Misleading Graphic Debunked

A graphic has been circulating on social media that is full of misrepresentations. Here is the truth behind these claims along with sources to help you gather your own information.

The Truth:

Quality of Life Projects

The claims made next to the checkmarks (olympic pool, golf course, park, and heritage center) are misleading. The money allocated to pay for these improvements came from the City’s Economic Improvement Corporation (EIC) that is OBLIGATED to spend 4B sales tax dollars on a few categories of projects, including “quality of life” projects. The funds used to pay for these improvements will come from sales tax dollars as part of a program that voters enacted in the 1990s. These funds WILL NOT come from your property taxes, and no tax increase was enacted to make these projects happen.

Source: https://kerrcountylead.com/kerrville-eic-agrees-to-spend-20-million-to-enhance-quality-of-life-projects/

Road Maintenance

The City has an extensive road maintenance program in place that uses hard data to plan for paving and other improvements as needed. The 2024 budget includes a priority: “Focus on ongoing streets maintenance and reconstruction efforts, including updating the Pavement Master Plan.” The budget continues later, “Streets maintenance also remains a top priority in FY2024 with a budget of $2M (not including CIP). The City updated the Pavement Condition Assessment in FY2023 and will be presenting the new Pavement Master Plan in FY2024.”

Sources:

https://www.kerrvilletx.gov/DocumentCenter/View/43272/FY24-Budget-in-Brief-

Water and Sewer Debt Service

Just as any massive utility company must do, the City (which owns all of the water and sewer infrastructure in Kerrville) has to upgrade and replace equipment from time to time to ensure quality of service and safety. And just as a homeowner sometimes has to take on debt for huge home renovation projects, the city takes on debt to finance these efforts. All of the utility infrastructure debt is paid for out of water and sewer revenues — NOT through property taxes. Rate payers share the expense for upgrades and the debt service on those upgrades when they pay their utility bill each month. Rate payers include residents, but also businesses and other institutions that use huge portions of the water and sewer service.

Lennar Homes

Lack of affordable housing is the number one issue for thousands of residents of Kerrville. Housing supply and housing costs are barriers to home ownership for so many local residents. “The lack of affordable housing causes employees to commute to Kerrville for work and lends itself to an unstable workforce and thereby limits economic growth and development in the area,” the Hill Country Community Journal reported in January.

Housing was identified as a major focus in the Kerrville 2050 comprehensive plan and has been a priority of city government since that time.

Before Lennar, the city and the taxpayers owned a cedar-covered hillside on Looop 534 that raised no tax revenue and had no economic benefit to the community. Now, that piece of land is home to numerous tax-paying residents that are actively contributing to the community, its economy, and paying taxes to not only the city, but all of the other taxing entities in Kerr County, such as school taxes, county taxes, and more.

Lennar was not “given” $30 million for the development of homes. For the first phase of the attainable housing development, Lennar received some city land in exchange for building the subdvision and offering the houses for a certain price point — one in range of the median income workers of Kerrville.

In the second phase, a TIRZ (Tax Increment Reinvestment Zone) was created that will benefit Lennar. This means that as the property develops and sells, some of the property tax revenue *increase* will be shared with Lennar to offset their massive infrastructure costs associated with this housing project. That is, over a period of a decade, Lennar will be partially reimbursed for their infrastructure that they build out and donate to the city for this subdivision.

None of your property taxes have gone to fund Lennar’s development. The city will still receive increased tax revenue for the development when complete. And this arrangement is no handout. Lennar is required to meet certain obligations to continue to receive this benefit.

Why weren’t these arrangements offered to a local builder instead? In short, they were. No local builders are able to meet the obligation of completing so much infrastructure, so many homes, at such a low price point, over such a small period of time. If a local builder had presented a proposal that met the needs of the community, council members have stated that they’d prefer the local builder. We just don’t have builders on this scale in Kerrville.

Source: https://www.hccommunityjournal.com/article_b537fb80-bfc8-11ee-b96b-678d6f4d98a9.html

City Debt

The graphic claims that debt obligation has doubled over the past five years from $68 million to $136 million.

Recently the city put out documentation explaining the structure and form of the debt that it has incurred. This chart directly contradicts the claims in the Facebook graphic above. Key takeaways are as follows…

  • More than half of the city’s current debt is paid for by either sales tax revenue or water/sewer revenues and NOT property taxes
  • An increase of $45 million in debt was endorsed by the voters to pay for the public safety facility, which will house police and fire infrastructure.
  • The city still has one of the highest bond ratings available to small municipalities — an AA rating from Standard & Poors. This credit ranking agency carries far more weight than anonymous flyers posted on social media.

Here is the chart from the city:

“We the People” lawsuit will cost taxpayers big money

This week, the LIA Network (operating locally as “We the People, Liberty in Action,” filed a lawsuit against the City of Kerrville requesting injunctive relief regarding two recently-passed ordinances, namely the “peddlers ordinance,” and the ordinance to relieve voters from unnecessary harassment at the polling place.

The LIA Network, including “We the People” (WTP) is an organized political group that supports two city council candidates: Roman Garcia and Barbara Ferguson. You may recall that Kerrville Forward recently sent a cease and desist letter to WTP calling out their illegal campaign flyers. WTP operates like a PAC, but does not disclose their contributions or spending like other local candidates and PACs must do.

The lawsuit, filed in federal court in the Western District of Texas, San Antonio Division, alleges that the “ordinances that the City of Kerrville has recently passed… flagrantly violate the First Amendment of the United States Constitution…” See the full complaint document at the bottom of this page.

The lawsuit is expected to cost taxpayers tremendous amounts of money, but an exact estimate is hard to come by at this time. Other lawsuits against the city, including the one filed by candidate for Place 3, Brent Bates, have already cost the city hundreds of thousands of dollars.

You may also recall that Place 1 Councilmember Roman Garcia (currently a candidate for Mayor) is the one who requested that the peddler’s ordinance be put on the agenda for consideration, and then lied about his request to consider that ordinance. See the video below for evidence of this deception.

Protecting the Polling Place

In recent years, it has become commonplace for candidates and their supporters to set up tents, gatherings, signage, and other campaign parafernalia near the entrance to the Cailloux Theater lobby — where early voting and election day ballots are cast in municipal elections. Many voters found it difficult to enter the polling place without feeling annoyed, harassed, or in some cases accosted by supporters of various candidates.

In 2018, Robert White, husband of mayoral candidate Bonnie White, confronted a voter in the parking lot and so disturbed her that she shared her experience on social media and with the Hill Country Community Journal. See this article.

In March 2024, the WTP group stopped incoming cars at the primary election polling place and offered a “voter guide,” and their actions have drawn ire from many people in the community. See this article.

These actions have made for a toxic environment around the elections, and so City Council took up the matter in 2023 and after much deliberation, passed Ordinance No. 2023-20, the Electioneering Ordinance.

The ordinance requires tents and gatherings of supporters to move to another part of the auditorium parking lot, giving voters a clear path to enter the building without harassment. The ordinance also limits signage around the auditorium.

This year’s municipal election, with early voting beginning on April 22, will be the first time this new ordinance has been in place during an election.

WTP alleges that this ordinance is a violation of First Amendment rights.

Solicitation Ordinance

The 2024 actions of city council to amend an ordinance involving peddlers and solicitors is also a subject of the WTP lawsuit. This ordinance was passed in March and primarily prohibits door-to-door solicitations between the hours of 8 PM and 8 AM. The intention to update this ordinance goes back to 2010 when City Attorney Mike Hayes presented some proposed updates to the ordinance, and since then, the update has been on the “pending” list of priorities for council.

In August 2023, Councilman Roman Garcia asked the city to bring that ordinance up for consideration.

A recent article in the Hill Country Community Journal includes clarifications from City Attorney Mike Hayes. See this article.

“Candidates, canvassers, and others may continue going door-to-door and attempt to engage residents within their homes. They just may not do so between the hours of 8 p.m. and 8 a.m., which is reasonable. That also seems to have the greatest support and is the type of regulation that have been adopted in cities all over Texas and the rest of the country,” said Mike Hayes.

Read Ordinance 2024-03 here.

Litigious Candidates

This means that Roman Garcia, Barbara Ferguson, and Brent Bates all have active direct lawsuits or their supporting political groups have active direct lawsuits against the City of Kerrville — the government entity that they hope to control after the May election. These lawsuits will cost the taxpayers hundreds of thousands of dollars to defend the City in court. For all of the talk of saving taxpayers money, these suits will clearly do the opposite.

ECF-1-ComplaintDownload

Cease & Desist letter delivered to “We the People, Liberty in Action”

On Tuesday morning, April 9, attorneys on behalf of Kerrville Forward delivered a “cease and desist” letter to LIA Network (aka, We the People, Liberty in Action) regarding the distribution of an illegal political advertisement. The letter and the offending advertisement can be viewed below.

All media inquiries and other questions should be directed to the spokesperson for this action, Kerrville Forward representative Sandra Yarbrough at 830-739-7027, or via email at [email protected] .

Brenda Hughes reacts to efforts to undermine the public library

Groups in Kerrville have attempted to decieve voters by manipulating, clipping, or editing this video of Councilperson Brenda Hughes responding to efforts to undermine the local public library. View the video above to see her FULL remarks without any edits.

This council meeting took place on November 8, 2022.

Additional article about the controversy: https://www.hccommunityjournal.com/article_8e7935b0-651d-11ed-aa67-07bc133f8ec1.html

Candidate Guide: Place 4 2024

Overview

Two candidates are vying for Place 4 on the Kerrville City Council. Brenda Hughes, the incumbent, is seeking a third and final term in office. Barbara Dewell Ferguson has not served on council before, and seeks to unseat Hughes. The winner will serve a two-year term in office as one of five members of council.

Age

Brenda Hughes and Barbara Dewell Ferguson are both 65 years of age.

Higher Education

Hughes studied criminal justice at ACC, UOP, and AU. Ferguson has a Bachelor’s in Art and Psychology from Anderson University, South Carolina.

Career

Hughes owns Buzzie’s BBQ, a Kerrville restaurant. Ferguson reports that she has worked as a land developer, stay at home mom, bookkeeper, and training manager.

Previous Elected Offices and Campaigns

Brenda Hughes was elected to city council in 2020. Barbara Dewell Ferguson has not previously held public office in Kerrville, but ran and lost in 2023 against Jeff Harris. She was a delegate to the Republican Party Texas State Conventions in 2020 and 2022.

City Boards

Hughes has served on the Food Service Advisory Board for two terms, and had two terms as Chairperson of this board.

Ferguson served on the Public Safety Facilities Committee, but did not sign onto the committee’s recommendation to build a new facility in Kerrville for police and firefighters headquarters.

Local Nonprofit Service

Brenda Hughes is a founding member and vice president of Kerrville Pets Alive! (a local nonprofit supporting animal welfare). She is a member of the Kerrville Area Chamber of Commerce, served on the Kerr County Capital Improvement Planning Committee for three years, is a board of directors member for Hill Country CASA, is a former chair of the City of Kerrville Food Service Advisory Committee, former member and second vice-president of the Republican Women of Kerr County, and a founding member of the Hill Country Animal Advocates.

Ferguson does not report any local nonprofit service on her resume.

Kerrville Forward’s Endorsement

Barbara Dewell Ferguson has misrepresented the truth and engaged in conspiracy theories during her campaign in 2023 and through present day. An alarmist, she has sowed division and angered the community with half-truths or outright misrepresentations of the truth. Therefore she is unfit to serve on an important government body such as city council.

Brenda Hughes, on the other hand, has been a forthright and humble public servant during her time on city council. When she began her term in 2020, she had a viewpoint and opinion about how the city operated, and once she saw for herself how things operated at the city and at city council, her viewpoints changed. She is willing to adapt based on new information and has been extremely cooperative with her other council members. This has caused her to lose certain supporters, but she has held firm in her convictions.

We enthusiastically endorse Brenda Hughes for another term on city council.

Candidate Guide: Place 3 2024

Overview

Two candidates are competing for the open Place 3 seat. No incumbent is running for this position. The incumbent, Joe Herring, Jr., is running for mayor, leaving this seat open for the 2024 race. The two candidates are Kent McKinney and Brent Bates.

Age

Kent McKinney is 72 years of age. Brent Bates is 67.

Career

Kent McKinney is a retired banker with 45 years of experience in the industry. He chartered a bank in Kansas (Community First National Bank) and brought a branch to Kerrville. He was also an executive at the newly chartered Guadalupe National Bank in Kerrville.

Brent Bates is a real estate developer and property manager. He has been a Texas real estate broker since 1985. He also operated Bates Total Asset Management company, offering financial services. He developed properties in Kerrville including the River Guide Village and the Palacio del Guadalupe condominiums. Bates has a history of judgments against him following court battles, as reported in The Lead in 2022. He is also currently embroiled in a legal battle with the City of Kerrville regarding a building in the River Guide Village.

Higher Education

McKinney has a BS from the Wharton School of Finance and Commerce at the University of Pennsylvania.

Bates graduated with a BBA from Texas A&M University in 1980.

Previous Elected Offices

Neither candidate has experience as an elected official. McKinney has not run for public office previously. Bates failed in an attempt to run for Mayor against Judy Eychner in 2022.

City or Local Government Board Service

McKinney served on Kerrville’s Economic Improvement Corporation (EIC) which distributes approximately $4 million in 4B sales tax dollars annually.

We can find no record of Bates serving on any local government board or commission.

Nonprofit Experience/Volunteerism

McKinney has extensive nonprofit board service in Kerrville, including the boards of Upper Guadalupe River Center, Inc.; Kerrville Public School Foundation; Dietert Center; Hill Country Arts Foundation; Kerrville Area Chamber of Commerce. McKinney also volunteered for the Schreiner University Hill Country College Fund and the Alamo Area Council Boy Scouts of America.

Bates was a board member of the Hill Country Youth Ranch and a founder and board member of Big Springs Charter School.

Kerrville Forward’s Endorsement

Brent Bates claims that he is qualified to serve on city council based on his business acumen. However, his history of doing business in Kerrville is problematic, at best, and his history of judgments and other litigation against him might be disqualifying in and of itself. However, since he is actively involved in a conflict and litigation with the city regarding a building he has contstructed along Water Street, we cannot consider any of his other qualifications. Someone engaged in a lawsuit against an entity cannot seriously be considered to lead/govern that entity.

The images below show a partial list of Bates as a party to various lawsuits.

Kent McKinney, in constrast, has a rich history of service to the community as well as an excellent reputation in the local business world. His past service on EIC and numerous local nonprofit boards prepares him well for leadership on city council, which controls a budget of roughly $100 million annually. Kent has shown himself to be a steady hand at the till of nonprofits and government bodies.

Kerrville Forward wholeheartedly endorses Kent McKinney for City Council Place 3.

Links

Kerrville man accused of embezzlement | Local News | dailytimes.com

Court documents show Kerrville mayoral candidate has a long history of not paying people back – The Kerr County Lead

Candidate who is suing Kerrville in federal court enters mayor’s race – The Kerr County Lead

Mayoral candidate Brent Bates fined by jury, says he’ll appeal | News | dailytimes.com

Mayoral candidate found guilty of city code violations | | hccommunityjournal.com

Stress-free voting experience in May

Kerrville’s citywide elections are held every May with voting at a single location — the Cailloux Theater lobby in downtown Kerrville. In recent years, candidates and their supporters routinely set up tents and signage near the entrance to the polling place, causing anxiety and consternation for some voters who simply want to cast their ballot and leave without being accosted. In 2018, there was even a reported incident of a husband of a candidate harassing women and children.

To try and provide voters with the most stress-free voting experience possible, in 2023, the Kerrville City Council passed Ordinance No. 2023-20, which effectively removed the candidate/supporter tents from the front of the building and relegated them to the back of the parking lot. Other restrictions were also enacted, including limiting the number and type of signs that can be placed outside the polling place.

These changes were generally applauded and welcomed, but not everyone was in favor of these improvements. Councilman Roman Garcia voted against the ordinance. In fact, he was the ONLY councilmember to vote against it. (Source: https://www.hccommunityjournal.com/news/article_b7df9ba2-2597-11ee-b84f-4b0e85d7c362.html)

The restricted area is shown in blue highlight on the map below. No tents will be allowed in this area, giving voters free passage from the parking lot into the voting center.