Flying L PUD News & Information
Why Flying L PUD is selling water to Dollar General
Considering the conversations revolving around Dollar General, we believe it is necessary to communicate directly with residents regarding the decision to sell them water. These conversations have been dominated by opinions, emotions, and misinformation - none of which the PUD can utilize in making business decisions. The intent of this letter is to share facts as we have received them and the reasoning behind the board's decision to supply water to Dollar General.
When was the PUD made aware of the Dollar General?
The PUD received an email requesting water for a "retail development" and this was shared with the board during the Sept. 13th meeting. The discussion was tabled at that time to research the potential income. On Sept 21st it was discovered that the development would be a Dollar General and this info was shared with the POA during their Sept 23rd meeting.
What can be done to stop the Dollar General?
There are no county codes or restrictions and it is outside the area of control of the city. So, there is very little that can be done through government to stop them.
Does the development of the Dollar General hinge on the PUD supplying them water?
Absolutely not. Landowners in Texas have the right to capture the water under their property. Drilling a well is something they have done at locations throughout the country - including their last Bandera location (Polly Peak). Due to their low water usage, it would even be feasible for them to utilize a storage tank that is filled by a third party. Access to Flying L water is only one of many sources for them.
Wouldn’t drilling a well delay construction? Not by much, if at all. The PUD asked the GM of the Bandera River Authority this question and he responded that a well permit takes 3-4 weeks to process. He further stated that they cannot be denied water if they are following regulations and that 100% of the applications in Bandera County this year have been approved. It is also important to note they do not use local contrators. They have contractors who travel the country doing this for them, for example the survey was done by a company out of Tyler TX and Dollar General is his only client. The fact is, DG can probably get a well dug in about the same time frame as the PUD would need to tap the line and install meters.
Why would the Flying L PUD sell water to Dollar General? If there was ANY indication that our supply of water was critical to the development of Dollar General, we would not supply water. The reality is that there are zero indications of anything stopping them. With that in mind, we leveraged the small amount of water we would be supplying them to gain concessions that would reduce the impact to our community.
What concessions were gained? The developer and Dollar General agreed to:1) Utilize a combination of brick and stucco façade on all four sides of the building (as opposed to metal siding)2) Modify site lighting to include shielded & downward directed/facing lighting to reduce light pollution (instead of unshielded lights)3) Install timers on exterior lighting that will coincide with business hours (normally they stay on all night)4) Install a 6’ privacy fence on the north, east, and south sides of the property (fences are not standard)5) Plant a variety of trees and shrubs known to thrive in the Texas hill country along the north, east, and south sides of the property (there was to be very little landscaping and it only allowed for grass)6) In a way not to change the layout of the building, add a western/cowboy aesthetic to the front of the building that will help it blend with the aesthetic of the Flying L Ranch community and the general look of Bandera. Suggestions include adding hitching posts and cedar planking to the front of the building, but developer designers may have improved ideas. 7) When at all possible, retain existing trees. 8) Pay a $35,000 impact fee to the Flying L PUD in addition to the $2,500 tap fee, $200 per meter fee, and $50 per meter connection fee. Two meters total of $38,000.
Were the concession negotiations with Dollar General or the developer? All discussions regarding the concessions were with the developer because the developer owns the property and building until it is built and ready for business. It is important to note that any concession agreed to by the developer was first approved by Dollar General. In other words, we negoiated with the developer who then received approval from Dollar General. Dollar General was involved, but they were not the primary party because they are not developing the property.
What guarantees do you have that they will follow through with the concessions?We have a binding agreement outlining those concessions along with our standard requirements which was reviewed by attorneys from both parties and approved. The meter is on our side of Wharton's Dock Rd and if they are not met, the meters will be pulled.
What about the general upkeep of the Dollar General after they open? We have expressed concerns about this to Dollar General and they have put us in direct contact with their national maintenance manager, regional manager, and district manager to ensure we are able to express concerns over maintenance of the building, fence, and landscaping. Plus when the developer turns the store over to Dollar General, a new service agreement will be signed by Dollar General to insure the concessions are maintained. And again, if they do not live up to the agreement, like any resident, we turn off their water. The PUD is in complete control.
What will the $35,000 be used for?In the past year we have worked hard to update/upgrade our sewer system and the quality of the water. These projects are incredibly expensive, in fact our reserves have been reduced by $160,000 over the past year and a half. Plus there is much more that still needs to be done. Your PUD has not raised rates and have maintained the same tax rate now for 3 years. Our water system has a larger impact on the quality of life and property values than so many of the more often cited influences.
What will the $35,000 be used for?In the past year we have worked hard to update/upgrade our sewer system and the quality of the water. These projects are incredibly expensive, in fact our reserves have been reduced by $160,000 over the past year and a half. Plus there is much more that still needs to be done. Your PUD has not raised rates and have maintained the same tax rate now for 3 years. Our water system has a larger impact on the quality of life and property values than so many of the more often cited influences.
Won’t the $35,000 be eaten up installing the line to Dollar General? No. In fact, none of it will be eaten up by the line because we are installing the meter on our side of Wharton’s Dock. Our standard $2,500 tap fee will cover this cost and Dollar General is responsible for everything beyond the meter.
Did the majority of the residents not want the PUD to sell water to DG?Not at all, in fact the PUD spent many hours talking to various members of the community. Many more than on the much talked about petition. No one wanted it but if there was no way to stop them, the residents wanted the PUD to get the best deal they could. About the petition, 2 facts need to be pointed out. 1) The petition asked the question, do you want to stop Dollar General, not should the PUD sell water to them. 2) about one third of the signatures were from outside the Flying L, one third were people who did not want their name disclosed and the final group of residents from the community had multiple names from the same household. So in summary, many more households told the PUD to get the best deal they could.
What will the residents of the Flying L see from the entrance of the ranch?The Dollar General will be facing Hwy 173 which is about 20' lower than Wharton's Dock (hiding part of the back of the building). Then with the 6' privacy fense, only the top of the back of the building will be seen. Click HERE to see what the store will look like. It is not a typical store and only about the top third of the back of the building will be seen as you are leaving the ranch.
Did the PUD Board and Administrator violate the Texas Open Meeting Act?
Each supposed violation as noted in the recording of the meeting on November 8th was given to the PUD Attorney and he determined there was no violation. Each accusation is explained by the attorney in his memo and why it was not a violation. To read his memo in its entirety click HERE
What about an increase in crime?
The PUD pulled crime reports for Bandera County on anything to do with existing Dollar General stores. Click HERE to see a summary of all reports for 2020-2021. If you read what each was about, it includes normal things you would see in any retail operation. There is no indication Dollar General attracts more crime than Bandera experiences normally.
Recently, there has been much discussion about the PUD and I would welcome anyone who would like to take a tour of our system. Especially with the number of new residents, it is interesting to see the scope of operations along with the improvements made in the past year and the projects coming up in the future.
Last but not least, let's remember the PUD members are your neighbors working to support our community. Especially during this Christmas Season, we hope the community can once again come together in peace.
Merry Christmas!
Steve Childers - Field and Office Administrator