1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Regular Session 5 Monday, February 25, 2019 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: ROB KELLY, Kerr County Judge HARLEY BELEW, Commissioner Precinct 1 24 TOM MOSER, Commissioner Precinct 2 JONATHAN LETZ, Commissioner Precinct 3 25 DON HARRIS, Commissioner Precinct 4 2 1 I-N-D-E-X 2 NO. PAGE 3 *** Commissioner's Comments. 4 4 1.1 Consider, discuss and take appropriate 6 action to surplus three adjustable 5 standing desks tops from the District Clerk's Inventory. 6 1.2 Consider, discuss and take appropriate 7 7 action for the Court to approve a Concept Plan for Blue Ridge Ventures. 8 1.3 Consider, discuss and take appropriate 8 9 action for the Court to approve a final plat for Hidden Springs - Phase 2. 10 1.4 Consider, discuss and take appropriate 10 11 action for the Court to approve a Concept Plan for Mision En Las Colinas. 12 1.5 Consider, discuss and take appropriate 25 13 action on request for use of Flat Rock Park for UGRA Annual River Clean Up to 14 be held July 27th, 2019 from 7 a.m. to 1 p.m. 15 1.6 Consider, discuss and take appropriate 26 16 action to amend or rescind order 37235 for Easterfest. 17 1.7 Consider, discuss and take appropriate 28 18 action regarding the Resolution by the Commissioners' Court of Kerr County, Texas 19 authorizing the County Judge to execute a Certificate of Approval concerning the 20 issuance of revenue bonds designated as "City of Marion, Texas Higher Education 21 Facilities Corporation Higher Education Revenue Bonds (Schreiner University Project) 22 Series 2019" by the City of Marion, Texas Higher Education Facilities Corporation in 23 satisfaction of the requirements contained in section 147(f) of the Internal Revenue 24 Code of 1986, as amended. 25 3 1 I-N-D-E-X 2 NO. PAGE 3 1.8 Consider, discuss and take appropriate 30 action to accept annual racial profiling 4 report from Constable Precinct 2, and the 216th District Attorney's Office. 5 1.9 Discussion related to operations of the 31 6 Hill Country Youth Event Center (HCYEC). 7 1.11 Consider, discuss and take appropriate 47 action to appoint county representatives 8 to the Kerr County Animal Services Advisory Board. 9 4.4 Approve and accept Monthly Reports. 51 10 4.6 Court Orders. 52 11 1.12 Consider, discuss and take appropriate 54 12 action regarding the approval of the job description of Bookkeeper I in the Tax 13 Assessor's Office. 14 1.16 Consider, discuss and take appropriate 55 action to approve disbursement for jury 15 service by the Kerr County Treasurer as set by established Kerr County Jury Cash 16 Pay Procedures to also include filing claim for reimbursement with the 17 Comptroller for jury services paid. 18 *** Adjournment. 56 19 *** Reporter's Certificate. 57 20 * * * * * * 21 22 23 24 25 4 1 JUDGE KELLY: Court will come to order. It 2 is Monday, February the 25th, 2019 at 9 o'clock a.m., 3 and the Kerr County Commissioners' Court is now in 4 session. Commissioner Moser will lead us in the Prayer 5 and the Pledge. 6 (The Prayer and The Pledge of Allegiance.) 7 JUDGE KELLY: This part of the meeting is 8 open to visitor's input. If anyone would like to 9 address the Commissioners' Court s this is your 10 opportunity. I would advise, though, that if it is a 11 matter that is on the agenda to save your comments or 12 questions for the Court until we reach that agenda item. 13 But if there's something that's not on the agenda this 14 is an opportunity for you to come forward, and we would 15 ask that you identify yourself, and give us your 16 address, and limit your talk to about three minutes. Is 17 there anybody that would like to address the Court? 18 Okay, well with that, I'm going to ask the 19 Commissioners kind of give us a brief report of what 20 all's going on in your Precinct, and we'll start with 21 Precinct 1. 22 COMMISSIONER BELEW: A lot of high wind, 23 getting dry, thinking about putting on the burn ban 24 maybe if the wind keeps going. And we had a good time 25 at the Duck's Unlimited dinner the other night. That 5 1 was a fun event. So that's something that's going on at 2 the Hill County Shooting Sports Center, and right now we 3 have the Chinese team that wants to qualify for Olympics 4 out there at our own shooting store, so that's not in 5 Precinct 1, but I thought I'd bring it up. 6 JUDGE KELLY: Commissioner Moser. 7 COMMISSIONER MOSER: Well, I guess under the 8 category of the road to success is always under 9 construction. We're tearing up a lot of roads in Center 10 Point, people wondering when that project's going to be 11 over with, because there's has been a lot of mud and a 12 lot of dirt and everything else, but it will get there 13 and it'll be good. 14 And the other thing, I need to recognize 15 Road and Bridge folks for greatly improving safety at 16 Brinks Crossing bridge. They're putting up edge 17 indicators that oughta withstand any high water through 18 there, so that's a big improvement, so road to success 19 is always under construction. 20 JUDGE KELLY: The only thing I would share I 21 saw where Barbara Schellhase past away, General 22 Schellhase's wife, and the funeral's this morning while 23 we're having the Commissioners' Court meeting, and ask 24 you to remember her and the contributions they've made 25 to this County. Without him, I'm not sure we'd still 6 1 have a VA, a VA Hospital. In any event, just to 2 remember her in your prayers. 3 COMMISSIONER LETZ: The only thing I'll 4 mention today is -- I usually don't say hats off to the 5 Aggies, but a couple of young individuals that really 6 need to be recognized there. We have two sophomores A&M 7 that starting on their baseball team. Aaron Walters out 8 of Center Point, and Asa Lacy out of Kerrville. Really, 9 it's pretty amazing to have sophomores starting at that 10 level. And Asa is two and zero right now pitching, and 11 he's had 21 strike outs in 11 innings, so pretty 12 amazing. Anyway, hats off to those two young men. 13 COMMISSIONER HARRIS: You bet. In fact I'll 14 follow up. I had lunch with Aaron Walters on Wednesday 15 when I was in College Station at Commissioner's and 16 Judge's meeting there. 17 And as far as West Kerr, Precinct 4, spring 18 has sprung. Some things are way ahead of schedule. We 19 could use some rain. 20 Also Thursday night will be the West Kerr 21 Chamber of Commerce Banquet, if y'all care to come to 22 it, it'll be a Yogi Bear Park. And that's all I have. 23 JUDGE KELLY: Okay, good. And then I'll 24 call item 1.1 on the agenda to consider, discuss and 25 take appropriate action to surplus three adjustable 7 1 standing desks tops from the District Clerk's Inventory. 2 MRS. LANTZ: Good morning, Judge and 3 Commissioners. I just need to surplus these three desk 4 tops that are -- they raise and lower. So anyone who 5 would like them come see me in my office. Add them to 6 your inventory. 7 COMMISSIONER BELEW: I move that we accept 8 her proposal to surplus the desk tops. 9 JUDGE KELLY: Been a motion made by 10 Commissioner Belew, is there a second? I'll second that 11 motion, and just to get this done. 12 Is there any other discussion? Those in 13 favor raise your hand. Five zero, unanimous. Consider 14 it done. 15 Item 1.2 consider, discuss and take 16 appropriate action for the Court to approve a Concept 17 Plan for Blue Ridge Ventures in Precinct 4. Charlie 18 Hastings. 19 MR. HASTINGS: Thank you. This subdivision 20 proposes two commercial lots, and it is within the ETJ 21 of Kerrville. Access to both lots will be off of Blue 22 Ridge Drive, an existing road. There are no proposed 23 roads. They will have a shared fire lane. It's 24 proposed between the two lots. You can see that on the 25 plat as demarcated there. That's not road; that's a 8 1 fire lane. It will be platted through the City of 2 Kerrville and Kerr County simultaneously, again, two 3 commercial lots. The total acreage right now is 14.66 4 acres. The smallest lot will be 4.62, so the remainder 5 would be a little over 10. It will be served water 6 through Aqua Texas, they will be using septic systems, 7 they're out of the floodplain, and County Engineer 8 requests that the Court approve the Concept Plan for 9 Blue Ridge Ventures, Precinct 4. 10 JUDGE KELLY: Okay, is there any discussion? 11 COMMISSIONER HARRIS: I move that we accept 12 the Concept Plan for Blue Ridge Ventures in Precinct 4. 13 COMMISSIONER LETZ: Second. 14 JUDGE KELLY: Okay, it's been moved by 15 Commissioner Harris and second by Commissioner Letz to 16 approve the Concept Plan. Those in favor raise your 17 hand. Opposed? It passes five zero, unanimous. 18 And we have a timed item and we actually got 19 there. 1.3 consider, discuss and take appropriate 20 action for the Court to approve the final plat for 21 Hidden Springs Phase 2 in Precinct 3. Charlie Hastings. 22 MR. HASTINGS: Thank you. The Concept Plan 23 was approved September 11th, 2017 by Court Order 36318. 24 The preliminary plat was approved November 26th, 2018 by 25 Court Order 37162. Lot 56 includes a small area within 9 1 the floodplain and must meet requirements for 2 development in the floodplain. Access to the 3 subdivision will be off of US 87 in Kendall County. 4 They're proposing ten roads within the subdivision. 5 It's 71 residential lots, 419.25 acres total. The 6 smallest lot size will be 5.01 acres. Private wells 7 proposed as well as OSSF, on-site septic facility, 8 septic systems. There is some floodplain, Zone A 9 unstudied. And of course there's ten roads proposed, 10 total linear footage is just a little over five -- four 11 miles of roads, or five. No. Four, about four. 21,000 12 feet. 13 County Engineer requests that the Court 14 approve the final plat for Hidden Springs - Phase 2, 15 Precinct 3. The letter of credit was hand delivered to 16 me this morning. There's a draft in your packet. But I 17 have the actual letter of credit in hand, so if you 18 approve it and it gets signed it can be filed today. 19 JUDGE KELLY: Okay, any discussion? 20 COMMISSIONER LETZ: Looks good. I make a 21 motion to approve. 22 COMMISSIONER MOSER: Second. 23 COMMISSIONER HARRIS: Second. 24 JUDGE KELLY: A motion's been made by 25 Commissioner Letz, and seconded by Commissioner Moser 10 1 and Harris. Is there any other discussion? Those in 2 favor raise your hand. Unanimous, five zero. 3 Don't leave, Charlie. Call 1.4 consider, 4 discuss and take appropriate action for the Court to 5 approve a Concept Plan for Mision En Las Colinas, 6 Precinct 1. Charlie Hastings. 7 MR. HASTINGS: Thank you. This is 207 acres 8 out of a total of 305, proposed 8 lots. It looks likes 9 he's going to divide it into 12, but with what he plans 10 on platting would be 8 lots. The other 4 already have 11 access to existing roads so they don't have to be 12 included in this plat because the smallest lot size is 13 22.8 acres, so we're talking about big lots. Everything 14 is bigger than 22.8 acres. They are proposing to be on 15 private wells, septic systems. It's out of the 16 floodplain, there's no floodplain out there. They do 17 have some proposed roads, one, and it's about 3000 feet. 18 This subdivision proposes to 8 lots, and access to the 19 lots will be off of Upper Turtle Creek Road, and a 20 proposed paved country lane. The proposed paved country 21 lane, La Cumbre, has been constructed with flexible base 22 and cross drainage culverts have been installed, both 23 without the required court-approved preliminary plat or 24 County Engineer approved construction plans prepared by 25 a licensed professional engineer. The Developer, Larry 11 1 Mullins, was contacted by the County Engineer and asked 2 to stop construction and follow the Kerr County 3 Subdivision Regulations. The Concept Plan before you 4 today indicates the Developer has the following 5 authorities to contact for various approvals or guidance 6 in developing the Preliminary and Final Plat: The 7 County Clerk for subdivision name duplication avoidance, 8 911 for addressing and road name duplication avoidance, 9 and the Headwater Underground Water Conservation 10 District for establishing and monitoring well site, if 11 they so desire. 12 In addition, the Developer will need to have 13 a detailed road and drainage plans prepared by a 14 licensed professional engineer, and the proposed T-head 15 that you see on there will need to be replaced with a 16 cul-de-sac. We don't have T-heads in our specs. A 17 detailed testing plan will also need to be prepared by 18 the Developer's Engineer indicating the location and 19 testing methods that are to be used to confirm the 20 materials that have already been used and already 21 constructed of the road and drainage meets Kerr County 22 standards and has been properly placed and compacted. 23 The testing plan will be subject to approval by the 24 County Engineer. 25 The County Engineer requests that the Court 12 1 consider, discuss and take appropriate action to approve 2 the Concept Plan for Mision En Las Colinas subject to 3 the conditions as presented by the County Engineer. 4 This is in Precinct 1. 5 COMMISSIONER BELEW: What further in your 6 opinion needs to be done, anything? You have anything 7 to add to that as the County Engineer? 8 MR. HASTINGS: Nothing to add other than 9 everything that I mentioned, that's the process. 10 COMMISSIONER BELEW: What's the first step 11 then, Charlie? 12 MR. HASTINGS: First step is present this 13 Concept Plan. Next would be a Preliminary Plat, and 14 then third would be construction plans and a Final Plat, 15 and then the construction and testing. 16 COMMISSIONER BELEW: Concerning -- what I'm 17 getting to is concerning what's already been done. Do 18 you have to go out and look at the road base and see if 19 it's okay? I mean -- 20 MR. HASTINGS: I'm going to need a detailed 21 plan from his engineer on how to confirm that what is 22 out there is good to go. So, you know, I can go out 23 there and look at it, but I've not been out there when 24 the base was prepared, so I don't know what the base 25 looks like. I don't know if it meets any kind of 13 1 compaction requirements. I don't know if it's been 2 tested or who the lab was, so we're going to rely on the 3 developer's engineer since he's responsible for the 4 design to also include in that design an acceptable 5 method for testing. You want to go back and test it 6 without destroying what you put down, and there are ways 7 to do that, but it needs to be approved by a licensed 8 professional engineer, and it needs to come through my 9 office, and I need to say that it's okay also. 10 COMMISSIONER MOSER: And eliminate the 11 T-turn around? 12 MR. HASTINGS: Yes, Sir. 13 JUDGE KELLY: Charlie, what was his reaction 14 when you sent him the letter? 15 MR. HASTINGS: Haven't got a reaction from 16 the letter. But I had made a phone call before the 17 letter, and the reaction was okay, we'll stop. We'll 18 stop what we're doing. 19 JUDGE KELLY: Did he have an explanation why 20 he jump started this thing without approval? 21 MR. HASTINGS: I don't know. I don't know 22 the answer to that. He is here in the room if you'd 23 like to speak to him. 24 COMMISSIONER BELEW: You want to talk, 25 Larry? 14 1 MR. MULLINS: Sure. 2 JUDGE KELLY: I'm just kind of interested 3 how this happened. 4 MR. MULLINS: You want me up here? 5 JUDGE KELLY: Yes. Where ever you want to 6 stand is fine. 7 MR. MULLINS: I'm Larry Mullins. When I 8 started this project, we started a very extensive 9 clearing project out there with the cedar, and we had a 10 very extensive line of oak wilt, dead oak wilt, and 11 actually started out a clean up project there with the 12 cedar, and with the oak wilt trying to reap this winter 13 season, you know, where we'd be able to burn. In the 14 process of doing that, we really needed to be able to 15 transverse the property and the firebreak, so that's 16 where the driveway came into be was actually to be able 17 to transverse the property with safety equipment, the 18 fire trucks that we have out there, and the water trucks 19 that we have out there. We started to build that as 20 basically a firebreak down through the center of the 21 property to where we could burn from the sides to the 22 center. And when I actually started this, I had 23 actually met with Harley out there, we kind of felt that 24 we weren't falling under this subdivision ordinance 25 because of the size of the lots, and the proposed -- 15 1 it's a proposed private gated community, so there will 2 be a private road maintenance agreement within those 8 3 lots, so the County doesn't have any liability with that 4 road whatsoever being a private gated community. It 5 was, I think, what we talked about there. 6 So I kind of extended them to building the 7 firebreak, and then making it accessible for the fire 8 trucks and the other equipment we have on-site moving 9 the brush around. We have Charlie right across the 10 street so he's been able to be smoked out a few days, 11 I'm sure. 12 COMMISSIONER BELEW: Gone to the car wash a 13 lot. 14 MR. MULLINS: Yeah. I do believe I owe him 15 a few car washes. 16 COMMISSIONER BELEW: That's all right. 17 MR. MULLINS: We kept in pretty good contact 18 with all the neighbors out there as to what we're doing, 19 and so it kind of escalated to a little more than what 20 we had anticipated. When we got the base put down there 21 with the caliche and everything, I really wasn't sure we 22 were still going to plat it. I'm really not sure if I 23 still do want to plat it, but I want to move in that 24 direction for maybe something in the future, you know. 25 I was actually going to do the four lots that you see 16 1 there and then keep the rest as one with that being just 2 a private drive to access the other two hundred acres. 3 When I actually met with the County out there, we had 4 talked about not even platting it because I have so much 5 road frontage out there off of Las Colinas and off of 6 Upper Turtle Creek that we would just go ahead and make 7 each lot accessible off of Upper Turtle Creek and not 8 even build a road. So we kind of went down that avenue 9 a little bit, too in just maybe flagging the lots and 10 making each one come out to Upper Turtle Creek and that 11 way we wouldn't even need to plat it. And I think that 12 was the consensus we had left at that meeting that if I 13 went ahead and flagged them, I wouldn't even need to do 14 a private road, correct? 15 MR. HASTINGS: As long as it's in compliance 16 with the Subdivision Regulations. 17 MR. MULLINS: So then that was just going to 18 become a drive to one of the parcels. So that's -- 19 that's where we started out, and if I can try and 20 clarify that for you better, I will. 21 JUDGE KELLY: My understanding was that you 22 had submitted the Concept Plan to the County Engineer, 23 is that correct? 24 MR. MULLINS: We met with them. Yes, we did 25 meet with them, and I talked about it, and I said at 17 1 that time, I think well, maybe we'll back up and just go 2 ahead and not do a private road, have each one of them 3 accessible out to Upper Turtle Creek, which is still an 4 option that we have have. 5 JUDGE KELLY: Well, at what point did you go 6 to the County Engineer with the Concept Plan? 7 MR. MULLINS: Before we started. 8 JUDGE KELLY: So it's always been 9 contemplated that this was a possible subdivision? 10 MR. MULLINS: It was possible, yes. 11 COMMISSIONER LETZ: I was at that -- just to 12 help clarify, I was at the meeting, and Commissioner 13 Belew was there. There were two options. This was the 14 -- the Concept Plan they presented was an option that 15 was discussed, and the other option was well, if you 16 have access only off of two roads, you won't need to 17 plat it. 18 JUDGE KELLY: Right. 19 COMMISSIONER LETZ: And that when we left 20 the meeting, I don't think it was a decision of which 21 way we were going to go. 22 MR. MULLINS: Right. I hadn't made that 23 discussion which way we were going to go. If it turns 24 out that this is not going to be acceptable, we'll just 25 back up and make that road that's currently in there a 18 1 driveway to one of the parcels, and we'll just go ahead 2 and reconfigure the drawing. What I tried to do was 3 with this drawing here, we tried to use the natural 4 aesthetics of the land, the contour of the land, and not 5 make a whole bunch of long skinny access points out onto 6 the road. So that's -- that's what we're looking at 7 right now. It's nothing that I'm in a hurry to do. We 8 have the four lots that we've already accessed off the 9 road, the current road, so we can reconfigure the rest 10 of the drawing if the Court decides that, you know, they 11 don't want to look at it, this particular concept, we'll 12 go back and just redraw it, and use the existing road 13 frontages that we have, and just use what's currently 14 there as a private access drive for one of the parcels. 15 COMMISSIONER MOSER: So in summary, you can 16 go option A, the concept that you have with the 17 conditions that Charlie just laid out, okay? Option B 18 is say, nah, I'm not going to do that; I'll just access 19 different configuration off the existing roads. 20 MR. MULLINS: We'll just reconfigure the 21 site, yeah. 22 COMMISSIONER MOSER: And is that -- and you 23 hadn't decided option A or option B yet? 24 MR. MULLINS: Well, I guess you guys will 25 help define that decision for me. I have no problem 19 1 working with them. You know, I have no problem hiring a 2 private engineering firm to come out and do the 3 compaction test. I have no problem posting a bond on 4 the road, you know. But this is a private gated road, 5 so the county's got no liability whatsoever on this road 6 anyhow as far as future maintenance or any -- the road 7 is currently constructed in excess of what your 8 requirements are, width wise, base wise, gravel wise, 9 and we're actually proposing to chipseal it and pave it, 10 which is not even a requirement. 11 COMMISSIONER LETZ: You mentioned -- I just 12 want to make a point so that you understand something. 13 The fact that it's a private gated makes no difference 14 to us; we're public safety requires for fire, EMS, the 15 subdivision rules previously to this also is a private 16 gated. So our standards are the same regardless of what 17 kind of -- whether it's a gated subdivision or not. 18 COMMISSIONER BELEW: And in addition to that 19 things change. And so we have subdivisions all over the 20 county where they started off as one thing, and then 21 there were unforeseen problems in the future, so it has 22 to be done this way. For public safety, and for future 23 transference of property. 24 MR. MULLINS: I understand that. 25 COMMISSIONER BELEW: I know you know that. 20 1 MR. MULLINS: Because there was going to be 2 a deed restriction in each of the parcels that that 3 can't happen anyhow. It was going to actually have to 4 remain a private road. 5 The only other thing I want to address was 6 the T-turn around there that he mentioned that you don't 7 have provisions here for a turn around. I really would 8 like for you guys to consider that. I've built many 9 subdivisions in the home state where I came from that 10 we've used this T-turn around concept. It is much, much 11 easier for emergency vehicles to access, turn around in, 12 come back out of. And then down here when you have this 13 chipseal, when you have a cul-de-sac, and we're looking 14 at building 8 -- possible 8 knew homes in there, you're 15 going to have a lot of truck traffic in, bringing in 16 building materials, concrete trucks, everything else. 17 In a cul-de-sac design with this chipseal and this heat, 18 I mean I'm looking at Upper Turtle Creek Road, and just 19 what happens with Upper Turtle Creek Road coming in and 20 out of my driveway with a truck, this T-turn around will 21 have a whole lot less damage. When you get a truck in 22 there and start to try and turn a truck around in a 23 cul-de-sac, cement truck especially, this T-turn around 24 concept, I can assure you, and I can get you a lot of 25 different information from other municipalities that 21 1 I've dealt with how this T-turn around is much easier to 2 maintain, it's much easier for access to vehicles, and 3 commercial vehicles, to turn in and come back out 4 without damaging the road. 5 COMMISSIONER MOSER: Something we oughta 6 look at. 7 MR. MULLINS: I'm telling you I've done a 8 lot of them, and I can get you a lot of letters from 9 fire departments and other entities, emergency vehicle 10 entities where you can come into, you back up, and you 11 come back out of, and it doesn't rip all that asphalt 12 up, or chipseal up. 13 JUDGE KELLY: And that may be the case, 14 yeah. But I want to make sure that you understand that 15 we're requiring strict compliance with the subdivision 16 rules. And until those rules change, we expect to you 17 comply with them, that was the purpose of the letter. 18 MR. MULLINS: I haven't seen the letter, 19 so -- 20 JUDGE KELLY: Oh, the letter was sent. You 21 didn't see it? 22 MR. MULLINS: I think he sent it registered, 23 and I don't get registered out there where I'm at. 24 JUDGE KELLY: Charlie, would you make sure 25 we get a copy of that letter to him today. 22 1 MR. HASTINGS: Yes. And there's also an 2 affidavit on file in the public records of Kerr County 3 of that noncompliance violation, so -- 4 MR. MULLINS: Well, it's noncompliance if I 5 decide to proceed forward with the subdivision. If I 6 decide not to proceed forward with the subdivision, then 7 we'll just use that as a ranch road, correct? 8 COMMISSIONER BELEW: It has to be according 9 to the spec for emergency vehicles, if somebody's going 10 to be living there. 11 MR. MULLINS: If we use that as a private 12 drive and not subdivide it. 13 COMMISSIONER BELEW: If you're not going to 14 subdivide it. 15 COMMISSIONER LETZ: It depends. I just want 16 to caution you, you might want to look our rules. In 17 Texas -- I know you're not from Texas. State law says 18 if you lay out a road to get to a lot that triggers 19 platting, regardless of the size of the lot. And a 20 driveway like this it's hard to say that that's not a 21 road. You may call it a driveway, but it's still a 22 road. So just be -- you know, you need to be real -- 23 you know, when you're designing it make sure that you 24 decide to go that route and make sure that it's not 25 laying out a road. 23 1 JUDGE KELLY: Well, Mr. Mullins, I want to 2 be crystal clear, anything you do with regard to that 3 road whether it's a private driveway or it's a 4 subdivision, whatever the subdivision rules require, I 5 want you to be in a "Mother, may I" position with Mr. 6 Hastings to make sure that what you're about to do, 7 before you start doing it, has been approved by the 8 County Engineer. 9 MR. MULLINS: Yeah, I have no problem going 10 forward with him to address these issues. 11 JUDGE KELLY: Okay. I appreciate your 12 assurance. 13 MR. MULLINS: Yeah. 14 JUDGE KELLY: Okay. Thank you. 15 MR. HASTINGS: For the record, I've got the 16 certificate letter right here. I'm handing it to him 17 now. 18 JUDGE KELLY: Okay. Any other discussion 19 about this concept plan? 20 COMMISSIONER BELEW: Well, I'd like to hear 21 from the County Engineer again. So we go forward from 22 here, if we take the appropriate action to approve the 23 Concept Plan, then it's kind of a start-over position. 24 Where does that put Mr. Mullins until the road is 25 tested, does he proceed now or -- 24 1 MR. HASTINGS: No. 2 COMMISSIONER BELEW: -- stops. Everything 3 stops -- 4 MR. HASTINGS: Everything stops until we get 5 a preliminary plat, and we get construction plans. 6 COMMISSIONER BELEW: Okay. So it's not 7 testing the road; it's construction plans and the plat. 8 MR. HASTINGS: And the construction plans 9 will have a testing schedule on there to let us know how 10 it's going to be tested. 11 COMMISSIONER BELEW: Because there's already 12 something there, so we need to know what's happening 13 with that? 14 MR. HASTINGS: Yes, Sir. 15 COMMISSIONER BELEW: So I'll move that we 16 approve the concept plan for the construction of Mision 17 En Las Colinas. 18 COMMISSIONER MOSER: I'll second. 19 JUDGE KELLY: Commissioner Belew has moved, 20 and Commissioner Moser has seconded that we approve the 21 Concept Plan. Is there any other discussion? Charlie, 22 I wanted to make sure that you understand that we want 23 strict compliance with anything that happens in that 24 subdivision. 25 MR. HASTINGS: Yes. Thank you. 25 1 JUDGE KELLY: Those in favor raise your 2 hand. Opposed? Passes four to one. 3 Next item on the agenda is 1.5 consider, 4 discuss and take appropriate action on request for use 5 of Flat Rock Park for UGRA Annual River Clean Up to be 6 held July 27th, 2019 from 7 a.m. to 1 p.m. Yes, Ma'am. 7 MS. BUSHNOE: Good morning, Judge, 8 Commissioners. I'm Tara Bushnoe with Guadalupe River 9 Authority, and we have our 16th Annual River Clean Up 10 scheduled for July 27th of this year, and request 11 consideration to use Flat Rock Park for that event. We 12 have our volunteers spread out all throughout the 13 County, but we use the park as a headquarters. I think 14 this will be the seventh year that we've had our 15 headquarters there and it's worked out very well for the 16 event. And gather afterwards for refreshments and they 17 visit some information booths, and we also use the boat 18 ramp area as our trash pile compilation area, and I 19 coordinate with your Maintenance Department to make sure 20 that that's okay and where to put all of the piles, and 21 then we have it all cleared out by the end of the day, 22 and some of the remaining dumpsters by the following 23 Monday. 24 COMMISSIONER MOSER: And the park remains 25 open, right? 26 1 MS. BUSHNOE: Yes, yes, for other users. We 2 do kind of put cones up on that first road that's along 3 our setup area, but they can loop around. 4 COMMISSIONER MOSER: I move for approval of 5 the use of Flat Rock Park for the River Clean Up 6 sponsored by UGRA on July the 27th, and thank UGRA for 7 doing this. It's a great place to do that as opposed to 8 Louise B. Hayes Park and all, so good job. 9 MS. BUSHNOE: Thank you. 10 JUDGE KELLY: On behalf of the entire 11 County, thank you for what you're doing. 12 MS. BUSHNOE: Thank you, Sir. 13 JUDGE KELLY: It's been moved by 14 Commissioner Moser, second by Commissioner Belew to 15 approve the Annual River Clean Up by UGRA, July 27 of 16 this year. Those in favor raise your hand. Opposed? 17 Five zero, unanimous. Again, thank you. 18 COMMISSIONER MOSER: Thanks, Tara. 19 MS. BUSHNOE: You're welcome. 20 JUDGE KELLY: Item 1.6 consider, discuss and 21 take appropriate action to amend or rescind order 37235 22 for Easterfest. 23 MRS. DOWDY: That would be me today. This 24 is the order. I need one. I'm a member of Leadership 25 Kerr County. For the record my name is Jackie Dowdy, 27 1 Kerr County Clerk. In discussion with the rest of the 2 class it's come up that folks are setting up Thursday 3 instead of Friday, that's what it's for, I guess, and so 4 we just want to bring that to y'all's attention. 5 COMMISSIONER LETZ: So we need to change the 6 date to Thursday the 18th? 7 MRS. DOWDY: Yes. 8 COMMISSIONER LETZ: I'll make a motion that 9 we -- can we amend the Court Order? 10 COMMISSIONER MOSER: It seems like we could. 11 JUDGE KELLY: I think we can amend it. 12 COMMISSIONER LETZ: Make a motion that we 13 amend Court Order 37235, on the 4th line change the date 14 from Friday, April 19th, 2019 to Thursday, April 18th, 15 2019. 16 COMMISSIONER MOSER: Second. 17 JUDGE KELLY: And I would add to that, 18 subject to your approval, that we make it Order #37235A. 19 MRS. DOWDY: Okay. 20 JUDGE KELLY: Been moved by Commissioner 21 Letz and seconded by Commissioner Moser to approve the 22 amended dates for Easterfest. Any other discussion? 23 Those in favor raise your hand. Opposed? Five zero, 24 unanimous. 25 MRS. DOWDY: Thank you. 28 1 JUDGE KELLY: You get to make the order. 2 MRS. DOWDY: Yes, Sir. 3 JUDGE KELLY: Item 1.7 consider, discuss and 4 take appropriate action regarding the Resolution by the 5 Commissioners' Court of Kerr County, Texas authorizing 6 the County Judge to execute a Certificate of Approval 7 concerning the issuance of revenue bonds designated as 8 "City of Marion, Texas Higher Education Facilities 9 Corporation Higher Education Revenue Bonds (Schreiner 10 University Project) Series 2019" by the City of Marion, 11 Texas Higher Education Facilities Corporation in 12 satisfaction of the requirements contained in section 13 147(f) of the Internal Revenue Code of 1986, as amended. 14 Okay, does everybody understand what we're talking 15 about? 16 MS. FERRERO: Good morning, Judge, my name 17 is Lauren Ferrero. I'm at Norton Rose Fulbright in San 18 Antonio, and we represent the City of Marion Higher 19 Education Facilities Corporation. For the benefit of 20 Schreiner University they have been engaged in a plan of 21 finance over the past three years. We came here in 2017 22 and 2018, and this is the final portion 2019 Series 23 Bonds. As a part of the Federal tax requirements, we 24 have to go to the jurisdiction in which the project is 25 located, and that would be Kerr County, because 29 1 Schreiner University is located here. And we receive 2 approval from the Court as to the project. You don't 3 have any liability as it relates to paying the debt or 4 any other associated actions other than the approval 5 certificate that we've asked you to designate in Court 6 today. 7 COMMISSIONER MOSER: The same thing as 8 previous years? 9 MS. FERRERO: Same thing as previous years, 10 yes. 11 COMMISSIONER MOSER: Move for approval. 12 COMMISSIONER LETZ: Second. 13 JUDGE KELLY: You haven't -- I heard it in 14 prior years, so I didn't know if you'd heard it or not. 15 MR. HARRIS: No, I hadn't. 16 JUDGE KELLY: It's just an approval process. 17 COMMISSIONER LETZ: Strange deal. 18 JUDGE KELLY: I sat out there last year. 19 MS. FERRERO: Oh, okay, great. 20 COMMISSIONER BELEW: But could you 21 understand it better from out there? 22 JUDGE KELLY: No. It sounded the same way 23 every time. Any other discussion? 24 COMMISSIONER LETZ: I made a motion and he 25 made a second, or vice versa. 30 1 JUDGE KELLY: Those in favor raise your 2 hand. Five zero. 3 MS. FERRERO: Thank you so much. 4 JUDGE KELLY: You want us to sign these and 5 take them back today? 6 MS. FERRERO: That would be great. 7 JUDGE KELLY: Let me get that at the break 8 and I'll hand it to you. 9 MS. FERRERO: Okay. 10 JUDGE KELLY: Item 1.8 consider, discuss and 11 take appropriate action to accept annual racial 12 profiling report from Constable Precinct 2, and the 13 216th District Attorney's Office. 14 This is just something we do annually. They 15 submit it and we approve it. We have to have one on 16 file. Bad things happen to us if we don't. So any 17 other discussion? 18 COMMISSIONER LETZ: Move we accept the 19 annual Racial Profiling Report for Constable Precinct 20 2 -- 21 COMMISSIONER HARRIS: Second. 22 COMMISSIONER LETZ: And the 216th District 23 Attorney's Office. 24 JUDGE KELLY: All right, it's been moved by 25 Commissioner Letz and second by Commissioner Harris to 31 1 approve the Racial Profiling Report of Constable 2 Precinct 2 and 216th District Attorney's Office. Those 3 in favor raise your hand. Opposed? Five zero, 4 unanimous. 5 Item 1.9 discussion related to operations of 6 the Hill Country Youth Event Center. Jake Williamson. 7 COMMISSIONER LETZ: I'm going to start this 8 one. It seems like the Court really liked the Tetra 9 Tech book, of a big project, and kind of explained it. 10 So I started putting this together, be a little bit more 11 information to become, but let me go through kind of 12 what's in here, because it's a big project going on a 13 long time out there and trying to get everyone on the 14 same page. 15 Under the first tab there's kind of an 16 overview. I don't. I'm just going to go over the first 17 tab and then kind of explain what's in it. The first 18 tab, a couple general comments that I put together 19 because it's a -- I'll just read them. The contract 20 with Spectra expires September 2020, so it's about time 21 to start looking at this. First year of operations did 22 not cover the first complete fiscal year of 2015-16. 23 When the contract started with Spectra there was no 24 existing contracts to use to -- I said no; there were 25 very few. There were a couple probably that were out 32 1 there, but minimal. The contract with Spectra requires 2 them to setup, takedown and clean after all County and 3 4-H events. But there are some volunteer help with 4 that, but the burden primarily goes to Spectra. 5 And the contract with Spectra blocks out 6 about six weeks for the Hill Country District Junior 7 Livestock Show. And then the final point is that the 8 Hill Country Junior District Livestock Show is a 9 partner, they put up over a million dollars towards the 10 construction and furnishing, so that's why we block out 11 those dates. And I put those points in here because, 12 you know, while we're trying to make as much money as 13 possible at the facility, we're also blocking out 14 probably, you know, six weeks for the stock show event, 15 plus they have to give us free service for -- I don't 16 know, how many events did you have out there for the 17 County last year? 18 MR. WILLIAMSON: 131. 19 COMMISSIONER LETZ: 131 County and 4-H 20 events that they did and got no compensation for, so 21 pretty hard -- we're not maximizing our revenue because 22 of guidelines that the Court has put on Spectra, or 23 whoever would be the operator of that facility. 24 The next page is a kind of a timetable of 25 what things were done. You know, the project when it 33 1 started there in 2011 when we tore down the outdoor 2 arena and then began construction of the new outdoor 3 arena. And in 2012, we completed the outdoor arena, and 4 began the demolition of the -- what used to be referred 5 to as the old hog barn. In 2013 the new show barn was 6 built. 2014, we began construction of the Event Hall, 7 and that was completed in 2015. 2016, after we 8 completed the construction of the Event Hall, we had -- 9 we set aside, I think, it was about 300 thousand 10 dollars, maybe 500 thousand dollars, for things that we 11 -- I won't say it's a wish list. We had a wish list 12 that we weren't able to fund completely. So we decided 13 rather than just start buying things, let it operate 14 awhile and get input from Spectra as to what we needed 15 to buy. And in 2016 we bought tables and chairs, and 16 built a concession stand. And then in 2017, we 17 installed that big dividing panelfold door, and then 18 actually in 2018 we bought additional chairs and tables. 19 And those are important because the chairs and tables 20 make revenue. That's kind of where it is. 21 The next divider is last year's annual 22 report that Spectra does evert year. It really gives 23 you a good overview of that whole facility. 24 After that, and I have four. It's the 25 amendment and the contract with Spectra for those that 34 1 want to read through it in detail. There's some things 2 that are a little bit different in it, but it's good to 3 read parts of it. 4 And then after that in tab 5 is an agreement 5 we have with the Hill Country District Junior Livestock 6 Show. So I just put this together kind of as an 7 overview. 8 Next Monday, the 4th, corporate member from 9 Spectra, I think it was going to be Peter Zingoni is 10 going to come down and meet with us in a workshop 11 meeting and kind of go through. And I thought it would 12 really would be helpful to make sure everyone was up to 13 speed on the Court as to where we are. 14 I'm working with Jake on some other 15 financial comparisons and events, and what the growth 16 out there and things that have happened. It's not realy 17 easy to come up with those numbers exactly, because 18 there are some things that the County still pays for 19 such as utilities, and then they're trying to -- but 20 anyway I'll have that after I get -- I thought it was 21 going to be easier to come up with that total number. 22 And I'll just hand those out and then go on the books on 23 Thursday. 24 And Jake, that's just an overview. Really 25 that was the main point. I don't know if Jake wants to 35 1 add anything to it, but -- 2 MR. WILLIAMSON: The only thing I would add 3 is, you know, we're in our fourth season out there, 4 we're an international company, we do this all over the 5 nation. We've had very good success with selling your 6 property, renting it out, on a no-risk basis. So that 7 means, you know, everybody's paying us to come there, 8 rent tables or chairs, we're providing the services that 9 we agree to. And we also know the importance of the 10 history of the building and providing a place for the 11 youth and the 4-H, and those organizations to come to, 12 is by no means should be overlooked by any means how 13 well the county's taking care of those people, and we 14 enjoy it doing it everyday. 15 COMMISSIONER MOSER: Jake, one of the things 16 before the contract with Spectra was looked at the 17 possibility of having venues, or this is a venue for 18 other things that you guys were hosting or sponsoring 19 around the nation. As we do the workshop it would be 20 interesting to know how many things were funneled 21 through here in addition to being organic, you know, 22 from within the County. So that will be an interesting 23 fact. So you might think about that. 24 MR. WILLIAMSON: Sure. Will do. 25 COMMISSIONER LETZ: Two other things I'd 36 1 like to bring up, and it sort of -- I think it can go 2 without saying, but probably doesn't hurt to say it as 3 well. Events of this that use this facility book out 4 two, three, four years in advance. When we went and 5 started the construction in 2000 -- probably 13, that 6 year, we pretty much shut that facility down. 7 JUDGE KELLY: I remember. 8 COMMISSIONER LETZ: So it came, you know, to 9 try to build up customers it takes three or four years. 10 And in looking back, you know, you almost -- I mean, I 11 think my original expectations were a little bit grand 12 on how much growth we could get out there. And it just 13 takes a long time to get these things worked into the 14 system, people look at it and say yeah we'd love to 15 come, we can talk about two years down the road and that 16 type of a -- it's a long-term aspect of it, I think is 17 interesting. 18 The other thing -- and we have been 19 unable -- or Precinct 2 has been unable to get wine 20 sales approved, and through no one's fault in this room. 21 I mean but it just hasn't happened. That's a big issue. 22 That's a big revenue amount out there that we just have 23 to walk away from, we can make no money off of that. 24 And we -- I think when we originally were talking to 25 them, we thought that would be -- was going to come 37 1 along quicker than it has. I think it still will happen 2 at some point. I think we can -- there's a couple ways 3 we can get there, but I think it's an issue. 4 COMMISSIONER MOSER: To ride on that, it's 5 pretty simple. It takes about $5,000.00 and hire people 6 to go door to door and get signatures and it'll get 7 done. But so far we just hadn't had somebody to come up 8 with $5000.00 and get people to go door to door, so 9 there's a new plan on how to do that, so hopefully we 10 can get it done next time. 11 COMMISSIONER LETZ: I think it'll happen. 12 Anyway, and I think -- I know Mr. Charlie McIlvain's 13 here. We had talked a little bit before at another 14 meeting briefly about it the Economic Impact Facility. 15 And, Charlie, come up, and -- 16 JUDGE KELLY: Before you sit down, Jake, I 17 want to thank you. I especially enjoyed getting your 18 reports. It's nice to be in the loop and just kind of 19 know what's going on and very much appreciate. We enjoy 20 working with you. We're looking forward to working with 21 your boss -- what's that? 22 COMMISSIONER LETZ: Peter Zingoni. 23 JUDGE KELLY: Peter Zingoni. So thank you 24 very much. 25 MR. WILLIAMSON: You bet. 38 1 COMMISSIONER BELEW: I'd like to say 2 something, too. I get a lot of feedback in the 3 community, people that have done events out there, your 4 name comes up a lot. So you've helped to make that 5 successful by how easy you make it for people to deal 6 with them. So thank you. 7 MR. WILLIAMSON: You're welcome. 8 MR. MCILVAIN: Good morning, Judge Kelly and 9 Commissioners. I am Charlie McIlvain, President and CEO 10 of the Kerrville Convention and Visitors Bureau, my 11 address is 2108 Sidney Baker. And I want to address the 12 economic impact that the Kerr County Hill Country Youth 13 Event Center does have on our community. And while 14 there's no study that has been conducted to determine 15 the overall economic impact, without that facility being 16 there, we know that it would have -- definitely have a 17 big impact on our community. And the professional 18 management programs and targeted marketing efforts on 19 behalf of Spectra Management Team is paying dividends. 20 Please allow me just to cite a few examples 21 since January 1st of 2019. One is the Texas Pork 22 Producers. Initially -- there was initial conflict when 23 they started looking at the facility. Jake and his team 24 worked on that and were able to offset an event that was 25 a one day event, moved it to another date. That date or 39 1 that project has been ended up being even more 2 successful in that they increased their program by ten 3 percent. But the pork producers were allowed to come 4 in, and they spent three days at the facility, and three 5 days here in Kerrville. And based on the attendance of 6 25 hundred people, we know roughly a third of them 7 stayed the entire time and used our hotel facilities. 8 And that third generated an economic impact of 9 $604,758.00 while they were here. Another third were 10 day visitors that came back and forth each day. They 11 generated another $172,431.00. And then the other third 12 were locales that stayed at home and came and went each 13 day. But that event itself generated $777,189.00 for 14 our community. Now, that's without any multiplier 15 assessed at all. That's just direct expenditures, 16 direct economic impact coming into our community. 17 Another program that's been very successful 18 is the Hill Country District Junior Livestock Show. And 19 they generate another seven hundred -- or over three 20 quarters of a million dollars into our community each 21 year. Year in year out. So just those two shows alone 22 since the first of the year, that's over 1.3 million 23 dollars economic impact to our community that wouldn't 24 be here if that facility weren't in place. 25 Another event that was totally different was 40 1 the Texas Renaissance Festival, and this is the third 2 year that that group has booked in Kerrville and been 3 here. They had 3,050 attendees the first weekend, and 4 another 2600 -- or over 2600 the second weekend they 5 were in town. And while we don't have their economic 6 numbers, they're without a doubt helped generate a lot 7 of new dollars, fresh dollars into our community. 8 Several of those or, a number of those folks did stay in 9 hotels. Many of them used our campground facilities, 10 and others were locals that stayed here. 11 There are other new programs that have been 12 generated during the last three years. The Texas Angora 13 Goat Raisers, the Gala of The Royal Horse, the Monster 14 Trucks, the Vintage Market Days, Baloona Palooza, the 15 Kid n Ewe & Llamas Too Show, and then the San Antonio 16 Kennel Club All Breeds Dog Show now calls the Hill 17 Country Youth Event Center home, and they book three or 18 four events annually into this event and into our 19 community. And then there are many local events and 20 activities that are booked at the Youth Event Center. 21 In fact, Commissioner Letz just mentioned a few minutes 22 ago that some of these are booking three to four to five 23 years out, and that's exactly right. In fact, we were 24 working with a project, some local organizers to look at 25 a new three-day event. We couldn't find a three-day 41 1 weekend within the first three or three and a half years 2 that we could even book it into that facility, they've 3 done that well booking events and activities. 4 It's important that I make two additional 5 points. One, most public facilities, I'm referring to 6 convention centers, event centers, sports complexes and 7 other similar facilities, regardless of what community 8 they're located in, normally do not return on 9 investment, and probably never will. But those 10 facilities are designed to generate new dollars into the 11 community, they're economic generators that literally 12 generate millions of dollars annually in the form of 13 fresh new dollars that's coming into the community and 14 new tax dollars coming into our community that again 15 would not take place had that facility not been there. 16 And two, I want to commend the Event staff 17 manages and operates the facility. I've been in this 18 industry for many years, worked in a number of different 19 cities, including Fort Worth, and this staff is the most 20 dedicated, hard working facility's management team that 21 I've worked with. We hear nothing but positive feedback 22 from groups that we have worked with that have booked 23 out there, and that's very unusual. Again, in other 24 cities you don't always get that kind of feedback. 25 The Kerrville Convention Visitors Bureau 42 1 greatly values and appreciates the working relationship 2 we have with Jake Williamson, Robin Martin, and Eddie 3 Gonzales. And that my report. 4 COMMISSIONER MOSER: Charlie, a couple 5 questions since you opened it up. When you said about a 6 third of the people stayed in hotels, how do you get 7 that number? 8 MR. MCILVAIN: One, we check the hotels on 9 special event weekends, and there wasn't a hotel room in 10 Kerrville that wasn't booked. 11 JUDGE KELLY: So how do you say a third of 12 them? 13 MR. MCILVAIN: Because we only have a 14 certain number of hotels and we know -- again, we follow 15 up with the hotels and -- 16 COMMISSIONER MOSER: So if that wasn't there 17 the hotels would be 60, 70 percent full? 18 MR. MCILVAIN: Probably -- possibly not that 19 full. Depends on what else is going on. 20 COMMISSIONER MOSER: So that's that, okay. 21 Second thing, big revenue from the hotels, 22 and this is not --first of all, I say City and County 23 have no issues, okay, put that on the record, again and 24 again and again. So Kerr County Texas payers, including 25 those in the City, pay the six million dollars to build 43 1 that facility, and a lot of people stay in hotels. 2 MR. MCILVAIN: Correct. 3 COMMISSIONER MOSER: And what is the hotel 4 tax, how much is that? 5 MR. MCILVAIN: 13 percent. 6 COMMISSIONER MOSER: And how is that 7 divided? 8 Six percent goes to the State. Seven 9 percent goes to the City. 10 COMMISSIONER MOSER: Right, right. So -- 11 and I know we tried to get some money from EIC and all 12 in building that facility, but we didn't get it. So I 13 don't need to explain what I'm talking about. 14 MR. MCILVAIN: And the County may want to 15 look down the road at generating a -- 16 COMMISSIONER MOSER: Oh, we definitely -- 17 MR. MCILVAIN: -- occupancy tax for the 18 County. I would recommend that you consider that. 19 COMMISSIONER MOSER: Well, I just want to 20 say that, you know, the six percent and seven percent, 21 nothing's back to the County to help offset the cost of 22 that facility, so rest my case. 23 COMMISSIONER LETZ: I will say a comment 24 that I don't know how many years ago, but in the past 25 the hotel-motel tax, the City has -- I'm not sure how it 44 1 works and all that, but I guess the City makes the final 2 call, have made improvements in that facility. Not in 3 recent years. 4 COMMISSIONER MOSER: Yeah, not in recent 5 years. 6 COMMISSIONER LETZ: And I think that's 7 something that, you know, we should visit with the City. 8 COMMISSIONER MOSER: Look at it in the 9 future. 10 COMMISSIONER LETZ: Because I think that in 11 the past they did do quite a bit out there -- I don't 12 say quite a bit. I mean pretty good improvements. They 13 redid the bathrooms one year and some other things. 14 COMMISSIONER MOSER: Yeah. And I was just 15 looking and see, we're looking at the facility. I 16 wasn't looking back and I wasn't looking forward; I was 17 just looking at all the counting of the facility and 18 just wanted to make sure everybody realized that that 19 was that, so -- and, you know, I don't know -- well, 20 what a new convention center would do to the -- to some 21 of the things that's going on out at that -- but that's 22 a City deal; that's not a County deal, so -- 23 MR. MCILVAIN: Well, as I mentioned before 24 those are two distinct markets. You don't attract the 25 same -- 45 1 COMMISSIONER MOSER: Well, we'll look at the 2 data there. I mean there's some banquets and all. 3 MR. MCILVAIN: I agree, banquets are one 4 thing that probably would have an impact, but yes. 5 Overall, those are are two distinct different markets 6 between your convention market and the market that uses 7 the Youth Event Center. 8 COMMISSIONER MOSER: Okay. Thank you, 9 Charlie. 10 JUDGE KELLY: Mr. Reeves, you had your hand 11 up. 12 MR. REEVES: Just to add to Charlie and the 13 question on the EIC, Commissioner. They have provided, 14 roughly, I believe about 150,000 to the livestock show 15 for some furnishings that Commissioner Letz mentioned. 16 COMMISSIONER MOSER: Okay, good. Good 17 point. Thank you. 18 JUDGE KELLY: And on behalf of the County 19 we're appreciative of that. Hope that they appreciate 20 what we're providing for the benefit of the City, the 21 citizens of Kerrville. 22 COMMISSIONER BELEW: And I would add that 23 competition makes everybody better. There's going to be 24 competition, and we want to be on our best game. 25 JUDGE KELLY: So no socialism in Kerr 46 1 County, right? 2 COMMISSIONER LETZ: Anyway, I just wanted to 3 get an overview so everyone -- 4 JUDGE KELLY: And I want to make a special 5 thanks to you, because we have this workshop coming up 6 and I really like the format, the homework is done 7 before we have the workshop, so for putting this all 8 together for us. Great reference resource, and hats 9 off. 10 COMMISSIONER LETZ: Really came to me after 11 the Tetra Tech comment. It was a comment you made, 12 Judge, that you really appreciated having it all in one 13 spot. And it does, it makes sense, it makes it a lot 14 easier for all of us. 15 JUDGE KELLY: So we're looking forward to 16 it, but we're going to be ready. 17 COMMISSIONER BELEW: So there's no action on 18 that one? 19 COMMISSIONER MOSER: Discussion only. 20 JUDGE KELLY: Next item on the agenda is 21 1.10 consider, discuss and take appropriate action 22 regarding Resolution of noncompliance of 305.954 acres 23 located at 205 Colinas Drive. Discussed on February 24 11 -- I think -- 25 COMMISSIONER BELEW: I think we kind of 47 1 resolved that. 2 JUDGE KELLY: I think so. That's Mr. 3 Mullins. 4 MR. MULLINS: Yes, Sir. 5 COMMISSIONER LETZ: No action. 6 COMMISSIONER BELEW: No action. We can move 7 on. 8 JUDGE KELLY: And we want to thank you for 9 helping us get that resolved, Mr. Mullins. 10 MR. MULLINS: Thank you. Appreciate it. 11 JUDGE KELLY: Item 1.11 consider, discuss 12 and take appropriate action to appoint county 13 representatives to the Kerr County Animal Services 14 Advisory Board. 15 COMMISSIONER LETZ: A month ago we created 16 the Board, and the City had appointed their 17 representative, Karen Guerrero, in the audience. But 18 the County never has, and the reason for the delay is 19 we've had a great difficulty coming up with the people 20 to fill those slots. One needs to be a veterinarian, 21 one needs to be a manager of an animal shelter within 22 the county. 23 COMMISSIONER BELEW: Now, why is that? 24 COMMISSIONER LETZ: That's under the state 25 law that we form it under -- we could make some changes 48 1 to it, but we thought it was cleaner just to use -- if 2 you're over 35 thousand, you're mandated to have this by 3 state law, so we just took their template and used it. 4 The good news is, I have a veterinarian that 5 is willing to serve, is Dr. David Goodnight. He is 6 part-time, works at the Kerrville Veterinary Hospital is 7 what it's called, clinic? 8 JUDGE KELLY: Out there on Junction Highway? 9 COMMISSIONER LETZ: Yeah. Out there with 10 Cardwell, he's a part-time vet, he's a consultant, he 11 travels all over the nation, qualified, and would be 12 glad to serve. 13 The other position, the animal shelter 14 manager, is a little bit up in the air still. We have 15 two that qualify in Kerr County. Jenny Woodland at the 16 Humane Society out off Junction Highway, and Phyllis 17 Allen at Freeman-Fritts. Miss Woodland has declined. 18 Miss Allen has not accepted. But she hasn't declined. 19 So I sent her an e-mail last week and I have not heard 20 back, but I know she's really busy. When I talked to 21 her a month or so ago, she was reluctant because of a 22 worry about time commitment, but kind of implied that if 23 we couldn't get anybody else she would consider it, 24 so -- 25 COMMISSIONER BELEW: Well, I have a 49 1 question. Does it have to be somebody that's currently 2 at an animal shelter, or somebody who has the 3 experience? 4 COMMISSIONER LETZ: The way it's worded, my 5 recollection is, that it has to be a current shelter 6 manager, but we do not have to follow that template 7 exactly. So my thought would be that we make the -- and 8 I guess, I'm not sure the Court ever formally appointed 9 the other two. One has to be Reagan Givens because he's 10 the Director of the facility, the other is a member of 11 the Commissioners' Court, which I think the assumption 12 would be myself as liaison. To me, I think we should go 13 ahead and get four of the five finalized, and I'll visit 14 with Miss Allen again. I don't want to, you know, take 15 the presumption of appointing her without her accepting 16 or agreeing ahead of time. 17 COMMISSIONER BELEW: That's what happens 18 when you don't show up at the meetings. 19 COMMISSIONER HARRIS: There you go. 20 COMMISSIONER LETZ: And if for some reason 21 she cannot do it, I'll come back to the Court and we'll 22 eliminate that criteria, and appoint somebody else. 23 JUDGE KELLY: What was her first name again? 24 COMMISSIONER LETZ: Phyllis. 25 COMMISSIONER MOSER: So you are making a 50 1 motion? 2 COMMISSIONER LETZ: I make a motion that we 3 appoint Dr. David Goodnight, Reagan Givens as Director 4 of the facility, and myself as Commissioner Liaison. 5 COMMISSIONER MOSER: Second. 6 JUDGE KELLY: Commissioner Letz made the 7 motion, Commissioner Moser has seconded it to appoint 8 David Goodnight, Reagan Givens, and Jonathan Letz as 9 members of the -- what was the name of the committee? 10 COMMISSIONER LETZ: Kerr County Animal 11 Services Advisory Board. 12 JUDGE KELLY: Is there any other discussion 13 on that? One comment I would make is if she hasn't 14 turned us down, we could appoint her and if she really 15 doesn't want to do it she can resign, but I don't want 16 to be presumptuous. 17 COMMISSIONER LETZ: I would rather not do 18 that. 19 COMMISSIONER HARRIS: Yeah, read it in the 20 paper. 21 JUDGE KELLY: Sometimes you just need to 22 nudge them a little bit. 23 COMMISSIONER MOSER: I'd like to go along 24 with the motion as we have it. 25 JUDGE KELLY: Those in favor raise your 51 1 hand. Opposed? Unanimous, five zero. 2 Now we'll take 1.12 is consider, discuss and 3 take appropriate action regarding the approval of the 4 job description of Bookkeeper I in the Tax Assessor's 5 Office. Executive session. 6 MR. REEVES: Your Honor, if we could have 7 executive session. 8 COMMISSIONER BELEW: Could we have a break 9 before we do that? 10 JUDGE KELLY: It's ten o'clock. We'll take 11 a ten-minute recess. 12 (Ten-minute recess.) 13 JUDGE KELLY: Come to order. Okay, it is 14 10:11 and Court is back in session. We've got several 15 items for executive session that we'll skip over and 16 move on to item 4.1 pay the bills. Did we lose James? 17 COMMISSIONER LETZ: No bills. 18 JUDGE KELLY: No bills. And so any budget 19 amendments? 20 COMMISSIONER LETZ: No. 21 JUDGE KELLY: Late bills? 22 COMMISSIONER MOSER: None. 23 JUDGE KELLY: Monthly reports? 24 COMMISSIONER HARRIS: Yes, Sir. Treasurer 25 report for January, 2019, and port folio summary from 52 1 October 1st, 2018 through December 31st, 2018 by Tracy 2 Soldan. J.P. Precinct 1 report for January, 2019, Mitzi 3 French. J.P. Precinct 4 report for January, 2019, Bill 4 Ragsdale. Precinct 3 Constable report for December, 5 2018, and January, 2019, Ken Wilke. Precinct 4 6 Constable report for January, 2019, Gene Huffaker, and 7 the Department of Human Resources and Indigent Services, 8 January 2019. Move to approve as presented. 9 COMMISSIONER LETZ: Second. 10 JUDGE KELLY: Commissioner Harris has moved, 11 Commissioner Letz has seconded to approve the monthly 12 reports. Those in favor raise your hand. Opposed? 13 Five zero, unanimous. 14 No Auditor reports, because there's no 15 Auditor here. 16 Any court orders? 17 COMMISSIONER LETZ: Yes. We have court 18 orders from the February 21st meeting, that was our 19 special meeting last Thursday. I'll make a motion to 20 approve those court orders. 21 COMMISSIONER BELEW: Second. 22 JUDGE KELLY: Commissioner Letz has moved, 23 Commissioner Belew has seconded for approval of the 24 Court orders. Those in favor raise their hand. 25 Opposed? Passes five zero. 53 1 James, you're back in the room. We said no 2 bills. 3 MR. ROBLES: No bills today. 4 JUDGE KELLY: No budget amendments, no late 5 bills? 6 MR. ROBLES: No, Sir. 7 JUDGE KELLY: And no Auditor reports. 8 MR. ROBLES: No, Sir. 9 JUDGE KELLY: Okay, we got it right. 10 Okay, on the information agenda, any reports 11 from Liaison Commissioners or Committee Assignments? 12 Okay. I think we're doing a pretty good job on Thursday 13 mornings for those of you that don't know that we do 14 that. 15 5.2 reports from elected officials or 16 department heads. We're doing that on Thursday mornings 17 also. 18 COMMISSIONER BELEW: Did the County 19 Treasurer come in to say something? 20 MRS. SOLDAN: No, Sir. 21 COMMISSIONER LETZ: She had an agenda item. 22 COMMISSIONER BELEW: Well, he skipped over 23 that a moment ago. Her name came up and then she wasn't 24 in here. He did. 25 JUDGE KELLY: Okay, any update on the East 54 1 Kerr County/Center Point Wastewater Project? 2 Okay, then we will adjourn into executive 3 session if nobody has anything else. 4 And as we're leaving, our wounded in action, 5 Deb Gifford's wrist is recovering well. We got her back 6 on duty. 7 Judge Mitchell's recovering well. I 8 understand she's still just uncomfortable and in some 9 pain, but doing quite well. 10 And our Auditor, I understand, is doing 11 well. 12 COMMISSIONER MOSER: Wounded in action, that 13 means workman's comp. 14 JUDGE KELLY: No. I was just exaggerating. 15 COMMISSIONER MOSER: Okay. 16 JUDGE KELLY: Okay, thanks. 17 (Executive Session.) 18 JUDGE KELLY: Okay, it is 11:26, and we're 19 now back in session after our -- Court is back in 20 session. We've got action to take 1.12, which was 21 consider, discuss and take appropriate action regarding 22 the approval of the job description of Bookkeeper I in 23 the Tax Assessor-Collector's Office, and I guess we've 24 already got the description for Bookkeeper II. 25 COMMISSIONER LETZ: I make a motion that we 55 1 approve the job description as presented for Bookkeeper 2 I in the Tax Assessor's Office. 3 COMMISSIONER HARRIS: Second. 4 JUDGE KELLY: Commissioner Letz has moved 5 and Commissioner Harris has seconded that we approve 6 this job description change. Is there any other 7 discussion about it? Okay, those in favor raise your 8 hand. Unanimous, five zero. 9 Second action item we have coming out of 10 executive session is 1.16 consider, discuss and take 11 appropriate action to approve disbursement for jury 12 service by the Kerr County Treasurer as set by 13 established Kerr County Jury Cash Pay Procedures to also 14 include filing claim for reimbursement with the 15 Comptroller for jury services paid. 16 COMMISSIONER LETZ: I make a motion that we 17 defer to the Local Government Code, we authorize the 18 County Treasurer to disburse to the person who reports 19 for jury service any amounts that may be appropriate, 20 subject to the County Auditor approving such procedures. 21 JUDGE KELLY: And our approval -- this 22 motion would be subject to the County Auditor's approval 23 in her absence. 24 COMMISSIONER MOSER: Contingent on it. 25 COMMISSIONER LETZ: And this would be 56 1 effective March 1st. 2 JUDGE KELLY: We'll make it effective March 3 1st, which means we've got to get the signature this 4 week. 5 COMMISSIONER HARRIS: Okay. Second. 6 JUDGE KELLY: Motion's been made by 7 Commissioner Letz, second by Commissioner Harris. All 8 those in favor raise your hand. Unanimous 5-0. 9 Okay, is there any other business before 10 Commissioners' Court this morning? Then we stand 11 adjourned. 12 * * * * * * 13 14 15 16 17 18 19 20 21 22 23 24 25 57 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 Reporter in and for Kerr County, do hereby certify that 6 the above and foregoing pages contain and comprise a 7 true and correct transcription of the proceedings had in 8 the above-entitled Commissioners' Court. 9 Dated this the 9th day of March, A.D. 2019. 10 11 /s/DEBRA ELLEN GIFFORD Certified Shorthand Reporter 12 No. 953 Expiration Date 04/31/2020 13 * * * * * * 14 15 16 17 18 19 20 21 22 23 24 25