1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Regular Session 5 Monday, February 24, 2020 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 DON HARRIS, Commissioner Precinct 4 25 2 1 I-N-D-E-X 2 NO. PAGE 3 *** Public Input. 6 4 *** Commissioner's Comments. 12 5 1.1 Consider, discuss and take appropriate 13 action on Order permitting Republic Services 6 to use proceeds from tax-exempt bonds for their solid waste disposal facility located 7 in Kerr County. 8 1.2 Consider, discuss and take appropriate 29 action regarding recycling trailer for 9 Precinct 4. 10 1.3 Consider, discuss and take appropriate 36 action regarding County's participation 11 in the Alamo Area Council of Government (AACOG) Comprehensive Economic Development 12 Strategy (CEDS) Committee. 13 1.6 Consider, discuss and take appropriate 48 action to approve Proclamation declaring 14 March as American Red Cross Month. 15 1.9 Consider, discuss and take appropriate 48 action to approve a Resolution in support 16 of the Residence at Ridgehill Development, a senior living development. 17 1.11 Consider, discuss and take appropriate 71 18 action to approve a letter of credit as a financial guarantee for the construction 19 of road and drainage improvements in the Hidden Springs Phase II Subdivision. 20 1.12 Public hearing to adopt a new Kerr County 76 21 Flood Damage Prevention Order which revises the previous Order No. 32024 to include 22 changes made by the Federal Emergency Management Agency to the Kerr County Flood 23 Insurance Study and Flood Insurance Rate Maps 0600G, 0625G, 0650G, 0750G, and 0775G 24 dated May 15, 2020 (South Kerr County Medina Watershed.) 25 3 1 I-N-D-E-X 2 NO. PAGE 3 1.13 Consider, discuss and take appropriate 77 action to adopt a new Kerr County Flood 4 Damage Prevention Order which revises the previous Order No. 32024 to include 5 changes made by the Federal Emergency Management Agency to the Kerr County Flood 6 Insurance Study and Flood Insurance Rate Maps 0600G, 0625G, 0650G, 0750G, and 0775G 7 dated May 15, 2020 (South Kerr County Medina Watershed). 8 1.14 Consider, discuss and take appropriate 81 9 action for the Court to approve the Meadowbrook Retirement Community 10 Manufactured Housing Rental Community Development Plan, Phase 1, located on 11 State Highway 27 and Hoot Owl Hollow. 12 1.15 Consider, discuss and take appropriate 91 action for the Commissioners' Court to set 13 a public hearing regarding the installation of two stop signs at the intersection of 14 Red Oak Ln. W. and Sherwood Ln. W., Greenwood Forrest, Section 7 Subdivision. 15 1.16 Consider, discuss and take appropriate 92 16 action for the Commissioners' Court approval to purchase the Stalker MC360 17 Message Trailer Sign. 18 1.17 Consider, discuss and take appropriate 98 action to approve the Victims of Crimes 19 Act (VOCA) Grant Application for the Crime Victim Services Department. 20 1.18 Consider, discuss and take appropriate 114 21 action to approve the Victim Compensation Benefits Assistance Agreement with Court 22 Appointed Special Advocates, CASA. 23 1.5 Consider, discuss and take appropriate 117 action to surplus various county equipment. 24 25 4 1 I-N-D-E-X 2 NO. PAGE 3 1.4 Consider, discuss and take appropriate 117 action to accept annual report on County 4 Clerk's investments as it regards the Registry Accounts of the County Court to 5 comply with the Texas Estates Code 1355.052. 6 1.6 Consider, discuss and take appropriate 118 action to approve Proclamation declaring 7 March as American Red Cross Month. 8 1.7 Consider, discuss and take appropriate 119 action to approve changes to the Kerr 9 County Sheriff's Office Wrecker Rotation Policy and Procedures. 10 1.8 Consider, discuss and take appropriate 120 11 action to accept the annual Racial Profiling Report from Constable Precinct 2. 12 1.10 Consider, discuss and take appropriate 121 13 action to appoint a member of Commissioners' Court or designate a person to perform the 14 investigation under Section 751.005 of the Texas Health and Safety Code for the purpose 15 of determining if the minimum standards for ensuring public safety and order as 16 prescribed by law will be maintained under the application for permit for mass gathering 17 by the EasterFest (hosted Leadership Kerr County, which is sponsored by the Kerrville 18 Chamber of Commerce). Hearing set for March 23, 2020 at 8:30 a.m. 19 1.19 Consider, discuss and take appropriate 123 20 action to approve and adopt the budget calendar for Fiscal Year 2020-2021. 21 2.1 Pay Bills. 126 22 2.2 Budget Amendments. 126 23 2.3 Late Bills. 127 24 2.4 Auditor Reports. 127 25 2.5 Accept Monthly Reports. 128 5 1 I-N-D-E-X 2 NO. PAGE 3 2.6 Court Orders. 129 4 3.1 Status Reports from Elected Officials. 129 5 3.2 Status Reports from Liaison Commissioners. 131 6 *** Adjournment. 149 7 *** Reporter's Certificate. 150 8 * * * * * * 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6 1 JUDGE KELLY: Good morning. It is February 2 24, 2020, 9 o'clock in the morning and the Kerr County 3 Commissioners' Court is now in session. If you would, 4 please rise for the prayer and the pledge. 5 (Prayer and the Pledge of Allegiance.) 6 JUDGE KELLY: Be seated. I don't think this 7 is going to be a particularly busy morning, but 8 sometimes you just never know. 9 First thing I need to do is everybody has 10 one of these, I know. Make sure that it's turned off or 11 silent. If it goes off the Sheriff is my Bailiff, and 12 he will take it up and give it to me, and you'll have to 13 come back and get it from me after Commissioners' Court 14 meeting. 15 Now with that said, the next item on the 16 agenda is the opportunity for people who would like to 17 address the Commissioners' Court to offer their input. 18 And we ask that anyone that wants to speak on an item 19 that is on the agenda wait for that agenda item and 20 you'll be recognized at that time. But if there's 21 something not on the agenda that you would like to 22 address the Court, this is your opportunity to come 23 forward. Would anyone like to address the Court? 24 Okay. Miss Hall. Let's do this first of 25 all by identifying you. You are Miss Tammy Hall? 7 1 MRS. HALL: Terri. 2 JUDGE KELLY: Sorry. Terri Hall. 3 MRS. HALL: Terri Hall. Thank you, Judge 4 and Commissioners. I'm glad to be here this morning. 5 Just to give you an idea, I wanted to talk a little bit 6 about the bond that y'all are considering. 7 But to give you a background about myself so you know 8 kind of where I'm coming from. Even though our family's 9 fairly new to Kerr County, we've been in the Hill 10 Country for over 15 years. We -- I'm a home school mom 11 of ten kids, we're small business owners. 12 JUDGE KELLY: Ten. 13 MRS. HALL: Yes, ten. Count 'em, all mine. 14 And there's lots and lots of things that consume my time 15 that are so very important to me, but I feel compelled 16 to get involved, and guess you could say watchdogging 17 government. That's kind of what's really the passion 18 for really my whole life. But we came to Texas because 19 we wanted freedom, and we wanted liberty, we wanted 20 conservatism, we wanted a lower tax burden. 21 I was one of those people that fled 22 California for all the right reasons, I might say. And 23 we could see it, we could see how liberalism was 24 encroaching on our very lives and threatening our 25 ability to homeschool, lots of things, and we came here 8 1 because we love Texas as a beacon of liberty. 2 I've been very active in the legislature for 3 I think it's now 8 sessions. I'm very familiar with the 4 process. I'm up there several times a week during 5 session. And a lot of my kids are also very active and 6 involved in government, and the community through 4-H 7 and other things. 8 JUDGE KELLY: I know your daughter Jackie's 9 with Chip Roy, right? 10 MRS. HALL: Yeah, that's right. She's Chip 11 Roy's District Outreach person here in Kerr County. And 12 she's worked for several Senators in the Legislature, 13 several State Reps. She's been working campaigns with 14 me since she was itty-bitty. And literally all my kids, 15 all ten of them, have knocked doors, made phone calls. 16 You know, we actually do what we believe, you know, we 17 really back it up. 18 And I have two grass roots organizations 19 that watchdog mostly transportation-related issues, but 20 sometimes it's property rights or other issues that come 21 into play. Been very active in trying to reduce the 22 property tax burden at the legislative level, because I 23 know that's a big problem. 24 But here today, I'm just getting a growing 25 concern about what I'm hearing about the bond. I just 9 1 feel strongly that bonds are a deferred tax increase. 2 At the end of the day it will increase our tax burden, 3 which is already for so many too high. And I just 4 watchdog both local government, state government, and 5 been all the way to D.C. multiple times, including the 6 White House, and I've just seen bonds abused, especially 7 here at the local level where it's kind of like a get 8 out of jail free card for restraining spending, or using 9 our tax money on necessities. 10 Because what we see is we will have the 11 bonds have things like roads or things that everybody 12 uses and that we need, that we see as a legitimate role 13 of government. And that's how they get them passed is 14 because they throw in things that everybody uses and 15 needs and really want, and is desperate for. 16 Meanwhile, a lot of times the budget has 17 bloat on nonessentials, and that's why necessities have 18 to be covered by bonds. And so things like economic 19 development, or tax abatements, whatever it may be. 20 So the other thing I've seen especially with roads since 21 I do a lot with transportation. Particularly I was one 22 of those folks that was trying to stop the Trans-Texas 23 Corridor, and a lot of the toll roads around the State, 24 and we've seen that explode our cost to build roads. I 25 mean you're going to pay double when you pay interest on 10 1 that debt. If we don't have the money to build the road 2 now, imagine how we're going to come up with double that 3 when you have to retire that debt. 4 And we're seeing the State level be eaten 5 alive by the amount of debt that they issued early on in 6 the early 2000's. And it's really killing our state 7 road budget, because we're having to spend such a huge 8 portion now to retire debt instead of build the roads 9 that we need in a growing state. 10 So I don't want to see that happen in our 11 county. And I just know it's going to hit our property 12 taxes eventually. And in many ways we ask existing 13 residents to pay for what we have with growth issues, 14 new residents. You know as a new resident, I know I'm 15 one of the problems, I'm part of the problem, but what 16 really got my eye was the 4.2, I think it is, million on 17 a pet shelter. 18 While I know that you have certain legal 19 obligations as a county for that, I feel like that is 20 not essential compared to people. People over animals, 21 and people that are getting taxed out of their homes. 22 You know, I'm in Ingram where we have a lot of people 23 that are living in trailers because they can't afford a 24 brick and mortar house. And I just feel like that would 25 be an enormous amount of money to spend on a facility 11 1 for animals versus what we need for humans. 2 So anyway, that's just a little bit about my 3 thoughts. Initially, I know that there's a lot going 4 on, that you're just considering it, but what I have 5 found and when you put committees together and you study 6 it and you spend that many months on something, you're 7 usually going to pull a bond. I mean, in other words it 8 ain't my first rodeo, I see how this stuff works. 9 So anyway, we would just real appreciate 10 your consideration of trying to -- I mean you're going 11 into your budget process right now, and to really, 12 really drill down into making sure our budget's set on 13 essential so that we don't have to look at debt as our 14 way to get out of some of our issues. 15 So anyway, thank you. 16 COMMISSIONER MOSER: Thank you. 17 JUDGE KELLY: Thank you. And I would -- we 18 can't respond when you make your comments, so we just 19 thank you for coming. 20 Is there anyone else who would like to 21 address the Court at this time? And the reason for that 22 it has to be on the agenda for us to do that, right? 23 I'm looking at my County Attorney. 24 MRS. STEBBINS: Yes. 25 JUDGE KELLY: Okay. But I don't want you to 12 1 think that we don't -- we would like to respond, but we 2 can't do it right now. 3 Okay, Commissioner Comments. Precinct 1. 4 COMMISSIONER BELEW: No. 5 COMMISSIONER MOSER: A couple things. A 6 former County Commissioner, Larry Griffin, died last 7 night, and lived in Hunt for a long time. I've known 8 Larry for -- I'll just put it in terms of decades rather 9 than years, for several decades. Great guy. His twin 10 brother Gerry Griffin, who's been active in the 11 community, and in the NASA era, we called Larry Colonel 12 look alike, because they were both Colonels in the Air 13 Force, and they were exact twin brothers, so anyway, 14 we'll miss him, and he's contributed a lot to the 15 community. And that's all I have. 16 JUDGE KELLY: Okay. Precinct 4. 17 COMMISSIONER HARRIS: Not a lot. This 18 Thursday night, we have the West Kerr Chamber Banquet 19 held out at the Buckhorn. This year's theme and focus 20 is towards the exotic hunting industry, so it's always a 21 fun deal. And we'll recognize several outstanding 22 features in the West Kerr area, so fun time. 23 JUDGE KELLY: Okay. On the county-wide 24 basis, I would encourage everybody to get out and vote. 25 I voted last week. It's interesting when you're sitting 13 1 in your polling place and voting and you hear other 2 people's comments about the trick questions for the 3 Resolutions. If you haven't read the Resolutions, read 4 them before you go. I think they're all designed to be 5 answered yes, that's what whoever prepared them wants 6 them answered yes. So when you have any doubt if you 7 really want it, then if you are in favor of what they 8 say, say yes. But I had several people have to 9 interrupt the election judges to try to figure out what 10 they're saying. But in any event, be sure and go vote. 11 COMMISSIONER MOSER: Let me add one other 12 thing, if I may. There's been a number of people in 13 Precinct 2 that have noticed a huge amount of trash 14 along Highway 27, Center Point toward Comfort. And 15 somebody has cleaned it up, okay. I don't know if it 16 was the State, I don't know if it was volunteers, but 17 anyway it's been cleaned up, so thanks to whoever has 18 done that. So a number of people have complained about 19 that, so good news. 20 JUDGE KELLY: Okay. Well, with that then 21 we're ready to go ahead and start the consideration 22 agenda. Item 1.1, consider, discuss and take 23 appropriate action on an order permitting Republic 24 Services to use proceeds from tax-exempt bonds for their 25 solid waste disposal facility located in Kerr County. 14 1 Mr. Lee McCormick. Mr. McCormick here? 2 MS. GREATHOUSE: Summer Greathouse. I'm 3 here representing Mission Economic Development 4 Corporation. If you like I can go ahead and -- 5 JUDGE KELLY: Please state your name again 6 so I get it. 7 MS. GREATHOUSE: Summer Greathouse. 8 JUDGE KELLY: Okay, go ahead. 9 MS. GREATHOUSE: So I'm an attorney with 10 Bracewell, and we represent the Mission Economic 11 Development Corporation. That is the entity that issues 12 the tax-exempt bonds. In 2008, Mission issued bonds 13 that allowed Republic, who is the current owner of the 14 waste facility, the waste disposal facility, issued the 15 bonds in connection with Republic acquiring that 16 facility and engaging in improvements, and other 17 maintenance issues. 18 Right now we're here today to ask for your 19 approval. They're wanting to refinance, so we'll be 20 issuing additional bonds that will be tax exempt to do 21 additional improvements. Your approval is required 22 under a state and tax law. 23 These are not obligations of Kerr County. 24 There is no real risk to Kerr County. This is just kind 25 of a procedural issue that we have to take care of. Any 15 1 of the facilities that are located within Kerr County or 2 Bexar County, we have to receive the approval of the 3 Commissioners' Court from those counties. 4 There was a public hearing that was held 5 about ten days ago. No public comments were received or 6 made at that hearing. And just for your information, 7 this location is at 3315 Loop 534, and the bonds that 8 will be issued for this part of the project is 12.6 9 million. 10 COMMISSIONER MOSER: How much? 11 MS. GREATHOUSE: Excuse me? 12 COMMISSIONER MOSER: How much did you say? 13 MS. GREATHOUSE: 12.6 million. 14 COMMISSIONER BELEW: The purpose of which is 15 what? 16 MS. GREATHOUSE: The refinancing for 17 additional maintenance and improvements. Republic owns 18 quite a few facilities all throughout the state, so 19 they're doing a refinancing of kind of the whole package 20 for all of those facilities. So I don't know, I can't 21 answer exactly what's going to happen with respect to 22 the facility that's here in Kerr County, but that is the 23 intent of the bond issuance. 24 COMMISSIONER MOSER: Is that facility owned 25 by Republic, or is it owned by the City? 16 1 MS. GREATHOUSE: It is owned by Republic. 2 COMMISSIONER MOSER: Oh, okay. 3 JUDGE KELLY: Which one is it? I'm trying 4 to figure out where we are. 5 COMMISSIONER MOSER: By the animal shelter. 6 MRS. STEBBINS: The landfill. 7 JUDGE KELLY: The landfill. Republic owns 8 the landfill. 9 MR. HASTINGS: It should be the transfer 10 station at the landfill. Yes, sir. 11 COMMISSIONER BELEW: They don't own all the 12 acreage out there, do they? 13 MR. HASTINGS: No. The City owns the 14 acreage and Republic Services is operating the landfill. 15 They are filling the landfill, but the majority of what 16 gets brought in there gets transferred to the Tessman 17 Landfill in San Antonio. And a number of years ago, 18 about eight maybe, they built a transfer station and I 19 can only assume that's what those bonds are for. Is it 20 12.5 million alone, just for the -- 21 MS. GREATHOUSE: 12.6 that are related to 22 this particular facility. 23 MR. HASTINGS: That are related to 24 Kerrville, the one in Kerrville? 25 MS. GREATHOUSE: Yes. 17 1 MR. HASTINGS: Okay. 2 COMMISSIONER MOSER: Well, that -- that's -- 3 the transfer station is a metallic building that -- 4 MR. HASTINGS: It must be the cells for the 5 landfill also, I can only assume, because it -- all they 6 have is equipment out there and transfer station and 7 then the landfill. 8 COMMISSIONER MOSER: Right. Could we get a 9 better understanding of what Republic is asking the 10 tax-free bonds for? I mean, because the transfer 11 station is -- if it costs a million I'd be absolutely 12 amazed. It's just a big building that's open and 13 nothing there except place for the trucks to come in and 14 trucks to go out, and front end loaders to load. But I 15 understand there's no risk for the County. But still it 16 would -- I'd hate to explain to somebody why I voted for 17 something that I didn't know what 12 million dollars is 18 for. 19 MS. GREATHOUSE: Right. And it may be that 20 that is what's allocated, right, because -- and I'm just 21 speculating because I'm -- I don't represent Republic. 22 I represent Mission. And in fact, I'm here on behalf of 23 some other attorneys who are really handling this 24 project. But it may just be that that's what is 25 allocated, right. They may have a -- like an 18 1 overarching infrastructure, and that's what's allocated 2 to this particular facility, if that makes sense. 3 COMMISSIONER MOSER: Yeah, it does. 4 COMMISSIONER HARRIS: We just need something 5 a little bit more definitive to act on this, I think. 6 COMMISSIONER MOSER: Yeah, because the City 7 has talked about that facility and even expanding it in 8 the future and retiring it right now, and that's what 9 they're doing, but then expanding it in the future. So 10 I'm -- I'm confused. 11 MS. GREATHOUSE: Okay. Well, but wait, so 12 your approval would just be to allow Mission to issue 13 their tax exempt bond. Because it's -- you're over 14 lumping -- 15 JUDGE KELLY: I understand what you're 16 asking for, I don't understand why. And I don't know 17 why a private company, whether it's Mission or Republic, 18 is allowed to have access to tax-exempt bonds. And I 19 have constituents that are asking me that and I can't 20 answer the question, and quite frankly, I don't know how 21 I vote for something that I don't understand. 22 MS. GREATHOUSE: Right. And I understand 23 that. 24 JUDGE KELLY: I know you just want to 25 conduct an election. I know what you want to do. But 19 1 at the same time, we need to understand why. 2 MS. GREATHOUSE: Right. And I understand 3 that and thank you for that question. And so private 4 activity bonds are allowed by the government. It's a 5 state -- federal and state law that allows private 6 companies that are conducting public services like this, 7 taking care of trash, taking care of transportation, 8 taking care of housing. You know, state and federal 9 laws that they govern that. And so what this is 10 allowing them to do is having access to tax-exempt bonds 11 which allow you to have lower interest rates for your 12 debt which you're providing -- 13 JUDGE KELLY: We understand tax-exempt 14 bonds. 15 MS. GREATHOUSE: -- right, and you're 16 providing a public service and you're doing so at a 17 lower cost because you don't have the debt load. 18 COMMISSIONER MOSER: We don't know what 19 service is being provided. 20 JUDGE KELLY: It had something to do with 21 solid waste. We got that much figured out. Right? 22 MS. GREATHOUSE: Correct. And -- 23 JUDGE KELLY: And transfer stations, right? 24 COMMISSIONER BELEW: Maybe. 25 COMMISSIONER HARRIS: Possibly. 20 1 MS. GREATHOUSE: I am sorry. I am just 2 unfamiliar with this. 3 JUDGE KELLY: That's okay. You're just a 4 lawyer. You didn't expect any of this today. 5 MS. GREATHOUSE: I am just unfamiliar with 6 what exactly this particular -- 7 JUDGE KELLY: When's their election, let's 8 put it that way? 9 MS. GREATHOUSE: I am unsure of that 10 information as well. We just conducted the public 11 hearing about ten days ago. 12 JUDGE KELLY: And I'm sorry you're the 13 lightning rod for this, but is this something that we 14 can put back on the agenda and let Republic come talk to 15 us? You know, if it's time sensitive we need to know 16 that. 17 MS. GREATHOUSE: It is time sensitive. I do 18 know that they are going before Bexar County in the 19 beginning of March, and that they need to have that 20 approval I think by the middle of March. So I'm 21 assuming your Commissioners' Court meetings are the end 22 of every month, correct? 23 JUDGE KELLY: No. We meet every single 24 Monday. 25 MS. GREATHOUSE: Every single Monday. Okay. 21 1 JUDGE KELLY: The regular meetings are the 2 second and the fourth. And the first and third are our 3 -- basically our information dockets. But we just had a 4 recent incident where somebody wanted us to do something 5 for economic development, and it had to be done by 6 April 1, which on -- by County speed rates, it's never 7 going to happen. We don't do anything by April 1. And 8 it sounds like this is another -- something that's very 9 time sensitive that they need right away but nobody 10 comes and tells us what and why. I'm sorry. 11 COMMISSIONER HARRIS: Does anybody know why 12 Mr. McCormick or Lee McCormick didn't come? 13 JUDGE KELLY: He's the one that sent the 14 letter. 15 COMMISSIONER HARRIS: Right. Okay. Got it 16 on the agenda. 17 JUDGE KELLY: But I didn't understand the 18 letter when I got it either. And somebody sent you so 19 you're -- you know -- 20 MS. GREATHOUSE: Right. And we're 21 representing Mission so -- would not be the actual owner 22 or operator of the facility. We are the ones who are 23 helping facilitate providing public services at a better 24 price through issuing private activity bonds, again, 25 that allow those public services to be conducted by a 22 1 private company for a better price. 2 COMMISSIONER HARRIS: Well, I think we need 3 to pass until we get a little better understanding of 4 this point. 5 JUDGE KELLY: I was afraid this was what's 6 going to happen, that's why I don't know what to tell 7 you. 8 MS. GREATHOUSE: Well, thank you for your 9 time. And I will work to have someone get you 10 information on the actual facility. If you could just 11 let me know what -- what information do you need exactly 12 and I'll make sure that that information gets to you. 13 COMMISSIONER MOSER: I guess the simple 14 question is why. Why is this being requested? For 15 what? What is it? Why is it, what is it? 16 JUDGE KELLY: We need to know what they're 17 doing, what these assets represent. You're talking 18 about 12.6 million dollars. There's got to be some kind 19 of significant investment for those bonds to be issued 20 to finance that, right? 21 MS. GREATHOUSE: Well, it's also 22 refinancing. The original debt that was issued, I 23 believe, was actually -- and I have to look at that. 24 COMMISSIONER MOSER: But what was it? 25 JUDGE KELLY: But just -- if somebody wants 23 1 us to do something they oughta come tell us what it is 2 and why they need it and when. I mean, very simple 3 question. 4 COMMISSIONER BELEW: Is it capital 5 improvements? Is it replacement of equipment? You 6 know, that kind of stuff. Typically, we would get some 7 kind of an e-mail that would let us know that this was 8 coming up on the agenda, especially when it's a company 9 from out of town or a big company like this. Here's the 10 thing, here's the need, here's why. At least a courtesy 11 before somebody comes to the Court and asks for us to 12 vote on something that we are not just voting blind on 13 something, which is basically what is happening here. 14 We don't have a clue what this is about. Except that 15 it's about the landfill, a public service. 16 COMMISSIONER HARRIS: And I had just seen 17 that it was on the agenda and I said, man, I gotta hear 18 it. I don't know -- I didn't know anything. We gotta 19 figure out what it is before we can evaluate it. 20 JUDGE KELLY: And then my comment to take 21 back is don't come to us at the last minute in an 22 emergency situation and not educate us on what it is. 23 If this is time sensitive then we need to know that. 24 We've not been provided any information at this point 25 as to what you're asking us to do. 24 1 MS. GREATHOUSE: Right. And I -- 2 JUDGE KELLY: Not you. I know. I mean -- 3 MS. GREATHOUSE: No, it's fine. 4 JUDGE KELLY: -- you're representing 5 Mission, I got that. But -- 6 MS. GREATHOUSE: You're fine. 7 JUDGE KELLY: -- but their successor is 8 Republic. And Republic's the one that's sponsoring this 9 bond issue, right? 10 MS. GREATHOUSE: No. Republic is the -- 11 COMMISSIONER BELEW: Mission is. 12 MS. GREATHOUSE: -- beneficiary. Mission 13 Economic Development Corporation is the sponsor of the 14 bond. And that's from Mission, Texas. So it's -- 15 they're an economic development corporation that has the 16 authority to issue private activity bonds. 17 JUDGE KELLY: Right. Got it. 18 MS. GREATHOUSE: The beneficiary of those 19 bonds is Republic. 20 COMMISSIONER BELEW: What is this kind of 21 bond called again? I want to look this up in the Texas 22 legislature, and codes and so on. What is this thing 23 called? 24 MS. GREATHOUSE: Private activity bond. 25 COMMISSIONER BELEW: If I look up private 25 1 activity bond, I'll get a -- an explanation of what it 2 is according to the Texas legislature? 3 MS. GREATHOUSE: Yes. And so, and if you 4 want to look up the law under which you are -- what 5 we're asking, the approval of it we are asking, it is 6 Texas Local Government Code Section -- hold on, I will 7 find that for you. I don't want to misstate it. I know 8 it's 5 -- 501.159 of the Texas Local Government Code. 9 COMMISSIONER BELEW: Thank you. 10 MS. GREATHOUSE: And then the federal law 11 that we're required to do this under is Section 147(f) 12 of the Internal Revenue Code. 13 JUDGE KELLY: So just, if you can find that 14 information out and get back with us and our Court 15 Coordinator right here on the front row, we will get you 16 back on the agenda and try to do this as timely as we 17 can. 18 MS. GREATHOUSE: What's the timing for the 19 agenda that you would need in advance for us to go -- 20 JUDGE KELLY: We have to have it posted 72 21 hours before the meeting, and we have meetings every 22 Monday. 23 MS. GREATHOUSE: Okay. So if we were to get 24 you the information tomorrow or the next day, we could 25 have a meeting again next Monday? 26 1 JUDGE KELLY: Yeah. Sure. 2 MS. GREATHOUSE: Okay. Great. Thank you 3 very much. 4 JUDGE KELLY: Okay. Thank you. Sorry. 5 Item 1.2 on the agenda. Consider -- 6 MS. HALL: And may I get up and speak on 7 that? 8 JUDGE KELLY: Okay. Yes. 9 MS. HALL: Is that okay? 10 JUDGE KELLY: Yeah. 11 MS. HALL: Okay. So it helped to see the 12 e-mail communication from Republic that the County is 13 not on the hook for these bonds, but I'm quite familiar 14 with private activity bonds because they're evolved in 15 public-private partnerships where they try to privatize 16 and toll our public highways, which is one of the things 17 that a lot of Texans have rebelled against for a long 18 time now, and we have managed to stop this at the state 19 level and federal level when we spoke with Trump 20 Administration because we have a lot of issues with 21 this. While the County taxpayer is not on the hook, you 22 and I are all federal taxpayers. And the federal 23 taxpayer is on the hook for these bonds. I think 24 they're totally misnamed to call them a private activity 25 bond because you and I, the taxpayer, are most 27 1 definitely on the hook for these bonds. 2 And I agree that this is way, way, way too 3 vague, and why would we allow certain companies to have 4 access to private tax-exempt bonds, when other companies 5 don't. Simply doing business with the government 6 doesn't give you a right to get special freebies and 7 subsidies. 8 And, you know, I can -- we have a small 9 business, graphic design, web design development. We 10 have done business with the state and with local 11 governments before. We don't get tax subsidies. We 12 don't get economic development stuff. We don't, you 13 know, get special rates. And we don't ask for it. We 14 want to just do a good service. 15 And so I just think this is corporate 16 welfare by another name, and I think it's ghastly 17 expensive what they're asking for, and if they're just 18 trying to refi their debt and get a better interest 19 rate, why isn't that available to every company? I just 20 don't think it's right for the government to pick the 21 winners and the losers. 22 COMMISSIONER MOSER: Thank you. 23 MS. GREATHOUSE: May I please respond to 24 some of the comments that were made? 25 JUDGE KELLY: Sure. 28 1 MS. GREATHOUSE: With all due respect, 2 ma'am, and I'm sorry, I don't remember your name. You 3 are not on -- 4 JUDGE KELLY: This is Miss Hall. 5 MS. GREATHOUSE: Ms. Hall. With all due 6 respect, Ms. Hall, with private activity bonds the 7 taxpayers are not on the hook. So those are guaranteed 8 by the project. So I'm not -- I'm not working directly 9 with Mission on this project, I work with -- for the 10 housing developers all over San Antonio. And we also 11 issue tax-exempt private activity bonds with respect to 12 those. Those are guaranteed by each one of the 13 projects. The government is absolutely not on the hook. 14 If there is an issue, if there is a default 15 with respect to those, that goes to the project, not the 16 taxpayer. So I just want to make sure that that 17 information is 100 percent clear. It is not the 18 taxpayer. It is not the government entity that is on 19 the hook. It is the project that guarantees it. Thank 20 you. 21 COMMISSIONER BELEW: Well, you called it, 22 Judge. You said you never know. 23 JUDGE KELLY: We never know. But I think 24 we're going to learn things. And it's always good to 25 have these discussions and learn more. So look forward 29 1 to getting information. 2 Item 1.2 is consider, discuss and take 3 appropriate action regarding the recycling trailer for 4 Precinct 4. 5 COMMISSIONER HARRIS: Yes. So we discussed 6 this last Monday and Shane -- we gave him -- asked him 7 to look up some information. And him and I have been in 8 discussion on some of this all week. Go ahead, Shane, 9 tell us what you found and -- 10 MR. EVANS: Well, what I found was we -- you 11 had asked me about checking into getting some recycle 12 dumpsters. And the people I contacted, since they don't 13 have any routes that way, they're not going to go that 14 way at this point. Right now they won't. We -- there's 15 a possibility of we getting like the 20 yard roll-offs 16 for recycle. I haven't gotten any quotes on that but -- 17 at this point. My representative from Republic Services 18 is supposed to get with me here pretty soon and give me 19 some quotes for that. 20 But -- and I think y'all had also asked me 21 some figures about how much I spend like man hours, how 22 much that cost and also for the fuel. I did find those. 23 For the year -- and it's going to fluctuate 24 more or less and also with because the fuel prices. But 25 it was -- for the year it was $516.12 for fuel, roughly. 30 1 And also, for man hours, to pay you know those guys for 2 the whole County for the year, was $3,064.32 for -- you 3 know, for the year for man hours. 4 So I guess what we're going to do instead of 5 trying to move a trailer from one location or cut 6 somebody else short, what we're going to try to do is to 7 cut our -- our road time going to Hunt is instead of 8 going empty to Hunt, we'll take -- you know, we'll take 9 the trailer that's at the -- at the shop and make sure 10 it empty, take it to Hunt. Take the trailer that's in 11 Hunt and go to the -- take the recycle and put it back 12 at the shop. So that way we're not -- we're spending 13 less -- hopefully spending less time and make it a 14 little more cost efficient. So right now that's what I 15 have for the -- 16 COMMISSIONER MOSER: So that's half the 17 answer. Because the only way to make a decision is to 18 compare. So we need to know what the dumpsters are. 19 But you said people won't give you a quote because they 20 don't go that way with dumpsters. But you mentioned 21 roll-offs, but you don't have a cost for roll-offs. 22 Roll-offs are -- I mean, that's a phone call to get a 23 price for a roll-off. 24 MR. EVANS: Right. Well, I didn't pursue 25 that as an option. 31 1 COMMISSIONER MOSER: We need to look and 2 see -- Shane, we need to know what the options are, you 3 know? 4 MR. EVANS: Right. 5 COMMISSIONER HARRIS: Let me weigh in on 6 this. The roll-offs and stuff -- and Shane and I have 7 talked. And as most of y'all know, they attract people 8 throwing their trash in there. And not only recycling, 9 other stuff. And then they just end up taking 10 everything to the dump when that happens. 11 MR. EVANS: Yeah, and that's -- 12 COMMISSIONER HARRIS: One thing, and I went 13 back and I discussed this with Bob Reeves and -- 'cuz 14 he's been involved with this when he was sitting in this 15 seat, and he said we got away from it. He said, Don, 16 they used to do like he just said, take one out there, a 17 trailer out there to Hunt. When it's full, take an 18 empty one. Where they're not just going -- picking it 19 up, taking it to the dump, and then it's vacated for a 20 while. And that's the -- that's the -- that's what 21 drives people nuts, you know. They don't know when 22 they're going to pick it up and they come from, let's 23 say, out in Mo Ranch area to do it and there's nothing 24 there. So that way there will always be a trailer 25 there. And let's try that for a while and see how that 32 1 goes. They said it worked pretty good in the past and 2 we weren't getting as many complaints and it was worth 3 it. So if we can do that. So that would mean, you 4 know, a minimum amount of time. One would be missing 5 from the maintenance yard, but they wouldn't have as 6 many dry runs to Hunt. They wouldn't be driving out 7 there empty and taking one to the dump or recycling 8 station and going back out there. Don't you think that 9 would work, Shane? 10 MR. EVANS: Yeah, I do. 11 COMMISSIONER HARRIS: I think that's going 12 to be less man hours on them and everything else. 13 COMMISSIONER MOSER: Okay. I'm not against 14 this, so let me see if I can understand. So no new 15 trailers, okay? Correct? No new trailers? 16 MR. EVANS: Yes. 17 COMMISSIONER MOSER: All you're doing is 18 you're taking a trailer that's here in the City, okay, 19 when the one gets filled out there, empty the one in the 20 City, taking the empty one out there, taking the one 21 from Hunt that's full and emptying it and bringing it 22 back to -- I don't even know why a court action is 23 required on that. That ought to just be -- that's just 24 Shane's operation. 25 COMMISSIONER BELEW: Exactly. Well, it 33 1 doesn't change the budget but originally this was to see 2 if we needed to change the budget. 3 COMMISSIONER MOSER: Yeah. 4 COMMISSIONER HARRIS: Exactly. 5 COMMISSIONER MOSER: So I still -- so that's 6 up to Shane to do what he's -- 7 JUDGE KELLY: Well, but this is his report, 8 it's responsive to our questions on how to be more 9 efficient and provide better recycle service. 10 COMMISSIONER MOSER: And I think that's 11 good, but I'd still like to know what dumpsters -- 12 because I think, you know, people are using the recycle 13 a lot. Okay. And I think your data the last Court 14 session really indicated that. I think 81,000 pounds at 15 one place and 36,000 another as I recall. Something 16 like that. That's a lot. So if we could do more 17 recycling in -- all over the County. Which I think we 18 could. I think that's good. I think that trailer that 19 you have with the mail slots in it, okay, to put -- put 20 things in is just, you know, really bad. I know I've 21 tried to use it and -- 22 COMMISSIONER BELEW: It gauges your level of 23 commitment. 24 COMMISSIONER MOSER: Well, yeah, it does. 25 JUDGE KELLY: Well, let's talk about where 34 1 the trailer came from. 2 MR. GIVENS: If I could just throw my two 3 cents in on it. And the reason it has the slots in it 4 is to curb dumping. 5 COMMISSIONER MOSER: Yeah, I understand. 6 COMMISSIONER BELEW: Right. 7 MR. GIVENS: Because one of the things that 8 you're looking at when it -- with these trailers, we 9 haven't had a problem. If we think we have a problem 10 now out there, get a roll-off dumpster out there -- 11 COMMISSIONER BELEW: Yeah. 12 MR. GIVENS: You're going to have people 13 dumping -- 14 COMMISSIONER BELEW: Couches and carcasses 15 and other things. 16 MR. GIVENS: -- construction material, 17 everything. And it'll -- it would be a nightmare. 18 COMMISSIONER MOSER: Let's -- now, we're 19 talk -- awhile ago we were talking about Republic, okay. 20 Republic, you can take -- anybody in the County can take 21 their recycle to the Republic yard, which I do, okay, 22 it's convenient for me, and I don't have to separate, 23 okay, all the stuff. I can put it all in one big can 24 and dump it, you know. Paper, cans. Not glass. 25 Plastic and all that kind of stuff. Because the 35 1 dumpsters are there. And I just dump it. I cannot do 2 that at the one in the City. Can't do it. You can't 3 take a can and dump it. Period. You have to, you know, 4 take each can and -- or separate it yourself and put it 5 in the little slots. That's crazy. 6 COMMISSIONER BELEW: Yeah, but every 7 unlocked dumpster in Kerr County has somebody else's 8 trash in it. I guarantee you. 9 COMMISSIONER MOSER: Well, but there -- 10 there are six at Republic. There's six out there. 11 MR. EVANS: And it's monitored basically -- 12 I mean it's -- it's kind of harder to get away with that 13 one. You -- there -- they can see you doing it if 14 you're dumping your garbage in there. 15 COMMISSIONER MOSER: Well, if you ever go 16 out there and do that, I do it all the time and nobody's 17 watching. So -- so it's not true. 18 COMMISSIONER HARRIS: So let's just change 19 your procedures a little bit and I -- and let's see how 20 it goes. 21 MR. EVANS: All right. I had -- well some 22 -- I also had not gotten a response yet on the cost of 23 the roll-offs yet. They still hadn't e-mailed me that. 24 But the base price for a -- and it's more or less for 25 each dumpster -- well not -- yeah, the dumpster is going 36 1 to be a base price of $74. And there's also fair 2 charges, where we right now are paying around 83 to 84 3 dollars a month for one dumpster, recycle dumpster. 4 COMMISSIONER MOSER: $74 per month? Is that 5 what it is? 6 MR. EVANS: And that's -- that's the base 7 price. 8 COMMISSIONER MOSER: 74 per month? 9 JUDGE KELLY: $84, I believe. 10 MR. EVANS: With surcharges, I guess. 11 That's part of picking it up or whatever. 12 COMMISSIONER MOSER: So $84 per month. 13 Okay. Thank you. 14 JUDGE KELLY: Moving right along. 1.3 15 consider, discuss and take appropriate action regarding 16 the County's participation in the Alamo Area Council of 17 Government Comprehensive Economic Development Strategy 18 Committee. Commissioner Moser. 19 COMMISSIONER MOSER: Thank you, Judge. 20 I talked with KEDC about supporting CEDS, 21 the Comprehensive Economic Development Strategy 22 Committee, AACOG Committee. Recently, KEDC joined AACOG 23 and it seems to me that it would be beneficial to the 24 County, perhaps the City if they so choose, and KEDC to 25 have a representative from our community to participate 37 1 with CEDS. I don't see -- I didn't see why we needed to 2 have somebody from each entity do that. 3 So I contacted KEDC and asked if they would 4 commit -- is it feasible for them to commit to being our 5 representative and the answer was yes, they would do 6 that. They put it on their calendar to go to the CEDS 7 meetings in April, July, and September, and they plan on 8 being there. So instead of us having a representative, 9 my thought is to have KEDC, who we pay our dues to every 10 year, represent us at the AACOG meeting on economic 11 development, so -- 12 COMMISSIONER BELEW: Well, is there a 13 designated individual, or will it -- 14 COMMISSIONER MOSER: Yeah, yeah. There's -- 15 yeah, they have a designated individual and that will be 16 Theresa Metcalf. So I would make that motion that KEDC 17 represent Kerr County on the CEDS Committee, and then 18 have them report to us after each one of their meetings, 19 which is about each quarter or something like that. 20 JUDGE KELLY: Okay. Any other discussion? 21 Let's talk about it. I know you're out there, I'm just 22 waiting -- letting people have a chance to talk before 23 it gets -- 24 COMMISSIONER MOSER: So that was a motion. 25 COMMISSIONER BELEW: My question is, they've 38 1 agreed to all that already? 2 COMMISSIONER MOSER: Yes. Yes, in writing. 3 COMMISSIONER BELEW: And report back to the 4 court after -- 5 COMMISSIONER MOSER: Yes. They'll do that. 6 COMMISSIONER BELEW: Okay. So is that an 7 inter -- that's not an Interlocal Agreement kind of 8 thing. We already have an agreement with them. 9 COMMISSIONER MOSER: Right. 10 COMMISSIONER BELEW: Would it add to -- 11 COMMISSIONER MOSER: I don't think so if -- 12 if it's appropriate to add to our agreement, we can do 13 that, but I don't think so. 14 COMMISSIONER BELEW: They're representing 15 Kerr County in a little bit different way, I think. 16 COMMISSIONER MOSER: It's bringing us 17 information. They're not committing or anything. 18 JUDGE KELLY: Let me weigh in, because I am 19 on the AACOG Board. And that was something I inherited 20 from Judge Pollard and actually Commissioner Reeves. I 21 received an e-mail from Miguel Segura from AACOG 22 requesting that I -- we submit the -- the County submit 23 two nominations for -- to serve on two committees. 24 The first one we dealt with last time, and 25 that was the Resource Recycle Committee, and we put our 39 1 own Reagan Givens on that, and that was in large part 2 because of the involvement we had with the gravel pits 3 and TCEQ some six months ago or whenever, nine months 4 ago. 5 The other request is for CEDS, the C-E-D-S, 6 which is the economic development arm of AACOG. On 7 AACOG we have -- we're involved with a lot of 8 committees. This is just one among many. For example, 9 we have here with us today our own court coordinator, 10 Jody Grinstead, is an alternate member of the CJAC 11 Committee, which is Criminal Justice Committee. 12 We're going to hear a report later today 13 from Crime Victims Services and -- and who is very 14 dependent on CJAC Committee for their grant 15 applications. So we do a lot of things. 16 KEDC is a member of AACOG now, along with a 17 number of other economic development entities, whose 18 interest may or may not be exactly the same as the other 19 members of AACOG, which composes 13 counties. One of my 20 constituents asked me a little bit why we're involved 21 with it because that's the only way we can get the money 22 from the block grants that the Federal Government gives 23 to the Council of Governments, and I think we've got, 24 oh, a dozen and a half or so of those statewide, and 25 Alamo Area is just the one for these 13 counties 40 1 surrounding Bexar County. And as much as we don't want 2 to be attached to them, we are attached to them because 3 that's how the money gets disbursed out of those bond 4 grants. 5 So having said all of that the real question 6 is, do we want to have a voice on behalf of the County, 7 or do we want to have a voice on behalf of KEDC? KEDC 8 already has their own voice. Now, I have not -- I 9 didn't put it on the agenda to -- to nominate anybody 10 for that position, but you know it's something we 11 certainly can consider. And do -- is KEDC who we want 12 representing the County at those meetings? I don't 13 know. 14 COMMISSIONER MOSER: Well, I would -- at the 15 last meeting if there was a CEDS meeting to be held, I 16 was -- and he's absent today. I think we can give him 17 some assignments, too. But anyway, he suggest I do that 18 and I agreed to do it -- 19 JUDGE KELLY: It's an excused absence, by 20 the way. 21 COMMISSIONER MOSER: -- okay, and then I had 22 a conflict where I could not attend. Okay. And this 23 thought came to me about why don't we have our economic 24 development organization that represents us and brings 25 things to us, to just have them do that for us. Okay. 41 1 That was my -- that was the reason for the motion. 2 COMMISSIONER HARRIS: Information only. 3 COMMISSIONER MOSER: No, no, I made a motion 4 to have them -- 5 COMMISSIONER HARRIS: No, but I mean that's 6 what they'd be bringing. 7 COMMISSIONER MOSER: Yeah, well -- 8 JUDGE KELLY: No, I think -- I think if we 9 send them down there I think they're going to have a 10 vote. So I think that's different. 11 COMMISSIONER BELEW: It sounded like you 12 were suggesting there might be times when there's some 13 kind of a conflict. Did I hear you right? 14 JUDGE KELLY: Well, I'm suggesting that the 15 interest may not be the same. 16 COMMISSIONER BELEW: So there would be a 17 conflict of interest. So I'm trying to think of an 18 example -- 19 JUDGE KELLY: I mean, economic development 20 to me feels a little bit like a club. And they're very 21 secret, very private, they don't want anybody to know 22 what's going on because it'll -- it'll nix the deal. 23 And so if -- if all the economic development in AACOG, 24 in the 13 counties is going to be conducted by that 25 group, then I don't know what the rest of us are going 42 1 to find out about. We didn't know anything about 2 Vintage Heights. 3 COMMISSIONER HARRIS: Exactly. 4 JUDGE KELLY: Nothing. Zero. And get 5 called over for a two million dollar ask when nobody 6 even comes talk to us. KEDC didn't talk to us. Nobody 7 talked to us. 8 COMMISSIONER MOSER: Well, they -- Vintage 9 Heights -- in all defense, Vintage Heights did not go to 10 KEDC. They didn't -- they never addressed KEDC. 11 Vintage Heights went directly to the City. KEDC said it 12 doesn't have anything to do about jobs, it's not in our 13 purview. So they didn't -- that's the reason you didn't 14 hear from -- we didn't hear from KEDC on Vintage 15 Heights, so -- so that was not -- that's not anything 16 that KEDC really knew about. 17 JUDGE KELLY: But this is an opportunity, if 18 this Court is so inclined, to appoint someone to go down 19 and work with the AACOG folks on economic development 20 and report back to this Court if that's what we want. 21 If we want to delegate that to the economic development 22 folks that already exist, we can do that, too. It's 23 really whatever we want to do. But we got the e-mail 24 from Mr. Segura, who by the way is the External Affairs 25 Coordinator of AACOG. He's one of the upper management. 43 1 And he sent that back on February the 4th. We just need 2 to let him know what we want to do, because we do have 3 these upcoming meetings. And we know that KEDC is going 4 to be there, at those meetings. 5 So the question is, do you want -- do you 6 want to have somebody represent this Court that's there 7 and can come back and report to us and not just to KEDC? 8 That's your call. 9 COMMISSIONER MOSER: Well, that was my 10 motion, to have KEDC do it. I'm not -- you know, and in 11 all fairness, too, I don't know exactly what the 12 responsibility and authority of that committee is. 13 JUDGE KELLY: Me either. 14 COMMISSIONER MOSER: Yeah. That's the 15 thing. I thought -- 16 JUDGE KELLY: But I'd kind of like to have 17 somebody go find out and tell us. 18 COMMISSIONER MOSER: Right. 19 JUDGE KELLY: If we sent Jody down there to 20 find out what was going on at CJAC then we'd know what's 21 going on. 22 COMMISSIONER MOSER: Why don't we do that? 23 Why don't I withdraw the motion while we better 24 understand exactly what the committee's authority and 25 responsibility is and see if the -- what the best way to 44 1 support that committee is. Is that okay? 2 JUDGE KELLY: I think that's probably a 3 pretty good idea. 4 COMMISSIONER MOSER: Okay. 5 JUDGE KELLY: But by way of information 6 because, you know, people are asking and they don't 7 know. 8 COMMISSIONER MOSER: Sure. 9 JUDGE KELLY: Alamo Area is one of about a 10 dozen and a half COGs, Counsel Of Governments, that were 11 formed by the State of Texas to receive block grants for 12 the regions, the different regions that they represent. 13 And Kerr County is one of 13 counties. And, of course, 14 the elephant in the living room is obviously Bexar 15 County. We all know that. And if you go to one of the 16 AACOG meetings, and I invite you to come, we have one 17 this Wednesday. When you come in, they have the head 18 table just like this. And then there's -- it's like 19 a V. There's a long table that goes off this direction 20 and a long table that goes off that direction. And 21 everyone from Bexar County except for Commissioner 22 Wolff, but everyone else from Bexar County, all the 23 cities, sit at this table over here. And all the County 24 Judges, me included, and -- and Commissioner Harris when 25 he goes. And Commissioner Wolff, by the way, is the 45 1 only Republican in the Court in San Antonio, sits at the 2 table over here with us. And it's just -- it's night 3 and day just to watch it operating. 4 But the thing about it is, is we all have a 5 vote. And we alternate from year to year as to whether 6 or not the president of AACOG is from Bexar County or 7 from one of the other counties. And this year, it's 8 County Judge Hurley from Atascosa County who is the 9 chairman. 10 And so, there is a check and a balance, and 11 there is input, and it's not just some kind of voodoo in 12 San Antonio that we go down there. This is the process 13 whereby we actually vet the programs and projects that 14 are available for grant money. It's been a pretty 15 interesting experience. I've been there a little over a 16 year. That's what it is. We offer that as information. 17 COMMISSIONER HARRIS: I've yet to go to one. 18 Because I'm your backup and you always make them. 19 JUDGE KELLY: Well, actually, that's one of 20 the ones I like. I got some other ones they've got me 21 on that I'm -- I'll offer up for -- 22 Okay, the next item on the agenda then, 23 we'll pass that, will be -- 24 COMMISSIONER BELEW: Judge. 25 JUDGE KELLY: Oh, you want to speak, 46 1 Ms. Hall? 2 MS. HALL: I do. 3 JUDGE KELLY: Okay. 4 MS. HALL: I signed up for this one, too. 5 JUDGE KELLY: You did. 6 MS. HALL: Okay. Well, I realize that 7 there's a certain level of necessity of being part of 8 AACOG. I just want to, I guess, continue to caution you 9 about getting into partnerships or adopting plans 10 specifically that would put us in, or on a path of 11 regional government, so to speak. 12 My family in particular moved two counties 13 away from Bexar County for the sole purpose of getting 14 away from AACOG and Bexar County's hooks on our regional 15 government. They don't share our values. They're not 16 fiscally conservative. They're tone deaf to the public. 17 They're too big. They trample over smaller counties, 18 like they did Comal. They use threats and brute force 19 to get you to comply. 20 Kerr County should want nothing to do with 21 getting into any meaningful partnership, let's put it 22 that way, with AACOG, particularly when it comes to 23 determining things like future land use, economic 24 development decisions, and taking those decisions out of 25 the hands of our elected officials and, essentially, put 47 1 them in the hands of unelected bureaucrats because 2 that's who implement the plans that they adopt. And we 3 shouldn't want any part of that. 4 We're an independent economy from Bexar 5 County. And that's a good thing. And we want to 6 continue to keep that. We should celebrate our 7 independence and not give it away to the bigger fish 8 that we can hold less accountable. 9 So while we understand there has to be a 10 degree of cooperation for a mission, we want to get some 11 of those block grants back and actually I -- I do pray 12 that Trump gets re-elected so we can work with the 13 Federal Government on how this -- how these Federal 14 block grants are getting funneled through COG. Because 15 this is very problematic, it's not just Bexar County. 16 The folks we work with in Tarrant County and Dallas 17 County and the outlying counties like Collin and Denton 18 and some of these other counties, they have the same 19 problem. So we're going to try and work on that, if we 20 get another four years at that. So anyway, that would 21 just be my comment about AACOG. 22 COMMISSIONER MOSER: Thank you very much. 23 Thank you. 24 JUDGE KELLY: But they got the money. Just 25 saying. 48 1 MS. HALL: That's about right. 2 JUDGE KELLY: Okay, the next item on the 3 agenda is item 1.4 consider, discuss and take 4 appropriate action to accept the annual report on the 5 County Clerk's investments as it regards to the Registry 6 Accounts of the County Court to comply with the Texas 7 Estates Code. Miss Dowdy. 8 MS. DOWDY: Yes. Do you want to call 1.6, 9 which was a timed item? 10 JUDGE KELLY: Okay. We'll go ahead and call 11 item 1.6 then, which is a 9:30 item. Consider, discuss 12 and take appropriate action to approve the Proclamation 13 declaring March as American Red Cross Month. Ms. Morin 14 and Mr. McAlister. Anyone here? Okay. 15 MRS. GRINSTEAD: And there were some 16 volunteers that were supposed to be here. But we do 17 this every year, if you just want to -- 18 JUDGE KELLY: Let's pass it and if they show 19 up, we'll take it up. 20 Let's move down to 9:45, we've also got that 21 one. 1.9 consider, discuss and take appropriate action 22 to approve a Resolution in support of the Residence at 23 Ridgehill Development, a senior living development. Mr. 24 Gillam. 25 MR. GILLAM: Thank you for having me this 49 1 morning. 2 JUDGE KELLY: Matt Gillam? 3 MR. GILLAM: Yes, sir. Do we have a way to 4 put this on the screen? If not, it's no big deal. 5 That's all right, we'll do without the technology this 6 morning. It hasn't been working well for me this 7 morning anyway, especially with rental cars. I'll leave 8 you guys out of that story, but -- 9 So appreciate you having me here. I'm here 10 with an exciting opportunity that Kerrville has to be 11 able to bring an affordable housing senior living 12 community to the community. This particular development 13 will be in the County ETJ, so we're asking for 14 Resolutions to support from the City and the County 15 both. 16 It is a development -- actually let me start 17 off by giving you a quick info on us, because I think 18 that's really important. I'm one of the managing 19 partners of Overland Property Group. Myself and my 20 three other business partners have been doing this for 21 about 18 years. Never sold a single development that 22 we've done in those 18 years, which puts us in a little 23 bit different category from other people in our 24 business, especially in today's world. 25 We've developed everywhere from Colorado to 50 1 Texas and -- and as west as kind of the Lubbock area. 2 Around here, we've done two developments in Canyon Lake. 3 And when we came into Canyon Lake, it was -- you know, 4 they had never done one of these type of developments 5 before. It took them a little bit to get their hands 6 wrapped around it. But once they did, they've kind of 7 welcomed us with open arms. And those two communities 8 are senior as well. 9 One of the reasons senior is such an 10 important part of a community nowadays, is because you 11 want to provide somewhere safe, affordable for seniors 12 on fixed income to live. You don't want to push them 13 out of the community, they've been here for a long time. 14 They want to stay here. Or they may have kids in the 15 area that they want to move closer, they want to be 16 closer to the grandkids. So it's an important part as a 17 healthy community. 18 This particular development -- I've got a 19 lot of pretty pictures I would show you but -- of 20 communities we have done. This particular development 21 is roughly 60 units. These are one and two bedroom 22 units, full kitchens. Just, you know, like a normal 23 senior apartment. So built very quality wise. We built 24 Energy Star standards plus. We also do a full energy 25 testing. So when we're building things I want them to 51 1 be efficient. So LED lighting, etc. 2 We're building our communities with roughly 3 30 to 35 percent cultured stone, Hardie board siding, 4 lifetime shingles on the roofs that are architectural in 5 style. They're a very quality development, very 6 high-end in nature. And as I'm sure you folks know, 7 Canyon Lake would not let me build two of them, if I was 8 not doing high-end in nature. 9 So this particular community the rents 10 roughly range from $450 to $1,110 per month. The 11 building itself is a single building with on-staff 12 leasing, activities, food prep, movie theater, fitness 13 center, dining and great room for activities. 14 I can build the prettiest community that 15 you've seen; however, how you manage that particular 16 asset is all that really matters. You can have a dump, 17 and if it's managed really well and people love living 18 there, that's important. So I'm telling you this is 19 going to be a beautiful community, but what's more 20 important is how I operate it. 21 And the reason we don't sell our communities 22 is because I don't trust other people to operate them. 23 So 18 years, and roughly 3,000 plus units, never selling 24 a single one. That's the track record that I like to 25 stand behind because it's one that -- that doesn't exist 52 1 in the industry. 2 Happy to answer as many questions as you 3 have about this. Again, I -- I keep saying this, but 4 I've got some pretty pictures I'd love to show you but 5 it just doesn't look like it's in the cards this 6 morning. 7 COMMISSIONER HARRIS: Well, my only question 8 is why -- why you need a resolution. It sounds -- 9 MR. GILLAM: Sure. So with the affordable 10 program we use, which was enacted under the Reagan 11 Administration and administered by Texas Department of 12 Housing and Community Affairs, we are required to get a 13 Resolution in support for the particular -- if it's in 14 the County, we have to get one from the County. In this 15 case it's the County, we're also going to get one from 16 the City. So it's part of the program. I have to go to 17 the State and show them that I have a Resolution in 18 support from the County and the City. And it's -- it's 19 one of the qualifying factors for us to get the funding. 20 Without this Resolution of support, 21 Kerrville and Kerr County would not receive this -- this 22 particular development. 23 COMMISSIONER MOSER: So it's no commitment 24 by the County, other than sounds like a good idea. 25 MR. GILLAM: That's right. So I'm -- I'm 53 1 asking for a Resolution of support saying that you 2 support the idea of affordable senior housing in this 3 location. That's -- that's really all I'm asking. 4 COMMISSIONER BELEW: Well, I move for 5 approval. We need this. And the need is growing. 6 COMMISSIONER MOSER: Well, so it's an 7 apartment complex? 8 MR. GILLAM: For seniors. It's a senior 9 living community. So the age -- 10 COMMISSIONER MOSER: So what -- what are the 11 restrictions on -- 12 MR. GILLAM: -- is 62 and better. 13 COMMISSIONER MOSER: -- seniors being in 14 there? 15 MR. GILLAM: So there are income 16 restrictions. So they range from 30 percent of the area 17 median income to 80 percent of the area median income. 18 And so most seniors, as you know, are on fixed incomes. 19 So they typically all qualify. It's very rare that a 20 senior is not qualified to live in this. 21 COMMISSIONER MOSER: Is there an age? 22 MR. GILLAM: There is, 62 and better. 23 COMMISSIONER MOSER: 62 and over? 24 MR. GILLAM: Yes, sir. 25 COMMISSIONER MOSER: Okay. Period. You 54 1 can't live there -- 2 MR. GILLAM: Yes. 3 COMMISSIONER MOSER: -- if you're -- 4 MR. GILLAM: That is correct. 5 COMMISSIONER MOSER: Okay. Hum. 6 COMMISSIONER HARRIS: The top end you said 7 was what? 8 MR. GILLAM: Eleven hundred. 9 COMMISSIONER HARRIS: And what was the 10 range? 11 MR. GILLAM: 1100 to -- 12 COMMISSIONER HARRIS: I mean it was -- that 13 was the top end? 14 MR. GILLAM: Sure. 450 is the start. 15 COMMISSIONER HARRIS: Okay. 16 MR. GILLAM: And again, all of the utilities 17 are paid by the residents with the exception of water, 18 sewer, trash. 19 COMMISSIONER HARRIS: And do you have a 20 percentage of -- you know, are there going to be two 21 apartments at 450 and the rest at 1100 or -- 22 MR. GILLAM: No, they're -- they're spread 23 out. So without getting into the mechanics -- 24 COMMISSIONER HARRIS: Sure. 25 MR. GILLAM: -- it gets complicated, even 55 1 for me. But they range from 30 to 80. And actually, 2 your -- your gross has to be under -- I'm sorry, not 3 your gross. But your median income has to be average 4 under 60 percent. So we roughly have to be at, say, 5 55 percent. And so you can have the 80's and the 30's 6 and they kind of weigh out to -- to roughly average 55 7 percent of the area median income. 8 JUDGE KELLY: And to just kind of back it up 9 a little bit -- 10 MR. GILLAM: Sure. 11 JUDGE KELLY: -- in my mind. Tell us where 12 it is -- 13 MR. GILLAM: Yep. 14 JUDGE KELLY: -- and how many you're 15 building there. 16 MR. GILLAM: Sure. 17 JUDGE KELLY: Just kind of get in our mind's 18 eye. 19 MR. GILLAM: Absolutely. So -- 20 JUDGE KELLY: This is the one over off 21 Lehmann, isn't it? 22 MR. GILLAM: It is. So it's 160 Lehmann 23 Drive, which is -- I'd love to show you this map, if I 24 can turn it around here. Let's see. 25 JUDGE KELLY: Now, you're from Overland Park 56 1 so you don't know the area like we do. 2 MR. GILLAM: I -- I do know the area, but 3 not as well as you do. That's certainly for sure. If 4 you may let me approach on this -- 5 JUDGE KELLY: Sure. For those of you that 6 don't know, Overland Park is really the Kansas City 7 area. 8 MR. GILLAM: That's correct. 9 JUDGE KELLY: Home of the Chiefs. Super 10 Bowl champions. 11 MR. GILLAM: We borrowed a quarterback from 12 your state, though, to get it done. 13 JUDGE KELLY: Yes, you did. Well, I'm 14 bragging about it. 15 MR. GILLAM: And we needed it. 50 years in 16 the making. 17 JUDGE KELLY: Okay. Where is that in 18 relationship to the -- 19 COMMISSIONER HARRIS: Just up past UGRA, 20 isn't it? It looks like. 21 COMMISSIONER BELEW: Near the hospital. 22 MR. GILLAM: That's correct. 23 COMMISSIONER BELEW: That's important also. 24 COMMISSIONER MOSER: It's right here. It's 25 where the -- golly. So you -- 57 1 JUDGE KELLY: The uphill side of Lehmann 2 Drive, kind of on the hill. 3 MR. GILLAM: Yes. That's right. 4 COMMISSIONER MOSER: That's been cleared for 5 some time, so I was wondering what was going there. 6 MR. GILLAM: And -- and we just received an 7 option contract for this particular development about 8 two months ago. So we've only had the option contract 9 for about two months. 10 COMMISSIONER MOSER: So this is going to be 11 two-story or what? 12 MR. GILLAM: It is planned to be 13 three-story, 60 unit development. And again, I've got 14 some pictures. Similar building styles we're building 15 in Canyon Lake right now. 16 COMMISSIONER MOSER: Is that -- is that -- 17 that is in the City? 18 MR. GILLAM: It's in the County. 19 COMMISSIONER MOSER: It's not in the City? 20 MR. GILLAM: It's not in the City. It's in 21 the ETJ. 22 COMMISSIONER MOSER: So you have -- so you 23 have to get City Resolution also? 24 MR. GILLAM: Right. We are going to get a 25 City Resolution. I'm -- I'm seeing them tomorrow. 58 1 COMMISSIONER MOSER: You're going to request 2 one, yeah. 3 MR. GILLAM: That's right. Correct. 4 COMMISSIONER MOSER: Yeah. Okay. 5 JUDGE KELLY: Well, I'm going to second 6 Commissioner Belew's motion to approve Resolution in 7 support of the Residence at River Hill Development -- 8 Ridgehill Development. 9 MR. GILLAM: Right. Correct. 10 JUDGE KELLY: Anymore discussion? 11 COMMISSIONER MOSER: One -- one other 12 question. 13 MR. GILLAM: Sure. 14 COMMISSIONER MOSER: You said you -- you 15 were looking to make it more efficient for LED lighting 16 and that -- that's simple. 17 MR. GILLAM: Sure. 18 COMMISSIONER MOSER: And this is just an 19 aside, I know a little bit about this. But one of the 20 things in construction is something called structural 21 insulated panels, which is foam. 22 MR. GILLAM: Uh-huh. 23 COMMISSIONER MOSER: It's a sandwich foam. 24 MR. GILLAM: Sure. Okay. 25 COMMISSIONER MOSER: Which is probably about 59 1 a hundred percent more efficient than thermal -- 2 MR. GILLAM: Are you talking with concrete 3 in the middle? 4 COMMISSIONER MOSER: No. 5 MR. GILLAM: No? 6 COMMISSIONER MOSER: Just Styrofoam. 7 MR. GILLAM: Oh, okay. 8 COMMISSIONER MOSER: Styrofoam in the 9 middle, which is about a hundred percent more efficient 10 thermally -- 11 MR. GILLAM: Uh-huh. 12 COMMISSIONER MOSER: -- than stick 13 construction with insulation and -- do you guys use that 14 at all? 15 MR. GILLAM: We have not. I've actually 16 done ICF blocks before. 17 COMMISSIONER MOSER: Okay. 18 MR. GILLAM: And we -- we actually were a 19 case study for ICF blocks. We had apartment community 20 with a Phase 1 and a Phase 2. Phase 1 was built 21 conventionally stick, phase 2 was ICF. 22 COMMISSIONER MOSER: Okay. 23 MR. GILLAM: Did the blower door test. Did 24 all of those efficiency tests and then had the residents 25 provide bills to us so we could watch. 60 1 COMMISSIONER MOSER: Yeah. 2 MR. GILLAM: We were hoping to get a 25 3 percent increase in efficiency, and we were not able to. 4 COMMISSIONER MOSER: Is that right? Okay. 5 MR. GILLAM: It came in at about 14 percent, 6 which is still better. But the additional money to 7 build that -- 8 COMMISSIONER MOSER: Sure. 9 MR. GILLAM: What I feel like we've gotten 10 really good at making the dollar go as far as it will 11 go. 12 COMMISSIONER MOSER: Okay. Okay. 13 MR. GILLAM: So, you know, we do a lot of 14 stuff. We do blower door tests, all of those, you know, 15 making sure we put really efficient HVAC systems in 16 these. We're always exploring new mechanisms to build 17 things so it's something -- 18 COMMISSIONER MOSER: So you've looked at it? 19 MR. GILLAM: -- I -- I've not been exposed 20 to yet and we've not reviewed but -- but it's something 21 that I know is out there. 22 COMMISSIONER MOSER: Okay. Good enough. 23 Thank you. 24 MR. GILLAM: You're welcome. 25 COMMISSIONER MOSER: Appreciate that. 61 1 MR. GILLAM: Thank you. 2 JUDGE KELLY: Okay. Ms. Hall, you wanted to 3 address this? She signed up for all of them. 4 MS. HALL: I'm sorry. So our -- our issue 5 with this is if you take his own words where he says 6 it's a high-end community, but the reason why they need 7 a Resolution from y'all is because they're claiming it's 8 affordable housing. So how is it high-end if it's 9 affordable housing? Well, it's because they're seeking 10 a tax credit. And at the end of the day, that tax 11 credit is subsidized by the taxpayer. 12 And so, we feel like this is, again, where 13 there's the government picking the winners and losers of 14 who gets certain benefits over other companies that are 15 developing senior housing. And while we certainly have 16 a need for it in the community, and there's no question 17 about that, but our issue is, why are we giving these 18 guys an affordable housing tax credit in order to do 19 this. And as just an ordinary citizen that just is 20 offensive that we would constantly give handouts to 21 profitable development companies who are doing high-end 22 housing, and they're going to call it affordable housing 23 to get a tax credit. 24 JUDGE KELLY: Well, Ms. Hall, you 25 understand, we're not giving out anything. Now, you may 62 1 talk about the taxpayers out there at the federal tax 2 level or state tax level -- 3 MS. HALL: Right. 4 JUDGE KELLY: -- but the County is not doing 5 anything other than this happens to be one private 6 corporation who is in Kerr County that has bought land 7 and has got plans together to do this and they're here, 8 and their competitors are not here. But they're here. 9 And so all they're asking us to do is to support what 10 they're trying to do. Whether or not that tax credit is 11 appropriate or not, that's something we need to talk to 12 Representative -- 13 MS. HALL: Believe me, I do. 14 JUDGE KELLY: -- Roy about. And I -- I 15 agree with you. 16 MS. HALL: I do. But at the same time, 17 everyone at the -- at each level has to give their 18 go-ahead in order to really make it happen. So -- 19 JUDGE KELLY: So why would we shoot 20 ourselves in the foot and not take an outstanding 21 development like this for our senior citizens here and 22 let them do it and let the rest of this be debated out 23 in Congress. I mean, it's not anything we can do 24 anything about. So we just -- we just don't accept the 25 project, is that it? Is that what you want us to do? 63 1 MS. HALL: Well, they can do the project but 2 just -- they won't necessarily have an affordable 3 housing tax credit to do it. They have to do it like 4 every other developer does. 5 COMMISSIONER BELEW: $450.00 a month is 6 affordable housing. And what Commissioner Harris asked 7 about, percentages, is that one room, is it three rooms, 8 is it 30 percent, is it whatever. That's -- 9 MS. HALL: Well, how do they get down to 450 10 if -- 11 COMMISSIONER BELEW: -- the key and -- there 12 are rules that govern -- 13 THE REPORTER: Excuse me. One at a time, 14 please. 15 COMMISSIONER BELEW: So that you'll know, 16 when you start dealing with a retirement community, 17 there's a lot of restrictions and a lot of little boxes 18 you have to check. So it's way beyond what -- what we 19 can do here, as the Judge has said, but it is needed in 20 our community -- 21 MS. HALL: Sure. 22 COMMISSIONER BELEW: -- and I'm -- I approve 23 of it a hundred percent and the need is growing. Every 24 day. 25 JUDGE KELLY: And I'm -- I'm fine with 64 1 taking the national debate on whether or not we oughta 2 have those tax credits. But I don't want to shoot 3 ourselves in the foot on this and give it to San Antonio 4 or Austin so that they get it instead of us. It's time 5 for the Federal Government to revisit some of these 6 things. But that's outside the scope of what we can do 7 here today. I sympathize. I just -- I don't want to 8 offend you, but at the same time, if we don't take it 9 somebody else is going to take it. 10 MS. HALL: But that's the same argument that 11 you hear for economic development all day long. Well, 12 we're going to give this company a tax credit or a tax 13 abatement or, you know, you name every kind of corporate 14 welfare there is because some other county is going to 15 get that business if we don't. We hear that all the 16 time as the excuse for continuing to do it. 17 So I'm just -- I'm just saying in general -- 18 general terms that we've got to start getting ourselves 19 -- weaning ourselves off of this. Because at the end of 20 the day, the reason why it's affordable is because the 21 taxpayers -- everybody else is subsidizing that $450.00 22 a month. 23 JUDGE KELLY: But that's Washington; that's 24 not Kerrville. And I think -- 25 MS. HALL: But -- 65 1 JUDGE KELLY: -- I think -- 2 MS. HALL: -- this is -- by giving approval, 3 Kerrville's taking a part in that. That's all I'm 4 saying. 5 JUDGE KELLY: Well, I'm -- I'm 100 percent 6 in favor of doing it and I think -- 7 MS. HALL: Okay. 8 JUDGE KELLY: -- I have the reputation for 9 being pretty transparent about where I stand on things. 10 And also, my issues with economic development, many of 11 which your -- your positions, I share. But on something 12 like this, I think it would be foolish for us not to 13 accept this at this point. 14 I want to take the debate to Washington, 15 too, and I'm happy to help Representative Roy do that. 16 But in terms of this community, I think it would -- we 17 would be remiss if we did not approve this. I really 18 do. 19 COMMISSIONER BELEW: And I'm going to add 20 this to this conversation. If we're talking about tax 21 abatements for somebody that's going to sell 22 knick-knacks or a new hobby store or whatever, I'm 23 opposed to that. I am not opposed to paying more taxes 24 for the infirm, for the elderly, or anybody that has a 25 mental disability. Those kinds of things, I'm in on it. 66 1 If it's to help kids to develop, I'm in on it. And our 2 seniors, whether the -- whether we get this because 3 we've helped to have a tax break for the developer or 4 not, are the beneficiaries. And I am never opposed to a 5 higher tax rate to help people that need it. And that 6 is what our nation was founded on. The basics of -- 7 MS. HALL: I don't know that we're -- 8 COMMISSIONER BELEW: We're a Christian 9 nation -- 10 MS. HALL: I gotcha. 11 COMMISSIONER BELEW: -- and we should never 12 turn our backs on anybody. If they make a little money 13 off of it, that's also part of the American way. That's 14 free enterprise. 15 MS. HALL: I -- I absolutely agree with you. 16 But at some point, the tax burden gets so high on 17 everybody else that at what point can we no longer 18 afford that? That's all I'm asking you to ponder. 19 COMMISSIONER BELEW: But we haven't reached 20 that yet. 21 COMMISSIONER MOSER: We haven't. 22 COMMISSIONER BELEW: No. We haven't reached 23 the point where we can't help people. 24 MR. GILLAM: If I could just add a couple of 25 things clarity wise that I think might help. So -- 67 1 JUDGE KELLY: Let's get this crystal clear. 2 MR. GILLAM: So Region 9 will get one of 3 these tax credit awards. We are applying on basically 4 your behalf, same thing we did with Canyon Lake. So if 5 you don't get it, yes, a Canyon Lake or Fredericksburg 6 will get it. These are being allocated. They'll be 7 allocated this summer. It's happening for this Region. 8 So if we do not receive the Resolution to support it, it 9 will go to one of the other groups that -- that is. 10 It's a very competitive process with other developers. 11 One thing I'll also mention, it is very 12 bipartisan. And honestly, no matter where you fall in 13 it, it's the current speed limit right now. So until 14 the Federal Government changes the current speed limit, 15 you're right, this is an opportunity. We are not taking 16 and pocketing these tax credits. These tax credits are 17 used to offset additional permanent debt, which then 18 allows us to reduce the rents on these units. These 19 things don't crank out cash day-to-day. They don't make 20 a ton of money. We receive a developer fee for doing it 21 correctly, and then we own the property and have to 22 maintain it. If we step out of compliance at any time, 23 the government with their big hammer comes and hits me 24 up the side of the head as hard as it can and puts me 25 down for the count. 68 1 So I agree. If -- if -- you know, no matter 2 where you stand on the issue, it is -- you know, the way 3 it currently sits right now, I do believe Kerrville has 4 a very extreme need for senior housing. And if 5 Kerrville decides not to take advantage of it, you know, 6 it will go somewhere else. So I'm happy to answer any 7 of your questions but just want to provide that. 8 COMMISSIONER MOSER: Two questions. 9 MR. GILLAM: Yes, sir. 10 COMMISSIONER MOSER: You said you own and 11 operate and you never sell them. 12 MR. GILLAM: Yes, sir. 13 COMMISSIONER MOSER: How long -- what's the 14 oldest units that you have? 15 MR. GILLAM: The oldest units we have are 18 16 years old. 17 COMMISSIONER MOSER: 18? Okay. 18 MR. GILLAM: Uh-huh. 19 COMMISSIONER MOSER: Very good. 20 MR. GILLAM: In my -- in my hometown, if 21 that tells you anything. I did the first one there and 22 have been -- done four there since. So I was willing to 23 take care of my own hometown because I believe in it 24 that much. 25 COMMISSIONER MOSER: Okay. What is the 69 1 statistics on need for senior citizen housing? Because 2 we have a lot of senior citizens here and they move here 3 because it's -- not quote, it's a fact, the best place 4 in the world to live. 5 MR. GILLAM: Sure. 6 COMMISSIONER MOSER: Okay. So a lot of 7 people with money come here to retire. 8 MR. GILLAM: Right. 9 COMMISSIONER MOSER: So do you have any 10 statistics on -- on what the need is for senior 11 citizens? 12 MR. GILLAM: I do. We've commissioned a 13 market study, a third-party market study, to confirm the 14 demand and the need and we'll supply that to the State 15 and the Federal Government when we turn this in. The 16 demand came back extremely high and showing that it's 17 only growing. There's a term out there, it's called 18 silver tsunami. And it is the fact of how many people 19 are reaching the age of retirement on a daily basis. 20 COMMISSIONER MOSER: But I'm talking about 21 Kerr County now. 22 MR. GILLAM: Sure. Well, the reason I'm 23 telling you that is because nationally you're out pacing 24 national percentages on what you have here in demand 25 perspective. Canyon Lake, when I looked at doing a 70 1 development there, their demand for senior living was 2 the highest I'd ever seen in my time. Yours is the only 3 one that's exceeded it. 4 COMMISSIONER MOSER: That exceeds Canyon 5 Lake? 6 MR. GILLAM: Exceeds Canyon Lake in your 7 demand. 8 COMMISSIONER MOSER: Okay. If you could 9 provide some of that it would -- 10 MR. GILLAM: Absolutely. Happy to. 11 COMMISSIONER MOSER: -- be appreciated. 12 Okay. 13 MR. GILLAM: Happy to. 14 JUDGE KELLY: Okay. I'm going to call the 15 question. Motion's been made by Commissioner Belew, 16 which I seconded, to pass a Resolution in support of the 17 Residence at Ridgehill Development. Those in favor 18 raise your hand. Unanimous, four zero. 19 MR. GILLAM: Thank you. Appreciate the 20 time. 21 JUDGE KELLY: At this time, we're -- it 22 turned out to be one of those Mondays. We're running a 23 little bit longer than we anticipated. We have a lot of 24 people in the courtroom and we want to try to get 25 everybody an opportunity to participate. 71 1 Let me just point out that we're going to 2 take a five-minute break. Give everybody a chance to 3 relax a little bit and then we'll come back into 4 session. And we're going to have to take all -- there's 5 eight consecutive timed items starting at ten o'clock 6 through 10:30 and we'll take each of those in sequential 7 order. 8 I'm just letting everybody know where we are 9 on this. Because if -- we're probably going to go past 10 some of the times on these. So if anyone's here on the 11 earlier stuff, I'm just letting you know we have to take 12 the timed items first. So with that, we'll stand in 13 recess. 14 (Recess.) 15 JUDGE KELLY: Come back to order. Okay, 16 we're on our timed docket. If you'll go to the third 17 page, we're going to start with 1.11 and then we're 18 going to go straight through to 1.18, and then we'll go 19 back and pick up the ones that we've missed that were 20 not at set specific times. 21 So 1.11 is consider, discuss and take 22 appropriate action to approve a letter of credit as a 23 financial guarantee for the construction of road and 24 drainage improvements in the Hidden Springs Phase II 25 Subdivision, Precinct 3. Mr. Hastings. 72 1 MR. HASTINGS: Thank you. The Hidden 2 Springs Phase II final plat was approved on February 3 25th, 2019, along with letter of credit No. 111508, in 4 the amount of $2,400,907.00. It was issued by Security 5 State Bank & Trust of Comfort, Texas, as a financial 6 guarantee for the construction of roads and drainage 7 that are in that subdivision. This is a private 8 subdivision. 9 The roads and drainage have been partially 10 constructed but are not complete, and the letter of 11 credit expires on February 25th, 2020. The developer 12 has authorized a new letter of credit No. 122108, in the 13 amount of $929,878.15, issued by Security State Bank & 14 Trust of Comfort, Texas, as a financial guarantee to 15 complete the remaining construction. This is for phases 16 -- Phase II and III of the Hidden Springs Subdivision. 17 It's for the roads and the drainage. 18 The County Engineer requests that the Court 19 approve letter of credit No. 122108, in the amount of 20 $929,878.15 issued by Security State Bank & Trust of 21 Comfort, Texas, as a financial guarantee for the 22 construction of road and drainage improvements in the 23 Hidden Springs Phase I and II Subdivision, Precinct 3. 24 COMMISSIONER MOSER: Question. So why does 25 the County need to have this guarantee? 73 1 JUDGE KELLY: We're just approving what 2 Security -- what -- Crenwelge is putting it up, as I 3 understand it, is -- is doing it. The bank is 4 guaranteeing it. This is their letter behind it and all 5 we're doing is approving it, right? 6 MR. HASTINGS: The reason why is because we 7 have already filed their plat. So the plat's been filed 8 and the plat shows that there's supposed to be a road 9 there but the road isn't there yet. So the developer 10 has the option of having the plat filed so that he can 11 start selling lots. He has to put up a financial 12 guarantee that he will get that road built. 13 COMMISSIONER MOSER: So why -- 14 MR. HASTINGS: And that's what this is for. 15 It's allowed by State Law. 16 COMMISSIONER BELEW: The consent of all 17 parties, basically. It's informational. 18 JUDGE KELLY: It's our plat. 19 COMMISSIONER BELEW: Yeah, it's our plat. 20 COMMISSIONER MOSER: So it's just a plat. 21 So what -- what are we approving? 22 MR. HASTINGS: You're approving the 23 financial guarantee. You've already approved the plat. 24 And you need to -- 25 COMMISSIONER MOSER: I can understand 74 1 approving the plat. Why are we approving a financial 2 guarantee? 3 JUDGE KELLY: Let me try to explain. 4 COMMISSIONER MOSER: Please. 5 MR. HASTINGS: So that if he defaults and 6 doesn't -- like his contractor leaves town and the road 7 doesn't get built, we call this money and we go make 8 sure that the road gets built. 9 JUDGE KELLY: They give us the money to 10 finish it. 11 COMMISSIONER MOSER: Ah-ha. Okay. That 12 answers my question. Thanks. Sorry, Engineer, didn't 13 understand it. 14 COMMISSIONER HARRIS: I didn't either. 15 COMMISSIONER MOSER: Okay. 16 COMMISSIONER HARRIS: Thank you. 17 JUDGE KELLY: Well, it -- it's privately 18 insured. We're the beneficiaries. 19 COMMISSIONER MOSER: Okay. Got it. Okay. 20 So if he -- if he defaults, we can get the money from 21 the bank to do it, and then who pays the bank back? 22 JUDGE KELLY: I guess that's between 23 Crenwelge and them; not us. 24 MR. HASTINGS: Yes. 25 COMMISSIONER MOSER: Okay. All right. So 75 1 we're not in there at all. We just -- going to get a 2 road -- 3 COMMISSIONER BELEW: No, but this is 4 informational. 5 COMMISSIONER MOSER: Huh? 6 COMMISSIONER BELEW: This is so we'll -- 7 we'll know -- 8 COMMISSIONER MOSER: It's not informational. 9 It's approving. It's taking action. 10 COMMISSIONER BELEW: Well, I understand 11 that. But what we -- the reason is that we need to 12 learn how that works. And -- and you have to be 13 informed of it, other than just getting a thing in the 14 mail saying, hey, guess what happened. Guess what 15 you're in charge of now. 16 COMMISSIONER MOSER: No, it's -- 17 COMMISSIONER BELEW: It's informational. 18 COMMISSIONER MOSER: I think I understand 19 it. I don't understand that, but I understood -- okay. 20 JUDGE KELLY: Okay. In Commissioner Letz's 21 absence, I will move that we approve the letter of 22 credit -- 23 COMMISSIONER HARRIS: Second. 24 JUDGE KELLY: -- as presented. A motion -- 25 I made the motion, seconded by Commissioner Harris to 76 1 approve the letter of credit from Security State Bank, 2 as presented. Any further discussion? Those in favor 3 raise your hand. Unanimous, four zero. 4 1.12, a public hearing to adopt a new Kerr 5 County Flood Damage Prevention Order which revises the 6 previous Order No. 32024, to include changes made by the 7 Federal Emergency Management Agency to the Kerr County 8 Flood Insurance Study and Flood Insurance Rate Maps. 9 And this is in the South Kerr County Medina watershed. 10 Precincts 1, 2, 3, and 4. Mr. Hastings. This is a 11 public meeting? 12 MR. HASTINGS: Yes, sir. Public hearing. 13 JUDGE KELLY: So I've called the meeting to 14 order. Is there anyone who would like to speak on 15 behalf of this issue? Or for it or against it, I don't 16 care if it's on behalf or against. But anybody want to 17 talk about it? There being none, then the meeting will 18 be adjourned and we'll call the next item, which is the 19 meeting -- I mean the issue. 20 1.13 consider, discuss and take possible 21 action to adopt a new Kerr County Flood Damage 22 Prevention Order which revises the previous Order No. 23 32024 to include changes made by the Federal Emergency 24 Management Agency to the Kerr County Flood Insurance 25 Study and Flood Insurance Rate Maps. 77 1 MR. HASTINGS: Thank you. The Department of 2 Homeland Security Federal Emergency Management Agency 3 proposed changes to the Kerr County Flood Insurance 4 Study and Flood Insurance Rate Maps Nos. 0600G, 0625G, 5 0650G, 0750G, and 0775G, also known as the Medina 6 Watershed study has been completed and both the study 7 and maps will be effective May 15th, 2020. Prior to May 8 15th, 2020, Kerr County is required as a condition of 9 eligibility in the National Flood Insurance Program to 10 adopt these revisions into the Kerr County Flood Damage 11 Prevention Order. 12 The County engineer requests the Court to 13 adopt the attached Kerr County Flood Damage Prevention 14 Order, which revises the previous Order No. 32024 to 15 include changes made by the Federal Emergency Management 16 Agency to the Kerr County Flood Insurance Study and 17 Flood Insurance Rate Maps 0600G, 0625G, 0650G, 0750G, 18 and 0775G, dated May 15th, 2020. Again, this is the 19 South Kerr County Medina Watershed. It affects all 20 Precincts, 1, 2, 3, and 4. 21 And we did receive a letter from FEMA, most 22 recently it was addressed to the Judge, February 10th, 23 reminding us that we have to get this done before 24 May 15th, 2020. You have the new court order in front 25 of you attached. Everything's been advertised in the 78 1 newspaper, I have copies of the publisher's affidavit, 2 about the public hearing today, so everything is in 3 order, and it needs to be adopted. 4 COMMISSIONER MOSER: Charlie, I'm looking in 5 the backup for the revision to Court Order 32024. 6 MR. HASTINGS: Yes, sir. 7 COMMISSIONER MOSER: I don't see that. Am I 8 just missing it? 9 MR. HASTINGS: The Court order -- the new 10 court order, I haven't written in the -- 11 COMMISSIONER MOSER: Because this is -- what 12 this action is is to revise the previous court order. 13 So how are we revising it? 14 MR. HASTINGS: You're going to revise it by 15 adopting this new court order. And then once you adopt 16 it, Jackie will tell us what the new number is. 17 COMMISSIONER MOSER: So we're rescinding the 18 other, we're not revising it? 19 MR. HASTINGS: And maybe that would be 20 another way of doing it. 21 COMMISSIONER MOSER: Which is it that we're 22 doing? Are we rescinding the Court order? 23 JUDGE KELLY: I don't -- I don't know -- I 24 don't know if it's -- we're completely changing 25 everything -- 79 1 MRS. STEBBINS: If this replaces that one in 2 its entirety, then you can do it -- you could -- 3 COMMISSIONER MOSER: Is that what it does? 4 Because this -- 5 MRS. STEBBINS: -- you could do that. 6 Charlie said yes. 7 COMMISSIONER MOSER: The action says to 8 revise it. So we're not really revising it. We're 9 rescinding it and replacing it. Can we do that? 10 MRS. STEBBINS: Charlie says this replaces 11 it in its entirety. I don't know -- 12 COMMISSIONER MOSER: Can we do that if 13 the action -- 14 MRS. STEBBINS: I'd have to look at the 15 other ones. You could do that. 16 COMMISSIONER MOSER: -- if the agenda item 17 says revise -- 18 MRS. STEBBINS: You could do that. 19 COMMISSIONER MOSER: -- as opposed to -- 20 MRS. STEBBINS: I think it's given 21 appropriate notice to what the Court would be talking 22 about. It says you will be adopting this order. And 23 it's included in the backup, I believe. You can -- you 24 can do that if you want to rescind the other order. I 25 don't know that that's necessary, or that you just need 80 1 to adopt the new one. 2 COMMISSIONER MOSER: Just adopt it? 3 JUDGE KELLY: But the purposes of the motion 4 -- if we adopt the order and to the extent there's any 5 revision we're going to revoke and replace the order. 6 That's what we're doing. 7 COMMISSIONER MOSER: If that's okay with the 8 County Attorney, it's good with me. 9 COMMISSIONER HARRIS: I think that's a good 10 way of stating it. 11 COMMISSIONER MOSER: Yeah. Okay. 12 JUDGE KELLY: Then I'll so move. 13 COMMISSIONER HARRIS: Second. 14 JUDGE KELLY: I made the motion, seconded by 15 Commissioner Harris to approve the order requested by 16 County engineer with regard to the FEMA and Kerr County 17 Flood Insurance Study and Insurance Rate Maps as 18 presented. 19 COMMISSIONER MOSER: So just for 20 clarification, the only thing it changes, is it puts a 21 new map in? 22 MR. HASTINGS: It put those one, two, three, 23 four, five new maps in. 24 COMMISSIONER MOSER: Puts the new maps -- 25 MR. HASTINGS: Yes. 81 1 COMMISSIONER MOSER: Just incorporates those 2 in. Okay. 3 MR. HASTINGS: Incorporates the new ones. 4 COMMISSIONER MOSER: Yeah. Okay. Thank 5 you. 6 JUDGE KELLY: Okay. Those in favor raise 7 your hand. Unanimous, four zero. 8 Next item on the agenda is 1.14 consider, 9 discuss and take appropriate action for the Court to 10 approve the Meadowbrook Retirement Community 11 Manufactured Housing Rental Community Development Plan, 12 Phase 1, located on State Highway 27 and Hoot Owl Hollow 13 in Precinct 4. Mr. Hastings. 14 MR. HASTINGS: Thank you. 15 The proposed Meadowbrook Retirement 16 Community Manufactured Housing Rental Community 17 Development Plan, Phase 1, located at State Highway 27 18 and Hoot Owl Hollow in Precinct 4. It includes the 19 addition of 102 manufactured homesites on approximately 20 30 of the 88.13 total acres. 21 The proposed privately owned and maintained 22 roads serving these lots will have a two-inch hot mix 23 asphaltic concrete surface with a 36 feet at the 24 entrance off of State Highway 27, and the remaining road 25 widths will be 20 feet wide. The proposed roads are as 82 1 follows: Meadowbrook Trail, 0.31 miles. This serves as 2 the entrance off of State Highway 27. Brookside Drive, 3 0.62 miles. Starlight Lane, 0.15 miles. And Clover 4 Court, 0.13 miles. And Bluegrass Crossing, 0.02 miles. 5 That's a really short one. 6 Drainage will be handled through a series of 7 privately owned and maintained ditches and culverts. 8 According to the drainage calculations submitted by 9 Hewitt Engineering, the results of the hydrologic 10 analysis show that on-site detention is not required as 11 the increased runoff resulting from Phase 1 development 12 is minimal. It's less than 3.5 percent, compared to the 13 pre-development runoff. And the Kerr County subdivision 14 guidelines allow up to a five percent increase in 15 post-development peak flows for residential drainage 16 calculation, which were authorized to be used by the 17 court in September of 2019. 18 Phase 1 will be served public water by the 19 expansion of the existing Ingram Oaks Retirement 20 Community Public Water System, I.D. No. 1330142, by 21 drilling a new well on the site and constructing the 22 necessary water system. Phase 1 will also be served by 23 four separate on-site septic systems, each capable of 24 serving no more than 5000 gallons per day, OSSF No. 1, 25 that's on-site septic system. No. 1 will serve 26 lots. 83 1 OSSF No. 2, 27 lots. OSSF No. 3, 25 lots. And OSSF 2 No. 4, 24 lots. 3 In accordance with Section 1.03.C of the 4 Manufactured Home Rental Community Regulations, the 5 steps for approval, construction, and a certificate of 6 compliance are the following: Construction of a 7 proposed Manufactured Home Rental Community may not 8 begin before the date the County Engineer approves the 9 development plan. The County Engineer or Commissioners' 10 Court may require inspection of the infrastructure 11 during its construction, and shall require a final 12 inspection. 13 The final inspection must be completed not 14 later than the second business day after the date the 15 County Engineer receives an affidavit from the owner of 16 the Manufactured Home Rental Community that construction 17 of the infrastructure has been completed in accordance 18 with the approved development plan. 19 If the County Engineer determines that the 20 infrastructure complies with the development plan, the 21 Commissioners' Court shall issue a certificate of 22 compliance, not later than the 5th business day after 23 the date the final inspection is completed. 24 Because of this tight five-day certificate 25 of compliance requirement, the County Engineer will 84 1 likely place this item on a future court agenda that may 2 not be a regular meeting, depending on the date of the 3 final inspection, which at this time is completely 4 unknown. 5 County Engineer recommends that the Court 6 approve the 102 lot Meadowbrook Retirement Community 7 Manufactured Housing Rental Community Development Plan, 8 Phase 1, located on State Highway 27 at Hoot Owl Hollow. 9 This is Precinct 4. 10 COMMISSIONER MOSER: And what -- what is the 11 sewer system that's planned here? 12 MR. HASTINGS: There will be four separate 13 septic systems. Each one will serve a number of lots. 14 They divided it up. Pretty much evenly. 15 COMMISSIONER MOSER: How does -- and I'll 16 ask Tish or somebody, how does this compare to the 17 Castlecomb issue, problem, catastrophe that we have? 18 MRS. HULETT: These are going to be leased; 19 they're not going to be individually owned lots. The 20 property owner owns the entire property. 21 COMMISSIONER MOSER: Are these -- are these 22 drain field systems? 23 MRS. HULETT: Pardon me? 24 COMMISSIONER MOSER: Are they drain field 25 septic systems? 85 1 MRS. HULETT: Yeah, they will be, uh-huh. 2 COMMISSIONER MOSER: So my question again 3 is, what's the difference in this -- in the catastrophe 4 we have at Castlecomb? I thought that we -- I thought 5 the County -- I thought -- 6 MRS. HULETT: Honestly -- 7 COMMISSIONER MOSER: Hold on just a second. 8 Wait. I thought the County didn't approve -- we're not 9 in the business of approving those type of systems 10 anymore. We let -- we turned that over to TCEQ. 11 MRS. HULETT: These are not considered 12 cluster systems because the ownership of the property, 13 the entire property, remains the same owner. These 14 tracts are being leased. 15 In Castlecomb, the lots themselves are owned 16 by individual owners that all dispose into a central 17 sewer system. 18 COMMISSIONER MOSER: But the central sewer 19 system in Castlecomb is owned by an entity. 20 MRS. HULETT: That is true. That is true. 21 But this is not defined as a cluster system. So 22 therefore, as long as their systems remain under the 23 5000 gallons per day, they can go through our 24 jurisdiction in order to obtain a permit. 25 MRS. STEBBINS: That's the key. 86 1 COMMISSIONER MOSER: What's that? 2 MRS. STEBBINS: That's the key. It's a 3 different type of system. And it -- it has less -- 4 under 5000 gallons a day, right? 5 MRS. HULETT: Right. Yeah. 6 COMMISSIONER MOSER: The one at Castlecomb 7 is 5000 gallons? 8 MRS. STEBBINS: No. Well over 9000. 9 COMMISSIONER MOSER: The Castlecomb is 9000? 10 MRS. STEBBINS: Uh-huh. 11 COMMISSIONER MOSER: Okay. 12 MRS. STEBBINS: And it's a cluster system. 13 MRS. HULETT: It's a cluster system. 14 COMMISSIONER MOSER: So what -- so I'm sorry 15 I'm belaboring this but -- so how is this -- why is this 16 not a cluster system? 17 MRS. HULETT: It's all about ownership. 18 It's -- the tracts of land on where these homes are 19 sitting, people do not own the land. They are going to 20 be leasing lots from the owner. 21 COMMISSIONER MOSER: Okay. 22 MRS. HULETT: So that's what determines 23 whether it's a cluster system or not. 24 COMMISSIONER MOSER: Okay. All right. I 25 don't fully understand, but I don't need to. If you 87 1 guys, if you and Reagan say yea verily, this is 2 consistent with all TCEQ stuff and the County's 3 policies, okay? 4 COMMISSIONER HARRIS: I've gotten a lot of 5 feedback from concerned neighbors and stuff in that 6 area, but it looks like they're jumping through all the 7 hoops and passed all the tests. I know a lot of us 8 don't like to see big communities put right next to 9 Johnson Creek or one of our other deals but they've been 10 compliant with everything, haven't they, Charlie? 11 MR. HASTINGS: Yes, sir. 12 COMMISSIONER BELEW: What about water 13 availability and the amount of water that -- there's 14 going to be a community well? 15 MR. HASTINGS: Yeah. We've got Headwaters 16 here if they'd -- 17 COMMISSIONER BELEW: I'd like to hear from 18 Headwaters about the water usage and if that -- what -- 19 what concerns, if any, there might be. 20 MR. WILLIAMS: I didn't have -- 21 JUDGE KELLY: Excuse me, sir. If you would, 22 please identify yourself. Your name? 23 MR. WILLIAMS: Gene Williams. 24 JUDGE KELLY: Okay. 25 MR. WILLIAMS: Headwaters Groundwater 88 1 District. They will have a public supply well that will 2 be permitted through Headwaters. They'll have 83.13 3 acres at 80,000 gallons. I think that's about -- over 4 six million gallons annual allowed. It comes out to 5 about I think we -- about 179 gallons per day per 6 connection. 7 COMMISSIONER BELEW: Per connection? 8 MR. WILLIAMS: Yeah. 9 COMMISSIONER BELEW: Okay. 10 MR. WILLIAMS: So that pretty well maxes out 11 the available -- water availability for that 83.13 12 acres. 13 COMMISSIONER BELEW: So it won't go up? 14 MR. WILLIAMS: No. Well -- 15 COMMISSIONER BELEW: And that's figured on a 16 couple of people per -- 17 MR. WILLIAMS: Yes. 18 COMMISSIONER BELEW: And we're averaging, 19 what, about 80 gallons a day for the average usage? Am 20 I right on that? Am I remembering that right? 21 MR. WILLIAMS: Well, it depends on -- 22 COMMISSIONER BELEW: Typically, across the 23 County. 24 MR. WILLIAMS: Yeah. If it's an RV park or 25 mobile home park or if it's a residence where you have 89 1 landscaping, it goes up to probably around 130 gallons a 2 day per person. 3 COMMISSIONER BELEW: Okay. Almost double 4 then? 5 MR. WILLIAMS: Yeah. 6 COMMISSIONER BELEW: 130 per day. 7 MR. WILLIAMS: That's right. 8 COMMISSIONER BELEW: But this is 179 per lot 9 per day? 10 MR. WILLIAMS: Right. 11 COMMISSIONER BELEW: Are there any concerns 12 that that's a good well and -- 13 MR. WILLIAMS: No. Huh-uh. 14 COMMISSIONER MOSER: It's in the metal -- 15 metal tranny(phonetic) or -- 16 MR. WILLIAMS: I think it will be metal 17 tranny(phonetic) well, yes, sir. 18 COMMISSIONER MOSER: Okay. 19 COMMISSIONER BELEW: That's all I was 20 concerned about. Thank you, Gene. 21 MR. WILLIAMS: Uh-huh. 22 COMMISSIONER HARRIS: I move for approval. 23 COMMISSIONER MOSER: Second. 24 JUDGE KELLY: Motion's been made by 25 Commissioner Harris, seconded by Commissioner Moser to 90 1 approve the Meadowbrook Retirement Community 2 Manufactured Housing Rental Community Development Plan, 3 Phase 1. Any other discussion? Those in favor, raise 4 your hand. Four zero. 5 COMMISSIONER MOSER: How many -- how many 6 units is this going to be, or how many -- 7 MR. HASTINGS: 102. 8 COMMISSIONER MOSER: 102. So that would be 9 a couple hundred people if you said two people per? 10 MR. HASTINGS: Yes, sir. 11 COMMISSIONER MOSER: And so we just did it 12 on an apartment thing for 60 so -- okay. A lot of -- a 13 lot of low income retirees. 14 JUDGE KELLY: Thank you, Mr. Hastings. 15 MR. HASTINGS: Thank you. 16 JUDGE KELLY: Item 1.15 consider, discuss 17 and take appropriate action for the Commissioners' Court 18 to set a public hearing regarding the installation of 19 two stop signs at the intersection of Red Oak Lane West 20 and Sherwood Lane West, in the Greenwood Forrest 21 Subdivision. Miss Hoffer. 22 MS. HOFFER: Paula Risley made a request to 23 the Road & Bridge office on February 12th, 2020 for the 24 installation of two stop signs at the intersection of 25 Red Oak Lane West and Sherwood Lane West. The County 91 1 Engineer looked at this location and recommends the 2 installation of two stop signs at this location. We 3 have enclosed in the backup to see where this is at. 4 At this time, I asked the Commissioners' 5 Court to set a public hearing for Monday, April 13th, 6 2020, at 10:00 a.m., regarding the installation of two 7 stop signs at the intersection of Red Oak Lane West and 8 Sherwood Lane West. This is in the Greenwood Forrest, 9 Section 7 Subdivision, and this is in Precinct 4. 10 COMMISSIONER HARRIS: I move for approval. 11 JUDGE KELLY: Second. 12 COMMISSIONER MOSER: Second. Go ahead. 13 JUDGE KELLY: Motion's been made by 14 Commissioner Harris, which I seconded, to set a public 15 meeting for April the 13th, 2020, to consider the stop 16 signs as presented. Any further discussion? Those in 17 favor raise your hand. Four zero. 18 Next item on the agenda is 1.16 consider, 19 discuss and take appropriate action for the 20 Commissioners' Court approval to purchase the Stalker 21 MC360 Message Trailer Sign. Miss Hoffer. 22 MS. HOFFER: We've been working on this 23 purchasing a speed radar/message board sign for quite a 24 while. The CAG Group, it's the Community Action Group, 25 had inquired about options that the County might try in 92 1 order to help with speed issues in their area. This is 2 mainly on Rim Rock Road. 3 The County Engineer was involved in these 4 meetings and said that these signs can be effective but 5 usually only for about 60 to 90 days and then you remove 6 them. Not to say that over time you might not bring 7 them back, but it's not a permanent solution. 8 If they are left up longer than that, people 9 usually have the tendency to disregard the sign and 10 just, you know, fly on by the sign no matter what it 11 says. The CAG Group, through the Commissioners' Court 12 approval, made an $8,000 donation that was deposited in 13 line item 15-370-325 towards one of these speed message 14 board sign trailers. 15 We have the sign trailer over at the Road & 16 Bridge yard. We did a demo. It's on loan for 30 days 17 unless we purchase it. But we would like to purchase 18 it, and we have the trailer at our yard until Tuesday, 19 February -- or no, we got it on February 11th from the 20 demo that Commissioner Belew was at that demo. I was 21 unable to make it. I was at some training. 22 We did remind the CAG Group that if the 23 Court went this route that the trailer would be used in 24 their area, but it also would be used throughout the 25 County, too. This sign has the capability of the radar 93 1 for the speed, but you also can do messages, so we can 2 use it if we're getting ready to sealcoat a road and we 3 want to let the people know ahead that on these days 4 there might be some delays. 5 I briefly spoke to the Sheriff. The 6 constables or the Sheriff may, you know, have some -- 7 some uses, too. I've wanted to get a sign like this for 8 a while. The CAG organization, I think, has helped by 9 their donation. I think it will be a good thing. I 10 think that we can find many uses for this sign. 11 We have left from our capital outlay 12 purchases, we had some savings on a backhoe, a Cat 420 13 Backhoe that we purchased. And we have $7,665 left over 14 from the capital outlay for fiscal year 1920(sic). And 15 that's in line item 15-612-570, that we would like to 16 use $7,115.50 towards the purchase of this unit, along 17 with the CAG donation of $8,000. The total cost for 18 this unit, along with the HTAC buy discount for 19 government, which is a ten percent discount, the total 20 comes to $15,115.50. 21 COMMISSIONER BELEW: I think you said 1920. 22 You meant 2020 earlier on the date? 23 MS. HOFFER: Yes. I'm sorry. 24 COMMISSIONER BELEW: Okay. I've looked at 25 this thing and went to the demo and listened to the guy 94 1 that shows you how it works. It will also take a 2 traffic count. In addition to gauging your speed and 3 telling you how fast you're going, telling you, you 4 know, we could use it at the stock show and all kinds of 5 other places. And you retain the information on a 6 little thumb drive. So you can keep track of all of it 7 and keep records over a period of time. 8 What we're going to find out, I anticipate, 9 is that we want to buy more of these. Because once 10 we -- once you see how well this thing works, I think 11 we're going to find that we could use it in a lot of 12 different areas, especially when we have festivals and 13 things going on. 14 COMMISSIONER HARRIS: I remember when we 15 first initially discussed this thing. Has it -- is this 16 still in line with the same price that we were talking 17 about? 18 MS. HOFFER: Yes. 19 COMMISSIONER BELEW: Yeah, but this has I 20 think a little -- the unit that we looked at originally 21 I don't think had quite as many features. 22 COMMISSIONER HARRIS: Okay. Bells and 23 whistles. 24 MS. HOFFER: I had brought some options, and 25 so the option that I chose with the message option, 95 1 along with the speed radar was this price is in line. 2 It actually, I think, is a little bit cheaper and then 3 we have the ten percent government purchasing so we 4 don't have to get into any kind of bid process and 5 things like that. 6 COMMISSIONER MOSER: Kelly, let me ask you a 7 question. 8 MS. HOFFER: Uh-huh? 9 COMMISSIONER MOSER: So this came about when 10 CAG came, okay, because they said they thought they 11 needed it and they had $8,000 they would contribute. 12 From a County perspective and from Road & Bridge, has 13 the need for this ever shown up in the budget? I mean, 14 has there really been a need until CAG came along? 15 MS. HOFFER: We get a lot of phone calls 16 about speeding issues. 17 COMMISSIONER MOSER: No, but has Road & 18 Bridge ever said that we need something like this? 19 MS. HOFFER: I really don't recall. I know 20 it's been on one of my wish lists every year but it 21 always seems like dump trucks usually are the ones that 22 take the place of doing one of these signs. 23 COMMISSIONER MOSER: So you take it off this 24 list? 25 MS. HOFFER: Uh-huh. 96 1 COMMISSIONER MOSER: Okay. That answers it. 2 The Sheriff's going to ask. 3 SHERIFF HIERHOLZER: Just that, yeah, we've 4 had that same need, especially when it comes to speed. 5 I borrowed one from the City before in the past. 6 COMMISSIONER MOSER: Okay. I was just 7 curious about the real need, you know. It wasn't 8 generated by -- even though that was a catalyst, the CAG 9 thing was a catalyst that prompted need, and the Sheriff 10 and you said it's been a desirable thing in the past, 11 just hasn't made the list. Okay. You answered my 12 question. Thank you. 13 COMMISSIONER HARRIS: It'll get used. 14 COMMISSIONER MOSER: Yeah. Thank you. 15 COMMISSIONER HARRIS: And originally they -- 16 what the CAG folks requested was some kind of a flashing 17 sign. 18 COMMISSIONER MOSER: Yeah. 19 COMMISSIONER HARRIS: And as we did more 20 research on it, we found out that they're not effective 21 over a period of time. There's a lot of extra rules to 22 just attaching a flashing sign to a speed limit sign or 23 whatever. 24 COMMISSIONER MOSER: Okay. 25 COMMISSIONER HARRIS: So that kind of became 97 1 a -- not a good option. So -- 2 JUDGE KELLY: So this is the best of both 3 worlds. 4 COMMISSIONER BELEW: Yes. And there's uses 5 for it all over the County. 6 COMMISSIONER MOSER: Yeah. 7 MS. HOFFER: At this time, I ask the 8 Commissioners' Court for their approval to purchase the 9 Stalker MC360 Message Trailer Sign from Stalker Radar 10 Applied Concepts, Incorporated, with the $8,000 11 donation, line item 15-370-325, from the CAG 12 organization, and the County's portion of $7,155.50 from 13 line item 15-612570. And this is for Precinct 1, 2, 3, 14 and 4. And I also had gotten with the Auditor's Office 15 on this as far as where that money was located, and the 16 confirmation as far as the savings from our capital 17 purchases that we've already purchased and have those 18 items in our possession. 19 COMMISSIONER BELEW: Well, that's great. I 20 move for approval. 21 COMMISSIONER HARRIS: Second. 22 JUDGE KELLY: Motion's been made by 23 Commissioner Belew, seconded by Commissioner Harris to 24 approve the purchase of the Stalker MC360 Message 25 Trailer Sign. Any further discussion? 98 1 COMMISSIONER MOSER: One other question. Is 2 that a firm, fixed price quote that you have there so we 3 don't need to say 16,000, not to exceed? 4 MS. HOFFER: No. It's -- it is firm. 5 COMMISSIONER MOSER: Okay. All right. 6 Thanks. 7 JUDGE KELLY: Okay. Those in favor raise 8 your hand. Unanimous, four zero. 9 Okay. The next item on the agenda, I think 10 we've got a crowd here for this one, is item 1.17. 11 Consider, discuss and take appropriate action to approve 12 the Victims of Crimes Act (VOCA) Grant Application for 13 the Crime Victims' Services Department. Ms. Peter. 14 I've got you up there. We've got our 15 prosecutors in the back, along with the County Attorney. 16 So we have various people to discuss this. Just to give 17 the Court a little background and set the stage for what 18 you're about to hear, there is an unfunded mandate that 19 we provide victim services, crime victim services. And 20 it's an important part of what we do. We've been doing 21 it since 2005, didn't realize that, but we have been. 22 This is the latest iteration of the unfunded 23 mandate. All 63 pages. And there's a new one coming 24 out, which the Sheriff will share with you. He pulled 25 it up on his phone in my office this -- earlier this 99 1 week, last week, and it's even worse than what this is. 2 But all of this has to be done. It's been done by 3 grants. We've got grants through the years. The only 4 year we did not have a grant, I believe, was 2013, if my 5 information is correct. 6 You'll recall that we went in -- we had a 7 new director for crime victim services back in 2016, and 8 they were with us until May of 2018. And from May of 9 2018 to January 1 of this year, we were kind of in 10 never-never land. We did not have a coordinator, and we 11 had to revert to each one of our District Attorney's 12 Offices, and the County Attorney's office, and the 13 Sheriff's Department, to help provide those services. 14 To our surprise and pleasure, we did receive the grant 15 in September of 2018. 16 MS. PETER: '18 17 JUDGE KELLY: Yeah, '18. And with that 18 grant we had Ms. Peter and we had Ms. Carole Machetta. 19 We had the coordinator and the assistant coordinator. 20 And just for information purposes, last Friday was 21 Ms. Machetta's last day. She's gone back to CPS, Child 22 Protective Services. 23 And so, what we have here today is the grant 24 application. And it requires court approval before it 25 can be submitted so that's why she's here. But she has 100 1 brought the various stakeholders in this together. All 2 the stakeholders have been very involved in this grant 3 application, and it's important for us to -- I think 4 it's important for the Court to know what they do and 5 why they -- and why they do it that way. So with that, 6 I'm going to turn the podium over to Ms. Peter. 7 MS. PETER: I do have the grant. And on, I 8 believe it was the 13th, we have -- you approved a court 9 order Resolution allowing us to move forward with the 10 grant application and preparing it. 11 What I'm coming to you today to do is ask 12 you to approve -- you had a draft version. I will turn 13 in the final after talking to the County Attorney. She 14 will put her checkmark on the very final preparation of 15 this grant, and it will be turned in, hopefully, before 16 the 27th. The 27th is the deadline. 17 With that, though, I would like to give you 18 some background information and have our prosecutors 19 give you some information so that you make an educated 20 decision and you understand what it is our office does. 21 And I think that's important, like the Judge said. 22 Okay. It's all you. 23 MR. MONROE: Tom, we're not talking about a 24 budget today. 25 COMMISSIONER MOSER: Okay. Not yet. 101 1 MR. MONROE: That's right. Anyway. As Rob 2 said, this is an unfunded mandate that we require the 3 prosecutors and the sheriff's department, the law 4 enforcement agencies around here to do this. And -- and 5 basically, my understanding -- again, I'm not physically 6 present when this starts off -- is that people who are 7 victims of certain types of crimes have some resources 8 out there that they can tap into, depending on how 9 they've been harmed, how they've been damaged. And what 10 the Crime Victims' Coordinator does, is serve as a 11 liaison, basically to get those people connected to the 12 resources that are available to them. And that comes in 13 a lot of different shapes and sizes and looks a lot 14 differently from case to case, depending on what's 15 involved. 16 But the first thing they basically do, and 17 if you look at the statute, and boy, I don't wish that 18 on you reading that thing. When you see the -- just the 19 laundry list of things that we're required by law to 20 notify these victims of, it's enormous. And so they 21 have a brochure that they send out to each victim. They 22 get a readout printout of the crimes over the weekend. 23 And there you go, you got one right there. 24 And it notifies these people of the 25 resources available to them, the things they might be 102 1 entitled to tap into. When we had to do this in our 2 offices that period of time that we -- we didn't have 3 anybody serving in these purposes, really the only thing 4 we were equipped to do with the personnel we had was 5 mail that notice. Which, by the way, satisfies the 6 statute. You mail the notice out and you say, please 7 call me back and you keep your fingers crossed and hope 8 that they do. Most, however, do not. 9 So -- and Pam, I know we've talked about 10 this, but what percentage of the people that you 11 actually provided services to were people that either 12 responded initially to the mail-out, or that you had to 13 follow up on? 14 MS. PETER: My -- my guess is about 75 15 percent of them just ignore what we send them. It could 16 be a little bit more than that. I was conservative. 17 And then the other 25, you know, they may call us one 18 time. But it requires us going back -- you have to 19 remember these people are functioning in trauma most of 20 the time. So they've had a horrible thing happen to 21 them. They're not going to make those phone calls. So 22 I think that's where we've been able to make a little 23 bit of a difference. 24 MR. MONROE: And that's the thing I really 25 wanted to point out. Because here we are, we're looking 103 1 at a package to provide victim services. And -- and to 2 have a tendency to think about, okay, well, what purpose 3 does this serve? And I want to tell you that there are 4 purposes it serves beyond the reimbursement purpose. 5 The "make you whole again" purpose. There are benefits 6 that it provides beyond that. 7 The first benefit that these two women, and 8 now Pam, but I think the grant is for a position -- a 9 permanent -- a full-time position and basically a 10 part-time position. The first intangible one is that -- 11 is what they do for our offices. Is that you understand 12 that, Steven, how many -- what percentage do you think 13 we have of our cases each month are domestic violence, 14 family violence, assaultive type occasions? You got any 15 thoughts on that? 16 MR. HARPOLD: I would say 40 percent at a 17 minimum. 18 MR. MONROE: There you go. 30 to 50 cases a 19 month times 12. You can see the numbers. And it's 20 huge. It's huge. 21 JUDGE KELLY: And that's just one 22 prosecutor's office. 23 MR. MONROE: That's one -- that's just me. 24 Lucy is going to have the same thing. Heather is going 25 to have the same thing. And, of course, all of these 104 1 originated at a law enforcement agency somewhere before 2 they ever got to us. So the ability of having someone 3 there that -- and I don't want to call it running 4 interference, but that really is a lot of what they do. 5 They are there to help guide these people through a 6 system that is not only complicated, it's frustrating 7 for them. 8 Because once a case reaches me, our 9 situation is centered around the rights of the 10 Defendant. And appropriately so, I get that. And who 11 gets lost in that? The victim. They don't understand. 12 They have a tendency to think we represent them, which 13 we do not. It's very frustrating. It's very difficult 14 for them. They feel abandoned. They feel lost. And 15 the crime victim services people can provide that stable 16 person in their life that probably they've never had 17 before ever, which means we don't have to do that. 18 We don't have to have a pretrial where we've 19 got eight or ten victims out there all wanting to talk 20 to us, wanting to know what's happening with their case, 21 what's going on, how come that case is going to trial, 22 why are you doing that here, I don't like deferred 23 adjudication. They can answer the majority of those 24 questions. They can alert us to the issues a particular 25 victim is having. This victim is struggling with this. 105 1 This victim -- I mean, all of the different things, they 2 can alert us to that and they focus it in, so the amount 3 of time that we have to spend addressing the victim can 4 be quality time. Getting straight to the point that 5 that person needs. And in that respect, they are 6 invaluable to my office. I know I can speak for Lucy 7 Wilke and say the same thing. And I feel Heather's here 8 but she can speak for herself, but I guarantee you, 9 she's going to -- she will tell you the exact same 10 thing. It's enormous, that service. 11 For us to be able to look out into -- on our 12 pretrial day, when we've got a six or seven page docket, 13 and see Pam and/or Carole out there occupying that 14 position, basically surrounded by victims, it is a 15 tremendous relief. A tremendous relief, I'm telling 16 you. 17 JUDGE KELLY: And I'd like to add something 18 that you told me. I sat in this stakeholders meeting 19 and listened to all of this and they wanted to come 20 present it to the Court. But I heard a phrase and 21 well-termed phrase is something that I really appreciate 22 and I have to give credit to Scott as much as I hate to. 23 But it is to break the cycle of violence. The major 24 fruit of this program is to break the cycle of violence 25 in these families so hopefully it's not revisited upon 106 1 them again. 2 MR. MONROE: That's the second intangible I 3 want to talk to you about. 4 COMMISSIONER MOSER: Let me ask you one 5 question. What is the grant for? 6 JUDGE KELLY: The program, again. 7 COMMISSIONER MOSER: No, no. What -- this 8 is the application for a grant. What is the grant for? 9 MS. PETER: To fund this office. Crime 10 Victim Compensation Office. 11 COMMISSIONER MOSER: Okay. So it's to fund 12 -- fund the office? 13 MS. PETER: Yes, sir. 14 MR. MONROE: Right. 15 COMMISSIONER MOSER: And is it to fund it a 16 hundred percent, or to fund -- 17 MS. PETER: 80. 80/20. 18 COMMISSIONER MOSER: 80/20, okay. Had to 19 get down to the fundamental, what are we talking about. 20 MR. MONROE: Yeah, yeah. That's right. The 21 other thing I wanted to talk to you about is exactly 22 that. And I want -- and I want to state this as -- as 23 artfully and as delicately as I can. Because I'm not 24 taking shots at anybody here. We're all products of our 25 own environment. And personally, I was very blessed 107 1 with my family, and very, very fortunate. I recognize 2 though, that many, many people out there are not that 3 fortunate. And you're dealing with a stratum of people 4 that if you wanted to say a black cloud follows them, 5 I'm not so sure that's not inaccurate. They just are at 6 risk. That's just the way it is, is that they're at 7 risk. 8 And we see generation to generation to 9 generation of these people. Because we can't get to 10 them. We can't reach the people that need to be 11 reached, and so the cycle repeats itself. Time in and 12 time out. And we deal with grandparent and then parents 13 and then eventually children, and it's the same problem 14 over and over again. And just like Pam said, 20 to 25 15 percent respond to the mail-out. 75 percent of the 16 people they deal with is because they had the ability to 17 follow up. Mr. Belew, we sent you a packet the other 18 day. Did you get it? Yes. What can I help you with on 19 that? Is there anything you need? Let me help you 20 through this. Or Mr. Belew, I'm -- I'm scared, I don't 21 think I want to do this. We'll take care of you. We'll 22 get you through this. Please stay with us. We can 23 intervene with this family and get the person or persons 24 who need the help the help they need. 25 And the intangible benefit of that is that 108 1 perhaps we can then break that cycle. To inject into 2 that generation the help that they need, the counseling 3 that they need, the financial resources that they need 4 to get out of that. Because we can't do it otherwise. 5 We don't even know who they are. And it does that. And 6 for that, the benefits that the Crime Victim's 7 Coordinator person does is enormous. 8 I don't know, I guess it possibly could be 9 calculated some way where if you count how many people 10 would not be in this system, but for this. I -- I don't 11 know how you'd do it. But if you stop and think about 12 that, that's where it comes up. And if our purpose is 13 to help, is to help, that's where it is. We do more 14 good in that respect than anything else we do. 15 And so if there's anything that my office -- 16 if you ask me to pick what is the service that I 17 consider to be invaluable, I'm telling you it's this. 18 I'm telling you it's this. And I'm thankful there's a 19 grant out there. Hopefully we get it. But it is a 20 service that serves Kerr County and for the City of 21 Kerrville in ways that you cannot even imagine. And 22 there are people here that have received help that would 23 have never been in a position to get it before. So I 24 encourage you to approve the application. Happy to 25 answer any questions for you if you have any. I'm just 109 1 here telling you. 2 COMMISSIONER MOSER: Let me ask Pam. What's 3 the timing on the grant? 4 JUDGE KELLY: The 27th. 5 MS. PETER: The 27th. 6 COMMISSIONER MOSER: No. That's when it'll 7 be approved? 8 MS. PETER: Oh -- 9 JUDGE KELLY: No. Submitted. Deadline. 10 MS. PETER: I will make a three-minute 11 presentation in April. And then we should know 12 something, I'm saying, June, July, August. Could be a 13 little sooner. It depends on how fast they move. 14 COMMISSIONER MOSER: So it would be for this 15 fiscal year? 16 MS. PETER: It will be for the following -- 17 MR. MONROE: Next year. 18 COMMISSIONER MOSER: For the next year? 19 MS. PETER: For the next year. 20 COMMISSIONER MOSER: So it's not -- we 21 haven't considered the 20 percent in the budget -- 22 MS. PETER: Correct. 23 COMMISSIONER MOSER: -- because that's next 24 year's. 25 MS. PETER: Correct. Correct. 110 1 COMMISSIONER MOSER: Okay. Thank you. 2 MR. MONROE: For next year's. 3 COMMISSIONER HARRIS: For a new position? 4 MS. PETER: No new position. 5 JUDGE KELLY: No, no, no. The program. 6 This is for -- 7 MS. PETER: Uh-huh. Actually, it's a 8 reduction of that. 9 COMMISSIONER HARRIS: Okay. 10 MR. MONROE: Yeah, it's actually -- because 11 right now they have two full-time position. Pam is in 12 charge and then Carole who has recently resigned. The 13 second position in this grant is a part-time position. 14 COMMISSIONER MOSER: Yeah. Okay. Got it. 15 You answered my question. Thank you. 16 MS. PETER: Absolutely. 17 COMMISSIONER BELEW: This is a savings. 18 MS. PETER: Yes, sir. Yes, sir. 19 COMMISSIONER MOSER: Okay. 20 MR. MONROE: Any other questions of me? I 21 can't tell you how much this does for all of us here. 22 COMMISSIONER MOSER: I move for approval for 23 grant application. 24 COMMISSIONER HARRIS: Second. 25 JUDGE KELLY: Motion's been made by 111 1 Commissioner Moser, seconded by Commissioner Harris to 2 approve the grant application. Before we do that, I -- 3 I know you brought someone special to the Court to hear. 4 MS. PETER: I did. 5 JUDGE KELLY: We'll take a vote, but I think 6 this is something that's important to hear. 7 MS. PETER: So I just want to give you a 8 little background here and I'll try to make this quick. 9 One of the -- the mother of a victim, it's actually the 10 mother of a murdered victim, wanted to speak to you, and 11 had told me prior, if I can do anything to help. 12 The background is I've been working with her 13 for about eight or nine months and her name is Anna. 14 I'm not going to do last name, if you're okay with that, 15 for her privacy and the privacy of her granddaughter. 16 She is taking care of her granddaughter because her 17 daughter was murdered. And immediately she lost every 18 bit of help that the daughter had. Her daughter was 19 disabled, but cared for this child on her own. Lost 20 every bit of support for that child almost immediately. 21 She became caught between the Social Security system and 22 the Crime Victim Compensation system. And I met her and 23 we began working together as a team to try to get her 24 some help. So about a week ago, Anna? 25 MS. ANNA: (Shakes head yes.) 112 1 MS. PETER: About a week ago she found out 2 that she will receive the money that her daughter, 3 through the Crime Victims' Compensation, that's not 4 taxpayer money, that is money that is -- that the State 5 provides outside of taxpayer dollars. And she will get 6 the back monies from the time of the crime. And she 7 will get it forward to help with this young lady. Her 8 granddaughter has a team of people working with her. 9 She's been severely affected, as you can imagine. But 10 Anna, I'll let you say what you would like to say. 11 MS. ANNA: Hi, my name is Anna. I just 12 wanted to let everybody know that I am very grateful for 13 Victims of Crimes Program. Without them, I don't know 14 what I'd have done. We have been very affected. And I 15 appreciate everything you've done. 16 MS. PETER: And Anna and I talked a little 17 bit before she came -- we came up here. And, you know, 18 I -- I consider myself a system. I've dealt in the 19 system, the State system, for 20 plus years. And I 20 think I can navigate it pretty well. But I'm telling 21 you, it was definitely a team effort, wasn't it, Anna? 22 MS. ANNA: Yes. 23 MS. PETER: Lots of back and forth. And 24 it's not easy. 25 MS. ANNA: It's not easy. There's a point 113 1 to where I wanted to quit. But my granddaughter -- with 2 me right, Pam? She helped me a lot through this. 3 COMMISSIONER MOSER: Don't quit. Don't 4 quit. 5 MS. PETER: So she will continue to benefit 6 from us. This case is still very active and will 7 probably be a long-term case. I will be working with 8 her the whole time. And she knows anything she needs, 9 she can call me. And we try to -- I've even worked with 10 some of the mental health and others that are involved 11 with this case. 12 COMMISSIONER MOSER: How old is your 13 granddaughter? 14 MS. ANNA: She was nine at the point, and 15 she's ten right now. 16 COMMISSIONER MOSER: Okay. 17 MS. ANNA: She was nine when all this 18 happened. 19 COMMISSIONER MOSER: Okay. Good news. Good 20 story. 21 MS. PETER: And she's getting there. 22 MS. ANNA: Yeah. She was pretty affected by 23 it, too, because it was -- this happened during her 24 celebration of her 9th birthday. So -- thank you very 25 much. 114 1 COMMISSIONER MOSER: Thank you. 2 JUDGE KELLY: So with that, let's go ahead 3 and call a vote. Those in favor raise your hand. 4 Unanimous, four zero. Don't go away. 5 MS. PETER: Thank you, gentlemen. 6 JUDGE KELLY: We've got the next thing on -- 7 let's get this one done and then we'll take a brief 8 break. 9 MS. PETER: Okay. 10 JUDGE KELLY: Item 1.18, consider, discuss 11 and take appropriate action to approve the Victim 12 Compensation Benefits Assistance Agreement with Court 13 Appointed Special Advocates, CASA. Ms. Peter. 14 MS. PETER: This is really just letting you 15 know that we do work closely with CASA. And we have a 16 system in place. You can read it there. They have the 17 ability to fill out the Crime Victim's Compensation, but 18 one of the goals of the office when I came on was to 19 centralize that back to us, because it's better for the 20 victim. If we have those claims out there, it really 21 hinders their progress because they cannot get police 22 reports. If you don't send the application in with the 23 police report, it goes to File 13. And so, this 24 documents that. Most agencies are working with us to do 25 it that way. So it's been a big -- it's a big change I 115 1 think. 2 COMMISSIONER BELEW: Most. You said most. 3 MS. PETER: Most. There are some that still 4 perhaps, for whatever reason, they choose to file their 5 own. We -- we cannot keep that from happening. But the 6 Crisis Council, Kids' Advocacy Place, and CASA, which 7 are three that -- big ones that we deal with, they all 8 funnel them through us. 9 COMMISSIONER BELEW: So on the back of your 10 brochure here, these are the partners? This is -- 11 MS. PETER: Yes, sir. Those are some. 12 COMMISSIONER BELEW: -- where you refer 13 people? 14 MS. PETER: Those are some. 15 COMMISSIONER BELEW: They refer to you or 16 you refer to them or -- 17 MS. PETER: Both. 18 COMMISSIONER BELEW: Okay. 19 MS. PETER: Yes. It is a mutually 20 beneficial relationship. 21 COMMISSIONER BELEW: Okay. 22 MS. PETER: So it's -- really all I'm asking 23 is that you say it's okay for me to be in partnership 24 and just that we have an agreement together. 25 COMMISSIONER BELEW: I move for approval. 116 1 COMMISSIONER HARRIS: Second. 2 JUDGE KELLY: Motion's been made by 3 Commissioner Belew, seconded by Commissioner Harris to 4 approve the Victims Compensation Benefits Assistance 5 Agreement with CASA. Any further discussion? Those in 6 favor raise your hand. Unanimous, four zero. 7 We will take a break, a five-minute break 8 and come back and try to finish things up. We'll be in 9 recess. 10 (Recess.) 11 JUDGE KELLY: Court will come back to order. 12 Let's go back up the agenda and go to -- I lost Jackie 13 now. 14 Let's go to 1.5 consider, discuss and take 15 appropriate action to surplus various county equipment. 16 Mr. Robles. 17 MR. ROBLES: Hello. Okay, we have four 18 departments today. Human Resource, Treasurer, Veteran's 19 Service. They're all getting rid of metal filing 20 cabinets, small desk, a white printer stand, in that 21 order. Most of them are going to be coming from IT. 22 These are computers that are being changed out due to 23 Windows update. We have about 46 of them. 24 COMMISSIONER HARRIS: I move for approval. 25 COMMISSIONER BELEW: Second. 117 1 JUDGE KELLY: Motion's been made by 2 Commissioner Harris, seconded by Commissioner Belew to 3 approve the surplus items as presented. Any further 4 discussion? Those in favor raise your hand. Unanimous, 5 four zero. 6 Item 1.4 on the agenda is consider, discuss 7 and take appropriate action to accept the annual report 8 on the County Clerk's investments as it regards the 9 Registry Accounts of the County to comply with the Texas 10 Estates Code. Miss Dowdy. 11 MS. DOWDY: And it's a standard report. 12 Just -- I'm supposed to give y'all a report as such and 13 so it's listed on the letter there. Do y'all have any 14 questions? 15 COMMISSIONER HARRIS: I move for approval. 16 COMMISSIONER BELEW: Second. 17 JUDGE KELLY: Okay. It's been moved by 18 Commissioner Harris, seconded by Commissioner Belew to 19 approve the County Attorney's report -- County Clerk's 20 report on the Registry Accounts of the County pursuant 21 to the Texas Estates Code. Any further discussion? 22 Those in favor raise your hand. Unanimous, four zero. 23 Item 1.7 -- well, let me -- let me -- on 24 1.6, is there anybody here from the Red Cross? We 25 passed that earlier. What's the Court's pleasure on 118 1 that? 2 MRS. STEBBINS: I think this is something 3 y'all do every year. 4 JUDGE KELLY: I think it is, too. 5 MRS. GRINSTEAD: It is. And there's a 6 backup e-mail in there. 7 JUDGE KELLY: I saw that. 8 MRS. GRINSTEAD: Mr. Dubois, I guess is how 9 you say it, was going to try to come, but they -- they 10 were also going to send these two volunteers but they 11 must not have been able to. 12 COMMISSIONER HARRIS: Okay. Go ahead and 13 take care of it. 14 JUDGE KELLY: Yeah, I'll go ahead and -- 15 I'll go ahead and move that we go ahead and proclaim 16 March as American Red Cross Month. 17 COMMISSIONER HARRIS: Second. 18 JUDGE KELLY: So I made the motion, seconded 19 by Commissioner Harris to approve March as American Red 20 Cross month. Any further discussion? Those in favor 21 raise your hand. Unanimous, four zero. 22 Item 1.7 consider, discuss and take 23 appropriate action to approve changes to the Kerr County 24 Sheriff's Office Wrecker Rotation Policy and Procedures. 25 Sheriff. 119 1 SHERIFF HIERHOLZER: What this is is under 2 the Occupations Code it states that the Commissioners' 3 Court of a County in which a list is maintained, this is 4 what's called a rotation list, when we don't know, you 5 know, it's not a requested wrecker, a certain company 6 that the owner requests and we have to go through a 7 rotation. 8 And it states that the Commissioners Court 9 of a County in which a list is maintained shall adopt 10 policies to implement this section in a manner that 11 ensures -- and it just ensures equal distribution, how 12 we do it, everything. You have -- you should have a 13 copy of the policy there with you. 14 We've had this policy in affect for a number 15 of years. Years ago it was kept by DPS. And we all 16 used the same rotation list. But then DPS Auditors, 17 after they closed down the local office here, decided 18 they didn't want DPS doing that anymore so then the City 19 had their own and the Sheriff's office had our own. And 20 I'm not sure if it ever really got adopted by this Court 21 back then. I couldn't find a record of it. It should 22 have, but after looking at it I just wanted to make sure 23 since we did make some changes in the last few weeks 24 over it and we've had a lot of different things, I just 25 wanted to make sure the wrecker policy was brought to 120 1 y'all and approved. It has been gone over by the County 2 Attorney, and had her stamp of approval on it. So I'll 3 just ask y'all to -- 4 COMMISSIONER HARRIS: This keeps everybody 5 happy and fair and -- 6 SHERIFF HIERHOLZER: That's all it does. We 7 don't get into -- you know, you can get into charging 8 fees and what's set and all that. I don't do that. 9 There is a fee schedule done by TDLR, the Texas 10 Department of Licensing and Regulations, that wreckers 11 have to stay with, and I would rather that they have all 12 that mess and headache with fees and permits and that. 13 We just have a pretty well blanket policy on how we call 14 them out and what we expect when they get there. 15 COMMISSIONER MOSER: So the City has one? 16 SHERIFF HIERHOLZER: The City has their own. 17 COMMISSIONER MOSER: Is this similar to that 18 or do you know? 19 SHERIFF HIERHOLZER: I'm not -- I haven't 20 seen theirs and it -- 21 COMMISSIONER MOSER: Okay. 22 SHERIFF HIERHOLZER: I'm sure it is. 23 COMMISSIONER MOSER: But this is similar to 24 what DPS had? 25 SHERIFF HIERHOLZER: Yeah. 121 1 COMMISSIONER MOSER: Yeah. 2 SHERIFF HIERHOLZER: And -- and what other 3 counties -- I've looked at other counties do. It's the 4 only thing I don't do is I don't like to get into us 5 setting the fees. 6 COMMISSIONER MOSER: Yeah. Okay. 7 COMMISSIONER HARRIS: I move for approval. 8 COMMISSIONER BELEW: Second. 9 JUDGE KELLY: Motion's been made by 10 Commissioner Harris, seconded by Commissioner Belew, to 11 approve the Sheriff's Office Wrecker Rotation Policy and 12 Procedures. Any further discussion? All those in favor 13 raise your hand. Unanimous, four zero. 14 Next item on the agenda is 1.8 consider, 15 discuss and take appropriate action to accept the annual 16 Racial Profiling Report from Constable Precinct 2. 17 Constable Schneider sent me this over. I put it on the 18 agenda. There's a copy of it in your handouts. It's 19 something that we have to do every year. So I would 20 just recommend that we move for approval. 21 COMMISSIONER MOSER: I move that we accept 22 the Racial Profiling Reports from Constable Precinct 2. 23 COMMISSIONER HARRIS: Second. 24 JUDGE KELLY: Motion's been made by 25 Commissioner Moser, seconded by Commissioner Harris, to 122 1 approve the Racial Profiling Report for Constable 2 Precinct 2. Those in favor, raise your hand. 3 Unanimous, four zero. 4 Next item on the agenda I believe is 1.10 5 consider, discuss and take appropriate action to appoint 6 a member of Commissioners' Court or designate a person 7 to perform the investigation under Section 751.005 of 8 the Texas Health and Safety Code for the purpose of 9 determining if the minimum standards for ensuring public 10 safety and order as prescribed by law will be maintained 11 under the application for permit for mass gathering by 12 the EasterFest (hosted Leadership Kerr County which is 13 sponsored by the Kerrville Chamber of Commerce) and to 14 set that hearing for March the 23rd at 8:30. 15 I'll do it in my office. This is a routine 16 Mass Gathering Permit. And the last several of these, 17 we have appointed Commissioner Harris, who has dutifully 18 performed his services and attended. But has voiced his 19 pleasure that he would like for it to be rotated among 20 the other members of the court as well. 21 COMMISSIONER HARRIS: We got an empty chair. 22 COMMISSIONER MOSER: I think -- I think he 23 has the experience, but in all fairness, I would 24 nominate Commissioner Letz to do that. 25 COMMISSIONER HARRIS: I second that. 123 1 COMMISSIONER MOSER: Okay. Good deal. 2 JUDGE KELLY: No further discussion. All in 3 favor raise your hand. 4 COMMISSIONER MOSER: Okay. Teach him to 5 miss. Well, I'll tell you what, I'm not missing any of 6 these damn things. 7 JUDGE KELLY: Man, tough crowd. Okay. I 8 believe we are caught up on everything and we're back to 9 1.19. Does that look like we're current on the agenda 10 again? All right. 11 Okay, item 1.19 consider, discuss and take 12 appropriate action to approve and adopt the budget 13 calendar for Fiscal Year 2020-2021. Ms. Shelton. 14 MRS. SHELTON: This is basically the same 15 budget calendar that we looked at a couple of weeks ago. 16 We did change one date, and it's August the 3rd on a 17 Monday, because we did have one Commissioner that was 18 going to be out for the final budget workshop. 19 MRS. GRINSTEAD: It was actually August 20 10th. 21 MRS. SHELTON: It was -- thank you. It was 22 August 10th, and it's been moved to August the 3rd. 23 JUDGE KELLY: So as best we can, we've tried 24 to accommodate everyone's schedule. 25 MRS. SHELTON: Yes. 124 1 COMMISSIONER MOSER: Just looking -- so 2 basically what it says from June the 15th to August the 3 10th, it's continuous. 4 JUDGE KELLY: Yeah. 5 COMMISSIONER MOSER: Yeah. So -- 6 MRS. SHELTON: And we can always cut some 7 out is what the hope is. 8 COMMISSIONER MOSER: So is there -- is there 9 any way of having anything in here, like you can combine 10 where there would be a week off or something like that? 11 MRS. SHELTON: There are weeks off. Like 12 from June 29th to July 13th. 13 COMMISSIONER MOSER: Okay. 14 MRS. SHELTON: We made allowances for the 15 July 4th holiday in there. I think the week before or 16 the week after. 17 COMMISSIONER MOSER: Okay. Good enough. I 18 -- when I glanced through that I didn't -- didn't lay it 19 out on the calendar. So that's in there. Okay. Good 20 enough. Super. 21 JUDGE KELLY: It's pretty much business as 22 usual. I think we're, what, a week and a half, two 23 weeks longer this year? 24 MRS. SHELTON: We're actually shorter this 25 year. Because last year it was not adopted until 125 1 September. 2 JUDGE KELLY: Okay. 3 COMMISSIONER MOSER: Yeah, this was a new 4 Senate bill, too, that makes us do this. 5 COMMISSIONER BELEW: And you got an extra 6 day. It's a leap year. 7 COMMISSIONER MOSER: Well that's true, too. 8 Forgot about that. 9 COMMISSIONER HARRIS: I move for approval. 10 COMMISSIONER MOSER: Second. 11 JUDGE KELLY: Motion's been made by 12 Commissioner Harris, seconded by Commissioner Moser to 13 approve the budget calendar for Fiscal Year 2021. All 14 those in favor raise your hand. Unanimous, four zero. 15 1.20 discussion and clarification regarding 16 economic development opportunity discussions that can be 17 in Executive Session. Commissioner Moser. 18 COMMISSIONER MOSER: Yeah. Thank you, 19 Judge. I don't think we need to take any action on 20 this. The County Attorney sent to me a clarification on 21 what the law said. And one of them is to disregard 22 deliberation regarding economic development negotiations 23 for closed meetings and it's to deliberate the offer of 24 a financial or other incentive to do a business prospect 25 described by subdivision one, which is another bunch of 126 1 details. I think that I don't need to have discussion 2 on that. I think I can talk to the County Attorney 3 outside and maybe we can decide how we want to proceed. 4 So thank you for that. 5 JUDGE KELLY: Okay. We'll pass on that. 6 COMMISSIONER MOSER: And thank the County 7 Attorney for sending it to me. 8 MRS. STEBBINS: You're welcome. 9 JUDGE KELLY: Approval agenda 2.1 pay the 10 bills. 11 MS. SHELTON: Invoices for this week include 12 $471,953.41 for Kerr County. The airport, $13,297.16. 13 Adult Probation, $18,775.75. Juvenile Probation, 14 $53,345.11. Plateau Water Planning, $135.00. County 15 Clerk fees, $1,229.35. And the 198th D.A. forfeiture 16 fund, $710.09. 17 COMMISSIONER MOSER: Move that we pay the 18 bills as submitted by the Auditor. 19 COMMISSIONER HARRIS: Second. 20 JUDGE KELLY: Motion's been made by 21 Commissioner Moser, seconded by Commissioner Harris, to 22 approve the bills as presented. Any further discussion? 23 Those in favor raise your hand. Unanimous, four zero. 24 Budget amendments. 25 MR. ROBLES: Yes. We have two today. One 127 1 is a line item transfer for Animal Control, $500. The 2 other is for Road & Bridge, recognizing the $8,000 3 donation for the Stalker sign. 4 COMMISSIONER BELEW: I move for approval. 5 COMMISSIONER HARRIS: Second. 6 JUDGE KELLY: Motion's been made by 7 Commissioner Belew, seconded by Commissioner Harris to 8 approve the budget amendments as presented. Any 9 discussion? Those in favor raise your hand. Unanimous, 10 four zero. 11 Late bills. 12 MS. SHELTON: The total for payment, 13 presented for payment, is $28,759.24. The majority of 14 it is the storm damage repairs at the airport. 15 COMMISSIONER BELEW: I move for approval. 16 COMMISSIONER MOSER: Second. 17 JUDGE KELLY: Motion's been made by 18 Commissioner Belew, seconded by Commissioner Moser to 19 approve the late bills as presented. Any discussion? 20 Those in favor raise your hand. Unanimous, four zero. 21 Auditor reports. 22 MRS. SHELTON: Yes. The Auditor's 23 Department made the audit of the Sheriff's Office and 24 Jail Commissary Account, and present these reports for 25 your acceptance. These were made in accordance with 128 1 Local Government Code 351.0415. 2 COMMISSIONER HARRIS: I move for approval. 3 COMMISSIONER BELEW: Second. 4 JUDGE KELLY: Commissioner Harris has made 5 the motion, seconded by Commissioner Belew to approve 6 the Commissary and Inmate Trust Account Audit Report. 7 Is there any discussion? Those in favor raise your 8 hand. Unanimous, four zero. 9 Monthly reports. 10 COMMISSIONER HARRIS: Okay. For January, 11 2020, we have the standard monthly report from Constable 12 Precinct 3, Ken Wilke. Constable Precinct 4, Gene 13 Huffaker. Fines, judgments and jury fees collected for 14 J.P. 4, Bill Ragsdale. Animal Services Director, Reagan 15 Givens. Environmental Health Director, Ashli Badders. 16 District Clerk, Dawn Lantz. County Clerk, Jackie "JD" 17 Dowdy. Human Resources, Indigent Services Director, 18 Jennifer Doss. And County Treasurer monthly report, 19 Tracy Soldan. I move for approval. 20 COMMISSIONER BELEW: Second. 21 JUDGE KELLY: It's been moved by 22 Commissioner Harris, seconded by Commissioner Belew to 23 approve and accept the monthly reports. Any discussion? 24 Those in favor raise your hand. Unanimous, four zero. 25 2.6 court orders. 129 1 MRS. DOWDY: We do have court orders. And 2 we had a revision on 1.1 this morning, and took a look 3 at it. 4 JUDGE KELLY: Okay. Then I will move that 5 we approve the court orders as presented. 6 COMMISSIONER HARRIS: Second. 7 COMMISSIONER MOSER: Second. 8 COMMISSIONER HARRIS: Go ahead. 9 JUDGE KELLY: I moved, seconded by 10 Commissioner Moser to approve the court orders as 11 presented. Any discussion? Those in favor raise your 12 hand. Unanimous, four zero. 13 Department updates and discussion. If you 14 look at the agenda, you see we're trying to get a little 15 bit more specific to meet our public notice 16 requirements. The first one is 3.1(a), a Healthy County 17 Update. Miss Soldan. 18 MRS. SOLDAN: Good morning. I wanted to 19 give you an update that we received the employer reward 20 money from TAC for our Healthy County Program for 2019. 21 The check total was $3,240.00. The prior year it was 22 $933.00. So we're doing something good here. And I 23 wanted to point out that a lot of that had to do with 24 the incentives that you all approved for the extra day 25 off for employees that not only complete the challenges, 130 1 but also get their annual physical and turn that proof 2 in to HR. So the breakdown was $540 for our employees 3 participating in Sonic Boom, and completing three of the 4 four challenges. $1,080 for hosting on-site wellness 5 training. So those are just health related classes that 6 I bring TAC here to educate employees on. And then the 7 County specific incentive was $2,700.00. So without 8 that, our check would have been a lot less. Still more 9 than the prior year but a lot less. 10 And so I wanted to thank you for doing that 11 and for doing that again for this year, for 2020. Also, 12 I have our first training class scheduled for Thursday, 13 March 12th. It will be a lunch and learn, and the topic 14 is to be determined still. And there will be an e-mail 15 going out, and I invite you guys to attend that class as 16 well. 17 And then Dawn Lantz -- so Dawn and Jennifer 18 and I are all on the wellness committee. But we would 19 like to -- or not committee but the wellness -- we're 20 the wellness -- what are we? 21 MRS. DOSS: Coordinators. 22 MS. SOLDAN: -- coordinators and Dawn is the 23 sponsor. And we would like to set up a committee with 24 some employees to help us brainstorm incentives or ways 25 to get people more active in the program and to help 131 1 spread the word so that we get more participation. 2 Because based on that number for the check that we 3 received, there were only 22 employees that earned that 4 extra day off. And so, if we can get enough not only -- 5 maybe ten percent of our employees. Maybe. 6 So if we can get the word out and get people 7 to understand how important this is, not only does it 8 help keep our premiums down, it gets everybody healthy, 9 it keeps people coming to work and not being sick. 10 So we wanted to just let you know that we 11 would like to set up that committee. We'll probably do 12 a survey, ask for people to -- for their interest in 13 serving, maybe get three to four people to join us. And 14 just start coming up with different ways to keep people 15 active and healthy. 16 COMMISSIONER MOSER: I think Commissioner 17 Letz is really interested. 18 MS. SOLDAN: I'll put his name down. 19 JUDGE KELLY: Thank you. 20 MS. SOLDAN: You're welcome. 21 COMMISSIONER MOSER: Yeah, thanks Tracy. 22 JUDGE KELLY: 3.2 these are basically status 23 reports. We don't put the blanket status report on 24 there. We have to talk about specific things. (a) has 25 to do with an update on the five county Regional Public 132 1 Defender's Office proposal. 2 I reported last week that on Thursday the 3 Texas Indigent Defense Commission went to Medina County 4 and made a presentation. They wanted to come by here 5 and visit with anybody if you were interested. They 6 didn't get any interest. I'm going to talk to them 7 again today and be able to give you an update on that. 8 My understanding is that Medina County has 9 pretty much already signed on and now it's beginning to 10 trickle down as to how we do this. So it -- that's just 11 an update on where we are with that. 12 (b) is a update on the court recording 13 system. You remember -- I think it was right before 14 Christmas, Aaron Yates came to us to talk to us about 15 the video. And we've looked at a number of systems to 16 do that. We were going to have a demonstration and if 17 you'll note, we pulled that demonstration. The 18 equipment works fine. What we were concerned about is 19 we went and checked the websites where they were using 20 the equipment, and we weren't impressed. It's that 21 simple. And so we have been looking at, and I'll put 22 this out there for everybody to go check it, is the 23 City's website and we decided to approach their vendor 24 to see what that would cost. Because their website is 25 pretty impressive with the video. They even have the 133 1 function, and you have the agenda, it has the bookmarker 2 to the agenda items. Make it easy for people to find. 3 The other thing we liked about it was that 4 this service -- the new vendor's name is Granicus that 5 we're talking to, actually provides that scrolling 6 service. When you look at the City's website and you 7 see the video, you'll see the word thing scroll down 8 there. And that's done by them remotely from their 9 office. They hire people to do that. 10 This is a little bit more expensive unit, 11 but where -- where Bruce and I are on it, and Jody, 12 we're kind of the ad hoc committee doing this. We want 13 to bring something to you that is going to -- that 14 you're going to really be pleased with. It's -- you 15 know, kind of take your breath away and see that that 16 really is good. The other one would do -- would be 17 adequate. We all agreed that it -- it would work. But 18 it's just not as -- as comprehensive as what -- what the 19 City is using. And so we contacted them and we're 20 trying to get that together and be able to come back and 21 give a presentation. 22 COMMISSIONER MOSER: So this system 23 transcribes? Converts it from audio to written? 24 JUDGE KELLY: It's not -- no, they don't -- 25 no, I wouldn't say that. I'm not going to describe it 134 1 that way. The way they do it is -- you'll see the 2 video. And it has the multiple camera angles and, you 3 know, the camera moves to the person speaking, so it's 4 very fluid and makes it easy to watch. But the way the 5 -- they call it captioning is what they call it. And 6 I'm just using their word. Captioning. Bruce taught it 7 to me. 8 If they have someone back in their office 9 that they hire to do this, to come in, and it's actually 10 done live, that they have live people doing that on our 11 web page. 12 COMMISSIONER BELEW: So like what Deb is 13 doing now, they have basically a court reporter at the 14 studio? 15 JUDGE KELLY: I don't think they're court 16 reporters. I -- but I'm not sure what -- 17 COMMISSIONER BELEW: That's what I would 18 think they do. 19 JUDGE KELLY: We haven't talked to them 20 about that part of it. 21 COMMISSIONER MOSER: Yeah. So basic thing 22 is, can you do a word search on what -- 23 JUDGE KELLY: Yes. 24 COMMISSIONER MOSER: You can do a word 25 search? 135 1 MR. MOTHERAL: Yes. 2 COMMISSIONER MOSER: So they have to 3 transcribe it then. 4 MR. MOTHERAL: It's transcribed. The closed 5 captioning, that's what you need to think of it as, it's 6 closed captioning. 7 COMMISSIONER MOSER: But closed captioning 8 is just as a title, a brief summary. 9 MR. MOTHERAL: It is. But it goes into a 10 file that is permanently attached to that video. 11 COMMISSIONER BELEW: Okay. How well does it 12 interpret? 13 MR. MOTHERAL: 90 plus percent. 14 COMMISSIONER BELEW: Okay. Because when my 15 wife sends me a voice activated text message, it's not 16 3D texting. 17 COMMISSIONER HARRIS: And you still go home. 18 COMMISSIONER BELEW: I still go home. It 19 doesn't understand her accent. 20 JUDGE KELLY: Okay. So this is the best one 21 we've looked at so far. Of what the -- the vendors that 22 we've worked with and the equipment that was looked at, 23 this is the one that had the most polished bells and 24 whistles on the website. 25 COMMISSIONER MOSER: So it's live and 136 1 historical both. 2 MR. MOTHERAL: Yes. 3 JUDGE KELLY: Yes. And they -- they store 4 it on their server. And with a link from our web page 5 to their server to be able to display it. 6 COMMISSIONER BELEW: I just want to make 7 sure our County Auditors understood if we have to go to 8 this because -- 9 JUDGE KELLY: Well, but -- if -- if you 10 would just go look up the City's website and you're 11 going to see that -- those are the folks that we're 12 talking to because that was the best one we've seen as 13 we kind of did a little anecdotal survey. 14 COMMISSIONER BELEW: Well, they also -- they 15 maintain a YouTube channel, don't they? Is that part of 16 it, Bruce? 17 MR. MOTHERAL: It's not YouTube. It's 18 actually done on this hosting website. 19 COMMISSIONER BELEW: It stays in that host 20 website? 21 MR. MOTHERAL: Yes. 22 COMMISSIONER BELEW: Okay. 23 JUDGE KELLY: We're making progress. 24 COMMISSIONER BELEW: I know you can look up 25 archive, shows our meetings. 137 1 JUDGE KELLY: So that's an update on that. 2 Then (c) is the status of the budget and 3 capital improvements for the Kerrville-Kerr County 4 Airport. 5 I'm curious. I'm trying to find out what 6 their budget is going to be this coming year. I've 7 heard rumors that there's going to be another major 8 capital request. I'm trying to learn about that sooner 9 rather than later. I don't know what the status of that 10 is. 11 COMMISSIONER MOSER: Well, you know, I 12 purposely don't go to their workshops, or neither does 13 Commissioner Letz, for them to work up their budget. So 14 it's been our policy in the past to let them work up 15 their budget, and come here and present it and defend 16 it. So I don't -- I have no idea what they're doing. 17 Like I said, I purposely don't go to their workshops so 18 they can have the freedom to do their thing. 19 JUDGE KELLY: I understand. But as a Court, 20 I would like to know sooner rather than later if we're 21 going to be hit with the big ask. 22 COMMISSIONER MOSER: Well, I -- I don't 23 know. 24 COMMISSIONER BELEW: Well, we've heard what 25 the needs are a couple of times, what the wish list is. 138 1 COMMISSIONER MOSER: I have no idea what 2 their needs are. They're working on their budget. 3 COMMISSIONER BELEW: Well, they talked about 4 a couple of things. One was the capacity on the 5 runway -- 6 COMMISSIONER MOSER: That was last year. 7 COMMISSIONER BELEW: Yeah. But it hasn't 8 been done, has it? 9 COMMISSIONER MOSER: No, but we considered 10 it -- yeah, it's in our budget, it's in their budget 11 this year for $550,000.00, or something like that. 12 COMMISSIONER BELEW: That's the one I'm 13 thinking of. 14 COMMISSIONER MOSER: Yeah. That was last 15 year's budget. 16 JUDGE KELLY: Well, just for what it's 17 worth -- 18 COMMISSIONER BELEW: It hasn't happened yet 19 though, has it? 20 COMMISSIONER MOSER: Well, no. But it's 21 been approved that and appropriated, the funds. 22 JUDGE KELLY: Yeah, but for what it's worth, 23 there's a rumor. A little bird whispered in my ear that 24 that they're looking for a three and a half million 25 dollar capital input from both -- half from the City and 139 1 half from us, which is something that I would really 2 like to know the details of that before we start the 3 budget process here in this courtroom, so -- 4 COMMISSIONER MOSER: We can just have them 5 -- they will come in, Judge, as soon as they -- I don't 6 think -- help me with the timing there, James, but when 7 they get their budget, when they finish their workshops, 8 and they say this is what we -- they have the authority 9 to create their budget, and we have the authority to 10 listen to it and approve it, or change it. Or approve 11 it or not approve it. Because I've been there before 12 when I was on the Airport Board, and I presented it, you 13 know, and it was line item by line item presented it, 14 but then it was either approve it or not approve it. 15 And I think that at that time it was not approved, just 16 because there were some line items that weren't to be 17 desired at that time. I think it was the City when I 18 presented it for the Airport Board. 19 JUDGE KELLY: Well, this is really in 20 response to the County Attorney, who I am praising and 21 complementing, on trying to keep us fairly putting the 22 public on notice as to what we want to discuss in these 23 meetings. 24 And I want to go on notice that I want to 25 discuss, want that proposed budget capital improvement 140 1 request is going to be, and not wait until the last 2 minute when they come in and do the dog and pony show. 3 It's something that I think we have -- we should know. 4 And since both you and Commissioner Letz sit on that 5 Board, and are the Liaison Commissioners for that Board, 6 then I'd like to request that you check into it and be 7 able to report. 8 COMMISSIONER MOSER: Here's what I would 9 suggest is, we have them come as soon as they're ready. 10 I personally don't want to -- they're discussing option 11 A, and option B and option C, okay? I don't think -- I 12 personally don't think we need to get into the 13 discussion of option A, option B and option C until 14 they've had a chance to deliberate. That's the reason 15 we have an independent Airport Board. 16 That's the reason the City and County -- I 17 mean that airport was a royal mess, I'll go on the 18 record saying that, when the City and County were there 19 micromanaging what was happening at the Airport. So now 20 we have an Airport Board, and we give them the authority 21 and responsibility to operate the airport, and to 22 prepare and present a budget. And same way with 23 personnel, so -- 24 JUDGE KELLY: But as Mary Rohrer says as one 25 of the parents of the Airport Board, I think it's only 141 1 fare that the entire Court; not just the two Liaison 2 Commissioners know what's going on. And that's why I'm 3 asking, what's going on? 4 COMMISSIONER MOSER: Judge. I don't know 5 what's going on with their budget. 6 MR. ROBLES: We have a copy of their -- 7 COMMISSIONER MOSER: You may have it. I 8 haven't -- you may have chosen to go to their workshops. 9 I chose not to. Commissioner Letz chose -- 10 MR. ROBLES: Yeah -- 11 COMMISSIONER MOSER: -- not to go to the 12 workshops. So they have four or five workshops. 13 MR. ROBLES: To my understanding this is the 14 last one they'll do. At the next meeting which will be 15 Wednesday, I think they're going to finalize their 16 proposed budget, and then sometime in mid March bring it 17 to the City and County. 18 COMMISSIONER MOSER: We can ask them to come 19 as soon as they get it ready. I want -- 20 MR. ROBLES: I have a copy in my office if 21 you'd like to view it. 22 COMMISSIONER MOSER: I object to you 23 bringing something, okay, that the Airport Board hasn't 24 said this is what we want to have. I mean we have all 25 kinds of people out there with rumors with this and 142 1 that. And I mean there are five different people out 2 there. Some want this, some want that. I think they 3 should have the opportunity to deliberate without us 4 having somebody sitting there, you know, saying come 5 tell us about what you're deliberating about. I just 6 object to that. 7 JUDGE KELLY: No one has any objection to 8 them deliberating with all deliberate dispatch. But I 9 object to not being told what's going on, and you're the 10 Liaison Commissioner, and you're not telling us. We're 11 not being told what's going on. How can -- how can we 12 know, how can the public find out if you don't tell us? 13 COMMISSIONER MOSER: Because I look at their 14 clear responsibility and authority that we give them in 15 an Interlocal Agreement, and I recognize that, and I 16 would think that that's -- it's been working extremely 17 well for the last 8 years, okay? We've never had a real 18 issue with any of that. And I think they have a very 19 capable and a well demonstrated board out there on their 20 responsibility. 21 Because I was there when we first said let's 22 strive to have zero net revenue that the County and City 23 has to do. It took us years to get there, but we got 24 there. I think they're doing the same thing there. I 25 think they may come forward with some capital 143 1 improvements. If they do, it's going to be a -- it's 2 going to be based on a business case, what is it, what's 3 the revenue, what's the potential. And I would -- I 4 would be anxious to hear what they have to say. 5 JUDGE KELLY: I think we all applaud the 6 progress that the Airport Board has made. We've been 7 very please with it, but as a member of this Court, and 8 especially as the Liaison Commissioner for this Court, 9 there is a duty that you have back to us, the whole 10 group, to at least keep us apprised. 11 And so James has gone to their workshops 12 when neither of the Liaison Commissioners went. And 13 he's learned that they're going to ask us for three and 14 a half million dollars to be split between the City and 15 the us, right? 16 MR. ROBLES: At the Board's request, yes. 17 JUDGE KELLY: At the Board's request. So he 18 comes back and shows me this. We've had no forewarning, 19 no discussion, no status reports, no anything, and 20 there's something wrong with that. There needs to be 21 transparency in government. 22 COMMISSIONER MOSER: Well, anybody can go to 23 their budget workshop. Anybody in the public can go to 24 it. I mean how transparent can you be? 25 JUDGE KELLY: Well, I don't think you're 144 1 doing your job as Liaison Commissioner when you don't 2 come and tell us what's going on. 3 COMMISSIONER MOSER: Well, I just disagree 4 with you, Judge. 5 JUDGE KELLY: Okay. 6 COMMISSIONER MOSER: And I totally object to 7 you saying I'm not doing my job. I think that damn 8 Airport Board works extremely well. I know each one of 9 those people out there. I don't think that we need to 10 have quote somebody going out there and whispering 11 about, my God here it comes, because we have got the 12 authority at this Commissioners' Court to say yes or no. 13 I think they should of their ability -- we don't go to 14 the Volunteer Fire Departments and set and listen to 15 their budget activities. 16 JUDGE KELLY: Well, if he knows and you 17 don't -- 18 COMMISSIONER MOSER: Well, so -- 19 JUDGE KELLY: If you saw it coming and 20 didn't let us know there was something coming, I'm just 21 talking about keep us in loop. You don't have to give 22 away the secrets, just tell us what's going on -- 23 COMMISSIONER MOSER: I just -- I look at 24 my -- what I think I can do best as a County 25 Commissioner, and sitting through multiple workshops out 145 1 there is not my best choice of time. I don't think it's 2 necessary. I don't think it's necessary. I don't think 3 it's -- really don't think it's -- I mean, I'm not going 4 to say it's inappropriate, but I don't think it's 5 necessary to do. 6 I trust them to deliberate, because I've 7 seen them work, and I know the way the Airport Board 8 does that, so therefore, do I want to go sit out there 9 for three or four hours and do that, I choose not to. 10 Maybe James has got time to do that; I don't. 11 COMMISSIONER HARRIS: He was requested to 12 go, so -- 13 COMMISSIONER MOSER: Well, okay. That's 14 good. That's good. 15 JUDGE KELLY: And we've requested you to be 16 the Liaison back to keep us in the loop of what's going 17 on, at least generally. 18 COMMISSIONER MOSER: I've said all I can 19 say. 20 JUDGE KELLY: I think we've all said all we 21 can say. 22 COMMISSIONER MOSER: Good. 23 JUDGE KELLY: The last status report that I 24 have there is d), and that is that I would like to get 25 together with the County Attorney and follow up with our 146 1 lawyers in Austin. 2 MRS. STEBBINS: Yes, Sir. 3 JUDGE KELLY: And start trying to get some 4 input back to this Court so that we can start working on 5 what our chapter 381 policy is going to be, and try to 6 standardize what our understanding, or definition of 7 economic development is, so that they'll be more 8 predictability for the applicant to know whether or not 9 they've colored between the lines in their applications 10 or not. I just think it would be better for all of us, 11 for us and for the public. 12 MRS. STEBBINS: Would you like for me to 13 schedule a telephone conference with the two of us, and 14 then we can get some more specific questions to him so 15 that he can come back to the Court better prepared. 16 JUDGE KELLY: Yeah. And what I'm doing on 17 all these status reports is trying to keep the balls 18 rolling. We've got stuff going on here on our 381 19 policy. We've got stuff going on -- on the video and -- 20 and the court recording system. We've got stuff going 21 on what we're going to do about the Public Defender's 22 Office, so I'm just trying to keep the balls rolling and 23 keep us all in the loop so we don't forget about it, and 24 we can get it done. I guess I'm being an ass, trying to 25 get it done. 147 1 COMMISSIONER BELEW: Well, for the record, 2 there have been things you've called for us to do that I 3 thought that's going to be -- it's excessive, it's going 4 to be a real pain, but most of those have turned out 5 okay, and in fact have been an improvement. 6 As an example, when we met with the 7 volunteer fire departments, I didn't want to do that. 8 And it erupted into something that almost got out of 9 control, and I told you one day you poke the ant bed and 10 shouldn't have done it. But it's all -- it's actually 11 been an improvement overall, so I don't -- I don't see 12 anything wrong with increased transparency, or at least 13 trying to share more information. 14 We have our alternate Monday meetings for 15 that specific purpose. It's been beneficial, I think in 16 the large part. So, I just saying this by, you know, we 17 don't necessarily like it always. I'll speak for myself 18 on that. But it ends up you learn more, you make better 19 decisions, so -- 20 COMMISSIONER HARRIS: I think so. I mean 21 I'm the shortest time on the court, but I think every 22 Mondays are better than the Thursday deals we were 23 doing, so I like it. 24 JUDGE KELLY: Okay then, at this time we're 25 going to go ahead and take a five-minute break, and then 148 1 the Court will reconvene in executive session. 2 MRS. STEBBINS: Judge, I believe that that 3 item does fall under the contract negotiations for 4 executive session because we're stiff working on who we 5 want to enter into an agreement with, so the Court will 6 need to vote unanimously that it's your opinion that 7 deliberations in an open meeting might interfere with 8 negotiations with a third party. And I have given a 9 written opinion that I believe that that is the case 10 also. And I believe we need a recording, we need Deb to 11 stay. 12 COMMISSIONER BELEW: So that's not on -- how 13 do you make a motion for that since it's not really on 14 the agenda that way? 15 MRS. STEBBINS: You just need to vote, take 16 a vote, a record vote. 17 JUDGE KELLY: It's on the agenda under 18 4.3(a). 19 COMMISSIONER BELEW: Right, but not that 20 way. I mean, I didn't -- 21 MRS. STEBBINS: Under that particular -- 22 JUDGE KELLY: This is the written opinion. 23 But any time we go on contract negotiations, we have to 24 have a unanimous approval of the Court to go into 25 executive session. 149 1 So with that, I'm going to go ahead and make 2 a motion that we go into executive session for contract 3 negotiations regarding consider, discuss and take 4 appropriate action to review reference check results for 5 the salary study consulting firms. 6 COMMISSIONER HARRIS: Second. 7 COMMISSIONER BELEW: I'll second. 8 JUDGE KELLY: I've moved, seconded by 9 Commissioner Belew to approve us going into executive 10 session to discuss contract negotiations. Is there any 11 question, any discussion? Those in favor raise your 12 hand. Unanimous, four zero. 13 We will adjourn -- we'll not adjourn; we 14 will recess for five minutes, start back up at noon in 15 executive session. 16 (Executive Session.) 17 (Adjournment.) 18 * * * * * * 19 20 21 22 23 24 25 150 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 5th day of March, A.D. 2019. 10 11 /s/DEBRA ELLEN GIFFORD Certified Shorthand Reporter 12 No. 953 Expiration Date 04/31/2021 13 * * * * * * 14 15 16 17 18 19 20 21 22 23 24 25