done much to reduce emissions from power generation. The Holly Power Plant and Decker Power Plant are older plants within the city limits, and Holly, located in the East Austin barrio, has drawn ongoing criticism from nearby residents concerned about safety and noise. When it comes to emissions, however, a report prepared in 1999 by John Villanacci, co-director of the Environmental Epidemiology and Environmental Division for the Texas Department of Health, stated that “when natural gas is used as fuel, the predicted ambient air quality impacts are such that they would not pose a threat to public health.”

Ed Clark, communications director for Austin Energy, says, “Holly and Decker are two of the cleanest plants in Texas for their age.” Clark says these plants produce about 1,700 tons of nitrogen oxide per year, compared to about 33,000 tons a year produced by on-road and off-road vehicles. The Holly plant has not used fuel oil for about a decade, he says, and Decker used it only for a couple of weeks when natural gas prices spiked.

The South Texas Project, a nuclear facility in Bay City, Matagorda County, produces few if any emissions that contribute to ozone pollution.

The city’s new Sand Hill Power Plant, which came on line last year in Del Valle, is a natural gas plant with low emissions that only runs during periods of peak demand.

The City of Austin and the Lower Colorado River Authority (LCRA), deserve considerable recognition as co-owners of Fayette Power Plant, located in Fayette County, and managed by the LCRA. Although the Fayette generators burn coal, a leading source of air pollution, Ken Manning, the LCRA’s manager of environmental policy, says, “We will spend a total of $130 million to reduce emissions at this facility.” Only $30 million of that was mandated by a Texas Natural Resource Conservation Commission (now Texas Commission on Environmental Quality) under a rule that requires all old plants to cut nitrogen oxide (NOx) emissions by half, Manning says. The extra $100 million investment to equip Units 1 and 2 with sulfur dioxide scrubbers is strictly voluntary. “Ultimately this flies in the face of the Bush administration efforts to back off on New Source Review,” Manning says.

Austin-Bergstrom International Airport was designed to reduce emissions associated with commercial aircraft operations. High-speed exits move aircraft swiftly from runway to gate, burning less fuel. All passenger-loading bridges at the airport terminal supply power, potable water, and air conditioning to docked airplanes. This eliminates supply vehicles and two large diesel engines that would otherwise be needed for power and air conditioning at each gate, and prevents an estimated 200 tons a year of emissions. In addition, the airport utilizes propane-powered buses to shuttle travelers and employees from the parking lot to the terminal.

How to clean our air

The good news is that all these actions have already been taken to reduce the pollution that plagues our skies. The bad news is we have so very far to go before Central Texas meets the eight-hour standard for ozone, and area residents can breathe healthier air. We can’t really clean our air but can only act to pollute less.

Our options are pretty straightforward, actually:

We could pray that good weather in future years will magically reduce ozone concentrations so that we don’t continue to violate the standards. In other words, we hope for a deus ex machina solution, for the hand of God to intervene and resolve our problems. Fat chance.

We could hope that the Bush administration succeeds in rolling back environmental protection so we’re not forced to clean up the air. That would call off the regulatory dogs—but it would not keep us from sucking up unhealthy air that is ruining our health and the health of our children, and prematurely killing people with chronic breathing problems.

Or we can realize that after four straight years of violating the eight-hour ozone standard, we must take action to drastically reduce the pollution we have been so blithely spewing skyward. Under this scenario, we can either wait until the litigation is resolved, the EPA issues its final rule, and officially designates the Austin region as a nonattainment area—probably sometime in 2004—or we can join a brand-new program called the “Early Action Compact.”

The Early Action Compact is a program under which voluntary Early Action Plans can be developed through an agreement between local, state, and EPA officials for areas that are in attainment for the one-hour ozone standard but approach or monitor exceedances of the eight-hour standard. The Austin area meets those prerequisites. Early Action Plans must include all necessary elements of a comprehensive air-quality plan, but will be tailored to local needs and are driven by local decisions.

The Early Action Compact offers some big carrots for participation: As long as the milestones are being met, then the area will not be designated as a non-attainment area for the eight-hour ozone standard. That’s especially important when you realize that the federal government can withhold funds for road improvements in nonattainment areas.

The Early Action Compact allows a locally designed plan that fits the area’s needs to go forward, once approved by the state and EPA, and not force the area into the cookie-cutter approach that would otherwise be mandated. Hence, local officials retain great flexibility as long as the Early Action Plan is being properly implemented. “Instead of ‘Thou Shalt Do This,’ local people get to choose,” says Kate Williams of the Texas Commission on Environmental Quality. “Being able to retain control at the local level is an extraordinary amount of power never seen in a State Implementation Plan process.”

San Antonio, which like Austin is a near-nonattainment area for violation of the eight-hour ozone standard, has already drafted a Clean Air Plan that incorporates the Early Action Compact.

Elected officials in the Clean Air Coalition of Central Texas are scheduled to consider a first-draft document that could lead to development of an Early Action Compact on Wednesday, October 9. The meeting is scheduled noon to 1pm in the board room of the Capital Area Planning Council, 2512 S. I-35, Suite 220. The Clean Air Coalition can’t delay the decision for long, however. An Early Action Compact must be completed and signed by local officials, the Texas Commission on Environmental Quality, and EPA by December 31.

The protocol for the Early Action Compact has already been approved by the Texas Commission on Environmental Quality and the EPA, but Kate Williams says the Early Action Compact was a direct result of the advocacy of the Alamo Area Council of Governments in San Antonio and the Clean Air Coalition leaders in Central Texas led by then-Mayor Kirk Watson. That advocacy led to the O3 Flex Agreement to address the one-hour ozone standard and it laid the groundwork for the Early Action Compact. Williams says the Texas Commission on Environmental Quality worked with the EPA and Environmental Defense in drafting the protocol.

An Early Action Compact must meet rigid milestones: By December 31, 2002, the compact, detailing the milestones for how the area will create its Early Action Plan, must be finished and signed. In 2003, technical work must be completed and control measures developed. In 2004, the Early Action Plan must be completed and integrated into the Texas Commission on Environmental Quality’s State Implementation Plan for submission to the EPA. In 2005, all control strategies must be implemented. In 2006, the local area reviews progress, makes reports, and updates the plan as needed. In 2007, the area must reach attainment of the eight-hour ozone standard. In 2008, the EPA designates the area as being in attainment, with no further requirements.

In a sense the Early Action Compact provides political cover for elected officials who would like to improve air quality but face possible opposition from a populace that is not necessarily aware of what’s at stake for public health and the economy. “It will take serious, hard-core measures to clean up the air in the Austin area, and it’s hard for elected officials to make those decisions if they don’t have support from the state and federal levels,” Kate Williams says. “That’s what the Early Action Compact does-provide support.”

Mayor Garcia, who is a board member of the Clean Air Coalition, says the need to educate the public has already been recognized, but beyond the efforts made by the Clean Air Force and the work done to recruit Clean Air Partners, not much has been done to reach the larger population. “We need to have a campaign that really gets the message to the people,” he says. “People don’t believe we have air-quality problems.” Garcia says that consultant EnviroMedia Inc. had proposed a public campaign comparable to the venerable “Don’t Mess With Texas” program, but when it became necessary to fund the campaign, “nobody came to the table.”

“We need that campaign,” the mayor says. “There are still too many (Chevrolet) Suburbans. There are still too many (Ford) Excursions. There are still too many people driving all the way from Luling, Bastrop, Dripping Springs, and Lakeway in their SUVs and their one-and-a-half ton trucks. These people don’t believe there are any air-quality problems.” (Garcia, by the way, is doing his share to lower emissions; he recently bought a Toyota Prius, a hybrid vehicle that gets about twice the mileage of similar sized cars and produces eighty percent fewer emissions.)

Williamson County Commissioner Mike Heiligenstein chairs the Clean Air Coalition. Does he support the idea of entering an Early Action Compact? “Absolutely—I think it’s worth a shot,” he says. “Whether it solves the problems or not, I don’t know. There has to be quantifiable goals and we have to meet them…We hope to get the support of industry.” Heiligenstein says he thinks that the other elected officials in the Clean Air Coalition will choose to support the Early Action Compact, just as they supported the O3 Flex Agreement.

What control measures?

Deciding what specific actions will be included in an Early Action Plan to reduce ozone pollution is something that will come later. All we know at this point is that the measures must not only reduce existing sources of ozone pollution drastically, but must do so despite growth in the population and industrial expansion.

Fortunately, we have a national expert in our midst to help determine what steps will be appropriate. Dr. David T. Allen is Reese Professor of Chemical Engineering and director of the University of Texas Center for Energy and Environmental Resources. He served as vice chair of the Committee on Vehicle Emission Inspection and Maintenance Programs for the National Research Council.

Allen has been studying Austin’s air quality for about five years. Some basic principals of his research are rooted in the concept that we have many of the same events happen most every day, such as industrial emissions and vehicular traffic, and weather is the main variable. The research involves studying representative historical episodes and developing a photochemical model to see if the model could have predicted what was observed in the historical episode. Once workable models are developed, they could be used to project into the future what emission control measures would be most effective in reducing ozone pollution. One type of model would be used, for example, to describe vehicle emissions and what emission reductions you might expect to achieve with specific actions, such as implementing a vehicle Inspection and Maintenance (I&M) Program or changing the speed limits.

A Texas I&M Program was legislated in the mid-nineties and was actually implemented under Governor Ann Richards’ administration. By January 1995, fifty-five testing stations were in operation to test vehicle emissions in Dallas-Tarrant County, Houston-Galveston, and Beaumont areas, but the Republican sweep of state offices in November 1994 brought cancellation of the program under newly elected Texas Governor George W. Bush. The Texas Legislature repealed the program in 1995, a decision that eventually resulted in a $200 million judgment against the State of Texas, in favor of contractors Tejas Testing I and II, says attorney Steve Bickerstaff, who led the team of Austin lawyers that represented the plaintiffs. Now in 2002, Texas is implementing a plan for mandatory emissions testing and repair of motor vehicles in certain parts of the state, a move that Bickerstaff calls “too little, too late.” Nevertheless, an I&M program may well be part of the Central Texas solution for reducing ozone levels, says Commissioner Heiligenstein. The Texas Vehicle Emissions Testing Program, also known as AirCheck Texas (“So we can breathe it. Not see it.”) currently applies to vehicle owners in Dallas, Tarrant, Harris, El Paso, Collin and Denton counties.

One consequence of an I&M Program is that its whole purpose is to find those vehicles that are polluting too much and either get them fixed or retire them. That might mean that low-income people, driving old cars they can’t afford to get fixed, would be hit hardest. Fortunately, the state has a program to assist low-income vehicle owners with repair, retrofit, and accelerated vehicle retirement.

It would seem that people might not be too crazy about the idea of being forced to get their vehicle emissions tested annually, pay an extra fee to do so, and be required to make vehicle repairs if necessary to limit emissions to acceptable levels. But a survey conducted by NuStats Market Research for the Clean Air Force of Central Texas indicated that the idea of tailpipe testing might be acceptable. The survey, conducted July 10-17, 2001, involved 199 residents selected at random from Bastrop, Caldwell, Hays, Travis and Williamson counties. Even when informed that a mandatory inspection program would cost them money, seventy-three percent of respondents reported being very likely or somewhat likely to support the fee. “It seems the majority of the population is willing to take responsibility for the maintenance of their vehicles in order to reduce ozone concentrations and improve air quality,” the report states. This sentiment seemed to hold true across the entire income spectrum.

But when it comes to speed limits, fuhgedaboudit. The NuStats survey didn’t even ask about the acceptability of lowering speed limits. When Houston was forced to cut the speed limit to fifty-five mph, people were outraged.

Broad public support needed

For now, the possible control measures needed to clean our air are being modeled, and it will be many months before elected officials are ready to propose specific actions. Further, the Protocol for Early Action Compacts requires broad-based local public input. Which is a good thing, because as a practical matter, it will do elected officials no good to promise control measures in the Early Action Plan that the public will not support. So don’t expect to see them floating the idea of reducing the speed limit.

The need to win public backing for the Early Action Plan is going to require an extraordinary amount of regional cooperation, first from the public officials who must sign the Early Action Compact, and then from the general public, upon whom achieving the necessary emission reductions depends. This will place unprecedented demands upon all citizens.

In a sense, the demands are analogous to the City of Austin’s recycling programs; the city can pick up recyclable glass, aluminum and paper products only if residents will sort their trash and put recyclables on the curb. This is indeed a minor imposition on ordinary citizens when compared to actions such as: keeping their vehicles tuned up; not driving to work or school alone; considering at least some of the time—and especially on Ozone Action Days—participating in carpooling or vanpooling, walking, or riding a bus or bicycle; participating in compressed work weeks and telecommuting to cut the number of days spent driving back and forth to work; getting out of the car and going inside to fetch hamburgers instead of idling in the drive-through lane; not filling the gas tank until after 6pm; and not using gasoline-powered lawnmowers, weed eaters, and leaf blowers until after 6pm.

In the end, the onus is on the individual who, once made aware of how each of us is dirtying the air, will see the wisdom of being part of the solution and not just part of the problem.

This story has focused upon the air quality in Central Texas and specifically on ozone. Ultimately, reducing emissions concerns matters of even greater importance, including global warming and dependence on foreign oil that has at times caused major disruptions to the American economy. Yet our gluttony for oil grows ever more insatiable.

Today, light trucks—which were allowed to meet a lower fuel economy standard when Congress established Corporate Average Fuel Economy standards in 1975—accounted for nearly fifty percent of the new vehicle market as of September 2001. In a report titled Increasing America’s Fuel Economy (see accompanying article, below, “Air Quality Resources”) “In 2001, the average fuel economy of new vehicles sold was at its lowest point since 1980. The proliferation of SUVs takes advantage of a loophole that allows what are essentially passenger cars to comply with the lower light truck standards, driving up the use of oil.”

What price must be paid to get that precious fuel into our gas tanks? Under the first President Bush, oil was the root cause of the Gulf War. Now another President Bush is rattling the saber and threatening another war against his father’s nemesis. Another war in the Middle East will not only destabilize the region politically but threatens to disrupt oil supplies or oil send prices skittering to who knows where.

As Rob Nixon wrote in an op-ed piece for the New York Times October 29, 2001, “For seventy years, oil has been responsible for more of America’s entanglements and anxieties than any other industry…The most decisive war we can wage on behalf of national security and America’s global image is the war against our own oil gluttony.”

Save fuel, save the country, and save our air. It’s up to each of us.

Ken Martin, editor of The Good Life, is busy making an appointment to get his car tuned up and reporting smoke belching vehicles.

 

Ozone and Your Health

Three-year-old Jesse Saucedo has made several trips to the emergency room in his young life. He was a premature baby, and he still experiences breathing difficulties, with episodes of a “terrible cough” that come on every two or three months. Jesse’s mother, Carol Saucedo, says, “I told the doctor that on days when he’s having trouble breathing, I’ve noticed these are also bad air-quality days.” As a result, Saucedo says, “When this happens, I have him play inside instead of outside.”

Jesse has not been hospitalized for the ailment, and since his parents obtained a nebulizer to administer medications when his asthma flares up, he hasn’t had to go back to the emergency room.

Jesse Saucedo is just one example of a growing incidence of asthma. In fact, asthma is so prevalent that it’s even showing up in major Hollywood motion pictures: In Signs, the latest supernatural thriller from director M. Night Shyamalan (The Sixth Sense and Unbreakable), the character played by Mel Gibson has a son whose asthma affliction plays a key role in the plot.

But asthma and other breathing difficulties are anything but fictional. From 1994 to 1998, the last five years for which local statistics are available, eighty-one people died of asthma within the five-county area centered on Austin, according to the Texas Department of Health. Forty-eight of those deaths occurred in Travis County. Statewide, the rate of deaths from asthma has increased appreciably from 1980 through 1998, and more than 4,800 people were felled by the disease.

A study released last year by the Centers for Disease Control and Prevention showed that decreased citywide use of automobiles in Atlanta during the 1996 Summer Olympics led to improved air quality and a large decrease in childhood emergency room visits and hospitalizations for asthma. “Our study is important because it provides evidence that decreasing automobile use can reduce the burden of asthma in our cities and that citywide efforts to reduce rush-hour traffic through the use of public transportation and altered work schedules is possible in America,” said Michael Friedman, MD, epidemiologist in CDC’s environmental health program and lead author of the study published in the February 21, 2001, edition of Journal of the American Medical Association.

While many factors other than poor air quality can trigger an asthma attack, children, along with elders and others with breathing problems, are particularly susceptible to a witches brew of air pollution that results in high levels of ground-level ozone.

Bennie McWilliams, MD, is director of Pulmonary Pediatrics at the Children’s Hospital of Austin. He sees many children who, like Jesse Saucedo, suffer with breathing difficulties, some of which are exacerbated by high levels of ozone. Pound for pound, young children breathe more air than adults, and their lungs are in the early stages of development, McWilliams says. “The highest susceptibility is when kids are old enough to go outside and play outside,” he says. “Children should be limited in outside activities on Ozone Action Days.”

McWilliams sees such a strong correlation between air quality and children’s health that he serves on the board of the Clean Air Force of Central Texas, a nonprofit organization dedicated to improving air quality.

Ozone can harm human health

According to the US Environmental Protection Agency (EPA), roughly one of every three people in the United States is at a higher risk of experiencing ozone-related health effects.

Active children are at risk because they often spend a large part of the summer playing outdoors.

People of all ages who are active outdoors are at risk because during physical activity, ozone penetrates deeper into the parts of the lungs more vulnerable to injury.

People with respiratory diseases such as asthma may experience effects earlier, and at lower ozone levels, than less sensitive individuals.

Ozone can irritate the respiratory system and cause coughing, throat irritation, and uncomfortable sensations in the chest. Ozone can reduce lung function and make it more difficult to breathe deeply and vigorously. Breathing may become more rapid and shallow than normal. This reduction in lung function may limit a person’s ability to engage in vigorous outdoor activities.

Ozone can aggravate asthma. When ozone levels are high, more people with asthma have attacks that require a doctor’s attention or the use of additional medication. One reason this happens is that ozone makes people more sensitive to allergens, the most common triggers of asthma attacks.

Ozone can increase susceptibility to respiratory infections. Ozone can inflame and damage the linings of the lungs. Within a few days, the damaged cells are shed and replaced, much like the skin peels after a sunburn. Animal studies suggest that if this type of inflammation happens repeatedly over a long time period (months, years, a lifetime), lung tissue may become permanently scarred, resulting in less lung elasticity, permanent loss of lung function, and a lower quality of life.

Air Quality Index

To help protect human health, nine Texas communities, including Austin, are participating in the Ozone Forecast Program conducted by the Texas Commission on Environmental Quality (formerly Texas Natural Resource Conservation Commission). The forecasted peak ozone concentrations are published on-line each day at Today’s Ozone Forecasts. The forecast is updated by roughly three o’clock each afternoon.

The forecasted ozone levels are classified within an Air Quality Index (AQI) that may be used as a guide to protect human health. The AQI is depicted on a scale from zero to 500; the lower the number, the better for health. The AQI is also published daily in the Austin American-Statesman.

The AQI ratings and attendant health concerns are as follows:

Zero to 50—The air quality forecast is good and there are no precautions for health.

51 to 100—The air quality forecast is moderate. Unusually sensitive people should consider limiting prolonged outdoor exertion.

101 to 150—The air quality forecast is unhealthy for sensitive groups. Active children and adults and people with respiratory disease such as asthma should limit prolonged outdoor exertion.

151 to 200—The air quality forecast is unhealthy. Active children and adults and people with respiratory disease such as asthma should avoid prolonged outdoor exertion.

201-300—The air quality forecast is very unhealthy. Active children and adults and people with respiratory disease such as asthma should avoid all outdoor exertion; everyone else, especially children, should limit outdoor exertion.

301 to 500—The air quality forecast is hazardous and everyone should avoid all outdoor exertion.

—Ken Martin
Ozone and the Law

 

There is “good ozone” and “bad ozone.”

According to the US Environmental Protection Agency (EPA), the good kind occurs naturally in the earth’s upper atmosphere, ten to thirty miles above the earth’s surface, where it forms a shield that protects us from the sun’s harmful ultraviolet rays. This beneficial ozone, however, is being destroyed by manmade chemicals. An area where atmospheric ozone has been significantly depleted, for example over the North Pole or South Pole, is called a “hole in the ozone.”

The bad ozone is formed in the earth’s lower atmosphere when pollutants react chemically in the presence of sunlight. Ozone at ground level is a harmful pollutant, and is of concern during summer months, when the weather conditions needed to form it occur.

Ground-level ozone is one of six contaminants the EPA has designated as a “criteria air pollutant.” (The others are carbon monoxide, sulfur dioxide, nitrogen dioxide, particulate matter, and lead.) The EPA limits such pollutants by setting a “primary standard,” based on scientific information about what is needed to protect the public health. The standard is formally known as the National Ambient Air Quality Standard.

A geographic area in which the air quality does not exceed the primary standards is called an “attainment area.” An area that does not meet the primary standards is called a “nonattainment area.” The EPA is responsible to designate nonattainment areas when any of the criteria air pollutants exceed the permitted levels.

Unlike other criteria air pollutants, ozone is not emitted directly into the air by specific sources. Ground-level ozone is created by sunlight acting on nitrogen oxide (NOx) and volatile organic compounds (VOCs), which are known as “precursor emissions.” There are thousands of sources of NOx and VOCs. Common sources of NOx include automobiles, trucks, construction equipment, power plants, industrial processes and household products such as hair sprays, paints, and foam plastic items. VOCs include many organic chemicals that vaporize easily, such as those found in gasoline and solvents. VOCs are emitted from many sources, including gasoline stations, motor vehicles, airplanes, trains, boats, petroleum storage tanks and oil refineries. In addition, biogenic (natural) emissions from trees and plants are a major source of VOCs. NOx and VOC emissions can be carried by winds for hundreds of miles from their origins and result in high ozone concentrations over very large regions.

The concentration of ozone in the air is determined not only by the amounts of ozone precursor chemicals, but also by weather and climate factors. Intense sunlight, warm temperatures, stagnant high-pressure weather systems, and low wind speeds cause ozone to accumulate in harmful amounts.

The EPA revised the primary standard for ground-level ozone in 1997. Until then, the “one-hour standard” was that ozone concentrations of 0.125 PPB (parts per billion) or above exceeded the standard. The standard is not to be exceeded in an area more than three times in three consecutive years at the same monitoring site. If the standard is exceeded four times in three years at one monitoring site, then the area is in violation of the standard and no longer in “attainment.” Four areas in Texas-Houston-Galveston-Brazoria, Beaumont-Port Arthur, Dallas-Fort Worth, and El Paso-are in nonattainment for the one-hour standard. The one-hour standard continues to apply to those communities which were not in attainment of that standard in July 1997.

The EPA announced an “eight-hour standard” in July 1997 and uses it to judge the air quality of all other communities. The standard is that the average of the annual fourth-highest daily maximum eight-hour average reading over a three-year period must be less than 85 PPB.

For the Central Texas air-quality region (which includes Travis, Williamson, Hays, Bastrop and Caldwell counties), ozone concentrations are continually monitored at two sites: Murchison Junior High School, 3724 North Hills Drive, and the Audubon site at 12200 Lime Creek Road.

A third monitoring site that is listed on the TCEQ web site for the Austin area is located in Fayette County. Since that site is not within the five-county metro area, however, its readings are not counted against the Austin area for the purposes of compliance. To date, the fourth-highest ozone reading at the Fayette site has not exceeded 80 PPB.

The Texas Commission on Environmental Quality (formerly the Texas Natural Resource Conservation Commission) publishes on its web site the details aboutNational Ambient Air Quality Standards.

The Four Highest Eight-Hour Ozone Concentrations for the years 1997 through 2009  for all Texas air-quality regionsare also available on the Texas Commission on Environmental Quality web site.

—Ken Martin

 

Air Quality Resources

There is a mountain of information and numerous organizations available for anyone interested in learning more about how to clean up air pollution. What follows is a sample of resources reviewed in preparation of the accompanying story, “Waiting to Inhale,” along with a brief description of each:

Organizations
Capital Metro—The only provider of public transportation serving the Greater Austin area is actively pursuing emissions reduction measures while maintaining its commitment to reliable service that gets people where they need to go. Capital Metro also provides a matching service to help people find vanpools and carpools to reduce the need to drive. Apply for these services on-line at www.capmetro.austin.tx.us/fbridepro.html or call 477-RIDE. For bus routes and schedules, call Capital Metro’s Go Line at 512-474-1200.

City of Austin Air Quality Program—Information is available on-line at www.ci.austin.tx.us/airquality. (This link is no longer functional.)

Clean Air Coalition of Central Texas—This is a coalition of county judges and mayors of cities from Bastrop, Caldwell, Hays, Travis and Williamson counties that are setting policy for air quality measures in this region. For more information, call the Clean Air Force at 512-916-6047.

Clean Air Force of Central Texas—This is a nonprofit organization working to reduce air pollution in Central Texas. For details, visit www.cleanairforce.org or call 512-916-6047.

Clean Air Partners—The program’s purpose is to enlist the help of businesses and their employees in the effort to keep our city livable, healthy, and prosperous. For details, visit www.cleanairpartnerstx.org or call Transportation Management Group, program coordinator, at 512-350-6581.

Center for Air Quality Studies—A division of the Texas Transportation Institute, Texas A&M University. Its mission is to help Texas and national agencies find ways to improve air quality to meet federal standards. See http://tti.tamu.edu/inside/centers/cfaqs or call Brian Bocher, director, at 979-458-3516.

Drive Clean Across Texas—This program is touted as the nation’s first statewide public outreach and education campaign designed to improve air quality. The goal is to boost awareness and change attitudes about air pollution, and to ultimately inspire changes in driving behavior that will help clean up the air in Texas. The campaign is jointly sponsored by the Texas Department of Transportation, Texas Commission on Environmental Quality, and Federal Highway Administration. For details, visit www.drivecleanacrosstexas.org.

Galveston-Houston Association for Smog Prevention—This is a community-based environmental organization dedicated to improving the quality of the region’s hazardous air through public education, participation in the state and federal planning process, and active advocacy in appropriate venues. For details, visit www.ghasp.org or call 713-528-3779.

Safe Routes Texas—This is a construction program administered by the Texas Department of Transportation. Its goal is to provide school children with a safe route to walk or bike to school, thus reducing motor vehicle trips. For details, visit www.saferoutestx.org.

Sustainable Energy and Economic Development Coalition—This Austin-based nonprofit organization advocates for clean air and clean energy. For details visit www.seedcoalition.org or call 512-637-9481 or 512-797-8481.

Texas Bicycle Coalition—This Austin-based nonprofit advocacy organization works to advance bicycle access, safety and education. For details, visit www.biketexas.org or call 512-476-RIDE.

Reports
2009 Annual Urban Mobility Report, published by the Texas Transportation Institute, Texas A&M University. The report identifies trends and examine issues related to urban congestion, and is available on-line at http://mobility.tamu.edu. [Note: Date of report updated 10-14-09.]

City of Austin Ozone Strategies, a  guide to the strategies and initiatives undertaken by the city to vastly reduce its emissions of ozone precursor emissions. The information in this report provides a wealth of ideas that could be adopted by private businesses and other organizations.

Clean Air Plan for the San Antonio Metropolitan Statistical Area. This draft is designed to enable a local approach to ozone attainment and to encourage early emission reductions that will help keep the area in attainment of both the one-hour and eight-hour ozone standard, and so protect human health. The plan is available on-line at www.aacog.dst.tx.us/cap/CAP2002.html#1. The report provides a model with which to compare the similar plan being drafted by the Clean Air Coalition of Central Texas for the Austin region.

Do Something: City of Austin Air Quality Program, provides a variety of information about how we can help make air cleaner, available on-line at www.ci.austin.tx.us/airquality.

Impact of Changes in Transportation and Commuting Behaviors During the 1996 Summer Olympic Games in Atlanta on Air Quality and Childhood Asthma. An ecological study prepared by the Centers for Disease Control and Prevention, published in the Journal of the American Medical Association, which shows that limiting commuter trips improves air quality and reduces emergency room visits and hospitalizations for children with asthma. Available on-line at jama.ama-assn.org/cgi/content/abstract/285/7/897.

Increasing America’s Fuel Economy: The Fastest, Cheapest, Cleanest Way to Reduce Oil Dependence, published in February 2002 by the Alliance to Save Energy, American Council for Energy-Efficient Economy, Natural Resources Defense Council, US Public Interest Research Group, Sierra Club, and Union of Concerned Scientists. The report is no longer available on-line but other information about increasing fuel economy can be found online at ase.org/content/article/detail/6062.

Latest Findings on National Air Quality: Air Trends, published by the US Environmental Protection Agency, is available at www.epa.gov/airtrends/index.html.

New Source Review, the official version of recommendations prepared for President Bush by the US Environmental Protection Agency concerning the impact of the regulations on investment in new utility and refinery generation capacity, energy efficiency, and environmental protection. For another viewpoint, read State of the Air: 2002 (see below).

O3 Flex Agreement, a voluntary local approach to encourage emission reductions that will keep Central Texas in attainment of the one-hour ozone standard, while also working toward the health benefits envisioned in the eight-hour ozone standard.

Protocol for Early Action Compacts Designed to Achieve and Maintain the 8-Hour Ozone Standard, published by the Texas Commission on Environmental Quality (formerly Texas Natural Resource Conservation Commission). The protocol is available on-line at www.tceq.state.tx.us/implementation/air/sip/eac.html.

State of the Air: 2009, published by the American Lung Association, a group that insists that all of the provisions of the nation’s Clean Air Act be enforced. The report is available at www.stateoftheair.org.

Surviving and Thriving Without Driving: A Field Guide to Goods and Services in Downtown Austin, published by the City of Austin to promote the use of public transit and human-powered transportation in downtown Austin. [Note: As of 10-14-09 this report was no longer accessible online.]

The Plain English Guide to the Clean Air Act, published by the US Environmental Protection Agency, is available on-line at www.epa.gov/air/caa/peg.

The Plain English Guide to Tailpipe Standards, published by the Union of Concerned Scientists. The report is available on-line at www.ucsusa.org/clean_vehicles/vehicle_impacts/cars_pickups_and_suvs/the-plain-english-guide-to.html.

Vehicle Emissions Testing in Texas, also known as AirCheck Texas (“So we can breathe it. Not see it.”) currently applies to Dallas, Tarrant, Harris, El Paso, Collin and Denton counties. Information about the program is available on-line at www.tceq.state.tx.us/implementation/air/mobilesource/vim/overview.html. This is a resource for comparing any future vehicle emissions testing program that may be advocated for use in Central Texas.

—Ken Martin

We Can Reduce Ozone Pollution

In the Austin area, the ozone season for 2002 runs from April 1 through October 31. The Texas Commission on Environmental Quality (TCEQ) designates an Ozone Action Day for the Austin area for each day in which ozone concentrations are forecasted to reach 85 PPB (parts per billion) averaged over an eight-hour period. Ozone Action Days are announced by all major media outlets to alert the public to take voluntary actions to help reduce the formation of ground-level ozone.

The TCEQ provided the following ten tips that citizens can use to help prevent ground-level ozone: Share a ride to work or school. Avoid morning rush-hour traffic. Walk or ride a bicycle. To avoid the need for extra travel, take your lunch. Combine errands to reduce trips. Avoid drive-through lanes, where automobiles must idle for extended periods. Postpone refueling until after 6pm. Don’t top off your gas tank when refueling. Postpone using gasoline engines such as lawnmowers until after 6pm. Keep your vehicle properly tuned to reduce emissions.

One way to avoid driving is to ride the bus. Capital Metro makes it easy by making the ride free on Ozone Action Days. Capital Metro also offers a vanpool program and will facilitate finding people to carpool with through its matchmaking service. You can apply for these services on-line at www.capmetro.austin.tx.us/fbridepro.html. Or call 477-RIDE to get matching information about carpools and vanpools. For bus routes and schedules, call Capital Metro’s Go Line, 474-1200.

We can also help by reporting vehicles that appear to be spewing out extraordinary amounts of smoke from their tailpipes. The Texas Commission on Environmental Quality provides a “Smoking Vehicle Program” through which anyone caught in traffic behind a car, truck or bus that is emitting smoke can take action. If that smoke is billowing out for more than ten consecutive seconds, write down the license number, date, time, and location you saw the smoking vehicle. Within thirty days, call 1-800-453-SMOG or go on-line and make the report at www.tceq.state.tx.us/implementation/air/mobilesource/vetech/smokingvehicles.html. You do not have to identify yourself and the report is free. The state agency will get word to the vehicle owner. Although fixing the car is voluntary, thousands of vehicle owners have replied saying they have done so. Experts on tailpipe emissions say that about ten percent of the vehicles on the road account for about fifty percent of the emissions, so waking up these heavy polluters is definitely worth the effort.

How employers can help

Employers can play a big part of solving area air pollution problems. They can: Shift work schedules to allow employees to avoid morning rush-hour traffic. Allow employees to work at home through telecommuting. Offer bus passes. For employees who rideshare or use public transportation, provide a guaranteed emergency ride home. (Capital Metro offers a guaranteed ride program only to vanpool, express, and flyer service riders operating exclusively within the Capital Metro service area.) Carpool to lunch and meetings. Schedule meetings that don’t require driving, either by meeting on site or by making conference calls. Offer free drinks to encourage employees to eat at work. Postpone fueling company vehicles until after 6pm. Postpone working with mowers, bulldozers, backhoes, tractors and any two-cycle engine activities. Delay painting, degreasing, tank cleaning, ground maintenance and road repair. Postpone routine flaring or venting of hydrocarbons. Postpone the loading and hauling of volatile organic compounds (VOCs). Postpone VOC-producing activities such as chemical treatment and catalyst preparation. Switch loads to fired heaters or boilers with low nitrogen oxide burners.

These suggestions are only the beginning of what can be done to make Austin’s air quality a whole lot better. For more ideas, explore the reports and contact the organizations listed in the accompanying article, “Air Quality Resources.”

—Ken Martin
This was originally published in The Good Life magazine in October, 2002

Beyond Limits: KLRU-TV celebrates forty years, builds for the future

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About 10,800 words

Photography by Barton Wilder Custom Images

“I find television very educational. Every time someone switches it on I go into another room and read a good book.”

— Groucho Marx (1895-1977)

KLRU-THROUGH-DOORS

Groucho Marx was a comedian, but most people would concede he had a point. The sorry state of television has been lampooned to the point of cliché. It’s been called the “boob tube” and worse. Even today it’s not uncommon to see an occasional bumper sticker inciting “Kill Your Television.” Yet television remains America’s guilty pleasure, providing a cornucopia of entertainment and information unsurpassed in the history of the world. For good or ill, television holds an iron grip on viewers’ interest, although commercial television’s performance has been called into question repeatedly by the highest officials in the land.

In May 1961, for example, shortly after President John F. Kennedy appointed Newton Minow chairman of the Federal Communications Commission, Minow used his bully pulpit to directly confront the media powers. In a speech to the National Association of Broadcasters, he challenged television moguls to examine their wares. “When television is good, nothing—not the theater, not the magazines or newspapers—nothing is better. But when television is bad, nothing is worse. I invite you to sit down in front of your television set when your station goes on the air and stay there without a book, magazine, newspaper, profit-and-loss sheet or rating book to distract you—and keep your eyes glued to that set until the station signs off. I can assure you that you will observe a vast wasteland.”

Minow reminded television executives that the licenses they had been granted for the free use of the nation’s publicly owned airwaves made them the responsible for more than profits. Minow even had the audacity to quote the broadcasters’ own Television Code and throw it back in their faces as a challenge: “Television and all who participate in it are jointly accountable to the American public for respect for the special needs of children, for community responsibility, for the advancement of education and culture, for the acceptability of the program materials chosen, for decency and decorum in production, and for propriety in advertising. This responsibility cannot be discharged by any given group of programs, but can be discharged only through the highest standards of respect for the American home, applied to every moment of every program presented by television. Program materials should enlarge the horizons of the viewer, provide him with wholesome entertainment, afford helpful stimulation, and remind him of the responsibilities which the citizen has toward his society.”

Minow was reminding the television executives of the aspirations expressed by their own industry’s leaders, but his message apparently fell on deaf ears. As the History Channel notes, “By 1963, the quality of television had scarcely improved, and Minow’s successor as head of the FCC readied legislation to limit the amount of commercial time available to the networks.However, on November 22, 1963, everything changed when television took a leading role in reporting the events surrounding John F. Kennedy’s assassination. From that day on, television, despite the banality of much of its everyday programming, was universally recognized as an unprecedented tool for delivering important information to the public.”

While commercial television could and did rise to the occasion in times of crisis, in day-to-day performance, broadcasters continued to go about their business, enduring occasional barbs of criticism while gleefully posting fat profits.

Public television organizes

It would not be long before an intelligent alternative to the endless parade of schlock offered by commercial broadcasters would rise to new heights. In 1965, Kennedy’s successor, President Lyndon B. Johnson, a native son of Texas’ hardscrabble Hill Country, hailed the appointment of the Carnegie Commission on Public Television. “From our beginnings as a nation we have recognized that our security depends upon the enlightenment of our people; that our freedom depends on the communication of many ideas through many channels. I believe that educational television has an important future in the United States and throughout the world…I look forward with great interest to the judgments which the Commission will offer.”

Of course Johnson himself was no stranger to television—or to the profits and power that a broadcast license bestows. The Texas Broadcasting Company, whose majority shareholder was Johnson’s wife, Lady Bird, launched KTBC-TV 7 on Thanksgiving Day 1952. For seven years, KTBC was the only television station in Central Texas, giving it the unique opportunity to pick and choose programs from all three broadcast networks, as well as an ironclad monopoly on local television profits. The president—who would shock the nation by refusing to run for reelection in 1968, in large part due to the televised images of the bloody Vietnam War delivered into our nation’s living rooms—was clearly rising above self-interest in spurring the betterment of public television. (In time, the president’s legacy to public television would extend to Austin’s public television station, KLRU, where Johnson’s daughter, Luci Baines Johnson, now serves on the board of directors.)

It must be noted that the Carnegie Commission was not setting about to invent public television, but to figure out how best to organize it for maximum benefit. Public television already existed in abundance. In 1951 the FCC had allocated the first 242 television channels for noncommercial broadcasting, declaring, “The public interest will be served if these stations contribute significantly to the educational process of the nation.” In response, public television stations popped up all over the country. The first was in Houston, where KUHT hit the airwaves in May 1953. Public television would not arrive in Central Texas until more than nine years later.

The Carnegie Commission took its job quite seriously, visiting ninety-two educational television stations in the United States and observing television systems in seven foreign countries. In 1967, the Commission delivered its recommendations, stating, “The goal we seek is an instrument for the free communication of ideas in a free society.” The Carnegie Commission proposed to achieve this goal by establishing a trust fund to benefit the Corporation for Public Broadcasting. This would free public television from annual governmental budgeting and appropriations procedures, and the political maneuvering that comes with it.

Recognizing the need for independent funding would prove farsighted. But the proposed source of money for the trust fund—an excise tax on television sets, beginning at two percent and rising to five percent—was not enacted. According to Citizens for Independent Public Broadcasting, (CIPB), the excise tax was axed because of lobbying by the National Association of Public Broadcasters: “As a consequence, PBS (Public Broadcasting Service) has forever been in a survival mode, always vulnerable to those who control the purse strings.” CIPB is a nonprofit organization founded in 1999 with part of its financial backing coming courtesy of journalist Bill Moyers, who it should be noted served as a special assistant to President Johnson, 1963-1967.

In February 1967, President Johnson weighed in on the Carnegie Commission’s report by addressing Congress. He noted that 178 noncommercial television stations were either already on the air or under construction, with the combined potential to reach close to 150 million people. “Noncommercial television and radio in America, even through supported by federal funds, must be absolutely free from any federal government interference over programming,” Johnson told the assembled lawmakers. The president urged quick passage of legislation, and later that same year, he signed the Public Broadcasting Act into law.

In 1969 the first federal funds, $5 million, were authorized for the Corporation for Public Broadcasting (CPB). CPB created PBS and National Public Radio. PBS incorporated with a mission to interconnect public television stations. For the current fiscal year, which ends September 30, 2002, Congress appropriated $350 million for CPB.

President Johnson’s insistence that public broadcasting be free of federal government interference was ignored by subsequent administrations. Cutbacks during the administration of President Ronald Reagan, for example, halted the gradual rise that otherwise marks the CPB’s budget.

Forty years in Central Texas

It took the organizers of public television for Central Texas six years to get a station on the air. Diane Holloway, television reporter for the Austin American-Statesman, wrote in 1997 that Robert Schenkkan came to Austin in 1958 to build the station, and he was in charge when it signed on the air in September 1962. KLRN-TV 9 was established as a joint-city licensee to serve Austin and San Antonio, with a transmitter located in New Braunfels. The station’s license was held by the Southwest Texas Public Broadcasting Council, an organization with members from Austin, San Antonio, and other communities in the region. Primary broadcast operations were located on the campus of the University of Texas at Austin.

In 1979, a second transmitter, also licensed to the Southwest Texas Public Broadcasting Council, began operation in Austin as KLRU-TV 18. (Technically, this means that KLRU itself isn’t really forty years old, although public television service to Austin certainly is.) Separate governing boards were established for the two stations in 1980. In 1987, the Southwest Texas Public Broadcasting Council was dissolved, and governance of KLRU came under the Capital of Texas Public Telecommunications Council. Today, KLRU is the only locally owned television station in Austin.

By all accounts, the man most responsible for what the station was to become was Bill Arhos. In a career that spanned thirty-eight years, he served as everything from camera man to president and general manager, attaining the latter post in 1986. According to a story in the Austin American-Statesman in February 2000, pegged to his impending retirement, Arhos moved to Austin in 1961, when KLRU was getting ready to launch. Arhos is credited with implementing methods of fund-raising that kept the station afloat, including auctions and on-air pledge drives.

Arhos’ monumental contributions to the station include starting Austin City Limits, the program that probably has done more to draw national attention to Austin than anything else. And what an enduring legacy that is. The show’s twenty-eighth season kicks off October 5 starring Bonnie Raitt, with special guests John Prine, Oliver Mtukudzi, and Roy Rogers. Over the years, Austin City Limits has featured more than five hundred different regional and internationally acclaimed artists on its stage.

KLRU_BONNIEThe crucial initial funding for the program that would showcase the music scene flourishing in Austin in the early seventies resulted from the proposal penned to PBS by Arhos when he was KLRU’s program director. That brought money for the pilot episode. Willie Nelson taped the pilot performance in 1974 in Studio 6A, on the sixth floor of the communications building at UT Austin, which still serves as the set for the show. According to the Austin City Limits website, “Nelson’s program set fund-raising records for PBS stations across the south in 1975. As a result, PBS ordered ten more programs for 1976.” When the innovative sounds of artists like Asleep at the Wheel, Townes Van Zandt, B.W. Stevenson, the Charlie Daniels Band, Marcia Ball, Jerry Jeff Walker and others landed in the living rooms of America, it was history in the making. A year later Gary P. Nunn’s “London Homesick Blues” became the theme song synonymous with Austin City Limits, and America has been going home with the Armadillo ever since.

While the bands continue to rock the Austin City Limits stage, there have been times when the show’s survival seemed in doubt. For one thing, the show has always been kept on a rather lean budget. How lean? Well let’s put it this way: Where on earth besides Austin City Limits could you get Brooks & Dunn—who have sold twenty-two million albums, scored eighteen number-one hits, and been named Entertainers of the Year three times—to be on your show for the not-so-princely sum of $3,869 for the whole band of ten people? That’s union scale wages set by the American Federation of Musicians.

KLRU_MCCARROLLJohn McCarroll, KLRU president and general manager, says, “I remember signing a check for Garth Brooks for $684 and I thought, he probably doesn’t even know he got it…Somebody like that would charge $50,000 or $100,000 for a show.” For most acts, KLRU doesn’t even pay to get the bands to Austin, instead relying upon Producer Terry Lickona’s links to the music industry, to snag a touring group that’s in the vicinity.

If these embarrassingly cheap rates make you think you’d like to have a top act over to play at your kid’s birthday party, fuhgedaboutit. While the performers are playing for what to them would be chump change, this public television program provides national exposure. Lickona’s been quoted as saying that’s worth a lot, for example in helping to revive the career of Canadian Leonard Cohen after his first appearance. McCarroll says, “I think they really feel like they’re paying back to their fans by allowing a noncommercial use of their music, and it’s being presented uninterrupted for one full hour on television.”

KLRU_MARY_BETHAdds Mary Beth Rogers, vice chair of the KLRU Board of Directors, “We don’t tell these artists you’ve got to have a high-value production number, you’ve got to do this or you’ve got to do that. They can try out new stuff, because…nobody says you’ve got to play this or you can’t play that. So they like the venue because they can do what they want to do. And so there’s a range of artistic creation possible for the show here they don’t always get elsewhere.”

Saving Austin City Limits

As a result of this next-to-free performances by the best acts in show business, Austin City Limits is able to steam along, season after season, on a budget that’s now about $1 million a year, modest indeed for a national production. But it’s still a big heap of money for a station whose total annual budget over the past several years has ranged from $6.3 million to $7.4 million.

Early on, the money to produce the show was provided by PBS; after all, it is a national program, and providing programming is what PBS does. “As hard times came along and Congressional funding was cut, PBS pretty much pulled the funding for that and a lot of other shows,” Rogers says. PBS created a tiered-fee system in which member stations had to pay for certain shows, and Austin City Limits was too expensive for many.

For awhile, that system looked like it might send Austin City Limits into a death spiral. Lickona has been with the show since its third season, and it’s his voice you hear introducing each act during the program. In an article written in connection with the show’s impending twenty-fifth season, Lickona told reporter Jim Caligiuri, “Every year at PBS meetings, programmers would approach me and tell me they loved the show but they couldn’t afford the fee that it cost to broadcast it.” It got to the point that only about sixty percent of PBS affiliates were carrying Austin City Limits. Not only that, but the fees charged for rights to broadcast the show were scaled so that bigger markets had to pay higher fees; that caused the biggest markets to drop the show. As a result, national underwriters bailed out.

“We made the decision in the twenty-fifth anniversary year, the only way we were going to get back on those stations that couldn’t afford to buy the show was to offer it free,” Rogers says. “Which meant we had to go bite the bullet to raise corporate underwriting or whatever funds we could get to pay for the production costs. Finding underwriting proved to be quite a challenge. During the dot-bomb era of the twenty-sixth season, for example, two high-tech companies, Agillion based in Austin and Bluron based in North Carolina, signed contracts but then flamed out.

How difficult is it to raise the money? Rogers says she gauges it by how hard it is to sleep at night. “That year when we lost that Austin City Limits underwriting, that was a sleepless year.”

One of the things that has boosted financial support locally for Austin City Limits is putting on galas that have been highly successful. This fiscal year, KLRU was able to produce two galas, instead of the usual one, grossing $845,000, with the second event keyed to opening the expanded Austin Convention Center. Next month, yet another event will benefit the show, when the Austin City Limits Music Festival kicks off September 28-29 at Zilker Park. (Six stages. Top acts. Tickets $20 for one day, $35 for the weekend if bought by August 15. For details visit www.aclfestival.com.)

Still, McCarroll describes Austin City Limits as a “break-even or a lose-money situation.” This despite the fact that some money flows from the license granted to CMT Television to rebroadcast some of the earliest programs from Austin City Limits archives.

For awhile, another factor in Austin City Limits not being picked up by other PBS stations was the competing PBS program Sessions at West 54th. California-based Gloria Medel of Automatic Productions, which produced Sessions, says the show aired for three seasons ending in 2000, then died, “Basically due to the fiscal climate. It’s very difficult for companies to put up money to finance shows.”

McCarroll says when Sessions lost its funding, it was, “Oh, well, we’re not going to do it anymore.” But KLRU is rock-solid behind Austin City Limits and is looking for another twenty-eight years. “We’re going to ride out the good times and the bad because we’re in it for the long-term,” he declares. “It’s not a matter of, well we don’t have the funding this year, we’ll not do it. It’s something that is so important to this station—and we believe to Austin—that’s it’s gotta be there. And we’re going to work toward that.” To the everlasting gratitude of PBS.

Wayne Godwin, chief operating officer of PBS, says of Austin City Limits, “If you’re talking about national shows, it’s literally right up there in the category with the Masterpiece Theatres, the Novas, the Washington Week in Review, programs that we would consider to be high-profile, part of the legacy collection of the public broadcasting series.” Godwin says that Austin City Limits in its twenty-seventh season last year reached ninety-eight percent of television households in the United States. Which proves that KLRU’s decision to ditch the tiered fees, and give the program free to any station that would broadcast it, achieved the desired result: almost universal acceptance.

The value of the show reaching nearly every household in the nation is incalculable, but it’s obviously a boost to Austin’s growth, especially in attracting companies that bring jobs, draw skilled workers, and increase prosperity.

Saralee Tiede, vice president of communications for the Greater Austin Chamber of Commerce, puts it this way: “Austin City Limits conveys an image that we couldn’t buy with advertising, that this is a cool, hip place to be.” The show’s popularity paves the way for the chamber’s recruiters when they fan out all over the country to spread the gospel about Austin’s virtues. “When we go out to talk to people in San Jose or Boston or Toronto or other places, they already know who we are,” Tiede says, “and a lot of other cities can’t say that.”

That point is underscored by PBS’ Godwin: “I think the fact that it’s Austin City Limits, and not merely a new wave country music show, is a wonderful commentary on the station’s commitment to the city, as well as the benefit that community derives from it. There’s no way you can drive into Austin and not think of that station and that legacy they’ve created.”

National programming

Like any of the nation’s 349 PBS member stations, KLRU relies greatly upon the programs provided by the national organization. KLRU paid about $728,000 for those programs in the current fiscal year, plus roughly $30,000 for programs procured from other sources as well. These expenses are more than met by the community service grant received from the Corporation for Public Broadcasting, which this fiscal year totaled $877,000.

These payments to PBS buy a mother lode of high-quality programs that fill the station’s broadcasting over Channel 18 (Time Warner Cable Channel 9) as well as KLRU2 programs made available to viewers through Time Warner Cable Channel 20. The second cable channel offers KLRU a savvy way to repackage programs to give viewers multiple opportunities to catch a favorite show, like The NewsHour with Jim Lehrer. The show is shown three times each weekday evening, once on KLRU starting at six o’clock, and then twice on KLRU2 starting at seven and ten o’clock.

From the station’s viewpoint, the biggest attraction to KLRU2, says Rogers: “It allows us to do a large block of children’s programming. We do a seven-and-a-half hour block of children’s programming on KLRU2, which is more than we do on Channel 9.”

Other important national shows get similar treatment, for example, Washington Week in Review, Wall Street Week, Mystery!, and, in season, Frontline.

While PBS programs such as The NewsHour with Jim Lehrer are in the pantheon of the gods, so far as PBS is concerned, even this program, whose anchor has been the sole moderator of all debates in the last two presidential elections, has its critics. In December 1990, the Austin American-Statesman reported the flak levied against the show by watchdog group Fairness and Accuracy in Reporting. The group found the show to be “virtually a mouthpiece for the establishment and the power elite, with the viewpoints of minorities and women underrepresented in its coverage of issues.” Never mind that a Gallup Poll in 1986 found the NewsHour to be the most believed program in America.

Today, Citizens for Independent Public Broadcasting (CIPB) is in the forefront of the reform movement, claiming some seventeen chapters around the country; most are on the West Coast and in the northeast. There are no chapters in Texas. Jerold “Jerry” Starr, who teaches sociology at West Virginia University in Morgantown and lives in Pittsburgh, is the group’s executive director.

Starr says CIPB was initiated when he was approached by Bill Moyers and Jack Willis. Moyers is not only a respected journalist, but at the time was president of the Florence and John Schumann Foundation. Willis, a former head of public television stations in Minneapolis-St. Paul and New York City, was connected to the Open Society Institute, which is funded by the Soros Foundations. Moyers and Willis supplied the funding for CIPB to educate the public, and public officials, about the need for public broadcasting reform, Starr says. All this was the result of a growing concern for what Starr calls “media democracy,” a concern that grew stronger in the wake of the 1996 Telecommunications Act, which allowed far greater monopolies in media holdings.

To understand what CIPB is about, one only need recognize that its most important goal is to establish a trust fund for public broadcasting—as recommended by the original Carnegie Commission in 1967. The trust fund is an idea which has been advanced and defeated countless times since the Carnegie Commission’s proposal. CIPB states the trust fund is crucially important because it would allow public broadcasting to focus on what the public needs, rather than on what corporations or the federal government will pay for.

“PBS member stations…produce somewhere between eighty-five and a hundred hours of local programming a year, that’s all,” Starr says. “And national programming is concentrated in just three stations, Boston, Washington, and New York, and they account for sixty percent of all national programming. Another twenty percent that is independently produced comes through those (three) stations, as presenting stations…So it’s highly concentrated.”

PBS Chief Operating Officer Wayne Godwin agrees with Starr, as to where the programs originate. “I think it’s fair to say that…WGBH in Boston, WNET in New York, and WETA in Washington are leaders in presenting the national schedule,” he says. Godwin says the strength of the production system is that national programming marries the funding from corporations and the federal government with funding from the stations and their membership base. “That allows PBS to be one of the most recognized brands as far as quality and trusted media in the country, perhaps even in the world.”

Starr views it differently, saying, “One of our great concerns is that, by and large, PBS has failed to provide local programming that reflects the diversity of the community.” Starr says the overarching question becomes, “‘Which corporation is going to be interested in a program like this?’ rather than ‘What does the public really need to be educated about?'” Starr knows nothing about KLRU, of course, and his comments are aimed at PBS in general.

PBS increasingly commercial

Starr says it’s getting to the point where public television is almost indistinguishable from commercial television, except public television doesn’t run commercials in the middle of a program.

If Starr sounds like a voice in the wilderness, think again. The Wall Street Journal, certainly no bastion of liberalism, ran a story last month that quoted critics who said that PBS is getting too close to its underwriters. The story pointed to a Sesame Street practice, only recently discontinued, in which a furry red character would hear his computer shout, “You’ve got mail!” As everyone knows, that’s a line ripped directly from AOL Time Warner Inc.’s marketing campaign for its on-line service. AOL is a major underwriter for the program.

Citing the PBS Annual Report, the Journal noted that PBS shows that target kids were underwritten by five corporations in amounts of more than $1 million, and by another three for more than $500,000. Robert Thompson, director of the Center for the Study of Popular TV at Syracuse University in Syracuse, New York, was quoted in the story. Thompson said, “It used to be, ‘The following program is brought to you with support from Mobil.’ Now it is a moving video and some of it is pretty substantial—it’s longer, it’s a full-fledged commercial. It’s no longer just a mention. It’s a commercial, pure and simple, and sometimes not so pure and simple.”

The growing trend toward full-fledged commercials on public television has irked more than one federal lawmaker. U.S. Representative W.J. “Billy” Tauzin (R-Louisiana), who chairs the House Committee on Energy and Commerce, noted in an address during the PBS annual meeting in 1998 that Congress had been “schizophrenic” about public broadcasting, holding down its federal subsidy while complaining about commercialization. Tauzin’s Public Broadcasting Reform Act of 1998 proposed a blue-ribbon commission to recommend a long-range funding mechanism, plus a hefty increase in federal funding in the interim. In exchange, public broadcasters would face a significant rollback in the commercialization of underwriting credits. No more thirty-second spots. Public broadcasters liked the idea, but as with so many other proposals to reform funding for public broadcasting, the legislation went nowhere.

Nor did the recommendations of the Gore Commission, appointed by President Bill Clinton and formally known as the Advisory Committee on Public Interest Obligations of Digital Television Broadcasters. Among that Commission’s ten recommendations delivered in 1998: “Congress should create a trust fund to ensure enhanced and permanent funding for public broadcasting to help it fulfill its potential in the digital television environment and remove it from the vicissitudes of the political process.”

With no permanent funding solution in sight, PBS continues to scramble for funding, and to that end underwriting rules were liberalized even further in June 2002. The PBS board approved changes to allow corporate mascots to appear in the underwriting credits for PBS kids’ shows—as long as they don’t move. “Primetime sponsorship guidelines will allow depiction of multiple products in a spot, appearances by employees or celebrities expressing support for public TV, and toll-free phone numbers and web site addresses,” said a July 8 report in Current, an independent newspaper covering public broadcasting. “The hope is this will help improve the underwriting climate,” said Catherine Hogan, senior director of program management and underwriting policy for PBS. In other words, to better compete for sponsorship money, PBS will allow even more commercial content to invade its programming.

If television viewers are concerned about the increasingly commercialized aspects of public television, they must be having fits over the latest gimmick being tried out on commercial television stations: pop-up ads, tied into the story content. A recent report from the Atlanta Journal-Constitution, published in the Statesman July 18, described a movie in which actor Steve Martin’s wife and daughter are both pregnant. Suddenly up jumps an advertisement covering the bottom of the television screen: “Expecting a baby? Call American Express Financial Services.”

With these ever more aggressive advertising tactics on commercial stations, how can PBS survive by taking the high road? Corporate underwriting at PBS totaled $221 million last year, up from $175 million the year before, Godwin confirms, noting that revenue is booked in the year in which programs air. This year’s a different story. “Anything that looks at the advertising base from the commercial marketplace probably has some degree of difficulty this past year, and we’re no different,” Godwin says.

At the national level at least, the trend is toward convergence of commercial and public television, not so much in content as in the concessions to gain revenue. This situation is exacerbated by an economy worsening daily, as major companies disclose billions of dollars in overstated profits, accounting scandals, record-high corporate bankruptcies, and a stock market sliding rapidly into the toilet.

Which is why the CIPB’s proposal to establish a trust fund for public television has at least enough merit to warrant consideration. No pikers, CIPB asks for a trust fund large enough to provide a yield of $1 billion per year. The alternatives offered to provide that revenue include (pick one) either a five percent tax on factory sales of digital television sets (if that sounds familiar, recall the excise tax proposed by the Carnegie Commission in 1967); a five percent tax on the sale or transfer of commercial broadcast licenses; a two percent tax on annual broadcast advertising; a two percent annual spectrum fee; or a tax on the auction of up to $100 billion in digital spectrum; or any smaller combination of the above.

If this sounds far-fetched, consider the results of a December 1998 national survey of 1,150 adults conducted by Lake Snell Perry & Associates, a national political research firm based in Washington, DC. Seventy-nine percent favored (forty-eight percent strongly favored) a specific proposal to require commercial broadcasters to pay five percent of their revenues into a fund for public broadcasting, to provide more educational and noncommercial programming.

Newton Minow, the former FCC chair who in 1961 had confronted the National Association of Broadcasters, was a member of the Gore Commission. His written statement, made part of the Gore Commission’s report in December 1998, said, “Howard Stern’s new television show featured Stern shaving a young woman’s pubic area. Have our broadcast standards descended to a level where public interest is confused with pubic interest?”

But the problem is far more serious than matters of taste. The situation is destroying democracy. Minow, addressing the fact that the National Association of Broadcasters fervently opposes auctioning of the public airwaves, wrote, “We now have a colossal irony. Politicians sell access to something we own: our government. Broadcasters sell access to something we own: our public airways. Both do so, they tell us, in our name. By creating this system of selling and buying access, we have a campaign system that makes good people do bad things and bad people do worse things, a system that we do not want, that corrupts and trivializes public discourse, and that we have the power and duty to change.”

Local programming

While KLRU produces the stellar national program Austin City Limits, to the tune of $1 million a year, its resources for other local programs are modest, so modest that KLRU managers haven’t bothered to calculate the costs. Still, the station manages to produce two weekly local shows that have strong followings: Austin at Issue and Central Texas Gardener. Both are hosted by Tom Spencer, who last month celebrated his twentieth year with the station.

Austin at Issue, like so many things that KLRU does, was the brainchild of former station honcho Bill Arhos. Spencer says that in the late eighties KLRU was doing a weekly show called Austin Online, in a freewheeling magazine format that allowed plenty of room for lighter topics. (Spencer thinks Lyle Lovett’s first televised appearance may have been on this very show.) Significant public affairs topics were usually confined to a segment of no more than fifteen minutes. “Arhos felt the thing the station most needed was to delve into issues more thoroughly,” Spencer says.

Thus, Austin at Issue was launched in 1989 as a weekly one-hour show. Initially it was devoted to one topic per program, but that proved to be too much of a stretch for most topics. So the show was broken into segments, one called the headline interview, for such things as local politics, and an ideas interview, which might feature almost anyone with interesting ideas to spread around.

“My favorite segments include one where I had Ernie Cortes (Ernesto Cortes Jr.)—a political organizer, formerly an Austinite, widely respected throughout the nation as one of the leading grass-roots organizers—and author William Greider, who wrote Who Will Tell The People: The Betrayal of American Democracy.” The result was a high-level conversation about such things as the corruption of American democracy, with an electrifying exchange between the two guests. Viewers responded. “We got phone calls and letters for weeks after that interview aired,” Spencer says of that 1994 program.

Whether it’s an interview with Episcopal Bishop John Shelby Spong, author of Why Christianity Must Change or Die, a man Spencer calls “the most controversial bishop in all of Christendom,” or a bunch of local journalists who pounce on the hot political issues of the day, suffice it say that Austin at Issue has established itself under Spencer’s guidance to do something that no other television show in Austin will allow, provide an hour’s unfettered discussion. (Full disclosure: I have been a regular, unpaid guest on the show when the topic is local government and politics; Spencer writes a column on gardening for The Good Life.)

“Our audience is not huge but they’re not couch potatoes. They’re hungry for information. And they act on it—that’s another critical fact,” Spencer says. “People who watch the show are active, curious, and one other thing we know about them: they vote.” Which is why local candidate forums are a vital part of the show, during election season. “A lot of times, especially for down-ballot candidates, this is the only chance these candidates have to appear in the media, and it gives the people at home, within a five- or ten-minute segment for each candidate, the chance to size them up and say, ‘Are they sharp? Can they speak English? Do they seem to have their wits about them?’ You can tell a lot in that length of time.”

Most weeks, Austin at Issue airs for an hour on KLRU and is rebroadcast three times, twice on KLRU and once on KLRU2. Spencer’s co-producer on the show is Susan Abrams. “She’s been absolutely invaluable,” Spencer says. “She fills gaps and brings her own ideas.”

The other local KLRU show with a strong following is Central Texas Gardener, which actually got on the air about a year before Austin at Issue, Spencer says. After a few features and a couple of special programs on gardening drew strong responses, Spencer and fellow KLRU staffer Linda Lehmusvirta teamed up as co-producers for what at first was a monthly show. “After doing the specials, we were flooded with phone calls, hundreds of phone calls,” Spencer says, “and we thought, ‘Hey, we’re onto something.’ We’re both gardeners. We just lobbied.” That monthly show became a weekly half-hour gig that’s still running, although Lehmusvirta does all the producing now, meaning she’s responsible for the show’s preparation, content, and booking of guests, and Spencer is the on-air host.

Creative freedom like that is what keeps Spencer thrilled with his work, that and the fact that the station has given him the time to explore other things. One of those other things that’s meant a lot to KLRU is documentaries. His most recent was The Painted Churches of Texas, which he describes as “purely a labor of love.” Of documentaries, Spencer says, “You have to love doing it, because you don’t make any money doing it and it’s just extra work, more than anything else. Especially toward the end, nearing crunch time, it’s your life. You live it and breathe it seven days a week until you finish it.

“But when it airs, and people start calling and you start getting letters about how it has touched people—I’ll tell you it’s a dream job. I have to pinch myself all the time that I’ve been given this opportunity to pursue things I love, things that I think are important, and try to get them out there. I don’t think there are many people who have that, so I feel very fortunate.” Not bad for a guy who had to be awfully persistent to get an unpaid internship at the station, just to get his foot in the door.

Painted Churches turned into a moneymaker for not only KLRU but other Central Texas public television stations, which aired it during pledge drives to ring up strong support. Spencer estimates he’s put together about a dozen documentary projects, and about six have aired nationally, the first in 1989, an hour-long piece on the writer James Michener.

Spencer is also KLRU’s emcee of choice for a number of special local programs, including town meetings on topics like the digital divide and a vision for Austin’s future. These kinds of projects grow out of a part of the station’s mission that extends far beyond concerns of what’s going to plug a hole in the program schedule. It’s called the Public Square. The Board of Directors in fact made KLRU’s primary goal to bring to Central Texas ideas and information to enhance education, culture, and citizenship—on air and in the community. Public television would “become the catalyst for discussions about important issues, as well as the convener of key interest groups who have a stake in the future of the community.”

Want to address youth and gang violence? KLRU’s been there, done that. Ripping a tactic from Ernie Cortes playbook for empowering people at the grass roots, Spencer says, he realized that the community needs to develop the program, rather than the television station swooping in and saying, this is what we’re going to do. “I think that’s one that had lasting impact,” he says. “A lot of real connections were made. Things did happen. Programs moved forward.” Which is the desired outcome. The hope is that projects like this won’t fail Socrates’ test: “Talk without action is meaningless.” “We don’t ever pretend we’re going to solve the problem,” Spencer says. “But we can serve as a catalyst that brings together the right people, where they can get together and say, ‘Hey, I didn’t know you were interested in this, too. Why don’t we get together and do something?’ ” KLRU’s outreach coordinator, Karen Quebe, has been a full collaborator in all these special efforts. She has worked with dozens of community groups, helping them to coalesce, and integrating their talents into the station’s projects.

“Media people get all puffed up if they change the world,” Spencer adds, “but we don’t do that—maybe once in a lifetime if we get lucky. But what we do is impact people to act themselves, and that’s where change happens.”

Beyond Limits

It hasn’t been publicly announced and probably won’t be for another year, but KLRU is in the midst of a capital campaign, called “Beyond Limits,” with the goal of raising $15 million. The figures are somewhat fluid as the campaign evolves, but the original outline was to designate the lion’s share, $9 million, for a Digital Innovation Fund. Another $3 million would go into a Program Venture Fund. And another $3 million would go into an Endowment Fund. The overall goal may be reduced somewhat as costs come down for equipment needed to make the conversion to digital broadcasting.

Vice Chair Rogers says about $5.5 million has already been raised in the “quiet period” through contributions from board members and other donors. Rogers says the board is not yet ready to release the names of individual donors. She says the forty-nine KLRU board members have collectively kicked in for about $3.5 million over the past two fiscal years, although not all of that money went into the capital campaign.

But the overall progress of the campaign has been good. “When you go to seek foundation funding, they want to know what your own board has done, and our board has been very generous,” Rogers says.

Board Chair Martha Smiley, executive vice president for corporate policy and services at Grande Communications Inc., says of the board’s financial support, “I’m very pleased with the commitment of our board to put their money where their ideas are.”

Board Member Gary Valdez of Focus Strategies, a company that provides corporate finance and merchant banking services, has been on the KLRU board for fourteen years, minus a couple of years in which he did not participate. Valdez says he’s pretty sure that every board member participated in the capital campaign.

The conversion to digital broadcasting will be assisted in part by the State of Texas. The fourteen public television stations in Texas obtained a grant totaling $20 million from the state’s Telecommunications Infrastructure Fund to create a Texas interconnect system that links the public television stations in what will be called the Texas Educational Broadcast Network, Rogers says. In return for the grant, the Network will provide bandwidth to the state for uses to be determined later, she says. KLRU is slated to get nearly $1 million from that grant to build its portion of the digital interconnect. That money will be used to purchase the digital transmitter KLRU needs to meet the federally mandated May 2003 deadline to begin broadcasting a digital signal.

Rogers says that she’s ninety-nine percent certain that, barring a glitch, KLRU will be broadcasting digital signals by the mandated May 2003 deadline.

But what is digital broadcasting? Well the details can quickly become stupefying. A good primer is posted on the PBS web site at www.pbs.org/opb/crashcourse, titled “Digital TV: A Cringely Crash Course.” (The course includes a brief history of television as well.)

In a nutshell, employing a digital television transmitter will permit KLRU to broadcast at least four programs simultaneously—perhaps more, depending upon how technology evolves—as well as other data streams. This contrasts with the now ancient analog technology, which allows stations to broadcast a single program, plus a bit of data such as closed captioning for the hearing impaired, says KLRU President and General Manager John McCarroll.

Digital television is not itself high-definition television, but the option is inherent in digital television to broadcast high-definition programs, says Rogers. Instead of using the available capacity (called bandwidth) for four programs, the station could broadcast only one program, in one major signal. The result would be sharper images and high-quality sound equivalent to Lucas systems in theatres, Rogers says. “You can either compress the data into smaller and smaller units, or you can fill the space that you have with one signal, and when this is all filled, it’s high definition.”

Currently KLRU broadcasts an analog signal over Channel 18 and will continue to do so until the federal government requires broadcasters to cease analog operation and relinquish the analog frequencies, which is scheduled for 2006. When KLRU commences transmitting digitally, that signal will be broadcast on Channel 22, Rogers says.

Meanwhile, if you don’t have cable service for your television, no sweat. You can continue to receive all the programs on analog broadcasts on Channel 18. If your old set dies, or you just want to convert to get the digital broadcasts, some of which will be in high-definition format, then you can buy a suitable new set and pick up the programs on Channel 22.

According to The Association of Public Television Stations, seventy-six public stations are already broadcasting digitally, including seven that have been doing so since 1998. Rogers and McCarroll say they have delayed implementation of digital broadcasting to allow time for the technology to improve. But in the meantime, some new digital equipment has been purchased.

Rogers says, “We started the systems upgrade three years ago, on everything from computers to internal systems to the broadcast equipment. And by 2006…we’ll have everything that we need to do the editing, production—state of the art. We haven’t been an early adapter and that was deliberate, because we hoped that prices would start coming down, and in fact that’s what’s been happening.”

McCarroll says KLRU has acquired a digital audio board and seven new digital cameras with high-definition capability, and these are being used for locally produced programs.

More local content coming

As important as it is to advance technologically, the Transformation Project that Rogers is leading may be of even more benefit to KLRU’s 25,000 members, who contributed $2 million to the station this year. In June, she was freed of day-to-day responsibilities as president and CEO and booted upstairs to become vice chair of the KLRU board, and McCarroll was promoted from general manager to president.

Rogers had been campaign manager to Democratic gubernatorial candidate Ann Richards in the general election of 1990. When Richards was elected governor, Rogers served as her chief of staff until 1992, then resigned to teach at the LBJ School of Public Affairs and finish her second book, Barbara Jordan: American Hero. Rogers was later recruited to be president and CEO of KLRU, a job she started in February 1998. Bill Arhos, who had been running the station single-handedly as president and general manager, and was nearing retirement, welcomed Rogers’ involvement.

KLRU Board Chair Martha Smiley joined the board in 1998 at the behest of Rogers and other friends on the board. “I just know that wherever Mary Beth is involved, there’s going to be good things happening,” Smiley says.

Asked to explain the Transformation Project, Smiley says, it begins with assessing what the community needs and then figuring out how to deliver it, while recognizing that KLRU’s role extends far beyond broadcasting PBS programs.

All KLRU officials seem to believe that the station will be developing a lot more local programs as it moves through the Transformation Project. One already in development is a Hispanic business show, being piloted in conjunction with the Texas Association of Mexican American Chambers of Commerce. Rogers says the show likely will be developed this fall and aired beginning next spring. The strategy would be to not only broadcast the show locally but offer it to other Texas PBS member stations.

Smiley says, “I’m really hungry for a local public affairs program, where people who understand the complexities of our community and are thoughtful and reflective leaders can discuss the nature of the issues, the implications of different choices that we face, and really help us understand the critical needs and the critical decision points that we face as a community.” This show could address not only local issues but regional and even statewide issues, she says.

Board Member Gary Valdez says that when he ponders KLRU’s future possibilities, he recalls the wisdom in a book by Jim Collins, Good to Great: Why Some Companies Make the Leap…And Others Don’t. He said the book talks about the need for an organization to have the capacity to look at the needs of its customers in the future, and try to intersect those needs with your organization. “That’s probably the best description of Mary Beth’s new job,” Valdez says. “That’s one of Mary Beth’s strong suits.”

As for local program possibilities, Valdez says, “I’m a big fan of Tom Spencer’s. It would be nice to have a NewsHour with Jim Lehrer for Central Texas.”

While flattered, Spencer observes that local news is already being done by News8 and the network affiliates. “They don’t do the in-depth conversations and the details that you would find in a NewsHour-style program, but they are covering the waterfront and they do it quickly…I’m not sure a NewsHour-style program is the answer. But that will come out of the planning process. That’s why we’re going to embark on the Transformation Project, to really engage the community and one another within the station.”

According to Citizens for Independent Public Broadcasting, perhaps as few as sixteen PBS member stations have local news broadcasts, and PBS officials say that number may be shrinking. The reason, Rogers says, is these shows are too expensive. Rogers agrees with Spencer that it would be not only costly but unnecessarily duplicative to do a local news program. She says News8, KVUE, KXAN and KEYE already cover the spot news, the crime, the fires, the floods.

Rogers says, “I think the role of a public television station is for what you do cover in public affairs and public events, is to try to assess impact and meaning, and give people objective information so they can make informed decisions. I think as we go to more local programming, we can do more of that kind of viewing of our own community than in a hot-news operation. I think Tom Spencer does a lot of that on Austin at Issue, but because it’s a weekly show and a relatively low-budget show done in-house, there’s probably a range of issues that we can’t get to.”

“So when I’m talking about doing programming, I’m talking about expanding that, maybe a slightly different format, to look at issues in a different way,” Rogers adds. That new format could cover Austin’s arts, film, and literature, for example, and mine the vast resources of the University of Texas campus. What the station will be doing for the next few months, she says, is “looking at what does this community need that we can offer that nobody else can? And then, okay, how do you put that into specific projects or programs? And then what does it cost to do that, and what kind of resources do you need to be able to make that happen?”

Rogers says, “That’s our goal. I’m not sure exactly what form it’s going to take. We’re going to give ourselves enough time to get it right, to plan it, to figure out how we’re going to fund it…And (KLRU’s) fortieth anniversary is a way to precipitate this.”

Asked whether she thought KLRU’s budget would have to be increased to pursue these local initiatives, Rogers replies, “I hope not significantly. I think we’re in a period where we’re not going to see these dramatic increases in giving. Everybody’s holding back, of necessity.”

“I think it’s the future of public television is to be anchored to your local community in a way that you can provide meaning and relevance to the local community,” Rogers says. “We’re going to continue to get fabulous PBS programs that do that on a national level. We have very little control of that in terms of shaping (content). We’re the beneficiary of that. But we do have some control over what we do locally.”

Rogers has been at KLRU going on five years. Spencer’s been with the station two decades, and the Transformation Project adds up to a lot more than a chance to do a feel-good exercise or even simply serve the community better. It’s more serious than that.

“There’s a growing sense that cable is eating our market share and stealing our best ideas,” Spencer says. The proof? “The first home-improvement program, the first nature program, the first science program, the first history program were all started here (at PBS), and now entire networks are devoted to these niches. And a lot of people are wondering about the future of public broadcasting. Can we survive? And the ratings show that these cable casters are hurting us. They are eating into our audience. So what’s the answer for public broadcasting? Do we still have a mission?

“That’s why this planning process, this Transformation Project that we’re engaged in right now, is so important,” he says. “Because I think KLRU can be a model for the whole PBS system. I really believe that. I think that Mary Beth is going to lead us in the direction that will set the future for the entire PBS, that it’s going to come from Austin, Texas. That future, I believe, is maintaining the highest standards for national programs that we air, but also really mining the treasures in our own backyard and getting those before our local audience. Making a difference here will ensure the survival of KLRU.”

Ken Martin, editor of The Good Life, swore off TV about fifteen years ago, but after examining KLRU for this story, he’s considering tuning in—especially if more local programs are developed.

Television Milestones

1884: Paul Nipkow invents mechanical television, the forerunner of electronic television.

1935: Vladimir Zworykin and Philo Farnsworth are both broadcasting intermittently using all-electronic systems.

1939: Zworykin and Farnsworth kick off regular broadcasting at the World’s Fair in New York.

1941: The National Television Standards Committee (NTSC) writes guidelines for electronic television transmission; soon all 22 US television stations convert to the new standard.

1951: The Federal Communications Commission allocates the first 242 television channels for noncommercial broadcasting.

1952: KTBC-TV 7, Austin’s first television station, goes on the air on Thanksgiving Day. For seven years it would remain Austin’s only television station.

1953: The first educational television station, KUHT in Houston, goes on the air. The NTSC adopts RCA’s system for color television.

1958: Robert Schenkkan arrives in Austin to build a public television station for Central Texas.

1960: The first televised presidential debate pits Richard M. Nixon against John F. Kennedy.

1961: Newton Minow, chairman of the Federal Communications Commission, calls commercial television “a vast wasteland.”

1962: KLRN-TV 9 goes on the air as a joint operation to serve Austin, San Antonio, and surrounding communities. Bill Arhos, who is aboard at the launch, will later become president and general manager.

1967: President Lyndon B. Johnson signs the Public Broadcasting Act into law. The Carnegie Commission on Public Television’s recommendation to establish a trust fund for public broadcasting is not enacted, making public broadcasting dependent on federal funding.

1969: The first federal funds, $5 million, are authorized for the Corporation for Public Broadcasting (CPB).

1970: The CPB creates the Public Broadcasting Service (PBS) and National Public Radio (NPR).

1975: Willie Nelson is featured in a national pilot for Austin City Limits.

1979: KLRU-TV 18 goes on the air. Public television stations are interconnected by satellite.

1986: Bill Arhos is named president and general manager of KLRU.

1987: The Capital of Texas Public Telecommunications Council takes over the governance of KLRU.

1988: Central Texas Gardener debuts on KLRU.

1989: Austin at Issue debuts on KLRU.

1996: The Telecommunications Act becomes law, enabling greater concentration of media outlets.

1998: Mary Beth Rogers assumes duties of KLRU president and CEO.

1999: John B. McCarroll is hired as KLRU general manager.

2000: Garth Brooks opens the 25th Anniversary Season of Austin City Limits. Bill Arhos retires after 28 years with KLRU.

2001: PBS airs Lady Bird, the one-hour documentary about Lady Bird Johnson originated by KLRU and co-produced by KLRU and MacNeil/Lehrer Productions, which produces The NewsHour with Jim Lehrer.

2002: Mary Beth Rogers is promoted to vice chair of KLRU Board of Directors to lead the Transformation Project. John McCarroll is promoted to president.

2003: Public broadcasters are required to begin transmitting a digital signal by May.

—Ken Martin
This article was originally published in The Good Life magazine in August 2002

The Life and Death of Barton Springs

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About 9,800 words

Photography by Barton Wilder Custom Photography

 

SPRINGS-TITLE

The health of Barton Springs salamander is in serious decline and the federal agencies most responsible for doing something about it are once again being accused of knuckling under to political pressure, instead of relying upon scientific evidence to identify causes and cures. The point man for the US Fish and Wildlife Service who was leading the charge to protect the salamander has been transferred out of Austin. His former regional director has been reassigned. And a watered down biological opinion has been issued, killing the proposed federal protective measures that were to be applied for development projects outside the reach of Austin’s Save Our Springs Ordinance.

But it’s not just the salamander’s survival that’s at stake. The salamander’s habitat is the water that gushes out of four hydrologically connected springs in Zilker Park, collectively known as Barton Springs, including the ancient swimming hole that some environmental groups call the Soul of the City. The water flows from the Barton Springs segment of the Edwards Aquifer. The Barton Springs segment is about twenty miles long, with a recharge zone that covers an area of about ninety square miles. The upstream contributing zone, which contains streams that flow onto and discharge into the aquifer, covers more than two hundred sixty square miles. If the water quality in the Barton Springs segment is harmful to the aquatic creatures that have lived in the springs for perhaps millions of years, then it is inching toward being unsafe for humans as well.

So the stakes are a lot higher than whether the old swimming hole is dirty, or whether the slimy little salamander that most people will never see, except in a photograph, is comfy and cozy.

Those things are indeed important, but what’s more important is that the salamander is an early warning indicator of the health of the aquifer which, according to the Barton Springs/Edwards Aquifer Conservation District, is the sole source of drinking water for an estimated 50,000 people.

Politics trump protection

If politics are undermining protection for the salamander and the aquifer, it wouldn’t be the first time that politics has called the shots. The salamander is listed as endangered as a direct result of two federal lawsuits filed by the Save Our Springs Alliance against Bruce Babbitt, then secretary of the interior. Babbitt had resisted the listing and did not do so until ordered by Senior US District Judge Lucius D. Bunton III on March 25, 1997. Bunton ruled that “strong political pressure” had played a part in Babbitt’s actions.

Part of that political pressure was a letter from then Texas Governor George W. Bush. The letter was referred to in Bunton’s decision: “The court finds that the Governor of Texas letter dated February 14, 1995, in which he expressed ‘deep concerns because the proposed action by the federal government may have the potential to impact the use of private property’ is not an appropriate justification….” (Bush was elected governor in November 1994 and took office January 17, 1995.)

Bunton found that Babbitt had acted “arbitrarily and capriciously” when he had considered political factors in making the decision not to list the salamander. Bunton’s ruling concluded that the Endangered Species Act requires the secretary to disregard politics and to make listing decisions based solely on the best scientific and commercial data available.

As a result of Bunton’s ruling, the Barton Springs Salamander was listed April 30, 1997, entitling it to federal protection under the Endangered Species Act.

Now, more than five years after the listing, there is new cause for concern. Between January 28 and May 14, 2002, eighteen Barton Springs salamanders have been found with external bubbles under their skin. A dozen of these were either found dead or died shortly after they were found. Tests revealed that the water was supersaturated with dissolved gases, mainly nitrogen and oxygen, which are the principle components of air. Gas bubble disease is a noninfectous and is similar to human decompression sickness, which is caused by rapid ascent from a higher atmospheric pressure to a lower pressure. City biologists studying the situation have developed temporary skin rashes on two occasions from exposure to the waters of Upper Barton Springs, where all but two of the diseased salamanders were found. Still, despite exhaustive efforts by the City of Austin and other agencies, the cause of the gas bubble disease remains unsolved. The only good news is that health authorities who reviewed available data in early March found no evidence of any public health risk in Barton Springs Pool or Upper Barton Springs.

Still, it’s not necessarily safe to swim in Barton Springs Pool at certain times. The pool routinely closes for cleaning once a week and is also shuttered in the event of a flash flood warning or an actual flood event, says Tom Nelson, the city’s aquatics supervisor. Scientists who study water quality in the pool are finding evidence that toxic chemicals linger in the pool for considerable periods after a rainfall even when there isn’t enough rain to cause a flood.

Barbara Mahler is a research hydrologist with the US Geological Survey [which, like the Fish and Wildlife Service, (FWS), is a branch of the Interior Department]. Her specialty is studying water quality in karst aquifers such as the Edwards. In 1992, Mahler, along with Dr. Mark Kirkpatrick, a biology professor at the University of Texas at Austin, petitioned the FWS to list the Barton Springs salamander as endangered. Two years ago, Mahler collected samples in Barton Springs after rain storms. “What we’re seeing is pulses of pesticides moving through after rainstorms,” Mahler says of that effort. Mahler’s research during and after a two-day rainfall detected five pesticides, some of which were still in the springs more than a week later. Mahler’s report states that none of the pesticide concentrations exceeded maximum contaminant levels, health advisories, or Texas aquatic life standards, but their presence in the springs soon after a rainfall does indicate the vulnerability of the springs to contaminant infiltration from the surface.

What’s crystal clear to anyone studying water quality or the salamander is that conditions have gotten worse over time, and will continue to worsen as more development occurs within the vast watershed that recharges the aquifer.

Nancy McClintock, manager of the Environmental Resources Management Division for the City of Austin, says the latest data indicates deterioration of the water quality in Barton Springs consistent with what happens when watersheds begin to urbanize. This is exactly the reason that the Barton Springs salamander was listed as an endangered species deserving federal protection. The rule published in the Federal Register April 30, 1997, noted, “The primary threats to this species are degradation of the quality and quantity of water that feeds Barton Springs due to urban expansion over the Barton Springs watershed.”

Development of raw land creates more impervious cover from roads, driveways, sidewalks and rooftops. This increases the volume and velocity of storm water runoff, which triggers more erosion and sedimentation. The sediments, oil and gasoline residues from the operation of motor vehicles and lawn mowers, as well as pesticides and herbicides common in developed areas, are transported by storm water runoff, entering creeks and tributaries that recharge the aquifer. The recharge that affects Barton Springs and the salamander is contributed by five major creeks in southern Travis and northern Hays counties. In the absence of a catastrophic spill of hazardous material-which could contaminate the aquifer irreparably, possibly forever-water quality in the aquifer slowly degrades as more and more urbanization adds insult upon insult to the environment.

Feds playing politics

SPRINGS-MAPThe latest assault on the salamander was political. It happened in early May, when the FWS, the agency responsible for enforcement of the federal Endangered Species Act, turned a blind eye to the plight of the salamander.

David Frederick, who since February 1998 had been the Austin field supervisor for the FWS, was suddenly yanked off the front lines in the battle to save the salamander and transferred to the regional headquarters in Albuquerque. His regional director, Nancy Kaufman, had already been reassigned to Washington, DC, last December.

Frederick (profiled in The Good Life in November 2000) had been leading the charge in an interagency battle with the US Environmental Protection Agency (EPA) over the EPA’s lax enforcement of permits that allow development projects to proceed without close scrutiny. To settle federal lawsuits filed by the Save Our Springs Alliance and Texas Capitol Area Builders Association, Frederick was required to draft a biological opinion regarding the EPA’s permitting system. Frederick’s draft biological opinion of July 19, 2001, concluded the permitting system “is likely to jeopardize the continued existence of the salamander.”

At stake in the interagency squabble was how the EPA was to enforce the Construction General Permit. Federal law prohibits discharges of pollutants in storm water from construction activities without a National Pollutant Discharge Elimination System (NPDES) Permit. Operators of construction sites where five or more acres are disturbed, or smaller sites that are part of larger common plan of development or sale where there is cumulative disturbance of at least five acres, must submit a Notice of Intent to obtain coverage under the NPDES Storm Water General Construction Permit. The permit allows construction activities to go forward by filing a Notice of Intent to discharge storm water. The developer certifies that either there are no listed endangered or threatened species or critical habitat in the project area, or, if there is, that measures will be taken to protect them. As long as the developer postmarks the Notice of Intent (NOI) at least forty-eight hours before construction begins, he can start turning dirt. As the FWS’ final biological opinion states, “If the NOI is complete and the operator has certified they meet the permit eligibility conditions, construction may begin without EPA independently verifying the accuracy of the operator’s certified claim of eligibility with regard to endangered species protection.” When a profit-minded developer can take a chance on cutting corners on environmental protection, then it’s a system ripe for abuse.

This self-certification process was at the heart of earlier litigation filed by the Save Our Springs Alliance. The lawsuit alleged the EPA had failed to follow the Endangered Species Act by not consulting with the FWS regarding the Construction General Permit’s impact on endangered species. Long before the lawsuit, Frederick had sought consultation with the EPA and had, in fact, notified the EPA of the requirement for consultation in letters of October 21, 1998, and June 29, 1999, to no avail. On the other side of the same litigation was the Texas Capitol Area Builders Association, which challenged the FWS’ requests for consultation.

Despite EPA resistance, Frederick wouldn’t back off his position that the EPA’s lax enforcement of the Construction General Permit posed a threat to the continued existence of the Barton Springs salamander. Frederick’s draft opinion with a finding of jeopardy—if approved and signed by the regional director—would have required stiffer oversight of new construction projects under its General Construction Permit and new protective measures to ensure no harm to the endangered Barton Springs salamander. Further, it would have forced the EPA to go back and scrutinize construction projects already approved, a project of considerable magnitude that would no doubt have triggered howls of protest from the development community.

If Fredrick’s draft opinion were approved and signed by the FWS regional director, the storm water discharges for construction projects covered by the EPA’s General Construction Permit within the Barton Springs watershed and its contributing zone—which includes Bear, Little Bear, Williamson, Slaughter and Onion creeks—would have had to comply with either the FWS Recommendations for Protection of Water Quality of the Edwards Aquifer or the City of Austin’s Save Our Springs and Comprehensive Watershed Ordinances. Those who want to try to prevent further degradation of the water quality would say this makes perfect sense. Critics have said this would have amounted to federalizing the SOS Ordinance.

Negotiating in Washington

After months of interagency wrangling between the FWS and EPA, on September 5, 2001, representatives of FWS regional office in Albuquerque, the EPA regional office in Dallas, and Frederick met with headquarters staff from both agencies in Washington, DC. The meeting was called to discuss the draft biological opinion and alternatives. The official version of what happened in that meeting, according to the final biological opinion of May 6, 2002, is that the FWS and EPA “jointly agreed that the draft biological opinion would benefit from further review.”

The unofficial story of what happened in that meeting in Washington is much different. According to a federal lawsuit filed May 17 by the Save Our Springs Alliance (SOSA), political appointees in the Bush administration intervened in the September 5 meeting and stopped the FWS and EPA from reaching a negotiated settlement. If SOSA can prove this allegation in court, it could lead to the same judicial finding of “arbitrary and capricious” conduct that forced then-Interior Secretary Babbitt to list the salamander as endangered. It could also nullify the final biological opinion that concluded the EPA’s permitting system “is not likely to jeopardize the continued existence of the Barton Springs salamander.”

Short of a full-blown trial, the case for political interference is circumstantial. In trying to explore the validity of the SOSA lawsuit’s claims, The Good Life found that the litigation chilled the willingness of federal officials to provide information. The FWS declined to provide records requested, as documents are being gathered under a court order. Neither Frederick nor Kaufman would consent to interviews. Nor would FWS Acting Regional Director H. Dale Hall or EPA Regional Director Gregg Cooke.

SPRINGS-SAVIOStill, there is evidence. Harry Savio is executive vice president of the Texas Capitol Area Builders Association (TxCABA), an organization that has sued numerous times to stave off FWS actions viewed as overreaching federal authority. TxCABA was doing all it could to appeal to higher authority about Frederick’s proposed biological opinion that the salamander was in jeopardy, including lobbying Interior Secretary Gale Norton. “Through the National Association of Homebuilders’ Washington offices we sought intervention directly to Secretary Norton,” Savio says.

The case for political interference also points to the fact that the final biological opinion, which declares that the EPA’s continued operation of the Construction General Permit in the Barton Springs watershed “is not likely to jeopardize the existence of the Barton Springs salamander,” is contradicted by the scientific information within the sixty-six-page opinion. For example, the report documents the drastic decline in the numbers of salamanders in recent years. It notes the salamanders’ affliction with gas bubble disease, including the fact that, “Prior to this incident, there has been no evidence of gas bubble trauma at this site.” It expresses concern for contaminants found in the water, including herbicides, polyaromatic hydrocarbons, solvents and elevated levels of nitrate. It acknowledges that areas of high-quality salamander habitat have decreased in recent years due to the deposition of silt and sediment. An accumulation of sediment covers all available habitat at Eliza Spring, and much of the other three springs are also affected. “This is a major change from historic accounts of these springs that had crystal clear conditions with little silt or sediment,” the opinion states. Heavy metals attached to sediment may have toxic effects on prey species and the salamander itself.

Federal court intervenes

One reason for the contradiction between the science and the biological opinion’s conclusion is the fact that the final draft was a rush job. Although the draft opinion had been floated in various versions since July 2001, the FWS and EPA were under a court mandate, brought about to settle litigation brought by the Save Our Springs Alliance (SOSA). The settlement set target dates for action by the EPA and FWS, and required FWS to issue a final biological opinion by September 4, 2001. When that didn’t happen, SOSA filed another lawsuit, alleging breach of the settlement agreement and violation of the Endangered Species Act. US District Judge Sam Sparks did not take kindly to the federal agencies’ disregard for the settlement agreement, which he personally had approved April 27, 2001, in dismissing earlier lawsuits. Instead of complying with the terms of the settlement, the defendants contended they had entered a Memorandum of Understanding to complete consultation by July 25, 2002. The disregard for the settlement agreement Sparks had okayed raised his hackles.

Sparks grabbed the federal agencies by their legal lapels with a scathing decision filed March 26, 2002. “The court cannot fathom why an entity as resourceful and mammoth as the federal government needs fifteen months, the gestation period of a black rhinoceros, to complete a consultation concerning the effects of construction on a three-inch creature,” Sparks wrote. “The court especially cannot see any legitimate, apolitical reason the defendants need over a year—the gestation period of an ass—to finalize a draft biological opinion.” Sparks ordered the EPA and FWS to complete their consultation within forty days—or to appear for a hearing in forty days and explain why.

In noting that there was no “apolitical reason” for the delay, Sparks—who is well known for his personal disdain for the Endangered Species Act—was clearly criticizing the same sort of political interference in due process that had caused Interior Secretary Babbitt to be found guilty of “arbitrary and capricious” conduct.

The forty days Sparks allowed ran out May 6, 2002, which is the date the final biological opinion was signed by Albuquerque-based H. Dale Hall, acting regional director for the FWS. The final opinion completely reversed the strong recommendations made in the draft biological opinion rendered by the scientists monitoring the salamander’s fate in Austin, and advocated by their field supervisor, David Frederick.

Even Harry Savio of TxCABA—who adamantly opposed a biological opinion finding of jeopardy for the salamander, and filed lawsuits and lobbied to prevent it—concedes there are serious flaws in the final biological opinion. “The final biological opinion was really rushed as a result of needing to meet court deadlines in Austin, so some of the underlying work to amend the basic draft was never done,” Savio says. “The only thing that really changed was the conclusion.”

The slender thread held out to support the final biological opinion is that the EPA’s General Construction Permit will expire in July 2003 and that, considering the range of estimates for land to be disturbed during construction before then (600 to 3100 acres, depending on which of three estimates you believe), “any potential impact to the salamander is anticipated to be relatively small.”

The biological opinion concludes, in part, “…the best available information indicates that the incremental contribution of pollutants from projects covered by the permit during the next fourteen months is expected to be small, provided the permit and applicable local ordinances are followed. To ensure compliance with its permit, EPA has committed to enhanced oversight, monitoring and enforcement, in coordination with FWS Texas, and local authorities.” Case closed.

Of course this logic—that the incremental contributions of pollutants is acceptable—ignores the fact that it’s the cumulative effect of thousands and thousands of acres of development that has already occurred that has degraded water quality in the Barton Springs segment of the Edwards Aquifer. The biological opinion, in effect, says what harm is a little more pollution going to do? Which is exactly the problem we face, not just for the Barton Springs salamander but for the environment we all must live in. It is the problem that Garrett Hardin wrote about in “The Tragedy of the Commons” in 1968: “The rational man finds that his share of the cost of the wastes he discharges into the commons is less than the cost of purifying his wastes before releasing them. Since this is true for everyone, we are locked into a system of ‘fouling our own nest,’ so long as we behave only as independent, rational, free enterprisers.”

Fearing the worst

Knowledgeable scientists are far less sanguine than the FWS about the fate of the salamander.

Lisa O’Donnell formerly worked for the FWS in Austin and she wrote the rule, published in the Federal Register, under which the Barton Springs salamander was listed as an endangered species. Now O’Donnell is an environmental scientist who works for the City of Austin’s Watershed Protection Department, as is Dee Ann Chamberlain. They are directly involved with the salamander and oversee the captive breeding program that has enjoyed limited success in producing offspring. “I think the species is highly imperiled,” says O’Donnell. “I agree,” Chamberlain says.

Nancy McClintock, who manages the City of Austin’s Environmental Resources Management Division, says, “I think the survival of the salamander is highly questionable unless additional protections are required.”

SPRINGS-BEALLEnvironmentalists are bracing for the worst. Asked if the Barton Springs salamander will survive, Jon Beall, president of the Save Barton Creek Association, says, “Its survival is hanging in the balance. It’s too early to tell. It’s survival is going to be a combination of our community’s ability to prevent additional pollution and clean up the existing pollution.” And Barton Springs itself? “Barton Springs’ future is in lockstep with the survival of the salamander,” Beall says.

Is it good-bye Barton Springs, R.I.P. salamander? “If this community doesn’t wake up, that’s about all it will be,” says Bill Bunch, SOSA’s executive director and the lawyer who crafted most of the numerous lawsuits over the salamander. “The writing is clear, all over the wall.”

Mike Blizzard of Grassroots Solutions is a political consultant who works for environmental causes. He was campaign manager for passage of the City of Austin’s bond proposition in which voters approved $65 million in May 1998 to purchase some 15,000 acres of land and conservation easements over the aquifer for the express purpose of protecting water quality. That helped, but did not stem the degradation. “Anyone who regularly swims in the springs can notice a drastic downturn in water quality,” Blizzard says. “You have chunks of algae in there on a daily basis that could choke a human being, and I speak from experience. It destroys the essence of the pool…Think of people swimming in that pool and 50,000 people drinking from the aquifer, and I wonder how long we can sustain that.”

Even respected attorneys whose livelihood depends on maneuvering development projects through the rocks and shoals of governmental red tape are divided on whether the final biological opinion is adequate to protect the Barton Springs salamander. Alan Glen of Smith Robertson Elliott & Glen says, “I think the basic conclusion of the opinion is…that the state and local regulations, if implemented and complied with, are adequate to protect the Barton Springs salamander.” David Armbrust of Armbrust Brown & Davis is less certain. “I had concerns about the (draft biological opinion) because I didn’t really think the science was totally supportive of the jeopardy call, but then to just flip-flop and go this other way, I don’t know if what’s out there is adequate to protect the salamander,” Armbrust says.

As it stands now, in another year, the enforcement of the Construction General Permit will be turned over to the Texas Natural Resource Conservation Commission (which on September 1 will be renamed the Texas Commission on Environmental Quality). TNRCC spokeswoman Adria Dawidczik said no decision had been made regarding whether the enhanced oversight, monitoring and enforcement agreed to by the EPA will be adhered to by the state agency. Thus, even the minimalist additional oversight which the final biological opinion required of the EPA may be forfeited.

Bush-whacked administration

Lending further credence to SOSA’s claim of political interference over the salamander is that the current administration—led by two former oil executives, President George W. Bush and Vice President Richard B. Cheney—is doing everything in its power to give industry a higher priority than environmental protection. The Bush administration, for example, wants to open up vast federal lands for energy production, ranging from the Arctic National Wildlife Refuge to pristine federal lands in Colorado, New Mexico, Utah, and Wyoming. The stated purpose is to increase domestic energy production and reduce dependence on foreign sources, but drilling on public land also puts a lot of gold in the federal coffers. On January 23, 2002, Interior Secretary Gale Norton bragged that “the department collected $11.3 billion in receipts during fiscal year 2001.” The largest source of Interior receipts: oil and gas royalties, totaling $9.3 billion. Much of these funds go to pay for conservation initiatives.

But make no mistake, the Bush administration is no friend of the environment. On June 13, the New York Times reported the Bush administration proposed changing air pollution rules to give utilities more leeway in modernizing power plants without also being required to improve their pollution-control equipment. The Bush administration only last month acknowledged the existence of global warming. Meanwhile, Interior Secretary Gale Norton has been making speeches all over the nation about the “New Environmentalism.” On Earth Day, April 22, 2002, Secretary Norton and thirteen other top Interior officials fanned out across the country to preach the gospel of the New Environmentalism, but to environmentalists, the New Environmentalism is little more than political rhetoric that varnishes the truth about what’s being done.

Rhetoric aside, it’s indisputable that in 1995, as Texas governor, Bush resisted listing the salamander as an endangered species; as president, his administration is not doing all it could to protect the salamander.

Which leaves Central Texas with a crazy-quilt patchwork of regulations that are clearly failing to do the job. The City of Austin’s SOS Ordinance covers only twenty-nine percent of the watershed that recharges the Barton Springs segment of the Edwards Aquifer. The rest of the Barton Springs segment, located in southern Travis and northern Hays counties, falls under numerous political jurisdictions, including the Village of Bee Caves; the City of Dripping Springs, whose extraterritorial jurisdiction covers most of northern Hays County; the State of Texas Edwards Aquifer Rules administered by the Texas Natural Resource Conservation Commission; Hays County subdivision rules; and, for any new development served by the Lower Colorado River Authority’s pipeline to Dripping Springs, FWS rules agreed to in a Memorandum of Understanding. Thus, the Barton Springs salamander faces increasingly stiff odds for survival as development proceeds under whatever rules apply for the jurisdiction in which its built.

Caution: pollution ahead

Central Texas is in the midst of a drought. Unless the area gets significant rainfall to make up the growing deficit, the aquifer levels will continue to drop, as will the flows in Barton Springs. David Johns, a hydrogeologist with the City of Austin’s Watershed Protection Department, says water quality in Barton Springs begins to degrade when aquifer levels are lower, as in a drought. “You see most dissolved constituents increase in concentration as the discharge from the springs decreases,” Johns says. He also notes that in times of drought, Upper Barton Springs tends to go dry, giving the salamanders one less place to live.

Meanwhile, massive land developments currently seeking approvals would place even heavier loads on the overburdened aquifer. As this edition went to press, the City of Austin was considering a $15 million incentive package for Stratus Properties’ 1253-acre development within Circle C Ranch, which the developer claims is grandfathered under rules in effect when the Circle C development was first planned in the mid nineteen-eighties. In addition, the Village of Bee Cave just approved a $25 million to $30 million sales tax rebate for the Hill County Galleria, a proposed mall with about 1.3 million square feet of space, at the intersections of US Highway 71, Ranch Road 620 and Bee Caves Road.

Another potential threat to the salamander and Barton Springs is the Longhorn Pipeline, which this month is scheduled to begin pumping gasoline over the recharge zone of the aquifer. Although David Frederick signed off on the pipeline project after the operators took extensive—and expensive—steps to prevent a massive spill, environmentalists nevertheless fear the worst, a spill that will contaminate the water in the aquifer forevermore.

Massive new highway projects are slated over the aquifer recharge zone. Michael Aulick, executive director of the Capital Area Metropolitan Planning Organization that funnels state and federal funds to local highway projects, says three major highway projects are on the local horizon:

MoPac Expressway—The main lanes of Loop 1 will be extended from where they now end, south of US Highway 290, to cross William Cannon Drive, a distance of about 1.3 miles. This project will cost an estimated $10 million and should start construction about March 2003 and take two years to complete, according to Ed Collins, advanced transportation planning director for the Austin District, Texas Department of Transportation (TxDOT).

SH-45 South—State Highway 45 is slated to start Phase 1 construction, consisting of two lanes of a four-lane parkway, in August 2003. This project will extend eastward from the south end of Loop 1 and connect to FM 1626 near Marbridge. This is a $12.3 million project that will take about three years to complete, Collins says.

Oak Hill Interchange—A freeway interchange is slated for the Y in Oak Hill, where US Highway 71 branches away from US Highway 290, Collins says. This is a multi-phase project that will eventually produce a flyover, so that drivers can go from Ben White Boulevard to the lakes without a stop in Oak Hill. The frontage roads are slated to begin construction in July 2004 at a cost of $20 million. The main lanes would come later at a cost of $54 million. The flyover would cost another $13.6 million and wouldn’t start construction till 2013.

These roadway projects over the aquifer cause three concerns for the environment: road construction can add contaminants from sediment; road use can produce toxic runoff, including the possibility of spills; and bigger roads ease commuting and thus open up sensitive land on the periphery for more development.

Don Nyland, area engineer for TxDOT, says traps will be designed for these roadways to catch spills of up to 10,000 gallons. Grass-lined ditches and grassy swales will be incorporated to capture and filter the runoff. In addition, detention ponds may be installed in some areas, depending on the needs identified as the highway designs evolve. During construction, filter fences and rock berms are the standard erosion controls, he says.

It’s an open question whether the measures Nyland outlined will be adequate to protect the aquifer and salamander, however. Nancy McClintock, manager of the city’s Environmental Resources Management Division, says, “They’ve never built a road out there to nondegradation standards, so we don’t know what the future holds for us in terms of state-built roads, or how the FWS might influence how those roads are built.”

A massive new water supply is also opening up in the Hill County. In mid-June, the LCRA’s $20 million water pipeline project—formally known as the Northern Hays and Southwestern Williamson County Water Supply System—began delivering treated surface water to several hundred residences in Sunset Canyon, a subdivision east of Dripping Springs on US Highway 290. This month, the Dripping Springs Water Supply Corporation (DSWSC) will take delivery of the LCRA water as its primary supply to serve almost a thousand taps, says Joel Wilkinson of Neptune-Wilkinson Associates Inc., engineer for DSWSC. To accommodate the new service, DSWSC customers’ minimum water bills will rise forty percent, from twenty dollars a month for 3,000 gallons, to twenty-eight dollars a month, he says. Wilkinson says the DSWSC’s initial cost to hook up to the LCRA line was approximately $50,000. He says he does not anticipate a large increase in demand for water, although negotiations are ongoing to possibly supply water to a development south of Dripping Springs, near the intersection of Ranch Roads 12 and 150, that would have approximately three hundred fifty lots.

Brent Covert, utility development coordinator for the LCRA, says the new water supply system has the capacity to serve 7,630 taps.

Environmentalists fought the LCRA pipeline from the beginning, fearing that a high-capacity surface water supply would promote increased density in northern Hays County. And it will do just that, in the areas that are subject to Hays County’s rules for minimum lot sizes. Under those rules, a home within the Edwards Aquifer Recharge Zone equipped with a septic system and a private well requires a minimum lot size of five acres. With surface water, the same home with a septic system can be put on two acres. The saving grace is that under the LCRA’s Memorandum of Understanding with FWS, any new development served from the water line is supposed to comply with Water Quality Protection Measures, including buffer zones along streams, nondegradation standards for storm water runoff, and limits on impervious cover. Densities may be increased, however, if off-site land is provided and maintained in an undeveloped condition in perpetuity.

Engineer Karen Bondy, manager of Water and Wastewater Operations for the LCRA and project manager for the water supply pipeline, offers assurance that the LCRA will abide by the terms of the Memorandum of Understanding. “Any new development has to bring a letter of approval from the FWS before we will even talk to them about a water service agreement,” she says.

Undercutting the environmental community’s faith in the LCRA’s compliance with the Memorandum of Understanding is the perception that the Environmental Impact Study (EIS) for the water supply system, produced by Utah consultants Bio-West Inc. at a cost of $400,000, is fatally flawed. And it’s not only environmentalists who are concerned. Four of the scientists who were on the Water Resources Technical Advisory Group for the Bio-West study wrote a scorching nine-page critique of the EIS in January. The critique’s final paragraph says, in part, “As a technical document, the Bio-West EIS report has numerous serious deficiencies…We feel that the current version of this report is a disservice to the technical community of Central Texas, who must live with the consequences of this document…Unless the report is thoroughly revised, we suggest that it not be released.”

The critique was signed by US Geological Survey scientists Barbara Mahler, research hydrogeologist, and Raymond Slade, Texas District surface water specialist; hydrogeologist Rebecca Morris of the Barton Springs/Edwards Aquifer Conservation District; and hydrogeologist David Johns of the City of Austin.

Bondy is attempting to address the concerns of scientists and environmentalists over the study. Last month she wrote a letter to the Save Our Springs Alliance, for example, to address each of the organization’s criticisms. The LCRA also has hired Brigid Shea, former City Council member and former executive director of the Alliance, to help. “I’ve asked her to help us identify who in the public still would have issues and make sure we understand what those issues are, and we’ll continue to work to see if we can address those issues,” Bondy says. In addition, the LCRA has hired the Low Impact Development Center Inc., a nonprofit organization based in Beltsville, Maryland, to provide a detailed review of the Water Quality Protection Measures specified in the Memorandum of Understanding with the FWS.

So there you have it, the watered down biological opinion that allows the EPA to continue lax enforcement of the Construction General Permit; the patchwork of water quality controls over the Barton Springs segment of the aquifer; and a spate of new development, including land development, roadway projects and massive new water supplies for the hinterlands, with each project doing its share to further degrade water quality. Add it all up and next month’s celebration of the tenth anniversary of the passage of the SOS Ordinance may be dampened.

Grandfathering challenged

One cause for possible celebration by environmentalists, however, is the new litigation, filed June 24 by SOSA in state district court just as this edition was going to press. The defendants are Stratus Properties, its subsidiary Circle C Land Corp., and the City of Austin. Joining SOSA as plaintiff was the Circle C Neighborhood Association.

If successful, this lawsuit could strike down the state law that allows grandfathered development projects to go forward within Austin’s jurisdiction with less environmental protection than the Save Our Springs Ordinance requires. The lawsuit seeks injunctive relief and a declaratory judgment that would—if granted by the court—in one fell swoop nullify the grandfathering claims that Stratus Properties is asserting to wangle $15 million in incentives from the City of Austin.

SPRINGS-BUNCH“The Stratus deal on the table is a main target, but we’re looking at all the other grandfathered development projects in the watershed, not just in Austin’s jurisdiction,” says Bill Bunch, SOSA executive director. Bunch is being assisted in this lawsuit by attorneys Amy Johnson, a longtime environmental attorney, and David B. Brooks, who literally wrote the book on local government law in Texas.

The lawsuit argues that Texas Government Code Chapter 245 (grandfathering) rules exempt “regulations to prevent imminent destruction of property.” It asserts that groundwater, surface water and wildlife are forms of property threatened by pollution, and argues that the Save Our Springs Ordinance was enacted to protect the quality of groundwater, and thus the ordinance is exempt from grandfathering rules.

While this legal argument at first may seem farfetched and awfully late in coming, especially in view of the deal that the city struck in settling its long-running battles with developer Gary Bradley, there is a legal precedent. In 1997, developer Ken Slider sued the City of Sunset Valley seeking the right to build out two lots with more impervious cover than permitted by Sunset Valley’s Land Development Code and water quality regulations. Slider claimed that because the two lots were subdivided in 1983 and Sunset Valley’s Land Development Code and water quality regulations were enacted at a later date, his project was exempt. The City of Sunset Valley litigated this issue and won a summary judgment in December 1997. Senior District Judge Jerry Dellana ruled that the City of Sunset Valley’s Land Development Code, limiting development in watersheds and establishing variance standards and procedures for development in watersheds, is a “regulation to prevent imminent destruction of property and injury to persons” according to Texas Government Code, and thus exempt.

If SOSA’s lawsuit is able to overturn the grandfathering rules that have allowed so many thousands of acres to escape the environmental controls required by the SOS Ordinance—and that’s a big if, as this is being written—it would be a capstone to Bill Bunch’s decade of trench warfare on behalf of the aquifer and the salamander. He will be leaving in September to spend a year in Prague, Czechoslovakia, where he met his wife. “I will still be working part-time for SOS, telecommuting,” he says, “but the main reason is to finish the book I started, and learn to speak Czech and drink some Czech beer. It’s good and it’s cheap.”

Can we all just plan?

SPRINGS-FREDERICKBut what does the future hold for the Barton Springs segment of the Edwards Aquifer and the Barton Springs salamander? With respect to the FWS, only time will tell whether David Frederick’s successor as Austin field supervisor will be as aggressive about protecting the salamander and as willing to work with developers for solutions. Renne Lohoefener started work around June 1, not to replace Frederick but to oversee the entire state. Lohoefener transferred from Washington, DC, where for about two years he was chief of endangered species for the FWS. “I will be hiring Dave Frederick’s replacement,” he says. Lohoefener will oversee the field supervisors in four major FWS locations: Austin, Arlington, Clear Lake and Corpus Christi. He says he hopes to fill the Austin field supervisor’s position by around September 1. Meanwhile, Bill Seawell will continue as acting field supervisor in Austin.

As to the future direction the FWS will take, Lohoefener says, “I think we’ll keep doing what we’ve been doing. We have laws and regulations to implement and we are going to be looking to do it in a partnership with anybody that wants to work with us and we are certainly going to be looking for new ways to implement the Endangered Species Act, flexibly. We’ll be as creative as we can with our partners to get the job done, but get the job done in a way that people think they can live with it.”

One thing that Frederick constantly preached as Austin field supervisor was the need for regional planning. In fact, the Memorandum of Understanding between the FWS and the LCRA for the Dripping Springs waterline specifically called for it: “Local governments are encouraged to initiate an effort to develop a regional solution for water quality protection in the Barton Springs watershed that will assure new development will be in compliance with the Endangered Species Act with respect to the Barton Springs salamander.”

Lohoefener says Frederick’s emphasis on regional planning was warranted. “I think Dave was exactly right,” he says.

It seems FWS officials now recognize what local environmentalists have been saying for more than a generation. The Save Barton Creek Association was founded in 1979. At its twentieth anniversary party in November 1999, attorney Wayne Gronquist said regional planning was one of the founding principles of the organization. “We advocated a century plan, a preservation plan specific to the Barton Springs watershed for a hundred years.”

No such plan has been devised. Instead, the fate of the watershed rests in the hands of a host of governmental entities that don’t often work in unison, each left to its own devices to react to the flood of development projects fueled by a never-ending growth in population.

While the initial efforts to begin regional planning for northern Hays County was aborted in September 1999, there is a glimmer of hope on the horizon. Two separate initiatives are underway to develop regional plans.

One is a grass-roots effort sponsored by the Friendship Alliance of North Hays County. A few months ago, Rob Baxter, president of the Friendship Alliance, along with David Baker, executive director of the Wimberley Valley Watershed Association, sponsored a meeting of elected officials from Hays County, Hays County municipalities, the Barton Springs/Edwards Aquifer Conservation District, and the Hays-Trinity Groundwater Conservation District. The upshot of the meeting, Baxter says, was the elected officials agreed that regional planning was needed, and they asked Baxter and Baker to draft a resolution calling for the appointment of a Blue Ribbon Committee to work on a regional plan for north Hays County. The draft resolution would require a unanimous vote by the Hays County Commissioners Court, Baxter says.

Hays County Judge Jim Powers attended the meeting hosted by Baxter and Baker. “I feel like we desperately need to move the process forward,” Powers says. “I think regional planning for water quality is an important issue that we need to really focus on, so we can find new ways and better ways of not only protecting the environment, but also providing good clean water to the citizens of Hays County.” It’s unclear when the resolution to appoint a Blue Ribbon Committee might be ready for the Hays County Commissioners Court to consider, Powers says, as the county budget is absorbing their attention at present.

More promising is the work being done by the Central Texas Regional Visioning Project. A board comprised of nearly seventy members was announced in February, under the leadership of Chairman Neal Kocurek. The board has representation from all five counties in the metropolitan area and a broad range of constituencies, including business, elected officials, equity, environment, neighborhoods, and strategic partners.

One member of the board is Jon Beall, president of the Save Barton Creek Association. He says the Visioning Project will help protect water quality. The larger question the Project is going to try to address, Beall says, is “Where are we going to put the next 500,000 people? If we decide we don’t want to put them over the aquifer, it’s going to have benefits for the entire region.” Beall says the Visioning Project has already been funded to the tune more than a million dollars and is professionally managed by Fregonese Calthorpe Associates, regional and urban planning consultants based in Portland, Oregon, and Executive Director Beverly Silas. “All my conservative friends get a little nervous when they hear I’m involved” in the Visioning Project, Beall says, “and there’s a little nervousness from my progressive friends when they hear Neal Kocurek is involved. So everybody who’s not involved is nervous that it’s going to be controlled by the progressives or by the conservatives, but it’s really a very good process.”

Beall believes the Visioning Project will eventually need to ask the Texas Legislature for enabling legislation to implement regional planning. “First we want to come up with a plan. Then it will be up to the region and its elected officials to implement,” he says. At this stage, he says, it’s not clear what the Legislature will be asked to do, but one thing is clear: the state will not be asked for more money. “It will require some kind of regional body authorized by the Legislature where our sixty different political subdivisions (including counties, municipalities, school districts, water districts, and others) are brought together under some kind of regional authority.”

It’s everybody’s problem

Whatever kind of plan surfaces, if it brings allies to the City of Austin’s long-running efforts to protect the environment, that would be a welcome change, says City Council Member Daryl Slusher. “The City of Austin over the last five years spent $65 million on the purchase of land (to prevent growth over the aquifer),” Slusher says. “There hasn’t been any help from the state, no help from the federal government and no help from any surrounding jurisdiction. All that land over the aquifer has been purchased by the City of Austin. So we need more players participating, not just in the planning, but in implementing the plan.

“The plan is simple: buy some land, have strong water quality protection ordinances, steer development off the aquifer like the City of Austin’s been doing, and clean up your existing pollution sources,” Slusher says.

Cleaning up existing pollution is the goal behind the Austin City Council’s recent resolution asking city staff to identify the top ten sources of pollution for Barton Springs. Environmental Resources Manager Nancy McClintock says the staff is still grappling with how to accomplish that task, but hopes to present the council with a proposed approach later this summer. Retrofitting projects are both expensive and difficult, McClintock notes. A 1995 study estimated a cost of $11 million for about twenty-six projects that collectively would make only a small improvement in water quality in Barton Springs, she said.

McClintock says some retrofitting projects will be done, but emphasis will be put on educational programs such as the Grow Green Program that encourages the use of plants that reduce the need for pesticides, fertilizers and watering, and provides less toxic solutions to landscaping problems.

Educating and gaining cooperation of the large population that resides over the recharge and contributing zones of the Barton Springs segment of the Edwards Aquifer will be a monumental task. But in the long run, we can only undo the tragedy of the commons, and clean up the fouling of our nest, if we all do our parts. If not, the salamander’s fate appears to be sealed, and perhaps with it the water supply upon which 50,000 people depend for daily sustenance.

And what of Barton Springs? The three-acre pool is the crown jewel of Zilker Park, named for Andrew Jackson Zilker, who bought the land in 1901. The place that Native Americans called the Sacred Springs and visited to heal their wounds has offered nourishment and respite for hundreds of years. The place we call the Soul of the City may in time become little more than a silt-filled and contaminated relic of the past. And what are we, if we lose our soul?

Ken Martin, editor of The Good Life, recalls the words of Roman emporer and philosopher Marcus Aurelius: “That which is not good for the beehive cannot be good for the bees.”

 

A Century of Barton Springs History

Barton Springs is the fourth largest spring in Texas, exceeded only by Comal, San Marcos and San Felipe. There are four spring outlets at Barton Springs: Pathenia (the main spring, in Barton Springs Pool); Eliza (also known as Elks, adjacent to the concession stand); Sunken Garden (also known as Old Mill or Walsh, located on the south side of the pool); and Upper Barton Spring, located in Barton Creek immediately upstream from Barton Springs Pool. Today, only Upper Barton Springs is not impounded in concrete.

1901—Andrew Jackson Zilker purchases the land which includes what Native Americans had called Sacred Springs, a place they visited to heal their wounds. At the site of one of the springs, Zilker soon builds a small concrete pool and amphitheatre for members of his Elks Club organization.

1917—The property becomes a city park.

1929—The area around the main spring outlet is impounded to create Barton Springs Pool, a thousand feet long, enclosed by a concrete lower dam and sidewalks on both sides.

1932—The city adds an upper dam.

1946—The Barton Springs salamander is first collected from Barton Springs Pool by Bryce Brown and Alvin Flury.

1978—Dr. Samuel Sweet of the University of California at Santa Barbara is the first to recognize the Barton Springs salamander as distinct from other Central Texas Eurycea salamanders based on its restricted distribution and unique morphological and skeletal characteristics (such as its reduced eyes, elongate limbs, dorsal coloration, and reduced number of presacral vertebrae).

1979
(1) Construction begins on Barton Creek Square Mall. Dorothy Richter, who swims daily at Barton Springs Pool, says, “The first time I noticed the springs running muddy was when they dynamited the hill to build Barton Creek Square Mall.” The mall is built on Loop 360 above Barton Creek with more than 1 million square feet of retail space and enough parking for a major airport. In response, Richter and others form the Zilker Park Posse, a coalition of groups. In September 1979, attorney Wayne Gronquist files the paperwork to incorporate the Posse and form a political action committee.
(2) The Save Barton Creek Association is formed.

1981—The Barton Creek Watershed Ordinance is enacted. Bond proposals that would have extended water and wastewater service into this sensitive watershed are defeated.

1982—The US Department of Interior on December 30 recognizes that the Barton Springs Salamander might be endangered or threatened, and listed the species as a “Category 2” candidate.

1990—The Austin City Council holds an all-night hearing at which 800 people sign up to speak, most in opposition to Freeport-McMoRan Inc.’s proposal to build a 4,000-acre development on Barton Creek. The council votes unanimously to reject the development proposal.

1991—The Save Our Springs Coalition forms to gather signatures needed to put the Save Our Springs Ordinance on the ballot.

1992
(1) On January 22, Mark Kirkpatrick and Barbara Mahler petition the US Fish and Wildlife Service (FWS) to list the Barton Springs salamander as an endangered species and to designate critical habitat for the species.
(2) On August 8, the Save Our Springs Ordinance is approved by voters by a margin of 42,246 to 26,187. Voters reject an alternative proposition the council had put on the ballot by 44,556 to 24,140.
(3) On December 11, the FWS publishes a finding in favor of adding Barton Springs salamander to the Endangered Species Act.

1994—FWS publishes in the Federal Register a proposal to list Barton Springs salamander as an endangered species.

1995
(1) The Save Our Springs Legal Defense Fund (SOSLDF) files suit asking the court to force US Secretary of Interior Bruce Babbitt to make a decision on whether to list the Barton Springs Salamander as an endangered species.
(2) Texas Governor George W. Bush’s letter of Feb. 14 expresses “deep concerns because the proposed action by the federal government may have the potential to impact the use of private property.”

1996
(1) On July 10, Judge Bunton grants SOSLDF motion for preliminary injunction and orders Secretary Babbitt to make a decision on whether to list the salamander as endangered, withdraw the listing, or extend the time to make a decision by no more than six months.
(2) The Barton Springs Salamander Conservation Agreement and Strategy is signed August 13 by the Texas Parks and Wildlife Department, the Texas Natural Resource Conservation Commission, the Texas Department of Transportation, and FWS.
(3) On September 14, Babbitt withdraws the proposed rule to list the salamander as endangered because of the commitment of the state of Texas to the Conservation Agreement.
(4) SOSLDF files suit October 29 challenging Babbitt’s decision to withdraw the proposed listing of the Barton Springs salamander.

1997
(1) On March 25, Judge Bunton rules on the SOSLDF lawsuit and remands it to the Secretary to make a listing determination with respect to the Barton Springs salamander consistent with this opinion not later than 30 days from the date of this order, stating, “The ESA requires the Secretary to disregard politics and to make listing decisions based solely on the best scientific and commercial data available…The court finds as a matter of law that the Secretary’s decision to withdraw the listing of the Barton Springs salamander was arbitrary and capricious and that the Secretary relied upon factors other than those contemplated by the Endangered Species Act.”
(2) The Federal Register of April 30 lists the Barton Springs salamander as an endangered species.

1998
(1) The Environmental Protection Agency (EPA) issues a General Construction Permit on July 6, which regulates the effects of construction and development on endangered species, including construction in the recharge and contributing zones of the Barton Springs segment of the Edwards Aquifer.
(2) On October 21, the FWS requests consultation with the EPA regarding the Construction General Permit’s effect on the Barton Springs salamander.

1999
(1) On March 26, the Texas Capitol Area Homebuilders Association (TxCABA) files suit against the Department of Interior and FWS, challenging the FWS’ request for consultation with the EPA.
(2) On June 29, the FWS for the second time requests consultation with the EPA regarding the permit’s effects on the Barton Springs salamander.

2000—The SOS Alliance (SOSA) files suit against the EPA on June 15, challenging the failure to consult with the FWS regarding the General Construction Permit’s effects on the salamander. US District Judge Sam Sparks consolidates the TxCABA and SOSA cases.

2001
(1) All parties to the lawsuit execute a settlement agreement filed in court April 23. Judge Sparks dismisses the cases without prejudice pursuant to the agreement on April 27. Under the agreement, the EPA agrees to request initiation of the consultation with the FWS beginning within 14 working days of the execution of the agreement and the FWS agrees to provide a draft biological agreement within 30 days of receiving certain information from the EPA.
(2) On July 19, the FWS issues a draft biological opinion stating the Construction General Permit is likely to jeopardize the continued existence of the salamander, and would require additional protective measures to be instituted.
(3) On September 5, FWS, EPA, and Department of Interior (DOI) officials meet in Washington, DC, to discuss the draft biological opinion and alternatives.
(4) In December, FWS Regional Director Nancy Kaufman is reassigned to Washington, DC.
(5) On December 17, SOSA files a lawsuit alleging EPA, DOI and FWS breached the earlier settlement agreement and violated the Endangered Species Act.

2002
(1) A workshop jointly sponsored by EPA and FWS is held in Austin March 27-28 to gather comments on the draft biological opinion, focusing on the hydrology and water quality of Barton Springs Recharge and Contributing Zones as well as the biology of the Barton Springs salamander.
(2) Defendants in the SOSA lawsuit of December 17 move to stay proceedings in this case until July 25, when they contend they will have completed the consultation. They provide a Memorandum of Understanding in which EPA and FWS agree to complete their ESA consultation regarding the effects of the permit on the salamander by July 25. Meanwhile, development will continue under the permit.
(3) On March 26, Judge Sparks slaps down the motion to stay the proceedings, writing, “Apparently the defendants expect this court to believe the self-imposed date they set in the Memorandum of Understanding will be more effective than the date they selected in the Settlement Agreement in order to convince this court to dismiss two complex lawsuits against them. The court is not convinced the defendants can abide by any deadlines, much less self-imposed ones, and the defendants have not provided the court with any plausible reason for the delay. The consultation was to have begun approximately 11 months ago. The defendants claim they need until July 25, 2002, to complete the consultation. The court cannot fathom why an entity as resourceful and mammoth as the federal government needs 15 months, the gestation period of a black rhinoceros, to complete a consultation concerning the effects of construction on a three-inch creature. The court especially cannot see any legitimate, apolitical reason the defendants need over a year—the gestation period of an ass—to finalize a draft biological opinion. Almost seven months have passed since the defendants were obligated to complete the consultation under the terms of the settlement agreement and the court sees no reason to condone further delay.” Judge Sparks orders the EPA and FWS to complete their consultation regarding the effects of the EPA’s Construction Storm Water General Permit on the Barton Springs salamander within 40 days.
(4) On May 6, a final biological opinion is signed by H. Dale Hall, acting regional director of FWS. The opinion states “…the continued operation of the Construction General Permit in the Barton Springs watershed, as proposed, is not likely to jeopardize the continued existence of the Barton Springs salamander.”
(5) On or about May 6, FWS Austin Field Supervisor David Frederick is reassigned to the regional headquarters.
(6) On May 17, SOSA files suit, claiming the final biological opinion is “arbitrary and capricious.”
(7) On June 24, SOSA files suit against Stratus Properties, its subsidiary, Circle C Land Corp., and the City of Austin, seeking a court ruling that the SOS Ordinance is exempt from grandfathering rules under state law.

 

-Ken Martin
This was originally published in The Good Life magazine in July, 2002
 

 

Fighting Eviction: Will term limits force a vanishing act for three Austin council members?

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About 8,000 words

Photography by Barton Wilder Custom Images

FIGHTINGEVECTION-COUNCIL

The three most experienced members of the Austin City Council want another term, but voters will not get the chance to reelect them—or toss them out in favor of other candidates—unless the trio can gather enough signatures to win a place on the ballot. Their predicament stems from the imposition of term limits by voters in 1994, in the form of an amendment to the Austin City Charter.

Term limits got on the ballot almost without discussion. The Austin American-Statesman reported March 4, 1994, that three speakers at a council meeting opposed amending the charter to include term limits. One was Frances McIntyre, president of the League of Women Voters, who said, “Term limits interfere with my right and yours to choose who we want in office.”

Save for that minimal opposition, consideration of the implications of limiting how long a council member could serve was lost among twenty-one other propositions on the ballot, some of which were seen as vastly more important at the time. Proposition 1, if approved, would have established single-member districts for the future election of council members. Proposition 22 was the highly charged campaign over whether to repeal insurance benefits for the unmarried domestic partners of city employees, a measure put on the ballot through the petition drive of conservative Christians who banded together under the name Concerned Texans. The so-called “shack-up insurance” was a hot-button issue that lit up the phone lines on talk radio and triggered the formation of a more liberal Mainstream Austin Coalition of churches to try to defeat the amendment. Noting the significance of Proposition 22, on election day the Statesman reported, “It has taken on national importance as a test of support for gay rights and the power of religious groups to influence political decisions.”

The election of a mayor and three council members was on the same cluttered ballot, and Daryl Slusher, who had built a following as politics editor of The Austin Chronicle, managed to make it into a runoff for mayor with incumbent Bruce Todd. Slusher lost that race by just 1,339 votes.

The fervor for term limits was sweeping the country, and Austin was not immune. Fifty-nine percent of the voters approved Proposition 2, with 46,222 voting yes, 31,489 voting no. Ronney Reynolds, who was on the city council at the time and supported term limits, told the Statesman after the election that the vote was a criticism of the council: “There’s a natural distrust of politicians, and people feel like with term limits there will be turnover without the incumbent having the advantage in every election.”

Passage of Proposition 2 meant that, beginning with elections after 1994, anyone elected for two terms can get on the ballot again only by submitting a petition signed by at least five percent of the city’s registered voters.

Mayor Pro Tem Jackie Goodman was first elected in 1993; her first three-year term on the council did not count for the purposes of term limits. Her reelection in 1996 and 1999 did count. So it’s two strikes and she’s out unless she can raise the signatures.

Council Members Beverly Griffith and Daryl Slusher were first elected in 1996 and then reelected in 1999. They, too, must petition or step down.

A mountain to climb

The number of signatures needed to equal five percent varies from time to time, as people are added to or deleted from the voter registration rolls, but the latest estimate is that 21,109 valid signatures will be needed to get on the ballot for the May 4 election. The number is a moving target, however, and it could go up if significant numbers of people decide to register before the petitions are submitted, which is likely given the upcoming March 12 party primary elections that include numerous statewide races.

To put this figure into perspective, it should be noted that only one of these incumbents garnered that many votes when they were reelected the last time in 1999. All three were reelected without a runoff. Goodman got 21,747 votes to thump her only challenger. Slusher got 18,721 votes to defeat five opponents. And Griffith garnered 17,085 to beat eight challengers (earning a footnote in history, as it marked the first time since council seats were designated by places in 1953 that an incumbent who faced so many challengers did not need a runoff to secure reelection).

Getting the number of signatures they need is not impossible—but it is difficult. The fact that these three council members are willing to even try to corral so many signatures says something in itself. Why do they want so badly to hang onto a council seat that pays $45,000 a year (raised from $30,000 effective July 2, 2000) and comes with a built-in supply of people to criticize anything they do, or fail to do? Each of the incumbents answered that question differently:

Goodman: “Why am I doing this? To be perfectly honest it’s because I’m competitive. But the larger picture is that an awful lot of good, caring people wanted me to run again…It’s hard to tell those folks that someone else will do what I do, because I’m not sure that’s true. I’m not sure someone else will have the focus and understanding and commitment that I have and will always have.”

Griffith: “It’s in the public interest that folks who have the experience and corporate memory are there to serve.” Noting that Austin has a new mayor and new general manager for the electric utility, and soon will have a new city manager, Griffith says, “What citizens are telling me is that we absolutely cannot afford the loss of the three senior, most experienced, most knowledgeable council members at the same time. It could be very high risk…We must have people with business experience, neighborhood credentials, and a strong environmental record at the helm or there’s a lot of uncertainty, which people are telling me they don’t want right now.”

Slusher: “I have real mixed feelings about going for another term. I feel like there’s more work to do. It’s a critical time for the city. Finances are a particularly serious challenge. We need stability at City Hall. This is what I got from many people, leading up to deciding whether to run again.”

Scrambling for signatures

So far, the petition drives that will determine whether the three council members make it onto the ballot again are getting mixed results. Griffith said January 16 she had “north of 13,000” signatures. Weekly meetings and pep rallies with petitioners are keeping the process on track, she says.

Griffith’s petition drive was shot out of a cannon the first day, as paid petitioners were at the polls during the November 6 presidential election and netted some 2,000 signatures, she says. Griffith’s petition drive is headed up by Linda Curtis, who has completed numerous successful petition drives, including the effort by Austinites for a Little Less Corruption that got campaign-finance reform on the ballot and approved by Austin voters in 1997. She also was a driving force in the petition of Clean Campaigns for Austin last year, which was responsible for getting the Austin Fair Elections Act on the ballot this May to repeal and replace the Little Less Corruption reforms.

Slusher declines to say how many signatures he has gathered but concedes he is worried. “I’m working hard on it and I think it’s possible, but it’s a very difficult task and not certain. I’m more confident of getting reelected if I get on the ballot than I am of getting the signatures.”

Goodman says she has not had time to count the signatures gathered so far, as many petitions are being circulated by volunteers. She indicated that even Slusher’s petition drive was organized well before hers. Asked if she’d get enough signatures, Goodman said, “I don’t know.”

Goodman and Slusher at first relied mainly on volunteers. In December they jointly hired veteran political campaigner Pat Crow to lash together a renewed effort to collect signatures. But they said that except for the booth at the Armadillo Christmas Bazaar, where petitions for all three candidates were available to sign December 13 through December 24, not much got done during the holidays.

The cold weather hasn’t helped. Because of frigid temperatures, howling winds, and no protected space where she could pitch an appeal to people coming and going, Linda Curtis said she wouldn’t even try to get signatures from the crowds flocking to a weekend automobile show at Palmer Auditorium.

Slusher said he and Goodman were hoping to fire up more enthusiasm with a “good old-fashioned Musical Sign-Along” January 27 at Antone’s, featuring Joe Ely, Toni Price and a long list of other musicians providing the attraction of star power to build political power. The admission of ten bucks was to be waived for anyone bringing in petitions with ten valid signatures for each of the council member hosts.

While Slusher and Goodman try to boost their petition drives through traditional grass-roots methods, complete with rally-round-the-flag gatherings, Griffith pushes ahead with a team of seasoned signature snaggers.

Mike Blizzard of Grassroots Solutions is a political consultant to the Griffith campaign and has helped to formulate strategy for the petition drive. “My prediction is that Beverly’s will succeed,” he says. “If she keeps up the rate she’s going she will turn in 26,000 signatures.” The last big push will be made at the March 12 party primary election, where every signature gathered is certain to be a valid, registered city voter.

The absolute deadline for submitting petitions is March 20—the last day of the filing period for a candidate to apply for a place on the May 4 ballot.

Pushing the petitioners to produce results includes paying bonuses for anyone on Griffith’s team who gathers 2,000 signatures, Blizzard says. “The key is sustained effort. You have to have people doing it on a daily basis or you will not succeed,” he says. To make the deadline, he said, the team of petitioners must consistently average 1,500 signatures a week.

While Griffith seems to be the only sure bet to finish her petition drive successfully, some people criticize her tactics.

Ginny Agnew, chair of the city’s Ethics Review Commission, says, “Beverly Griffith may be the poster child on the issue, because the thing you’re trying to do is limit the power of the incumbency and the power of the pocketbook, and there she is buying signatures to overcome the rule of term limits. She makes herself impervious to attack because she has money to put into her campaign and the power of the incumbency.”

But, given term limits, and given the restriction that only incumbents who can demonstrate broad public support through a petition drive can get on the ballot, Griffith appears to be following the rules.

Blizzard says that Griffith has put only $5,000 of her own money into the campaign and has demonstrated phenomenal community support in gathering another $30,000, in spite of the $100 contribution limits. “Raising money that way, you have to be tenacious and organized,” he said.

Slusher says he had intended to launch his petition drive at the annual Diez y Seis celebration where, traditionally, thousands of people gather to celebrate Mexico’s independence from Spain.

But that event, scheduled for September 15, was canceled out of respect for the victims of the September 11 terrorist attacks. Slusher delayed his petitioning for a month and started in October, he says, mostly with volunteers gathering signatures. “I announced I would do it October 11. But it was hard to get geared up because I couldn’t raise money till November 6,” he says, alluding to City Charter restrictions that prohibit raising money more than 180 days before an election. “I had to go make copies and pay out of personal funds, and I don’t have all that much personal funds. It got started in earnest on November 6.”

Goodman says she started her petition drive November 9. “For me, it was a one-person campaign for some time. When I had a minute, I’d run make copies.”

While the three council members are all facing the same formidable challenge, they are not exactly the Three Musketeers, all for one and one for all. It’s not that they don’t wish each other well, and want all the petitions to succeed, but ultimately each incumbent is responsible for gaining a place on the ballot.

Will they exploit loophole?

The one way the three incumbents could help each other—in the event one or more petitions fail to pass muster—is to swap council seats. That’s a loophole in the charter. Term limits only apply to a given place seat. While political backlash is possible from voters angered by an end-run around term limits, the strategy is technically possible.

Slusher says he doesn’t plan to slip through that loophole.

“A lot of people are trying to get me to switch seats and not go through this ordeal of getting the signatures, but I don’t like that option,” Slusher says. “I just can’t get past the fact I don’t think that was the intent of the voters. I call on people to follow the intent of the voters, like the SOS Ordinance, where I call on developers to follow the will of the voters.”

Goodman is more ambivalent, saying, “It’s an option. I don’t know if it’s one I would take. I’d have to think about that. This (petition drive) is logistically almost an overwhelming task. It takes your total energy and commitment, so knowing there’s another option is not something I’m spending any time thinking about right now.”

Griffith, who at this point seems the least likely to need to think about switching seats, says she is reviewing the situation.

While the three incumbents are galloping toward the wire in the petition drives—and facing a moral dilemma about changing seats if the signatures fall short—the circumstances are conspiring to create a scenario for the May 4, 2002, election that is eerily reminiscent of 1994.

In early 1994 the Austin City Council was reeling from problems at Brackenridge Hospital, including a $21 million deficit. Today, Brackenridge Hospital is once again a serious problem, as Catholic doctrine imposed on Seton, operator of the city-owned Brackenridge Hospital, threatens to interfere with women’s reproductive healthcare at the facility.

In early 1994 City Manager Camille Barnett was forced to resign because of the Brackenridge situation and Jesus Garza was hired as city manager to fix the mess. Today, Garza has submitted his resignation to take a job with the Lower Colorado River Authority, and the council is mulling the promotion of Deputy City Manager Toby Futrell to succeed Garza.

In 1994 voters were called on—for the fifth time—to decide whether to elect future City Council members from geographic districts instead of at-large. Today, the Charter Revision Committee has recommended that the City Council put single-member districts back on the ballot again.

One major difference in this year’s election is that nothing on the ballot is likely to draw the massive numbers of conservative voters that flocked to the polls in 1994, when Concerned Texans successfully petitioned to get Proposition 22 on the ballot to repeal insurance benefits for domestic partners of unmarried city employees. But, since this year’s ballot items won’t be set until around mid-March, this could change.

In 1994 voters approved the term limits that are plaguing the three incumbents. Today, if the Charter Revision Committee’s recommendations are followed by the council, voters will get a chance to repeal term limits.

But that won’t save the council careers of three officeholders whose terms are up. They’re going to have to do that for themselves.

The good news for Goodman, Griffith, and Slusher is that if they do succeed in gathering enough signatures to get on the ballot, they’re not going to be evicted—not by term limits and not by a challenger.

In the first place, all three clobbered opponents to win reelection in 1997 without even a runoff. And this time each of them will have in hand the petitions that identify some 25,000 supporters who can be targeted and herded to the polls. No challenger can ever hope to have that kind of information. They will be untouchable.

Ken Martin is editor of The Good Life. He agrees with the title of a book written by Henry B. Fox of Circleville: Dirty Politics is Fun. For the journalist, anyway.

Historical footnote: All three council members succeeded in getting on the ballot through successful petition drives. But our prediction about being untouchable proved wrong, in one case. A summary of the election results, obtained from the City of Austin’s Election History page for the May 4, 2002, election, is as follows:

Daryl Slusher: Reelected to the Place 1 council seat with 54.79% of the vote.

Jackie Goodman: Reelected to the Place 3 counci seat with 59.89% of the vote.

Beverly Griffith: Placed second to Betty Dunkerley, with 29.03% of the votes compared to Dunkerley’s 41.75%. Griffith then opted not to continue to campaign for the seat in a runoff election to which she was entitled.

Round 2 for Campaign Finance Reform

Will voters decide to pony up?

“Politics is a place of humble hopes and strangely modest requirements, where all are good who are not criminal and all are wise who are not ridiculously otherwise.”

—Frank Moore Colby (1865-1925)

Somebody’s got to pay for election campaigns and the theory of a group of local reformers, Clean Campaigns for Austin, is that’s it better to help with public money than to have politicians obligated to private interests. To understand why, one only has to think of the national scandal currently unfolding, as politicians richly endowed with contributions from bankrupt energy trader Enron Corporation must now be expected to lead the investigation into how investors and employees were bilked.

The most vivid local example of how political contributions taint the public’s interest was reported by the Austin American-Statesman January 24: Texas Attorney General John Cornyn, a Republican candidate for the U.S. Senate, has recused himself from the investigation of the Enron matter that cost Texas state agencies $68.5 million. The reason? He collected $193,000 in campaign contributions from Enron interests between September 1997 and June 2001.

When Austin voters go to the polls May 4 to elect three council members, they will also get to decide whether to approve the Austin Fair Elections Act. The Act would provide an initial grant for qualifying candidates who agree to abide by voluntary restrictions and it would subsequently match amounts the candidates raise, up to the maximum allowed.

To qualify for public funding, a City Council candidate would have to get signatures from 500 registered city voters (or an eighth of one percent of the registered voters, whichever is greater) and a five-dollar contribution from each signer. Mayoral candidates must get 1,000 signatures (or a fourth of one percent of registered voters, whichever is greater) and contributions of five dollars each.

Some fear these thresholds are too low and would allow marginal candidates—such as Austin perennials Leslie Cochran and Jennifer Gale, who offer little more than comic relief—to qualify. Clean Campaigns proponents say experience in other jurisdictions with public campaign financing indicates fringe candidates rarely qualify for public funding. Think of it this way: It’s one thing to sign a petition that costs you nothing; it’s another to fork over five bucks when you sign; and it’s harder still if you realize that a candidate who qualifies is going to receive public funding. That’s enough to sober up any taxpaying citizen.

Candidates are allowed to raise seed money in contributions of up to $200 per donor to pay the expense of qualifying for public funding. Council candidates may spend up to $10,000 in seed money, mayoral candidates $20,000.

Qualifying candidates for City Council would receive initial grants of $16,666. Qualifying mayoral candidates would receive initial grants of $33,333. Thereafter, candidates could accept contributions of up to $200 per donor; these would be matched by public funds, with two dollars provided from public funds for each one dollar raised privately. Council campaigns could spend no more than $100,000 in the general election and $100,000 in the runoff. Mayoral candidates could spend $200,000 in the general election and $200,000 in the runoff.

A participating candidate’s spending limits would be adjusted upward to match the amount spent by any opponent who exceeds the voluntary spending limit, whether from personal funds or contributions. This provision addresses situations like the 1997 council campaign, in which millionaire Manuel Zuniga poured more than $92,000 of his own money into the general election and runoff he lost to Bill Spelman.

A participating candidate’s spending limits would be adjusted upward to match any independent expenditures opposing the candidate or supporting an opponent if the independent expenditures exceed $25,000 in a council race or $50,000 in a mayoral race. This provision addresses situations like the 2000 council elections, in which lottery winner Thomas “Hollywood” Henderson and the Austin Police Association made independent expenditures that boosted the candidacy of Austin Police Officer Danny Thomas, who defeated incumbent Willie Lewis.

Reform by citizen initiative

The Austin Fair Elections Act will be on the ballot as a result of a petition drive by Clean Campaigns for Austin to amend the Austin City Charter. If voters approve it, the Austin Fair Elections Act would repeal and replace the campaign finance reforms approved by more than seventy-two percent of voters on November 4, 1997. That reform reduced the amount of money candidates could accept from political action committees. It also limited individual contributions to $100. That limit has been viewed in hindsight as too low, even by members of Austinites for a Little Less Corruption, who got the initiative on the ballot through a petition drive.

The Austin Fair Elections Act was written by attorney Fred Lewis. He is founder and president of Campaigns for People, whose mission is to promote workable reforms that restrain the influence of money on state government and create an ethical climate that builds public confidence in the state’s democratic institutions. Lewis says his initial draft of the Austin Fair Elections Act ran thirty pages. The Brennan Center for Justice at the New York University School of Law, an organization involved in litigation and reforms for campaign financing, edited the draft down to nine pages, he says.

Lewis also wrote a twenty-one page fiscal analysis of the cost of implementing the Austin Fair Elections Act. Based on the experience of publicly funded campaigns in Arizona, Maine, New York City, and Los Angeles, Lewis estimated the cost of Austin’s partial public funding at $806,000 for 2003, when the mayor and three council positions will be up for election; nothing in 2004, when there are no elections scheduled; $716,000 in 2005, when three council positions will be up for election; and $1.3 million in 2006, when the mayor and three council positions will again be on the ballot. The analysis assumes that with each election the candidates will grow more familiar with how the Austin Fair Elections Act works, and over time more candidates will choose to participate in the voluntary system that provides matching funds.

The money to pay for the partial system of public funding would come mainly from the city’s general fund. The Austin Fair Elections Act limits funding to a maximum of one-quarter percent of the city’s annual budget. The city calculates that’s about $4 million. But, the Act requires the Ethics Review Commission to make a written estimate of the amount needed for an election cycle and submit it to the City Council for appropriation. At least five percent of the amount appropriated must be used to administer the Act.

The Act requires a voluntary check-off system be made part of the city’s utility billing system; ratepayers would be able to contribute to the Fair Elections Fund, just as they do now for the Plus 1 Program, which helps poor people pay utility bills, and the Tree Planting Program. Qualifying candidates would be required to deposit into the Fair Elections Fund all qualifying contributions and any surplus seed money collected.

Fiscal conservatives may be philosophically opposed to using public funds to pay for campaigns. Others figure it’s cheaper for citizens to buy candidates than let private money taint the public interest.

Mike Blizzard of Grassroots Solutions, a strategy consultant for Clean Campaigns for Austin, says it’s a matter of cost and benefits. “The issue here is whether people will accept paying for better democracy,” he says.

Blizzard notes the estimated cost of the Austin Fair Elections Act is in the general range of the annual funding given to the Austin Music Network, $775,000. “If it’s a priority to have better democracy in our local elections, more candidates, better competition, and more access to voters, that seems a small price to pay,” he says.

Some critics of the Austin Fair Elections Act say that it represents an ineffective way of bringing about reforms, and contend an ordinance would be preferable to amending the City Charter.

Craig McDonald is executive director of Texans for Public Justice, a nonprofit group organized in 1997 to take on political corruption and corporate abuses in Texas. Texans for Public Justice is one of the groups that endorses the Austin Fair Elections Act. McDonald says, “I’ve done a lot of petitions and I agree it’s not always the prettiest approach to making legislation, but sometimes it’s the only approach you have.”

Blizzard is unapologetic. “We believe a petition is exactly the right way to bring about reform, because people elected under a system are loathe to change it,” he says.

An ordinance could have been initiated through petitioning, but that would require the signatures of ten percent of the qualified voters of the city. A charter amendment requires the signatures of five percent or 20,000, whichever is smaller. In late January, there were 422,194 voters registered in the City of Austin, within Travis and Williamson counties. An ordinance petition would require 42,219 valid signatures; a petition would probably need 50,000 to 60,000 signatures to survive the verification process.

Lewis says the petition drive to get the Austin Fair Elections Act on the ballot was initiated only after representatives of Clean Campaigns for Austin had met with council members and concluded that there was no interest in setting up a public process to initiate campaign finance reforms.

Petition drives are invariably difficult and this one was no exception. Petitioners were barred from soliciting signatures in the federal post office. HEB Grocery tried to bar petitioners from property in front of the store at Hancock Center. To maintain access, Clean Campaigns filed a lawsuit last June against H.E. Butt Grocery Company, the state’s largest private company and the top food retailer in South and Central Texas. Ultimately Clean Campaigns succeeded in persuading the court not to issue the temporary restraining order sought by the company, and continued to solicit signatures at HEB.

Regarding the HEB lawsuit, Lewis, attorney for Clean Campaigns, told The Austin Chronicle, “How do you reach people in a society like we have where people congregate in malls and shopping centers, where you don’t have community events where people congregate?”

Linda Curtis, the main sparkplug in gathering signatures for Clean Campaigns, as well as for the successful petition drive by Austinites for a Little Less Corruption, told The Austin Chronicle, “If we don’t have public access, I don’t see how they can require signatures. The problem is not getting people to sign, it’s getting to them.”

Late last August, Clean Campaigns submitted to City Clerk Shirley Brown petitions containing a reported 28,341 signatures. By mid-September, after verification of a random sample of a fourth of the signatures, Brown says she had concluded that the number of valid signatures was 20,186. That met the threshold of five percent of the city’s registered voters.

Thus the Austin City Council had no choice but to call an election. It had one option: put the Austin Fair Elections Act on the ballot in the November 2001 general election, which was also a presidential election, or wait until the May 4, 2002. The council chose the latter.

Obstacles to passage

The Austin Fair Elections Act is not going to have an unimpeded shot at getting the attention of voters. In addition to the election to fill three council seats in the May 4 election, the ballot is also likely to have on it the consideration of single-member districts and, in all likelihood, a number of other items. (See accompanying story, below, “Austin’s future riding on City Charter amendments.”)

It’s also possible the City Council will put on the ballot an alternative proposal that would directly compete against the Austin Fair Elections Act. Council Member Daryl Slusher says he publicly announced the idea. “I had said at one meeting that I’d consider that, but I decided to wait and see what the Charter Revision Committee recommends, and not get out in front of them. I think it’s possible. Or we might just let it go (to the voters) up or down,” he says. “There has not been a lot of discussion.”

The idea that a council member—especially one elected in part because of strong support from environmentalists—would even consider putting an alternative to the Austin Fair Elections Act on the ballot is rich in irony. In 1992, the Austin City Council put on the ballot an alternative to the Save Our Springs Ordinance, which was brought by initiative petition. This enraged environmentalists. After a bitterly fought campaign, the SOS Ordinance passed by a margin of nearly two to one and the council’s alternative was soundly defeated.

Ultimately, after lengthy discussion at its meeting January 23, the Charter Revision Committee voted 5-1 to recommend that the City Council not place an alternative campaign finance proposal on the ballot. The dissenting vote was cast by Ricky Bird, who criticized the Austin Fair Elections Act at length. The motion was made by Martha Cotera, who noted the complexity of the matter. “We don’t have the time or the expertise to work out the details,” she said. “If we put an alternative on the ballot, it would only muck up the waters more.”

The city’s Ethics Review Commission also has studied the Austin Fair Elections Act. Chair Ginny Agnew says, “We have decided it’s inappropriate for us to take a position on it. But we have spent a good deal of time studying it and meeting with the drafters, hoping to get them to make some changes in it, because there will be problems of enforcement.”

Agnew says despite early conversations with Lewis, when the Austin Fair Elections Act was being drafted, no attempt was made to reconcile the language of the Act with existing city ordinances. As a result, she says, the Act “makes no effort to say one way or the other if it will preempt the Fair Campaign Fund.”

The Fair Campaign Fund was created by ordinance in 1994. The fund is the financial account into which lobbyist registration fees are deposited, and from which qualifying candidates who sign and comply with voluntary restrictions may receive funds in a runoff election. Daryl Slusher was the first candidate to qualify to receive funds and was entitled to get $21,662 for his 1996 runoff against Jeff Hart. Slusher declined to take it, amid a heated council debate over whether to appropriate the funds. His reluctance stemmed from the fear of political backlash if he accepted public funds while running a “basics, not boondoggles” campaign. Bill Spelman and Willie Lewis each got $18,402 in the 1997 runoffs and won election to the council. In the 2000 runoff election, Raul Alvarez and Rafael Quintanilla were competing for the Place 5 seat vacated by Gus Garcia. Each got $29,124 from the Fair Campaign Fund.

Fred Lewis concedes the Austin Fair Elections Act does not address what would become of the Fair Campaign Fund, but predicts the City Council will repeal it once the new Act is in place.

If approved by voters, the Austin Fair Elections Act would radically transform the Ethics Review Commission from a body that has played virtually no role in the outcome of past elections, despite numerous formal complaints lodged with the commission during the campaigns, and make it—on paper at least—a strong watchdog agency that would draft rules and regulations to carry out the Act, and enforce them.

Ethics Review Commission Chair Agnew, an attorney but not one familiar with criminal law, says the Austin Fair Elections Act lacks enforcement powers needed for the Ethics Review Commission to mete out punishment for violations. The Act does specify penalties, however, including fines and—for knowing and willful violation of the Act by an incumbent officeholder or officeholder-elect—forfeiture of office.

Lewis says the Act does contain the necessary powers of enforcement. It states the Ethics Review Commission would be empowered to monitor election activity, conduct audits of campaign financial reports, subpoena witnesses, compel their attendance and testimony, administer oaths, take evidence, and require by subpoena the production of any books, records or other materials.

These powers are appropriate, Lewis says. “One rumor goes around the bowels of the bureaucracy that the Ethics Review Commission would be too powerful an entity, and the other rumor is it has no power. I think we got it just about right.

Strong support for passage

In a perfect world citizens would not have to take into their own hands the reforms needed to reduce the influence of private money on public policy, but things aren’t perfect. Round Two of Austin’s reforms promises to be a winner at the polls. The reason is simple: First, Clean Campaigns for Austin has the signatures of more than 28,000 people who signed the petition. The signers will be viewed as supporters who can be motivated to vote for the proposition.

Secondly, a broad base of support has been lined up behind the proposition. Clean Campaigns for Austin claims the endorsements of Austin Area Interreligious Ministries (formerly Austin Metropolitan Ministries), Austin Democracy Coalition, Austin Neighborhoods Council, Campaigns for People, Common Cause of Texas, Democracy Matters-UT Chapter, Gray Panthers, League of Women Voters-Austin, NAACP-Austin Chapter, National Organization for Women-Austin Chapter, People Organized in Defense of Earth and Her Resources, Public Citizen, Save Barton Creek Association, Save Our Springs Alliance, Sierra Club-Austin Chapter, Travis County Democratic Women, Travis County Green Party, and Texans for Public Justice.

Political consultant Blizzard says, “Clearly there is going to need to be an organized campaign, and that’s already moving forward.”

Lewis says the campaign to pass the Austin Fair Elections Act will be up and running in February and supporters will be reaching out, explaining the Act, and asking for support. “We’ll have the money for a grass-roots campaign,” he says. “Don’t expect to see us on TV.”

Lewis says the reforms approved by voters in 1997 were intended to stop corruption by ending the unrestricted contributions to mayoral and council campaigns, and that goal was achieved. But the reforms failed to provide the support needed for bona fide candidates to get their messages to voters. The Austin Fair Elections Act will fix that problem, Lewis says.

“This is recognition that Austin is a big city and it takes substantial amounts of money to get your message out.”

Editor Ken Martin believes Austin citizens deserve the best elected officials money can buy.

Historical footnote: Despite the broad coalition of organizations supporting theAustin Fair Elections Act (Proposition 1 on the May 4, 2002, ballot), the measure was soundly defeated. Proposition 1 garnered just 26% of the yes votes, while 74% voted no—a thumping margin of three to one.

Austin’s future rides on City Charter changes

We’re fast approaching the mid-March deadline for the Austin City Council to decide what will—and what won’t—be put on the ballot for voters to decide on Saturday, May 4.

All that’s known for certain is that three council seats will be up for grabs and we will be deciding the fate of at least one amendment to the Austin City Charter.

The Charter election was triggered by the successful petition drive led by Clean Campaigns For Austin, whose petitions were validated by the city clerk last September. The City Council had the option of putting the measure on the ballot in last November’s general election (which was also a presidential election) or waiting until May 4, and opted for the latter. The measure, known as the Austin Fair Elections Act, if approved by voters would establish a system of partial public financing for mayoral and city council elections (see separate story, above, “Round 2 for Campaign Finance Reform.”)

Because state law prohibits changing the City Charter sooner than two years after it was last amended, the Clean Campaigns initiative has generated a rush to consider other amendments as well. Many of the items that may be put before voters to amend the City Charter are of crucial importance. Since the City Council will soon be debating what to put on the ballot, citizens need to be aware of what’s bubbling up while there is still time to influence the ballot decisions.

Charter changes under consideration have been funneled to the Charter Revision Committee, which was appointed by the Austin City Council last August to provide advice on proposed amendments. The committee has already forwarded one major recommendation and is actively reviewing numerous other items, with the intention of making a final report to the City Council by Feb. 7.

While numerous housekeeping items have been proposed by city staff, others being debated could radically affect the future of the city. These are some of the major ones:

Redistribute political power—On Nov. 26, the Charter Revision Commission voted 4-1, with Ricky Bird opposed, to recommend to the council that voters be asked to consider approving the establishment of geographic districts for the election of council members. Under the plan recommended, the mayor would be elected at-large and ten council members would be elected from geographic districts in which they live. Further, when the population increases by 25,000 above the population determined in the 2000 federal census, the number of districts would be increased to twelve. The commission also recommended the mayor be elected to a term of four years, instead of the current three. All these recommendations are identical to the ones made by the previous Charter Revision Committee January 15, 2000, but were never put on the ballot. Voters have previously defeated on five separate occasions the various ballot measures that would have set up council districts. The City Council has scheduled three public hearings on this proposal. The first was Jan. 17, and only two people spoke. One of them was Bird, who said he opposes single-member districts because the minority population is increasingly scattered across the city, according to census data. As a result, there is no assurance that ethnic diversity on the council would be achieved, particularly with respect to African Americans and Asian Americans. (Two more public hearings were scheduled for Jan. 31 and Feb. 7, after press deadlines for this story.) Historical footnote: Proposition 3 on the May 4, 2002, election ballot netted 42% of the votes cast, while 58% voted no—the sixth defeat for single-member district representation on the Austin City Council.

Solidify political power—On Jan. 7, the Charter Revision Committee voted 7-0 to recommend that the City Council place on the May 4 ballot a proposition to repeal the provision in the charter approved by voters in 1994, which established term limits. Committee Chair Bobbie Barker said that through discussion of single-member districts and campaign finance, the group arrived at a consensus that the best way to limit someone’s term is to know who’s representing you and decide if you want them to represent you or not. “We believe single-member districts will increase participation (in the electoral process) and limits on the term will be defined by those who vote,” Barker said. She said the recommendation on term limits and any other recommendations would be taken to the council Feb. 7. “I’m hopeful the City Council will hold additional public hearings on any other issues we take to them, including term limits. Hopefully, they’ll put that on the ballot, also.” Historical footnote: Proposition 4 on the May 4, 2002, election ballot failed, with 45% voting yes to repealing term limits, while 55% voted no.

Close the loophole—The City Charter requires that council members be elected from the city at-large, with each council member elected to occupy a place on the council numbered and designated one through six and mayor. City Clerk Shirley Brown has recommended that the Charter Review Committee consider that the system of designating council seats by places be abolished. This would eliminate the loophole that currently exists, by which a council member could sidestep term limits by switching places and running for another council seat. (This recommendation would be moot if voters approved single-member districts.) No council member has yet taken advantage of this loophole to avoid term limits. In 1997, then-Council Member Gus Garcia switched from Place Five to Place Two to run for reelection, but he could have run for another term in Place Five without restriction. His goal was to step out of what had traditionally been the Hispanic council seat, to represent the whole city in another seat, and to get a second Hispanic elected to the council. Garcia was reelected but Bill Spelman defeated Manuel Zuniga, thwarting the election of a second Hispanic. Historical footnote: No measure was put on the May 4, 2002, ballot to address this loophole.

Get serious with electric utility—Austin Energy generates profits that are transferred into the general fund and keep property tax rates among the lowest of any major metropolitan area in Texas. While the city-owned utility is not required to enter competition unless the City Council opts to do so, the specter of competition has long been a major concern for the utility. Millions of dollars have been spent on studies and consultants to whip the utility into fighting trim and make rates competitive. In May 1996 the council-appointed Electric Utility Commission (EUC) hosted meetings of a high-profile focus group that met in public to debate the merits of establishing an independent board to govern the day-to-day operations of the city-owned electric utility. The group included Kirk Watson representing the Greater Austin Chamber of Commerce (this was a year before he was elected mayor); former State Senator Charles F. Herring Sr., who is also a former general manager of the Lower Colorado River Authority; former Council Members Charles Urdy and Robert Barnstone; Jim Marston of Environmental Defense; Tom “Smitty” Smith of Public Citizen; former Texas Public Utility Commissioner Al Erwin; Ed Adams, external affairs manager for IBM Austin, representing the Austin Federation of Industrial Ratepayers; Len Riley, Austin site manager for Texas Instruments; and former EUC member Manuel Zuniga. The group reached consensus that to prepare for competition the electric utility should be managed by an independent board. The EUC subsequently recommended that the City Council put the measure on the ballot, as did the director of the electric utility, John Moore. In December 1996, the council passed a resolution that promised bond-rating agencies that a charter election would likely be held to establish an independent board, but the matter was never put on the ballot. On September 14, 1999, the City Council passed a resolution to, in part, “initiate a public education and input process that may culminate in a City Charter amendment election to consider governance options for its electric utility, including establishing a…governing board using the San Antonio model.” Once again, however, the election was not called. If a proposition to create an independent board were put on the ballot for the May 4 election, and approved by voters, establishment of the board would still have to be approved by the utility’s bondholders, says Assistant City Attorney Bob Kahn. “Generally, bondholders look on boards favorably,” Kahn told The Good Life, “but they would look at how it was formed and what the powers are.” Under state law, the board would have five members, one of which must be the mayor. The City Council would retain the power to issue debt, set electric rates, and condemn property. The foremost model for this system of governance is the City Public Service Board of San Antonio, which manages both the electric and gas systems for the Alamo City. City Public Service has for years had the lowest electric rates in the state, setting the standard that Austin Energy uses as its benchmark. The Charter Revision Committee has heard a presentation by EUC members, who recommend the governing board, and was scheduled to discuss the matter at the January 28 meeting, after press deadlines.Historical footnote: No measure was put on the May 4, 2002, ballot to address governance of the electric utility.

Power to the people—The Save Our Springs Alliance has requested consideration of a proposal that would make it easier to use the power of citizen initiative to enact ordinances. At present, to get an ordinance on the ballot requires a petition signed by ten percent of the registered voters. The SOS Alliance has recommended that the bar for ordinances be lowered to ten percent of the voters who voted in the last municipal election. In the special election last November in which Gus Garcia was elected mayor, a total of 59,794 votes were cast. Thus, an initiative petition submitted per the SOS Alliance recommendation would need the signatures of 5,794 registered voters to force the council to either adopt the ordinance or put it on the ballot for voters to decide. (In the 2000 election in which Kirk Watson was reelected mayor, 38,166 votes were cast.) Council Member Beverly Griffith says a formula similar to what the SOS Alliance recommended should also be applied to petitions for a council member to get on the ballot when otherwise prevented from running for reelection by term limits. “Five percent of the voters registered in our jurisdiction is quite challenging. But five percent of those who went to the polls in the last mayoral election is more reasonable…You don’t want to be in a position to have more people sign a petition than voted in the last election,” Griffith says.Historical footnote: No measure was put on the May 4, 2002, ballot to address the number of signatures required to get an ordinance on the ballot.

Power to the bureaucrats—The City Charter provides, “Except for the refunding of bonds previously issued, any proposition to borrow money and to issue such bonds shall first be approved by a majority of the qualified voters voting at an election called for the purpose of authorizing the issuance of such indebtedness.” City Manager Jesus Garza has asked the Charter Review Committee to “delete obsolete language that is in conflict with state law prohibiting the issue of non-voter approved debt.” State law permits issuance of revenue bonds and does not require a local election. While the City Charter does require voter approval of debt, the council has on at least three occasions voted to issue bonds without voter approval: (1) Under an agreement with Houston Lighting and Power to build the South Texas Nuclear Project, the city was obligated to pay a share of the expense, including cost overruns. In the early nineteen-eighties, there were huge overruns and the council under leadership of Mayor Lee Cooke voted unanimously to issue bonds without voter approval to pay for those costs. (2) In April 1997, the city council led by Mayor Bruce Todd voted unanimously to use certificates of obligation without voter approval to buy One Texas Center at a cost of $18.4 million. (3) In October 1999, the council led by Mayor Kirk Watson voted unanimously to pay $72.7 million of the $100 million cost of a long-term water supply agreement with the Lower Colorado River Authority by issuing debt without voter approval.Historical footnote: No measure was put on the May 4, 2002, ballot to address the fact that state law permits what the City Charter prohibits with respect to borrowing money.

Power to the council—Council Member Danny Thomas requested the Charter Revision Committee consider recommending a City Charter amendment be put on the ballot that would allow the City Council to appoint the police monitor. Voters in the City of San Jose, California, passed a charter amendment in November 1996 that authorized the council to appoint the police auditor (a different title but the same job). Council appointment of Austin’s police monitor was recommended by the council-appointed Police Oversight Focus Group that met weekly for six months, brought in national experts, held public hearings, and made trips to Kansas City and the Bay Area of California to find out how police monitors were performing elsewhere. When the recommendations were put through the Meet and Confer process of negotiating with the Austin Police Association, however, the appointment power was given to the city manager. On January 15, City Manager Jesus Garza announced the appointment of former Austin City Attorney Iris Jones to the new position. Jones’ appointment was criticized for perceived conflicts of interest, because as Austin’s city attorney she had represented the Austin Police Department. The Charter Revision Committee had not debated this matter, and was scheduled to take it up at the January 28 meeting, after press deadlines.Historical footnote: No measure was put on the May 4, 2002, ballot to address how the police monitor is appointed.

These articles were originally published in The Good Life magazine in February 2002

Historical footnote: More detailed information about the results of these proposed charter amendments—and other charter amendments that were also put on the ballot—may be obtained from the City of Austin’s Election History page for the May 4, 2002, election.

Dogs & Cats on Death Row

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This package of four articles was originally published in The Good Life magazine in August 2001. The result was, by far, the largest and most impassioned response garnered from the many hundreds of feature articles published during more than eleven years the magazine lasted (October 1997 through January 2009). Which is a strong indication of just how much people love animals.

Photography by Barton Wilder Custom Images

It’s mid-morning on Friday, July 13, at Austin’s Town Lake Animal Center and the facility is humming with activity. Dr. Kathy Jones, head veterinarian, is spaying and castrating adoptable dogs with practiced ease while the radio plays soothing classical music. On the operating table a sedated young male dog is splayed on its back, legs restrained. Jones deftly slices the skin, squeezes the scrotum till the tiny testicles squirt out, then snips them off, ties off the blood supply and spermatic cord, and seals the wound. A veterinary technician tattoos the dog’s belly to signify no more male.

Next up is a small female dog, which takes far longer to operate on. A long incision in the midsection, a parting of the flesh, the ovaries and uterus are fished out, snipped, the remaining parts are tied and sewn up. The exterior skin is glued and she’s tattooed to signify no more female. She is wrapped in a towel and toted into the next room.

Soon these newly altered pets will be in a cozy heated cage to stay warm until recovered and ready for the regular pens. Slice, snip, sew and tattoo is a routine that will go on for two or three hours on the average day, when some fifteen animals will go under the knife, sometimes with Jones operating alone, sometimes in a tag-team operation with the other full-time vet on staff. It’s a routine procedure, executed with precision. Voilà! In the flash of a scalpel another adoptable animal has been made ready to go home with some happy family to play but not propagate, one more brick in the wall that’s meant to slow down what goes on in an adjacent room.

A year-old female cocker spaniel mix lies on a stainless steel gurney. Much of her brown hair is missing due to a severe skin disease. Her nails are long and unkempt, indicating she hasn’t been walked or groomed. Shaggy with ticks, she was picked up by an animal control officer July 9 as a stray wearing a collar but no tags. She was snared about a block from Govalle Elementary School in East Austin. Nobody came to claim her. Her three days of grace are up. Her time has come. She is scanned to make sure that no one has overlooked an implanted microchip that would help find the owner. There is none. “This guy’s in pretty bad shape,” says Amber Rowland, community awareness coordinator for Town Lake Animal Shelter (TLAC). “She’s pretty friendly, actually, but she’s not healthy enough to qualify for adoption.”

DOGSCATS-mug-1A woman veterinary technician strokes her scraggly brown fur and leans over to cradle and hold the dog on the gurney, while a male technician finds the cephalic vein on the dog’s right forepaw. She makes not a whimper as the needle slides into the flesh. As the syringe pushes sodium pentobarbital into her body (the brand name is Fatal Plus; technicians call it “blue juice”) the dog’s head instantly falls limp and the light dies in her eyes. A “heart stick” is plunged into the side of her chest, piercing the heart. The stick throbs for a while as the heart ticks out its few last beats. When the stick stops pulsating, the technicians check to make sure there is no respiration, then slide the body into a plastic bag, close it, and carry it a few paces to the freezer, where it will stay until the truck comes to carry the body, along with scores of others, to Waste Management’s landfill, the mass burial ground for abandoned and stray animals that can’t be salvaged.

While the cocker spaniel is being dispatched, a six-month-old black Labrador retriever crawls into the narrow space between a cabinet and the wall, not out of any knowledge of his fate, but so shy and fearful that he would never be seen by potential adopters as a candidate for fetching a Frisbee. As the technician gently pulls him into the open, the dog’s tail is tucked between his legs. Compounding his lack of appeal is a golfball-sized abscess under his left eye, which the Center had already drained, irrigated and treated with an antibiotic. In time, the abscess would heal, but this stray, brought to the Center July 8 by a citizen, will not live that long. “He’s most likely here (to be killed) because he has the abscess and because he is somewhat fearful; he’s not an ideal candidate (for adoption), so we have to do it,” Rowland says. “We try to do it as well as we can when we have to.” The attendants are indeed gentle, loving and kind. They do their distasteful duty professionally and soon his lifeless body is bagged and added to the silent freezer.

“We play with them one last time before we send them to god,” Dorinda Pulliam, director of Town Lake Animal Shelter since last October, says of the procedure used to kill animals. “Prior management would never go near the place and would try to run it without dealing with what’s happening in that room.”

Despite the efforts of the Center’s staff and scores of rescue groups, this killing will go on for the foreseeable future-nevermind the fact that both the Austin City Council and the Travis County Commissioners Court adopted No-Kill Millennium resolutions in December 1997-because supply far exceeds demand.

About 150,000 animals have been killed at TLAC since late 1992, which is when the City of Austin took over the operation. The first year of city control was the year of the big slaughter, when more than 23,000 animals were killed, an average of ninety per weekday for the entire year. Things have improved over time but for the fiscal year ending September 30, 2000, the average death toll was still about fifty animals per weekday. Since October 1, the average has dipped to forty-four.

DOGSCATS-mug-2Stray animals arriving at TLAC that are registered with the city are given a ten-day reprieve. Animals with other forms of identification are kept at least five days. Unregistered animals without identification have but three working days before they may be put up for adoption, placed with a rescue group, or killed, Dorinda Pulliam says.

Rowland says the fate of an animal given up by its owner can be decided immediately. This is no small problem. A gut-wrenching twenty-two percent of the animals taken in by TLAC from October 1, 2000, through June 30, 2001—a total of 3,679 animals-were surrendered by owners. This fact is especially deplored by people active in animal rescue groups.

Humans err, pets die

Patricia “Pat” Valls-Trelles has been a member of the City Council-appointed Animal Advisory Commission since it was created in 1992. People in the rescue community call her the “TLAC cop,” although she prefers “watchdog.” She visits TLAC daily and calls its receiving section “the most depressing place in the shelter.” “When they pick up strays, there’s always the hope they will be reclaimed. When someone brings in their companion they no longer want, I think that’s very sad.”

DOGSCATS-mug-3Kathy Pardue of Austin Feral Cats says of receiving, “I can stand it for about thirty minutes and I’m in tears. People drop off their animals for idiotic reasons, like, ‘My new boy friend doesn’t like cats,’ or ‘We’re moving and our new place doesn’t allow us to take our ten-year-old cocker spaniel, and we didn’t look for another place that would let us.'”

Amber Rowland says a big problem with people giving up animals to the shelter is they never should have gotten that particular breed to begin with. “People get frustrated with traits they’re not aware off,” she says. For example, Bassett Hounds are not easily trained for a leash because they are bred to be independent thinkers.

“People think all small dogs are lap dogs,” says Kim Barry, a PhD animal behaviorist on the TLAC staff. She tells a story about a colleague who works in New York who fielded a complaint from a man whose Rat Terrier had eaten through a wall. The response? “You’ve got a great Rat Terrier! He’s going after rats.”

Jack Russell Terriers are one of many other problematic breeds. Depicted as little angels in television and film roles, they are anything but. One web site for this breed has about three pages of traits that should sober up anyone fooled by the breed’s tiny size and film portrayals.

Rowland advises prospective animal owners to consult reputable publications, such as the ASPCA’s Complete Guide to Dogs: Everything You Need to Know About Choosing and Caring For Your Pet.

Austin Pets Alive, the organization most responsible for passage of a No-Kill Millennium resolution, is trying to change the way people think about animals, advocating the phrase “animal guardian” instead of “animal owner.”

“Legally, animals are the same as a bicycle or a chair,” Kathy Pardue says. “They’re just property. Ethically, people who care about animals don’t see them in that manner.”

Until a new millennium of universal understanding, however, animals are nothing more than property to many owners and, as with any other kind of property, some people take good care of their possessions, some don’t. When animals are not taken care of, they become the responsibility of TLAC. Animal control officers, who by law are required to pick up dogs that not restrained from running at large, bring in sixty-nine percent of the dogs, cats, and other animals that arrive at the facility. (See accompanying story, below, “Fleet Footed Canine Catchers.”)

TLAC had been operated since 1954 by the Humane Society of Austin and Travis County, under a contract that leased the city’s land for a dollar a year. According to stories published at the time in the Austin American-Statesman, an audit in late 1992 revealed, “Wrong animals were being euthanized, feeding regimens were improper and sanitation was abysmal” at the facility that could house about five hundred animals. (Karen Medicus, the current executive director of the Humane Society/SPCA of Austin and Travis County, says it was not an audit, per se, but an evaluation report done by a team from the American Humane Association.) In January 1994, the Austin City Council voted unanimously to pay the Humane Society $1.6 million for the replacement cost of the buildings it owned at the site. The Humane Society opened a new facility at 124 W. Anderson Lane and renovated it in 1994. (See “Humane Society Does It Right.”)

As deplorable as it is to have to kill thousands upon thousands of animals every year at TLAC, over the last five years the number of animals killed has been steadily declining, as has the number of animals taken into the facility each year. Also encouraging is that the number of adoptions has steadily increased each year. For the year ending September 30, 1995, more than ten times as many animals were killed as were adopted. For the year ending September 30, 2000, fewer than four animals were killed for each one adopted.

Rescue groups play a huge role and are saving far more animals than TLAC is able to place in direct adoptions. From October 1, 2000, through June 30, 2001, rescue groups took 3,085 animals out of the facility, while 2,453 animals were adopted.

‘No-Kill’ doesn’t mean no killing

How to make more progress toward achieving the No-Kill Millennium is a problem that has both TLAC officials and rescue groups vexed. While they are still talking and not barking at each other, relations are not altogether cozy.

But let’s clear up something right now: the No-Kill moniker is a complete misnomer. The name implies that no animals will be put to death when the goals are achieved. Nothing could be further from the truth. The actual goal is to stop killing animals that are adoptable.

An adoptable animal is a healthy animal that has passed a temperament test for sociability and is deemed ready to become a lifetime companion. The protocol that Barry developed for TLAC’s test is still being field-tested and may be revised. Upon testing, animals are classified in one of three categories: (A) adoptable, (T) treatable, or (N) nonrehabilitatable. The latter category, Barry says, applies to an animal that displays overt aggression. “It’s pretty hard to get an N rating,” says Amber Rowland, although feral cats are usually considered poor candidates for adoption. “Animals can revert quickly to being unrecoverable, socially,” she says. Barry adds, “TLAC is not set up in any way to be a rehabilitation shelter.”

The overarching problem for TLAC and for animal advocacy groups is that there are too many animals not being taken care of properly in the larger community. Exactly how many animals there are hereabouts, nobody actually knows. It’s not something the U.S. Census Bureau tallies. There are some clues, however. The American Veterinary Medical Association has established formulas to estimate the number of pets, based on the number of households-which is something the census does count. The City of Austin, according to the city’s chief demographer, Ryan Robinson, had 265,649 households identified in the 2000 census. Running the formulas yields an estimate of about 142,000 dogs and 159,000 cats. But these are pets, animals that people own. These numbers do not include stray, feral, or “loosely owned” animals, the latter being pets that neighborhood residents may feed but nobody claims. According to a survey in Santa Clara County, California, published by the National Pet Alliance, forty-one percent of the cat population was unowned. Assuming similar results in Austin, increasing the cat population by forty-one percent would bring the total number of cats to about 224,000.

For Travis County (including Austin), which has 320,766 households, the formulas yield a dog population of about 171,000 and a cat population of 192,000. Applying the forty-one percent for unowned cats would boost the number of felines to more than 270,000.

While these numbers are somewhat speculative, they give a sense of what the TLAC and rescue groups are up against in trying to reduce the number of animals being killed. There are hundreds of thousands of animals in our abodes and on our streets.

Through the first nine months of the fiscal year that started October 1, 2000, TLAC killed 8,558 animals, or forty-nine percent of the 17,382 animals that left the shelter during that period. TLAC Director Dorinda Pulliam says, “The No-Kill resolution says we’ll save every adoptable animal, not every animal. We save fifty percent of the animals that come into the shelter. We euthanized forty percent of adoptable animals last month. If we were saving the right fifty percent, we would already be achieving the No-Kill Millennium, as it’s stated.

“The rescue groups don’t believe in the No-Kill Millennium as it’s stated,” Pulliam adds. “Even though they worked as a group to send it to the City Council, they don’t believe in it. If I made a policy that the only animals that could leave the shelter were adoptable animals, we would have already achieved No-Kill—and they would crucify me.”

DOGSCATS-mug-3One animal advocacy group that does agree with the stated policy of putting the priority on saving adoptable animals is the organization that wrote it, Austin Pets Alive. Co-president Melody Putnam says her group focuses on animals that have been put up for adoption and whose twenty-one days of waiting for a new owner have expired. “Those are the animals that we target first to rescue,” she says.

Most other rescue groups are less concerned with adoptable animals and more concerned with other factors. This is particularly true of breed-specific rescue groups, of which there are many. They are focused on saving the breed they are interested in, regardless of its classification. Pulliam tells a story about a woman who was determined to rescue a Bull Terrier (think Spuds McKenzie, the Bud Light spokesdog) despite the danger this particular bred-for-fighting animal presented. “A lady from Dallas wanted to take an animal that was vicious and I told her no and she was mad at me,” Pulliam says. “It was her breed and she was a rescue person and she would save her breed at all costs.”

Kathy Pardue of Austin Feral Cats says that in meetings with rescue groups, Pulliam has stated that the No-Kill goals could be achieved if the groups would take adoptable animals instead of the ones they are taking, although Pulliam says she has no personal preference.

“I think I’m going to have to reach consensus on what the mission is to be,” Pulliam says. “If the mission the community wants is to lower the euthanasia rate in general, that’s fine. I believe in that and I think that’s what these folks believe in. But that’s not what the resolution says…Let’s look at the plan and see what we want the mission of the shelter to be and then reconcile that with the City Council and get everybody on the same sheet of music.”

Meanwhile, TLAC continues by necessity to be a place of refuge and a place of death. It’s a combination adoption agency and prison complete with death row. Realizing that forty-nine percent of all animals that entered TLAC in the first nine months of the current fiscal year went out in a plastic bag, the ones selected to be presented for possible adoption are the picks of a mighty big litter. Dogs considered good candidates for adoption are placed in individual pens, where they will stay until adopted or for twenty-one days, at which time they will in many cases be killed. For every dog in a cage waiting for fate to smile, others will be killed and bagged. An animal’s chances of making it out of TLAC alive are just barely better than fifty-fifty.

Animal rescue groups contend the odds of surviving are practically nil for kittens and puppies that enter the shelter at less than eight weeks of age. If not euthanized they have difficulty surviving the stress, noise, and high propensity for respiratory disease in a facility that lacks the sophisticated ventilating systems of modern shelters. Kittens without their mother must be fed every two hours around the clock, something TLAC is not equipped to do, though cat rescue group volunteers can and often do take on that responsibility.

“People bring in a litter of kittens and think they will be adopted. They won’t. They will be killed,” says Pat Valls-Trelles, the self-professed TLAC watchdog. “It’s a dirty little secret how many animals will be killed down there.”

There are disclaimers on the door to warn people who bring in animals that they may be killed. Pulliam says the warning is also part of the paperwork people will complete to release an animal. Pulliam does concede that death awaits kittens and puppies not rescued. “If we can’t get them out of the shelter we euthanize them because their immune systems won’t tolerate the shelter,” she says. “We look for foster groups, but the percentage euthanized will be higher because older animals can stay in the shelter and not become ill.”

It’s a numbers game

While TLAC officials and rescue groups may not agree on much, they all agree that the long-term solution is to do more of what Dr. Kathy Jones does just about every weekday morning: castrate male animals and spay females. The only animals that are supposed to leave TLAC intact are those too young or too sick to have surgery. People who take intact animals are required to sign an agreement to have the surgery done later.

To understand how crucial it is to make sure that pets can’t reproduce helter-skelter, consider the birth rates. According to the American Humane Society, by the age of five years, a female dog and her female offspring can produce 192 puppies, assuming two females per litter and two litters per year—and that doesn’t include all the offspring produced by her male puppies. Because there’s not enough humans to go around, this adds up to a great deal of unwanted puppies and dogs.

But dogs are pikers in the reproduction department compared to felines, says the American Humane Society. Allow two cats and their surviving offspring to breed for ten years and you will have produced more than eighty million cats, assuming two litters per year and 2.8 surviving kittens per litter.

These frighteningly high numbers are what causes so many resources to be devoted to stopping unwanted breeding. Spaying and castrating is the first and foremost mission of Animal Trustees of Austin. President Missy McCollough says, “We have spayed and neutered 25,000 animals in four years.”

Amber Rowland says a cat can go into heat and get pregnant as young as three months of age. “Unfortunately most people think they are supposed to wait until the cat is six months old,” she says. “A cat could already have had first litter by then. Not all vets have the tools and materials to do spay-neuter at an early age, so some don’t do it.”

Animal Trustees operates a low-cost Spay-Neuter Clinic at 5129 Cameron Road. They castrate male dogs for $25 ($10 extra if the dog weighs more than fifty pounds), spay female dogs for $30, castrate male cats for $15 and spay female cats for $20. They also provide low-cost vaccinations. The Clinic’s veterinarian, Amy Kastrisin, estimates that she alone has done 20,000 surgeries in the last four years.

Animal Trustees also spays and neuters sixteen to eighteen feral cats a week, a service provided free through a $5,000 grant that’s fast running out. These are wild animals. “They are never handled with human hands while conscious,” McCollough says. “We do most of the surgery for Austin Feral Cats.”

“We started Austin Feral Cats because we believe the only effective way of cutting down the unowned cat population is to trap, neuter and return (TNR),” says Kathy Pardue. “You neuter them, vaccinate them, and return them to their colony.” A feral colony is usually made up of an extended family of cats who will defend their territory and keep out other cats, Pardue says. “Eventually this will reduce the population because the colony will quit reproducing and quit growing and eventually will die out. If everyone was doing this all over the area, the unowned cat population would decrease.”

The U.T. Campus Cat Coalition operates on the same principle. Its sole purpose is to humanely control the population of feral cats (defined as undomesticated and unapproachable strays) that live on the main campus. Students abandon unneutered cats, which must then fend for themselves. The cats form colonies around abundant food sources and reproduce at incredible rates. At one time the University’s policy was to round up cats for killing at TLAC. In 1995, the Coalition convinced officials to allow them to take over and do TNR, plus M for manage. Volunteers feed and monitor the colony daily.

Missy McCollough says the same techniques have been used to manage colonies of feral cats in Austin neighborhoods overpopulated with reproducing cats.

The city not only castrates or spays nearly all animals before they are released but also contracts with the EmanciPet Mobile Spay and Neuter Clinic, operated by Ellen Jefferson, doctor of veterinary medicine, to provide free pet neutering and vaccinations for rabies. Additional services are available at nominal cost. For the past year, free clinics have been held four Fridays each month at posted locations in East Austin. Jefferson estimates she has spayed or neutered some 1,200 animals in this program at no cost to owners. She says the city pays $10,800 a year for forty-eight surgery days. Jefferson can perform up to forty surgeries a day on a first-come, first-served basis.

“I’ve been doing this for three years and I’ve gotten pretty fast at it,” she says. Most days she can take crank out the full day’s load in about six hours. The van has two surgery tables and forty-four cages and she operates on alternating tables.

In addition to EmanciPet, the city offers a voucher program for people on public assistance. For eight dollars (or pay what you can), someone on public assistance can have a pet spayed or neutered by local veterinarians, who get the small amount from the client plus an additional amount from the city. Vouchers are available at TLAC and city neighborhood centers.

Jefferson says one challenge faced in spaying and neutering, especially in low-income areas, is dispelling myths. Some people think they will make a lot of money breeding their pet. Some believe it’s best to let a female have a litter before spaying. Some think that castrating or spaying will change an animal’s personality. Some will refuse and purposefully breed and not care what happens to the offspring, she says. “It’s best to focus on people who want to get it done or who are uneducated, which is the majority of the problem,” Jefferson says.

A wild card in the pet population is the phenomenon of “puppy mills.” These are not quality dog breeders but operations that breed dogs in mass numbers for wholesale to the pet industry. (Reputable stores catering to pets, such as PetsMart, do not sell dogs or cats but do open their facilities to rescue groups that interview customers for adoptions.) Many puppy mills are characterized by overcrowding, filth, inadequate shelter, and insufficient food, water, and veterinary care. Last year, Animal Trustees of Austin was called to do an emergency rescue of fifty-two dogs found in an Austin area puppy mill. Missy McCollough wrote in the group’s newsletter that the dogs were found crammed into cages stacked on top of each other in a dingy little room, and published photos to prove it. A small Yorkshire Terrier named Scout was found with her muzzle taped shut to keep her from barking.

Another problem is backyard breeders who resort to selling the offspring on the side of the road, a practice that is being addressed by the Animal Advisory Commission. Commissioner Pat Valls-Trelles makes a distinction between quality purebred breeders, who will breed a female only a few times in her lifetime and carefully place the offspring, and the quick-buck operators who set up on roadsides and hope to get motorists to stop and buy on impulse. People who buy these roadside animals are part of the problem, Valls-Trelles says, because they encourage backyard breeders to stay in operation. Usually these animals are not vaccinated. The ones not sold often wind up at TLAC, she says.

A draft city ordinance will, if adopted by the City Council, add a new section to City Code 3-1-18 to make it an offense to sell, trade, barter, lease, rent, give away or display for commercial purposes a live animal on a roadside, public right of way, commercial parking lot, or at an outdoor sale, swap meet, flea market, parking lot sale or similar event. Such actions at flea markets or parking lots where the owner’s permission has been granted would be exempt.

Yet another problem is what’s known as the “collector,” referring to someone who starts out with good intentions and takes in a stray or two and winds up creating a labyrinth of filth and disease by letting the situation get completely out of hand. The Austin American-Statesman has reported at least two incidents in which more than a hundred animals were confiscated from a single residence, all of which wound up at TLAC’s doorstep.

Fees and philosophy

The city’s fee structure approved each year by the City Council during the budget process is up for fine-tuning in ways that are causing the hairs to stand up on the back of animal rescuers’ necks.

Becky Rohne of Puppy Love Rescue is a member of the city’s Animal Advisory Commission and a member of the No-Kill Partners group that’s grappling with how to proceed on the No-Kill Millennium plan. “Right now, I would say the relationship with rescue (groups) and TLAC is close to an all-time low,” she says.

Rohne says that rescue groups fear that proposed fee changes coming as part of the next fiscal year’s budget will bring unintended consequences. One proposal would change what rescue groups must pay to take an animal out of TLAC. She says it’s an à la carte arrangement now. The groups pay $9 for an implanted microchip that will allow pet identification to be picked up with a scanning instrument, $6 for a rabies vaccination, and $5 for city registration tags for a spayed or castrated animal. The proposal would change the fee to a flat $20 for all animals, “and we may or may not get any workup on the dog at all,” she says. “The relationship is such that nobody is willing to go on good faith that they will do that. There have been real improvements and overtures made to open communication, but there’s a lot of distrust.”

Pulliam says setting the rescue fee at a flat $20 will save a lot of unnecessary bookkeeping and won’t affect the services rendered, which include a lot more than the microchip, rabies shot, and tags. “We provide wellness vaccine, a heartworm test for dogs, feline lukeumia and FIV tests for cats, Frontline treatment (flea and tick control), rabies vaccine, microchip, pet registration tag, boosters on wellness vaccines, and we deworm them or provide parasite treatment,” Pulliam says. She says these services are provided for all animals that can be treated. Kittens four weeks old can’t be treated and rescue groups aren’t charged, she says, nor are groups charged for severely injured animals or other animals with special needs. Pulliam says she’s meeting quarterly with rescue groups and hopes to reach consensus for written policies on rescue fees that can be applied evenhandedly.

Valls-Trelles complains that the daily boarding fee, now $5, would be hiked to $10, a fact that Pulliam confirms. They differ on the effect. Valls-Trelles says doubling the boarding fees works a hardship on poor people. She says the fee was lowered from $8 a day to $5 by the City Council in 1999. “My fear is latest proposal in new budget will make it even less affordable because low-income people can’t afford to get them out. It goes contradictory to the No-Kill plan,” she says.

Pulliam says TLAC will work with anyone who can’t afford the fees. TLAC will set up payment plans for working people and community service plans for homeless people whose pets have been confiscated. “There are lots of ways we can work with low-income individuals to make sure animals can go home alive regardless of what our fee structure is,” she says.

Another bone of contention over fees is that currently the annual registration fee—$5 for a castrated or spayed animal, $15 for an unaltered animal—would be changed to a flat $10 per animal, fixed or not. Rohne thinks that sends a signal that fixing an animal isn’t important. She says the current differential motivates people to get their animals fixed.

Pulliam says the differential doesn’t work in Austin, in part because the city has not made it mandatory that vets register the animals they vaccinate. “In other communities, it’s mandatory that every vet sell registration tags when they do an annual rabies vaccination,” she says. In San Antonio, Pulliam says, an animal owner doesn’t get to choose not to follow the law. Further, the annual cost savings on lower fees for fixed animals is not enough to warrant laying out what a private vet usually charges to spay or neuter, Pulliam says, as it might take ten years to recover the outlay.

“My focus on leveling (the registration fee) is to get pets registered,” Pulliam says. “I will work on programs to spay-neuter other ways, like the EmaniciPet van. I’m getting a heck of a lot more done through EmaniciPet than through registration.”

The most important point to remember about registration is that a registered pet is far more likely to be reunited with its owner after it’s picked up by animal control officers or brought to TLAC by another citizen. One consultant, Bob Christiansen of Atlanta, estimates that only twenty-seven percent of Austin’s dogs are registered. TLAC’s statistics for the first nine months of the current fiscal year show that only thirteen percent of animals were returned to their owners.

Christiansen is the author of numerous books, including Save Our Strays: How We Can End Pet Overpopulation and Stop Killing Healthy Cats and Dogs and Choosing and Caring for a Shelter Dog: A Complete Guide to Help You Rescue and Rehome a Dog. He advocates vigorous pet registration combined with implantation of microchips and visible tags. “A microchip program would return lost pets home, would reduce the stress on shelters, foster responsible pet ownership, provide a means to track congenital diseases and track owners of vicious dogs who allow their dogs to roam and cause bodily harm to humans,” he wrote on his web site. Nationally, such a program could save millions of pets’ lives, he states. Christiansen presented a proposal to TLAC last November that he claims would increase license compliance and generate revenue for programs that will save animals’ lives.

Pulliam says the proposal looks interesting but since Christiansen is not the sole vendor of such programs, she is putting out a Request For Proposals to solicit offers. “I’m putting out an RFP to take one up on it,” she says.

Working for a better future

The bottom line is that Pulliam is on the hot seat. Animal rescue groups haven’t invested their trust in her yet. For about ten months she has headed an organization with a long and sordid history, one that is still far from achieving what is needed. TLAC’s facilities are nearly a half-century old. They are poorly designed, a place where disease may spread rapidly among the up to 700 live animals that may be on the premises at any one time. The buildings also sit in a 100-year floodplain with storm drains on each end connected to the city’s wastewater system. In 1998 employees and volunteers had to don galoshes and wade through high water tainted with raw sewage to carry animals to dry ground. “If we had a major storm we would have to turn them loose so they would not drown,” Pulliam says of the animal population.

Consultants Gates Hafen and Cochrane Architects of Boulder, Colorado, are working on a master plan due October 1 for a new facility, Pulliam says, and Assistant City Manager Betty Dunkerley is looking for suitable land. “It could be an animal destination in a parklike environment,” Pulliam says. “We hope to build it in three to five years.”

Meanwhile the mission is to make do with the antiquated facilities and tweak programs for best results. Part of that tweaking has been adjusting the number of employees working with rescue groups. Becky Rohne says that “sends a message to rescue they’re not important or the goal of the shelter is not to work with rescue.” This despite the fact that rescue is saving far more animals than TLAC is placing through adoption. Pulliam says one of the three positions she had for rescue coordinators was initially frozen when sales tax revenue slowed. “I can rescue the same number with two people as with three people,” she says. She says the extra person didn’t produce more rescues, although it may have made TLAC a friendlier place for rescue groups.

Pulliam operates TLAC on a $3 million budget with ninety positions authorized, and she will not lose any in the coming budget, she says.

For the director caught in the crossfire, the job is to try to look beyond the needs of rescue groups alone and keep an eye on the bigger goal. “We won’t stop euthanasia unless we get out there an do education,” she says.

The pet-owning public could do much to stem the slaughter by taking the health and welfare of our animals more seriously, and by recommending that friends looking for dogs or cats always adopt from TLAC and other shelters and rescue groups instead of patronizing roadside peddlers or flea market fly-by-nighters.

Most importantly of all, we should castrate and spay our pets, and encourage our friends and neighbors to do likewise. Pat Valls-Trelles says the highly successful campaign that changed our nation’s attitudes about drinking and driving is the perfect model for dealing with pet overpopulation. “Friends don’t let friends breed and create an unwanted litter,” she says.

Ken Martin, editor of The Good Life and Gusto magazines, is co-guardian of a black Labrador retriever adopted from TLAC and two cats adopted from rescue groups. We made up the names of the animals shown in the accompanying photographs. These particular animals may or may not be available for adoption by the time you read this.

Fleet Footed Canine Catcher

“Every owner of a dog and any person having charge, care, custody or control of any dog shall restrain such dog from running at large.” Further, “Employees of the city…are hereby authorized and empowered to enter upon any land, premises or public place and to take up and impound any dog which is observed by such employees to be running at large.”

—City Ordinance 3-3-2

Call them dog catchers or animal control officers (their official titles) Austin’s crew of fourteen canine catchers stay busy-especially in hot spots like East Austin, which accounts for a disproportionately large percentage of the dogs picked up. Austin has a huge problem with stray animals and animal control officers beat the streets daily to hunt them down. The officers brought in a total of nearly 12,000 dogs from October 1, 2000, through June 30, 2001, about seven of every ten animals taken into Town lake Animal Center (TLAC). There is no law on the books about stray cats and these officers rarely get involved with felines unless they bite someone.

DOGSCATS-catcherOn July 17, it’s not even eight in the morning when Victor Busby and Lissa Doggett steer their Ford XL 250 trucks out of the TLAC facility and head east on Cesar Chavez. They will patrol the entire area of Austin north of Town Lake and east of I-35. It’s another hot summer day. Busby and Doggett are wearing the city uniform: shorts, short-sleeved shirts and shiny silver badges. At three minutes after the hour they spot two loose dogs and pull up to a frame house at 1802 New York Street. They park the trucks, slip on gloves, grab nets affixed to poles, and move up the driveway. A brindled pit bull-chow mix sprints around Busby and heads toward the street but Doggett nets the animal. Busby nabs the playmate, a brown pit-chow mix, and within four minutes both are loaded. The trucks are ready to move, as soon as Busby, already sweating, picks a tick off his leg. At twenty minutes after the hour they’ve bracketed two more strays in the 1900 block of Riverview Street. They trap one against a backyard fence. As Busby lifts his catch into the truck the dog lets loose its bowels, but misses. “Most of the time they’ll poop on me when I carry them like I did,” Busby says.

They answer a complaint call at 1703 Riverview, where a small dog has been hiding under the elevated house. “I’ve been feeding this dog three days and I don’t want a relationship with this dog,” the woman says. Busby tries to net the pooch but it sprints under the house. He promises a trap will be delivered to capture the dog. “If there’s no food outside the trap, she’ll go in,” Busby tells the woman.

Soon, dispatchers direct Busby and Doggett to 301 Navasota to speak to a complainant. The area proves inaccessible by truck due to utility construction. While circling for access, they spot a large Rottweiler and another stray on East Fourth Street. They bracket the dogs, parking on either side. Suddenly the Rottweiler is airborne, sailing over a chain-link gate more than six feet tall with the ease of a gazelle. The gate is locked. The rest of the fence is made of eight-foot-tall sheets of plywood. No one answers the bell. The Rottweiler stands inside the fence, barking incessantly. They post a notice on the gate, spelling out in both English and Spanish that impoundment of the animals can result in citations and fines or both. The notice doesn’t indicate how much the fines are, but they are hefty. Busby says they cost $155 each and you can rack up three in one whack: one for an animal running at large, one for failure to vaccinate the animal, and one for the animal not wearing city pet registration tags. On top of that, there’s a $55 impoundment fee and up to $31 in other fees. If the dog is kept overnight, that will add another $5 a day for boarding.

Busby says a first-offender’s program will allow the owner to pay $25 and go to a class if registration and vaccination are proven within seventy-two hours. It’s a program that works much like going to defensive driving school to erase a speeding ticket. A dog owner can do this once a year. “We don’t like to cite people who can’t afford it,” Busby says. “We give them one chance if they’re amenable and put it into the computer. We’ll even warn them twice. Three times and you’re out-the dog’s going to get a citation.”

Busby and Doggett move to the 301 Navasota complaint and the offending dog, a gray-and-white Australian Shepherd mix squirts by Busby’s extended net. Busby drives several blocks trying to head off the dog but it is too fast. At Fifth and Waller he gives up the chase. Meanwhile, Doggett radios that she has spotted two dogs at 1405 E. Fourth Street. Busby joins her, wheeling into the alley at the end of a long chain-link fence that borders the side of the yard. Doggett moves in from the other end. The two dogs quickly wriggle under the fence to join others inside. Busby posts a notice to warn the owner to fix the fence so the dogs can’t get out again.

It’s still not nine yet when the radio crackles with a call sending them far north in East Austin. On the long cruise Busby says he’s been in this job ten years now and has been bitten three times, all three times when the owner said the dog would not bite. “Every dog with teeth will bite. That’s my motto,” he says. To emphasize the point, he says that a couple of days earlier he went into a yard with two dogs that a woman said would not bite. “They tried to eat me up, like Cujo,” he says, referring to the Stephen King novel and horror movie in which a New England family is terrorized by the family dog, a rabid St. Bernard.

Doggett knows all too well that dogs will bite. In April, a white pit bull she was trying to woo away from the trash he was sniffing clamped down on her left arm, just above her watch band, and bit halfway through her arm. Doggett told the Austin American-Statesman that neighbors said the dog had been trained to attack anyone in uniform, although the dog’s owner denied it. “She fed him her arm to protect her neck,” Busby says. “I hit him with the net. He was so cool. He let go of her and walked off. She was bleeding. Our first objective when there’s a bite is to get the animal. I netted him. Another unit took her to the emergency room.” Doggett says the wound took thirty days to heal, during which time she had to do physical therapy. “I could not bend back my fingers till I got therapy,” she says.

The city filed dangerous dog charges against the owner of Cain, the pit bull that bit Doggett. Busby says the owner could be fined up to $4,000 and once a dog is declared dangerous the owner must get a liability insurance policy of $100,000. The animal must wear a large tag identifying it as a dangerous dog and it must be kept in an enclosure inspected by the city. The Statesman reported that twenty-three dogs in Austin are registered as dangerous.

An animal that bites or breaks the skin must be quarantined for ten days if it can’t be shown to have a current rabies vaccination, says Amber Rowland, community awareness coordinator at TLAC. If the animal shows no symptoms during quarantine, it is presumed not to be rabid. While Austin has no problem with rabies among dogs and cats (bats are another story), the entire state is under a rabies alert because of a high incidence, she says. That’s why Austin requires an animal to be vaccinated annually, even though vaccines might be good for three years.

Back on the beat, Busby and Doggett pull up to the complainant’s apartment at 7419 Vintage Hills, where three red chows had been reported. A woman tells them, “Y’all too late. The dogs done run off.”

Just then the dispatcher reports a call at 2901 Goodwin, where an aggressive dog had attacked a woman and her dog the day before. That’s back down south, but Busby says if they can get there within an hour the dog will probably still be there, as dogs tend to stay in the neighborhood they live in. As they are headed in that direction they spot two small dogs with tags in a driveway. As Bubsy and Doggett stop, the pooches trot around the end of the fence and back inside the yard at 2301 E. Ninth at San Saba. Doggett nets one of the dogs, a brown Chihuahua mix, and traps it against the side of the fence and holds it. Busby runs the tags through dispatch. It’s been recently vaccinated by EmanciPet, a mobile veterinary service that the city pays to stop at selected East Austin locations four Fridays a month, providing free spay and neuter service and free rabies vaccinations. Residents are summoned from the house, but they don’t speak English. Doggett and Busby try to communicate in their limited Spanish. They warn the woman to keep the dog tied, since it can get out of the fence. “If the dog has city tags, we give them one free pass,” Busby says. “It’s like a Get Out of Jail Free card.”

Shortly before ten, the dispatcher directs them to 2506 Lehigh Drive to assist a constable. They arrive to find a front yard filled with furniture from a court-ordered eviction. The constable leads them through the trashed-out house to the back yard where there are two ducks and two guinea hens. They nab the ducks but the hens take flight. Busby returns with a net and as he wiggles between the house and an air-conditioning unit, a hen takes flight and gets caught in his net. “I didn’t even see her,” he says.

On the way to a pit stop for gasoline, Bubsy says, “We’ve come a long way. We used to drive pickups with a dog cage on the back.” The trucks he and Doggett are driving now have air-conditioned pens. “We see dogs now, but nothing like it used to be. It’s amazing we have gotten the city under control.”

The next call is at 1104 Saucedo Street, where a female pit bull is reportedly foaming at the mouth. A man denies knowing anything about the dog, but another man says that’s his brother and he’s done this before. “He gets a dog and doesn’t feed it.” The man says the dog is sick but there’s no money to take it to a vet. One side of her stomach is hanging down, apparently filled with fluid. “We don’t want to do this but it’s a last resort,” he says, reluctantly signing the release proffered by Doggett so that Busby can take the dog.

Finally arriving at 2901 Goodwin, they find two dogs chained inside the back yard. A sleepy boy of thirteen answers the door. No adults are home. Busby gives him a notice that the dogs need registration tags.

Shortly after eleven they arrive to answer a complaint at 5608 Ledesma Road. The two dogs in the yard take off. Around the corner, Busby snares one of them. The other escapes into a forest a block away. Busby goes back to tell the complainant, who replies, “Thank you, man.”

After a brief lunch stop, Busby answers a call at 1204-C Salina Street. A woman who lives in an upstairs garage apartment can’t care for her dog in the yard downstairs due to her surgery. She’s in tears but asks him to take the dog. He goes in the gate and closes it but the dog escapes through another opening.

Busby, now thirty-one, started the job five days before he turned twenty-one. He worked inside the pound first, and got the animal control job when it opened up. What kind of training did he get? “You really don’t get any, except on the job,” he says. He says he started the job at $7.45 an hour in 1991 and after six years was making $10 an hour, the maximum at the time. After a survey of what other cities paid animal control officers, the top tier was hiked to $14 an hour, which is about what he makes now.

We arrive at Town Lake Animal Center at half past noon. Doggett’s already there and has unloaded. Busby takes animals out one at a time, carries them inside and scans to see if they have a microchip and weighs them, then puts them in a cage. He brought in three dogs this morning. Doggett brought in three more, plus the two ducks and a guinea. Inside they sit at a computer to enter the data for each animal into the Chameleon database, which assigns an animal identification number for each. Doggett and Busby say they bring in about 250 dogs apiece each month. They beat the streets, snaring loose animals to bring order because owners are not holding up their responsibilities in many cases. It’s not the animal’s fault.

“Pound dogs are good,” says Busby. He believes that animals adopted from TLAC know how close they came to being killed and make excellent pets. “They were on death row and they know,” he says. “Give them a little love and they’ll die for you.”

—Ken Martin

 

Humane Society Does It Right

The Humane Society/SPCA of Austin and Travis County opened its current facility at 124 W. Anderson Lane in 1994. The City of Austin had forced the Humane Society to give up operation of the Town Lake Animal Center (TLAC) in late 1992. This was a period of bad blood between the city and the Humane Society, but it turned out to be a blessing for the Humane Society, whose mission was at odds with the fact that it was running a gas chamber at TLAC, which killed animals by confining them in a compartment and then pumping in carbon monoxide. The $1.6 million the city paid to the Humane Society for the buildings it owned on city land at TLAC gave the organization a new lease on life.

Today the Society’s 15,000-square-foot facility has the luxury of picking and choosing the dogs and cats it accepts. There’s a two-week waiting list just to bring an animal in, says Dineen Heard, public relations director. TLAC, by contrast, must accept anything that’s brought in, twenty-four hours a day, every day. Alligators. Ferrets. Pythons. Rats. There’s no telling what will turn up at TLAC. Of course, people don’t always play by the Humane Society’s rules. Staff often finds boxes on the front porch or out back.

Dogs are given a pre-adoption temperament test and if they don’t pass the owner must reclaim them or take them to TLAC. The test was devised by staff behaviorist Amy Boyd. Animals are screened for sociability, friendliness, aggression, and other traits that might prove undesirable in an adopted pet. “We pull their ears and tails because a toddler will,” she says.

People relinquish their companions for all sorts of reasons, Heard says. They’re moving. They have a new baby. They just got divorced. They are elderly and can no longer care for the animal. Because the bulk of animals taken were relinquished by owners who fill out a fifty-two-question background form, the Society has a detailed behavioral history on most of its animals.

Dogs and cats accepted are prepared for adoption with spaying or castration, vaccinations and a complete workup. Adoption counselors attempt to steer prospective families to dogs that fit the adopter’s lifestyle. “We strive to make a match for life,” Heard says. “We can turn people down for a specific animal.”

The Society functions in some respects like a rescue group, taking selected animals out of TLAC that might otherwise die. For the year that ended September 30, 2000, the Society took in a total of 2,359 animals, of which 443 were transferred from TLAC, Heard says. The rest were accepted from the public. Only fifteen animals were euthanized that year.

Dogs have kennel cards that are generally more detailed than the ones at TLAC, complete with color codes to indicate what level of training a volunteer must have to work with the animal and a list of its behavioral traits. The volunteer dog handlers make up the Behavior Rehoming Adoption Training Team.

Volunteer coordinator Dan Morris says he has a crew of about 150 volunteers who work at least two hours a week, a number he keeps building on with volunteer orientation classes offered monthly.

The front of the facility includes a “real life room” with couch and appliances to give adopters a chance to interact with an animal in a homelike environment. People who already have a dog and want to adopt another must bring in the dog to make sure the two will get along okay.

“We keep dogs as long as it takes to find a home if they remain physically and mentally healthy,” Heard says. “Some go kennel crazy, spinning in circles, chewing on their paws, pacing repetitively. If we feel an animal is suffering or becoming dangerous, we will euthanize it or transfer it to a rescue group.”

One outstanding rescue facility is the nonprofit Southern Animal Rescue Association in rural Seguin. This is a 580-acre, no-kill facility where only terminally ill animals suffering with no chance of recovery are killed. No animal is killed for convenience. Adoptive homes are sought but failing that, the animals have homes for life. It currently houses 400 dogs and 100 cats, plus a couple of hogs weighing about 800 pounds apiece.

Outside the Humane Society facility sits a large truck and trailer that provides a mobile adoption unit. Like the van owned by EmanciPet, this big rig was donated by Michael McCarthy, a former Humane Society board member. The mobile unit has sixteen dog cages and six cat cages. Recently parked at a Tinseltown Theater that was showing Cats & Dogs, the unit netted two adoptions on-site. Plans call for rolling up to Round Rock for a baseball game played by the Express. Fill out the adoption forms, pass the interview, pay the $75 (the same adoption fee as TLAC) and you can go home with a pet.

—Ken Martin

 

Animal Resource Organizations

There are scores if not hundreds of volunteer organizations working to assist animals in this area. Each has its own mission. Some rescue groups take animals relinquished by their owners while other groups may refuse on the theory that it only encourages irresponsible behavior. Virtually all of these organizations need help in terms of cash, volunteers or other resources, and most have animals ready for adoption.

The organizations listed either responded to an invitation to have the information published or were located on the web. Because some organizations don’t have sufficient resources, a few of those listed declined to publish a phone number. There are many other organizations that work in a similar fashion in this area.

American Curl Rescue Project, (512) 336-8474, www.sarcenet.com.
Animal Trustees of Austin, (512) 302-0388, www.animaltrustees.org.
Animal Trustees of Austin Spay-Neuter and Vaccination Clinic, (512) 450-0111, www.animaltrustees.org.
Austin360.com Pets of the Week (listings for numerous shelters and rescue groups), www.austin360.com/services/pets/pets_ofthe_week.html.
Austin Animal Advisory Commission, (512) 708-6080, www.ci.austin.tx.us.
Austin Boston Terrier Rescue Inc., http://home.houston.rr.com/rector.
Austin Feral Cats, www.austinferalcats.org.
Austin-Houston Hound Rescue, (Beagles, Bassetts, other hounds), www.houndrescue.com/austindog.htm.
Austin Aussie Rescue, (512) 303-1987, www.petfinder.org/shelters/TX182.html.
Austin Lost Pets, www.austinlostpets.com.
Austin Parks and Recreation Department’s Leash-Free Areas, (512) 974-6700, www.ci.austin.tx.us/parks/dogparks.htm.
Austin Rescue, home of shelter-friendly rescue groups
Austin Pets Alive, (512) 452-5790
Austin German Shepherd Rescue, (512) 413-0589, www.austingermanshepherdrescue.org.
Austin Siamese Rescue, (512) 288-1617, www.siameserescue.org.
Bastrop Humane Society, (512) 303-3924.
Blue Dog Rescue, www.bluedogrescue.com.
Border Collie Rescue Texas Inc., (800) 683-8703, www.bcrescuetexas.org.
Bow Wow Rescue Save Pets Society, (512) 272-8015
Capitol of Texas Siberian Husky Club
Cedar Park Animal Control, (512) 258-3149, www.petfinder.org/shelters/TX200.html.
Charlyne’s Pound Puppies, Thorndale (512) 898-5237, or in Austin (512) 335-1417.
Central Texas SPCA, Leander, (512) 260-7722
Central Texas Dachshund Rescue, www.ctdr.org.
Central Texas Welsh Corgi and Great Dane Rescue, (512) 442-4689.
Cocker Rescue of Austin, (512) 282-3009, www.cockerrescue.homestead.com.
Collie Rescue Austin, (512) 515-5494 or www.austincollies.org.
Dreamtime Sanctuary, Elgin, (512) 281-4572, www.dreamtimesanctuary.com.
Emancipet Mobile Spay-Neuter Clinic, (512) 587-7729 or www.emancipet.com.
Friends of San Marcos Animal Shelter, (512) 396-6180.
Georgetown Animal Shelter, (512) 930-3592, www.petfinder.org/shelters/TX34.html.
German Shepherd Rescue Central Texas, (512) 264-2478, [email protected].
Gold Ribbon Rescue (Golden Retrievers), (512) 659-4653, www.grr-tx.com.
Greyhound Rescue Austin, (512) 288-0068
Hays County Animal Control, San Marcos, (512) 393-7896, www.co.hays.tx.us.
Heart of Texas Lab Rescue, (512) 259-5810, www.hotlabrescue.org.
Helping Hands Bassett Rescue, http://www.hhbassetrescue.org.
House Rabbit Resource Network, (512) 444-EARS, www.rabbitresource.net.
Humane Society of Williamson County, Leander, (512) 260-3602, http://hswc.net.
Humane Society-SPCA of Austin and Travis County, (512) 837-7895, www.austinspca.com.
Jack Russell Rescue, (512) 273-2412, www.terrier.com.
Lago Vista PAWS, (512) 267-6876 or www.lvpaws.org.
Mastiff Club of America Rescue Services (512) 419-0944 or www.conceptsdesign.com/mastiff.
Mixed Breed Rescue, (512) 260-0462, www.geocities.com/mixbreedrescue. (This link is no longer functional.)
PAWS Animal Shelter, Kyle, (512) 268-1611, http://paws.home.texas.net/morepaws.html.
Pet Helpers, (512) 444-PETS, www.pethelpers.com.
Pet Protection Network, 444-8380.
Puppy Love Rescue, (512) 447-1785, www.puppyloverescue.org.
San Marcos Animal Shelter, (512) 393-8340
Shelter Rescue, (512) 288-4480.
Shiba Inu Rescue of Texas, (512) 505-5349, www.geocities.com/iluvshibas/rescue.html.
Southern Animal Rescue Association, Seguin, (512) 460-5083 days, (512) 288-1879 evenings, www.sarasanctuary.org.
Southern States Rottweiler Rescue Inc., (512) 912-8294, http://ssrottweilerrescue.org.
Spindletop American Pit Bull and Staffordshire Terrier Refuge, (512) 918-9570, http://austinpitbullrescue.homestead.com/home.html.
Texas Great Pyrenees Rescue
Theo’s Home, (512) 292-7386.
Town Lake Animal Center, (512) 708-6000, www.ci.austin.tx.us/animals.
Travis County Environmental Health Services-Animal Control, (512) 469-2015, www.co.travis.tx.us.
Underdog Rescue, (512) 931-2771, www.underdogrescue.com.
UT Campus Cat Coalition, (512) (5121) 471-3006, www.ae.utexas.edu/cats.
Wee Rescue (Lhasa Apso and Shih Tzu), (512) 292-1700 
West
Highland White Terrier Club of Greater Austin, (512) 388-0645, www.austinwesties.org.

—Ken Martin