1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Regular Session 5 Monday, August 13, 2018 6 9:00 a.m. 7 Commissioners' Courtroom 8 Kerr County Courthouse 9 Kerrville, Texas 78028 10 11 12 13 14 15 16 17 18 19 20 21 22 23 PRESENT: TOM POLLARD, Kerr County Judge HARLEY BELEW, Commissioner Pct. 1 24 TOM MOSER, Commissioner Pct. 2. JONATHAN LETZ, Commissioner Pct. 3 25 BOB REEVES, Commissioner Pct. 4 2 1 I-N-D-E-X 2 NO. PAGE 3 1.1 Consider, discuss and take appropriate 8 action regarding Kerr County Commissioners' 4 Court nomination of a Board Member for the Kerr County Appraisal District. 5 1.2 Consider, discuss and take appropriate 16 6 action regarding application for The Camp Recovery Center, Center Point, Texas 7 (Starlite Recovery Center) to amend the Water Quality Permit to authorize a change 8 in the method of effluent disposal from surface irrigation to discharge treated 9 wastewater at a volume not to exceed 12,000 gallons per day into a swale, thence into 10 Verde Creek, and thence into the Guadalupe River. 11 1.3 Consider, discuss and take appropriate 33 12 action concerning a request to establish load limits, reduce the speed limit, and 13 establish road closure to truck thru traffic for Center Point River Road. 14 1.4 Consider, discuss and take appropriate 59 15 action for the Court to waive revision of the plat oversight and approval for 16 lots 4A and 4B-R of Audubon Place, Volume 8, Page 179, and Volume 7, Page 331. 17 1.10 Consider, discuss and take appropriate 62 18 action to abandon, vacate and discontinue right of way described in Volume 11, 19 Page 429, Precinct 2. 20 1.5 Public Hearing for the revision of plat 66 for Woodcreek, Lots 34 and 35, Volume 4, 21 Page 285, Precinct 1. 22 1.6 Consider, discuss and take appropriate 67 action for the Court to approve revision 23 of plat for Woodcreek, Lots 34 and 35, Volume 4, Page 285, Precinct 1. 24 1.7 Public hearing for the revision of plat 68 25 for Horizon Section One, Lots 118 and 119, Volume 6, Pages 323-326, Precinct 1. 3 1 I-N-D-E-X 2 NO. PAGE 3 1.8 Consider, discuss and take appropriate 68 action for the Court to approve the 4 revision of plat for Horizon Section One, Lots 118 and 119, Volume 6, Pages 323-326, 5 Precinct 1. 6 1.9 Consider, discuss and take appropriate 69 action for the Court to approve the 7 revision of plat for tracts 410 and 411 of Guadalupe Ranch Estates, Volume 4, 8 Page 120, Precinct 4. 9 1.11 Consider and discuss ordering the general 71 election. 10 1.12 Consider, discuss and take appropriate 73 11 action to approve the central counting station personnel pursuant to Chapter 27, 12 Texas Election Code. 13 1.13 Consider, discuss and approve the 74 appointment of Election Judges and 14 Alternates for the term of one(1) year in accordance with the Texas Election 15 Code Section 32. 16 1.14 Consider, discuss and approve the polling 77 locations in accordance with Chapter 43 17 of the Texas Election Code for the November 2018 election. 18 1.15 Consider, discuss and take appropriate 79 19 action to approve Treasurer's Office Xerox copy machine lease renewal and have 20 the County Judge sign same. 21 1.17 Consider, discuss take appropriate 80 action to ratify and confirm the First 22 Amendment to SAVNS (Statewide Automated Victim Notification Service) Maintenance 23 Grant Contract (OAG Contract No. 1877315-01). 24 25 4 1 I-N-D-E-X 2 NO. PAGE 3 1.18 Consider, discuss and take appropriate 82 action to ratify and confirm the SAVNS 4 (Statewide Automated Victim Notification Service) Maintenance Grant Contract for 5 fiscal year 2019 (September 1, 2018 - August 31, 2019) (OAG Contract No. 1990290). 6 1.19 Consider, discuss and take appropriate 83 7 action on implementation of the burn ban. 8 1.20 Consider, discuss and take appropriate 84 action to allow the UGRA (Upper Guadalupe 9 River Authority) to fill water tanks while spraying for the Giant Cane 10 Management Program. 11 1.21 Consider, discuss and take appropriate 87 action to confirm the filing of the Kerr 12 County Adult Probation fiscal year 2019 budget with the Kerr County Commissioners' 13 Court. 14 1.22 Consider, discuss and take appropriate 89 action to accept the annual report on the 15 financial records and internal audit for Kerr County Emergency Services District #1. 16 1.23 Consider, discuss and take appropriate 91 17 action to approve the Holiday schedule, Payroll schedule, and Step and Grade for 18 the 2018-2019 fiscal year. 19 1.24 Consider, discuss and take appropriate 93 action on revisions to the Kerr County 20 subdivision rules and regulations as they relate to proposed subdivisions that are 21 able to connect to the East Kerr County/ Center Point Wastewater System. 22 4.4 Approve and accept Monthly Reports. 104 23 4.6 Court Orders. 105 24 5.1 Reports from Commissioners/Liaison 107 25 Committee Assignments as per attachment. 5 1 I-N-D-E-X 2 NO. PAGE 3 5.4 Update on East Kerr County/Center Point 106 Wastewater Project. 4 1.26 Consider, discuss and take appropriate 107 5 action regarding real estate acquisition. 6 1.31 Consider, discuss and take appropriate 109 action regarding base salary schedule 7 for elected officials. 8 1.32 Consider, discuss and take appropriate 109 action to review, finalize and authorize 9 filing the proposed budget for the fiscal year 2018-2019. 10 1.33 Consider, discuss and take appropriate 109 11 action to authorize (pursuant to Section 152.013(b) of the Local Government Code) 12 publishing the notice of proposed salary increases, expenses, and allowances for 13 elected County and Precinct officials of Kerr County, Texas for the fiscal year 14 beginning October 1, 2018. 15 1.28 Consider, discuss and take appropriate 115 action to take a record vote on the 16 proposed 2018 Kerr County tax rate. This will be the combined tax rate for 17 Kerr County and Lateral Roads. 18 1.29 Consider, discuss and take appropriate 117 action to set the dates and times for the 19 two public hearings required for the 2018 tax rate for Kerr County and lateral roads. 20 1.30 Consider, discuss and take appropriate 119 21 action to set the date and time for the adoption of the 2018 Kerr County and 22 Lateral Roads tax rate. 23 *** Adjournment. 120 24 *** Reporter's Certificate. 121 25 * * * * * * 6 1 JUDGE POLLARD: All right, it's Monday, 2 August the 13th, 2018. It's 9 a.m. and the Kerr County 3 Commissioners' Court is in session. Please stand for 4 the prayer and the Pledge of Allegiance. 5 (Prayer and Pledge of Allegiance.) 6 JUDGE POLLARD: All right, this is the part 7 of the agenda where those that wish to speak on 8 something that is not on the agenda, and I notice that 9 there's some items here that people have requested to 10 speak on the Center Point Road issue. So this is not 11 the time for them to speak, they'll have to wait until 12 that item is called, okay, so which is up the list a 13 little bit, but if there are others here that wish to 14 speak on something that is not on the agenda then I ask 15 that you come forward to the podium, identify yourself 16 by name and address, and limit your comments, please, to 17 three minutes. Is there anyone else? 18 And I think I see some Louis Kirby, any of 19 your group want to speak at this time, or is that the 20 1:30 one you want to speak on this afternoon. So all of 21 these people are on Center Point Road that want to 22 speak, is that correct? All right, that's fine. 23 Then we'll move to item 1.1 on the agenda -- 24 well, first Commissioners and County Judge to recognize 25 achievements. Is there any? 7 1 COMMISSIONER BELEW: Got nearly three inches 2 of rain in Precinct 1. 3 JUDGE POLLARD: You? 4 COMMISSIONER MOSER: Precinct 2 was 5 discriminated against. About half that amount. 6 The only thing I would say is we -- in 7 Center Point a couple weeks ago had a Town Hall Meeting 8 on one of the subjects that's on the agenda today. But 9 I just wanted to recognize that there were about a 10 hundred people showed up at that Town Hall Meeting. So 11 very effective communication -- well, very effective 12 discussion, there was communications was two-way, one of 13 the parties was not there, but we'll talk more about 14 that, but it's a subject that a lot of the community's 15 interested in. Okay, that's all I have. 16 JUDGE POLLARD: All right, I don't have 17 anything. Do you? 18 COMMISSIONER LETZ: Yes. We ended up with 19 about a little less than an inch and a half where I 20 live. Parts of the Precinct maybe a little bit more. 21 But the main thing I wanted to comment on is 22 to remind everyone that school is starting everywhere, 23 and it means a lot of school zones, increased traffic in 24 the mornings. And those that use Highway 27, it's going 25 to really be exacerbated with the construction going on 8 1 and a lot of little turns and zigs and zags and school 2 buses, so everyone be careful on Highway 27 and all the 3 school zones. That's it. 4 JUDGE POLLARD: Mr. Reeves. 5 COMMISSIONER REEVES: As far as rain it 6 depends on where you were at. At 1650 FM 479 all we had 7 was 70 points, but you get out to the parts of the 8 County that doesn't get much rain, they had upwards of 9 three inches, so it was -- 10 JUDGE POLLARD: I had about three inches on 11 16 South -- 12 COMMISSIONER REEVES: So I think it was a 13 good rain. 14 JUDGE POLLARD: -- all together. 15 COMMISSIONER REEVES: And just on a somber 16 note, I think we all need to remember our former 17 maintenance director Tim Bollier, his wife passed away 18 this weekend. I think services are Wednesday at 11. 19 And just remember the Bollier and the Lehmann families 20 in your prayers. 21 JUDGE POLLARD: That's at the Methodist 22 Church? 23 COMMISSIONER REEVES: That's correct. 24 JUDGE POLLARD: All right, we go to item 1.1 25 on the agenda consider, discuss and take appropriate 9 1 action regarding Kerr County Commissioners' Court 2 nomination of a Board Member for the Kerr County 3 Appraisal District. Mr. Moser. 4 COMMISSIONER MOSER: Thank you. Thank you, 5 Judge. This subject had been brought up several times, 6 it was brought up last Commissioners' Court. I think 7 clearly we know that there are two people that would 8 like be considered for the nomination for this, and if 9 appropriate I would like to see if they would like to -- 10 the two people so far or anybody else that would like to 11 be nominated for this would like to come up and say 12 something about why they're interested. And then after 13 they speak, I will make a motion on how to -- it's a 14 procedural motion on essentially see if -- make a motion 15 that the Court vote on with that. 16 JUDGE POLLARD: Okay. Call one of them up. 17 COMMISSIONER MOSER: Let's see, we've got a 18 couple of letters of interest. We got it from Eric, 19 Eric Lantz, and Eric's here if he'd like to -- and then 20 from Judy Webb Smith. 21 Caught you by surprise there. 22 MR. LANTZ: How are y'all? 23 JUDGE POLLARD: Fine. How you doing? 24 MR. LANTZ: Doing great. I've been a member 25 of Kerr County for the last 42 years, and I deeply care 10 1 about the County and I feel that the incoming flux is 2 coming from the east, and I live on the east end of the 3 County. I think it's important that we have somebody 4 representing from the east end of the County and we can 5 keep tabs on everything. Do y'all have any questions of 6 me? 7 COMMISSIONER MOSER: I thought it was a very 8 nice letter. Thank you. And your credentials are 9 certainly impeccable. 10 MR. LANTZ: Okay. Thank you very much. 11 JUDGE POLLARD: Okay, thank you. 12 Judy. 13 MS. SMITH: Good morning, Judge and 14 Commissioners. I appreciate being considered as a 15 nominee to take the place of vacancy of Chuck Lewis for 16 the Kerr County Appraisal District Board of Directors. 17 I am aware of all of the KADS duties and authorities of 18 the Board of Directors, and my objective would be to 19 make KCAD an even better public service. And with that 20 said, by taking my 30 years of experience and expertise 21 that was delineated in my letter to you and the resume, 22 which I think all of you have. 23 And I would like also to say that I have the 24 time and I would be totally committed to serve in this 25 position. Thank for your listening and thank you for 11 1 your consideration. Do you have any questions? 2 COMMISSIONER MOSER: No. Thank you. 3 MS. SMITH: Thank you. 4 JUDGE POLLARD: Thank you very much. 5 COMMISSIONER MOSER: And before I make a 6 nomination and I don't know if the County Attorney 7 has had a -- I was going to make a motion that they, the 8 Commissioners' Court vote on the two candidates if 9 that's appropriate? 10 MRS. STEBBINS: I think the appropriate 11 action is to make a motion for which candidate -- 12 whichever you want to have a second for, and then vote 13 on that. 14 COMMISSIONER LETZ: Can I make a comment? 15 You know, my understanding is that the Appraisal Board 16 will make this appointment. All we're doing is making a 17 nomination. And we can nominate both and leave it on 18 them. 19 COMMISSIONER MOSER: Well we've never done 20 that before. I know last time -- last time we came up, 21 I wanted to nominate somebody, but we chose to nominate 22 only one. 23 COMMISSIONER LETZ: That was different. 24 That was when we were voting. This is a different 25 situation. We don't make the vote. We don't make the 12 1 discussion. 2 COMMISSIONER MOSER: Well, that's the same 3 thing then, we were making a nomination for somebody for 4 the Appraisal District Board to vote on. It was same 5 thing. 6 COMMISSIONER REEVES: Well, I really don't 7 think it's the same thing. The first one was selecting 8 nominations of which we're allocated so many votes based 9 on our tax base. And Miss Bolin, you can correct me if 10 I'm wrong on this, we have enough tax base where we 11 effectively gave the majority of the votes to ensure 12 that we had one member representative of Kerr County, 13 and the remaining votes went to Mr. Crane out in west 14 part so the small school districts could put their votes 15 with him, and they could be represented. Mr. Lewis was 16 chosen just simply because of geographics and because of 17 his experience was my reasoning. I'm sure you can look 18 back in the minutes on that. It's my understanding 19 though we can only make one nomination, is that your 20 understanding, Mrs. Bolin? 21 MS. DIANE BOLIN: I think you can do both, 22 because they're two unexpired terms, and that's the 23 reason that the Board will choose. You just get to 24 nominate. 25 COMMISSIONER REEVES: KISD, has their 13 1 nomination ceased? 2 MS. DIANE BOLIN: I don't know if they have 3 or not. 4 COMMISSIONER MOSER: Well, I'm still 5 confused about why it's different. Because we wanted to 6 have two last time, and now we brought up, too, and one 7 was nominated because I know I remember saying that I 8 thought it was -- you know, Chuck Lewis had done a great 9 job, I think it would be appropriate to have a change, 10 and that didn't go through. 11 COMMISSIONER REEVES: I believe that was 12 because we were nominating not for an unexpired term, 13 we're unexpired, our nomination is simply to be 14 presented to the KCAD Board of directors along with any 15 other nominees. 16 COMMISSIONER MOSER: But at that time the 17 KCAD Board selected, or they selected the person to be 18 on the Board, is that not correct? 19 COMMISSIONER REEVES: That's not correct. 20 COMMISSIONER MOSER: Oh, it's not correct. 21 Okay, okay. They were using the votes that we -- 22 COMMISSIONER REEVES: Votes that we -- 23 COMMISSIONER MOSER: -- sent with that? 24 COMMISSIONER REEVES: Right. 25 COMMISSIONER LETZ: My thought has always 14 1 been on this, and I mentioned to you this last Court I 2 think it's important that we have a member from the 3 eastern part of the County. And, you know, I think Judy 4 Webb Smith would be a fine -- a great candidate. My 5 concern is that we'll have basically -- right now Mr. 6 Freedle's on there from KISD and he's in Kerrville South 7 where he lives right off right passed the Lutheran 8 Church. And Judy Eychner's representing the City, and 9 Mr. Crain's from Hunt. And then KISD has another 10 opening which will be within their area, so if we don't 11 put Mr. Lantz on there the eastern part of the county 12 will not have a representative. 13 COMMISSIONER MOSER: Well, I think Miss Judy 14 Webb Smith lives in the Eastern part of county. 15 COMMISSIONER LETZ: Lives in River Hills, 16 doesn't she? 17 COMMISSIONER MOSER: Yeah. That's the 18 eastern part. 19 COMMISSIONER LETZ: It's your Precinct, I 20 agree. I'll be -- you know, I think she'd be fine, but 21 from the standpoint I think we need rural representation 22 and have basically all but one living in the City, or 23 right in the -- cluster right in the City of Kerrville. 24 COMMISSIONER REEVES: Well, I tend to follow 25 that, too. As well as I believe Eric being on the east 15 1 end of the County he also understands just from his job 2 the entire county needs, and is experienced in the 3 Comfort ISD. 4 COMMISSIONER MOSER: Well, I think we both 5 read -- everybody's read their letters and their 6 experience. 7 Well, I'll make a motion that we -- Kerr 8 County nominate Judy Webb Smith to be our candidate for 9 consideration and vote by selection of the Kerr County 10 Appraisal District. That's my motion. 11 JUDGE POLLARD: Is there a second? 12 COMMISSIONER BELEW: I'll second. 13 JUDGE POLLARD: Been moved by Commissioner 14 Precinct 2, seconded by Commissioner Precinct 1 to 15 nominate Judy Webb Smith as the candidate for the 16 vacancy created on the Appraisal District Board on 17 behalf of the county, and is there any further 18 discussion, or comment, or question? 19 COMMISSIONER LETZ: I made my comments. I 20 think it needs to be an eastern member of the -- farther 21 eastern rural part of the county to keep a balance. 22 JUDGE POLLARD: Okay. 23 COMMISSIONER BELEW: Well, you also said 24 that we could nominate two. 25 COMMISSIONER LETZ: But that's not what his 16 1 motion was. I think I would go along with nominating 2 two if we can do that. 3 COMMISSIONER REEVES: And I question whether 4 we can or we can't, because KISD's nomination, I 5 believe, are closed. 6 COMMISSIONER BELEW: They're both very good. 7 COMMISSIONER LETZ: Yeah. I have no 8 problem. It's just the geographic question to me. 9 JUDGE POLLARD: Yeah, but the motion was 10 just for the appointment of Judy. 11 COMMISSIONER MOSER: Yes. 12 JUDGE POLLARD: All right, any further 13 comment or question. If not those in favor of the 14 motion raise your right hand. 15 Those opposed? 16 JUDGE POLLARD: I vote with the affirmative 17 vote. Okay, all right. It's passes three to two. 18 All right. Let's go to item 1.2 consider, 19 discuss and take appropriate action regarding 20 application for The Camp Recovery Center, Center Point, 21 Texas (Starlite Recovery Center) to amend the Water 22 Quality Permit to authorize a change in the method of 23 effluent disposal from surface irrigation to discharge 24 treated wastewater at a volume not to exceed 12,000 25 gallons per day into a swale, thence into Verde Creek, 17 1 and tensed into -- not tensed into, but thence into the 2 Guadalupe River. Commissioner Moser. 3 COMMISSIONER MOSER: Okay. Thank you, 4 Judge. Before the session began, I mentioned -- or the 5 agenda discussion began, I mentioned the fact that we 6 had a Town Hall Meeting in Center Point a couple weeks 7 ago. A hundred people or so showed up. The subject is, 8 okay, and I believe everybody's got some background on 9 this, the Starlite Facility, or Recovery Center, I think 10 it's also called, is proposing to modify application 11 that they have for discharging wastewater from their 12 active sewer system. And the proposal is, is to 13 discharge it into Verde Creek into a swale, and thence 14 into Verde Creek, and thence into the Guadalupe River. 15 There were a number of people there that live on Verde 16 Creek and live in the proximity of that facility that 17 object to that, okay? Because the current permit is for 18 Starlite to discharge their wastewater for irrigation 19 purposes for trees and vegetation and so forth. 20 So there's -- I drafted a letter and I'm 21 going to make a motion that we send this to Starlite. 22 We asked Starlite to be there to have that discussion, 23 they chose not to attend, so their engineering firm, a 24 reputable well established engineering firm from Boerne, 25 South Texas Wastewater were there to explain what they 18 1 were doing, what their process was going to be. They 2 are also proposing to have the capacity to discharge 3 12,000 gallons per day of wastewater into Verde Creek 4 directly, okay, down a swale and then into Verde Creek. 5 And their current permit is for 17,000 gallons, so 6 they're reducing it so it's not obvious to many of us 7 why they're asking for a permit for lesser volume of 8 discharge to be directly into Verde Creek as opposed to 9 using for irrigation. So the letter that you have a 10 copy of, it makes three recommendations. It recommends 11 that number one, is that they use their discharge for 12 irrigation purposes and not discharge into Verde Creek. 13 Number two is for them to assess hooking 14 into the central Wastewater System that the county is 15 putting in for a cost of 63 million dollars, okay? It's 16 right across -- 17 JUDGE POLLARD: Not 63 million to them? 18 COMMISSIONER MOSER: 63 million to the total 19 cost, total cost. 20 JUDGE POLLARD: Right. 21 COMMISSIONER MOSER: Most of it's by grant, 22 I might say. By grant; not by taxpayers. And that's 63 23 million is with interest and everything else. See, I 24 surprised Charlie with that number, but that's what it 25 is. 19 1 And the second point is to assess that. 2 Now, that's going to be little bit of engineering work 3 to do this, because they're a hundred feet or so above 4 the existing sewer lines, so it's going to have to be 5 some stairstep or something to slow the velocity coming 6 down in there. It's got enough head on it. As a matter 7 of fact you want to de-pump it, okay. You want to 8 depressurize it coming down. But we would -- second 9 question is please look at that. That's a long term 10 thing, which we -- you know, could have long term 11 benefits to Starlite as far as cost of operations and 12 the future's concerned. And if they choose, our system 13 can handle that capacity that they're proposing to do. 14 And the third thing in the letter is if they 15 choose not to do any of those then the county will 16 support having a public hearing on this. And I've 17 noticed that Representative Murr's Kelly Early is here, 18 and also the State Legislative Representative, and also 19 ask that a public hearing be held with TCEQ. 20 So I'm not going to read the letter, but I 21 will have some people discuss it, but my motion is going 22 to be that to resubmit that letter and draft it and 23 authorize the County Judge to sign same. 24 COMMISSIONER LETZ: I'll second. 25 JUDGE POLLARD: You second? 20 1 COMMISSIONER LETZ: Yes. 2 JUDGE POLLARD: All right, the motion's to 3 authorize the letter to be submitted, is that correct? 4 COMMISSIONER MOSER: Correct. And signed by 5 the Judge. 6 JUDGE POLLARD: And executed by the County 7 Judge. That motion was made by Commissioner Precinct 2, 8 that motion was seconded by Commissioner Precinct 3. Is 9 there any further comment or question? 10 COMMISSIONER LETZ: I'll make a comment. I 11 was at the public hearing, at least most of it, and 12 definitely there's a lot of concern in that community 13 about this permit. And I think this is an appropriate 14 way to, you know, get more information, explore -- 15 encourage them to explore more options, and we urge TCEQ 16 to get in there. 17 JUDGE POLLARD: All right. Any further 18 comment or questions? There being none, those in favor 19 of the motion signify by raising -- 20 COMMISSIONER LETZ: He has a question. 21 MR. SMART: My family property adjoins 22 Starlite. 23 COMMISSIONER MOSER: Tell us what your name 24 is and where you live. 25 JUDGE POLLARD: Name and address first. 21 1 MR. SMART: Mickey Smart. I live at 221 2 Wyatt Avenue, but the family farm is 551 Mosty Lane. 3 And I've talked to Mr. Moser, and I still received no 4 correspondence. And I think there's other landowners 5 here that would like to know why we're not getting any 6 of this. 7 COMMISSIONER MOSER: No correspondence from 8 Starlite? 9 MR. SMART: None. The only reason I'm here 10 right now is Julie Mosty Leonard, she told me. I talked 11 to you about it three weeks ago, four weeks ago. Gave 12 you my email address, everything else. I'm still 13 getting nothing. And we're the largest landowner 14 adjoining Starlite. Why, what's the deal here? I don't 15 even know what y'all are talking about as far as letters 16 or anything else. 17 COMMISSIONER MOSER: I think -- I think, you 18 know, I don't know if the County Attorney has anything 19 to say about this, I think she was out when all this 20 happened. But I think for the permit, revised permit 21 application, Starlite or their representative who is 22 South Texas Wastewater is required to contact everybody 23 within -- you remember, Jonathan, a mile? 24 COMMISSIONER LETZ: A mile, I believe. 25 COMMISSIONER MOSER: A mile of that 22 1 location. So if the property owners have not been 2 contacted, the ball falls on their side of the court, 3 okay? 4 MR. SMART: Okay. Well if you look at the 5 map, and I don't know if you got the map. We own 4, 5 6 and 21. There's approximately 90 acres and most of it's 7 along Verde Creek. 8 COMMISSIONER MOSER: I think there's a lot 9 of issues. I think that's an issue. So there's some 10 things that appear to be falling through the crack on 11 this? 12 MR. SMART: I'm just wondering how we can 13 vote on something that a lot of us don't even know 14 what's going on. 15 COMMISSIONER MOSER: Well, what it is we're 16 voting on a letter to encourage them to communicate 17 basically. And also to look at options rather than 18 discharging in Verde Creek, that they look at that. And 19 that letter will go to -- to Starlite, and the letter 20 will go also to South Texas Wastewater, in addition to 21 Representative Murr. So it's -- I think we're in full 22 accord with what you're concern is. 23 MR. SMART: Okay. All right, you have got 24 the letter? 25 COMMISSIONER LETZ: If I might make a 23 1 comment. 2 COMMISSIONER MOSER: Sure. 3 COMMISSIONER LETZ: Quite a few people at 4 the hearing, and Mr. Smart here you may have been at the 5 hearing -- 6 MR. SMART: No. I knew nothing of the 7 hearing. I heard two days later about the hearing. 8 COMMISSIONER LETZ: Not a hearing; it was a 9 meeting. But could we add a paragraph in there that a 10 number of the residents in the area stated that had 11 not -- they were not notified, and that's a TCEQ 12 requirement, and that should carry some weight with 13 TCEQ. 14 MR. SMART: I mean, I am -- my fence line's 15 are Starlite, you know. So every time somebody gets 16 away, they're in my hay barn or whatever, so I'm quite 17 familiar with Starlite, believe it or not. 18 COMMISSIONER MOSER: I will renew my motion 19 to further request -- or as stated by Commissioner Letz 20 to add a paragraph in there that many of the residents 21 and have have not been notified of this proposed permit 22 application revision. 23 MR. SMART: Thanks. I appreciate that. 24 JUDGE POLLARD: And that man back there 25 keeps raising his hand, you want to stand up. 24 1 MR. McCALLUM: Yes, thank you. My name's 2 David McCallum and I'm the President of the home owner's 3 association at Center Point Estates. Several of our 4 homeowners are here, there's 49 of us. I was at that 5 meeting. Thanks for having that, Tom. It was a good 6 meeting. Got a little lively, but it was a good 7 meeting. 8 Since I was at that meeting I've been 9 pouring over this filing, the stuff that the State House 10 says that this filing is complete. It's complete. 11 COMMISSIONER MOSER: Turn the microphone on. 12 MR. McCALLUM: I'm sorry. Is it on? 13 COMMISSIONER MOSER: Yeah. 14 MR. McCALLUM: It's complete. It's 15 completely fantasy. There are more misstatements in 16 this thing. Well, here's just the side notes. Things 17 he said he did, this engineer, he didn't do them. 18 Nothing got their notices. I was 37 years in the title 19 insurance business. If you do an official notice you do 20 it by the U.S. Post Office registered mail. No such 21 evidence any of that ever being done. I have a list of 22 mailing labels, I have a letter to the only property 23 owner who he has to notify because it's an infringement 24 on hills property rights when they dump that down the 25 hill. He lives in Manchaca supposedly. Never found 25 1 him. He said he was going to mitigate that by putting 2 some bushes up along the property line so he wouldn't 3 smell it. That's in his notes, it's in the filing. I 4 can't even -- if you have the time for me to go through 5 all these things -- 6 COMMISSIONER MOSER: Well, I think, and I 7 don't want to stop you, but I think your concerns are 8 the type of things that would be presented at a public 9 hearing, and so what our letter is recommending is at a 10 public hearing, if they do not take all the corrective 11 actions and notify everybody and be able to communicate, 12 then a public hearing would be held. 13 MR. McCALLUM: But TCEQ has already declared 14 this filing complete. 15 COMMISSIONER MOSER: No. They said they 16 received it. 17 MR. McCALLUM: I've got the letter. They 18 said it's complete. 19 COMMISSIONER MOSER: No. Well, they -- 20 MR. McCALLUM: It's right here. 21 COMMISSIONER MOSER: If I'm not mistaken, I 22 think it says that they -- 23 MR. McCALLUM: Hang on. 24 COMMISSIONER MOSER: -- that they have 25 received the application for revision of the permit. 26 1 MR. McCALLUM: They said it's approved and 2 complete. 3 COMMISSIONER MOSER: Yeah, the application 4 is then, right. But pubic hearing -- 5 MR. McCALLUM: By the way, all these papers, 6 they don't even relate to this project. They're for a 7 project in Bergheim, those on top of it, this engineer. 8 That's Bergheim. 9 COMMISSIONER MOSER: Well, I don't think we 10 should -- and I'm -- I think you and I and everybody 11 else is on the same -- Commissioner Letz is on the same 12 page. We want all this to be clarified, okay, before 13 any permit is approved, and so -- and that's the 14 objective of our action here. 15 MR. McCALLUM: If I might suggest -- 16 COMMISSIONER MOSER: Sure. 17 MR. McCALLUM: -- you add something else in 18 there that says you will notify TCEQ of your opposition 19 of this, to this filing, so that they know that this 20 county's not in favor of this. If that's possible. 21 COMMISSIONER MOSER: Well, that's our third 22 action is to notify TCEQ. 23 MR. McCALLUM: In that same notice. 24 COMMISSIONER MOSER: Right. 25 COMMISSIONER LETZ: That's in the letter 27 1 already. 2 COMMISSIONER MOSER: It's in the letter, 3 yeah. Right. 4 MR. McCALLUM: Okay. This thing is fantasy. 5 I have pictures by the way if you want them. I've got 6 Ken over here making copies. 7 COMMISSIONER LETZ: I mean I don't need 8 them. I know the problem. 9 MR. McCALLUM: Well, I don't know if 10 everybody else is familiar with this, what it looks like 11 and where this thing is. 12 COMMISSIONER LETZ: Very familiar. 13 COMMISSIONER MOSER: But thank you. 14 MR. McCALLUM: You're welcome. It's all I 15 do anymore. 16 MR. GABLE: Good morning. I'm Dan 17 Gable(phonetic), I live at 301 Center Point Drive East. 18 First action I would propose as a citizen of Kerr County 19 that we get copies of what Mr. Dave has presented so 20 that all the commissioners have access to the 21 information within that CRC report so that we can make 22 an informed decision on potential further action down 23 the road. 24 In addition to the proposed memo that's on 25 the table today as stewards for good water quality in 28 1 Kerr County we owe it to our subsequent generations to 2 have good water quality. That's part of our job as 3 stewards for the County. I believe this is not in the 4 best interest of the people of Kerr County and the 5 entire County. For instance, in the future we may be 6 considering whether or not to have a reservoir down 7 further in the Guadalupe River toward Comfort. If we're 8 pumping 12,000 gallons effluent every day into the 9 Guadalupe, the new reservoir will not be fit to drink. 10 All that accumulated waste, effluent, will end up in 11 that new reservoir and will end up with a situation like 12 we did out by the airport where the sewer system could 13 not keep up with processing all that waste and 14 disseminating it. Making it safe for the people of Kerr 15 County, the entire County. Not just East Kerr County, 16 not just along the Guadalupe, not just along Verde Creek 17 or Elm Creek, not just the Mosty Ranch, but the entire 18 Kerr County. This is a Kerr County issue that we owe it 19 to our next generation to take action to ensure that we 20 are good stewards for them in the future. This is not 21 about whether or not whether or not they are taking 22 appropriate action; this is about us being good stewards 23 for the taxpayers of Kerr County. I don't believe that 24 it is in the best interest of the people of Kerr County 25 to allow this type of effluent disposal into the 29 1 Guadalupe River shed. And I would like to go on record 2 saying I totally oppose this type of action. 3 Thanks for the time. Got any questions? 4 COMMISSIONER MOSER: Not a question, but a 5 comment. I think it's very important for everybody to 6 understand that TCEQ has the decision authority on this. 7 And I would encourage all the residents, okay, 8 communicate with TCEQ. We, as Commissioners' Court, in 9 this letter is just another entity communicating with 10 TCEQ, so therefore everybody has a concern should 11 communicate directly with TCEQ and voice your opinion 12 and what you just said is helpful and should be 13 communicated to them. And hopefully they will choose to 14 have a public hearing, and that's reason we have 15 asked -- or that the Representative Murr's office 16 representative is here, because he can also call for a 17 public hearing, as I understand it. 18 JUDGE POLLARD: Go ahead, Kelly. 19 MS. EARLY: There has been some issues going 20 online to make a complaint or to voice your concerns 21 with the TCEQ website. If anyone has issues I'm happy 22 to help you get that complaint to them. So you can 23 always -- I'll give you my card. You can drop it by my 24 office and I'm happy to scan it and email it to TCEQ and 25 I'll make sure that they received it. Because it is 30 1 really important that you do voice your concern and they 2 do look at the number of people who have an interest in 3 the permit, so -- 4 JUDGE POLLARD: Okay. For those of you that 5 don't know. That's Kellie Early, she's with 6 Representative Murr's office. So that's who you call, 7 okay, to get that information from her. 8 COMMISSIONER MOSER: And her office is right 9 across from the City Hall on Water Street. 10 MR. McCALLUM: One quick one? 11 COMMISSIONER MOSER: Sure. 12 MR. McCALLUM: I would like to get a 13 definitive idea whether or not the Commissioners' Court 14 is going to contact TCEQ. 15 COMMISSIONER MOSER: That's the letter, 16 right, 17 MR. McCALLUM: You're going to send that to 18 them? 19 COMMISSIONER MOSER: We're going to send a 20 copy to them. 21 JUDGE POLLARD: That's what we're doing, 22 we're sending a letter to them. You guys are -- somehow 23 got the impression I'm thinking that we make the 24 decision as to the permit. 25 MR. McCALLUM: No. I know you don't. 31 1 JUDGE POLLARD: It's TCEQ. TCEQ is going to 2 make that decision, okay? 3 MR. McCALLUM: Yep. 4 COMMISSIONER LETZ: I think -- if 5 Commissioner Moser would, I think in addition to the one 6 amendment I made, maybe make it a little bit even 7 clearer about that it's not -- 8 JUDGE POLLARD: Let's just make sure, 9 restate the motion as amended, okay? 10 COMMISSIONER MOSER: Okay, let him finish. 11 COMMISSIONER LETZ: Or I can restate it. I 12 think we oughta be a little bit stronger about the TCEQ 13 portion and the protest. 14 COMMISSIONER MOSER: I think we should make 15 a motion we accept that letter as modified about adding 16 a paragraph in there about the concerns by the residents 17 in the area and for all of Kerr County as you well 18 pointed out, and also that -- 19 JUDGE POLLARD: And for by Commissioners' 20 Court on behalf of the citizens. 21 COMMISSIONER MOSER: And a stronger 22 statement about this county recommends that TCEQ have a 23 public hearing on the thing. 24 COMMISSIONER LETZ: And my second includes 25 that. 32 1 COMMISSIONER MOSER: Okay, good deal. 2 JUDGE POLLARD: Motion made by Commissioner 3 Moser Precinct 2, seconded by Commissioner Precinct 3 as 4 stated in the record now. 5 Yes, Ma'am. 6 MS. WIER: My name is Sue Ellen Weir, and 7 like others in this room, I have property on both sides 8 of Verde Creek. And I have a packet I would like to 9 leave with all of you, if possible. And if you'll just 10 bear with me. Okay. The absence of Starlite's 11 administrative staff and the rapid progress toward the 12 application toward the TCEQ licensing demands 13 intervention by the Kerr County Commissioners' Court. 14 Specifically negotiations with Arcadia Health Care 15 Company corporate office in Franklin, Tennessee. 16 Additionally the Commissioners' Court should mediate 17 application and accuracy with the TCEQ. The TPDES 18 application should be returned for corrections. And I 19 have some of those in that packet. 20 Commissioners' Court is the only elected 21 representative pursuant, and therefore carries 22 considerable influence with the government agency such 23 as TCEQ. Thank you. 24 JUDGE POLLARD: Thank you, Ma'am. All 25 right, is there any further comment, question or 33 1 discussion about the motion on the floor? All right, 2 those in favor of the motion signify by raising your 3 right hands. Those opposed like sign. That's a four 4 zero vote. One abstention, myself. 5 All right, we move on to the next item on 6 the agenda 1.3 consider, discuss and take appropriate 7 action concerning a request to establish load limits, 8 reduce the speed limit, and establish road closure to 9 truck-thru traffic for Center Point River Road in 10 Precinct 2. Mr. Moser and Charlie Hastings. 11 COMMISSIONER MOSER: Thank you, Judge. I'll 12 kick this off, and then Charlie has done a lot of work 13 on the subject. The residents in the area of Center 14 Point River Road came to the Court, several months ago 15 actually, with a very detailed and performance study on 16 what could can be done about traffic load limits and so 17 forth and the concern about safety and degradation of 18 the road, and they presented that, and the action by the 19 Court was then to have the County Engineer perform some 20 engineering tasks which include traffic count, load 21 limit, calculations and things like that, so this is a 22 follow-up to that. And let Charlie present his thing. 23 MR. HASTINGS: Thank you. In a letter dated 24 April 18th, 2018 from a group who identifies themselves 25 as a Community of Neighbors surrounding Center Point 34 1 River Road. A request was made by Gloria Louk, Linda 2 Moore, Alex Dingman, and Bob Tyler for weight limits to 3 be established on Center Point River Road from 4 Sutherland Road to State Highway 173. This is in 5 Precinct 2. Transportation Code Section 621.301 states 6 that the Commissioners' Court of the County may 7 establish load limits for any county road or bridge only 8 with the concurrence of the Texas Department of 9 Transportation. A load limit shall be deemed concurred 10 with the Texas Department of Transportation 30 days 11 after the county submits to the Texas Department of 12 Transportation the load limit accompanied by supporting 13 documentation and calculations reviewed and sealed by an 14 engineer licensed in Texas, though the Texas Department 15 of Transportation may review the load limit and withdraw 16 concurrence the at any time after the 30-day period. 17 In accordance with the Transportation Code 18 requirements a geotechnical pavement investigation was 19 performed on Center Point River Road by Rock Engineering 20 to determine the load capacity of the road for the Court 21 to establish any possible load limits. In addition, 22 traffic counts were conducted to be considered along 23 with the load capacity study. The results are attached 24 to the table that I gave y'all and I'll read that now. 25 There were several concerns that were cited 35 1 in that document. I've got four that I've listed. I 2 don't think I've missed any. But number one the 3 pavement width being 20 feet wide was a concern. The 4 speed limit 45 miles per hour was a concern. No weight 5 limit was a concern. And the road being used for 6 truck-thru traffic was a concern. Those were the four 7 concerns. 8 We'll go to the first one, the pavement 9 width being 20 feet wide, their claim it's too narrow. 10 Our Kerr County standard specifications requires 11 pavement width of 20 feet for residential, that's up to 12 800 vehicles per day is the capacity of that road. 13 That's 20 feet wide and 24 feet wide for a collector, or 14 an arterial road, so that would be anything over 800 15 vehicles per day. Kerr County's standard specifications 16 require pavement widths of 20 feet, and that's our 17 response to that. That's about 83 percent of all of the 18 county roads that we have are 20 feet wide or less. And 19 we've got some that are 12 feet wide, okay, so I wanted 20 y'all to take that into consideration. 21 Speed limit 45 miles per hour, they're 22 claiming it's too high. Texas Manual on Uniform Traffic 23 Control Devices require speeds set to coincide with the 24 85th percentile speed. We did do several traffic 25 studies on there, and our 85th percentile speed at the 36 1 three test sites ranged from 47 to 51 miles per hour; 2 therefore, the speed is properly set right now at 45 3 miles per hour. If that 85th percentile speed was 38 4 miles per hour, something closer to 35 then setting that 5 road at 35 would be appropriate, but at this time it's 6 appropriately set at 45 according to laws. 7 Third concern no weight limit. They were 8 requesting a limit of 58,420 pounds. Rock Engineering 9 and Testing Laboratory pavement investigation dated 10 August the 2nd, 2018 recommends a gross vehicle weight 11 limit as follows: 13,500 pounds for a rear single axle 12 truck, or 20,000 pound rear tandem axle truck, or 35,000 13 pound for an 18-wheel truck. That's well below what 14 they're requesting. They were requesting a 58,420 pound 15 limit. If we were to have the type of truck traffic 16 that would require some type of load limit then the load 17 limits I just listed by Rock Engineering would be 18 appropriate; however, let me read you the response. The 19 truck traffic at the three test sites that we did on 20 Center Point River Road ranged anywhere from five to 21 seven trucks per day. Rock Engineering and Testing 22 Laboratory pavement investigation dated August the 2nd, 23 2018 states that acceptable vehicles to use the road 24 include cars, pickup trucks, flatbed trucks, light 25 delivery vans, and school buses. Heavy single axle 37 1 trucks, tandem axle trucks, concrete trucks and 18-wheel 2 trucks may occasionally use the road; however, regular 3 use should be avoided. 4 Right now at that low of a count five to 5 seven trucks per day we're in the occasional use right 6 now. When we start hitting something more like 50 7 trucks a day then that would be cause for concern, and 8 at that time it would probably be appropriate to 9 institute some type of weight limit. 10 The fourth thing that they ask for, or the 11 fourth concern, was the road being used for truck-thru 12 traffic, and they were requesting a closure to 13 truck-thru traffic so there's signs you can put up; you 14 don't even need a weight limit, it just says no trucks. 15 The standard on that is that a no thru truck sign will 16 restrict all trucks with a load capacity 2000 pounds or 17 more. So if you got a F350 one-ton truck, you can't go 18 down that road if that sign's up. The use of no thru 19 trucks would restrict any vehicle with a one-ton 20 carrying capacity from using the road. This includes 21 non commercial pickup trucks, so even your own personal 22 F350 would be an issue; therefore, that's not 23 recommended to put that up. 24 Taking everything into consideration, and 25 that's what I'm going to ask y'all to do is -- I've laid 38 1 out the facts for you to consider. I think at this 2 point, at least from an engineering standpoint, it seems 3 like maybe we're a little premature. That one of these 4 days it might hit the truck traffic, but right now we 5 don't. 6 COMMISSIONER MOSER: So, Charlie, I have a 7 question on the third item of the weight of the trucks. 8 MR. HASTINGS: Yes, Sir. 9 COMMISSIONER MOSER: You said there's five 10 to seven per day? 11 MR. HASTINGS: Yes, Sir. 12 COMMISSIONER MOSER: And if there's up to 50 13 there would be a problem. But what did Rock 14 Engineering -- or did they recommend what the count 15 would be before this would be a problem that it should 16 be -- have a load limit reduction? 17 MR. HASTINGS: 50 or more. 18 COMMISSIONER MOSER: So they said 50 or 19 more? 20 MR. HASTINGS: Yes. 21 COMMISSIONER MOSER: Okay. 22 COMMISSIONER BELEW: So the weight limit, 23 you can't post a sign that says no trucks over a certain 24 weight limit, it just -- 25 MR. HASTINGS: You can do it both ways. 39 1 They requested both. They said a weight limit, and then 2 they asked for no trucks. There's a -- 3 COMMISSIONER BELEW: We need to decide one 4 or the other. 5 MR. HASTINGS: Or none. 6 COMMISSIONER BELEW: Or none. 7 MR. HASTINGS: Yes, Sir. I think the 8 concern is that if you were to go with what's 9 recommended, because if we do this and we go with the 10 weight limit, we gotta turn our report in to TxDOT. 11 JUDGE POLLARD: And they have to approve it. 12 MR. HASTINGS: And they're going to look at 13 it and they're going to see, well you've only got five 14 to seven trucks, so I'm not real sure why you're doing 15 this. The other thing they'll see is, you know, the 16 weight limit of 35,000 pounds for an 18-wheeler. And I 17 know in their report they had recommended 58,420, 18 because that was the threshold that was going to help 19 with people pulling RV's and what not, and some of the 20 bigger RV's and I know there's an RV park down the 21 street there. So that was why to me in reading the 22 report, I don't want to put words in their mouth, but I 23 think that's why they were recommending that. This 24 would been less than that. So that would exclude folks 25 from going to that RV park from using that road. Maybe 40 1 not all of them, but some of them. 2 JUDGE POLLARD: Is there a Mr. Rich -- I 3 can't read it, land or something like that, that lives 4 at 69 -- 5 MS. LOUK: I'd like to speak first for him, 6 if I can. 7 JUDGE POLLARD: Step forward, identify 8 yourself by name and address. Limit your comments, 9 please, to three minutes. 10 MS. LOUK: Okay. Thank you very much for 11 allowing me to present to you. I was very involved -- 12 my name is Gloria Louk, I live at 691 Pass Creek Road. 13 I'm part of the Center Point River Road community and 14 there are a number of us here. I'd like to address what 15 Mr. Hastings has said. I think one of the things that 16 has not been addressed in what the Rock Engineering & 17 Testing reported on, is the fact of the design of the 18 road. The design of the road, there is one stretch 19 where you have clear view and you can see what's coming 20 at you, but a majority of that road has curves, dips, 21 has trees close to the side of the road, so that when 22 you go to avoid a big vehicle, you're off the pavement, 23 and it is not safe. There are a couple of areas that we 24 go through on a daily basis several times a day where 25 you can't see over the road, so you don't know what kind 41 1 of traffic is coming at you. And you get the big -- the 2 big trucks, you get the cement haulers, any big vehicle 3 is a real dangerous issue for anyone on that road, and 4 that is one of the reasons, primarily safety, that we're 5 talking -- that we're asking that you consider lowering 6 the speed limit. On that one straight stretch of road, 7 yes, you can see what's coming at you, but you're still 8 going to have to go off the road into the grass at this 9 area. Whether you're driving at 30 miles an hour or 45 10 miles an hour you're going to have to go off the road. 11 That is not safe on a majority of the road. And then 12 you get down to Brinks Crossing, or Monkey Island, and 13 that is a one vehicle bridge. And there are a lot of 14 kids, a lot of families that use that frequently, and 15 that too is a safety issue. And I really express our 16 concern as a group to the Commissioners that action 17 action be taken to limit the traffic and reduce the 18 speed limit. 19 Now one of the reasons we put down that 20 58,000 pound weight limit is we did not realize there 21 were other choices that you could go lower in the weight 22 limit, and that's what we strongly recommend that below 23 that 58,000. The RV park is at one end of Center Point 24 River Road almost right after you turn off of 25 Sutherland, and Sutherland is the the road that is 42 1 recommended that RV's take in so they avoid the trees 2 and the curvy part of Center Point River Road. And so I 3 think by posting no truck thru traffic and posting 4 weight limits people can still get to the RV park in the 5 preferred route that they get to the RV park, but it 6 protects most of Center Point River Road residents, and 7 commuters and travelers. 8 I shutter to think what would happen if we 9 had 50 cement trucks a day traveling down that road. 10 You would be redoing that road every single year, and I 11 don't know what the cost is of redoing that road. I'd 12 like to hear about that, and I think you should take 13 that into consideration. If you're going to decide not 14 to impose weight limits, how often do you want to be 15 redoing that road, and what is the cost to the County to 16 do that when a simple fix could be weight limits, no 17 thru truck traffic, and lowering the speed limit. 18 Lowering the speed limit we believe is going to reduce 19 the amount of truck traffic because there are faster 20 safer routes to go on. 21 I also ask you to consider the fact that 22 Road 480 is weight restricted, and that is a 24-foot 23 road. It is center line divided, has much more 24 visibility than Center Point River Road has, but yet at 25 some point in time the County decided to weight limit 43 1 that road. And that is a much safer -- 2 COMMISSIONER MOSER: It's a State highway. 3 COMMISSIONER LETZ: It's a State road. 4 MS. LOUK: It's a state road. Oh, 1350. 5 I'm sorry, 1350. 6 COMMISSIONER LETZ: It's a state road. 7 MS. LOUK: 1350 is also a state road? 8 COMMISSIONER LETZ: We have no authority 9 over those roads; that's TxDOT. 10 MS. LOUK: Well, if that can be weight 11 restricted, I'm not sure why Center Point River Road. 12 And I know that the Commissioners do have the authority 13 to lower the speed limit, install no thru truck traffic 14 and apply to the State for a restricted road. 15 COMMISSIONER LETZ: Ask you a question on 16 one thing. 17 MS. LOUK: Yes. 18 COMMISSIONER LETZ: You mentioned several 19 times no truck traffic. So you don't want anyone with a 20 Ford F350 or GMC, any one-ton pickup to be able to use 21 that road? 22 MS. LOUK: Not as a thru -- not as a thru 23 road. Now, if they're this coming to a property, coming 24 to a house, if they have business along that. 25 COMMISSIONER LETZ: Do you know how many 44 1 people that that's their personal vehicle? 2 MS. LOUK: Well, and they're coming to -- 3 there are other routes that can be taken. I don't know 4 if you recall the pictures. 5 COMMISSIONER LETZ: I just -- I use the road 6 a lot, and I'm just -- so I can't use the road anymore. 7 MS. LOUK: I understand. I understand. 8 Anyway, thank you very much. 9 I am Rick Louk, I live at the same address 10 she does. And I think the majority of the people aren't 11 looking to restrict normal pickup trucks; we're worried 12 about dirt haulers, gravel haulers, those people. Those 13 are the ones that come through our neighborhood and have 14 no regard for speed limits, and what that road's going 15 to look like. And they try to get out of the way of 16 people coming the other way, and so they go right off 17 onto the shoulder and it breaks the shoulder down. And 18 they've redone that road maybe three months ago, and 19 within a week they had to come back out and patch it 20 again in three places. 21 As far as where you tested that road for 22 speed and so forth, are you saying that 85 percent of 23 the speed was under 51? 24 MR. HASTINGS: 85 percent of the people that 25 travel on that road were traveling anywhere from 47 to 45 1 50 miles per hour -- 51 miles per hour. 2 MR. LOUK: What about the other percent? 3 MR. HASTINGS: It was higher than -- they 4 were over 50, 15 percent. 5 MR. LOUK: So 15 percent were doing faster 6 than -- 7 MR. HASTINGS: Than 51, yes, Sir. 8 MR. LOUK: I think, you know, we're not 9 asking -- we're trying to save the county some money, 10 we're trying to keep people safe. And it seems like the 11 Commission is doing everything it can to try and prevent 12 us from -- 13 COMMISSIONER MOSER: That's not fair. 14 That's not fair. That's -- I just object to that. 15 We're not doing anything to prevent; we're here to 16 listen. We appreciate what you've done. Now we're 17 getting some more data from the County Engineer. So I 18 object to you saying we're trying to prevent, okay? 19 That's not the case. Not the case for me. 20 MR. LOUK: Well, we started this back in 21 January, and it's been prolonged quite awhile. Some of 22 the things didn't get done. If you look at the dates on 23 some of this, August 2nd. I mean we started in January. 24 Anyway, the issue is we would like to see that 25 restricted to a limit for dirt haulers and large trucks, 46 1 and that could be done on the same sign. It doesn't 2 have to say pickups, it doesn't have to say -- it can 3 have a weight limit like he suggested that can be 4 published. I don't think the State's going to care 5 if -- you guys make that decision to restrict the speed 6 limit on a piece of road that's maybe three miles long, 7 and it would satisfy all the people that are here today. 8 That there'd be safer for our kids and our families to 9 drive on that road. And save the county money because 10 you're going to have to keep repairing the road. 11 COMMISSIONER LETZ: I'll make a comment. 12 You know, the speed limit issue is set by state law, and 13 we are using -- or the guidelines are state, and we use 14 those guidelines. And the guidelines say it's 45 on the 15 road. Now, there are some -- and I think there probably 16 is some signage on the curves, I believe on the right 17 corner across from the river it goes down to 20, I 18 believe, or 25. 19 MR. LOUK: That's the other side though, 20 yeah. 21 COMMISSIONER LETZ: But so, you know, the 22 speed limit issue is one that we have to kind of follow 23 the mandates from the State. On the weight limit, you 24 know, I don't have a problem of setting some sort of a 25 weight limit as long as you can do it within the law. 47 1 As long as we're not restricting normal people that 2 drive on that road. But I do have a real concern about 3 a precedent being set. And County Engineer stated -- I 4 think he said 85 percent of our county roads are 20 feet 5 or narrower. All of those roads if you meet another car 6 you're going to have go off onto the grass or the edge 7 of the curb. And if we are setting -- you know, your 8 road's a little bit different than a lot of them, but 9 the precedent all of a sudden we start doing this we get 10 into more and more places around the county it will 11 start hindering a lot of things. So I'm sensitive to -- 12 and some weight limit may be reasonable as long as it's 13 high enough that it doesn't really impact anyone except 14 those big trucks. And I don't know why they want to use 15 that road anyway, but -- 16 MR. LOUK: It gets from them on to 173 so 17 they can get to Bandera. 18 COMMISSIONER LETZ: I know why they do it, 19 but -- 20 MR. LOUK: The other thing is like you said 21 the unique part about that, which I would say would be a 22 good defense to a commission is the fact that the road 23 is unique to itself, with the trees that are in the 24 curves and the ups and downs of the road make it unsafe 25 for big vehicles like that. And we showed a couple 48 1 pictures in our report there that those things with the 2 mirrors on are over 20 feet wide, and with a tree on one 3 side and mirrors -- I mean it becomes a very dangerous 4 situation. 5 COMMISSIONER LETZ: And one other comment 6 and I'll be quiet, Commissioner. 7 COMMISSIONER MOSER: No. Please do. 8 COMMISSIONER LETZ: I think what probably 9 needs to be done or looked at on that road like 10 sometimes we have done other areas in the county on 11 roads is just to acquire a right of way to make it safer 12 because the stretch -- I guess where Wharton Road splits 13 off, and that's intersection to 173, it's very narrow. 14 And that stretch and maybe part of the other part of 15 River Road, additional right of way, it takes time to do 16 it. I've done several roads in my Precinct and that may 17 be another option to see if we can get people to start 18 donating right of way. Because even if you don't have a 19 long -- you know, no plans to immediately widen the 20 road, at some point it would make it safer. 21 COMMISSIONER MOSER: There's another point 22 I want to ask Charlie. On Bandera Pass there's some 23 restriction or recommendation about no truck traffic 24 over the pass going the alternate route. I don't 25 remember. Maybe you remember what -- 49 1 COMMISSIONER LETZ: Medina Mountain. Yeah, 2 they recommend truck traffic take 173; not 16. 3 COMMISSIONER MOSER: So why couldn't we -- 4 because I know what Gloria mentioned awhile ago that 5 there's one huge oak tree right almost within a few feet 6 of the road, and if you -- if an 18-wheeler or something 7 coming toward you and you're between the truck and that 8 road one of them's not going to move, you know. 9 Probably the little car is going to get whacked. So if 10 there's something there that says because of that it's 11 not wait, it's not speed; it's just the fact that it's a 12 narrowly restricted and curvy, it's dangerous, okay, and 13 everybody's saying it's dangerous. And since they do 14 that on Medina Mountain, could we do something like 15 that? Say recommend truck traffic take alternate route, 16 Highway 27 to 173. 17 MR. HASTINGS: We can look at that sign and 18 see if it's something that can be put up. 19 COMMISSIONER LETZ: Well, Charlie, what I'm 20 thinking is, and that road's not real different than, 21 you know, the fork of Wharton Road, or the last part of 22 River Road to Lane Valley, and there there's a speed 23 limit sign that it's 45 on Lane Valley, but there's a 24 three mile or two mile stretch where it's 35, and you 25 could lower it in those areas where -- because of the 50 1 windingness of the road, or the narrow part. That's a 2 possibility, that's an option on Wharton Road, and I 3 don't think you can go 35 on Wharton Road, or shouldn't 4 anyway. 5 COMMISSIONER MOSER: I think we've got some 6 legitimate concerns, okay. Safety, road damage, etc., 7 we'll have restrictions from the State of what we can 8 and can't do. Sounds like there's somewhere in the 9 middle that we could -- we could improve the situation 10 and still stay within our authority. 11 JUDGE POLLARD: Thank you, Mr. Louk. All 12 right. 13 COMMISSIONER MOSER: I want to thank 14 everybody for their -- 15 JUDGE POLLARD: I think we've got some more 16 want to talk. Linda Moore. 17 MS. MOORE: Thank y'all for listening to us. 18 And Linda Moore, 808 Center Point River Road. First of 19 all, I would like to clarify something with Mr. Hastings 20 about the reason that we were wanting to have this 21 restriction put on our road about -- 22 COMMISSIONER MOSER: Linda, pull the 23 microphone up closer. 24 MS. MOORE: -- the RV park. I stated when 25 the very first time to y'all -- that I talked to y'all 51 1 in April that we in no way wanted to restrict the 2 vehicles from going to the RV park. We also talked to 3 the owner of the RV park, and he said that there was 4 only one RV that was over that weight limit of the 5 58,000 and that the salesman had one of those huge RV's 6 coming to their park. That was what was stated then. 7 We did not -- we did not want to restrict it because of 8 that RV park in any way or form, and I want that 9 clarified. 10 Also, since we were here the last time, the 11 traffic has increased. I can see the huge gravel trucks 12 going back and forth in from of my front -- front gate. 13 They're meeting each other, there's a safety hazard. 14 Yesterday, when I was going across Brinks Crossing there 15 were people walking across the road, and a little girl 16 ran right in front of my truck again. The safety issue 17 has to be -- something has to be done about it, or it's 18 just going to be -- I hope it doesn't involve anyone, 19 but it's not -- it's not if, it's when it's going to 20 happen. We've got to think of the safety. And there 21 are homes right on the edge of that road that if 22 something happened they could be involved as well. 23 Thank y'all very much. 24 JUDGE POLLARD: Thank you, Linda. David 25 McCallum. 52 1 COMMISSIONER MOSER: I think he spoke. 2 JUDGE POLLARD: All right, that's all of the 3 requests. Any further requests or comments by the 4 Commissioners now? 5 COMMISSIONER BELEW: I want to -- go ahead, 6 Bob. 7 COMMISSIONER REEVES: I've got a question 8 for Charlie, if I could. Just to reiterate what you 9 said, Charlie, the weight limit if we were to enact a 10 weight limit that would apply to any vehicles, we 11 couldn't pick and choose, okay, RV's are okay, gravel 12 trucks are not regardless of their load. That would 13 apply across the board without discrimination? 14 MR. HASTINGS: It would apply across the 15 board with the exception of any vehicle that has an 16 overweight permit already issued through the State, 17 which is my understanding that -- 18 COMMISSIONER REEVES: But not the 58,420, 19 but just what they've recommended so -- 20 MR. HASTINGS: Yes, it would apply to -- 21 COMMISSIONER REEVES: And whether they were 22 one time or doing it everyday, it's like -- 23 MR. HASTINGS: Yes, Sir. 24 COMMISSIONER REEVES: And then I think 25 Commissioner Letz has stated pretty emphatically about 53 1 the dually pickups. I mean that's 30 percent of the 2 county, I think. The Sheriff couldn't even cut across 3 there in his own pickup with that. And finally, the 4 speed limit, that kindly thing that could be at least 5 some warning signs recommended speed or something on 6 those curves to try to slow it down, because 45 seems 7 excessive. 8 MR. HASTINGS: Okay. 9 MR. DINGMAN: Could I make a comment, 10 please? 11 JUDGE POLLARD: Keep it brief, please. We 12 got a long agenda today, and we're not hardly down it at 13 all. 14 MR. DINGMAN: I'm Alex Dingman at 876 River 15 Road. I'm used to seeing signs that say no traffic over 16 so many thousand pounds, or no vehicles over so many 17 thousand pounds. And that would seem to be a solution 18 to me that would -- you say trucks, and we're all hung 19 up on trucks. I mean everybody in Kerr County's got a 20 truck. 21 MR. HASTINGS: Two different kinds of signs 22 that we're talking about. 23 MR. DINGMAN: So to me that would be one -- 24 one avenue to pursue. And secondly as to the traffic 25 that was taken during that survey it all depends on 54 1 what's going on and what kind of projects are going on. 2 If there's a lot of working being done in Comanche 3 Trace, and soon up to Upper Turtle Creek Road and down 4 to 173. As soon as they're hauling rocks now you've 5 got -- this may not have happened during your period of 6 time, you know, seven trucks a day. But I know when I'm 7 there and they got something going on you got 20, 30 8 trucks a day going through there, so -- and that's going 9 to be happening more and more, and how busy it is in the 10 County, and I hope it continues that way, but I just 11 don't want those trucks going down our road. So thank 12 you. 13 JUDGE POLLARD: All right. Thank you. All 14 right, gentlemen, is there a motion? 15 COMMISSIONER MOSER: Yeah. I'm going to 16 make a motion that we -- in light of this discussion and 17 the study by the County Engineer, that we ask the County 18 Engineer to take another look at what can be done to 19 number one restrict the speed in particular areas where 20 it's dangerous with obstacles close to the road and 21 curves and so forth. 22 And number two to see what we could do to 23 limit the weights -- not to limit trucks, but to limit 24 the weight of the trucks down the section of the road 25 that we're speaking of. And I think the -- and at the 55 1 same time what we might do about improving the safety at 2 Brinks Crossing, because I know there's -- anyway, I 3 don't want to get into the details of that. I know we 4 restrict the parking, etc. etc. But ask the County 5 Engineer to do those things. 6 JUDGE POLLARD: Is there a second? 7 MR. DINGMAN: Excuse me, Tom, one last 8 thing. Can you limit the no -- no vehicles over a 9 certain weight and also and a width? 10 COMMISSIONER BELEW: I don't think we have 11 that option. 12 COMMISSIONER MOSER: Let the County Engineer 13 see what we can do. And don't forget as Commissioner 14 Letz said, we've got a lot of roads in this County, you 15 know, if we start setting a precedent, okay, then -- 16 JUDGE POLLARD: Then you're not going to be 17 able to afford your taxes. 18 COMMISSIONER BELEW: Well, let me ask you, 19 Charlie. They've worked on that bridge recently, right? 20 MR. HASTINGS: Yes, Sir. 21 COMMISSIONER BELEW: So we've just repaired 22 it? 23 MR. HASTINGS: Yes, Sir. 24 COMMISSIONER BELEW: Some of that had to do 25 with the weight of the vehicles going over it, right? 56 1 MR. HASTINGS: No, I don't think so. It was 2 just erosion. It was erosion from the river. 3 COMMISSIONER BELEW: From the water? 4 MR. HASTINGS: Yes, Sir. 5 COMMISSIONER BELEW: Okay. So now take the 6 erosion from water and add the weight to it, one affects 7 the other one, right? 8 MR. HASTINGS: Okay. 9 COMMISSIONER BELEW: So if you have erosion, 10 you have heavier vehicles going over that particular 11 bridge, then it's going to be a different kind of a 12 problem than if you have a bridge that has no erosion. 13 Follow me? 14 MR. HASTINGS: Correct. Yes, Sir. 15 COMMISSIONER BELEW: So we have an issue at 16 Brinks Crossing with weight then, I would think in my 17 mind. 18 MR. HASTINGS: We don't. The span's too 19 short. A very, very small span. 20 COMMISSIONER BELEW: According to the state 21 standards or what? 22 MR. HASTINGS: The thickness of the slab, 23 the steel that's in the slab. The erosion that we've 24 corrected -- 25 COMMISSIONER BELEW: You're talking about 57 1 engineering standards. 2 MR. HASTINGS: Just that bridge alone, 3 Brink's Crossing is such a short span you're talking 4 less than 20 feet, it's got lots of capacity. There's 5 not a capacity issue on that bridge. The capacity 6 issues that we're talking about are on pavement before 7 you get to the bridge. That's where we don't have the 8 thickest base section. And the engineer that has 9 evaluated it said if you're going to load limit it and 10 you start getting these levels of truck traffic this is 11 the load limit that you set it at, and we're not quite 12 there yet with the traffic. But like Mr. Dingman said 13 one day you may have 20 vehicles come through there. 14 Another day, five. We had counts where it was only one 15 truck a day, one. 16 AUDIENCE: Was it an 18-wheeler? 17 MR. HASTINGS: I don't know if it was an 18 18-wheeler. I don't think it was. But the law of 19 averages -- 20 JUDGE POLLARD: Kelly's raising her hand 21 back there. I want to hear Kelly. 22 MS. HOFFER: I have just one comment. I 23 mean either way, if you go to weight limit it my 24 question is how are you going to enforce that? You've 25 got to have scales, you've got to have somebody in law 58 1 enforcement. You've got to actually have those scales. 2 And I don't believe Rusty's department has that. And I 3 don't know if they're trained in doing weights and 4 measure, and if he has enough staff in order to have 5 them out there doing it. And I'm just putting that out 6 there, and when you go to do that trucks are still going 7 go down there and if you aren't weighing them and 8 writing tickets, whatever, so -- 9 JUDGE POLLARD: Look, look, I'm not going to 10 -- there's a motion made on the floor. Is there a 11 second? 12 COMMISSIONER LETZ: I'll second the motion. 13 JUDGE POLLARD: All right, the motion was 14 made by Commissioner Precinct 2, seconded by 15 Commissioner Precinct 3 to recommend that the County 16 Engineer make a study based on what obstructions or 17 whatever there is along the road, and possibility of 18 weight limits, and come back to the Court with some 19 recommendations, or conclusions. Is that a correct 20 statement? 21 COMMISSIONER MOSER: That's a correct 22 statement. 23 COMMISSIONER LETZ: Yes. 24 JUDGE POLLARD: All right, is there any 25 further comment or question by the Commissioners' Court; 59 1 not the crowd. We've had plenty of that. Those in 2 favor of the motion signify by raising your right hands. 3 It's four zero, unanimous. One abstention, myself. 4 COMMISSIONER REEVES: Judge, before you call 5 item 1.4, I'm going to step out of the room. I have a 6 conflict on this item. It is filed with the County 7 Clerk's office, but I will step out before you call 8 that? 9 JUDGE POLLARD: Okay, thank you, Sir. Thank 10 y'all very much. We got about 33 items on the agenda 11 and we just made it through three in over an hour. I 12 gotta push this thing along. 13 COMMISSIONER LETZ: That's a letter from the 14 County Attorney on weight limits. 15 JUDGE POLLARD: All right, I'm going to call 16 item 1.4 on the agenda. Let the record reflect that 17 Commissioner Precinct 4, Mr. Reeves, is absent because 18 of a conflict that he's filed with the County Clerk in 19 writing. 20 1.4 consider, discuss and take appropriate 21 action for the Court to waive revision of the plat 22 oversight and approval for lots 4A and 4B-R of Audubon 23 Place of record in Volume 8, Page 179, and Volume 7, 24 Page 331 of the official records of Kerr County, Texas. 25 This is a project situated in Precinct 4, Mr. Reeves' 60 1 Precinct. Mr. Hastings. 2 MR. HASTINGS: Thank you. These lots are 3 located in the Kerrville extra territorial jurisdiction 4 and would typically be platted through both the City of 5 Kerrville and Kerr County simultaneously; however, in an 6 effort to be more efficient, save owner dollars, there's 7 a request to only plat this property through Kerrville, 8 and for the Court to waive their right to oversight and 9 approval of the plat. 10 County Engineer requests that the Court 11 waive the revision of plat oversight and approval for 12 lots 4A and 4B-R of the Audubon place, Volume 8, Page 13 179, and Volume 7, Page 331, Precinct 4. 14 COMMISSIONER LETZ: And the -- I guess the 15 reason, Charlie? 16 MR. HASTINGS: The reason for waiving the 17 oversight is that they -- they're trying to just save 18 the owner some -- the hassle of going through both the 19 City and the County. 20 COMMISSIONER LETZ: But I mean there's no 21 roads being constructed? 22 MR. HASTINGS: Oh, there's no roads being 23 constructed. There's no public improvement that we 24 would take care of. It's just moving lot lines. 25 COMMISSIONER LETZ: Moving the lot lines. 61 1 MR. HASTINGS: Yes, Sir. 2 COMMISSIONER LETZ: I make a motion to 3 approve the agenda item. 4 COMMISSIONER MOSER: Second. 5 JUDGE POLLARD: Been moved by Commissioner 6 Precinct 3, seconded by Commissioner Precinct 2 to 7 approve item 1.4 in the agenda -- as submitted in the 8 agenda, and that is to waive oversight and approval for 9 lots 4A and 4B-R of Audubon Place of record in Volume 8, 10 Page 179, and Volume 7, Page 331 of the official public 11 records of Kerr County, Texas. Is there any further 12 comment or discussion? There being none, those in favor 13 of the motion signify by raising your right hands. It's 14 three zero, unanimous. One abstention, myself. 15 COMMISSIONER MOSER: Judge, could I make a 16 request that you call 1.10, because I'm going to have to 17 leave in a few minutes and it's in Precinct 2, and it's 18 a timed item. 19 JUDGE POLLARD: Any objection to that, 20 gentlemen? 21 COMMISSIONER LETZ: No. 22 JUDGE POLLARD: Mr. Reeves, there's a 23 request to call 1.10 out of order, is there any 24 objection? 25 COMMISSIONER REEVES: No. 62 1 JUDGE POLLARD: All right. Item 1.10 2 consider, discuss and take appropriate action to 3 abandon, vacate and discontinue right of way described 4 in Volume 11, Page 429 of the official records of Kerr 5 County, Texas. Mr. Hastings. 6 MR. HASTINGS: Court Order Number 36684 was 7 the approval to set a public hearing for 9:05 a.m. on 8 May 29th, 2018 to abandon, vacate and discontinue the 9 right of way easement described in Volume 11, page 429 10 as shown on the map I've handed to y'all in your 11 packets. The public hearing was held at the 12 aforementioned date and time, and nobody spoke. 13 Adjacent to this right of way easement is 14 Redemption Road, a public road privately maintained. 15 The prescriptive right of way for Redemption Road will 16 remain, and is not a part of the proposed abandon, 17 vacate and discontinue action described above. A 40 18 foot wide access easement dated July 30th, 2018, labeled 19 as a road easement in that map that I've given y'all, is 20 attached and was retained to allow Kerr County continued 21 access to the County Dog Park/slash Flat Rock Park after 22 the right of way easement is abandoned. 23 If y'all abandon that right of way easement 24 today, we will take that easement and we will get it 25 filed. We have not filed it yet. We're waiting to make 63 1 sure that this is the course of action that the Court's 2 going to take. 3 The County Engineer recommends that the 4 Court abandon, vacate, and discontinue right of way 5 described in Volume 11, Page 429, Precinct 2. 6 COMMISSIONER MOSER: So move. 7 JUDGE POLLARD: Is there a second? 8 COMMISSIONER BELEW: Second. 9 JUDGE POLLARD: Been moved by Commissioner 10 Precinct 2, seconded by Commissioner Precinct 1 to 11 approve item 1.10 of the agenda package today, and that 12 is to consider, discuss take appropriate action to 13 abandon, vacate and discontinue the right of way 14 described in Volume 11, Page 429 of the official public 15 records of Kerr County in Precinct 2. And it's in favor 16 of abandonment is the motion, is that correct? 17 COMMISSIONER MOSER: Yes. 18 JUDGE POLLARD: All right, any further 19 comment or discussion? 20 COMMISSIONER LETZ: Question I have is -- 21 make sure I understand. The proposed 40 foot wide 22 easement that's on the plat, that is making the 23 prescriptive easement a recorded easement? 24 MR. HASTINGS: It will make -- no, Sir. The 25 prescriptive easement remains and isn't being considered 64 1 at all. We're going to abandon existing right of way 2 easement in Volume 11, Page 429. It doesn't line up 3 with Redemption Road. And in return, because we use 4 that as access through the gentleman's property to get 5 to Flat Rock Park. He is dedicating to us an access 6 easement over a portion of what you're abandoning 7 because it's -- so we'll use Redemption Road, and then 8 when we get off of Redemption Road and go through this 9 man's property, we'll go through hills access easement 10 to make sure we can still get to the park. 11 COMMISSIONER REEVES: So long and short of 12 it where the road is isn't where the easement is. 13 MR. HASTINGS: That's correct. 14 COMMISSIONER REEVES: And now this new 15 easement is where the road is. 16 MR. HASTINGS: This new easement is where a 17 road on his property that he wants to fence, yes, Sir. 18 COMMISSIONER BELEW: He came and explained 19 what he wanted one day. 20 COMMISSIONER LETZ: Yeah. I mean the plat 21 is not real clear on the copy. That's the reason I was 22 asking the question. 23 MR. HASTINGS: Yeah. Color would have been 24 better. I apologize for that. 25 COMMISSIONER LETZ: And there's no 65 1 limitations above and beyond what the current 2 limitations on the new easement are? 3 MR. HASTINGS: I had the easement run 4 through the County Attorney, and it gives us the ability 5 to have a lock on that gate so we can go in and out as 6 we need to. 7 COMMISSIONER LETZ: I guess what I'm 8 thinking is if we ever do something with that park and 9 started using that road there's no limitations on the 10 ability for us to use -- to not have a lock and to use 11 that road more often? 12 MR. HASTINGS: Correct. 13 JUDGE POLLARD: All right, my question is of 14 the County Attorney. Have you approved the access 15 easement forms? 16 MRS. STEBBINS: Yes, Sir. Their attorney 17 and I -- Mr. Jackson and I worked together back and 18 forth creating this document, and have approved it. 19 JUDGE POLLARD: Is there a motion? 20 COMMISSIONER MOSER: Yeah, the motion's 21 made. 22 JUDGE POLLARD: Yeah, it's been made and 23 seconded. Those in favor of the motion signify by 24 raising your right hands. It's four zero, unanimous. 25 One abstention, myself. 66 1 Is there any other item you need heard 2 before you leave? 3 COMMISSIONER MOSER: No. That's it. 4 JUDGE POLLARD: All right, we go back to the 5 agenda regular portions. 1.5 public hearing for 6 revision of plat for Woodcreek, Lots 34 and 35, Volume 7 4, Page 285 of the official public records of Kerr 8 County, Texas. This is a public hearing on that matter 9 and I declare the public hearing open. Is there anyone 10 wishing to speak on this matter? No one. There being 11 no one, I close the public hearing and go to item 1.6 on 12 the agenda. Consider, discuss and take appropriate 13 action for the Court to approve the revision of plat for 14 Woodcreek, Lots 34 and 35 of record in Volume 4, Page 15 285 of the plat records of Kerr County, Texas. Situated 16 in Precinct 1. Mr. Hastings. 17 MR. HASTINGS: Thank you. The revision of 18 plat that you have is in accordance with the concept 19 plan that you approved through court order 36859, you 20 approved that concept plan on July 9th, 2018 waiving the 21 lot size requirements, and the public hearing you just 22 had it. It's over, no one spoke. 23 The County Engineer requests the Court 24 approve the revision of plat for Woodcreek, Lots 34 and 25 35, Volume 4, Page 285, Precinct 1. 67 1 COMMISSIONER BELEW: I move to approve the 2 revision of the plat as presented. 3 JUDGE POLLARD: Is there a second? 4 COMMISSIONER MOSER: Second. 5 JUDGE POLLARD: Been moved by Commissioner 6 Precinct 1, seconded by Commissioner Precinct 3 to 7 approve item 1.6 on the agenda -- of the agenda package, 8 and that is to approve a revision of a plat for 9 Woodcreek, Lots 34 and 35 of record in Volume 4, Page 10 285 of the Plat Records of Kerr County, Texas. Is there 11 any further comment or discussion? 12 COMMISSIONER LETZ: Yeah, I'll make a 13 comment. Is this waiver is consistent to waivers we've 14 done many times in the past on these older subdivisions 15 that have lot sizes that are well below our current 16 minimum, so this is nothing unusual that we've done. 17 And I do have a question -- oh, it's in here, and there 18 were some issues they had because of that. Are they 19 intending to sign, or not sign the plat? 20 MR. HASTINGS: They have signed it, and the 21 one you have was not signed yet, but we e got it signed 22 and it's sitting right over there. It's been signed by 23 everybody. 24 COMMISSIONER LETZ: Okay. 25 COMMISSIONER BELEW: We're good. 68 1 JUDGE POLLARD: All right, if there is no 2 further comment or discussion those in favor signify by 3 raising their right hands. Four zero, unanimous. One 4 abstention, myself. 5 1.7 public hearing for the revision of plat 6 for Horizon Section One, Lot 118 and 119 of record in 7 Volume 6, Pages 323 to 326. This as situated in 8 Precinct 1. Mr. Hastings. 9 MR. HASTINGS: I think that's a public 10 hearing. 11 JUDGE POLLARD: This is a public hearing. 12 I'll declare the public hearing open. Is anyone wishing 13 to speak on this matter? No one. 14 (Commissioner Moser not present.) 15 JUDGE POLLARD: All right, I declare the 16 public hearing closed. 17 We go to item 1.8 consider, discuss and take 18 appropriate action for the Court to approve the revision 19 of plat for Horizon Section One, Lots 118 and 119 of 20 record in Volume 6, Pages 323-326 of the official public 21 records of Kerr County, Texas. This is situated in 22 Precinct 1. Mr. Hastings. 23 MR. HASTINGS: Thank you. This proposed 24 revision of plat combines lots 118 and 119 into lots 25 119R, 9.67 acres. The County Engineer requests the 69 1 Court to approve the revision of plat for Horizon 2 Section One, lots 118 and 119, Volume 6, Pages 323 3 through 326, Precinct 1. 4 COMMISSIONER BELEW: I move that we approve 5 as presented. 6 COMMISSIONER REEVES: Second. 7 JUDGE POLLARD: Commissioner Precinct 1 has 8 moved to approve item 1.8 of the agenda package. It was 9 seconded by Commissioner Precinct 4, I think. 10 COMMISSIONER LETZ: Yes. 11 JUDGE POLLARD: Let the record reflect, by 12 the way, that Commissioner Precinct 2 has just left, and 13 we have only four present at this time in Commissioners' 14 Court. 15 Is there any further comment or discussion 16 regarding this particular motion? There being none, 17 those in favor of the motion signify by raising your 18 right hands. It's three zero, unanimous. One 19 abstention, myself. 20 All right, item 1.9 consider, discuss and 21 take appropriate action for the Court to approve the 22 revision of plat for tracts 410 and 411 of Guadalupe 23 Ranch Estates, Volume 4, Page 120 of the official public 24 records of Kerr County, Texas. This is situated in 25 Precinct 4. Mr. Hastings. 70 1 MR. HASTINGS: Thank you. Tracts 411-A will 2 be 6.75 acres, and tract 411-B will be 5.01 acres. No 3 one spoke at the public hearing held on November 13, 4 2017. County Engineer request the Court to approve the 5 revision of plat for tracts 410 and 411 of Guadalupe 6 Ranch Estates, Volume 4, Page 120, Precinct 4. 7 COMMISSIONER REEVES: Question. I don't 8 know if this is for Charlie, or Mrs. Stebbins. If the 9 time frame between the public hearing and where it's 10 getting back to us, is that excessive? Is that within 11 the statutory times? Are we on -- 12 MR. HASTINGS: My understanding is that 13 there isn't a time limit, but as a policy we have -- if 14 it's over a year, we'll recommend doing another public 15 hearing just to cover our bases. This is not quite a 16 year, and it just took the -- took the surveyor a little 17 bit of time to get things finalized and get signatures. 18 MRS. STEBBINS: I agree with his assessment 19 of that. 20 COMMISSIONER LETZ: Question. Charlie, and 21 I presume that the original plat the acreage is wrong. 22 The original plat shows it being ten acres, and when you 23 add 6.75 and 5.01, I believe, it's a little bit higher. 24 MR. HASTINGS: Yes. 25 COMMISSIONER LETZ: So the acreages are 71 1 correct? 2 MR. HASTINGS: The acreages now are correct 3 and accurate. And they just weren't very accurate from 4 when it started. 5 COMMISSIONER REEVES: Make that motion to 6 approve the agenda item as presented. 7 COMMISSIONER LETZ: Second. 8 JUDGE POLLARD: Been moved by Commissioner 9 Precinct 4, seconded by Commissioner Precinct 3 to 10 approve the item as presented, 1.9 of the agenda 11 package. And that's to approve the revision of the plat 12 for tracts 410 and 411 of Guadalupe Ranch Estates, 13 Section 4 of record in Volume 4, Page 120 of the 14 official public records of Kerr County, Texas. Is there 15 any further discussion or comment? There being none, 16 those in favor of the motion signify by raising your 17 right hands. It's three zero, unanimous. One 18 abstention, myself. 19 Item 1.11 consider and discuss ordering the 20 general election. Yes, I'm not going to read that 21 Spanish stuff. I don't pronounce it very well. Nadene. 22 MS. ALFORD: Yes, Sir. This is the order 23 for the November 6, 2018 election that we need to order 24 today. I have the order here. I left it out of the 25 packet because we were making sure that we still had the 72 1 same early voting sites at the Cailloux and the Ingram 2 Annex in Ingram. We will have extra -- the hours will 3 be October the 22nd to the 26th, Monday through Friday 4 8 to 5. That Saturday October the 12th will be 7 to 7. 5 Sunday, October the 28th will be 11 to 4, and then the 6 lath week October the 29th through November the 2nd it 7 will be 7 to 7. 8 JUDGE POLLARD: All right, is there a 9 motion? 10 COMMISSIONER LETZ: I move to approve the 11 the order for the general election as -- 12 JUDGE POLLARD: Included in the agenda 13 package. 14 COMMISSIONER LETZ: -- included in the 15 agenda package, and with the hours that was read by Miss 16 Alford, and those hours are included in the order. 17 JUDGE POLLARD: All right, is there a 18 second? 19 COMMISSIONER BELEW: Second. 20 JUDGE POLLARD: All right, been moved by 21 Commissioner Precinct 3, seconded by Commissioner 22 Precinct 1 to approve the agenda item, which is item 23 1.11 setting forth the general election dates and times, 24 as set forth in the agenda package. And is there any 25 further comment or discussion? 73 1 COMMISSIONER LETZ: Just to make it clear. 2 As set forth in the updated order handed out in Court 3 today. 4 JUDGE POLLARD: All right. This one that's 5 in my hand right now? 6 COMMISSIONER LETZ: Yeah, the one that's in 7 your hand right now. 8 JUDGE POLLARD: Proposed for me to sign. 9 Y'all have seen it? All right, do you want to look at 10 it? 11 COMMISSIONER BELEW: I trust you. 12 JUDGE POLLARD: All right, those in favor of 13 the motion signify by raising your right hands. It's 14 three zero, unanimous. One abstention, myself. 15 And just so we don't forget, I'm signing it 16 right now. It's signed. 17 All right, now we move on to item 1.12 18 consider, discuss and take appropriate action to approve 19 the central counting station personnel pursuant to 20 Chapter 27, Texas Election Code. Nadene. 21 MS. ALFORD: Yes, Sir. This is the central 22 counting station personnel that we need to appoint for 23 the November 8th -- 6th election. Presiding Manager and 24 Judge would be Nadene Alford, Tabulating Supervisor Eva 25 Washburn, Assisting Tabulating Supervisor Jane 74 1 Trolinger, Clerk, Mimi Valverde, Clerk Helena Carter, 2 Clerk Mary Gomez, and then the IT Department, John 3 Trolinger, would do the calls to the Secretary of State, 4 and to put the information on the website. 5 COMMISSIONER REEVES: I move to approve as 6 read into the record by Mrs. Alford. 7 COMMISSIONER LETZ: Second. 8 JUDGE POLLARD: All right, it's been moved 9 by Commissioner Precinct 4, seconded by Commissioner 10 Precinct 3 to approve the agenda item 1.12 as dictated 11 into the record and enumerated specifically in the 12 agenda package appointing various individuals in certain 13 capacities as set forth therein. Is there any further 14 comment or discussion? There being none, those in favor 15 of the motion signify by raising your right hands. It's 16 three one -- three zero, unanimous. One abstention, 17 myself. 18 JUDGE POLLARD: I won't call a break until 19 we get through with these 9:30 items. 20 Item 1.13 consider, discuss and approve the 21 appointment of election judges and alternates for the 22 term of one year in accordance with the Texas Election 23 Code Section 32. Nadene. 24 MS. ALFORD: These are the Election Judges 25 and Alternates for the term of one year that the Court 75 1 approves as presented from the Republic Party and the 2 Democratic Party. 3 COMMISSIONER LETZ: I'll make a motion to 4 approve the the Judges and Alternates for a one year 5 term pursuant to the Election Code for the November 6 election. 7 COMMISSIONER REEVES: Second. 8 JUDGE POLLARD: Been moved by Commissioner 9 Precinct 3, seconded by Commissioner for Precinct 4 to 10 approve agenda item 1.13 and that is to approve the 11 appointment of Election Judges and Alternates for the 12 term of one year in accordance with the terms of the 13 Election Code Section 32 as presented in the agenda 14 package. Is there any further comment or discussion? 15 COMMISSIONER LETZ: Question. Jana 16 Colgate's in 303? 17 MS. ALFORD: They don't have to be in their 18 precinct just to -- yeah. They have to sometimes pull 19 from other precincts to cover those positions. 20 COMMISSIONER LETZ: Okay. Want to make sure 21 we were correct. You are. 22 JUDGE POLLARD: Any further discussion, 23 question or comment? There being none, those in favor 24 of the motion signify by raising their right hands. 25 It's three zero, unanimous. One abstention, myself. 76 1 Item 1.14 consider, discuss and approve the 2 polling locations in accordance with Chapter 43 of the 3 Texas Election Code for the November 2018 election. 4 Nadene. 5 MS. ALFORD: The polling places we would 6 like to use for the November election. There's two kind 7 of new ones. We used the 119 Inn of the Hills Ballroom. 8 We used it in the primary election, we would like to use 9 it again for the November. And then the Mountain Home 10 Fire Department for 404, to move it from Sunset to the 11 Fire Department. And all the other ones we have used 12 before for many years. 13 COMMISSIONER LETZ: Could you read them into 14 the record. 15 MS. ALFORD: I don't have them in front of 16 me. I don't have that sheet of paper. 17 COMMISSIONER REEVES: Neither do we. 18 COMMISSIONER LETZ: We don't have it 19 printed. 20 MS. ALFORD: Okay. I don't know what 21 happened. 22 COMMISSIONER LETZ: Can we come back to this 23 one? 24 MS. ALFORD: Yeah. 25 COMMISSIONER REEVES: Go the 1.15, and I bet 77 1 Miss Alford can run down the hall real quick. 2 COMMISSIONER BELEW: I'm going to have to 3 run down the hall, too. 4 COMMISSIONER REEVES: Let's recess. 5 JUDGE POLLARD: All right, recess for five 6 minutes. 7 (5-minute recess.) 8 JUDGE POLLARD: It's 20 minutes until 11 and 9 we're back in session officially at this time. The next 10 item on the agenda is 1.15 consider, discuss and take 11 appropriate action to approve Treasurer's Office Xerox 12 copy machine lease renewal and have the County Judge 13 sign same. 14 COMMISSIONER LETZ: Judge, we haven't done 15 1.14 yet. 16 JUDGE POLLARD: All right, never mind. I'll 17 call 1.14 consider, discuss and approve polling 18 locations in accordance with Chapter 43 of the Texas 19 Election Code for the November 2018 election. 20 MS. ALFORD: The one you have in front of 21 you is the polling locations that I would like to have 22 for the November election. 101 is Southern Oaks Baptist 23 Church, 107 Thunder Hill Biker Church, 109 Northwest 24 Hills Community Center, 113 St. Paul's Methodist Church, 25 118 River Hills Mall, 119 is the Inn of the Hills, and 78 1 it's in the grand ballroom lobby. 202 is American 2 Legion. 211 Union Church. 215 Hosanna Lutheran Church. 3 220 Faith Christian Church. 303 is the Calvary Temple. 4 308 is the Solid Rock Church. 312 Zion Lutheran Church. 5 314 is the Cailloux City Center. 404 is the Mountain 6 Home Fire Department, which is a change from the Sunset 7 Baptist Church. 405 is the Hunt School. 406 is the 8 Kerr County Courthouse Annex in Ingram. 410 is the 9 Divide Chapel. 416 is the Kerrville KOA Community 10 Center. And 417 is Western Hills Baptist Church. And 11 early voting sites would be the Cailloux City Center and 12 the West Ingram Annex in Ingram. 13 COMMISSIONER LETZ: I make a motion to 14 approve the polling locations as provided and read into 15 the record. 16 COMMISSIONER REEVES: Second. 17 JUDGE POLLARD: Been moved by Commissioner 18 Precinct 3, seconded by Commissioner Precinct 4 to 19 approve the polling locations for the November election 20 as submitted on the exhibit that was just handed to the 21 Commissioners at this time. And this is in my hand 22 here, is that correct? 23 COMMISSIONER LETZ: That's correct. 24 JUDGE POLLARD: That's the one. All right, 25 is there any further comment or discussion? If not, 79 1 those in favor of the motion signify by raising their 2 right hand. It's three zero, unanimous. One 3 abstention, myself. All right, I'll hand this to the 4 Reporter, that's the one that was approved. 5 All right. Item 1.15 consider, discuss and 6 take appropriate action to approve the Treasurer's 7 Office Xerox copy machine lease renewal and have the 8 County Judge sign same. Sorry for the inconvenience. 9 MRS. SOLDAN: That's okay. Good morning. 10 What you have before you is a pricing proposal; it's not 11 actually the contract, but their rates will be going up 12 and so Xerox asked if I wanted to lock in the pricing to 13 go ahead and get that approved, so I'm asking for 14 approval based on the contract being received, reviewed 15 by the County Attorney and then signed by the County 16 Judge. 17 JUDGE POLLARD: You approved it? 18 MRS. STEBBINS: I haven't reviewed it yet. 19 I'll get it once Tracy does, and review it for the 20 appropriations issue and indemnification clauses I 21 always look for, but it's usually about the same 22 contract from Xerox. I'll just confirm that and let 23 Tracy know. 24 COMMISSIONER LETZ: I make a motion to 25 approve the amount in the lease agreement and contract 80 1 with Xerox, and subject to County Attorney's approval. 2 COMMISSIONER REEVES: And authorize County 3 Judge to sign same. 4 COMMISSIONER LETZ: And authorize County 5 Judge to sign same. 6 JUDGE POLLARD: Okay, is there a second? 7 COMMISSIONER REEVES: Second. 8 JUDGE POLLARD: Moved by Commissioner 9 Precinct 3, seconded by Commissioner Precinct 4 to 10 approve item 1.15 of the agenda package today, and that 11 is to approve the Treasurer's Office Xerox copy machine 12 lease renewal, and have County Judge sign same, subject 13 however to and contingent upon the County Attorney's 14 approval, is that correct? All right, any further 15 comment or discussion? If not, those in favor of the 16 motion raise your hand. It's three zero, unanimous. 17 One abstention, myself. 18 COMMISSIONER REEVES: Judge, we can pass on 19 number 16, it's not ready to present to the Court. 20 JUDGE POLLARD: All right, we'll pass on 21 1.16, it's not ready for consideration for the Court 22 according to Commissioner Precinct 4. 23 We'll go to item 1.17 consider, discuss take 24 appropriate action to ratify and confirm the First 25 Amendment to SAVNS, (Statewide Automated Victim 81 1 Notification Service) Maintenance Grant Contract. 2 Sheriff. 3 SHERIFF HIERHOLZER: This is all out of the 4 Attorney General's Office. This is a victim 5 notification system that goes through our office. 6 Doesn't cost Kerr County anything. It's all we just 7 forward the bill through and it's paid for by the State. 8 So this agenda is an amendment that they did and the 9 very next agenda is just the contract itself. All been 10 looked at through the County Attorney's Office -- 11 MRS. STEBBINS: Yes, that's true. 12 SHERIFF HIERHOLZER: -- and everybody else. 13 It's more of a ratification than the actual contract 14 or -- 15 COMMISSIONER BELEW: So we're moving to 16 approve the ratification? 17 JUDGE POLLARD: The amendment. 18 COMMISSIONER REEVES: We're going to amend 19 it before we approve it. 20 SHERIFF HIERHOLZER: It had to be done by a 21 certain date that was in between the two Commissioners' 22 Courts, so it had to be signed by the Judge, it was 23 signed by the Judge after we viewed real quick. And now 24 it's just the Court having to ratify it. 25 COMMISSIONER LETZ: Move for approval of the 82 1 agenda item. 2 COMMISSIONER BELEW: Second. 3 JUDGE POLLARD: Been moved by Commissioner 4 Precinct 3, seconded by Commissioner Precinct 1 to 5 approve item 1.17 of the agenda package, and that is to 6 ratify and confirm the First Amendment to the Statewide 7 Automated Victim Notification Service Maintenance Grant 8 Contract as set forth in item 1.17 of the agenda 9 package. Any further discussion? There being none, 10 those in favor of the motion signify by raising their 11 right hands. It's three zero, unanimous. One 12 abstention, myself. 13 Item 1.18 consider, discuss and take 14 appropriate action to ratify and confirm the SAVNS 15 (Statewide Automated Victim Notification Service) 16 Maintenance Grant Contract for fiscal year 2019. That 17 being from September 1, 2018 to August 31, 2019. 18 Sheriff. 19 SHERIFF HIERHOLZER: Same exact thing on 20 this, is just ratifying what had to be done. 21 COMMISSIONER REEVES: Move for approval of 22 the agenda item as written. 23 COMMISSIONER BELEW: Second. 24 JUDGE POLLARD: Been moved by Commissioner 25 Precinct 4, seconded by Commissioner Precinct 1 to 83 1 approve item 1.18 of the agenda package, and that is to 2 ratify and confirm the Statewide Automated Victim 3 Notification Service Maintenance Grant Contract for the 4 fiscal year 2019. Is there any further comment or 5 discussion? There being none, those in favor of the 6 motion signify by raising their right hand. It's three 7 zero, unanimous. One abstention, myself. 8 1.19 consider, discuss and take appropriate 9 action on implementation of the burn ban. 10 In your agenda package is the proposed order 11 on that, and it's time to renew the situation 12 essentially giving the Commissioners permission to 13 sign -- release the burn ban, I guess, in each of their 14 precincts based on what the commissioners say. 15 COMMISSIONER LETZ: I make a motion to 16 approve the implementation of the burn ban per our 17 current policy. 18 COMMISSIONER REEVES: Second. 19 JUDGE POLLARD: Been moved by Commissioner 20 Precinct 3, seconded by Commissioner Precinct 4 to 21 approve item 1.19 of the agenda package, and that's 22 implementation of the burn ban as set forth in the 23 agenda package, and authorize the County Judge to sign 24 same. Is there any further discussion? 25 COMMISSIONER LETZ: I'll just make a quick 84 1 comment for the record. That according to the Keith 2 Byram Drought Index, even with the current rains we're 3 still in a drought. 4 JUDGE POLLARD: All right, thank you. Any 5 further discussion? There being none, those in favor of 6 the motion signify by raising their right hand. Three 7 zero, unanimous. One abstention, myself. 8 Item 1.20 consider, discuss and take 9 appropriate action to allow the UGRA (Upper Guadalupe 10 River Authority) to fill water tanks while spraying for 11 the Giant Cane Management Program. Commissioner Reeves. 12 COMMISSIONER REEVES: Yes, Sir. This is an 13 item I put on along with Mr. Evans from Maintenance. I 14 see a representative from UGRA is here. They're simply 15 needing a place -- awhile back we approved a program 16 with them for spraying the giant cane along our county 17 properties. And they're needing a place to fill their 18 water tanks while they're doing the spraying. I'm sure 19 she can enlighten us more, and glad to see that you're 20 here today. 21 MS. BUSHNOE: Tara Bushnoe, Upper Guadalupe 22 River Authority. So that the pesticide contractor that 23 Parks and Wildlife uses, they need to have water for 24 this program and they were looking for a place that had 25 a little bit more gallons per minute rate, you know, 85 1 than a regular faucet. So I talked with Shane and we 2 thought that possibly the water catchment tanks at the 3 Hill Country Youth Event Center might be an option, and 4 he mentioned as well that there's fire hose connection 5 that y'all use to fill up the trucks, I think, for dust 6 control. So they're just looking -- the volume of 7 water, I think, is fairly minimal. I mean they use -- 8 it's either a 400 or 500 gallon tank, but they only need 9 about 275 gallons of water at most. They fill that up 10 once a day. And their plan is to come to each river 11 basin for about a week at a time and treat the 12 contract -- treat the properties that are ready and then 13 move on. So it might at the most, I think, it would be 14 five consecutive days of 275 gallons each time and that 15 would probably be like once in August, once in 16 September, and once in October. So if we multiply all 17 that out it's like 42 hundred dollars, total. But it 18 would be a help to us. We did the gallon per minute 19 rate at our office so we have that as a backup water 20 source, but if they have something that they didn't have 21 to sit around a half hour or two hours, that would be 22 using their time more efficiently. 23 COMMISSIONER LETZ: I make a motion to allow 24 using the water catchment at the Hill Country Youth 25 Event Center for the Giant Cane Eradication spraying. 86 1 COMMISSIONER REEVES: I'll second. 2 JUDGE POLLARD: Been moved by Commissioner 3 Precinct 3, seconded by Commissioner Precinct 4 4 authorizing the Upper Guadalupe River Authority to fill 5 up their tanks from the main water catchment system near 6 the Ag Barn. 7 MS. BUSHNOE: If I may, for some reason if 8 the connection -- I think Shane thought that pressure 9 wold be enough to have a pretty decent rate per minute 10 on that, so the other one could be a backup, too? 11 COMMISSIONER LETZ: And another one -- well, 12 it could be there's the well at the little league fields 13 could also be used, has a pretty high volume. 14 COMMISSIONER REEVES: I think we could fill 15 it up with those large pipes inside the Event Center. 16 You can bring it out into the alley, but either way -- 17 COMMISSIONER LETZ: Let me amend my motion 18 to authorize UGRA to use any of the -- water from any of 19 the county buildings, county connections to water is 20 fine at any facility. 21 JUDGE POLLARD: All right, does the second 22 agree to that amendment? 23 COMMISSIONER REEVES: Yes. 24 SHERIFF HIERHOLZER: Because I do also have 25 the two large rain water catchment tanks we're not using 87 1 at the Sheriffs Office that they're more than welcome to 2 use. 3 MS. BUSHNOE: I appreciate that. Thank you. 4 JUDGE POLLARD: Any further comment or 5 discussion about it? If not, those in favor signify by 6 raising your right hands. It's three zero, unanimous. 7 One abstention, myself. 8 1.21 consider, discuss and take appropriate 9 action to confirm the filing of the Kerr County Adult 10 Probation fiscal year 2019 budget with the Kerr County 11 Commissioners' Court. Brenda Doss. 12 MRS. DOSS: The Texas Department of Criminal 13 Justice Community Justice Assistance Division requires 14 that the budget for the Adult Probation Department be 15 filed with Commissioners' Court. This is a combination 16 of state funding and fees collected by the supervision 17 department, and as you can see there are many different 18 programs involved. I've noted the bond supervision 19 program, that is the last one in your packet. And this 20 one it doesn't get any state funding, it's based 21 strictly on fees that are collected. And bond 22 supervision is the fees are assessed by the Court, or 23 required by the Court, and then they're collected by the 24 Adult Probation Department, and they are using it -- 25 they're able to get by and supervise on just what 88 1 they're collecting, just by the fee; otherwise the 2 County would have to add in money to support this 3 program. 4 COMMISSIONER LETZ: Question looking through 5 the report. On the exhibit says CCP State Aid. That's 6 year 2019. 7 MRS. DOSS: I'm sorry. 8 COMMISSIONER LETZ: I was looking at one of 9 the reports it says CCP State Aid financial year, and 10 has got all the counties in the state listed and dollar 11 amounts. Are those the amounts determined by -- it must 12 not be population. I mean is it by -- 13 MRS. DOSS: It's by how many are in the 14 program. 15 COMMISSIONER LETZ: How many juveniles are 16 in the program? 17 MRS. DOSS: Adult. 18 COMMISSIONER LETZ: Oh, it's adult 19 probation, I'm sorry. And the number that jumped out at 20 me is -- that does go by Judicial District, or what, 21 County? 22 MRS. DOSS: It goes by -- well, because we 23 actually -- the adult probation here serves Bandera 24 County, and Gillespie County, and Kerr County. So -- 25 and it's also a combination of what funds you have left 89 1 over from your previous biennium also. It's a very 2 complex calculation. 3 COMMISSIONER LETZ: Bandera County's not 4 listed so that's why ours as far as population looks 5 very large. Okay. 6 MRS. DOSS: Yes. 7 COMMISSIONER LETZ: I make a motion to 8 confirm filing of the Kerr County Adult Probation fiscal 9 year 2019 budget with Commissioners' Court. 10 COMMISSIONER BELEW: Second. 11 JUDGE POLLARD: Been moved by Commissioner 12 Precinct 3, seconded by Commissioner Precinct 1 of item 13 1.21 of the agenda package, and that is to confirm the 14 filing of the Kerr County Adult Probation report -- 15 budget for 2019 with the Kerr County Commissioners' 16 Court. Is there any further comment or discussion? 17 There being none, those in favor of the motion signify 18 by raising their right hands. It's three zero, 19 unanimous. One abstention, myself. 20 Item 1.22 consider, discuss and take 21 appropriate action to accept the annual report on the 22 financial records and internal audit for Kerr County 23 Emergency Services District #1. Brenda Doss. 24 MRS. DOSS: Yes. My office performed the 25 annual audit for Kerr County Emergency Services District 90 1 #1. The findings begin on page 5, if you would like to 2 review those, if you have any questions. 3 COMMISSIONER REEVES: And you've been in 4 contact with ESD on these findings? 5 MRS. DOSS: Yes, I have. They have reviewed 6 the report and accepted it. 7 COMMISSIONER REEVES: They have reviewed it 8 and accepted? 9 MRS. DOSS: Yes. 10 COMMISSIONER REEVES: And they are following 11 the recommendations, or they intend on? 12 MRS. DOSS: That's what I understood that 13 they intent to do. 14 COMMISSIONER REEVES: I move to accept the 15 Auditor's -- accept the annual report on the financial 16 records and internal audit for Kerr County Emergency 17 District #1. 18 COMMISSIONER LETZ: Second. 19 JUDGE POLLARD: Moved by Commissioner 20 Precinct 4, seconded by Commissioner Precinct 3 to 21 approve item 1.22 of the agenda package, and that is to 22 confirm -- accept the annual report on the financial 23 records and internal audit for Kerr County Emergency 24 Services District #1 read by the Auditor's Office Brenda 25 Doss. 91 1 All right. Any further discussion or 2 comment? There being none, those in favor of the motion 3 signify by raising your right hand. It's three zero, 4 unanimous. One abstention, myself. 5 Item 1.23 consider, discuss and take 6 appropriate action to approve the Holiday schedule, 7 Payroll schedule, and Step and Grade for the 2018-2019 8 fiscal year. Dawn. 9 MRS. LANTZ: Good morning, Judge, 10 Commissioners. This is just part of the budget process 11 that we do every year. Usually we get this approved by 12 Commissioners' Court. And the step and grade is the 13 proposed step and grade with the COLA that was talked 14 about. 15 MRS. DOSS: It was two and a half percent. 16 COMMISSIONER LETZ: I make a motion that we 17 approve the holiday schedule, payroll schedule, and step 18 and grade schedule for the 2018-19 fiscal year. 19 COMMISSIONER REEVES: Second. 20 JUDGE POLLARD: Been moved by Commissioner 21 Precinct 3, seconded by Commissioner Precinct 4 of item 22 1.23 of the agenda package, and that is to approve 23 holiday schedule, and payroll schedule, and step and 24 grade for the 2018-19 fiscal year as set forth in the 25 agenda package. Any further comment or discussion? 92 1 COMMISSIONER LETZ: Just a comment. I'll 2 probably put it on the agenda after the first of the 3 year, because there will be some changes on the Court. 4 I really want to look at this -- our whole pay 5 structure, the way we're doing it a little bit. To me 6 small departments don't have the ability for advancement 7 of some of their staff members as compared to large 8 departments. I think there's -- you know, it's been -- 9 I know they're expensive, but I know it's been ten years 10 now basically that we did any kind of analysis of our 11 step and grade. We've made a whole bunch of adjustments 12 of moving people around. And to me we have probably -- 13 to me it would simplify it a little bit and also to 14 allow some opportunity for advancement, responsibility 15 for people that may choose to stay in a department, yes 16 they can always leave a department, but if they want to 17 stay there and they can't go anywhere other than every 18 three years they get a bump. And I don't think that's 19 fair when you put that versus other departments where 20 there's a -- you know, like the Tax Assessor's Office, 21 where there is opportunities to move up a step or 22 something like that, and I think we need to address 23 that. I thought we were going to address it a little 24 bit with the budget by having the Commissioner Moser 25 approved, or brought to the table, I guess, a year ago 93 1 and now is taken out of the budget. So I just 2 encourage -- you know, I see the next County Judge in 3 the audience. Remember this time we really need to look 4 at it, really been a long time. 5 JUDGE POLLARD: I think that's a good idea 6 for him. 7 COMMISSIONER LETZ: I figured the current 8 County Judge would appreciate that not being on the 9 agenda until after the first of the year. 10 JUDGE POLLARD: All right. Well, that's a 11 comment. There's a motion outstanding, I think. 12 COMMISSIONER LETZ: Yes. 13 JUDGE POLLARD: All right, those in favor of 14 the motion signify by raising their right hand. It's 15 three zero, unanimous. It passes. One abstention, 16 myself. 17 1.24 consider, discuss and take appropriate 18 action on revisions to the Kerr County subdivision rules 19 and regulations as they relate to proposed subdivisions 20 that are able to connect to the East Kerr County/Center 21 Point Wastewater System. Commissioner Letz. 22 COMMISSIONER LETZ: I put this on the agenda 23 because one, we have our first new development in that 24 area has been proposed, and may or may not happen. But 25 I want the Court to think about it a little bit and give 94 1 some direction to Charlie Hastings about what to do. 2 Our current rules basically you have to have a five-acre 3 average for a new subdivision based on water 4 availability. And because we never had a sewer system, 5 everyone was on OSSF. Well, this is a game changer on 6 how we do things having everything a sewer system in the 7 eastern part of the county. I've talked to Gene 8 Williams a little bit about this from the water 9 availability standpoint, and asked him, you know, what 10 he thought, and he said that, you know, what makes sense 11 to him is, you know, and I agree that you look at the 12 CCN's, or the water purveyors in the areas where there 13 is centralized water provided and centralized sewer. 14 And figure out -- or Headwaters will determine how much 15 water is available within that CCN, and then it's up to 16 them to determine how to contribute it. They're still 17 using water availability as their value calculation, but 18 it's -- it's the only way that we can get to higher 19 density. 20 I think the purpose of the project, or hopes 21 of the project was that we could cut down on the urban 22 sprawl, and enable some affordable housing to get built 23 in areas, and this should do that. But the question 24 comes in is how small do we need to go, because as we 25 get smaller and smaller on lot size we increase drainage 95 1 problems and road problems. So I don't know of a 2 definite number in mind. You know, to me I don't know 3 if it's a quarter acre, or half acre. I don't know that 4 I want to go less than a quarter acre. But we need to 5 start with a number and then let Charlie look at it and 6 as to what that means. If his opinion from an 7 engineering standpoint how we look at right of way 8 widths, drainage studies, road construction, all those 9 things. Because we're talking really much more of a 10 municipal type standard than a traditional county 11 standard that we're used to. So that's kind of why I 12 put it on the agenda to get it before the Court. 13 COMMISSIONER BELEW: Well, within this 14 municipality here there's a lot of different -- that's a 15 wide range, so there's not really a standard per se, is 16 there? 17 COMMISSIONER LETZ: The City has definite 18 standards on curbs, and gutter and sidewalks and all 19 kind of stuff. 20 COMMISSIONER BELEW: I mean lot size. 21 COMMISSIONER LETZ: Oh, lot size. I don't 22 know. Is there a minimum in the City of Kerrville? 23 MR. HASTINGS: No. It's all based on 24 zoning. And so they've got areas that are zoned for 25 really small garden homes, and on up to, you know, 96 1 estates, which is in the City. An estate lot would be 2 an acre, sometimes even a half acre would be considered 3 an estate. 4 COMMISSIONER LETZ: But that brings up the 5 point do we want to -- you know, and I don't know that 6 we cannot allow, but some sort of garden home property 7 in Center Point? 8 COMMISSIONER BELEW: Can you set a minimum? 9 COMMISSIONER LETZ: Well, I don't know. I 10 don't know -- it's something we need to think about. 11 Not on the agenda to take action today. It's kind of -- 12 I would be in favor of in certain areas of doing some 13 garden home development. I mean I have nothing -- I 14 think it would be good. 15 COMMISSIONER REEVES: I think each and every 16 lot, nobody preempt it that I'm in favor or anything 17 like that. But what I'm saying, we need to look at 18 different types of utilization for single family. In 19 other words take Greenwood Forest for instance, the 20 majority of those lots are 15 thousand square feet, 21 roughly a third of an acre, just over it. There's some 22 smaller, there's some larger, and I think that's a very 23 good ratio for your typical single family residence. 24 But yet you bring up interesting part about maybe 25 cluster homes, attached dwellings, garden homes, things 97 1 like that. We need to really look into it because that 2 may bring the lot size down to that, but it also plays 3 into what you're saying on the drainage. I think about 4 a third of an acre is a good starting point, and then 5 weight into it. Naturally some of it's going to have to 6 depend on the terrain, the other physical 7 characteristics of the development, and I don't think it 8 can be hard and fast and minimum. I think we need to 9 look at terrain, because you got 100 by 150 foot lot 10 going downhill, you're not go to be able to do too much 11 with it. 12 COMMISSIONER LETZ: But we do have -- where 13 the sewer is available is relatively flat land. I mean 14 yes, it's got rolls and hills, but it's not -- it's a 15 little different than the City of Kerrville. 16 COMMISSIONER REEVES: But what I'm saying is 17 go ahead and plan for it now instead of having to come 18 back and amend it at some point in the future, on that 19 end of it. Also, what do we have, a minimum 150 feet of 20 frontage? 21 MR. HASTINGS: Yes, Sir. 22 COMMISSIONER REEVES: I think that needs to 23 be looked at as well because we're going to have more -- 24 MR. HASTINGS: You know, as you go to a 25 smaller lot, and then you go to a narrower right of way 98 1 and you lose ditch capacity for drainage, you start 2 getting into curb and gutter streets, you can afford to 3 have less frontage. This 150 foot serves a let of 4 different purposes, but one of them just from a 5 practical standpoint we got bar ditches everywhere. If 6 you got a 150 foot of bar ditch before you get to the 7 next driveway that gives a place for that water to go 8 before it goes underneath or over the next person's 9 driveway. And if you go to a city style lot you 10 usually -- you lose the bar ditches. The first thing 11 they do is they start putting in storm drainage pipe to 12 handle the storm drainage. 13 COMMISSIONER LETZ: And that's a whole other 14 problem. 15 MR. HASTINGS: As I see it the things that 16 we have on our list become what do we do with the extra 17 storm water. Probably going to have detention, detain 18 it somehow. You start looking at in order to get these 19 densities people are looking for they need an narrower 20 right of way, which now you -- means you got curb and 21 gutter, you no long have a bar ditch. There's going to 22 be drainage structures, and then you got more traffic 23 just because it's more density so you got more vehicles. 24 COMMISSIONER LETZ: Well, Charlie, Greenwood 25 Forest doesn't have any storm -- or gutters and drainage 99 1 like that, do they? 2 COMMISSIONER REEVES: But they should. 3 MR. HASTINGS: Right. 4 COMMISSIONER REEVES: There's a -- Kelly 5 and Robert's always out there because of not so much the 6 drainage from the construction, but the drainage from 7 the hills. You think it's level, but you got a lot of 8 seepage coming out, which is causing problems on that. 9 MR. HASTINGS: It's unfortunate, but you 10 know Kerrville, the city we're in right now, back in 11 whenever it started, nobody put any storm drainage pipes 12 from the river to get past the highways, and so where 13 you do have storm drainage pipe it's probably out 14 falling into a creek that got developed later, and 15 everything that's along the river you don't have a whole 16 lot of storm drainage pipes to go to so everything has 17 to go in the streets. And when it rains you got cars 18 floating around. And that's kind of unfortunate. I 19 don't know if we don't have the same situation all over 20 the whole county when you think about it. 21 COMMISSIONER LETZ: Look at that if you go 22 down 173 to Quail Run where those are real small lots, 23 they have huge drainage problems. So we gotta -- I'm in 24 favor of going to a smaller lot size, but we need to 25 figure out -- we don't want to create a new problem. 100 1 That's already -- we already have all over the County. 2 We don't want to make that worse on drainage. So maybe 3 half acre. 4 COMMISSIONER REEVES: Play the numbers. 5 COMMISSIONER LETZ: Play the numbers a 6 little bit, look at them. 7 MR. HASTINGS: Right now we allow as small 8 as a quarter acre lot, but what kills the developer is 9 the density averages two acres. So if he's got ten 10 acres he has to average two acres. So if he has a 11 quarter acre lot he's having other lots that are bigger 12 than two acres in order to get the average back to the 13 two acres, and he can't do anything with it. He can't 14 take the ten acres and put ten lots on it. 15 COMMISSIONER LETZ: Well, that's all based 16 on water availability, and we could, you know, work with 17 Headwater, I'm sure on it. 18 JUDGE POLLARD: Road and Bridge wants to put 19 in her two cents. 20 MS. HOFFER: Yeah. One other thing with 21 curbing type road you have a couple of issues because 22 those generally like with the City Kerrville, because 23 they do a hot mix asphalt. They mill it down to keep 24 that level of the road the same so it meets in their 25 curb for the drainage. And generally unless we're doing 101 1 total reconstruction we keep putting layers upon layers 2 on our road so if you starting going into that type of 3 curbing for your drainage you would have that issue of 4 what do we do as far as getting ready to resurface the 5 road. Like I said, you know, they mill it down and then 6 put that overlay right where the old one was so it meets 7 where that curbing is, and also when we go to sealcoat 8 our roads and we're going to broom off the road, our 9 type of road broom just shoots it off to the side. 10 MR. HASTINGS: And then you gotta vacuum. 11 MS. HOFFER: We would have to have a vacuum 12 type sweeper because you can't just do that and send it 13 in your drainage, the loose rock. And all I'm saying 14 those are just things to consider when you're thinking 15 about these smaller lots and the solution to do that 16 curbing. Down the road with the road maintenance it 17 could change the type of equipment you're going to be 18 required to have, and also the process. You're going to 19 find out that some of those road you have a better 20 option of doing hot mix asphalt, and then also having to 21 purchase that equipment and machines on that. And like 22 I said it's just to remind you if you start going that 23 direction that that could have an affect on maintenance 24 and costs. 25 COMMISSIONER LETZ: I don't want curb and 102 1 gutters. 2 MS. HOFFER: I don't either. 3 COMMISSIONER LETZ: To me we don't have curb 4 and gutters. 5 MR. HASTINGS: The solution would have to 6 include no curb and gutter. That's good. 7 COMMISSIONER LETZ: Figure out where we need 8 to be lot size, somewhere between a third to a half 9 acre. 10 COMMISSIONER REEVES: And I think in the 11 absence of curb and gutter you're going more to the half 12 acre than the third of an acre because of the area 13 you're going to need for drainage and open ditch. 14 COMMISSIONER LETZ: So look at that, kind of 15 the parameter. 16 MR. HASTINGS: That's a good direction right 17 there. That's the deal killer right there, the curb and 18 gutters. 19 JUDGE POLLARD: Do we need a motion on this? 20 The discussion enough? 21 COMMISSIONER LETZ: No. Discussion for now, 22 and come back with a revision. And I think the other 23 thing, Charlie, will be is anyone that wants to put in 24 something higher density than half an acre will have to 25 be looked at on a case by case basis. And that way 103 1 it'll give Kelly, and you the opportunity to figure 2 out -- you know, essentially on how to make it work. 3 JUDGE POLLARD: All right. Can we then go 4 on to another item now? 5 COMMISSIONER LETZ: Yes. 6 JUDGE POLLARD: All right. The next item -- 7 well, 1.25, 1.26 and 1.27 are all executive session 8 items, is that correct? Anything in public on those? 9 MRS. STEBBINS: No, Sir. At least my item 10 needs to be in executive session. 11 JUDGE POLLARD: All right. We would 12 ordinarily go to 1.28, but it's been suggested by Jody 13 in my agenda package that we call items 1.31 and 1.32 14 and 1.33 before 1.28, 1.29 and 1.30. Any objection to 15 that? 16 COMMISSIONER LETZ: But they're all at 1:30. 17 JUDGE POLLARD: Oh, all right. 18 COMMISSIONER BELEW: It was only one 19 objection to that. 20 JUDGE POLLARD: Only one objection to that. 21 You? 22 COMMISSIONER LETZ: Can we go deal with the 23 bill paying? We don't have any bill paying. All we 24 have is the -- 25 COMMISSIONER REEVES: Reports and court 104 1 orders. Let's get that out of the way. 2 JUDGE POLLARD: 4.1 is pay the bills, and 3 there are none. 4 4.2 budget amendments? 5 MRS. DOSS: None. 6 JUDGE POLLARD: None. 4.3 late bills? 7 MRS. DOSS: None. 8 JUDGE POLLARD: 4.4 approve and accept 9 monthly reports. Mr. Reeves. 10 COMMISSIONER REEVES: Yes, Sir. Unless 11 indicated otherwise all of the reports are for the month 12 of July, 2018. County Clerk's report, District Clerk's 13 report, J.P. Precinct 1, J.P. Precinct 2, J.P. Precinct 14 3, J.P. Precinct 4 report for the month of June, 2018. 15 Constable Precinct 1, July 2018, Constable Precinct 2, 16 July 2018. Constable Precinct 3 report for June, 2018. 17 Kerr County Animal Services report for the month of 18 April, May, June and July, 2018. The County Treasurer 19 quarterly investment report for the period of time 20 April 1, 2018 through June 30, 2018. 21 I make a motion to accept the reports as 22 read into the record and signed where needed. 23 COMMISSIONER LETZ: Second. 24 JUDGE POLLARD: Been moved by Commissioner 25 Precinct 4, seconded by Commissioner Precinct 3 to 105 1 approve and accept the monthly reports as dictated into 2 the record by Commissioner Precinct 4, and approved and 3 accepted as needed, as required. Is there any further 4 comment or discussion? There being none, those in favor 5 of the motion signify by raising your right hands. It's 6 three zero, unanimous. One abstention, myself. 7 4.5 Auditor's reports. 8 MRS. DOSS: None. 9 JUDGE POLLARD: 4.6 court orders. 10 COMMISSIONER LETZ: I make a motion that we 11 approve the Commissioners' Court orders for July 26th, 12 July 31st, August 2nd, August 9th. 13 COMMISSIONER BELEW: Second. 14 JUDGE POLLARD: All right. The motion was 15 made by Commissioner Precinct 3, seconded by 16 Commissioner Precinct 1 to approve the Commissioners' 17 Court orders of July 26, 2018, July 31, 2018, August 18 2nd, 2018 and August 9, 2018. Is there any further 19 comment or discussion? There being none, those in favor 20 signify by raising your right hand. It's three zero, 21 unanimous. One abstention, myself. I'll sign those. 22 5.1 reports from Commissioners and Liaison 23 Committee Assignments. Anybody? 24 COMMISSIONER LETZ: Just a quick one. On 25 the Animal Services Agreement with the City, I'm meeting 106 1 with the City Manager tomorrow morning at his request. 2 But texting last week doesn't seem to have any big 3 problems with me wanting to discuss a few items, but 4 that'll be on our next agenda. 5 JUDGE POLLARD: Okay. Reports from elected 6 officials and department heads. Anybody? 7 COMMISSIONER REEVES: Mrs. Bolin, we took 8 care of the problem of the polling place? 9 MS. DIANE BOLIN: We did. 10 JUDGE POLLARD: Okay. Reports from Boards, 11 commissions and committees. City/County joint projects 12 operations reports. 13 Other reports of any kind? 14 Update in the East Kerr County/Center Point 15 Wastewater Project? 16 COMMISSIONER LETZ: The project's going 17 well. If anyone decides to venture down 27 with all the 18 construction going on. There's a bridge that we built 19 over Bluff Creek, it's a little metal structure. Pretty 20 interesting. Get it done pretty quick. I think J3 was 21 the contractor that actually built the bridge, even 22 though they're not doing the rest of the project. The 23 project is moving into Center Point quickly, and 24 Commissioner Moser can work on that part of it. 25 JUDGE POLLARD: Okay. 107 1 MR. HASTINGS: Only one property owner left 2 in the easement. 3 JUDGE POLLARD: I guess we'll recess then 4 until 1:30. 5 COMMISSIONER REEVES: No, Sir. 6 JUDGE POLLARD: We go to executive session 7 now? 8 MRS. STEBBINS: Yes, Sir, please. 9 COMMISSIONER REEVES: Can we take -- 10 JUDGE POLLARD: Item 1.25, 1.26, and 1.27 11 pursuant to Section 551 of the Texas Government Code. 12 We're in closed session, please. 13 (Executive Session.) 14 JUDGE POLLARD: We're back in open session, 15 and is there a motion? 16 COMMISSIONER REEVES: Yes. Authorize -- 17 make a motion to authorize the County Attorney to draw 18 up an earnest money contract for the purchase -- and I 19 lost my legal description. Here it is. To purchase 20 1.72 acres of land out of the Survey #132, Abstract 152, 21 Kerr County, Texas in the amount of $63,000.00. 22 COMMISSIONER LETZ: Second. 23 JUDGE POLLARD: Been moved by Commissioner 24 Precinct 4, seconded by Commissioner Precinct 3 to 25 purchase 1.72 acres as dictated and the location of 108 1 which as dictated by Mr. Reeves into the record for a 2 purchase price of $63,000.00. 3 COMMISSIONER REEVES: And also authorize the 4 County Judge to sign any documents and submit earnest 5 money in the amount of ten percent of the purchase price 6 to a title company that is located in Kerr County. 7 JUDGE POLLARD: Okay. 8 COMMISSIONER LETZ: I second. 9 COMMISSIONER MOSER: Anything need to be 10 said about the meets and bounds? 11 COMMISSIONER REEVES: I'm going to have that 12 redrawn now to reflect that. Well, I'll go ahead and 13 put it in to reflect the easement as well as the fence 14 line issue. 15 COMMISSIONER MOSER: Okay. 16 COMMISSIONER LETZ: Fine with that as well. 17 JUDGE POLLARD: All right. That's the 18 motion, it's made and seconded. Is there any further 19 discussion? 20 COMMISSIONER LETZ: I just think this is -- 21 I'm not sure if we -- when we were talking about this in 22 open session because I see a lot people in the courtroom 23 may have missed where this is. 24 COMMISSIONER REEVES: This is the land -- 25 I'm sorry, I had my real estate cap on; not my 109 1 Commissioner's cap on. This is land surrounding the 2 Ingram boat dock off of Highway 39 in Ingram. 3 JUDGE POLLARD: All right. No further 4 comments or discussion, those in favor signify by 5 raising your right hand. It's four zero, unanimous. 6 One abstention, myself. 7 All right, we're in recess until 1:30. 8 (Recess until 1:30 p.m.) 9 JUDGE POLLARD: We're back in open session 10 that we had this morning and recessed, and the first 11 item on that agenda, if I can find my agenda, we want to 12 call 1.31 first -- 13 (Off the record.) 14 JUDGE POLLARD: All right, we'll call all 15 three at the same time. 1.31 is consider, discuss and 16 take appropriate action regarding base salary schedule 17 for elected officials. 18 1.32 consider, discuss and take appropriate 19 action to review, finalize and authorize filing the 20 proposed budget for the fiscal year 2018-2019. 21 And 1.33 consider, discuss and take 22 appropriate action to authorize (pursuant to Section 23 152.013(b) of the Local Government Code) publishing the 24 notice of proposed salary increases, expenses, and 25 allowances for elected County and Precinct officials of 110 1 Kerr County, Texas for the fiscal year beginning October 2 1, 2018. 3 Do you have any comments, Madam Auditor, 4 about those three things? 5 MRS. DOSS: Okay, the first one item 1.31, 6 this is regarding the basis salaries. These were set 7 back in May -- on May 14th, 2018, court order number 8 36753, and it was also adopted at -- or mentioned at 9 that time that these would increase by the COLA that was 10 adopted by Commissioners' Court for the corresponding 11 year. This year we also had a slight increase to the 12 Justice of the Peace salaries, so we have to get this 13 readopted to reflect the change in the Justice of the 14 Peace salaries. 15 JUDGE POLLARD: I would think it would take 16 a separate motion for each one of those items. 17 COMMISSIONER LETZ: Just looking at the 18 notices, and I'm not sure are on the schedule. The 19 salary for Commissioner 4 -- 20 COMMISSIONER REEVES: Is lower than the 21 other three to beginning with, and even with the COLA it 22 still should be lower. 23 MRS. DOSS: Which one are you looking at? 24 COMMISSIONER LETZ: Under 1.31 in the agenda 25 backup it says Kerr County base salaries elected 111 1 officials for -- 2 MRS. DOSS: Oh, you're looking at 1.32 -- 3 1.33. 4 COMMISSIONER LETZ: I'm looking at -- well 5 it was behind 1.3. It says -- 6 MRS. DOSS: The one you should be looking at 7 is this one. 8 COMMISSIONER LETZ: That's what I'm looking 9 at. Salaries for the Commissioner of Precinct 4 are not 10 correct, or the others aren't correct, because there's 11 one year where he didn't take a pay raise -- 12 COMMISSIONER REEVES: Four years. 13 COMMISSIONER LETZ: Four years didn't take 14 it. 15 COMMISSIONER REEVES: My salary's not equal 16 to there's. 17 MRS. DOSS: But this is the base salary. 18 This is what was adopted as the base salary. 19 COMMISSIONER LETZ: Okay, so proposed base 20 salary but that's not going to show the salary we get? 21 MRS. DOSS: Right. In your packet you also 22 should have a copy of the Court Order when adopted the 23 base salary in May of 2018. 24 COMMISSIONER LETZ: Okay. 25 COMMISSIONER MOSER: So the reason we're 112 1 doing this again is because the J.P. -- 2 MRS. DOSS: J.P. 1, 2, 3, and 4 had a 3 $1080.20 increase to their base salary. 4 COMMISSIONER MOSER: So otherwise we 5 wouldn't be discussing this. 6 MRS. DOSS: Right, because you had -- you 7 had adopted before that whenever the COLA increase that 8 would increase the basis salaries also. 9 COMMISSIONER LETZ: All right. I make a 10 motion that we approve the base salary schedule for 11 elected officials. 12 COMMISSIONER REEVES: And we're discussing 13 1.31. 14 COMMISSIONER LETZ: 1.31. 15 COMMISSIONER MOSER: Second. 16 JUDGE POLLARD: Been moved by Commissioner 17 Precinct 3, seconded by Commissioner Precinct 2 pursuant 18 to item 1.31 of the agenda approving the base salary 19 schedule for elected officials as submitted in the 20 agenda package. Does that state it? 21 COMMISSIONER LETZ: Yes, Sir. 22 JUDGE POLLARD: Any further comment, 23 questions or anything? Those in favor of the motion 24 signify by raising their right hands. It's five zero, 25 unanimous. 113 1 MRS. GRINSTEAD: For housekeeping should you 2 then rescind your previous order so that -- 3 COMMISSIONER LETZ: Should we rescind the 4 previous order. And I'll make a motion that it's 5 probably a good idea, Jody, thank you, to make a second 6 motion. Make a motion that we rescind all previous 7 elected official base salary schedules we may have 8 adopted. 9 COMMISSIONER MOSER: And I'll second that. 10 JUDGE POLLARD: Moved by Commissioner 11 Precinct 3, seconded by Commissioner Precinct 2 to 12 rescind all previous base salary schedules for elected 13 officials which would be in conflict with the one 14 adopted just previously. 15 COMMISSIONER LETZ: Right. 16 JUDGE POLLARD: All right. Any further 17 comment or question? If not, those in favor signify by 18 raising their right hand. It's five zero, unanimous. 19 All right, item 1.32. Is there a motion for 20 that? 21 COMMISSIONER REEVES: 1.32 is your proposed 22 budget? 23 MRS. DOSS: Yes. You should have a copy of 24 the proposed budget. 25 COMMISSIONER MOSER: And it's consistent 114 1 with the summary you just showed us? 2 MRS. DOSS: Yes, Sir. 3 COMMISSIONER MOSER: I make a motion that we 4 file the budget. 5 JUDGE POLLARD: Finalize and authorize the 6 filing of the proposed budget. 7 COMMISSIONER MOSER: Right. 8 JUDGE POLLARD: For the fiscal year 2018-19. 9 Is that your -- 10 COMMISSIONER MOSER: That's my motion 11 exactly. 12 JUDGE POLLARD: Is there a second? 13 COMMISSIONER REEVES: I'll second. 14 JUDGE POLLARD: Been moved by Commissioner 15 Precinct 2, seconded by Commissioner Precinct 4 pursuant 16 to item 1.32 of the agenda, and that is to finalize and 17 file the proposed budget for the fiscal year 2018 and 18 '19 as presented. And this is in about a pound package 19 here, maybe two pounds, I don't know. Any further 20 comments or questions? Those in favor of the motion 21 signify by raising your right hands. It's 5 zero, 22 unanimous. 23 Is there a motion on 1.33, which I've 24 already called? 25 MRS. DOSS: This is a schedule that we -- 115 1 you should of this in your packet. We published it in 2 the newspaper, we're required to do so, and it's the 3 increase in all elected official salaries, and vehicle 4 allowances or proposed travel, if they do increase. 5 COMMISSIONER LETZ: I make a motion that we 6 approve the proposed salaries for elected officials for 7 2018-19 as presented in the package. 8 COMMISSIONER LETZ: Is there a second? 9 COMMISSIONER BELEW: Second. 10 JUDGE POLLARD: Been moved by Commissioner 11 Precinct 3, seconded by Commissioner precinct 1 pursuant 12 to item 1.33 of the agenda to approve the proposed 13 salary increases, and expenses, and allowances for 14 elected County and Precinct officials of Kerr County for 15 the fiscal year beginning October 1, 2018. Is there any 16 further comment, questions or anything else? There 17 being none, those in favor signify by raising your right 18 hands. It's 5 zero, unanimous. 19 Now, let's go back to item 1.28, I believe. 20 1.28 of the agenda, consider, discuss and take 21 appropriate action to take a record vote on the proposed 22 2018 Kerr County tax rate. This should be a combined 23 tax rate of Kerr County and lateral roads. Diane Bolin. 24 MS. DIANE BOLIN: Okay. The proposed tax 25 rate at this point -- last year's rate was at point 50, 116 1 for so this will be a point 5150, if you go with the 2 penny and a half. 3 JUDGE POLLARD: Is there a motion? 4 COMMISSIONER MOSER: Make a motion that we 5 adopt the tax rate of -- 6 COMMISSIONER REEVES: Is that the exact 7 wording that we need? 8 MS. DIANE BOLIN: Not for this part. 9 COMMISSIONER MOSER: 0.515 cents per hundred 10 dollars. 11 COMMISSIONER REEVES: Was the number point 12 5150 per a hundred dollars valuation? 13 COMMISSIONER MOSER: Point 0000. 14 COMMISSIONER LETZ: Second. 15 JUDGE POLLARD: Ad infinitum. Is there a 16 second? 17 COMMISSIONER LETZ: Second. 18 JUDGE POLLARD: Been moved by Commissioner 19 Precinct 2, seconded by Commissioner Precinct 3 to 20 approve the tax rate -- proposed tax rate of point 5150 21 cents per hundred dollars of valuation, tax increase -- 22 MS. DIANE BOLIN: That is correct. 23 COMMISSIONER MOSER: Tax rate. 24 JUDGE POLLARD: Tax rate for the following 25 year -- 117 1 MS. DIANE BOLIN: That's right, tax rate. 2 JUDGE POLLARD: -- for 2018. Is there any 3 further comment or question? If not, those in favor 4 signify by raising your right hand. 5 MS. DIANE BOLIN: Record vote, please. 6 JUDGE POLLARD: Precinct Commissioner 1. 7 COMMISSIONER BELEW: Yes. 8 JUDGE POLLARD: 2? 9 COMMISSIONER MOSER: Yes. 10 JUDGE POLLARD: 3? 11 COMMISSIONER LETZ: Yes. 12 JUDGE POLLARD: 4? 13 COMMISSIONER REEVES: Yes. 14 JUDGE POLLARD: County Judge, yes. That's 15 unanimous five zero. 16 COMMISSIONER LETZ: That's probably the 17 first time I bet in ten years we haven't had to vote on 18 it -- 19 MS. DIANE BOLIN: Yes, at least. 20 JUDGE POLLARD: And employees are going to 21 appreciate this one. You get something this time pretty 22 good. Okay. 23 All right, 1.29 consider, discuss and take 24 appropriate action to set the dates and times for the 25 two public hearings required for the 2018 tax rate for 118 1 Kerr County and lateral roads. Diane. 2 MS. DIANE BOLIN: Yeah. And I left my 3 calendar in the office. The first one will be the next 4 Commissioners' Court, which I think is August the 27th 5 at 10 a.m. That's normally the time that we do them. 6 MRS. STEBBINS: Do you need a calendar? 7 MS. DIANE BOLIN: What's our first meeting 8 in September, please? 9 MRS. STEBBINS: The 10th, I think. 10 JUDGE POLLARD: September the 10th. 11 MS. DIANE BOLIN: I think that's right. And 12 then September 10th at 10 a.m. 13 COMMISSIONER REEVES: I make a motion to set 14 the public hearings as required for the 2018 tax rate 15 for Kerr County and lateral roads to be August 27, 2018 16 at 10 a.m., and September 10th, 2018 at 10 a.m. 17 COMMISSIONER LETZ: Second. 18 JUDGE POLLARD: Been moved by Commissioner 19 Precinct 4, and seconded by Commissioner Precinct 3 to 20 set the two public hearings required for the 2018 tax 21 rate of Kerr County and lateral roads. The first 22 meeting to be on August 27th at 10 a.m., and the second 23 meeting to be on September the 10th at 10 a.m. Both in 24 the year 2018. Is there any further discussion or 25 comment? There being none, those in favor signify by 119 1 raising your right hands. It's five zero, unanimous, it 2 passes. 3 All right, 1.30 consider, discuss and take 4 appropriate action to set the date and time for the 5 adoption of the 2018 Kerr County and Lateral Roads tax 6 rate. Miss Bolin. 7 MS. DIANE BOLIN: September the 24th is the 8 last meeting of September, and that's the date that we 9 have for -- 10 JUDGE POLLARD: 10 a.m.? 11 MS. DIANE BOLIN: 10 a.m. is fine. It has 12 to be done after the budget, so whatever time Brenda 13 puts, Jody will put me after. 14 JUDGE POLLARD: Is there a motion? 15 COMMISSIONER BELEW: I'll make the motion. 16 JUDGE POLLARD: Is there a second? 17 COMMISSIONER MOSER: Second. 18 COMMISSIONER REEVES: Second. 19 JUDGE POLLARD: Been moved by Commissioner 20 Precinct 1, seconded by Commissioner Precinct 2 to set 21 the date for the 2018 Kerr County and Lateral Roads tax 22 rate on September the 24th at 10 a.m. 23 I believe, is that the one we've been 24 waiting on? 25 COMMISSIONER MOSER: Uh-huh. 120 1 JUDGE POLLARD: Is there any further 2 business? 3 COMMISSIONER LETZ: We gotta vote on this. 4 MS. DIANE BOLIN: You gotta vote. 5 JUDGE POLLARD: Vote. I'm sorry, I was in a 6 hurry. All right, is there a motion? 7 COMMISSIONER MOSER: We did. 8 JUDGE POLLARD: All right, let's vote on it. 9 Those in favor signify by raising your right hand. Five 10 of us. 11 COMMISSIONER MOSER: You've been on 12 vacation. 13 JUDGE POLLARD: And I'm going back 14 immediately. It's five zero. Passes unanimously. 15 All right, any further business? If not, 16 thank the Lord, we're adjourned. 17 * * * * * * 18 19 20 21 22 23 24 25 121 1 STATE OF TEXAS * 2 COUNTY OF KERR * 3 I, DEBRA ELLEN GIFFORD, Certified Shorthand 4 Reporter in and for the State of Texas, and Official 5 Court Reporter in and for Kerr County, do hereby certify 6 that the above and foregoing pages contain and comprise 7 a true and correct transcription of the proceedings had 8 in the above-entitled Commissioners' Court. 9 Dated this the 25th day of August, A.D. 10 2018. 11 12 /s/DEBRA ELLEN GIFFORD Certified Shorthand Reporter 13 No. 953 Expiration Date 12/31/2018 14 * * * * * * 15 16 17 18 19 20 21 22 23 24 25