Kendall County declines to call ESD No. 1 election after divided public hearing

Kendall County Commissioners Court heard more than two hours of public comments Feb. 11 on a petition to create Kendall County Emergency Services District (ESD) No. 1 for the Bergheim service area, a measure backers said is needed to fund full‑time, 24/7 firefighters and opponents said would create a costly, permanent tax with limited oversight.

After the public hearing and extended discussion, the court concluded the day without approving an order to call an election and authorize the ESD tax. A motion to place the measure on the May uniform election date and authorize a tax failed at the conclusion of debate.

What supporters said: petitioners and residents who favor the ESD said the Bergheim Volunteer Fire Department (BVFD) faces sustained call-volume growth, volunteer burnout and a funding shortfall that supporters estimate would require going from volunteer staffing to paid firefighters to ensure reliable response. Petition leader Cleve Hogarth, speaking for the BVFD board, said the petition met statutory requirements and asked the court to let voters decide. Other supporters said an ESD legally dedicates tax revenue to emergency services in the district and would prevent county general-fund dollars from being reallocated.

What opponents and skeptics said: speakers including property owners and some residents argued the same priorities could be addressed without creating a special taxing entity now; they urged more county study, a countywide strategy for emergency services, and additional public education. Opponents raised several specific concerns: the projected cost to district property owners, turnover and management problems at the volunteer department, the timing (May elections historically have lower turnout), and unresolved data about BVFD operations. Several speakers said the county’s new Voss EMS station will change response patterns and urged the court to wait for additional data.

Key numbers and details discussed in the meeting: - BVFD and petitioners said call volume for the BVFD area reached roughly 533 911 calls in fiscal 2024; BVFD volunteers said a small share of those calls were structure fires but many were EMS, rescue or mutual‑aid responses that local volunteers frequently handle. - Petitioners’ fiscal model: petition supporters said a full 24/7 paid staffing model likely produces an annual operating budget in the roughly $2.5 million–$3.0 million range; backers said the ESD ad valorem tax (up to the 10¢ per $100 cap) would be the primary revenue source but that commissioner appointees would set rates if the ESD forms. - County staff estimate the Kendall County portion of running a May election at a minimum of roughly $17,000 (county share) if the county must provide an early‑voting location; adding an early‑voting site within the district could add $8,000–$10,000 for staffing.

Administrative and legal questions raised: county staff and commissioners flagged several technical and legal items that remained unresolved in petition materials. County elections staff noted coding and voter‑roll mapping tasks would be required to ensure every affected parcel is correctly assigned to the ESD territory for May; staff said completing that work in time would impose overtime on county elections personnel. County counsel and commissioners raised concerns about municipal ETJs listed in the petition and whether all necessary municipal consents (for example, from Bulverde) had been secured before calling an election; county staff confirmed the City of San Antonio had returned consent paperwork on Feb. 6 but said Bulverde’s consent was still pending.

Vote and outcome: after discussion, the court did not approve an order calling an election to confirm creation of Kendall County ESD No. 1 or authorize an ad valorem tax. A motion to call the election and authorize tax failed on the court floor (no affirmative majority to call the election during the open session).

Why it matters: the petition seeks to create a locally governed taxing district with authority to levy property taxes dedicated to emergency services in a defined service area. Creation of an ESD would shift long‑term revenue responsibility to affected property owners and change how emergency services are funded and governed in the Bergheim area.

What’s next: Commissioners said they will continue county planning work on emergency services, including a planned countywide survey and the Hill Country Fire Coalition’s mitigation and insurance outreach; county staff also will follow up on municipal ETJ consents and on the elections office’s mapping work if petitioners pursue another date.

Provenance: Public‑comment testimony, petitioners’ presentation and the court’s recorded motions and final roll call appear in the transcript from the public‑hearing segment that began at about 10:07 a.m. and concluded with the court’s vote at 12:49 p.m.