Mayor blasts governor’s property tax plan, says it will increase taxes

In an article posted today on his web site, Mayor Travis Mitchell criticized Gov. Greg Abbott’s recently announced property tax proposal, calling it "political maneuvering" that "will actually raise local taxes" and jeopardize Kyle’s "long-term economic prosperity."

Earlier this month Abbott announced one of his top priorities for the 2019 legislative session would be to force cities to limit their annual property tax revenues to 2.5 percent above what they collected the previous year unless two thirds of their voters approved a higher amount. His plan would also prohibit a municipality or a school district from issuing bonds unless two-thirds of the voters approved the debt issuance in an election that attracted at least a third of the jurisdiction’s registered voters.

For the record, never in its history has Kyle had a municipal election in which a third of its registered voters cast ballots.

"Abbott’s plan is wrong for Texas," Mitchell wrote. "I only hope that voters see through the political gamesmanship coming from our state capitol.

"Unfortunately, Abbott’s plan is more about political maneuvering than sound fiscal policy," the mayor said. "Hidden beneath multiple layers of state budgetary complexity is a disturbing truth. Abbott’s ‘solution’ will actually raise local taxes, not lower them. And it will do so in a way that dramatically reduces both transparency and quality of service."

Mitchell cited examples showing how Abbott’s plans could cripple the operations of both city government and the Hays Consolidated School District.

Later this year, according to the mayor, the city will begin work on the expansion of its wastewater treatment plant, the design and construction of which has been mandated by the Texas Commission on Environmental Quality. "If we are not able to complete the project to their specifications and within the proper schedule, TCEQ will either fine the city or, perhaps, take over our plant," Mitchell wrote. He said the expansion costs will be financed with cash on hand combined with developer contributions. But, he added, the city will still have to borrow money, through the issuance of Certificate of Obligation bonds, to bridge the gap between the actual construction and the time the city receives those developer contributions. The contributions would be used to offset the loans.

Currently, the only requirement for issuing CO bonds is for a majority of the city council to approve a measure to do so. However, according to Mitchell, if the governor has his way, the city would have to conduct an election in which one third of the registered voters cast ballots and 67 percent of them approved the bond proposal. By comparison, in modern-day politics, a "landslide" win is one in which one side in a two-sided election attracts 58 percent of the vote.

Should either benchmark — the two-thirds approval or the 33 percent voter turnout — not materialize, the proposal would fail. In that almost certain outcome, Mitchell wrote, "The city would default on its obligation to serve entitled future developments, would enter into a growth moratorium, and Kyle’s prospects at long-term economic prosperity would immediately be in jeopardy."

Mitchell also pointed out, had Abbott’s plan been in effect last year, the Hays CSD bond proposal for a third high school and two elementary schools would have failed because it received 65 percent voter approval, 2 percent below Abbott’s recommended minimum, and only 4 percent of the registered voters cast ballots, 29 percent less than what the governor’s plan would require.

You can read Mitchell’s entire article here.

Mayor says passage of ESD proposition could lead to lower property taxes in Kyle

Mayor Todd Webster said today the passage Tuesday of the proposition to create an Emergency Service District 9 in Hays County relieves Kyle of EMS costs that have ballooned fourfold in just two years and that future city councils "may have an opportunity to reduce taxes and/or improve services in other departments with the resources that have been freed up."

The mayor also said the high turnout for Buda’s municipal elections justified the actions the city took earlier this year in amending its charter to move council/mayor elections from May to November while also warning the move "does increase the burden on candidates by increasing the amount of effort it will take to get elected."

Mayor Webster’s statements came in response to my seeking the reaction from Kyle’s elected officials on the direct ramifications of Tuesday’s election results in Hays County on residents of Kyle.

Both Webster and council member Travis Mitchell cited the improvements the passage of the second of the two Hays County bond propositions will mean for Dacy Road with the mayor saying that this "North/South thoroughfare on the East side of Kyle will improve mobility, address an insufficient road that is near three schools and create additional opportunity for commercial development."

I asked Kyle’s political leaders specifically what effects the passage of the bond propositions and the ESD had on Kyle residents and whether they thought the 70 percent turnout in Buda’s city council elections Tuesday not only justified Kyle’s decision to move its elections but also silenced, at least somewhat, the fear that too many voters in a bipartisan election would cast a straight-ticket vote and then not bother to vote in the city elections found much further down the ballot.

Here, unedited, are their replies, first from Mayor Webster:

"Regarding the Bond Proposals and ESD 9, I supported both bond proposals and ESD 9 and am pleased that the voters approved them. Proposition 1, which was the more controversial of the two bond proposals is going to benefit the City of Kyle by creating a joint operations center for 9-1-1 dispatching. Kyle's existing 9-1-1 dispatch operations are housed in a building that has inadequate space and is in less than ideal condition. Co-locating dispatch services provides an opportunity for both Hays County and the City of Kyle to more effectively collaborate, improving the quality of service that is being provided. The opportunity to be more efficient and share resources at the new facility should improve public safety and lower costs over time. Eliminating the need for Kyle to build a new facility to house our 9-1-1 dispatch department will also allow Kyle to avoid a future debt issuance that likely would have been needed in the near future.

"Proposition 2 will rebuild and expand parts of Dacy Lane to the north into Buda. Creating a North/South thoroughfare on the east side of Kyle will improve mobility, address an insufficient road that is near three schools and create additional opportunity for commercial development. Additionally, proposition 2 included partial funding for an important effort that Kyle has been spearheading to relocate the Union Pacific Rail Road siding that is the cause of FM 150/Center Street being blocked by stopped trains. While far from a sure thing, a successful effort to move the siding elsewhere on the track would improve emergency response times, reduce traffic backups and eliminate a situation that frustrates a large number of Kyle residents on a daily basis.

"The creation of ESD 9 will allow us to retain stable and high quality ambulance service in the city. Because of skyrocketing costs, the city's budget for EMS has grown from approximately $350,000 two years ago to an anticipated $1.4 million next year. If ESD 9 had not passed, the city would have had no choice but to look at other options for EMS, including contracting with commercial ambulance services. With the creation of the ESD, an expense that was increasingly driving the city's tax rate will no longer be carried in the city's budget. Future city leaders will not be faced with prospect of having to raise taxes to cover EMS service and may have an opportunity to reduce taxes and/or improve services in other departments with the resources that have been freed up.

"Regarding the November Election and turnout, the decision to move elections to November was motivated by a desire to improve turnout in city elections. My understanding is that the number of voters casting ballots in city elections in Buda has steadily increased once they moved to November. There are valid concerns about straight ticket voters not being able to cast ballots in non-partisan elections such as municipal elections. Our turnout in municipal elections has been so low that something needed to be done to increase participation. I believe that we will see increasing turnout and less under voting resulting from straight tickets ballots and that it will improve over time. Moving elections to November does increase the burden on candidates by increasing the amount of effort it will take to get elected. Candidates will have to communicate with more voters and through multiple means to get elected. In doing so, when a candidate does get elected, they will have a more thorough sense of the community and its expectations. Bringing that perspective into the city's decision-making will only serve to improve how we prioritize resources and plan for the future."

Here’s what council member Mitchell had to say:

"Leading up to the elections, several people asked my opinion of the bonds and ESD 9. I’ll tell you what I told them. I am grateful for the work that will be accomplished through their passage, and I simultaneously worry about the county’s growing debts. This is a classic risk/reward scenario where the risk is debt and the reward is better infrastructure for the future.

I voted for the bonds and the new ESD. I am grateful they passed because the City of Kyle will get several benefits. The Dacy Lane expansion will come alongside Kyle’s 2013 road bonds and further improve East Kyle roads. The UP railroad siding relocation will remove a 30-year burr from the saddle of our downtown. ESD 9 will ensure that those who need EMS service are getting it and paying for it through a dedicated and appropriate means.

"That said, I did not stump for the bonds or publically support them because I respect those who are concerned about our county debt. With the passage of Prop 1 and 2, Hays County will carry the highest debt per capita in Texas. We are also the fastest growing county in Texas, so the debt is not unreasonable or unjustified. It’s just risky. Of course, not investing in our infrastructure while simultaneously growing can be seen as impetuous. Whatever your perspective, the people needed to decide for themselves and I’m grateful for their optimistic view of the future.

As to moving Kyle elections to November, I view it simply as follows: the higher percentage of voters, the better chance for democracy. Also, the fewer elections in a calendar year, the less likelihood of voter fatigue. There is some risk of partisan politicking, but a straight ticket ballot will undervote city elections. Thus, to vote for a council candidate you will have to do it the old fashioned way — by selecting that person’s name.

"And let’s be honest. If a council candidate wants to play the partisan card, he or she may do so in May just as easily as November."

And, finally, this from council member David Wilson:

"I am happy with the Buda election’s 70 percent participation, but we must understand this is a Presidential election year. I expected when I made the motion to move our city elections to November that we would have greater participation. I am happy the voters agreed when they approved the charter amendments. I sincerely believe the voters will not get caught up in partisan issues but will focus on what is best for Kyle as city council positions are non-partisan by charter."

Kyle leaders should feel good about election results

Political leaders in our fair city should have a lot to be happy about when they examine the results of tonight’s (actually, by this time of the early morning hours, I guess I should say yesterday’s) election returns.

First and foremost is the approval of creating a new Emergency Service District for Hays County. Voters went for the idea of creating this new taxing authority with 54.07 percent of the 17,963 ballots cast being supportive of the idea. This is also good news for Kyle taxpayers. The city’s budget for this fiscal year only funded ambulance service for six months and it would require the city to come up with a seven-figure sum somehow from somewhere to continue providing it. This removes the burden of needing to come up with a way to provide this funding and means part of those savings could possibly be used for fund the engineering study necessary to move the burdensome Union Pacific Railroad siding blamed for the stalled trains that often block traffic on Center Street.

The passage of the second of the county’s two bond proposals by a comfortable margin of 59-41 percent means the construction of roads, most particularly an extension of Dacy Lane that many leaders advocated, claiming it would spur unprecedented economic growth on the east side of Kyle. It also paves the way for the county to contribute $1.5 million, that still must be matched by the city, to help fund moving that siding. The passage of the first bond proposition, albeit by a narrower 2 percent margin, provides the city the opportunity to abandon its outdated 9-1-1 emergency call center and relocate it in a new county-run center to be constructed with the proceeds from the sale of these bonds.

And something that might be overlooked, but shouldn’t, is what happened in the Buda City Council races in which 70.2 percent of the city’s registered voters cast ballots. Earlier this year, Kyle voters decided to change a section of the city’s charter and move its municipal elections from May to November in the hopes of increasing what has been, on the average, about 8 percent voter turnout. Although any pronouncement about this must be attached to the idea that voter turnout is always higher in Presidential elections than other years, that 70.2 percent figure has to be encouraging and an endorsement of the decision to make that charter change.

Although it has absolutely nothing remotely to do with Kyle, I also found these results interesting. Gary Cutler, the Republican nominee for Hays County sheriff, received 9,090 more votes than his Democratic opponent. Donald J. Trump, the Republican’s nominee for President (who is now officially President-elect), on the other hand, won only 613 more votes than Democrat Hillary Clinton in Hays County. I have absolutely no idea what that means — or even if it signifies anything of import whatsoever — but I still found it interesting.

Suppressing the Hispanic vote in Hays County

Empirical evidence proves minorities, along with all other demographic groups, vote in far greater numbers in presidential election years than in mid-terms. But the difference is striking when measuring the minority vote. This evidence also proves minorities tend to favor Democrats far more than Republicans. Four years ago, minorities voted for Barack Obama over Mitt Romney 80-20 percent. That’s not even close.

So in areas where Republicans control the voting process, it becomes incumbent on them to use whatever means is at their disposable to make it easier for the non-minority/Republicans to vote than it is for minority/Democrats.

Although student enrollment is not conclusive evidence it is highly indicative of the demographics in Hays County, At Lehman High School, the only Hays CISD high school around here located east of I-35, the total minority enrollment is 79 percent of the student body. At Hays, west of I-35, the minority enrollment is 59 percent. The numbers go down the further west you go in the county. Minority enrollment at Wimberley High School is 22 percent and just 1 percent higher than that in Dripping Springs.

But this is not that surprising. Even anecdotal casual observations by anyone who has examined the demographics of Hays County knows the Hispanic population is far greater east of I-35 than it is west of the highway. So one the simplest ways to make it easier for non-minority/Republicans to vote and more difficult for Hispanic/Democrats to vote — in other words, to suppress the Hispanic vote — is to locate more voting locations where the Republicans are and less where the Democrats are.

And that’s precisely what has happened this year in Hays County, where not a single early voting location in the Kyle/Buda area is located east of I-35, where the minority/Democrat vote is concentrated. Not only that, the Republican-controlled Hays County moved one east-of-I-35-early-voting location in Kyle — at Seton Medical Center — that was available in the 2014 mid-term elections all the way across the county to the uber conservative, Republican dominated area of Southwest Austin just outside of Dripping Springs.

Has the tactic worked? There’s no way of knowing right now, but just a cursory glance of the complaints flooding local social media (and even an editorial that appeared in this week’s Hays Free Press) about the near impossibility of being able to vote at the Precinct 2 headquarters, which this year is the only place in the Kyle area available for early voting, suggests that it has.

I took these concerns to a couple of Hays County officials.

"Seton Hospital has not been available to us as a voting location," Precinct 2 County Commissioner Mark Jones told me. "I have been working for several years with Mrs. Cowan to try and find an early voting location for the east side of Buda and Kyle. We have not been able to find any place that could handle the parking and have the extra space they don't use for a location. If you know of any please let me know."

Hays County elections administrator Joyce Cowan told me much the same thing.

"Our office doesn't take lightly the subject line ‘Hispanic Voter Suppression in Hays County’," she told me. "We try very hard to make voting accessible and as convenient as possible for all citizens. All involved realize that a voting location on the east side of Kyle would be very beneficial to those residing in that area. The dilemma we have is with securing a location with sufficient infrastructure that will allow us to come in with equipment and high volume traffic for 12 days straight. Seton was not an available spot for us this election year. However, understand that we continue to look for a suitable location. We're open to any suggestions you may have on a convenient location for you and your neighbors."

I thought about what both Jones and Cowan told me for a while and thought perhaps there was at least one school situated on the east side of I-35 that would serve that purpose. I know that schools are often used as voting locations. But if you really believe Cowan when she says " we continue to look for a suitable location" or Jones when he claims ""I have been working for several years with Mrs. Cowan to try and find an early voting location for the east side of Buda and Kyle," you then have to believe Jones, Cowan and the other gurus at Hays County had considered that school possibility as well.

Apparently not.

""I don't know whether anyone approached any Board members," Hays CISD spokesperson Tim Savoy told me. "I work with the county elections administrator to set up polling locations at schools if they need them. I was never asked about using any schools or facilities for early voting for the November election.

"We are always happy to help the county," Savoy continued. "Had we been asked, we would have found something."

So there’s that.

The subtitle of this blog is, of course, "One person’s view of Kyle’s city government," so you may be scratching your collective noggins right now wondering what, if anything, suppressing the Hispanic vote in Hays County has to do with Kyle’s city government. And that’s a valid talking point.

But not for long. Beginning in next year, Kyle’s municipal elections will be held on National Election Day, which falls each year on the first Tuesday after the first Monday in November. Right off the top of my head, I can name three members of the seven-person Kyle City Council who live east of I-35. I’m willing to bet enough pressure will be applied to guarantee early voting locations for next November’s elections will be established east of I-35. The real question, however, is what’s going to happen in four years, in November 2020, the next Presidential election, when, as I said earlier, more minorities who tend to vote more Democratic are looking for convenient locations to cast their ballots?

Watch this space.