COMMISSIONERS COURT
Judge Ruben Becerra’s proposal for a High-Intensity Development Review Division was met with questions and concerns from the Commissioners Court on Tuesday, and ultimately delayed pending further input and investigation from Hays County staff.
Becerra’s plan to establish this review division within the Development Services Department was first made public in his press release on Monday, prior to the Commissioners Court meeting on Tuesday.
In the press release, Becerra said that his “Clear Water Summit” was “designed to identify next steps and create momentum toward action.”
The invitation-only “Clear Water Summit” on March 27 was organized by Becerra and local water officials to bring together regional stakeholders to address growing concerns over water availability as development continues across Hays County.
One of the “next steps” according to his press release is the creation of a High Intensity Development Review Division within the Development Services Department to “evaluate projects that place significant demand on water, power, land and infrastructure systems.
“It will provide technical review, coordination, and accountability before major resource commitments are made. The proposal also includes review of advanced energy generation projects, including nuclear-related proposals, within the division’s scope.”
Becerra did not supply details for the funding of the new division in the initial press release, which stated that “If approved, the agenda item would direct the Hays County Budget Officer and County Administrator to include funding for the division.”
The description of the agenda on Tuesday provided more funding details, instructing the Director of Development Services and Human Resources Director “to develop job descriptions, salary data, and a proposed divisional structure as needed.”
On Tuesday, the funding of this division was one of the main concerns, with the Commissioners questioning the funding source.
“I need more information about the proposed financial impact,” said Commissioner Michelle Cohen, Pct. 2.
During the court’s discussion of this item, Becerra specified that he intended the High-Intensity Development Review Division to be comprised of current employees in the Division of Development Services, with possible input from the director of the department once that position has been filled.
“The spirit of this effort is to grab a current employee within the Department of Development services,” Becerra said. “It is intended to be of no cost to the county. We’re only setting up the mechanism to process what we know is coming down the pipe.”
Commissioner Walt Smith raised objections to the plan based on the lack of a working definition for the term “high intensity” as well as what could be perceived as differential treatment for specific developments.
“We don’t have the ability to do codes and ordinances, and under state development regulations, there’s not a clear definition of what would be considered ‘high intensity development,’” Smith said. “We are mandated by the state to treat every development in a similar fashion, whether it’s the mom-and-pop who wants to put a shop in their garage, or a data center, we have to look up all of them the exact same way.”
Commissioner Morgan Hammer, Pct. 3, said that the High-Intensity Development Review Division could be workable as part of the current structure of Hays County staff. “I don’t think that this would be an entire position, but I do think that there’s a piece in the puzzle where it does, it can exist within our development services.”
Hammer also stressed the importance of groundwater conservation districts to the new role.”My main topic of interest is that we passed a resolution last year stating that the water availability studies would be going to the groundwater conservation district to have their hydrologist review and approve and then send back to us,” Hammer said. “They have not been doing that … as frequently as maybe we should.”
“I think water is extremely important to every member on this court,” said. Commissioner Debbie Ingalsbe, Pct. 1., acknowledging the importance of the intent of Becerra’s proposal, but suggested that the Court needed more information before voting on it.
Ingalsbe also noted that Hays County does not currently have a Development Services Officer, suggesting that County Administrator Kandice Boutté look into Becerra’s proposal.
“Can we just direct Candace to work with development services and see how we move forward regarding this effort?” Ingalsbe said.
Boutté acknowledged Ingalsbe’s suggestion, agreeing to work with other county offices to research the proposal.“I hear the court loud and clear, and I will work with our budget office as well as legal and HR to come up with some recommendations,” she said.
