Volume 8, Issue 03: September 2015
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AWAKENINGS: Music as Therapy Comes to Boerne FEAR AND REGRET LEADS TO BAD INVESTMENT DECISIONS LOCAL NEWS & INFO
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publisher LAUREN TUTTLE STUMBERG director of sales & marketing RUSTY MEADOR art direction DISTINCT MEDIA, LLC distribution manager DAVE WILD for more information 210.219.6735 BOERNE, TEXAS 78006 LAUREN@DISTINCT-GRAPHICS.COM WWW.BOERNEBUSINESSMONTHLY.COM 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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publisher's note September is here and that means it’s time to say goodbye to summer. The kiddos have headed back to school and fall will officially be here before we know it! If you’re like me, the switch from one season to the next often inspires a desire for change. New clothes, maybe a new hair color or why not go big and give your home a bit of a refresh? This month’s cover feature, Boerne Kitchens and Baths, can give your home a whole new look and feel with the remodel of your dreams. Not in the market to remodel? Maybe a fresh coat of paint would do the trick! Give their sister company, Boerne Pro Painters, a call! Check them out on page 20. We have plenty of other great articles in this month’s magazine as well! I hope you enjoy this issue of Boerne Business Monthly!
Lauren T. St umberg Publisher
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B oerne B usiness M onthly | September 2015
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September 2015 30
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contents 08: from the mayor
It’s Been a Busy Summer
10: therapy Awakenings: Music as Therapy Comes to Boerne
12: bisd news 14: money
Fear and Regret Leads to Bad Investment Decisions by Karl Eggerss
16: calendar 17: wellbeing
Has Science Found the Best Sleep Position?
20: cover feature
Boerne Kitchens and Baths & Boerne Pro Painters: Providing Artisan-Crafted Remodeling, Painting by Joe Lilli
24: giving back
Aid the Silent Hosts 1st Annual 5K Race by Denise Marcos
27: newsworthy
your SPACE 30: recipes
ADKF’s Kitchen Counter by Sydney Elliot
33: real estate news
Oil Prices Down, but Home Sales, Prices Up
34: transactions
The Strong-Arm Closing Process: No More by B. R. Randy Allen & Erica Gay
38: art
Mooney Makes Sense: Then & Now
by Dr. Michael Garcia
ON THE COVER: Mark Burns, Boerne Kitchens and Baths & Boerne Pro Painters | photo by Ron Pritchett
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from the mayor
It’s Been a Busy Summer
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So the summer has come and gone. The fall season in Boerne is always such a pleasant time as we get past the dog days of summer and begin enjoying the cooler air and the hill country colors. If you have not heard by now, the Boerne Market Days, in September and October, will be held at the Kendall County courthouse area on the other side of our Main Street. The landscaping work has been completed at Main Plaza and now we need to let the new sod get established before we have major events there. It looks so much better and we are confident that with some good rains this fall, we will be back in business for the holiday season. City staff has been working for months to expand our public art program. They even came up with a jazzy name - Art al Fresco. In the coming weeks several new pieces of public art will start appearing in Boerne’s public spaces. This is a great community based partnership showcasing visual arts in Boerne. Check out the Facebook page - Boerne Art Al Fresco. We hope to have the new amphitheater open later this fall for some sensational outdoor performances. Speaking of performances, there is still time to get season tickets for the Boerne Performing Arts series – the Ten Tenors are performing on December 17 and then the 2016 season kicks off in February with a Night at the Oscars, followed by TAO, and Pirates of Penzance in April. The shows are held at the Boerne Champion High School auditorium, which is a terrific venue for these outstanding performers. We are grateful that the Boerne Independent School District remains a Community Partner in this effort. Get more information and purchase tickets online at www.boerneperformingarts.com I had the opportunity to personally thank about forty-five Animal Shelter youth volunteers at an appreciation luncheon recently. This very successful youth volunteer program has been in place for three years and this summer we had a record number of boys and girls that spent 250 hours helping out during June and July. They learned a lot about caring for these special animals and because of their loving efforts, nearly all of the dogs and cats that were adoptable found forever homes during this time. I also want to give kudos to the Animal Shelter team, Lorrie Hockey, Chad Ensign, and Kurt Achenbach, for their leadership. I am taking this opportunity to once again thank all of the city’s boards and commissions representatives for the time and energy they give advising the city on such things as planning and zoning issues; assisting us with making sure that downtown business district property owners follow our historic district guidelines; and ensuring that our tourism marketing efforts are producing results. Others folks provide input on public housing and library services. These community volunteers are extremely helpful and we cannot express enough how much we value their time and professional input. We are also very proud that one of our city stars - Patti Behrendt, Regulatory Utilities Services Administrator for the
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B oerne B usiness M onthly | September 2015
city, was recently appointed to serve as the chair of the Texas Gas Association board of directors. Also, the Boerne city council recently recognized the city’s natural gas system crews for once again receiving a 100 percent performance rating from the Texas Municipal League for the 4th straight year, as well as receiving a Safety Achievement Award from the Texas Gas Association. So having said all of that, I know many of you wonder if we ever received word on the cause of the house explosion last February – unfortunately not; we do know that testing is still being done on some of the equipment and materials from the house. As soon as we know something conclusive from the State Fire Marshal’s Office, we will let everyone know. Did you know Boerne’s gone global? Earlier this summer we hosted eight government officials from abroad right here in Boerne. This very special group of people have now experienced the Hill Country magic and we know they will share it with lots of others. The young men and women, representing the countries of Chile, Cameroon, Democratic Republic of Congo, South Africa, Dominican Republic, Nauru, Namibia, and Zimbabwe, were participating in the US State Department International Visitors Leadership Program focused on government transparency and accountability. They visited several unique US cities, including San Antonio, and since they also wanted to visit and learn about local government issues in one of San Antonio’s suburban cities, they chose Boerne. Not only has your Boerne city council been actively engaged in the new budget for next year, a few weeks ago we also approved proceeding with a needs assessment and conceptual design for a new City hall. After going through the required request for qualifications process we have hired a professional architectural firm to help us develop a plan for a new building that can house all staff under a single roof and be a much more energy efficient work space. The current city hall on Blanco Road was built in 1910 as Boerne’s first k-12 school. In fact, the original two room school house behind city hall has also been remodeled as offices and there are three portable buildings back there too. The City Campus at Main Street and Johns Road was purchased in 2007 for a new library, which was completed in 2011, and now it is time to begin planning for the new city hall at that same location. Finally - a friendly reminder to everyone that school zones are in effect again. People should also remember that here in Boerne it is illegal to use a handheld mobile phone while driving in a school zone. So pay attention, watch out for all of those excited kids returning to school, and keep your mobile phone in your bag or pocket so you don’t get a costly ticket.
- Mayor Mike
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Music As Therapy Comes to Boerne
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Why do certain songs make us tap our feet? And why do we start singing along when we hear a familiar melody? Few things in life spur emotions more powerfully than music. Songs can evoke laughter, tears, or nostalgic feelings that transport the listener to a different place and time. Studies have even shown that music can reduce stress and create a sense of well-being. So it’s no surprise that Music Therapy is now being used in the treatment of patients with dementia and Alzheimer’s disease. Town and Country Manor, a Genesis HealthCare skilled nursing center in Boerne, along with their partner Alamo Hospice, has seen the benefits of music therapy firsthand for their residents as a result of their Music and Memory pilot program in conjunction with the Texas Department of Aging and Disability Services. “THAT SONG BRINGS BACK MEMORIES.” A recent documentary, called Alive Inside, chronicles how music can awaken deeply hidden emotions in patients suffering from various forms of dementia. In one poignant
scene, a 92-year-old man who is barely able to respond to simple questions comes to life when he hears music from his past playing through headphones. As if transformed, he begins to move rhythmically in his wheelchair, and lucidly expresses his feelings about music. When prompted, he even sings a verse of his favorite Cab Calloway song. An organization called Music & Memory has conducted research in elder care facilities
Alive Inside Photo of Producer and Alzheimer’s Client, Photo credit: Michale Rossato-Bennett, 2012
ALIVE INSIDE
Boerne Starplex Cinemas | September 24th | 4 pm – 6 pm Admission is FREE 10
B oerne B usiness M onthly | September 2015
Alive Inside Music and Memory Founder Dan Cohen with Alzheimer’s Client; Photo credit: Michael Rossato-Bennett, 2012
therapy
AWAKENINGS:
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indicating that residents exposed to music are happier and more social. There are benefits for caregivers as well — including a calmer social environment, fewer behavior management issues, and improved relationships between staff, residents, and families. Experiences like this are not uncommon. Researchers and health care professionals are discovering that when all other means of communication shut down, music still has the power to make people remember and respond. In addition, there is evidence that music therapy can slow the progress of Alzheimer’s and relieve pain. “We have seen patients that are non-verbal most of the time because dementia has robbed them of their ability to speak…when they hear a tune that they are familiar with, they Henry-Listens, Still from Alive Inside, The Story of Music and Memory, begin to sing or hum or tap their foot,” says Dr. Ben Stahl, Photo credit: Michael Rossato-Bennett, 2012 medical director at Town and Country Manor. “Our music therapy program has brought our patients joy but has also enabled us to reduce our use of Alamo Hospice Hill Country is one antipsychotic medication with these patients.” of seven locations throughout four states, SO WHY IS MUSIC SO THERAPEUTIC? joining Hospice Partners of America in 2010. Even for those suffering from dementia, recognizable melodies can reach parts of the brain The Hill Country location operates under the that haven’t been damaged by the disease. For instance, memories of your mother singing to direction of one of Alamo’s original coyou as a baby, or a melody you learned to play on an instrument at a young age, are stored founders, Erin Hicks, RN, BSN, CHPN. forever in a specific part of your brain. The right musical cue can trigger the emotional More at http://www.alamohospice.com and response that restores those memories. http://www.hospicepartners.com BBM A love of music never dies. It is something people can continue to appreciate long after The article is brought to you by Town and Country they’ve retired, or when physical limitations prevent them from enjoying other activities. Manor, a skilled nursing center specializing in short-term Town and Country Manor and Alamo Hospice will sponsor a free showing of Alive Inside rehabilitation, long-term care and memory care services, Alamo Hospice. For more information, please call on September 24th at Boerne Starplex Cinemas at 4:00 p.m. A question and answer session and the Town and Country Manor at 830-249-3085 or with Dr. Ben Stahl will follow the showing. Doors open at 3:30 pm and popcorn will be visit townandcountryboerne.com. Also, please watch. A Story of Hope” on You Tube https:// provided. Reserve your seats today by calling Alamo Hospice at (830) 816-5024 or Town and “Antipsychotics: www.youtube.com/watch?v=CDPdYiktke0. Country Manor at (830) 249-3085. Copyright Genesis HealthCare 2015. boernebusinessmonthly.com
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bisd news
BOERNE NAMED TOP TEXAS TOWN WITH BEST PUBLIC SCHOOLS
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Boerne, Texas, tops the list of Texas towns with the best public schools, according to a recently released report by the Niche education analysis group. In a companion report, Niche ranks Boerne 15th nationally among towns with the best public schools. Results of the report are based on the Niche School Grades received by local schools nationally and statewide. According to Niche, “a high ranking indicates the town has great local schools with invested teachers, positive student outcomes, and high ratings from students and parents.” Boerne ISD schools receive high marks in the report for student achievement in math proficiency, reading proficiency and graduation rates. The district is also commended for its fiscal position, noting that spending per student outpaces both state and San Antonio-area levels. The district’s emphasis on quality teaching is reflected in part in an average teacher salary of $49,500, well above the national average by more than $3,000. “We have been consistent in our message that public education is a priority for the citizens of Boerne, Fair Oaks Ranch and the surrounding community,” said superintendent David Stelmazewski. “Validation of this coming in the form of this report should make our entire community proud. Experts have indicated that Boerne ISD is a destination district and the Niche report would seem to bear that out. “Obviously, I am pleased any time student achievement receives the kind of recognition we see here. I am equally pleased that the report indicates our business operations – our stewardship of tax dollars – plays a key role in the
CHAMPION HIGH SCHOOL NAMED TO NEWSWEEK LIST
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For the second consecutive year, Boerne Samuel V. Champion High School has been named among the top 500 public high schools in the country by Newsweek magazine. “America’s Top High Schools 2015” ranks Champion High School 414th on its list. The magazine reviewed data from more than 16,000 schools across the nation in developing a short list of 4,800. The top 500 schools were evaluated based on criteria that included students’ college readiness, graduation rates and other factors. The study was based on the 2012-13 academic year, the most recent year data is available from the National Center for Educational Statistics database. “We are honored, of course, to have one of our schools recognized in this way,” said Boerne ISD superintendent David Stelmazewski. “We don’t take this level of recognition for granted, understanding that it represents a great deal of dedicated work on the part of teachers, students and supportive families throughout our district. It is true that a majority of the high school students whose results were part of this study moved up through our elementary and middle schools. So this is great news to start the school year and we are proud of our students and their teachers.” Champion is among 30 Texas schools on the Newsweek list; others include Highland Park, Southlake Carroll, Westlake and Alamo Heights. Full results of the study are available online at http://www.newsweek.com/high-schools/ americas-top-schools-2015.
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success of the district and the overall standing of our schools in our community.” The Niche database contains records for 4,280 towns, according to its website. Of the towns that met the required qualifications for inclusion in this report, Niche graded 3,964 and ranked 2,550. Within Texas, nearby communities of Kerrville, Fredericksburg and Canyon Lake were among the top 10. Among the nationally ranked towns, Boerne shared top 15 standing with noteworthy, university-based communities like Hanover, NH; West Lafayette, IN; Palo Alto, CA; Chapel Hill, NC; Auburn, AL; and State College, PA. Founded in 2002, Niche focuses its surveys on neighborhoods, colleges and K-12 education. The full list of ranked schools and details on the reporting methodology can be found at k12.niche.com/ rankings.
BOERNE ISD AGAIN ACHIEVES TOP FINANCIAL INTEGRITY RATING
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For the fifth consecutive year, Boerne Independent School District has received the highest possible designation for its financial accountability and management practices from the Texas Education Agency, according to information released by the agency August 7. Under its Financial Integrity Rating System of Texas (FIRST), the TEA has designated Boerne ISD as a top-rated district, based on data from the 2013-14 fiscal year. The TEA reviews 20 financial indicators in evaluating a district’s fiscal management practices. “We don’t take this for granted and I am always pleased that the district has received the highest possible rating,” said Boerne ISD superintendent David Stelmazewski. “As I have said in the past, both as superintendent and as a taxpayer, I would expect nothing less. Our finance team is fully committed to integrity and solid fiscal management. The TEA’s rating is affirmation of that.”
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BISD SCHOOLS EARN TOP STATE RATINGS
All Boerne ISD schools earned the top designation in 2015 accountability ratings released by the Texas Education Agency earlier this month. All nine campuses and the district earned the Met Standard rating, according to a report shared with the Boerne ISD Board of Trustees at its August 17 regular meeting. Schools and districts across the state are evaluated by TEA based on four indexes that measure a broad and comprehensive set of performance criteria. Those include: • Student Achievement, a snapshot of performance across subjects. • Student Progress, which separates measures of student progress (growth) from student achievement to provide an opportunity for diverse campuses to show the improvements they are making independent of overall achievement levels. • Closing Performance Gaps, which emphasizes academic achievement of the economically disadvantaged student group and the two lowest performing race/ethnicity student groups at each campus and district. • Postsecondary Readiness, which includes measures of high school completion and STAAR performance at the postsecondary readiness standard. This index emphasizes the importance of attaining a high school diploma that prepares students with the foundation necessary for success in college, the workforce, job training programs, or the military.
Additionally, five schools in the district earned Campus Distinction Designations in specific areas of measurement. Those designations measure performance in specific subject areas, such as science or reading/English language arts, as well as performance in the areas covered by the indexes above. Middle School North earned five designations while Champion High School earned two. Boerne High School, Middle School South and Fabra Elementary each earned one designation. “We are proud of our students for their collective performance, which produces these kinds of results,” said Boerne ISD superintendent David Stelmazewski. “We also commend our teachers and our families, who place a priority on education and seeing to it that our students are equipped to achieve success both during their time in BISD schools and after they graduate. “These ratings are not the only measure of the successes and achievements of our students. But they are another indicator of the district’s success and validation that we are moving together in the right direction to fulfill our mission, that of educating the children of our community and preparing them for a future of success.” Detailed information on state accountability, including the district’s report to the board of trustees, is available at www.boerne-isd.net/accountability. BBM
boernebusinessmonthly.com
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money
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by Karl Eggerss
August was a tremendously volatile month for the stock market. In fact, we’ve recently seen the biggest drop since 2011, and investor emotions have been running high. After all, folks have become accustomed to very little market movement in the past few years, so reactions to last month’s events have been intense. What investors might be surprised to know is that history shows the average drop for the S&P 500 in any given year is over 14%. In other words, for those that invest in stocks, volatility should be expected at some point in the year as selloffs are a natural occurrence. It’s just the speed of the recent selloff combined with the sharp swings that have led to a high amount of anxiety. Unfortunately, this type of emotional reaction can lead to bad decisions by investors under these circumstances. To be successful long-term investors, we must check our emotions at the door. Making investing decisions based on feelings like fear and regret almost always leads to poor results and it takes great restraint and self control to stand strong through market turbulence. If we all think back to decisions we’ve made in our lives based purely on emotion, I’m willing to bet most of us can say the results weren’t favorable. Fear, a feeling of intense uncertainty, can sometimes overwhelm the investor. While regret, a feeling of shame, embarrassment, or guilt after a past decision gone wrong, can be equally as detrimental. People who find themselves wishing they had done something differently in a past investment situation often use that incident to shape how they handle a current event, even though the circumstances surrounding each event might be completely different. Fear and regret are natural reactions when our portfolio value is changing at a fast pace, but it’s what we do to balance emotion with reason during those times that can have a big impact going forward. Selling stocks from fear after they’ve fallen dramatically sometimes produces a feeling of relief as if we’ve “stopped the bleeding”. But, so many times investors find themselves buying back at a higher price after the stock’s recovered due to feelings of regret. The obvious fact remains
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that whenever we sell, both the timing of that sell and the timing of the subsequent buy have to be right. The point is that human emotions are powerful and when we don’t exercise control over them as investors, we often have unwanted consequences. Jason Zweig wrote a white paper several years ago describing how a devastating historical event produced fear that led to bad decisions. The most terrible devastation wrought by Chernobyl (1986 nuclear plant explosion in the Ukraine), did not come out of its nuclear reactors. Instead, it came from the human mind. As panicky business owners fled the area, unemployment and poverty soared. Anxiety, depression, alcoholism, and suicide ran rampant among the residents who could not afford to leave. Fearing that their unborn babies had been poisoned, expectant mothers had more than 100,000 unnecessary abortions. The damage from the radiation was dwarfed by the damage from the fear of radiation, as imaginary terrors led to real tragedies on a massive scale. While I am not suggesting the scale of current events is equal to that of the above tragedy, it is a case in point that emotional reactions can sometimes cause more catastrophe than the actual
catastrophe itself. This level of self control is undoubtedly a challenge. Investors today have experienced two bear markets of nearly 50% in the last 15 years and they don’t want to get caught holding stocks in another one. Therefore, they are quicker to sell when there’s any sign of market weakness in order to prevent future regret. Likewise, regret isn’t just a factor when we wish we had sold earlier. It can also come into play by wishing we had purchased “that stock” when it was lower. So, what’s an emotional investor to do? First and foremost, we recommend coming up with a strategy for your overall portfolio. Every investor wants a good return with low risk and a lot of liquidity. Unfortunately, we haven’t found any investments to date that have all three of those desired characteristics. Therefore, it’s imperative that investors put together a portfolio that blends these elements. Next, run several stress tests on your strategy. In other words, go back in history and see how the portfolio would have reacted to various circumstances during certain times. How would your portfolio have fared during a time when the stock market fell 10%? How would your portfolio have done when the stock market went up by 20%? More specifically, how would your portfolio have held up when interest rates went up to 4% on a 10-year treasury? This is the type of hard work that needs to be done first when crafting a long-term portfolio. Lastly, know that even the most thought out, well-built portfolios will test you at times. But, if you find yourself tempted to make a decision based on fear or regret, we ultimately suggest simply finding a way to slow your mind down (take a break, exercise, stop watching it all day long, etc.) This allows you time to make more rational decisions not based purely on emotion. In addition, keeping a trading/investment journal is a great way to document your feelings and actions in certain investment climates and can help you better understand how to practice self-control. BBM In 2010, Karl established Eggerss Capital Management, his own registered investment advisory firm dedicated to providing clients with superior financial counsel in the changing economy. His market insight and cutting edge strategies help fulfill the mission of Eggerss Capital to help clients be protected and profitable in the face of a rapidly changing market. For more information on Eggerss Capital Management visit www.eggersscapital. com. 114 E. Highland Street, Boerne | 210.526.0057
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At Sonora Bank, service comes with a smile, handshake and sound financial advice. Just like the advice of Texas A&M University’s noted economist Dr. Mark Dotzour. Join us Wednesday, October 7, 2015, from 7:30 to 10:00 am, to be entertained and enlightened as Mark shares his business and economic insight with“The Economic Outlook for Investors and Business Decision Makers.” Call 830.331.9118 or visit our websites for event reservations and ticket pricing.
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September 2015 CALENDAR OF EVENTS SEPTEMBER 3 GREATER BOERNE CHAMBER OF COMMERCE RIBBON CUTTING CEREMONY FOR WERKPLAATS/VENTURE POINT 1:30pm to 2:00pm 22211 IH 10 W., Ste. 1206 – San Antonio SEPTEMBER 4-6 KENDALL COUNTY FAIR AND RODEO Kendall County Fair Grounds 1307 River Road – Boerne The Kendall County Fair supplies home grown fun in a Carnival, Rodeo, Parade and Livestock Show as well as Homestead Heritage Exhibits. It also supplies multitudes of food booths, craft booths, live music, clowns, children’s activities and much more. Each evening is capped with a dance with a variety of bands and dance music. Visit kcfa.org for more info. SEPTEMBER 5 THE FARMERS MARKET AT THE CIBOLO 10:00am to 2:00pm | 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.
PUBLIC HEARING ON PROPOSED 2015-2016 CITY BUDGET 6:00pm to 6:30pm | City Council Chambers 124 Old San Antonio Road – Boerne
CONCERT IN THE CAVE- AXIOM QUARTET 7:30pm | 325 Kreutzberg Road – Boerne Axiom Quartet, a dynamic and exciting music group, performs again at the cave. Experience the fabulous throne room acoustics explored by the classical string quartet presenting a mix of classical, modern, and pop music composed by Grieg, Ravel, Bernstein, Albinoni, and others. SEPTEMBER 7 LABOR DAY SEPTEMBER 8 CITY COUNCIL MEETING 6:00pm to 8:00pm | City Council Chambers 124 Old San Antonio Road – Boerne
SEPTEMBER 10 GROUND BREAKING FOR THRIVE EARLY LEARNING ACADEMY 11:30am to 12:00pm | 28 A Sisterdale Rd. – Boerne GREATER BOERNE CHAMBER OF COMMERCE BUSINESS AFTER HOURS MIXER SPONSORED BY JAVELINA HARLEY DAVIDSON 5:00pm to 7:00pm 29078 IH 10 West – Boerne SEPTEMBER 12 THE FARMERS MARKET AT THE CIBOLO 10:00am to 2:00pm | Herff Farm 33 Herff Rd. – Boerne continued on page 19
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B oerne B usiness M onthly | September 2015
wellbeing
Has Science Found the Best Sleep Position?
I
by Dr. Michael Garcia
If you ask anyone in your community about sleeping position you may get more than one answer. While science has not proven yet which position is better, there are new studies that support side sleeping. There are plenty of infographics out there such as this one from the Wall Street Journal: I have made recommendations for a long time that sleeping on your back is best, followed by side sleeping. Biomechanically and physiologically it made sense to put the spine in a neutral position for optimal spinal correction. THEORIES MADE USING SLEEPING RATS…. The Journal of Neuroscience (August, 2015) published a study where they sedated rats and mice then gave them a contrast MRI after death. The scientists were looking at the body’s glymphatic pathway which is the “plumbing system” for the brain. A few things were found: 1. Side sleeping was found to remove waste more effectively. 2. Sleeping on the stomach was the least efficient at waste removal. 3. When the plumbing system does not work properly it builds up with waste.
4. Built up metabolic waste has been linked to many neurological diseases such as Alzheimers and dementia. WHAT’S THE BIG FUSS WITH SLEEP POSITION? Side sleeping is the most common position for most animals and humans. Scientists have suggested that side sleeping is most neutral for the spinal cord, nerves and blood vessels. Specifically, the autonomic nervous system that controls breathing, digestion and heart function can be compressed. A compressed nerve and vessel system can lead to a sluggish plumbing system in the brain during sleep. WHAT IS THE VERDICT ON SLEEP POSITION FOR ME? There is a big difference in spinal anatomy in mice and people so we have to wait until further studies come out. For now, it would be best to sleep on your side unless you have issues with your health. The diagram above can help find a comfortable position if side sleeping is not ideal. Here’s to a clear mind and brain in the morning!BBM Michael A. Garcia, D.C. Boerne Wellness Chiropractic 115 Hwy. 46 W. | Boerne (830) 249-8900 boernewellnesschiropractic.com
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B oerne B usiness M onthly | September 2015
Open now!
SEPTEMBER CALENDAR OF EVENTS | cont’d SEPTEMBER 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! NFL PUNT, PASS AND KICK COMPETITION 10:00am to 1:00pm 266 N. Main Street – Boerne (on the BISD Athletic Field) NFL PP&K, the oldest grassroots initiative at the NFL, continues to reach children ages 6-15 and allows them to experience the fun of learning football fundamentals in an engaging and supportive non-contact environment. Free event. www.ci.boerne.tx.us for more information. SEPTEMBER 12-13 BOERNE MARKET DAYS 10:00am to 5:00pm | Kendall County Court House 201 E. San Antonio Ave. – Boerne Great shopping in an outdoor setting. SEPTEMBER 13 110 HEB BIKE FEST 7:30am | Start at Boerne High School 1 Greyhound Lane – Boerne Help celebrate H-E-B’s 110th Anniversary and join them for the inaugural H-E-B Bike Fest Texas as they ride through the scenic ‘heart’ of Texas. www.bikefesttexas.com for more info. SEPTEMBER 14 KENDALL COUNTY COMMISSIONERS COURT 9:00am to 11:00am | Kendall County Courthouse 201 E. San Antonio Ave. – Boerne
S pecialty Care
124 East Bandera Road Suite 406 B o e r n e , Te x a s 7 8 0 0 6 830-428-0090
Meet Boerne’s newest specialists! Jamie Hogan RN, CNM Certified Nurse Midwife
Annette Jones RN, CNM Certified Nurse Midwife
Niessa Meier RN, CNM Certified Nurse Midwife
SEPTEMBER 15 SPECIAL CITY COUNCIL MEETING TO ADOPT 2015-2016 BUDGET 5:15pm to 5:30pm | City Council Chambers 124 Old San Antonio Road – Boerne
Clint Morris, MD Orthopedic Surgeon
SEPTEMBER 17 2015 BOERNE WATER FORUM: CREATING OUR WATER FUTURE: TURNING PROMISE INTO PRACTICE 11:00am to 1:30pm | Boerne Civic Center 820 Adler Road – Boerne $40/members and $45/future members
Sylvester Ramirez, MD Otolaryngology (Ear, Nose & Throat)
SEPTEMBER 19 THE FARMERS MARKET AT THE CIBOLO 10:00am to 2:00pm | Herff Farm 33 Herff Road – Boerne SEPTEMBER 19 FALL EQUINOX CELEBRATION CIRCLE IN THE CAVE WITH RUDI HARST 7:00pm | 325 Kreutzberg Rd. – Boerne Join the Cave with out a Name for this ever
Michael Rensch, MD Gastroenterologist
Award Winning Specialty Care
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continued on page 23
boernebusinessmonthly.com
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cover feature
T Providing Artisan-Crafted Remodeling, Painting
T
Two essential criteria of a good remodeler are the quality and craftsmanship of his construction, and having satisfied clients. Mark Burns, owner of Boerne Kitchens and Baths, meets both criteria with high marks of excellence. Here’s what a few of Burns’ clients – listed on www.houzz.com – had to say about his work: “Mark provided a creativity I could not have imagined! NO ONE has a cooler powder room.” “Mark Burns and his crew did an amazing job with my remodel.
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B oerne B usiness M onthly | September 2015
INTERIOR AND EXTERIOR PAINTING
DRYWALL REPAIRS AND TEXTURING by Joe Lilli 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
He listened to my vision of my kitchen and master bath and brought LL JOE @ 210-803-2463 it toCCAAlife.” LL MARK @ 830-446-1506 “We liked the professional work and character of Boerne Kitchens and Baths so much that we also had his team finish out an outdoor COMMERCIAL kitchen A Nfor D R my E S I Dfamily.” ENTIAL AMONG THE TOP U.S. REMODELERS A former home builder, Burns switched to remodeling a few years after the housing market collapsed in 2008/2009. It was a wise move.
photo by Ron Pritchett
These technologies and trends run the gamut from water saving technology to LED lighting – all designed to give his clients the best and latest money-saving products. In the bathrooms, for instance, he introduces his clients to advanced shower systems or special humidity sensors that automatically turn on quiet, highly efficient ventilators when humidity levels rise. “If you read my reviews, a lot of people talk about how I was able to give them more innovative ideas than other remodelers were doing. My creative designs and innovative product selections set me apart. I don’t want people to believe they have to go to Austin or San Antonio to get quality and innovation. They can get that locally with Boerne Kitchens and Baths,” he adds. Another thing his clients say differentiates Burns from other remodelers is his 3-D computer rendering of their project. Clients don’t have to rely on their imagination to see how their new kitchen or bathroom will look. They can easily understand what the space will look and feel like when completed. And if the look and feel doesn’t suit them, they can easily make revisions before spending a dime. CLIENTS SHOWN BEST OPTIONS “I’m not the type of remodeler who says, ‘Tell me what you want and I’ll build it.’ I’ve discovered that most people don’t necessarily know exactly what they want. Nor do they know what’s available out there without doing a tremendous amount of research,” Burns says. “I try to make my customers aware of what all their options are so they can make a more continued on page 22
after
With many aging homes in Boerne, Fair Oaks, and other areas, Boerne Kitchens and Baths has seen a surge in business from homeowners needing home improvements. As a result, Remodeling magazine recently recognized Burns as one of the Top 550 remodelers in the U.S. based on his 2014 sales volume. When Burns started Boerne Kitchens and Baths two-and-a-half years ago, he decided to specialize in kitchens and baths. His reason was simple. “I have lots of good, innovative ideas about kitchen and bath remodeling that I want to bring to my clients, such as current technologies and trends that people aren’t going to see just anywhere.”
before boernebusinessmonthly.com
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continued from page 21
educated decision. When you go to most builders, they’ll likely ask you if you want option A, B, C or D. I give them option A to triple Z. The options are limited only by their budget. “For example, I may introduce them to an induction cooktop. This is not your standard electric or gas cooktop, but a magnetic cooktop. So I show them options they probably won’t see with another remodeler,” he adds. To help his clients decide on the best options, he takes them to various professional showrooms. There he uses his experience, knowledge, and expertise to show them products that not only have aesthetic appeal and outstanding quality, but also fall within their budget. Burns is a hands-on remodeler. Although he has a construction superintendent who oversees the day-to-day construction, Burns makes it a point to visit and personally inspect each project almost daily throughout the process to ensure that it’s being
done according to the highest standards. Burns is proud of his team of remodeling professionals. They, too, are sticklers for quality, meticulous detail, and old world craftsmanship. “And everyone who works for me knows that we provide the same exceptional service to everyone – regardless of the size of their home or the size of their project. Our goal is to deliver the best service, the best value to every client,” Burns declares. BOERNE PRO PAINTERS Burns recently opened a new and complimentary business – Boerne Pro Painters. He realized that while most remodeling projects call for painting, when clients asked him to paint other rooms or even the exterior, he always referred them to someone else. “But recently I had the opportunity to hire a painter with more than 30 years experience, Joe Niera. It just made good business sense to begin Boerne Pro Painters because painting is involved
after
in every job we do and it enables me to better serve my clients who need other areas of their home painted,” he explains. Boerne Pro Painters handles both interior/exterior painting for residences and commercial establishments. They also do interior drywall and texturing repairs, exterior repairs, including the fascia and soffit, and staining, refinishing, and repairs for decks. “Joe and his paint crew have lots of painting experience. They know what needs to be done to prolong the appearance and beauty of homes, especially front doors, which can be a problem here in our harsh environment. And they know how to make a paint job last longer, thus providing more value for the money spent,” he says. Burns notes that Boerne Pro Painters is local. “And we’re very responsive. We had a client in Mountain Home, about 13 miles past Kerrville, who couldn’t get any San Antonio painters to come to her home. We didn’t consider the long drive a burden. We’re eager to serve anyone who calls us.” Boerne Kitchens and Baths and Boerne Pro Painters serves Boerne and the surrounding area, including Bulverde, The Dominion, Cordillera Ranch, Tapatio Springs, Fair Oaks Ranch, Comfort, Shavano Park, Village Green, Northwest San Antonio, Castle Hills, and Scenic Oaks. For more information regarding quality remodeling or painting, call Burns at 830-446-1506. BBM
before
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B oerne B usiness M onthly | September 2015
SEPTEMBER CALENDAR OF EVENTS | cont’d popular and regular event in the Throne Room of the Cave. $25 in advance/$30 at the door SEPTEMBER 22 GREATER BOERNE CHAMBER OF COMMERCE RIBBON CUTTING FOR COLDWELL BANKER D'ANN HARPER, REALTORS 4:00pm to 5:00pm | 1677 River Rd – Boerne CITY COUNCIL MEETING 6:00pm to 8:00pm | City Council Chambers 124 Old San Antonio Road – Boerne SEPTEMBER 23 FIRST DAY OF AUTUMN SEPTEMBER 24 GREATER BOERNE CHAMBER OF COMMERCE RIBBON CUTTING FOR COW CREEK TAXIDERMY & GAME PROCESSING 11:30am to 12:00pm | 113 Ernst Road – Boerne GREATER BOERNE CHAMBER OF COMMERCE BUSINESS AFTER HOURS MIXER SPONSORED BY BOERNE PERFORMING ARTS & MORNINGSIDE MINISTRIES AT MENGER SPRINGS 5:00pm to 7:00pm | 1100 Grand Blvd. – Boerne,
THE DODGING DUCK BREWHAUS 402 River Road - Boerne, Texas 78006 (830) 248-3825
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SEPTEMBER 25 GREATER BOERNE CHAMBER OF COMMERCE NEW MEMBER ORIENTATION SPONSORED BY EGGERSS CAPITAL MANAGEMENT 8:00am to 10:00am | Chamber Boardroom 121 South Main – Boerne SEPTEMBER 26 THE FARMERS MARKET AT THE CIBOLO 10:00am to 2:00pm | Herff Farm 33 Herff Road – Boerne MOONDANCE CONCERTS AT THE CIBOLO NATURE CENTER 7:30pm to 10:30pm | Cibolo Nature Center 140 City Park Road – Boerne Bring chairs, blankets, picnics to the fun and casual event! The gates open at 7 p.m. $10, Seniors (65+) $5, Members $7.50, Kids under 12 free. SEPTEMBER 30 GREATER BOERNE CHAMBER OF COMMERCE NETWORKING BREAKFAST SPONOSORED BY PETERSON REGIONAL MEDICAL CENTER 7:00am to 9:00am | Cypress Grille 170 S. Main – Boerne RSVP required; $35 for Chamber Members Future Members $40 BBM
Add an Important Item to Your Back-to-school List.
For parents, back-to-school season means it’s time to stock up on school supplies. But it can also be a good time to think about how to save for your child’s future education. Developing a strategy for achieving your education savings goal – or other savings goals – can help you stay on track.
To learn more about your education savings options, call or visit today. 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
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giving back
LOCAL NONPROFIT HOSTS 1ST ANNUAL 5K RACE
D
Aid the Silent Seeks to Raise Funds for Deaf Community
Did you know that dozens of deaf and hard-ofhearing children and teens across the globe are not excelling to their full potential? In the United States, health insurances do not consider hearing loss a disability therefore allowing little access to the necessary resources for the deaf community to function to the best of their ability. Boerne native and Miss San Antonio 2015 Emma Faye Rudkin set out to change that. And in January, Aid the Silent (ATS), a nonprofit for the deaf and hard-of-hearing, was created to help thousands around the world find information about
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B oerne B usiness M onthly | September 2015
by Denise Marcos living in today’s society as a deaf individual, to learn about Jesus’ Word, and to inspire people to embrace their differences. This fall, ATS is hosting its first annual 5K race at Boerne City Lake Park November 7, 2015 to help those in need. Proceeds collected from the race will go into financially assisting economically-disadvantaged deaf or hard-of-hearing children/teens through ministry-related activities, sponsorship programs, research funding, hearing products and speech resources. “When we were thinking of a ways to fundraise for Aid the Silent we wanted to do something that would involve the entire community,” Rudkin said. “The 5K is a great way to bring awareness about the deaf community and a way to raise the necessary funds that we need in order to provide them with these resources.” You don’t have to be a runner to participate. Ryan Proudfoot Non-runners, walkers and outdoor enthusiasts are encouraged to sign up to support the cause. Registration is free to anyone with a cochlear implant, hearing aid or is a non-verbal deaf. Regular registration is $30 and $40 on the day of the race. To kick off the event, singer/songwriter and local recording artist, Ryan Proudfoot will perform the national anthem with the live acoustic concert starting at 12 p.m. Photo opportunities and entertainment by Rudkin will immediately follow race. The entire park is reserved for participants and their families until 6.p.m. Runners are encouraged to stick around for the day and visit the Market @ the Lake where local vendors will offer services, information, crafts and gadgets and area food trucks will serve up their most popular treats. For more information on becoming a sponsor, market vendor or running the race, visit www.aidthesilent.com. BBM
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• Access to premium training programs, including Boot Camp, Zumba and MMA. • Participation in small group classes, including Cardio Core, Barre, Pilates and Yoga.
WHY ATHLETIC REPUBLIC? We’re a Family. We genuinely care about you and we will push you to do more than your best. Amazing Team. Our knowledgeable and friendly team of professional trainers is always willing to help.
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B oerne B usiness M onthly | September 2015
newsworthy
ANIMAL SHELTER STUDENT VOLUNTEER PROGRAM HAD RECORD PARTICIPATION
T D
The student volunteer program at the Boerne Animal Shelter had record participation this summer with over sixty young people spending about 250 hours helping out during June and July. Because of their loving efforts, all of the adoptable cats and dogs found forever homes during June and July. Mayor Mike Schultz and the Animal Shelter staff, Lorrie Hockey, Chad Ensign, and Kurt Achenback, presented certificates at the annual volunteer thank you luncheon.
HILL COUNTRY TOASTMASTERS
Do you want to become a confident public speaker and strong leader? If so, Toastmasters is the place for you. You’ll find a supportive learnby-doing environment that allows you to achieve your goals at your own pace. Every day, thousands of people go to Toastmasters meetings held within communities and organizations around the world. A club meeting isn’t set up like classroom. Instead, it’s a supportive group environment where people with diverse skill sets and backgrounds come together to practice their skills and exchange valuable feedback. Toastmasters offers a proven education program that is divided into two tracks: Communication and Leadership. The program allows you to choose one track or both, and each features a series of projects that can be completed at your own pace. You also have the flexibility to work through each track separately or both at the same time, and you can repeat a track as often as you wish. Once you become a member, you can get started right away. This club meets every Thursday at 7am at Kronkonsky Place, 17 Old San Antonio Rd, Boerne. Contact Denise - dciardello@gmail.com - for more information. BBM
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During the Month of September! photos (clockwise from top left): Club President, Katrina Kite, is presenting Dale Adams with his award for his successful completion of the Competent Leadership manual; Club President, Katrina Kite, is presenting Kenny Myers his Toastmasters pin following his first speech to the club; Donald Savoie receiving with his award for his successful completion of the Competent Communicator manual from Andrew Voiles.
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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
COMMERCIAL AND RESIDENTIAL www.BoerneKitchensandBaths.com 830-446-1506
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B oerne B usiness M onthly | September 2015
your S PAC E
at home or at wor k... love the space you’re in!
THIS SECTION: recipes |
ADKF’s Kitchen Counter
real estate news | Oil Prices Down, But Home Sales Prices Up
transactions | The Strong-Arm Closing Process: No More
art | Mooney Makes Sense: Then and Now boernebusinessmonthly.com
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recipes |
ADKF’s
Kitchen Counter by Sydney Elliot
When you think of accountants, you may not think gourmet cook or Top Chef contestant. But at Akin, Doherty, Klein & Feuge, P.C., we know taxes, we know audits, and we know everything in between. We also know food. This month we have decided to share some of our ADKF favorite recipes.
Sydney’s Ice Cream Sandwich Cake
AN EASY TWIST ON A TRADITIONAL ICE CREAM CAKE Ingredients: • 1 – 2 boxes of ice cream sandwiches (Depending on how big you want your cake to be) • 1 large tub of Cool Whip • Chocolate syrup • Caramel syrup • 1 large plate/platter Directions: • Spread a small amount of Cool Whip on the plate the size area you wish to make your cake base (this will make it easier to serve pieces once they’ve been cut). • Put down first layer of ice cream sandwiches, arrange in a rectangle or square. • Spread a thin layer of Cool Whip on top of the sandwiches. • Continue to stack sandwiches and Cool Whip until you reach your desired height. • “Ice” the cake in the rest of the Cool Whip, covering the top and all the sides. • Drizzle the cake with chocolate syrup and/or caramel (can also top
with berries, etc.) • Put the cake in the freezer for 30+ minutes to harden, then cut and serve.
Rowena’s Texas Caviar
PERFECT FOR A PARTY, SERVE WITH TORTILLA OR CORN CHIPS Ingredients: • 10 oz. frozen corn • 1 can black beans, drained and rinsed • 1 can black eyed peas, drained and rinsed • 1/2 cup red bell pepper, diced • 1/2 cup green bell pepper, diced • 1 cup chopped celery • 3/4 cup chopped green onion • 1 cup chopped white onion • 3/4 cup apple cider vinegar • 3/4 cup olive oil • 1 cup sugar • Salt and pepper Directions: • In a large bowl, mix together everything except the oil, vinegar and sugar. • Add the vinegar, oil and sugar to a medium saucepan and bring it to a boil. Remove from heat and let it cool. • Add cooled oil/vinegar mixture to the chopped veggies; stir until everything is well coated. • Cover and refrigerate overnight. • Best served with scoop-able chips.
Mindy’s Christmas Crack
NOT JUST FOR CHRISTMAS – WE LOVE IT AFTER TAX SEASON! Ingredients: • 1 Sleeve Saltine Crackers
• 1 Cup of Brown Sugar • 1 Cup of Butter • 1 Package of Semi-Sweet Chocolate Morsels • 1/3 Package of Toffee Chips • Sea Salt (Optional) Directions: • Preheat oven to 350 degrees. • Line a 10” X 15” cookie sheet that has raised edges with aluminum foil. • Cover the cookie sheet with a single layer of saltine crackers. • Bring the brown sugar and butter to a boil, stirring frequently until the mixture thickens. • Pour the mixture over the saltines as evenly as possible. • Bake for 10 minutes. • Immediately upon removing the crackers from the oven, sprinkle the chocolate chips evenly over the crackers, then the toffee chips, and sea salt if desired. • Let the candy harden on the counter top or in the refrigerator. • When it hardens, break it up into small pieces and enjoy!
Susan’s Grandmother’s Icing
USE ON CAKES, CUPCAKES, AND MORE! Ingredients: • 1/2 cup margarine • 1/2 cup shortening • 3/4 cup luke warm milk • 1 cup sugar
Directions: • Heat milk on stove on med-low until warm to the touch • Cream together margarine and shortening • Gradually add the milk and sugar, alternating between each • After each addition of milk or sugar, continue beating until the icing becomes fluffy (the key is patience when adding the milk and sugar, the more you beat in between the fluffier it will become).
Lisa’s Spicy Pretzels
PERFECT FOR WATCHING THE GAME OR DURING A PARTY Ingredients: • 1 bag (13oz to 16oz) Pretzel Twists • 1 pkg (1oz) Ranch Salad Dressing Mix • 1/2 stick butter or margarine • Red Pepper Flakes Directions: • Preheat oven to 350°. • Pour bag of pretzels onto cookie sheet. • Melt butter in microwave and drizzle over pretzels. • Sprinkle Ranch Mix evenly over pretzels. • Add Red Pepper Flakes to your liking. • Toast pretzels in oven for 10 minutes. BBM
TO SEE MORE RECIPES VISIT OUR WEBSITE WWW.ADKF.COM/CATEGORY/RESOURCES/CPA-INSIGHTS/ AND BE SURE TO LEAVE A COMMENT ABOUT WHAT YOUR FAVORITE RECIPE WAS! Sydney Elliot is the Director of Marketing for Akin, Doherty, Klein & Feugue, P.C. Although she hails from Illinois, the Lone Star State stole her heart and after more than 5 years of calling Texas home, she has no intentions of leaving.
Boerne (830) 249-3955
leon springs (210) 698-8100 boernebusinessmonthly.com
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4th Annual Turkey Trot BOERNE FAMILY YMCA
NOVEMBER 21, 2015 RACE STARTS AT 8AM AT BOERNE CITY PLAZA
100 North Main Street – Boerne, Texas 78006
5k & 10k • Fun Trail Walk
• Free Youth Race
First 600 participants guaranteed long-sleeve tech shirt!
RELAX. UNWIND. GET A MASSAGE.
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830.249.3006 | 210.414.8616 |
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deep tissue | hot stone | therapeutic aroma therapy/essential oils
office cell
Bailey Tuttle is a licensed massage therapist and owner of Boerne Bodyworks and Massage.
107 S hooting C lub R d . B oerne , T exas 78006
H Ranch Roads H Chip Seal H Land Clearing
|
H Stock Tanks H Septic Systems H Fencing
210.248.6165
H Arenas H Metal Buildings H Barns
B oerne B usiness M onthly | September 2015
to schedule an appointment Located inside of Barbie’s Salon & Spa 725 N. Main – Boerne
Serving our Friends and Neighbors of the Hill Country Since 1916
Oil Prices Down, But Home Sales, Prices Up
T
Texas home prices hit an all-time high in second quarter 2015, while sales remained strong, according to the Texas Quarterly Housing Report released by the Texas Association of Realtors (TAR). "The impact of lower oil prices continues to be delayed, leading to a surprisingly strong second quarter. In fact, Texas home sales are actually stronger than they were this time last year, when oil prices were nearly $100 a barrel," said TAR Chairman Scott Kesner. "This is further evidence of the strong and enduring demand for Texas real estate." According to the report, Texas home sales increased 46.3 percent from the first quarter and 4.7 percent year-over-year to 88,906 sales. Median price increased 8.1 percent from a year ago to $200,000. Average price increased 9 percent year-over-year to $258,786. This is the first time the median price for Texas homes has risen to $200,000, marking an all-time high for Texas home prices. Monthly housing inventory continued to decline, falling 9.2 percent year-over-year to 3.8 months. The Real Estate Center at Texas A&M University estimates that a monthly housing inventory of 6.5 months is a level at which supply and demand for homes are balanced. “Despite expected negative impacts from the decline in the oil price and rig counts, both existing housing development and new single-family home sales continue to be strong," said Center Research Economist Dr. Jim Gaines. "While a down oil and gas market makes it difficult to forecast Texas real estate for the rest of the year, preliminary numbers indicate a positive third quarter of 2015. Additionally, the expectation of rising interest rates in the near future could be stimulating demand as well." BBM article courtesy of Texas Association of Realtors & Real Estate Center Online News
“Where experience and service make the difference” From its beginning in 1916, Kendall County Abstract Company has been Kendall County’s locally owned and operated title company. Over the last 99 years, we’ve earned the trust of real estate professionals because we’re experienced, we’re professional, and we care about our customers.
Ashlee Pfeiffer, Manager
Agent for:
• Stewart Title Guaranty Company • Fidelity National Title • First American Title Insurance • Alamo Title Insurance
830.816.2131 | 830.249.3341 - Fax 103 N. Saunders • Boerne, Texas 78006 (across from the courthouse)
VISIT US AT WWW.KCAC.NET
830.995.5810 16 US Hwy 87 | Comfort, TX 78013-2277 marcie@mlcoxcpa.com www.mlcoxcpa.com boernebusinessmonthly.com
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The Strong-Arm Closing Process: No More
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by B.R. “Randy” Allen and Erica Gay
Rene Campbell* Steven Karam* Ranch Sales Residential Sales (210) 542-0148 (210) 414-0105
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Wiley & Kathy Cloud, Brokers (830) 755-8693 | (210) 710-6601
Real Estate Office: (830) 755-8693 34
When buyers of residential property sit down at a real estate closing, they are likely to engage in one of the most important and complicated financial transactions they’ve ever encountered. Well before reaching the closing table, prospective homebuyers should have received the Good Faith Estimate and Initial Disclosure (soon to be combined into one document, the Loan Estimate). A few days prior to closing, the buyers should also receive the HUD- 1 Settlement Statement and TILA form (soon to be combined into the Closing Disclosure Form). These documents are intended to give the buyers an estimate of what they can expect their home to cost, so they’re not met with any surprises at the closing table. Unfortunately once sitting down at the closing table, buyers will be asked to sign and review numerous documents they haven’t yet seen, including a Deed, Deed of Trust, Note, and an Affidavit of Identity. There is no law requiring prior disclosure of these instruments, often leaving homebuyers with just minutes to skim through complicated legal jargon. With so many binding legal documents
B oerne B usiness M onthly | September 2015
in front of them and added pressure from the seller, realtor, and mortgage lender, it is no surprise homebuyers frequently have complaints about the real estate closing process. One such complaint arises from the “Affidavit of Identity,” also known as an “Affidavit of One and the Same”; a sworn legal statement that the affiant has been known by other names. Take a buyer who goes by the name Bob Wilson, and whose full name appears on his identification as “Robert Louis Wilson, Jr.”; he may be asked to swear that he is one and the same as “Bob L. Wilson,” “Robert L. Wilson, Jr.” and “Robert Louis Wilson, Jr.” Bob would likely have no objection to this, if he has gone by all these variations of his name on occasion. Similarly, he has no basis to object to an Affidavit stating his name as it appears on recorded documents, tax records, and government issued identification. Bob may object however, if he is asked to identify himself as “Rob Wilson,” as he has never gone by “Rob” (his father has always gone by “Rob” and him as “Bob” in an attempt to avoid confusion). continued on page 36
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
Megan Lamb Escrow Administrator
Competence & Integrity
Allen & Associates, L.L.P A Real Estate and Energy Law Practice
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ALAMO TITLE ESCROW CLOSING OFFICE, FULL SPECTRUM REAL ESTATE DRAFTING, OIL/GAS TITLE EXAMINATION, CURATIVE, DUE DILIGENCE, RIGHTS-OF-WAY AND EASEMENT ACQUISITION, DIVISION ORDERS, POOLING/UNITIZATION AGREEMENTS, SEISMIC AND LEASE NEGOTIATIONS AND ACQUISITIONS, MINERAL RECEIVERSHIPS
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allenlaw@allenlawllp.com • Phone (830)443-4900 • Fax (830)443-4901 boernebusinessmonthly.com 35 12 Upper Balcones – Boerne, Texas 78006
continued from page 34
Another issue arises when the title company or lender asks a buyer to sign all the closing documents with a signature the buyer has never used. For example, Bob Wilson, is asked to sign his signature as “Robert Louis Wilson, Jr.”; although this is Bob’s legal name, each person’s signature is represented by their own mark, therefore, one’s legal name has no bearing on what their mark should be. Bob may be reluctant because not only has he never signed his signature that way, but even the document his full legal name was pulled from shows his signature as Bob Wilson! Mrs. Wilson may be met with an even more frustrating situation. Originally born “Lucille Ann Perkins,” the happily wedded Mrs. Wilson now goes by “Lucy Ann Wilson.” However, at the closing she is asked to sign several of the closing documents as “Lucille Ann Perkins Wilson.” Although she concedes that she was born “Lucille Ann Perkins” and now uses the last name “Wilson,” in her 30 years of marriage to Bob, she has never once gone by all four names, preferring to drop her maiden name, Perkins. To make matters worse, she is requested to “sign her name more legibly,” turning her signature into merely a script version of the name the title company demanded she sign, and not her true signature. Too often when buyers have complaints about the closing process, they may feel they have no choice but to go through with the closing in spite of their concerns. Since purchasing real estate is generally a time sensitive matter, buyers may feel as though they have little leverage against sellers, lenders, and
title companies who want to avoid any delay in closing the transaction. So what should a buyer do? First, it’s often beneficial to ask for all the documents you will be asked to sign at the closing beforehand, although you may not always receive them, it never hurts to ask. If you get to the closing table and are met with questions or something you disagree with, object loudly and continuously until your questions are answered and you are comfortable moving forward! Never sign anything you don’t understand or agree with, after all, it’s your name on the line, not theirs. Having an attorney available to conduct your closing can also be greatly beneficial, as they are often the best suited to explain the “hows” and “whys” of the closing process. No matter whether you’re purchasing your first home or your retirement home, all homebuyers should make sure that they are working with a title company, realtor, and lender that have their best interests in mind. BBM B.R. “Randy” Allen is the managing partner of Allen & Associates, LLP of Boerne, Texas, a law firm specializing in Real Estate, Oil, Gas and Mineral Law, Litigation, and Property Tax Management as well as the owner of Alamo Title Boerne. Randy is a Fellow in the State Bar Foundation, a Certified Professional Landman, and is licensed to practice law in Texas, Kentucky, Ohio, Utah, North Dakota, Colorado and Pennsylvania. He received his bachelor’s degree from Virginia Commonwealth University, and his juris doctorate and M.B.A. from St. Mary’s University. Erica Gay is an Associate at Allen & Associates, LLP in Boerne, Texas, where she practices Oil and Gas Law. She is a member of the AAPL and the San Antonio Association of Professional Landmen. Erica received her bachelor’s degree from Texas A&M University and her juris doctorate from St. Mary’s University School of Law. She is licensed to practice law in the state of Texas.
Enclave
at Balcones Creek Homes $ from the
260’s
Contact Mark Guerra at 830-981-5206
Executive
Balcones Creek
Great Locations and Great Values! in Ma
Johns Rd.
St.
10 87
46
Balcones Creek Map not drawn to scale.
46 Fair Oaks Blvd. 87
Community Features: • • • • •
No city taxes Gas community Gated community Wooded homesites Exemplary Rated Boerne Independent School District
at Balcones Creek Homes $ from the
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Contact Heather Morofsky at 830-981-5301
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Acreage Homesites
For more information visit ryland.com. In the San Antonio division, prices, plans and specifications are subject to change without notice. Map is an artist’s conception for general information purposes only and is not to scale. Photographs are for illustrative purposes only. Information believed to be accurate but not warranted. See sales counselor for details. © 2015 RH of Texas Limited Partnership. RS1319
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B oerne B usiness M onthly | September 2015
Phillip Bell
& Assoc., llc
• ENERGY EFFICIENT • WATER CONSERVATION
LAND
PHILLIP BELL
REALTOR®, GREEN/Consultant
210.415.8483 pbell@texas.net
phillipbell.net
NEW LISTING!!
Pre-Development 12 Ac IH-10 Access Rd in ETJ 34 Ac IH-10 Access Rd in ETJ 28 Ac Hwy 87 & Shooting Club Rd Zoned "I" (210) 415-8483 – Call for Details pbell@texas.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.
LAND SALE for
in the new
INDUSTRIAL ZONE
34± ACRES: This property at 7 Becker Ln is offered for potential development. Located behind Ingram Readymix, with50 ft. easement fronting on IH-10 access road.There are two family homes and various out-buildings on the property with two wells and three septic systems. The 34+/- acres is not in the City limits but is in the ETJ. Ideal for light, industrial development. Electricity is available from Bandera Elect. Co-Op. Water and sewer service available from Kendall Utility. Survey, plat and aerials are available. Call for details. $2.00/Sq. Ft.
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.
OTHER UNLiSTED COMMERCiAL PROPERTiES AVAiLABLE!
art |
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B oerne B usiness M onthly | September 2015
222 S. Main | Boerne, Texas
830.249.7979
www.hillcountryproperties.net
333 PRESTON TRAIL Views of Lake Oz and the hills & valleys of Tapatio Springs from this exquisite 3/3 in the Highlands over Tapatio. 3rd bedroom is casita that opens to a relaxing courtyard complete with glowing glass fire pit, gurgling fountains and outdoor cooking. Chef ’s kitchen, stone accents and ultimate attention to detail.
107 RANGER DRIVE Ranger Creek home on 1 acre, easy access to IH10, voluntary HOA with pool, tennis, and clubhouse. No city taxes! Recent interior/exterior paint, new SS kitchen appliances, granite countertops. Oak floors with carpet only in the bedrooms. Large covered patio and deck area plus a storage building. Ready for move in!
MLS#1129220 | $533,000 Contact Carol Schultz – (210) 268-3691
MLS#1130088 | $339,000 Contact Sara Baird – (210) 317-9996
224 LEATHER LEAF – ENGLISH OAKS SUBDIVISION Soaring ceilings and Texas size rock fireplace. Open floor plan with first floor master suite. Granite countertops throughout, Alder wood cabinetry. Tile floors downstairs except master bedroom. Gorgeous stained concrete patio area with outdoor built in grill. Lovely landscaped yard. Huge game room with 3 bedrooms upstairs. Immaculate and well maintained home in English Oaks.
97 HANNAH LN – LOT IN TAPATIO SPRINGS Largest lot in The Highlands area of Tapatio Springs with the most incredible views. Beautiful hillside views as well as hidden Lake Oz. Partially cleared with a ledge for the start of a building site. Perfect for walk out lower level. Come enjoy the revitalization of the Tapatio Resort with newly remodeled dining room, conference center, and new pool.
MLS#1131207 | $354,500 Contact Sara Baird – (210) 317-9996
MLS#1124388 | $99,900 Contact Carol Schultz – (210) 268-3691
Experience • Skill • Dedication
boernebusinessmonthly.com
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