Volume 8, Issue 06: December 2015
BOERNE business monthly
THE DIENGER BUILDING RESTORED TO ITS ELEGANT FORMER GLORY
SHOP LOCAL!
TAX CHRISTMAS FRUITCAKE
LOCAL NEWS & INFO
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publisher's note
D
Don’t you just love driving down Main Street at Christmas time? It is just one of my favorite things to see our beautiful town all aglow with holiday cheer! Also making Main Street a bit more lovely is the newly revitalized Dienger building. It is so good to see that historical building beautifully restored and full of life. Read all about The Dienger Trading Co. on page 15. When shopping for those holiday gifts this year don’t forget to check out all the great stores and boutiques we have right here in Boerne! Turn to page 6 to be reminded of just why it is so great to shop local. There is plenty of holiday fun around town this year. Be sure to check out what’s happening on our calendar of events so you don’t miss a thing! Merry Christmas & Happy New Year!
Lauren T. St umberg
contents
December 2015
06: 08:
shop local
09:
wellbeing Optimal Spine, Optimal Function by Dr. Michael Garcia
10:
taxes Tax Christmas Fruitcake by Roland Miller, CPA
15:
cover feature The Dienger Trading Co: The Dienger Building Restored to Its Elegant Former Glory by Joe Lilli
22:
legal Water Laws by B.R. (Randy) Allen and Richard J. Busbee
26:
bisd news
29:
social media
Publisher
publisher LAUREN TUTTLE STUMBERG director of sales & marketing RUSTY MEADOR art direction DISTINCT MEDIA, LLC distribution manager
calendar of events
The Secret to Leveraging the Power of LinkedIn by Mary Elizabeth Bradford
30:
art Mooney Makes Sense: A Closer Look
ON THE COVER: The Dienger Trading Co. Tom Boswell, Restaurant General Manager; Michelle Ernst, General Manager; Lisa Lunsford, co-owner; Raymond Lunsford, owner
facebook.com/boernebusinessmonthly
DAVE WILD
HELP WANTED - Magazine Distribution! for more information 210.219.6735 LAUREN@DISTINCT-GRAPHICS.COM
WWW.BOERNEBUSINESSMONTHLY.COM
Position requires a few days of work per month. Ideal for a college student or retiree with a flexible schedule. Available at the beginning of January. Contact 210.219.6735 for more information.
Boerne Business Monthly is published by Distinct Media, LLC, copyright 2015. Reproduction is strictly prohibited without prior consent of the publisher. Opinions expressed in Boerne Business Monthly are those of the writers or sources and do not necessarily represent the views of the publisher, nor do they constitute the endorsement of products or services herein. Although the information and recommendations in this publication have been compiled from sources believed to be reliable, Boerne Business Monthly makes no guarantee as to, and assumes no responsibility for, the correctness, sufficiency or completeness of such information and recommendations.
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B oerne B usiness M onthly | December 2015
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shop local The Holiday Season is here and we all know what that means, it’s time to shop. But before you hit the highway to head out of town – STOP! Here are five very good reasons to keep your Christmas shopping local:
1: 2:
Protect Boerne’s Character and Charm: Boerne’s unique mix of local businesses is part of what makes our town so attractive. By supporting these independent, small businesses you are helping Boerne retain its distinctive local flavor.
3:
Community Well-Being: Locally owned businesses help strengthen towns by sustaining communities, linking neighbors and contributing more to local causes and charities. Additionally, local ownership means that important decisions are made by people who live and work in our community and who will be affected by the impacts of those decisions.
4: 6
Keep Dollars in the Local Economy: Money spent in locally owned businesses has three times the impact on our local community as dollars spent at national chains. When you choose to shop local, you are simultaneously helping to create jobs, fund more city services through sales tax, investing in community improvement and promoting community development.
Customer Appreciation: Small business owners value your business. Local shops survive by their reputation and repeat business, which means you are likely to get a higher standard of service and customer care.
B oerne B usiness M onthly | December 2015
5:
Product Diversity: Small businesses sell products based upon their own interests and the needs of their local customers, this guarantees a much broader range of products and services.BBM
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Contact us today for a free, no-risk consultation to get a second opinion on your financial future!
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DECEMBER CALENDAR OF EVENTS EVERY SATURDAY THE FARMERS MARKET AT THE CIBOLO 9:00am to 1:00pm | Herff Farm 33 Herff Rd. – Boerne Shop fresh local produce, farm fresh eggs, breads, jams, jellies, local honey and Texas Hill Country arts & crafts at the historic Herff Farm at the Cibolo Nature Center in Boerne. Enjoy free live music, gardening classes, cooking demonstrations and children’s craft activities, too. DECEMBER 5 INAGURAL OPA'S CHILI COOK-OFF 9:00am | Kendall County Fairgrounds 1307 River Road – Boerne It's not just chili! It's cornbread too. Start working up your batch of Texas style chili and get the pot just right! Prizes will be awarded to the 1st through 10th place. With beans, without beans - it's all up to you. Entry Deadline & Cooks Meeting: Saturday, December 5, 2015 - 9:00 am; Cooking Begins: 10:00 am WEIHNACHTS PARADE 6:00pm to 10:00pm | Downtown Boerne The Weihnacht Parade is a long standing Boerne Christmas tradition. 2015 will be the 29th anniversary. Up to 100 lit entries travel Main Street. DECEMBER 5 - 6 OMA’S CHRISTMAS CRAFT FAIR 9:00am to 5:00pm | Kendall County Fairgrounds 1307 River Road – Boerne You will find all your Christmas shopping easy to handle with every type of unique gift available at Oma’s. DECEMBER 7 AMBLESIDE SCHOOL OF BOERNE CHOIR CONCERT AT THE LIBRARY 10:00am to 11:00am | Patrick Heath Public Library 451 N. Main Street – Boerne Enjoy the music of the season! DECEMBER 8 GREATER BOERNE CHAMBER OF COMMERCE RIBBON CUTTING CEREMONY FOR SISTERS' ATTIC 1:30pm to 2:00pm | 316 West Highland – Boerne continued on page 13
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B oerne B usiness M onthly | December 2015
I
I was recently involved in an accident where I got tossed around a good amount in my vehicle. Two weeks later I started to feel back pain out of nowhere. Now as I am healing up I noticed that I was second-guessing myself on things like exercising and simple daily tasks. I have been fortunate enough to receive care from a profession that focuses on optimal spinal function, but it got me thinking: What makes our spine so crucial for surviving? Why are some people hurting and sick all the time? How can
a functional spine not just help you survive but thrive? Naturally, weak spines tend to make less productive and healthful individuals. We can’t do things to our fullest potential when it hurts to move. Luckily for most us, we do not live in an environment where we need to hunt and gather each meal and resource. In the old days, around hunter/gather and farming days, having a strong spine was absolutely critical to survive. If you busted an arm or leg you could still function enough to survive and maybe work. Unlike our hunter/gather ancestors, we have safety nets in our society if we are injured enough to be out of work. On the flip side, our convenient way of living and endless hours of sitting have caused a slew of health problems for us. According to the World Health Organization, it is estimated that Americans miss 149 million days of work a year due to back pain. That’s a lot of money lost in production for employers. At some point we have to ask ourselves an important question. Is sub par spine function affecting my health and productivity in life? Why Do Spinal Issues Cause So Much Grief? Your brain and spinal cord are the most important organs in your body. The brain will do anything it needs to do in order to survive, even if it means putting you in a coma to prevent further injury. The body is forced to shut down in order for healing to occur. Damage to the spine and nerves can cause problems in other parts of the body such as the bladder, colon and intestines. Damage to the spine can also happen much slower over the course of years. Here is how spinal pain can affect you:
• Even the smallest movements hurt • Spasms occur to prevent you from doing further damage. • There is loss of power and strength until you are healed. The Road to An Optimal Spine From experience of seeing several thousand patient visits over the years, people with resilient spines tend to do better work, produce more and be less sick since their nervous system is functioning at a higher level. As a Structural chiropractor, I am more concerned with the underlying cause, which usually is a structural shift in the spine. SECONDARY CONDITIONS arise when we have gone too far from normal; a fever is a good example of a secondary condition (a.k.a symptom). Symptoms are important but are easily influenced by things we do or don’t do. By addressing these shifts in the spine, it’s highly likely that the symptoms will improve a good amount or completely resolve over time. People do not have to get treated for the rest of their life at our clinic. After a reasonable period of time, recommendations are offered to keep any progress made. Patients will choose periodic maintenance visits lots of times after seeing their results. The rationale is that it’s much easier to have routine maintenance on your car or A/C unit than to completely replace it. BBM Michael A. Garcia, D.C. Boerne Wellness Chiropractic 115 Hwy. 46 W. – Boerne (830)-249-8900 | boernewellnesschiropractic.com
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wellbeing
Optimal Spine, Optimal Function
taxes
Tax Christmas Fruitcake
T
by Roland Miller, CPA
The end of the year has come upon us once again. It is the time of year when people start thinking of family and holiday gatherings. It is also a time when we begin to close the books on year 2015. But before we start making entries into the year 2016, we have some considerations on what might be helpful in planning for the 2015 tax year and possibly beyond. There are over 50 tax provisions that will need to be extended again for tax year 2015. These are like the Christmas fruitcake that gets passed around from house to house each year. These one-year extender provisions have been consistent holiday gifts for many recent tax years. However, we will have to wait until the end of the year again to see if Congress extends any of these provisions. SOME OF THE MORE WELL-KNOWN PROVISIONS ARE: • For individuals, the itemized deduction for state sales tax in lieu of income tax • The $250 teacher supply deduction • The Section 179 expense limitation— that if not extended will be reduced from $500,000 to $25,000 • Bonus depreciation. For those individuals that donate to charity, there are some areas that you may wish to be aware. One of the provisions that may or may not be extended for 2015 is qualified charitable distributions from an IRA. A taxpayer who is 70 ½ is subject to required minimum distribution rules and must take at least a specific and calculated distribution from their IRA each year. A qualified charitable distribution allows a taxpayer to satisfy the required distribution
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B oerne B usiness M onthly | December 2015
rules if they elect to donate their distribution directly to a qualified charity. For any single cash donation of $250 or more, documentation will be required. This can be a cancelled check, bank record, credit card statement, or a written acknowledgement from the charity. If it is a non-cash donation, such as furniture or clothing items, a written acknowledgment from the charity will be required for your records. If the item being donated is over $5,000 in value, there must be an appraisal of the property performed within 60 days of the donation. There are other steps that you can take to reduce your tax liability in 2015 for both individual and business taxpayers.
STRATEGIES FOR INDIVIDUALS You can defer part of your salary to a 401(k) plan, and you may be able to immediately increase your principal if your company offers matching contributions. Tax reform has permanently increased the amount you can save on a tax-favored basis, and the limits are set to rise with inflation in the coming years. For 2015, the contribution limit is $18,000. Current tax laws allow people nearing retirement the opportunity to accelerate their retirement savings. 401(k) participants who are age 50 and older may make additional “catch-up” contributions of $6,000, for a total contribution of $24,000. In addition to taking advantage of retirement opportunities through your employer, consider boosting your savings with another tax-friendly investment vehicle—the Individual Retirement Arrangement, or IRA. Depending on your income and participation in an employer-sponsored retirement plan, your contributions to a traditional IRA may be tax deductible. Potential earnings grow tax deferred. The total amount you are allowed to put into an IRA, or a combination of IRAs, is $5,500 for 2015. If you are age 50 or older, you may contribute an additional $1,000. STRATEGIES FOR BUSINESSES Over the next several years, rules regarding employer-sponsored health insurance will change, as a result of health care reform passed in 2010. In 2015 employers will not be required to offer health insurance plans, but they will be subject to “pay or play” rules. Small businesses with fewer than 25 employees that pay at least 50% of the health care premiums for their employees qualify for a tax credit of up to 50% of their premiums (up to 35% for nonprofits), if insurance is purchased through an exchange. The amount of the credit for a specific business is based on the number of its employees and the average wage. In 2015, a business with 50 or more full-time employees will be required to pay $2,000 per worker per year for all workers if even one of the company’s employees qualifies for and accepts a Federal health insurance premium subsidy. In addition, employers face a potential tax penalty of $3,000 per full-time worker per year for every full-time worker who qualifies for a health insurance coverage premium subsidy. Businesses can also benefit from analyzing the character of asset purchases. A cost segregation study can save you significant dollars because it identifies property that has been misclassified and is being depreciated as part of a building. By segregating property that can be depreciated over a shorter life span—such as landscaping, cabinetry, and fixtures—you are able to write off the cost of that property more quickly. While we hope we have shown you planning possibilities, it is important to keep in mind that many of these opportunities are temporary. At Akin, Doherty, Klein & Feuge, P.C., we can help you monitor changes in tax laws and update your strategies accordingly. We will be happy to meet with you and customize a plan for your circumstance. Contact us at 830-815-1100 for more information. BBM
Roland Miller, CPA is a tax staff at Akin, Doherty, Klein & Feuge, P.C. Roland earned his BBA at Florida Atlantic University before earning an MBA from Our Lady of the Lake University in 2010. Roland then went on to earn a Master of Accountancy from UTSA. He has been in accounting for nearly 4 years and has been in public accounting since 2014. Roland started with ADKF in October.
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B oerne B usiness M onthly | December 2015
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DECEMBER 2015 CALENDAR OF EVENTS | cont’d DECEMBER 8 - 9 A WALK IN BETHLEHEM 6:00pm | St. Helena’s Episcopal Church 410 N. Main – Boerne As you enter the city, allow the sights, sounds and smells to carry you to a period of time that changed the world. Journey through the heart of the city after being counted for the census. Collect your denarii (provided before entrance) and enter the marketplace that is bustling with activity from over a dozen authentic shops; enjoy samples from the baker’s shop, marvel at the potter’s, carpenter’s & basket weaver’s crafts and listen for the rumor of a king’s birth from excited townspeople. The highlight of the event will be the arrival of the Christ Child and a traditional nativity scene including camels and Magi. DECEMBER 10 GREATER BOERNE CHAMBER OF COMMERCE RIBBON CUTTING CEREMONY FOR THE BRA CHICK 11:30am to 12:00pm | 100 Hosack Ste. 104 – Boerne GREATER BOERNE CHAMBER OF COMMERCE BUSINESS AFTER HOURS MEETING SPONSORED BY MERCEDES-BENZ OF BOERNE 5:00pm to 7:00pm | 31445 IH 10 W. – Boerne DECEMBER 11 CURINGTON ELEMENTARY SCHOOL COUGAR CHOIR 10:00am to 11:00am | Patrick Heath Public Library 451 N. Main Street – Boerne Enjoy the music of the season! DECEMBER 12 SECOND SATURDAY ART & WINE 5:00pm to 8:00pm | Galleries in Boerne The 2nd Saturday participants go all out with complimentary beverages and a variety of hors d’oeuvres along with fantastic art!
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THE CHRISTMAS TOWN 6:00pm | Vanguard Institute 43360 IH 10 West – Boerne This unique experience is sure to bring the entire family back to the true spirit of the season! The Christmas Town includes live Christmas music, hayrides, the town of Bethlehem on the night of Christ’s birth, shopping hand-made gifts, an entire interactive area just for kids, amazing foods and so much more. Free Admission. www.thechristmastown.com DECEMBER 12-13 BOERNE MARKET DAYS 10:00am to 5:00pm | Main Plaza 100 N. Main – Boerne Great shopping in an outdoor setting. continued on page 24
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B oerne B usiness M onthly | December 2015
cover feature
THE DIENGER BUILDING RESTORED TO ITS ELEGANT FORMER GLORY
L
by Joe Lilli | photos by Ron Pritchett
Life is full of surprises and wonder. Anything can happen, and it usually does. Like when Raymond Lunsford first met Michelle Ernst at the Main Street Café in November 2014. Their chance encounter was life changing, and led to the recent restoration and rebirth of Boerne’s historic Main Street gem, the Dienger Building. Before Lunsford and Ernst met and began collaborating to restore the former glory and original beauty of this famous and well-loved Boerne treasure, the building sat forlorn and vacant for over five years. Then serendipity intervened. Now the majestic two-story Victorian-style building – located at 210 North Main Street across from Main Plaza and the Gazebo – sits revitalized and again open to the public. Meticulously redecorated, this local landmark once more captures the southern
charm of late 19th century Boerne and the spirit of Joseph Dienger who built it in 1884. Aptly re-named The Dienger Trading Company, this elegant limestone building warmly welcomes local residents and visitors alike. The bistro and bakery are open from 7 a.m. to 5:30 p.m., and the boutique from 10 a.m. to 5:30 p.m., Monday through Saturday. Inside, patrons can casually dine on scrumptious home-made baked goods or bistro-style sandwiches, soups and salads . . . savor a warm mug of Merit Roasting Company coffee with its deep, rich aroma and full-bodied taste . . . and shop within a cozy bookstore or eclectic boutique stocked with home furnishings, unique hand-made jewelry, and shoes and clothing for men, women, and children. continued on page 16
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continued from page 15
Blessings From Above If you listen to Lunsford and Ernst tell the story of how the Dienger Building’s restoration came to be, they will tell you it was more than serendipity. It was blessings from above. “Raymond and I both believe God was at work here,” declares Ernst. Lunsford describes the first chain of events . . . “We owned several businesses on Main Street, but on the other side of town outside the main tourist district. My wife Lisa and I knew it would be better for our businesses if we moved downtown. So our realtor asked the owner of the Dienger Building if he would sell and he agreed,” says Lunsford. Shortly after they purchased the building, Lunsford met Ernst. Ernst, who had lived in Boerne merely three weeks after moving from Houston, was volunteering for Child Legacy International, a local non-profit looking for office space. She was directed to Raymond because he owned several properties in town. They met at the Main Street Café he owned. “After inquiring about my background, he
16
offered to show me the building he had just purchased because he wasn’t sure how he was going to fully use it. This was just after he had closed on the building in late October 2014,” Ernst says. The Vision Revealed As they walked through the building, Ernst learned that Lunsford and his wife Lisa had planned to move their three existing businesses into the historical gem. After providing more information about her experience in public relations, marketing, branding, and interior design, the Lunsfords hired Ernst the next day. “There weren’t initial plans to bring the building’s historical presence to the forefront; however, that changed after spending time in the Patrick Heath Library archives,” she recalls. It was then that Ernst revealed to Lunsford her vision for the building. Later, he learned that for several years she had come to Boerne with her husband to visit his parents. Each time they drove by the Dienger Building, she dreamt of what it could be one day. It was simply a daydream; never one she thought would ever become a reality.
B oerne B usiness M onthly | December 2015
Captivated by her ideas and her passion for preserving its history, Lunsford turned over the building’s project management and design to Ernst. She now serves as The Dienger Trading Company General Manager and assumes all the marketing, design and buying responsibilities. One of the first things Ernst did was to come up with a single brand name for the building that would embrace all the businesses she envisioned – The Dienger Trading Company. “From a marketing standpoint, having three separate brands under one roof isn’t as strong and compelling as having one distinctive and memorable brand,” she notes. But there was another reason for having all of the businesses under one name . . . “I did extensive research on the history of the Dienger building and dug through all its archives and
historical files. It was quite evident that this building is very important to the community, so I wanted to come up with a name that embodies its full heritage. “When Joseph Dienger built this he had his general store downstairs. In 1905, he added a store in back for his sisters Lina and Louise to sell clothing and shoes. So in recreating a modern version of that history, we came up with the bakery and bistro to take the place of the general store and fancy groceries he sold. “Our boutique is the present day version of what I feel Lina and Louise’s dry goods store would have been. We also have a small bookstore because this building was previously the city library and we wanted to have inspirational offerings the community could find locally. “Upstairs is reserved for engagement parties, baby showers, birthday parties, anniversaries, business meetings, and small wedding receptions. The Dienger family lived upstairs, so I like to believe it was a place where they created happy memories. It made sense then that we continue with tradition in making more happy memories,” she says. “Calling it The Dienger Trading Company perfectly mirrors its past.” “As I tell everybody, it’s just a gift from the Lord because Lisa and I would never have dreamed of doing the building the way it is now,” Lunsford declares. “Everyone who comes in here says, ‘Wow! This building should be in San Francisco, or New York, or Martha’s Vineyard.’ It’s just that unique. “And when those Boerne residents 60 to 90 years old tell us they had no idea this building could look this way, they thank us for what we’ve done. When we hear them say that, it means so much to us,” he adds. An Historical Snapshot Joseph “Joe” Dienger was born in 1859, the first son of
pictured (left to right): Raymond Lunsford, owner; Lisa Lunsford, co-owner; Michelle Ernst, General Manager; Tom Boswell, Restaurant General Manager
German immigrants who settled in the Boerne area in 1855. In 1882, Joseph purchased the land across from the Main Plaza in downtown Boerne. He began construction of the limestone and rock Dienger Building with “gingerbread” embellishments in 1884. It opened as a dry goods store, selling flour, cornmeal, sugar, coffee, beans, dried peas, and potatoes. Later, Joseph constructed a second story which served as a home for him, his wife Ida, and their seven children. In 1905, he added a dry-goods store. Joseph’s sisters, Lina and Louise, ran the store, selling fabrics, shoes, linens, and ready-to-wear garments. Around 1912, Joseph and his sisters sold their stores to their brother Charles. Over the next several decades, other members of the Dienger family owned and operated the stores. Joseph sold the building shortly before he died in 1950. In 1967, nine Boerne businessmen bought the building and converted it into a pioneer-style restaurant called Antlers, so named for Joseph Dienger’s collection of 2,000 deer and moose antlers found in the basement. They opened a continued on page 18
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THE DODGING DUCK BREWHAUS 402 River Road - Boerne, Texas 78006 (830) 248-3825
WWW.DODGINGDUCK.COM www.edwardjones.com
During this holiday season and every day of the year, we wish you all the best. Ron Warden Financial Advisor 215 W Bandera Rd, Ste 113B Boerne, Texas 78006 830-249-8286
Rebeca Short
Allyson Munsell
Financial Advisor
Financial Advisor
104 Medical Drive Boerne, Texas 78006 830-249-4630
1011 S Main Street Boerne, Texas 78006 830-249-2748
MKT-1920A-A-AD
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Member SIPC
private supper club/bar on the top floor called the Trophy Room and rented the north part of the building to a family who used it as a grocery store. Antlers closed in 1978 and was sold in 1980 to William and Paige Ramsey-Palmer who renovated it into office space for geologists. When William died, J. W. Smith bought the Dienger and used it for office space. The Dienger Building was designated a Texas Historic Landmark in 1982 and was listed on the National Register of Historic Places in 1984. In 1991, the building became the home of the Boerne Public Library. It was around that time that the building gained some notoriety as being haunted. Many local residents reported seeing lights in the building turn on and off at night. There also were reports of strange occurrences: Unusual voices echoing in the hall, the figure of a woman by a staircase, and books falling off the shelves when no one was around. Local TV stations did reports on the ghostly events and two brothers who owned a paranormal company were called in to investigate. Although they certified the library as “paranormal,” meaning activity had taken place that wasn’t normal, they declared the library was not haunted. The Return To Glory “When I thought about all the hard work and sweat that was put into the construction of this building in 1884, all the history and great memories it holds, we wanted to preserve, take care of it, and bring it back to its old glory,” confides Ernst. “We believe we have accomplished just that and to the incredible delight of this great community.”BBM
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B oerne B usiness M onthly | December 2015
Appointment booking available online at
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This must see almost 7.5 acre property is located at the back of a cul-de-sac in a small quiet subdivision and is just minutes from downtown Boerne. It boasts an absolute magnificent house with picturesque windows that capture the lush grounds. Great for entertaining with several patios, large grassy areas, and a heated pool/spa. Horse friendly estate with lots of room and many possibilities! Contact Lynelle Boyd today to set up a showing – (830)822-9688
TEXAS INVESTORS TITLE Performance is Our Priority Locally Owned ~ Nationally Recognized 116 W. Blanco Rd., Suite 101, Boerne, Texas 78006 Office: (830) 816-5888 ~ www.TexasInvestorsTitle.com Stephen V. Vallone President, Escrow Officer steve@texasinvestorstitle.com Becky Edmiston Vice President, Escrow Officer becky@texasinvestorstitle.com Beverly McCormick Residential Escrow Officer beverly@texasinvestorstitle.com
Representing Stewart Title Guaranty and First American Title Insurance
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legal
W
by B.R. (Randy) Allen and Richard J. Busbee – Allen & Associates, LLP
We have all heard the old adage, “It’s either feast or famine.” Rain in the Hill Country tends to be the same way. In the past year we went from some of the worst droughts since the 1950’s to dealing with very serious and deadly flooding around Memorial Day. Both scenarios can cause problems, with droughts hurting the production of crops, livestock growth and natural flora, and floods creating their own brand of chaos, from flooding water crossings (please don’t drive through them) to washing out roads, fences, and yards. Texas has long dealt with these two extremes, with drought being far more common. Since droughts make water such a precious commodity, many a disagreement has been started over who owns the water, and more recently who is responsible for the runoff. Everyone in this area had to cope with floodwater runoff recently, whether it was destroying a fence or washing away grass. As soon as the ground was dry a lot of people went to work, trying to more effectively move the water off of their property, so as to prevent this damage the next time it floods. And it will flood again, always has, always will. Shovels, bobcats and backhoes all went to digging, shaping and moving dirt. This is fine out in the rural areas, but in towns and subdivisions this raises questions. What can I do with runoff? Can I divert it elsewhere? Can my neighbor dump their runoff on to my property? There are numerous theories of liability, definitions, and regulations that define water law across the United States, and even several categories of water. Texas has recognized three different categories of water, namely; groundwater, surface water, and diffused surface water. Storm water, flood water, drainage and surface runoff are often called “diffused surface water,” which is generally defined as water that has not entered a watercourse. A watercourse has definite banks, such as a river or lake, but there are situations when drainage or irrigation channels meet the requirements. In Texas, diffused surface water is owned by the landowner on whose property the water lies, until it enters a watercourse, at which point it becomes owned by the State, in trust for the people of Texas. Prior to the runoff reaching a watercourse, it is free to be captured, or diverted and stored, by the landowner for the land-
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B oerne B usiness M onthly | December 2015
owner’s personal use, and in many rural areas this is exactly what takes place with some stock tanks. It is the same situation with rainwater collection systems. As the rainwater is free to be captured, many homes are designed and built to collect this rainwater for that home’s use, with some homes even using only rainwater for the family’s needs. Some problems tend to arise in urban areas, where construction, landscaping, roadways, sidewalks, etc. all work against moving the rainwater, or runoff, to a watercourse. The water has to go somewhere, and people often disagree on where it should go, and how much of it should go where. Texas has recognized the natural flow, or “civil law” rule regarding diffused surface water since 1915. The civil law rule states the owner of the lower estate must accept surface water from the upper estate insofar as its natural flow and the owner of the upper estate cannot require the owner of the lower estate to accept a greater runoff. At the same time, the owner of the lower estate cannot block the surface water from the upper estate. This means that neighbors cannot increase or decrease the amount or flow of runoff beyond what it would be in the land’s natural state. Simply put, each neighboring property has to take the same amount of runoff as it did when the land was in its natural state. It also means that the neighboring property cannot increase the runoff, but the lower property has to take, by law, as much runoff as it did before the natural flow was altered. In the event the natural flow is increased, due to construction, landscaping, or the like, the upper estate property owner may not increase the flow volume. We have all chosen the Hill Country as the place to make our home, and the secret is out! The Hill Country is growing very rapidly, with new construction, subdivisions, stores and schools appearing almost weekly. Some people appreciate growth, and others are more skeptical. However, we are all in this together, and we can work together to make it a better place. Abraham Lincoln once said “Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often the real loser — in fees, and expenses, and waste of time.”BBM
THE NEW ALAMO TITLE BOERNE FEE OFFICE
B.R. (Randy) Allen III Attorney Escrow Officer
Brian A. Clepp Attorney Escrow Officer
Alana Logue Escrow Officer
Cathy Spain Business Development Director
Competence & Integrity
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allenlaw@allenlawllp.com • Phone (830)443-4900 • Fax (830)443-4901 boernebusinessmonthly.com 23 12 Upper Balcones – Boerne, Texas 78006
DECEMBER 2015 CALENDAR OF EVENTS | cont’d DECEMBER 13 BOERNE CONCERT BAND CHRISTMAS CONCERT 6:00pm to 8:00pm | Boerne High Auditorium 1 Greyhound Ln. – Boerne A variety of your favorite tunes! DECEMBER 14 KENDALL COUNTY COMMISSIONERS COURT 9:00am to 11:00am | Kendall County Courthouse 201 E. San Antonio Ave. – Boerne DECEMBER 15 CITY COUNCIL MEETING 6:00pm to 8:00pm | City Council Chambers 124 Old San Antonio Road – Boerne December 15, 6:00 PM - 8:00 PM DECEMBER 17 BOERNE PERFORMING ARTS - THE TEN TENORS - HOME FOR THE HOLIDAYS 7:30pm to 10:00pm | Boerne Champion Auditorium 201 Charger Blvd. – Boerne SOLD OUT! DECEMBER 19 THE CHRISTMAS TOWN 6:00pm | Vanguard Institute 43360 IH 10 West – Boerne This unique experience is sure to bring the entire family back to the true spirit of the season! The Christmas Town includes live Christmas music, hayrides, the town of Bethlehem on the night of Christ’s birth, shopping hand-made gifts, an entire interactive area just for kids, amazing foods and so much more. Free Admission. www.thechristmastown.com WINTER SOLSTICE WITH CELEBRATION CIRCLE 7:00pm | Cave Without a Name 325 Kreutzberg Rd. – Boerne Greet the Winter Solstice in the Throne Room! DECEMBER 19 - 20 COWBOY CHRISTMAS MARKET DAYS 10:00am to 5:00pm | Main Plaza 100 North Main – Boerne Finish your last second Christmas shopping at the Cowboy Christmas Market Days! DECEMBER 22 FIRST DAY OF WINTER DECEMBER 25 MERRY CHRISTMAS! DECEMBER 31 NEW YEAR’S EVE BBM
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B oerne B usiness M onthly | December 2015
INTERIOR AND EXTERIOR PAINTING DRYWALL REPAIRS AND TEXTURING E X T E R I O R R E PA I R S - FA S C I A A N D S O F F I T
CALL JOE @ 210-803-2463 CALL MARK @ 830-446-1506
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Enclave
at Balcones Creek $
Homes from the mid
200s
Contact Mark Guerra at 830-981-5206
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Balcones Creek
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Johns Rd.
St.
10 87
46
Balcones Creek
46 Fair Oaks Blvd.
Community Features: • No city taxes • Gas community • Gated community
• Wooded homesites • Boerne Independent School District
87
Map not drawn to scale.
For more information visit CalAtlanticHomes.com.
at Balcones Creek Homes from $ the high
300s
Contact Heather Morofsky at 830-981-5301
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at Balcones Creek Homes from $ the high
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In the San Antonio division of CalAtlantic Homes being marketed under the Ryland Homes brand, prices, plans, elevations and specifications are subject to change without notice. Depictions of homes or other features are artist conceptions. Photographs and/or renderings are for illustrative purposes only. Hardscape, landscape, and other items shown may be decorative suggestions that are not included in the purchase price and availability may vary. See Sales Counselor for details on available promotions, restrictions, offer limitations and a complete list of HouseWorks® features. This e-mail is not an offer or the solicitation of an offer for the purchase of a new home. This information is not directed to residents of any state that requires registration or permit issuance prior to the publication of such information. RS1319
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bisd news
BEF Makes Fall Fund Distribution to Schools
B
Boerne Education Foundation has distributed its Fall Campus Disbursements for 2015 to assist with educational initiatives on the Boerne ISD campuses. According to BEF president Angie Lemmons, a total of $132,318 was distributed among the ten campuses. The funds represent 50 percent of the annual net income of the Foundation and were allocated to the campuses based on per capita student enrollment. “We are pleased to be able to help with important needs at each school in Boerne ISD. This investment in education would not be possible without the great support of our parents and community through both our Annual Giving Campaign and our Rock On event. These funds are needed by the schools for everything from basic classroom materials to the ‘extras’ that make learning exciting and impactful for our children,” says Lemmons. Teachers on the different Boerne ISD campuses will use the Fall Campus Disbursements for a variety of educational projects including technology equipment purchases, dual language reading support, English Department novels, eBooks, educator professional development, and much more. “Thank you to BEF for their incredible generosity! I love being able to say yes to our teachers and this grant does just that! Because of these funds, we’re able to support our growing population – more supplies for the science and the career and technology departments, which rely heavily on hand-on activities and consumables. Learning comes alive! We’re also able to support our new teachers, one who has to float into classrooms will now have his own mobile teacher’s station and our new Family and Consumer Science teachers are getting mobile cooking carts so that they can teach in their classrooms. So many great learning experiences for our students!” Jodi Spoor, Champion High School principal “BEF is an incredible organization that provides the finances schools need to meet the needs of our learners and teachers. The Cibolo Creek community is lucky to benefit from the dedication and hard work of BEF volunteers.” Ellie Maxwell, Cibolo Creek Elementary principal “The generosity of the Boerne community and its support of BISD through the Boerne Education Foundation never ceases to amaze me. The BEF’s fundraising efforts have provided opportunities for students that otherwise would remain teachers’ dreams. We thank you for the overwhelming allocation of over $18,000 to Boerne Middle School South which will provide things such as additional books for our library, math manipulatives for Hands-On Equations, software and other technologies, music for choir students, items for the new robotics class, and staff development for teachers. On behalf of the faculty of BMSS, please accept my thanks for your generosity and ongoing support.” Georgia Franks, Boerne Middle School South principal “The Boerne Education Foundation is evidence of the whole Boerne community pitching in to help all of our students. The economic support of the fall disbursement allows our staff to
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dream big and feel supported in taking a risk in providing the extra tools and strategies to help each student reach their maximum potential. Our campus and community is highly grateful for their support and the impact the Foundation has on our Kendall students.” Marshay Wolff, Kendall Elementary principal. BBM photos (clockwise from top): The BMSN teachers were very excited to see the check and are very thankful for all that BEF does for teachers and students in BISD; Ellie Maxwell, Principal at Cibolo Creek Elementary, and Denise Praesal accepting the check; Marshay Wolff, Principal at Kendall Elementary, accepting the check; Susan Naiser presenting the check to Georgia Franks, Principal at BMMS; Richele Poston presenting the check to Dr. Jodi Spoor, Principal at Champion HS.
You’re frustrated, and so is your child. Classwork and homework by now are a daily struggle of tears and yelling. Your child is falling behind, and the school is clueless as to how to solve the problem.
attention problems such as Dyslexia and ADHD are caused by weak underlying learning skills.
You know your child is smart, but there is something holding him back. You have tried tutoring and hours of homework, but it seems like nothing has worked. So why DO smart kids struggle in school?
“My child is smart, but is terrified of reading in front of the class.”
Brain research shows these skills can significantly improve Weak underlying learning skills can be identified using a cognitive skills assessment. Once the student’s cognitive strengths and weaknesses are identified, a specialized program is developed to train those skills. Learning Foundations: 45 years of experience, now in Boerne.
Since 1969, Learning Foundations has helped struggling kids and teens break These skills such as sensory processing, free from painful and embarrassing Is it the parents’ fault? The teachers’ memory, auditory processing and labels. All programs are delivered phonemic awareness build the 1-on-1 with an experienced specialist. fault? Is she just being lazy? foundation for academic and social The real reason is that for 20% of kids success. A weakness in these skills can Free Consultations can be scheduled cause even the smartest child to struggle. by calling (210) 495-2626. in school, reading, spelling and
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Phillip Bell
& Assoc., llc
• ENERGY EFFICIENT • WATER CONSERVATION
COMING SOON! INDUSTRIAL/TECHNOLOGY/BUSINESS PARK: This 28.4 acre property is available for development. Recently annexed with Industrial zoning (I) pending, this property is ready for a professional developer to work with the City of Boerne for a most-needed industrial park. City water available. City sewer service in progress. Approx. 1400 feet of frontage on Shooting Club Road with additional access on Hwy 87 (Main Street). The property is under Ag-Exemption. 39 horse stalls, office and apartment to be removed. Contact listing agent for full details.
PRIVATE REAL ESTATE
TRANSACTIONS • FAMILY • ESTATES • COMMERCIAL • INVESTORS (210) 415-8483 – Call for Details
PHILLIP BELL
REALTOR®, GREEN/Consultant
210.415.8483 pbell@texas.net
phillipbell.net
12 AC COMMERCIAL IH-10 FRONTAGE: Twelve acres (out of 33 ac estate) with approx. 1,250 ft. frontage on IH-10 access road offered for commercial development. Can be sold as 2- 6 ac lots. Located 2 miles west of Boerne city limits in the ETJ, next to North 40 Business Park. Call for details: 210-415-8483.
It’s in My DNA!
LAND
Pre-Development 12 Ac IH-10 Access Rd in ETJ 28 Ac Hwy 87 & Shooting Club Rd Zoned "I"
pbell@texas.net
OTHER UNLiSTED COMMERCiAL PROPERTiES AVAiLABLE! 28
B oerne B usiness M onthly | December 2015
social media
RELOCATING? We can help you with that!
Call 3rd Qtr Award Winners* to Sell or Buy Real Estate!
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Jim Campbell* | (210) 838-1896 Largest Closed Volume
by Mary Elizabeth Bradford
Only 5% of executives I speak with on a weekly basis share with me that they are “happy” with their LinkedIn presence and that they regularly attract ideal job opportunities through LinkedIn. The other 95% share with me that although they may have a profile, they don’t do much with it—and frankly, that’s because they are not sure what to do with it. A question for you: What are three things you WISH LinkedIn could do for you? Please stop reading for a minute and define one to three things you wish LinkedIn could do for you. I’ll wait here … Is it: Bring you more business? Draw ideal job opportunities to you? Establish the perception of thought leadership? Scout for talent for your company? Once you define what is important to you—you can then determine how to use LI to provide you with optimum market leverage. If you want to establish thought leadership, look into WHAT you want to say to your audience—and use LI’s activity broadcasts to do it; or post using LI’s blog feature (like I do!). If you want to scout for talent, you might want to upgrade to a Premium Account and concentrate on expanding your network. You might want to explore LI’s Recruiter App for your company’s needs. If you want to energize your network you might want to first write out all of the reasons WHY that is important to you—and then develop a simple system to spend 15 minutes a week on LI to actively increase your connections. Can you define the industry, titles, geographic locations, and so on that you want to expand? This will help! If you want to expand your business you may look into LinkedIn advertising (like I do) to reach out to your ideal audience. And whether you are a passive or active job seeker, think about WHO you want to be seen by. Because if you are not in your target market’s 1st-, 2nd-, or 3rd-degree connections, they can’t “find” you when they are keyword searching for (people like) you – because you are not coming up in their search results. BBM Mary Elizabeth Bradford, CERW, MCD is an Internationally Certified Advanced Resume Writer & author of the Amazon bestseller: The Career Artisan Series: The 21st Century Resume Guide for the Perplexed (with Custom Online Resume Templates). This eBook has helped thousands of jobseekers worldwide tackle the toughest resume writing challenges - giving job seekers both word.doc templates (online link) and step by step instructions on how to easily craft a results producing resume that works in today's job market. www.maryelizabethbradford.com
Tiffany Joslin* Steven Karam* Listings Ranch Listings (210) 394-4399 (210) 414-0105
Naomi Weckesser Rene Campbell* (830) 688-0282 Under Contract (210) 542-0148
Wiley & Kathy Cloud, Brokers (830) 755-8693 | (210) 710-6601
Real Estate Office: (830) 755-8693 boernebusinessmonthly.com
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222 S. Main | Boerne, Texas
830.249.7979
www.hillcountryproperties.net
VILLAGE PARK – 111 VILLAGE PARK DR – BOERNE
Come home to a beautiful, spacious Authentic Custom design in the desirable Village Park near the heartbeat of Boerne. Gated, quiet & convenient with manicured green space tended by the homeowners’ association. Nearly 2000 sq ft of luxurious yet comfortable living space. The 1st floor contains a master suite, gourmet kitchen, formal dining & large living room with a stone fireplace. Upstairs a 2nd bedroom, full bath & extra living space creates the perfect guest spot.
MLS#1147545 | $362,000 Contact Carol Schultz – (210) 268-3691
Z 5 RANCH - 65 ACRES - KENDALL COUNTY
Prime location on Ammann Road in Boerne I.S.D. with convenient access to Boerne and San Antonio. Heavily wooded, great soils and grasses, and gently rolling terrain. Nice stock tank and fenced on two sides. Additional 60 acres available with over 600 feet of paved road frontage.
MLS #1147871 | $2,561,000 Contact Steve Bennett – (210) 287-3776
141 SHIN OAK WAY - TIERRA LINDA - GILLESPIE COUNTY
Beautiful 7 acre residential estate offering spacious living accommodations for your active family. The 3,700 sq. ft. main house has been tastefully remodeled. Hand scraped wood flooring, large game room, living room w/wood burning fireplace, large Master Bedroom w/private office, state of the art appliances, Guest House and large workshop.
MLS#1149575 | $925,000 Contact Steve Bennett – (210) 287-3776
ROMARA RIDGE - 131 ACRES - GILLESPIE COUNTY
Romara Ridge with its natural beauty accented by first class improvements & privacy is the most unique Hill Country ranch estate to hit the market in 2015. Texas ranch properties of this quality and uniqueness are special & rare. Tremendous long range views, superb privacy & exquisite improvements built with uncompromising attention to detail & finish. A diamond nestled upon a scenic ridge only minutes from downtown Fredericksburg.
MLS#1147689 | $3,395,000 Contact Steve Bennett – (210) 287-3776
Experience • Skill • Dedication
boernebusinessmonthly.com
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