1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Regular Session 5 Monday, January 25, 2021 6 9:00 a.m. 7 Commissioners' Courtroom 8 Kerr County Courthouse 9 Kerrville, Texas 78028 10 11 12 13 14 15 16 17 18 19 20 21 22 23 PRESENT: ROB KELLY, Kerr County Judge HARLEY BELEW, Commissioner Precinct 1 24 TOM MOSER, Commissioner Precinct 2 JONATHAN LETZ, Commissioner Precinct 3 25 DON HARRIS, Commissioner Precinct 4 2 1 I-N-D-E-X 2 NO. PAGE 3 *** Visitor's Input. 9 4 *** Commissioner's Comments. 14 5 1.1 Consider, discuss and take appropriate 17 action regarding concerns about possible 6 impact the recently purchased county property on Spur 100 might have on the 7 Brown-Goss Cemetery. 8 1.2 Consider, discuss and take appropriate 22 action regarding 2020 Kerr County 9 Historical Commission Report. 10 1.3 Consider, discuss and take appropriate 30 action to authorize the Animal Services 11 Director to reduce the annual registration fee to one dollar during the Annual Rabies 12 Vaccination Clinics being held February 6- February 20, 2021. Also to advertise by 13 placing sign on courthouse grounds. Current fees are $5.00, neutered/spayed, and $10.00, 14 non-neutered/spayed. 15 1.4 Consider, discuss and take appropriate 32 action on a Resolution amending authorized 16 representatives on Kerr County's TexPool account, and allow County Judge sign same. 17 1.5 Consider, discuss and take appropriate 32 18 action on request to approve two Reserve Deputy Constable positions for Precinct 3 19 Constable's Office. 20 1.6 Consider, discuss and take appropriate 37 action to approve the Law Enforcement 21 Certifications and Assurances Form for the Victim Services VOCA, Victims of Crime 22 Act, grant, and allow the County Judge and County Sheriff to sign same. 23 1.7 Consider, discuss and take appropriate 38 24 action to approve the Resolution regarding the Crime Victims' Services Grant renewal 25 through the office of the Governor for the Victims' Rights Office. 3 1 I-N-D-E-X 2 NO. PAGE 3 1.8 Consider, discuss and take appropriate 40 action regarding the acceptance of a 4 donation by Rockoff Tree Solutions for trees for Flat Rock Park. 5 1.9 Discussion regarding a Town Hall Meeting 43 6 on West Texas Aggregate operations at the Hill Country Youth Exhibit Center, January 7 29, 2021, 5 p.m. 8 1.10 Consider, discuss and take appropriate 47 action to receive the first draft of the 9 salary study recommendations from Public Sector. 10 1.11 Consider, discuss and take appropriate 60 11 action to approve COVID vaccine Resolution. 12 1.14 Public hearing for a Revision of Plat for 76 Kerr Vista Ranch Section 4, Lots 15, 16 and 13 17, Block B, Volume 5, Page 237. 14 1.15 Public hearing for a Revision of Plat for 77 Spicer Ranch No. Three, Tract 151, Volume 3, 15 Page 85. 16 1.16 Consider, discuss and take appropriate 77 action for the Court to approve a Revision 17 of Plat for Spicer Ranch No. Three, Tract 151, Volume 3, Page 85. 18 1.17 Consider, discuss and take appropriate 78 19 action for the Court to waive platting oversight and approval to the City of 20 Kerrville for an amending plat for Las Colinas of Kerrville, Lots 5, 6, 11, 12, 21 58, and 59, Volume 8, Page 34. 22 23 24 25 4 1 I-N-D-E-X 2 NO. PAGE 3 1.18 Consider, discuss and take appropriate 79 action to release Letter of Credit No. 4 122108 in the amount of $929,878.15 issued by Security State Bank and Trust of Comfort 5 as a financial guarantee for the construction of privately maintained roads 6 and drainage improvements in the Hidden Springs Phase I subdivision, and acknowledge 7 completion of construction of the privately maintained roads and drainage in Hidden 8 Springs Phase I. 9 1.19 Consider, discuss and take appropriate 80 action to release Letter of Credit No. 10 122108 in the amount of $929,878.15 issued by Security State Bank and Trust of Comfort 11 as a financial guarantee for the construction of privately maintained roads 12 and drainage improvements in the Hidden Springs Phase II subdivision, and acknowledge 13 completion of construction of the privately maintained roads and drainage in Hidden 14 Springs Phase II. 15 1.20 Consider, discuss and take appropriate 84 action for the Court to select a bridge 16 alignment for the Witt Road Bridge reconstruction project. 17 1.21 Consider, discuss and take appropriate 92 18 action on an Order authorizing the issuance of Kerr County, Texas Tax Note, Series 2021, 19 securing the payment thereof by authorizing the levy of an annual ad valorem tax, and 20 approving and authorizing the execution of a Paying Agent/Registrar Agreement, a Purchase 21 Contract and Investment Letter, and all other instruments and procedures related thereto. 22 1.12 Consider, discuss and take appropriate 106 23 action regarding the 2021 engagement letter with Gabriel, Roeder, Smith & Company for 24 the 12/31/2020 OPEB valuation and GSAB 75 Valuation Report for fiscal years ending 25 2021 and 2022. 5 1 I-N-D-E-X 2 NO. PAGE 3 1.13 Consider, discuss and take appropriate 108 action regarding approval of the concept 4 plan and other related documents for Eden Farms, a multiuse condominium regime 5 development consisting of single family residences and RV lots in Center Point. 6 1.22 Consider, discuss, and take appropriate 206 7 action to approve contracts with Center Point Volunteer Fire Department and allow 8 County Judge to sign same. 9 1.23 Consider, discuss and take appropriate 206 action to approve bonds of all elected 10 officials and/or appointed officials whose bonds have not previously been approved by 11 Commissioners' Court. 12 1.24 Consider, discuss and take appropriate 206 action to accept Emergency Services 13 District #1, ESD #1, compilation report. 14 1.25 Consider, discuss and take appropriate 207 action to clarify Court Order 38538, 15 accepting the monthly reports at the January 11, 2021 meeting. 16 1.26 Consider, discuss and take appropriate 208 17 action to approve the environmental impairment liability renewal application 18 for a storage tank at 3766 State Highway 27 in Kerrville, and 3672 Highway 27 in 19 Ingram. 20 2.1 Pay Bills. 209 21 2.2 Budget Amendments. 209 22 2.3 Late Bills. 210 23 2.4 Auditor Reports. 210 24 2.5 Accept Monthly Reports. 211 25 2.6 Court Orders. 212 6 1 I-N-D-E-X 2 NO. PAGE 3 3.3 Status reports from Liaison Commissioners. 213 4 *** Adjournment. 214 5 *** Reporter's Certificate. 215 6 * * * * * * 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 7 1 JUDGE KELLY: (Gavel bang.) Good morning. 2 It is Monday, January the 25th, 2021, a few minutes 3 after 9 o'clock, and the Kerr County Commissioners' 4 Court is now in session. If you would, please rise for 5 the prayer. 6 (Prayer and Pledge of Allegiance.) 7 JUDGE KELLY: Please be seated. A couple of 8 general announcements to get us started this morning. 9 First of all, we do have a number of people that have 10 signed up to speak. I've got the -- they're all 11 registered here with the County Clerk. And I have your 12 names and we'll call them at the appropriate time. Some 13 of the people are asking to speak for specific items on 14 the agenda, and they will be invited to address the 15 Court at the time those agenda items are called. Some 16 are general input. 17 We'll have, I know, at least one or two 18 speakers for the general input, which will be at the 19 first. And I want to remind everybody that when we get 20 the input from the public, we as a Court are not allowed 21 to respond. We are there to hear what they have to say 22 to us. 23 So with that -- and for anybody that's out 24 in the hall, I've already spoken to the Sheriff, you can 25 wait upstairs in the interior courtroom upstairs where 8 1 this will be -- YouTube will be on the big screen in the 2 courtroom and you can come down when the item that you 3 want to speak is called. 4 So with that, I remind everybody to turn 5 your phones to vibrate or silent, and ask at this time, 6 I know there's some people out in the hallway, for 7 public input. 8 COMMISSIONER MOSER: Judge, do you want to 9 also remind everybody they can call in a certain number 10 if they want to? 11 JUDGE KELLY: Okay. I don't know what 12 number that is. 13 COMMISSIONER MOSER: Well, 792-6111, it's 14 what you normally -- 15 JUDGE KELLY: Well, my cell phone is 16 792-6161. 17 COMMISSIONER MOSER: Oh, okay. 18 JUDGE KELLY: And it's in my office, if you 19 want me to get it. 20 COMMISSIONER MOSER: Well, I don't know. 21 I'm just saying -- you usually say if people want to 22 call in and comment -- 23 JUDGE KELLY: Jody, are you out there? 24 MRS. GRINSTEAD: I'm getting it. 25 JUDGE KELLY: Okay. She's always in charge. 9 1 Always good. 2 So let me repeat the numbers so that you'll 3 know. It's my cell phone here that rings right here at 4 this bench and set it on ring so we can hear it. The 5 area code is 830-792-6161. And it is set to ring right 6 here. 7 COMMISSIONER MOSER: Good deal. 8 JUDGE KELLY: Okay. 9 MRS. STEBBINS: Would you like -- I know 10 there are a couple ladies out here who would like to 11 address the Court. 12 JUDGE KELLY: I believe they are Miss 13 Solomon and Miss Reed? 14 MRS. STEBBINS: Yes, sir. 15 MS. SOLOMON: Do you mind if I take my mask 16 off? 17 JUDGE KELLY: Go ahead. And let me tell 18 everybody, when you -- when you go to the podium to 19 speak, the rules do permit that you can remove your 20 mask. 21 MS. SOLOMON: Okay. Did not know that. 22 Thank you. 23 JUDGE KELLY: And I recognize you now. 24 MS. SOLOMON: Yes, sir. My name is Karla 25 Solomon. I am the Survivor Advocate and Outreach 10 1 Specialist for Mercy Gate Ministries. With me is Aubri 2 Reed, which is the Director -- or the Community 3 Specialist and Advocate for Mercy Gate. And also we 4 have Chae Spencer, which is the co-founder and executive 5 director. 6 JUDGE KELLY: I recognize her, too. 7 MS. SOLOMON: Mercy Gate Ministries exists 8 to care for survivors, victims and at-risk exploited 9 individuals. We provide educational resources for 10 prevention, identification, and restoration throughout 11 our community and schools. 12 Our advocacy services surround individuals 13 and families in crisis by providing hope and support 14 through a compassionate community. We offer a spectrum 15 of services, one of those being a 12-month residential 16 program. Magdalene House is, to our knowledge, the only 17 state approved home in our region where women who are 18 incarcerated can be approved by the board of parolees to 19 transition out of prison and into our care. 20 The Advocacy Resource Center, which is a 21 non-residential program under Mercy Gate, has the goal 22 to provide resources to individuals in the community 23 that are not residents. 24 We serve individuals who are survivors of 25 trafficking, prostitution, addiction and abuse. Our 11 1 programs offer a variety of curriculum, as well as 2 medical and psychological care on a case by case basis, 3 all provided in a compassionate and faith based 4 environment. 5 We are coming before you today to propose a 6 partnership. We are seeking to apply for the 7 governmental grant, the county innovations to address 8 commercial sexual exploitation. 9 The purpose of this proposal and partnership 10 is due to the fact that the application may only be 11 submitted by the Texas counties. This grant is an 12 effort by the Governor's office for innovative projects 13 that prevent, investigate and/or prosecute the 14 commercial sexual exploitation of the people in Texas. 15 The grant awards a minimum of $10,000.00, 16 with no maximum, and according to the requirements and 17 eligibility we qualify under the diversion and 18 innovative program portion for our County. We have a 19 grant writer who will assist in the completion of the 20 application and manage a 12-month commitment of the 21 grant. 22 Our hope is to be awarded this grant so we 23 may be recognized as court-appointed advocates for 24 individuals with drug and prostitution charges or those 25 on probation who may be considered at-risk for 12 1 exploitation. These individuals will be screened and 2 interviewed to enter our residential and/or 3 non-residential programs. We work with a defense 4 attorney here in town who is available to represent our 5 approved clients within the Court system. 6 Currently, we are advocating for two 7 individuals in the Kerr County Court system. One of our 8 residents has been referred to us from a local drug 9 court. Since her placement with us, she has been able 10 to continually phase up in the program and will begin 11 Christian Women's Job Corps next month. 12 Through our non-residential services we are 13 currently advocating for a 15-year old here in town who 14 is pregnant and in the State's care. Through our state 15 wide collaborative efforts and partnership, Mercy Gate 16 is recognized as a leading agency in our region in the 17 fight against trafficking. Some of our efforts have 18 resulted in the implementation of the Kerr County 19 Sheriff Coordination Team, with the child sex 20 trafficking team through the Governor -- the Office of 21 Governor Greg Abbott. 22 I personally serve as a council member of 23 the human trafficking survivor leader council, which 24 works on projects to assist the Governor's Office in the 25 fight against trafficking throughout the State. We are 13 1 also on the coordinating council for the Texas Human 2 Trafficking Provision Task Force. 3 We are available to continue conversations 4 and any other questions you may have regarding this. We 5 appreciate your time and consideration for this grant 6 opportunity. Thank you, guys. 7 JUDGE KELLY: Okay. Is there any other 8 presentation? 9 MS. SOLOMON: No. 10 JUDGE KELLY: I didn't think so. And you 11 went a little over the three minutes but I figured that 12 time would just be yielded by one of your partners 13 there. 14 MS. SOLOMON: I believe I was the only one 15 presenting for your guys today. 16 JUDGE KELLY: Okay. We can't give you any 17 input. We understand your request. If you would, check 18 back with my office at some point, and we'll put you in 19 touch with how to move forward with that. 20 MS. SOLOMON: Yes, sir. Thank you. 21 JUDGE KELLY: Thank you. Is there anyone 22 else who wants to make a presentation at the public 23 input portion of the meeting? I see Mr. Schulenberg out 24 there. Did he sign up to come in? 25 COMMISSIONER MOSER: I think he wants to 14 1 talk about COVID. 2 JUDGE KELLY: I understand. 3 SHERIFF LEITHA: 1.11 is what I think he 4 wanted to talk about. 5 JUDGE KELLY: Okay. Very good. There being 6 no other public input, let's move on to the next item on 7 the agenda which are the Commissioners' Comments. Let's 8 start with Precinct 1. 9 COMMISSIONER BELEW: I don't have a lot to 10 report. We had a lot of nice, slow rain. It's been 11 good. 12 JUDGE KELLY: Okay. 13 COMMISSIONER MOSER: There are three things 14 I want to talk about, but they're going to be in agenda 15 items. They have to do with economic development, with 16 the library, and with development. So those will all be 17 covered someplace else, so I'll just yield. 18 JUDGE KELLY: Okay. Precinct 3. 19 COMMISSIONER LETZ: Very good stock show 20 sale locally. There was 204 Kerr County kids sold their 21 animals. Don't know the total, but just appeared to me 22 while I was at the sale that somewhere in the 23 neighborhood of 4500, 5000, maybe even a little bit more 24 was the average the kids got, which is very -- seemed 25 very good. 15 1 And I really want to -- two entities that 2 again excel, Randy Olson through Tara B Ranch and the 3 Cailloux Foundation. They tend to -- I don't know how 4 much they spend, but most of those organizations spend a 5 lot and they pick up the tab on any kid that doesn't 6 have someone individually bidding for them. So a really 7 big thanks to Randy Olson and Tara B Ranch, and to the 8 Cailloux Foundation. They're huge supporters. 9 MRS. STEBBINS: They reported 1.1 million as 10 of the end of the sale night. 11 COMMISSIONER LETZ: 1.1 million. So that's 12 probably closer to 6,000 per -- or 5,500 per kid. 13 COMMISSIONER HARRIS: Yeah. We got, you 14 know, a little over 200 lots, I believe. So I'm just 15 going to echo what Commissioner Letz said, and also 16 Commissioner Belew. Nice slow rain, not a whole lot, 17 but at least a couple less dry days. We can still use a 18 little bit more. 19 As far as the stock show, you know, our kids 20 did well, and the community comes together for them. I 21 helped a good bit with the Ag Mech show, and it was 22 wonderful. Kids did well here. The County -- they 23 also went to the Grandstand, the District Replacement 24 Show in Fredericksburg, and I think the Ingram bunch won 25 a bunch of stuff over there. So really good to see the 16 1 kids perform well. And especially against the tougher 2 competition with all the other counties. So well done. 3 JUDGE KELLY: Good. I know on behalf of the 4 county as a whole, I want a shout out to -- about the 5 stock show. It was -- I want to especially recognize 6 the Stock Show Association. I have worked with these 7 people for the past several months diligently, trying to 8 keep that event as safe as possible. They have reduced 9 it down to a countywide event instead of the full 10 district event in order to reduce the size and not have 11 to get the Mass Gathering Permit. They required social 12 distancing and masks. 13 And if you -- for those of you that went, 14 that attended, you'll see that's probably the safest 15 large event that you've been to since COVID started. 16 And my hat is really off to Steve Bauer and the people 17 on the board. They bent over backwards to get this 18 done. 19 And also, appreciative of the district show 20 being moved to various different locations. What that 21 did is enable us to have the County show intact and have 22 the District Show in other locations so we didn't have 23 to get the Mass Gathering Permit and we didn't have 24 the -- the concentration of people showing up at one 25 place. So all in all, it's been a difficult year. But 17 1 there was a good response to it and I just wanted to tip 2 my hat to the Stock Show Association. 3 So with that, we're ready to start our 4 Consideration Agenda. Let's look at item 1.1 consider, 5 discuss and take appropriate action regarding concerns 6 about possible impact the recently purchased county 7 property on Spur 100 might have on the Brown-Goss 8 Cemetery. We've got Miss Barbara Goss Johnston and 9 Diane Meeker DeBarros. Did I say your names right? 10 MS. DEBARROS: (Shaking head in affirmative 11 manner.) 12 JUDGE KELLY: Good. Feel free to take your 13 mask off at the podium, if you'd like. 14 MS. DEBARROS: Okay, thank you. Thank you 15 for your time. My name is Diane Meeker DeBarros. My 16 mother worked here at the courthouse many years in the 17 clerk's office. I even worked here when I was in high 18 school so I feel like I'm coming back home. My father 19 worked for the County of Kerr also with the Health 20 Department back in the '60's, '70's and '80's. And so I 21 have strong connections to the County procedures here. 22 I am the granddaughter of Oliver Goss, who 23 is my connection to the Goss -- the Brown-Goss Cemetery. 24 We have back -- three and four generations back who are 25 members of the Goss Family, including Sara Jane Goss 18 1 Brown, who was married to Joshua Brown, who is the 2 founder of Kerr County. 3 And we are here because we want to make you 4 aware of the value of having the cemetery on Spur 100. 5 It is maintained by donations from family members. The 6 cemetery dates back to 1876 and it is one of the 7 historical sites in Kerr County that we feel needs to be 8 respected and cared for. It is adjacent to the Veterans 9 National Cemetery that's out by the VA Hospital. And 10 the land for the Veterans Hospital was donated by the 11 Brown-Goss Cemetery in honor of the veterans. The land 12 where it sits and the VA hospital area was land that had 13 been owned by Joshua Brown. 14 We have sent information to you that 15 probably makes you aware of some of the members of the 16 Goss/Brown families that are buried there. Joshua 17 Brown, of course, is buried there, as is Sara Jane Goss 18 Brown. 19 Spencer Goss is buried there. Spencer is 20 the main character of one of the stories in Kerr County 21 history that goes way back to when he was answering a 22 call for searching for some marauding Comanches, and 23 ended up with a rifle ball in his knee, walked almost 40 24 miles in 18 days. They'd been given up for dead and 25 appeared back in Kerr County finally after those length 19 1 of time and he was also buried there. He is the 2 grandfather of Hal Peterson. 3 One of our other family members that is 4 buried there that is notable in Kerr County history is 5 Reverend John Lee Goss. He was a circuit rider with the 6 Methodist Church and he has a commemorative marker that 7 is buried -- that is on his grave site out there. 8 We feel that we want to be good neighbors to 9 you and we would like for you to be respectful of the 10 cemetery and what it stands for in Kerr County history. 11 And as a result, we would like to make sure that we work 12 together to make sure that this respect is maintained. 13 And Barbara, if you'd like to take over? 14 MS. JOHNSTON: Hi, I'm Barbara Goss 15 Johnston. I'm a Goss. You don't remember my parents, 16 James and Doris Goss, I'm sure. But they were very 17 happy to be in the community. And I am the lineage of 18 Sara Jane, like she is, and my grandfather was -- our 19 grandfathers were brothers. 20 It is our understanding that the County of 21 Kerr has purchased the land adjacent to the cemetery, 22 both behind it and beside it. The purchased land is 23 also behind the National Veterans Cemetery. We're 24 requesting that the Kerr County officials be mindful of 25 the historic importance of the Brown-Goss Cemetery in 20 1 determining how your property will be used. 2 It is going to be used to park and store 3 construction possibly or equipment vehicles, and we ask 4 that you consider putting some sort of privacy fence, 5 that would conceal this equipment from view from the 6 cemetery out of respect of all its founders and our 7 heritage in our community. 8 We feel there's not a lot of places in 9 Kerrville that honors our heritage, and this is one 10 place that certainly does that. We've also been led to 11 believe that possibly an animal shelter might be built 12 on the property. We again request consideration of 13 privacy fencing if this or other structures are 14 constructed there, in addition to ensure that water 15 drainage be properly addressed. 16 Currently, there are no issues of water 17 drainage onto the cemetery property and we do not want 18 future problems that could affect our grave sites and 19 the maintenance of our property. We have family members 20 and friends that donate and that is -- it is a 21 non-profit organization and we really work -- take it 22 real seriously to respect our heritage. 23 COMMISSIONER MOSER: I think it's -- I 24 appreciate you being here. 25 MS. JOHNSTON: Thank you. 21 1 COMMISSIONER MOSER: And Spur 100 is 2 developing and the cemetery and veterans cemetery has 3 been there for a long time. So I would respect what 4 you're requesting, and I would make a motion that the 5 County, as part of the development of that property, 6 consider what you're requesting, and that is consider 7 the association, the proximity of those cemeteries to 8 that, so that we can -- can make both of these things 9 compatible. 10 So whether it's screening of, you know, 11 vegetation or something of that sort, not to commit to 12 it, but I just make a motion that we -- as we develop 13 that property, consider the fact that those cemeteries 14 are there and that the privacy of those should be 15 respected. 16 COMMISSIONER LETZ: I'll second that. I 17 agree. 18 JUDGE KELLY: So we have a motion made by 19 Commissioner Moser, seconded by Commissioner Letz to 20 take into consideration the existence of the cemeteries 21 and any development plans for the Spur 100 property 22 that's under contract. Is that what you're talking 23 about? 24 COMMISSIONER MOSER: Yep. Got it. 25 JUDGE KELLY: And with that, let me just say 22 1 that the capital improvement planning committee, the CIP 2 that we talked about, is extremely mindful. And we went 3 out and we walked every bit of that property not too 4 long ago, before we put it under contract to make sure 5 that we knew exactly how to deal with the cemeteries 6 that are there in a respectful and appropriate way. So 7 that is something that is at the forefront of 8 consideration from the CIP in developing that property. 9 So thank you very much. 10 MS. JOHNSTON: I think the community would 11 appreciate that too. 12 MS. DEBARROS: Yeah. 13 COMMISSIONER MOSER: Good. Thank you, 14 ladies. 15 JUDGE KELLY: There's a second on the floor. 16 Those in favor raise your hand. Unanimous, five zero. 17 Thank you. 18 Okay. Let's move on to item 1.2 consider, 19 discuss and take appropriate action regarding the 2020 20 Kerr County Historical Commission Report. 21 COMMISSIONER BELEW: All right. Julie 22 Leonard is not here or able to be here so she asked me 23 to read this into the record, and so I will hit the 24 highlights. It's kinda long. And then we have some 25 people to be confirmed for the Historical Commission. 23 1 She wants to thank everybody for valued 2 financial and in kind support over the last 45 years, 3 especially in the last difficult year. Kerr County 4 Historical Commission would not successful in their 5 mission without the Commissioner's help. That mission 6 is to protect, preserve, and promote Kerr County's 7 historic and cultural resources for the use, education, 8 enjoyment of present and future generations. 9 These purposes are distinctly different from 10 organizations or societies that focus on genealogy or 11 family history preservation. We are a unit of the Texas 12 Historical Commission and serve under the guidance of 13 the Kerr County Commissioners' Court. 14 We were one of 79 county historical 15 commissions out of 185 awarded the distinguished service 16 award. The award is based on a statewide analysis of 17 CHC annual report documentation. It was the 13th 18 consecutive year to receive the award. And currently, 19 they have 61 members that last year volunteered 1560 20 hours, even with the COVID shutdown. 21 Officers for 2020: Julie Leonard, Chair, 22 Charlie McIlvain, Vice Chair, Mary Lee Stewart, Second 23 Vice Chair, Leroy Schlechte, Secretary. Did I say his 24 name right? 25 COMMISSIONER LETZ: (Shaking head in 24 1 affirmative manner.) 2 COMMISSIONER BELEW: Okay. And Wilma 3 Teague, Treasurer. We are saddened by the loss of our 4 premier historian and friend, Mike Bowlin. He served 5 unselfishly for ten years. His knowledge of Kerr County 6 cannot be replaced. And I say amen to that. 7 There were only five general meetings. The 8 programs included Kerrville Mayor Bill Blackburn who 9 spoke about the City's efforts to preserve historical 10 specificity, and mentioned supporting the Heart of the 11 Hills Heritage Center. 12 Clifton Fifer sharing his history through 13 song and prose. Local Alamo historian and author, Bill 14 Groneman, who talked about how Davy Crockett died. 15 Dr. Donald Frazier, Director of the Texas Center at 16 Schreiner University spoke about their collections in 17 the November meeting, had members bring historical and 18 interesting artifacts from their personal collections. 19 Archeology, Terry Farley-Phyllis Shelton. 20 And Terry is Vice President of the Hill Country 21 Archeological Association, and is designated steward for 22 the Texas Historical Commission. There's an important 23 site located in Kerr County that's being researched and 24 documented now. 25 Archives, Louis Stephens. Kerr County has 25 1 an ongoing 1999 agreement with Schreiner University, the 2 William M. Logan Library special collections to store 3 oral histories, historical marker and national registry 4 information, Kerr history in newspapers and short 5 stories and photographs. Sixty plus books and pamphlets 6 portraying Kerr history. There's correspondence and 7 news articles about KCHC, local groups and projects and 8 preservation of Kerr County history. They're available 9 to the public by appointment at the Logan Library. 10 Louis adds all agendas and important items 11 to the KCHC courthouse computer. He organizes the 12 agenda minutes and committee reports for each meeting 13 and e-mails to members. He also makes hard copies 14 available for meetings. 15 The cemeteries, Terry Farley, Chair. And 16 Terry is working with the Texas Historical Commission 17 for the cemetery preservation program. You see how 18 important it is because we just heard from some folks 19 about it. 20 All right. We have some lost cemeteries in 21 Kerr County. Conn Cemetery, Blanks Cemetery, 22 Bishop-Surber Cemetery, Edmonds/Lane Valley # 2. 23 Photos, inscriptions, epitaphs and so on. 24 Kerrville Historic Map Project, downtown 25 historic building tour brochure, Linda Stone and Brenda 26 1 Williams have taken part in that. And that actually -- 2 they're developing a walking and driving map, both 3 physical and online, that can be accessed on your phone 4 to walking through the historical places. 5 Texas Treasurer Business Award given to 103 6 year old Garrett Insurance Company -- Agency. This 7 happened in December. The award is coordinated through 8 the THC and Texas Representative Andrew Murr and Senator 9 Dawn Buckingham's offices. 10 Historical markers, Jeannie Berger. There 11 are 87 historical markers throughout Kerr County. They 12 were all visited last year by Leroy Schlechte and 13 Jeannie, and the conditions of the markers were noted. 14 KCHC worked with Hunter Desaegher, Boy Scout 15 Troop 111. He restored 20 historical markers for his 16 Eagle Scout/Community Service Badge. 17 The Methodist Encampment Community 18 historical marker was dedicated November the 29th, 2020 19 with former Kerrville Mayor Jack Pratt officiating. 20 Three new Kerr County markers have been 21 approved by the Texas Historical Commission. 103 year 22 old Garrett Insurance Agency, founded in 1918, Live Oak 23 Ranch, Captain Charles Schreiner's original headquarters 24 for all his YO Ranches, and Glen Rest Cemetery. 25 Oral history projects. There were 118 27 1 recorded histories of notable Kerr County residents. 2 They're available at the Kerr Regional History Center 3 and Logan Library at the Schreiner University. Many are 4 accessible on the Portals to Texas website. North Texas 5 University Portals to Texas History website also. 6 Kerr County Historical Commission has 7 qualified for mini grants for the years 2014 through 8 2019 to add to the history of this site. Grants were 9 suspended last year. There are over 90 oral histories, 10 Kerr County album, books and much more Kerr County 11 information on that site. Many of the submissions have 12 not been added because of lack of digital transcribers. 13 The submissions to 2016 have been added. 14 Facebook Page, there are 790 subscribers. 15 Heart of the Hills Heritage Center, Toni Romero heading 16 it up. The HHHC is required by charter to have one Kerr 17 County Historical Commission Board Member. There are 18 six members on their board at this time. We support the 19 project enthusiastically. 20 In the uncertainty of the upcoming months, 21 we're hoping to have meetings. Many of our committees 22 can function without public meetings. The successful 23 summer history camp is on hold at this time. 24 Thank you again for your support for our 45, 25 soon to be 46, year old Kerr County Historical 28 1 Commission. Julie Leonard, Kerr County Historical 2 Commission. 3 And with this is a submission. The Kerr 4 County Historical Commission is recommending the 5 following become Kerr County Historical Commission 6 members. Because of the local COVID situation, none of 7 these proposed members will be attending. 8 Felicia Fisher and Charles Ray Dobbs, that's 9 Charlie Dobbs. Born and raised on a ranch in west Kerr 10 County. She's a descendent of Kerr County early settler 11 Casper Real, Christian Dietert and Schreiner Families. 12 Many of these families were here in 1857. 13 Felicia is a graduate of Tivy High School. 14 Charlie taught school at Tivy for 30 years and is a well 15 respected Tivy coach for football, basketball, track. 16 He served on the Vestry of Saint Peter's Episcopal 17 Church, and is very well appreciated and well known. 18 Daneshu Lee Clark graduated from Tivy High 19 School. She is a retired U.S. Navy Reserve, 23 years, a 20 Hill Country Naturalist member, and served as a 21 Director. She's also a member of Kerrville, 22 Fredericksburg and Boerne Art Leagues. 23 Dorsey Jack Reirdon is from Durant, 24 Oklahoma, and he graduated from Southeast Oklahoma State 25 with a masters in education, officiated track and field 29 1 events, including Texas relays, UIL state and regional 2 champions and so on. 3 Linda Jones Stephens, sister of Kerr County 4 Historical Commission member Brenda Williams. Linda is 5 a Tivy graduate, attended Texas State. She and her 6 former husband, the late Judge Spencer Brown, lived in 7 Houston for ten years. They have two children and great 8 memories of Kerrville. 9 Kathy Schu Switzer, or Switzer. Anybody 10 know Kathy? I apologize if I mispronounced it, Kathy. 11 Kathy has lived in Kerr County for 40 years. Her late 12 husband, Tarlton, family have been in Kerr County since 13 1912. She describes herself as an artist, 14 ex-veterinarian tech, dog groomer, horse and dog 15 trainer. 16 I hope all these outstanding men and women 17 will be accepted as Kerr County Historical Commission 18 members. Julie Leonard for the KCHC. 19 I move that we accept these new members. 20 COMMISSIONER LETZ: And the report. 21 COMMISSIONER BELEW: And the report as 22 presented. Thank you. 23 COMMISSIONER HARRIS: Second. 24 JUDGE KELLY: The report's on the agenda. 25 Approving the members is not. 30 1 COMMISSIONER BELEW: Okay. 2 JUDGE KELLY: So I don't know -- I don't 3 think there's any objection to any of these 4 Commissioners, but it's just not on the agenda. So we 5 need to accept the report. 6 COMMISSIONER BELEW: Okay. Let's accept the 7 report then. 8 JUDGE KELLY: We've got a motion made by 9 Commissioner Belew, seconded by Commissioner Harris to 10 accept the report. And we express our approval of the 11 suggested commissioners, and if we need to confirm them, 12 we certainly will. 13 COMMISSIONER BELEW: Okay. We'll add them 14 to the next agenda. 15 JUDGE KELLY: So with that, those in favor 16 raise your hand. Unanimous, five zero. Thank you. 17 Item 1.3 consider, discuss and take 18 appropriate action to authorize the Animal Services 19 Director to reduce the annual registration fee to one 20 dollar during the Annual Rabies Vaccination Clinics 21 being held February 6 through February 20 of this year. 22 Also to advertise by placing a sign on the courthouse 23 grounds with current -- current fees are $5.00 for 24 neutered/spayed and $10.00 for non-neutered/spayed. 25 MR. GIVENS: Good morning. 31 1 JUDGE KELLY: Thank you, Reagan. 2 MR. GIVENS: Well, this is our yearly 3 request to -- to lower the registration fee from the $5 4 for the neutered and spayed, and the $10 for the 5 non-neutered and spayed to one dollar for February 6th 6 through the 20th. 7 What that is, the local vets are all 8 participating in the rabies drive this year. It's my 9 understanding that they have reduced their cost to $10, 10 which is really -- that's their deal but our part of it 11 is the one dollar reduction. 12 Another point is this year because of COVID 13 there's not going to be any actual clinics held at the 14 fire stations like normal, like Turtle Creek and Center 15 Point. So you're going to have to call and make your 16 individual appointments with the vet this time. But 17 we're -- we just want to reduce it to a dollar. 18 And that also includes the sign that we put 19 up yearly that Maintenance helps us with that's put up 20 here on the courthouse lawn. 21 JUDGE KELLY: This is business as usual. 22 MR. GIVENS: Yes, sir. 23 COMMISSIONER HARRIS: I'll move for 24 approval. 25 COMMISSIONER BELEW: Second. 32 1 JUDGE KELLY: Motion made by Commissioner 2 Harris, seconded by Commissioner Belew to approve the 3 Animal Services Director reducing the annual rabies 4 vaccination fee for the clinics to be held February 6th 5 through 20. Any discussion? Those in favor raise your 6 hand. Unanimous, five zero. 7 Item 1.4 consider, discuss and take 8 appropriate action on a Resolution amending authorized 9 representatives on Kerr County's TexPool account, and 10 allow County Judge to sign same. Ms. Soldan. 11 MS. SOLDAN: Yes, sir. This is just adding 12 my new Chief Deputy to the list of authorized 13 representatives to do business with TexPool. 14 COMMISSIONER MOSER: So move. 15 COMMISSIONER BELEW: Second. 16 JUDGE KELLY: Okay. Motion's been made by 17 Commissioner Moser, seconded by Commissioner Belew. And 18 this, again, is business as usual? 19 MS. SOLDAN: Yes, sir. 20 JUDGE KELLY: Okay. Any discussion? Those 21 in favor raise your hand. Five zero. 22 MS. SOLDAN: Thank you. 23 JUDGE KELLY: Thank you. 24 COMMISSIONER BELEW: Thank you. 25 JUDGE KELLY: 1.5 consider, discuss and take 33 1 appropriate action on the request to approve two Reserve 2 Deputy Constable positions for Precinct 3 Constable's 3 Office. 4 CONSTABLE WILKE: Good morning, Judge. 5 JUDGE KELLY: Good morning, Ken. 6 CONSTABLE WILKE: Judge, I'd like for y'all 7 to hear and consider allowing me to hold two reserve 8 positions in the Constable's Office, and they would help 9 me monthly, probably two days a month is the norm for 10 reserves, and they would help with any emergency or 11 crisis or County need where officers are needed. They 12 would do it on a voluntary basis. And then, anything 13 that we're doing in the Constable's Office, they can 14 help out with that as well. 15 I don't believe there's any cost because 16 they already have the equipment. But there is one small 17 minor cost and that's a bond and I believe it's $50.00 18 each. So that would be the total expense to the County. 19 If y'all have questions? 20 COMMISSIONER MOSER: Ken, is there any 21 downside to this? 22 CONSTABLE WILKE: Only if, you know, they're 23 of no value. 24 COMMISSIONER MOSER: Insurance or -- or 25 liability? 34 1 CONSTABLE WILKE: Well, we -- we do have a 2 liability that we need to add them onto. Isn't that 3 right? 4 COMMISSIONER LETZ: It would be added onto 5 our -- and generally volunteers are under our workmans' 6 comp, I believe. 7 CONSTABLE WILKE: Yeah. 8 COMMISSIONER LETZ: So they're -- but 9 they're just added on and it's not going to be a -- 10 COMMISSIONER MOSER: But -- so it's small. 11 COMMISSIONER LETZ: Yeah. 12 COMMISSIONER MOSER: So how many -- how 13 many -- 14 COMMISSIONER LETZ: Two. 15 CONSTABLE WILKE: Two. 16 COMMISSIONER MOSER: Yeah. But I meant in 17 the entire County, how many do we have reserve deputies? 18 CONSTABLE WILKE: I don't know about the 19 other agencies. 20 COMMISSIONER MOSER: I mean, is there any 21 limit or any reason not to have a hundred of them or -- 22 JUDGE KELLY: Well, these -- these are 23 reserve for the Constable's Office. 24 COMMISSIONER MOSER: I understand. 25 COMMISSIONER LETZ: The Sheriff has some. 35 1 JUDGE KELLY: The Sheriff has some. 2 COMMISSIONER MOSER: Yeah. 3 CONSTABLE WILKE: Yeah. 4 COMMISSIONER MOSER: So do we have -- my 5 question is, do we -- is there any reason we shouldn't 6 just carte blanche say -- I don't have any issue with 7 it. I think it's a good idea, more reserves. But is 8 there -- 9 CONSTABLE WILKE: So, you guys know you have 10 to approve this and it's to prevent abuse of reserve 11 officers. 12 COMMISSIONER MOSER: Okay. Yeah. Well, 13 we've got four constables? 14 CONSTABLE WILKE: Yes. 15 COMMISSIONER MOSER: Do others have reserve 16 constables also? 17 CONSTABLE WILKE: That would be -- 18 COMMISSIONER LETZ: The Court has in the 19 past, I think, I'm not positive -- 20 JUDGE KELLY: I'm not sure we have any right 21 now though. 22 COMMISSIONER LETZ: But I mean we have -- I 23 think we have had -- other constables have had reserves. 24 COMMISSIONER MOSER: Okay. 25 COMMISSIONER LETZ: And certainly the 36 1 Sheriff does. I think it's a good program. I think 2 it's -- 3 COMMISSIONER MOSER: Yeah. 4 COMMISSIONER LETZ: -- a way to get 5 experienced people -- 6 COMMISSIONER MOSER: Sure. 7 COMMISSIONER LETZ: -- that volunteer to -- 8 COMMISSIONER MOSER: Like I say, the more 9 the merrier it sounds like. 10 COMMISSIONER LETZ: Right. 11 COMMISSIONER MOSER: Yeah. 12 COMMISSIONER LETZ: So I'll make a motion to 13 approve -- 14 CONSTABLE WILKE: It would help me also in 15 training other people or showing them what the 16 Constable's Office does in the -- 17 COMMISSIONER MOSER: Good. 18 CONSTABLE WILKE: -- future. If they wanted 19 to run for it, they could. But it's something to open 20 their eyes. 21 JUDGE KELLY: You're not running for 22 successor? 23 CONSTABLE WILKE: I'm not looking for a 24 successor at this time. As a matter of fact, I may run 25 again. 37 1 JUDGE KELLY: Well, we appreciate you 2 helping us out here. And I certainly approve this. 3 COMMISSIONER LETZ: I move for approval. 4 COMMISSIONER HARRIS: Second. 5 JUDGE KELLY: Okay. Motion's been made by 6 Commissioner Letz, seconded by Commissioner Harris to 7 approve the two reserve deputy constables for 8 Precinct 3. 9 CONSTABLE WILKE: Thank y'all very much. 10 JUDGE KELLY: Pardon. 11 CONSTABLE WILKE: Thank you. 12 JUDGE KELLY: Those in favor raise your 13 hand. Unanimous, five zero. 14 COMMISSIONER LETZ: Now you say thank you. 15 CONSTABLE WILKE: Thank you. I'll see you 16 later. 17 JUDGE KELLY: Item 1.6. I saw Miss Peter 18 out there. Consider, discuss and take appropriate 19 action to approve the Law Enforcement Certifications and 20 Assurances Form for the Victim Services VOCA grant, and 21 what that -- VOCA is Victims of Crime Act grant, and 22 allow the County Judge and the County Sheriff to sign 23 same. Miss Peter. 24 MRS. PETER: This is -- this particular one, 25 this is something that is done every year. It's 38 1 required by the grant. And it basically just says that 2 law enforcement agrees with the County, we're going to 3 work cooperatively to address the issues that crime 4 victims say. So it happens every year. It's part of 5 the grant. So I just need permission for the Judge and 6 the Sheriff to sign it. 7 JUDGE KELLY: Just business as usual, right? 8 MRS. PETER: It is business as usual. 9 JUDGE KELLY: Okay. 10 COMMISSIONER BELEW: I move for approval. 11 COMMISSIONER HARRIS: Second. 12 COMMISSIONER LETZ: Second. 13 JUDGE KELLY: Motion's been made by 14 Commissioner Belew, seconded by Commissioner Harris to 15 approve the Law Enforcement Certifications and 16 Assurances Form for the VOCA grant to be approved by the 17 Judge, being myself, and the Sheriff. Any discussion? 18 Those in favor raise your hand. Unanimous, five zero. 19 That was a close call. 20 Okay. Let's go to the next one you have on 21 the agenda, which is 1.7 consider, discuss and take 22 appropriate action to approve the Resolution regarding 23 the Crime Victims' Services Grant renewal through the 24 office of the Governor for the Victims' Rights Office. 25 Miss Peter. 39 1 MRS. PETER: So this Resolution allows the 2 Judge to -- basically you're approving that we're going 3 to do -- and again business as usual, we're going to 4 follow the grant, apply for it, and then allowing the 5 Judge to have the power to accept and act on behalf of 6 the -- of the Court, although we do come back with the 7 official submission and provide you a copy and all those 8 things as it goes along. But in the meantime, it allows 9 the Judge to be able to act as we need it, because there 10 are things that happen with the grant that he must be 11 able to -- he's the authorized official, so -- 12 COMMISSIONER HARRIS: I move for approval. 13 JUDGE KELLY: Again, business as usual, 14 right? 15 MRS. PETER: It is. It's exactly the same 16 except for it's a 2021. 17 JUDGE KELLY: And we've got a motion from 18 Commissioner Harris. I'll second it so we've got it 19 seconded. Any discussion? 20 COMMISSIONER LETZ: Question. My 21 recollection is -- I want to make it clear that the 22 grant for its acceptance comes back to the Court? 23 JUDGE KELLY: Absolutely. 24 MRS. PETER: It does. 25 COMMISSIONER LETZ: Okay. I mean, it 40 1 doesn't say that but I just want to make sure it does. 2 JUDGE KELLY: Well, for those of you that 3 don't see the e-mails that I get, and I have to ping 4 them out to Pam, I have to ping them out to Tanya or 5 Kelly, there's a whole lot of -- there are a whole lot 6 of intermediate steps that we go through to get to the 7 point where we actually get the final approval for the 8 grant. 9 COMMISSIONER LETZ: Right. 10 JUDGE KELLY: But this is just the approval 11 to get that process rolling. 12 MRS. PETER: The final is due mid February 13 and so you'll have a copy. Actually I'm already on the 14 agenda to make sure that before it goes to the final 15 submission that you have a copy of it -- 16 JUDGE KELLY: Okay. 17 MRS. PETER: -- to review. 18 COMMISSIONER LETZ: Sounds good. 19 MRS. PETER: Okay? 20 JUDGE KELLY: Okay. Those in favor raise 21 your hand. Unanimous, five zero. Thanks, Miss Peter. 22 MRS. PETER: Thank you, gentlemen. 23 JUDGE KELLY: Item 1.8 consider, discuss and 24 take appropriate action regarding the acceptance of a 25 donation by Rockoff Tree Solutions for trees for Flat 41 1 Rock Park. I see Mr. Evans out there, and Commissioner 2 Moser. 3 COMMISSIONER MOSER: Thank you, Judge. I 4 got a call from Karen Rockoff, wanted to donate ten 5 crepe myrtles and 15 other trees to Flat Rock Park. She 6 thought there was a void there, especially around the 7 playground equipment. So she submitted a -- a proposal 8 here to the Court, I think everybody has a copy of it in 9 there backup. But basically what it is, is it hasn't 10 been decided where this would be, so I would suggest 11 that Karen work with Shane to identify where this could 12 be done, to make sure that it's not in the floodplain, 13 or if it is in the floodplain, it's approved by the 14 Floodplain Administrator and come back to the Court with 15 a concept of where to plant them and you know -- Shane, 16 do you have any -- 17 MR. EVANS: No. But I will check. If 18 that's where she wants to put them is around the 19 playground, you know, and I'll find out if that -- if we 20 can do that with the floodplain manager. And some of 21 the -- she gave ten crape myrtles, 15 trees. They would 22 be Mexican Sycamore and cedar elm, bur oak and a pecan 23 tree. 24 COMMISSIONER HARRIS: Shane, I think you 25 probably need to put some cages around them and let them 42 1 get started. 2 MR. EVANS: Yes, sir. 3 COMMISSIONER MOSER: That's -- that's in the 4 proposal. 5 MR. EVANS: That's -- it's in the proposal. 6 JUDGE KELLY: It's got the fertilizer, it's 7 got the mulch, it's got the -- 8 COMMISSIONER HARRIS: Okay. 9 COMMISSIONER MOSER: So I would move for 10 approval for the donation of the trees, contingent on 11 approval with Shane on the placement of the trees. 12 COMMISSIONER BELEW: Second. 13 MR. EVANS: And I will report back as to 14 where they're going to go. 15 COMMISSIONER MOSER: Okay. That would be 16 good. But we'll -- we'll approve with your consent. 17 MR. EVANS: Yes, sir. 18 COMMISSIONER MOSER: Yeah. 19 JUDGE KELLY: Motion's been made by 20 Commissioner Moser, seconded by Commissioner Belew to 21 accept the donation of the trees from Rockoff Tree 22 Solutions for Flat Rock Park. Any other discussion? 23 COMMISSIONER LETZ: I'd like to thank Karen. 24 COMMISSIONER MOSER: Yep. 25 COMMISSIONER LETZ: She does a very good job 43 1 on her business and very generous donation. 2 JUDGE KELLY: I echo that. 3 COMMISSIONER MOSER: Yep. 4 JUDGE KELLY: So those in favor raise your 5 hand. Unanimous, five zero. 6 Item 1.9 discussion regarding a Town Hall 7 Meeting on West Texas Aggregate operations at the Hill 8 Country Youth Exhibit Center, January the 29th at 5 p.m. 9 Commissioner Moser. 10 COMMISSIONER MOSER: Judge, this is for 11 discussion, no action to be taken, just to remind the 12 public that -- that West Texas Aggregate has applied for 13 an air permit for a permanent rock crusher to be 14 installed at their new operation, which is basically 15 behind Fox Tank, between Fox Tank and the river across 16 from the airport. There will be a public hearing that 17 will be established by TCEQ. The public hearing; not a 18 public -- I mean a public meeting; not a public hearing, 19 at some point. This has been requested by Andrew Murr. 20 There's been a lot of concern about the 21 aggregate mining operation, as there have been on all of 22 them. About five years ago we did the same thing when 23 Martin Marietta, very close to the same location, 24 proposed an aggregate production operation there. We 25 had a Town Hall Meeting. I think we had a couple 44 1 hundred people there, and Judge, I think you were there. 2 The public Town Hall Meeting is for information 3 exchange. It's to hear the West Texas Aggregate 4 owner/operator explain what he's doing, how he's doing 5 it, what his plans are, so that the public can clearly 6 understand it. And then let the public voice their 7 concerns, opinions, recommendations, so that he can hear 8 them. So it's not any formal action, it's just a 9 information exchange. 10 As I said, this worked really well with 11 Martin Marietta when they did it before. They were 12 asked to put up additional berms, more berms, put hard 13 surface inside the operations so that the trucks didn't 14 carry mud and debris out onto the highway. They did 15 that. Martin Marietta did everything they said they 16 were going to. I think just it's of interest -- the 17 Martin Marietta operation trying to be a good neighbor, 18 and has been a good neighbor as far as I can tell. 19 They're adjacent to Guadalupe Heights. In the last two 20 or three years, I've heard zero complaints from any of 21 the neighbors in Guadalupe Heights, which said that the 22 dialogue between the two entities has been effective. 23 So that's what the purpose of this Town Hall 24 Meeting is, and just to make the public aware, it'll be 25 like the Judge said at 5:00 on Friday. It'll be at the 45 1 AG barn. Hill Country Youth Event Center, Happy Bank 2 Exposition Facility. And it will be -- we'll follow all 3 of the COVID guidelines and recommendations for masking, 4 equal distancing and so forth. So that's all I have. 5 JUDGE KELLY: Very good. 6 COMMISSIONER LETZ: Commissioner, in the 7 backup you -- there was a Resolution we did in 2016. 8 COMMISSIONER MOSER: Right. 9 COMMISSIONER LETZ: Do you intend to do 10 another Resolution? 11 COMMISSIONER MOSER: Well, if ten people 12 propose we do another Resolution, and thanks for 13 bringing that up, Jonathan, that Resolution was five 14 years ago almost to the date. And it said that we 15 recognize that they're there, there's not a lot we can 16 do, but we encourage reclamation of the properties and 17 for them to be a good neighbor. And I think I'm going 18 to -- well, what I'm going to do is wait until after 19 this Town Hall Meeting and see if that needs to be 20 modified or updated, so -- 21 COMMISSIONER LETZ: Another comment I'd 22 make. Representative Murr, I know, introduced 23 legislation at the last session and I think he intends 24 to again this session, to give some oversight into rock 25 quarries and some requirements. 46 1 COMMISSIONER MOSER: He's done it the last 2 two sessions, right. 3 COMMISSIONER LETZ: Yeah. And that -- 4 COMMISSIONER MOSER: So he'll do it again 5 this time. 6 COMMISSIONER LETZ: I just wanted to make 7 note of it. 8 JUDGE KELLY: And I supported him before and 9 I'm going to support him on that again. 10 COMMISSIONER MOSER: I testified at both of 11 those. I think I was the only one that testified in 12 favor of reclamation. And I might add that it never 13 gets out of subcommittee, so -- 14 COMMISSIONER LETZ: Well -- 15 COMMISSIONER MOSER: -- lots of lobbyists 16 don't want any control over this. 17 COMMISSIONER LETZ: I just wanted to note 18 that -- 19 COMMISSIONER MOSER: Right. 20 COMMISSIONER LETZ: -- Representative Murr 21 has been supportive of this issue and -- 22 COMMISSIONER MOSER: He sure has. 23 JUDGE KELLY: And we're supportive of him. 24 COMMISSIONER LETZ: Right. 25 COMMISSIONER MOSER: Okay. 47 1 JUDGE KELLY: Very good. 2 COMMISSIONER MOSER: Thank you. 3 JUDGE KELLY: Jennifer, I'm about to call 4 item 1.10, but I think Mr. Schulenberg wants to talk on 5 1.11. And if you would just step out and clarify that 6 with him? Because he actually signed up for 1.13 and I 7 think it's 1.11 he wants to talk about. 8 Okay, and I am going to go ahead and call 9 1.10, Miss Doss. Consider, discuss and take appropriate 10 action to receive the first draft of the salary study 11 recommendations from Public Sector. Jennifer Doss. 12 MRS. DOSS: The phone is ringing. 13 JUDGE KELLY: Hello. This is -- Kerr County 14 Commissioners' Court. This is Rob Kelly, the County 15 Judge. Can you hear me? 16 MR. HEINZ: Yes, I can. Good morning. How 17 are you all? 18 JUDGE KELLY: Good. And if you will speak 19 up, I think we -- I'm going to put this where I think -- 20 I'm not quite that long. I think we've got that where 21 you can be heard, if you would just speak up. And 22 you're -- please identify yourself and begin. This is 23 Sam -- 24 MRS. DOSS: Sam Heinz with Public Sector. 25 Hi, Sam. 48 1 MR. HEINZ: Hey, Jennifer. I think I can 2 hear everybody. It's a little faint and if I'm speaking 3 out of turn just let me know. But it sounds like you 4 guys are ready to hear an update. I think I've sent 5 over -- I sent over the PDF files. It's kind of a short 6 printout just to give a really brief summary of the work 7 that we've done up to this week. 8 Just as a reminder, we had kind of met in 9 Spring of 2020. You guys had contracted with us to 10 provide a classification and compensation study. With 11 COVID kind of coming out, we had pushed the study back 12 until December. We really began work on the project in 13 early September, and I just would kind of like to go 14 over the work that we have performed up to this date and 15 give you an idea of where we are at at this current 16 moment in time, and then see where we're going to go in 17 the future. 18 So the first study that we began was in the 19 job classification study. Job classification for us is 20 looking at a distinct number of levels and tech 21 positions that exist within the organization. 22 The tool that we use to learn about the 23 positions within the organization is called a position 24 analysis questionnaire. And that's the document that we 25 distributed to every employee within the organization. 49 1 To begin the classification study, the first 2 thing that we did was to hold kickoff meetings with the 3 department directors and elected officials. During 4 these meetings we discussed study goals, objectives and 5 the PAQ. 6 Shortly after holding the kickoff meeting, 7 the PAQ's were distributed to all employees within the 8 organization. They were given three weeks to complete 9 the PAQ. They took an hour to two hours of company time 10 to kind of tell us about what their job entailed, mainly 11 so we would know just by looking at the job title. 12 At the very end of the PAQs we came back to 13 the County. We have reviewed approximately 228 PAQ's. 14 That was about 78 percent participation rate from all 15 eligible employees. So that's actually a pretty good 16 completion rate. Anything kind of over 60, 70 percent 17 would be pretty good. 18 Some key findings from the classification 19 study, you guys have 292 employees working in 126 20 distinct occupational job classifications. So once we 21 had done our review of the position analysis 22 questionnaires and gave a list of recommended titles. 23 I think currently you guys have 139 working 24 job titles, so after the classification study we found 25 some opportunities to simplify the titles that were 50 1 needed and to make sure that they were being used 2 consistently and cohesively across departments within 3 the organization. 4 So you guys did lose a few job titles and 5 those, you know, job titles that are either being 6 deleted or kind of going away, they were maybe moved 7 into a new job title or given a title modification. Out 8 of those 292 employees that ended up with 126 9 occupational job classifications. 176 will retain their 10 current title, 93 employees are looking at a title 11 modification. So it's not necessarily being 12 reclassified to a new job class, but it's just kind of 13 cleaning up the titles. And then 23 employees will be 14 reclassified to a new or existing job classification. 15 So that could be an opportunity where -- 16 after reviewing the PAQ we said hey, let's make your job 17 titles that would necessarily correspond to it or align 18 with the job duties that you described to us in this 19 document, let's give you a new job title that reflects 20 that as you can see. 21 So that was kind of step one is learning 22 about the jobs to make sure that we knew what the 23 positions were before we went and looked for them out in 24 the marketplace. 25 So then most of the timelines for the 51 1 classification study kind of kicked off late September, 2 and that probably ran through early November. Around 3 early November, Jennifer and I started talking about we 4 wanted to include as the survey comparators, we also 5 sent out a request to the County Commissioners to kind 6 of get an idea of who you guys would like to see 7 included in the study. At the end of the day, we ended 8 up selecting 19 public sector comparator agencies to 9 include in the study. We also included private sector 10 data where available. 11 So the salary survey, again, is really just 12 a process by which an organization evaluates the average 13 rate of pay at the midpoint for job classifications in a 14 defined job market. So we show those 19 comparator 15 agencies. From there Public Sector solicits pay plans, 16 organizational charts, job description from the 17 comparator agencies. So it's a paid plan organizational 18 chart job description, and benefits information from the 19 comparator agencies. 20 Out of those 126 job classifications that we 21 had identified through the classification study, we were 22 able to benchmark 81 of those, so that's about 64 23 percent of all positions of the organization that we 24 were able to get survey data for. That's also a pretty 25 good rate. Usually we try and get 50 percent of all job 52 1 classifications. I wanted to try and gather as much 2 data as we could, so we were able to benchmark 81 where 3 we were able to get a good amount of data for those 4 jobs. 5 And we have a salary survey sheet for each 6 of these survey benchmarks. Some key findings on the 7 salary survey, on the whole, the County looks to be 8 okay, at a competitive rate or above market for the 9 majority of positions. Nine out of 81 of the benchmark 10 positions, which is 11 percent, we would classify as 11 being behind market, which is more than a negative five 12 percent behind the market midpoint. 13 23 out of 81 benchmark positions seem to be 14 within a competitive range, which we would define as 15 being a 10 plus or minus five percent of the market at 16 midpoint, and then 49 out of 81 benchmark positions are 17 above market midpoint, which we would define as greater 18 than five percent above market midpoint. 19 The next step, PSPC will make a range 20 recommendation for each occupational job classification 21 based on the survey data. Usually, it's kind of at this 22 juncture we would be making sure to take care of those 23 positions that are behind market to get them up. You 24 guys are in a little bit of a unique situation in that 25 you guys have quite a few positions that are already at 53 1 or above market. We're probably going to recommend that 2 you guys try to maintain the status quo for those 3 positions, but make sure that you guys focus your 4 attention and energy in getting those job 5 classifications that are behind back up to market. 6 We are also currently in the middle of a 7 benefit survey which we had agreed to do in exchange for 8 kind of moving some of the roll out stuff to a digital 9 version, so we have that nearly completed. On the 10 benefit survey, we are looking at the monthly dollar 11 contributions by the employee and by the employer toward 12 medical and dental premiums. We are looking at life 13 insurance offerings, retirement offerings, and then a 14 summary of vacation, sick leave and holiday policy. 15 So that's something that we have nearly 16 completed that we are going to be turning in to Jennifer 17 shortly. And then just to kind of close out the study, 18 we usually will be completing like a form or a report 19 that will outline kind of the process that we used, some 20 of the outcomes that we have achieved, and then some of 21 the recommendations that we would give to you all moving 22 forward to continue with your salary administration 23 practices. 24 So that's just kind of a quick update about 25 the work that we've completed up to this date. Again, 54 1 we did that classification study. It's already kind 2 of -- late September, ending early in mid November. 3 After that we began on the salary survey, solicited 4 information, 19 comparator agencies. 81 out of the 126 5 job classifications. 6 The majority of positions are above market, 7 but for those that are behind market, we're going to be 8 coming up with a plan to get those up. 9 COMMISSIONER MOSER: So repeat that last 10 thing you said. So you'll be -- you'll come up with a 11 plan then, is that what you just said? 12 MR. HEINZ: Sure. Can you repeat the 13 question? 14 COMMISSIONER MOSER: Yeah, I'm trying to 15 understand what you just said. You said you will come 16 up with a plan, this is regarding the salary survey? 17 MR. HEINZ: Yeah. Typically, at the end 18 we're going to be making like a range recommendation for 19 each job classification based on the survey data. 20 COMMISSIONER MOSER: Okay. 21 MR. HEINZ: Because you guys are so far 22 ahead on a lot of your positions, we're not going to 23 recommend that you guys like reduce the rates for those 24 jobs, but we're going to make sure that those ones that 25 are behind that they're put into an appropriate range. 55 1 COMMISSIONER MOSER: So you'll make a 2 recommendation on coming up, but not reducing? 3 MR. HEINZ: Yeah. So we can show you, like, 4 where the job is in relationship to the market. We want 5 to make a recommendation that you don't reduce anybody's 6 pay or that any job classification is moved behind. But 7 we want you guys to be aware that, I mean obviously, you 8 guys have some job classifications that, I mean, that 9 you guys are paying above market for. 10 COMMISSIONER MOSER: Yeah. Okay. 11 MR. HEINZ: And you guys can kind of afford 12 to maybe press pause on those while you address the ones 13 that are behind market. 14 COMMISSIONER MOSER: So this -- you will 15 come forward with this plan at some -- how are we going 16 to do that, Jennifer, some workshop or something like 17 that? 18 MRS. DOSS: Sam will just provide that -- 19 JUDGE KELLY: I think we'll put it on the 20 agenda. 21 COMMISSIONER MOSER: Okay. 22 JUDGE KELLY: In other words, he's presented 23 his initial work product to us. We have that in hand. 24 And what he's talking about doing is putting together a 25 more thorough plan with regard to the specific 56 1 recommendations, with regard to the response to the 2 salary study, and that'll be on a future Commissioners' 3 Court agenda. 4 COMMISSIONER MOSER: And those will be just 5 where we need to increase the salaries? 6 MRS. DOSS: Yes, sir. 7 COMMISSIONER MOSER: Okay. Next question 8 is, what -- when you -- there's a column you have and 9 it's called aged survey midpoint. What is aged? I 10 don't understand. 11 MR. HEINZ: So aged survey midpoint, 12 sometimes we make it a pay plan that is from like two 13 years prior, or like three years prior. So sometimes 14 this is included as a field in the study just in case 15 you guys ever wanted to like update in the future. To 16 say, you know, we don't want to do a full survey but we 17 know Boerne gave three percent to their employees. 18 That's like something that could be plugged in so that 19 you can, like, age some survey data. 20 Or you may say, you know, conservatively 21 speaking, you think everybody's going to get three 22 percent, what would that look like? How would that 23 affect our relationship to the market. 24 In this instance, obviously the pay plans 25 are gathered from this year, so there's not an aging 57 1 factor in any of the data right now. But it could be 2 something that you guys use in the future to -- to age 3 the data if you guys wanted to see, like, where the 4 market is now as opposed to when we do the survey. 5 COMMISSIONER MOSER: I still -- I still 6 don't understand -- 7 MR. HEINZ: We put that on there just in 8 case there was any aged survey data but in this instance 9 there wasn't any. 10 COMMISSIONER MOSER: I still don't 11 understand the term aged. 12 MR. HEINZ: So it would be like -- so we 13 gathered all of the pay plans that were issued say 14 1-2020. And we had a pay plan that was gathered like 15 10-1-2018, and we followed the data given like three 16 percent COLA, cost of living adjustment, we would age 17 that data. We'd add three percent. 18 COMMISSIONER MOSER: Oh, I see. Oh, I 19 gotcha. I see what you mean. Okay. So you just bring 20 it back to today's -- what you think it would be today. 21 Gotcha. Okay. Thank you. 22 One other question. To understand your aged 23 survey midpoint, will there been an opportunity to 24 understand where that data came from? Not necessarily 25 today, you've got too many things here. But we could do 58 1 that offline. Or I can, or -- 2 COMMISSIONER LETZ: Well, I think -- and 3 Jennifer may have the information. But if she doesn't, 4 Sam, I'd like to see the 19 agencies that you used to 5 come up -- 6 COMMISSIONER MOSER: Right. 7 COMMISSIONER LETZ: -- with the salary 8 comparison. 9 COMMISSIONER MOSER: Right. 10 MR. HEINZ: Sure. We can get together a 11 list of the agencies that we -- 12 COMMISSIONER LETZ: Now just the list of who 13 they are. Because that's one of the things that we're 14 going to be asked, I'm sure, is well who did you compare 15 us to exactly? 16 COMMISSIONER MOSER: Right. Yeah. Yeah. 17 Perfect. Yeah, I'd like to, you know, just get the 19 18 and then understand -- well, anyway. Sounds like we'll 19 get that. 20 MRS. DOSS: And I can tell you that the Kerr 21 County midpoint was just from our grade and step, that's 22 the average of Step 1 to Step 10. 23 COMMISSIONER MOSER: Okay. Gotcha. Good. 24 Okay. So we'll have the 19 sources of aged information, 25 and then there will be a plan on how to -- what we 59 1 should -- might do for increasing salaries. 2 MRS. DOSS: Correct. 3 COMMISSIONER MOSER: Gotcha. 4 COMMISSIONER LETZ: And then we're waiting 5 on the benefits comparison. 6 COMMISSIONER MOSER: Yeah, and the benefits. 7 All right. Okay. 8 JUDGE KELLY: Is there any action that we 9 need to take today? 10 MRS. DOSS: I think this is just 11 informational. 12 JUDGE KELLY: We're just receiving it? 13 MRS. DOSS: Yes, sir. 14 JUDGE KELLY: Okay. Well Sam, I want to 15 thank you for the fine work that you've done. Good 16 progress. And we look forward to your final product. 17 MR. HEINZ: Great. Yeah. Thank you guys 18 for being available. If you guys have any other 19 questions, let Jennifer know and we'll be in touch. I 20 mean we've been in touch a whole lot so I'm happy to 21 answer any questions if you guys have any that come 22 along. Just wanted to give the Court an update today 23 and let you guys know that we've made quite a bit of 24 progress. 25 And it appears that you guys are generally 60 1 in a pretty good position in relation to the market, and 2 then working with you guys in the upcoming future to 3 discuss some salary administration strategies and make 4 sure that those ones that are behind are brought up to 5 speed and then kind of considering what you guys want to 6 do going forward, so -- 7 JUDGE KELLY: Very good. We appreciate it. 8 Thank you, Sam. 9 MR. HEINZ: All right. Take care. 10 JUDGE KELLY: Yes, sir. 11 MRS. DOSS: Thank you, Sam. Bye. 12 JUDGE KELLY: Okay. Let me see if I can run 13 through a couple things quickly. I know we've got Mr. 14 Schulenberg here. Item 1.11 on the agenda is consider, 15 discuss and take appropriate action to approve COVID 16 vaccine resolution. And I know Mr. Schulenberg wanted 17 to speak on COVID. And I know you have a Resolution. 18 COMMISSIONER MOSER: Yes, I do. Let me -- 19 let me say something at the beginning of this, if I may. 20 I think we -- I think we -- I think 21 everybody in the County feels like, and including 22 members of the court, feels like the County is getting 23 the short end of the stick, okay -- 24 JUDGE KELLY: Amen. 25 COMMISSIONER MOSER: -- on this whole deal 61 1 of vaccine. I received an e-mail last night that showed 2 the vaccine distribution for the State, for this week, 3 Kerr County gets zero. 4 JUDGE KELLY: That's right. And that's 5 because those determinations are made on Thursdays. And 6 they're made by the 17-member committee that's set up by 7 the Governor through DSHS. And we didn't get the 8 information to file our application to be a -- to the 9 company vaccine hub in time to get it to them for last 10 Thursday's allocation. But it has since been filed. 11 After our Thursday -- we had a meeting Thursday 12 afternoon, we filed the application immediately that 13 afternoon. But that's what happened. Not happy about 14 it, but that's what happened. 15 COMMISSIONER LETZ: Well, back from there. 16 The State has changed the process mid range and didn't 17 notify everybody. So, I mean, it's like some entities, 18 mostly large cities, were notified of how to apply to be 19 a hub, but -- 20 COMMISSIONER MOSER: So they didn't notify 21 everybody how to be a hub? 22 JUDGE KELLY: No. 23 COMMISSIONER LETZ: No. 24 JUDGE KELLY: They did not. 25 COMMISSIONER MOSER: God. 62 1 JUDGE KELLY: So we -- 2 COMMISSIONER BELEW: And it jumped from 28 3 to a hundred and something, different places to go, so 4 that spread everything out with the available number of 5 doses, so -- 6 JUDGE KELLY: The leadership from the State 7 has not been equal. 8 COMMISSIONER BELEW: Right. 9 JUDGE KELLY: It has -- it has not been fair 10 and equitable. 11 COMMISSIONER MOSER: Well, I'll -- I'll -- 12 JUDGE KELLY: And -- and we're upset about 13 it. We're meeting again tomorrow afternoon or I think 14 maybe tomorrow morning, I forget what time they have it, 15 with Peterson and with the City. And quite frankly, 16 where we are as a community, from the County, the City, 17 the hospital, we're sick and tired of this and we're not 18 going to put up with it anymore. 19 COMMISSIONER MOSER: Well, I -- I drafted a 20 Resolution just to see if the Court would agree to the 21 Resolution saying we want the State to be fair to us. 22 So I'll read the Resolution in a minute but let me yield 23 to -- 24 JUDGE KELLY: Well, I'm trying to answer 25 this -- this -- I've got two letters from Mr. 63 1 Schulenberg on my desk right now -- 2 COMMISSIONER MOSER: Right. 3 JUDGE KELLY: -- that I need to respond to. 4 COMMISSIONER MOSER: And I -- I -- so we all 5 do. I've -- you've got a bunch of e-mails, I've got a 6 bunch of e-mails. Sure we've all gotten e-mails -- 7 COMMISSIONER HARRIS: And calls. 8 COMMISSIONER MOSER: -- which we won't all 9 read them today but -- anyway I'll come back to the 10 Resolution in a moment. 11 JUDGE KELLY: And we would like to hear from 12 you, Mr. Schulenberg. You've gone out of your way and 13 we are receptive. 14 MR. SCHULENBERG: Thank you. I understand 15 the frustration in not getting shots in Kerr County. I 16 have witnessed it, seen it. I got a particular axe to 17 grind and that's Kerr County is different. We've got 27 18 percent of our population is elderly, and CDC has 19 recommended two branches, State decided they only needed 20 one. 21 Lieutenant Governor Patrick last Friday 22 decided we oughta go back to two. And I think we need 23 three. Just because of our age distribution is far 24 greater than in Texas or nationwide. And I've stated on 25 a piece of paper there what I think those three branches 64 1 are. 2 By the way, I've got nothing against 3 60-year-old people. I've got three kids that are in 4 their sixties and I understand there's a generational 5 gap and that's what I'm trying to address right now. 6 But the older you get, the more infirm you get, and the 7 more -- the older you get also, the greater difficulty 8 you have in keeping up with -- with 65-year-old kids. 9 We don't have as many computers, we don't have as 10 much -- we don't have cell phones, a lot of us. I 11 don't. And your circle of friends, they tend to start 12 dying off faster than you can make new ones and so we 13 don't have the communication ability that a lot of 14 others have. 15 So I'm 90. I'm not concerned about me 16 because I'm in good health and I've also got my first 17 shot out at the VA a week ago so I -- I'm set. But I've 18 got a companion that's 89. She's got COPD. She's 19 probably got about one chance in four of dying if she 20 should get the disease and there's a lot of people in 21 that category in this County and I think that they 22 desperately need to be addressed. So I'm just hoping 23 that we'll find a way to deal with them and deal with 24 them at the earliest opportunity. Thank you. 25 COMMISSIONER LETZ: Thank you. 65 1 COMMISSIONER MOSER: The -- some other data 2 that I heard about. There was people in Kerr County 3 that are going to Gillespie County getting shots, going 4 to Uvalde and getting vaccines. 5 JUDGE KELLY: Kendall. Bexar. 6 COMMISSIONER MOSER: They hear about it by 7 different -- different ways, so you know it's -- it's -- 8 and I think everybody agrees unanimously that, you know, 9 Kerr County just is not treated fairly for -- for some 10 reason. 11 COMMISSIONER LETZ: I think another 12 important point, and I'm sure the Judge will correct me 13 if I'm not exactly right on my terminology. I know Dub 14 is not here. But for over ten years, we have been 15 designated as a mass vaccination site under the 16 Emergency Plans. 17 JUDGE KELLY: For the region. 18 COMMISSIONER LETZ: For the region. And -- 19 JUDGE KELLY: We are the -- 20 COMMISSIONER LETZ: -- and the State chose 21 not to use that process to do a mass vaccination. They 22 chose to go this hub route when they already had 23 information in hand that Kerr County was able and 24 willing and ready to do mass vaccinations. We can do -- 25 the hospital can do a thousand -- or set up, we can do a 66 1 thousand vaccines a day right now but we just don't have 2 it. And I don't know if they got any late last week but 3 as of last Thursday, Peterson Hospital has received no 4 vaccines other than their first allotment of 500 before 5 Christmas. 6 COMMISSIONER MOSER: Right. Right. The -- 7 JUDGE KELLY: They were in line to get their 8 second one. 9 COMMISSIONER LETZ: Yeah, they were supposed 10 to get a second batch. I'm not sure if it came in or 11 not. 12 COMMISSIONER MOSER: So in -- so for 13 clarification then, national news last Friday, I think 14 it was, Texas -- and it may be right, it may be 15 incorrect, but Texas had administered 35 percent of the 16 vaccines that it had received from the Federal 17 Government. 35 percent. Florida, 65 percent. You 18 know, somebody -- it's not just Kerr County is getting 19 the short end of the stick, it's -- the State is not 20 doing a good job. 21 COMMISSIONER HARRIS: Management. 22 Management. 23 JUDGE KELLY: Absolutely not. 24 COMMISSIONER MOSER: Right. Not doing a 25 good job. The -- it's just -- and so where does the 67 1 vaccine when it comes here, where does it come? Does it 2 come to the hospital? Does it come to HEB or -- 3 JUDGE KELLY: No, it goes to -- it goes to 4 the qualified and approved providers, which includes 5 Peterson, both HEB's, it includes Medical Arts, Family 6 Practice, and I think CVS and Walgreens. There may be 7 some more than that, but that's -- 8 COMMISSIONER MOSER: So should people call 9 each one of these five entities and say put me on your 10 list? Because I know that Dub said whenever we get 11 approval, all those that have registered with HEB are 12 going to be already approved. And now who knew to call 13 HEB? 14 COMMISSIONER BELEW: Well, he also said that 15 people that called -- 16 COMMISSIONER MOSER: Wait just a second. So 17 my question -- so who knew to call HEB? So just people 18 did it and they're going to be already registered? That 19 doesn't seem fair. 20 MR. SCHULENBERG: I knew to call. But it 21 doesn't do any good, because I tried. Ten days ago when 22 I started personally, HEB -- the big HEB had a list of 23 600 and they weren't taking anymore names. Small HEB 24 won't even take names. 25 COMMISSIONER MOSER: But -- but Dub said 68 1 those that have already registered with HEB, when we get 2 the vaccines, those people are already approved. 3 COMMISSIONER LETZ: They're on the list. 4 COMMISSIONER MOSER: Well, they're on the -- 5 but -- 6 JUDGE KELLY: And that -- that is -- that is 7 fluid also. Just so that you know, Dub met with us last 8 Thursday afternoon. And as we speak today, the call 9 center is open. 10 COMMISSIONER MOSER: But for information. 11 JUDGE KELLY: For information and to 12 coordinate these registrations. 13 COMMISSIONER MOSER: Oh. So -- 14 JUDGE KELLY: And when -- 15 MR. SCHULENBERG: But they're not taking 16 names. Every day we've tried. We -- I go to the 17 website and every day -- 18 JUDGE KELLY: Those are the providers. 19 We're talking about the County has put together a 20 central -- centralized call center -- 21 MR. SCHULENBERG: I'm sorry. 22 JUDGE KELLY: -- that's been manned by our -- 23 our citizens, our Community Emergency Response Team, 24 CERT team. And that's our volunteers. And they're open 25 from I think, what did he say, 8:30 to 4:30, Monday 69 1 through Friday, and that telephone number is if memory 2 serves me right, (830) 315-5900, 01, 02, 03 and 04. 3 Those are the numbers to call through the centralized 4 call center. 5 COMMISSIONER MOSER: But what does that -- 6 what does the call center do? 7 JUDGE KELLY: It's trying to coordinate to 8 get all this stuff organized because the State gives us 9 no leadership. 10 COMMISSIONER BELEW: Can I say something? 11 Dub mentioned while he was here last that people are 12 calling every one of those outlets and putting 13 themselves on the list. 14 JUDGE KELLY: Yeah. Right. 15 COMMISSIONER BELEW: Well, that means when 16 they do get a call from HEB, they're still on the list 17 at Walgreens and Peterson and wherever. That messes 18 things up, slows it down. It basically bumps somebody 19 off the other list. 20 So if we have it coordinated so that all of 21 those entities have a single list or at least you're -- 22 somebody's trying to figure out who, if Mr. Smith got it 23 and Mrs. Jones got it and -- and somebody else can come 24 in and get it, that's why we needed the centralized -- 25 COMMISSIONER MOSER: So let me understand. 70 1 If you call one of the five numbers the Judge just said, 2 your name gets put on a list. Is that correct or not? 3 JUDGE KELLY: I don't -- I'm not sure. 4 COMMISSIONER MOSER: I don't think that's 5 true. 6 JUDGE KELLY: Well, I think we need -- 7 COMMISSIONER MOSER: Go to Dub. He said all 8 it is -- let me finish. He said all it is, is 9 information, it is not to put your name on a list. 10 COMMISSIONER BELEW: Well, if so, then it's 11 changed because he stated in here last time he was 12 here -- 13 COMMISSIONER MOSER: Well, that's what he 14 said in the e-mail. 15 COMMISSIONER BELEW: -- that people were 16 getting on the list in different places. 17 COMMISSIONER MOSER: So what is it? 18 COMMISSIONER LETZ: My understanding is that 19 it's just information. They're not taking names. 20 COMMISSIONER MOSER: Right. 21 COMMISSIONER LETZ: If we get to be a hub, 22 which we hope and that will solve a lot of the -- 23 COMMISSIONER MOSER: Right. 24 COMMISSIONER LETZ: -- problems, then there 25 will be an online registration for the time slots. 71 1 COMMISSIONER MOSER: Okay. Okay. 2 COMMISSIONER LETZ: But right now they're 3 not -- that's not up because we don't have any vaccine. 4 COMMISSIONER MOSER: Well then, okay. So 5 they're not taking names the way I understood it, too. 6 Not putting on a list. It'll be done on the web or 7 whatever. But the people that have -- 600 at HEB are 8 already on the list, so unfair. 9 COMMISSIONER LETZ: And I don't know how the 10 entities -- I mean the -- I know, Medical Arts Pharmacy 11 has a long list. I think they all do -- 12 COMMISSIONER MOSER: Yeah. 13 COMMISSIONER LETZ: -- that took names. But 14 that's up to those private providers to figure out how 15 they're going to handle it when they get their vaccine. 16 You know, I mean -- 17 JUDGE KELLY: But the -- 18 COMMISSIONER LETZ: -- the government can't 19 step in and do that. 20 JUDGE KELLY: So that this Court understands 21 and the public understands what happened here. We 22 didn't get anymore vaccine after that first shipment. 23 So I started calling Andy Murr, our state 24 representative. Murr gets on the phone and calls DSHS 25 and says why isn't Kerr County getting anymore vaccine? 72 1 They said well, they're not a hub. And so Murr calls me 2 and says you need to apply to be a hub. What's a hub? 3 They didn't tell me about any hubs. Didn't tell us 4 anything. They didn't give us any guidance whatsoever. 5 COMMISSIONER BELEW: Right. 6 JUDGE KELLY: So they say you got to do 7 this. Well, we got it in. But we got it in on Thursday 8 afternoon and they had already made the decision that 9 morning. This committee is made up of 17 members, four 10 of which are elected officials, state representatives 11 and senators. And those people to me are fair game for 12 us to complain about not being treated equitably and 13 fairly in this situation. 14 I'm not trying to go after the doctors and 15 the other people that are serving on that committee. 16 They're all doing the best they can, I understand. But 17 those politicians need to be held accountable for these 18 unequal distribution of vaccines in this state. 19 COMMISSIONER BELEW: That's political. 20 JUDGE KELLY: Absolutely. 21 COMMISSIONER LETZ: And I believe that Dub 22 sent out the names in an e-mail, I know to members of 23 the court, and maybe it's going to be in the press 24 release, I'm not sure. It's two senators and two reps. 25 I know -- the only two names I remember off that list is 73 1 Eddie Lucio. 2 JUDGE KELLY: Yeah. 3 COMMISSIONER LETZ: He's a Senator or -- 4 he's a Rep, I believe. And Senator Kolkhorst is on the 5 list. The other two I don't remember off the top of my 6 head. 7 JUDGE KELLY: But to you, Mr. Schulenberg, 8 and to the public, we apologize. We are very unhappy 9 about this and we're doing everything we can. 10 MR. SCHULENBERG: I understand that. 11 JUDGE KELLY: And I'm just to the point I'm 12 ready to take my boot off and start pounding on the 13 pavement until we get vaccine. 14 COMMISSIONER HARRIS: It's just frustrating 15 all the way around for everybody. 16 COMMISSIONER MOSER: Well, with that I'd 17 like to propose a Resolution, make a motion. And I'm 18 going to read it. It's regarding the inadequate 19 supply -- I'm going to read that again. Regarding the 20 inadequate supply of COVID-19 vaccine for Kerr County. 21 Whereas, the COVID-19 pandemic has had a 22 devastating effect on Kerr County and much of the world; 23 and -- I'm going to quit saying whereas every time. 24 Vaccines have been developed in the United States and 25 have been proven to be effective; and the vaccines are 74 1 being rapidly distributed by the Federal Government to 2 individual states for distribution; and 3 Whereas, categories and priorities have been 4 suggested by Texas Department of State Health Services, 5 DSHS, for administering the vaccine according to 6 Category 1A, Category 1B -- Category 1A, health care 7 workers; Category 1B, people above 65 years and older, 8 people 16 of age and older with chronic medical 9 conditions, and essential non-healthcare workers, 10 whatever that is. 11 Whereas, it is reported approximately 50 12 percent of the vaccines provided to the state has been 13 administered -- well, that should be -- read 35 percent 14 rather than 50 percent. Kerr County has over 3,400 15 healthcare workers in Category 1A, a population with 30 16 percent of people 65 years of age and older, and a large 17 number of temporary winter residents from colder 18 climates that are here. 19 Kerr County has established the process, the 20 facilities, and the personnel for administering the 21 vaccines up to 800 to 1,000 people per day. Kerr County 22 has received only approximately one thousand vaccine 23 doses from the State. 24 Counties near Kerr County which received 25 enough vaccine dosages from the State of Texas to be 75 1 administered to cover all the people for category -- or 2 including Category 1B. And I've got a technical issue 3 here. Whereas counties near Kerr County -- and I repeat 4 myself there. 5 Therefore, be it resolved, Kerr County 6 Commissioners' Court does hereby request the State of 7 Texas Department of State Health Services, Senator Dawn 8 Buckingham, Senator -- State Representative Andrew Murr, 9 and other responsible state officials take the necessary 10 action to expeditiously provide the substantial increase 11 in COVID-19 vaccine dosages for Kerr County. So that's 12 my motion. 13 COMMISSIONER LETZ: Second. 14 JUDGE KELLY: Okay. Motion's been made by 15 Commissioner Moser, seconded by Commissioner Letz to 16 approve a Resolution regarding the inadequate supply of 17 COVID-19 vaccine for Kerr County. Any other discussion? 18 COMMISSIONER LETZ: To point one, Dub just 19 texted they are not taking names, just to clarify on the 20 calling in. They're not taking names. The only thing I 21 would add, I would recommend that this be sent to 22 Senator Buckingham and Representative Murr, and the four 23 members of the -- the four elected officials as well, 24 and authorize the County Judge to add a cover letter as 25 he feels appropriate. 76 1 COMMISSIONER MOSER: Perfect. Perfect. 2 JUDGE KELLY: Any other discussion? Those 3 in favor raise your hand. Unanimous, five zero. 4 COMMISSIONER MOSER: Good deal. Thank you. 5 MR. SCHULENBERG: Good luck to all of us. 6 COMMISSIONER LETZ: That's about all that we 7 can do. 8 JUDGE KELLY: Thank you for coming down. We 9 really appreciate you coming. 10 COMMISSIONER MOSER: Thanks, Ted. 11 JUDGE KELLY: Okay. It is 10:23. We're 12 going to take a ten-minute break. I know you're here. 13 We're going to take a ten-minute break, and then we'll 14 come back and at that time we'll take the 10:00 timed 15 items, and we have to do it because we're required to do 16 those first. Then we will take the 10:30 timed items, 17 then we will go back to item 1.12 and 1.13. 18 So with that, we'll stand in recess for ten 19 minutes. 20 (Recess.) 21 JUDGE KELLY: Court will come back to order. 22 I apologize for the delays. We have a couple of timed 23 items. The first one is -- at 10:00 is 1.14. It's a 24 public hearing for Revision of Plat for Kerr Vista Ranch 25 Section 4, Lots 15, 16 and 17. I'm looking for -- this 77 1 is a public meeting. 2 Is there anybody here that would like to 3 address the Court with regard to the public hearing on 4 the revision of plat for Kerr Vista Ranch, Section 4, 5 Lots 15, 16, and 17? Okay. There being none, that 6 meeting is adjourned. 7 At this time I'll call Item 1.15, which is a 8 public hearing for Revision of Plat for Spicer Ranch 9 No. Three, Tract 151. Court is now in session. Is 10 there anyone here that would like to make a presentation 11 for public hearing? There being none, then that meeting 12 is adjourned. 13 Let's move on to Item 1.16 consider, discuss 14 and take appropriate action for the Court to approve a 15 Revision of Plat for Spicer Ranch No. Three, Tract 151. 16 Charlie Hastings. 17 MR. HASTINGS: Thank you, Judge. This 18 proposal subdivides Spicer Ranch No. Three, Tract 151, 19 it's currently 11.58 acres, into two tracts and 20 dedicates the right-of-way along Harville Road. Tract 21 151A will be 10.29 acres and Tract 151B will be 1.02 22 acres. The property access and road frontage to both 23 lots will be on Harville Road. 24 We just had a public hearing on this, nobody 25 spoke. County Engineer requests that the Court approve 78 1 a Revision of Plat for Spicer Ranch No. Three, Tract 2 151, Volume 3, Page 85, Precinct 1. 3 COMMISSIONER LETZ: Move for approval. 4 COMMISSIONER MOSER: Second. 5 JUDGE KELLY: Okay. Motion's been made by 6 Commissioner Letz, seconded by Commissioner Moser to 7 approve the Revision of Plat to Spicer Ranch No. Three, 8 Tract 151. Any additional discussion? 9 JUDGE KELLY: Those in favor raise your 10 hand. Unanimous. 11 Item 1.17 consider, discuss and take 12 appropriate action for the Court to waive platting 13 oversight and approval to the City of Kerrville for an 14 amending plat for Las Colinas of Kerrville, Lots 5, 6, 15 11, 12, 58, and 59. Charlie Hastings. 16 MR. HASTINGS: Thank you. This proposal 17 combines six existing lots into two lots. Lots 5 and 6 18 will be combined into Lot 5R, 2.17 acres, with road 19 frontage on San Juan Mission and Las Rinconas. Lots 11, 20 12, 58, and 59 will be combined into Lot 12R, 56.49 21 acres, with road frontage on Espada Mission and San Juan 22 Mission. 23 These lots are located in Kerrville's ETJ 24 and would typically be platted through both the City of 25 Kerrville and Kerr County. This request is for the 79 1 Court to waive platting oversight and approval to the 2 City of Kerrville. Although platting oversight would be 3 waived, signature blocks for both the Kerr County 4 Floodplain Administrator and the OSSF designated 5 representative would be required. 6 And we do not maintain the roads that are 7 affected by this, so the County Engineer requests the 8 Court waive platting oversight and approval to the City 9 of Kerrville for amending plat for Las Colinas of 10 Kerrville, Lots 5, 6, 11, 12, 58 and 59, Volume 8, Page 11 34, Precinct 1. 12 COMMISSIONER BELEW: I move for approval. 13 COMMISSIONER LETZ: Second. 14 JUDGE KELLY: Motion's been made by 15 Commissioner Belew, seconded by Commissioner Letz to 16 approve waiving the platting oversight and approval to 17 the City of Kerrville for amending the plat of Las 18 Colinas, Lots 5, 6, 11, 12, 58 and 59. Any discussion? 19 Those in favor raise your hand. Unanimous, 5-0. 20 Item 1.18 consider, discuss and take 21 appropriate action to release Letter of Credit No. 22 122108 in the amount of $929,878.15 issued by Security 23 State Bank and Trust of Comfort as a financial guarantee 24 for the construction of privately maintained road and 25 drainage improvements in the Hidden Springs Phase I 80 1 subdivision, and acknowledge completion of construction 2 of the privately maintained roads and drainage in Hidden 3 Springs Phase I. Charlie Hastings. 4 MR. HASTINGS: Thank you. Both of the next 5 items, 118 and 119, are the same subdivision, two 6 different phases. And this Letter of Credit that we're 7 asking to be released covers both of them. So it's not 8 a typo in the minutes or anywhere else. I'll go ahead 9 and go through the items now. 10 JUDGE KELLY: If you'd like, I can go ahead 11 and call at the same time 1.19 because that's just for 12 Phase II, right? 13 MR. HASTINGS: Yes, it is. Yes. 14 JUDGE KELLY: Well, let me call it at the 15 same time and -- 16 MR. HASTINGS: Okay. 17 JUDGE KELLY: -- then you can do your 18 presentation. 19 We'll also call Item 1.19. Consider, 20 discuss and take appropriate action to release the 21 Letter of Credit No. 22108, in the amount of 22 $929,878.15, issued by Security State Bank and Trust of 23 Comfort as a financial guarantee for the construction of 24 privately maintained road and drainage improvements in 25 Hidden Springs Phase II subdivision, and acknowledge 81 1 completion of construction of the privately maintained 2 roads and drainage completion in Phase II. Charlie 3 Hastings. 4 MR. HASTINGS: Thank you. Hidden Springs 5 Phase I final plat was approved on May 29th, 2018 along 6 with the Letter of Credit No. 101208, in the amount of 7 $701,588.00, issued by Security State Bank and Trust of 8 Comfort, Texas as a financial guarantee for the 9 construction of roads and drainage. Said Letter of 10 Credit expired May 29th, 2019. 11 The developer authorized a new Letter of 12 Credit No. 114408 in the amount of $289,525.00 issued by 13 Security State Bank and Trust of Comfort, Texas as a 14 financial guarantee to complete construction. At the 15 time it was paving and vegetation was all they lacked. 16 A third and final Letter of Credit, No. 17 122108 in the amount of $929,878.15 was issued by 18 Security State Bank and Trust of Comfort, Texas as a 19 financial guarantee to complete unfinished construction, 20 paving and vegetation, for both Phases I and II 21 combined. Said Letter of Credit expires February 25th, 22 2021, which is next month. 23 Paving in Phase I of Hidden Springs consists 24 of a two-inch thick hot mix asphalt surface and concrete 25 ribbon curbing for the portions of Phase I that lie 82 1 within Kerr County, and includes the 0.4 miles of 2 Inspiration Loop North, 0.6 miles of Inspiration Loop 3 South, and 0.1 miles of Phlox Trail. This pavement 4 meets or exceeds Kerr County subdivision regulations; 5 however, per the plat these roads are privately 6 maintained. 7 In the fall of 2020, it was noted during 8 pavement inspections that some areas lacked full 9 pavement thickness, or the pavement was not properly 10 compacted, both of which could lead to water intrusion 11 and premature pavement failure. The developer's paving 12 contractor, Allen Keller Company, resolved these 13 concerns by repaving the thin areas with hot mix 14 followed by applying a surface treatment to all of the 15 pavement. They used the Ergon ONYX process, O-N-Y-X. 16 This method was approved by the developer and his third 17 party engineering consultant, Pavetex of Dripping 18 Springs, Texas. 19 Paving in Phase II of Hidden Springs 20 consists of a two-inch thick hot mix asphalt surface and 21 concrete ribbon curbing and includes Inspiration Loop 22 2.4 miles, Agrihood Drive 0.4 miles, Fig Leaf Court 0.1 23 mile, Nectar Court 0.1 miles, Flowering Sage Lane 0.4 24 miles, Crepe Myrtle Court 0.2 miles, Artesian Court 0.1 25 mile, Dahl Court 0.06 miles, Fern Ridge Court 0.1 miles, 83 1 and Lavender Court 0.08 miles. 2 Again, the same issues. Because they were 3 paving both Phases I and II at the same time, some of 4 those pavement failures were also in Phase II, and the 5 contractor corrected it. It has been approved by the 6 developer, it has been approved by his third party 7 engineer, which is Pavetex of Dripping Springs, Texas. 8 With that being said, County Engineer 9 requests that the Court release Letter of Credit No. 10 122108, in the amount of $929,878.15, issued by Security 11 State Bank and Trust of Comfort, Texas as a financial 12 guarantee for the construction of privately maintained 13 road and drainage improvements in the Hidden Springs 14 Phase I and Phase II subdivisions and acknowledge 15 completion of construction of the privately maintained 16 roads and drainage in Hidden Springs Phase 1 and Phase 17 II, Precinct 3. And that covers both items 1.17(sic) 18 and 1.18. 19 COMMISSIONER LETZ: Great looking 20 subdivision. Dale did a good job on this like he does 21 with all the subdivisions. So I'll move for approval of 22 both agenda items. 23 COMMISSIONER MOSER: Second. 24 JUDGE KELLY: Motion's been made by 25 Commissioner Letz, seconded by Commissioner Moser to 84 1 approve release of the Letter of Credit for -- 2 COMMISSIONER LETZ: Phase I and Phase II. 3 JUDGE KELLY: -- Phase I and Phase II of 4 Hidden Springs subdivision. Correct? 5 COMMISSIONER LETZ: Yeah, correct. And I 6 should say for the record it's Credit No. 122108 and 7 it's in the amount of $929,878.15. 8 JUDGE KELLY: And it's for Phase I and Phase 9 II? 10 COMMISSIONER LETZ: Yes, sir. 11 JUDGE KELLY: Okay. Any other discussion? 12 All in favor raise your hand. Unanimous, five oh. 13 Okay, the next timed item is Item 1.20 14 consider, discuss and take appropriate action for the 15 Court to select a bridge alignment for the Witt Road 16 Bridge reconstruction project. Charlie Hastings. 17 MR. HASTINGS: Thank you. In your packet 18 there is a picture, an aerial picture that really shows 19 it very well with road and bridge has cypress trees on 20 either side of the bridge. These cypress trees have 21 been there a little bit probably before the bridge was 22 built in 1950. They were much smaller back then. 23 So on November 25th, 2019 Kerr County 24 adopted a Resolution to perform an equivalent-match 25 project, which was the Fall Branch Creek Channel 85 1 Restoration under Camp Scenic Loop Road Bridge, in 2 return for a waiver of the local match fund 3 participation required on the approved federal 4 off-system bridge program, which we're talking about the 5 Witt Road Bridge reconstruction over Verde Creek. Our 6 local match requirement is $116,356.50. 7 Once the attached Advanced Funding 8 Agreement, that's in your packet, was executed, TxDOT 9 began engineering the bridge replacement. Two cypress 10 trees are in conflict with the existing bridge and will 11 likely die when the existing bridge is demolished. If 12 the new bridge is to remain in its current alignment, 13 engineering will be completed this summer for a fall 14 2021 bid letting. There are two bridge alignment 15 possibilities and three options for Court, as follows: 16 Option one, the new bridge remains in the 17 existing bridge alignment. The two conflicting cypress 18 trees will be removed. The project would be bid in the 19 fall of 2021. 20 Option two, the new bridge move downstream 21 from the existing bridge alignment. One downstream 22 cypress tree will be removed, one upstream cypress tree 23 will remain, but it is anticipated to die from 24 demolition of the existing bridge, thus posing a future 25 hazard to the new bridge. Additional right-of-way will 86 1 be required, delaying the project six months to a year. 2 All costs associated with right-of-way acquisition are 3 the responsibility of Kerr County per the Advanced 4 Funding Agreement. 5 Option three, abandon the bridge and the 6 project. Engineering costs to-date incurred by TxDOT 7 would need to be reimbursed by Kerr County up to 8 $129,285.00 per the Advanced Funding Agreement. The 9 bridge would need to be abandoned and removed from use 10 by either demolition, likely killing two cypress trees, 11 or physical barriers, such as steel bollards and 12 cul-de-sacs constructed so people can turn around, 13 unless a quarter of a mile away from Witt Road bridge is 14 abandoned with the bridge. So a quarter mile of the 15 road was abandoned with the bridge. 16 So those are the three options. We can 17 leave it in the same alignment. We can move the 18 alignment, it'll delay, it'll add some costs for 19 right-of-way acquisition. And in both of those 20 scenarios, you're probably going to lose both trees. 21 And then the third one is just -- just keep 22 using the bridge until we can't use it any longer and 23 then shut it off from everyone's use and if you have to 24 demolish the bridge then you might lose the trees from 25 demolishing the bridge. If you can find a way to 87 1 abandon the whole stretch of road, and of course, the 2 problem with that is we would have to reimburse TxDOT 3 back for their engineering costs, which is -- I think 4 they've said they have spent 60 to 70 percent of that 5 $129,285.00. 6 COMMISSIONER MOSER: So Charlie and I spent 7 a long time on looking at this bridge over, what, a 8 year, a year and a half, something like that. 9 MR. HASTINGS: Yes. 10 COMMISSIONER MOSER: Been out there with 11 TxDOT. We had a long meeting with them telecom the 12 other day going through this stuff. We had hoped to be 13 able to move the bridge downstream a bit, save -- it's a 14 six-foot diameter cypress tree at the base. So it's an 15 old tree. You hate to cut down a tree like that. But 16 to do that as Charlie said, it's going to delay the 17 project, plus we have to -- and we have to go through 18 all the environmental stuff to get another 15 or 20 feet 19 of right-of-way on the thing, re-engineer the bridge. 20 So came up with the option just ignore it, 21 abandon it. That's not a good thing because it's going 22 to cost us some high portion of our $129,000. So I'll 23 make the motion that we leave the bridge alignment as 24 planned, have the trees removed as part of the 25 construction, that'll be part of the costs, and let the 88 1 bridge be let for contract in the fall of 2021. 2 I've notified some of the property owners 3 around there that's probably what we were going to do. 4 They understood it. To abandon the bridge and divert 5 the road to the south, okay, and then tie into Highway 6 480 further down is not good because it's a sharp turn 7 and hay trailers and cattle trailers and things like 8 that can't make that turn. 9 So I'll make the motion that we leave the 10 plans as-is with the bridge alignment as designed and 11 let TxDOT proceed with their program to replace the 12 bridge. 13 COMMISSIONER HARRIS: Second. 14 JUDGE KELLY: Okay. Motion's been made by 15 Commissioner Moser, seconded by Commissioner Harris to 16 adopt -- I believe that's the first option? We're 17 leaving the bridge and we're removing the trees? 18 COMMISSIONER MOSER: Correct. 19 JUDGE KELLY: Any other discussion? 20 COMMISSIONER LETZ: Just a question -- 21 COMMISSIONER MOSER: Basically they said to 22 leave the alignment as planned. 23 JUDGE KELLY: Yeah. Option A. 24 COMMISSIONER MOSER: Yeah. 25 COMMISSIONER LETZ: The question I have, is 89 1 the right-of-way there a prescriptive easement or do we 2 have -- 3 MR. HASTINGS: Yes. 4 COMMISSIONER LETZ: It's prescriptive? 5 MR. HASTINGS: Yes. 6 COMMISSIONER LETZ: So technically the 7 County does not own those trees. 8 MR. HASTINGS: They're within the 9 prescriptive right-of-way and the fence line. 10 COMMISSIONER LETZ: I believe the 11 prescriptive right-of-way only comes with the road. Not 12 any land around there. 13 COMMISSIONER BELEW: I think that's right. 14 And my question is -- 15 COMMISSIONER LETZ: To finish. And the 16 reason is if we don't own the trees, we can't surplus 17 them. If we do own the trees, we can surplus them and 18 let someone maybe come out and use them at least for 19 lumber or something. 20 COMMISSIONER BELEW: Which is what I was 21 going to say. 22 COMMISSIONER LETZ: Yeah. But if -- but if 23 we don't own the trees -- 24 JUDGE KELLY: I think that's up to the 25 State. I think it's a legal question. I'm looking at 90 1 our County Attorney and our County Engineer. I know 2 that we have prescriptive easements for the roadway 3 surface. 4 COMMISSIONER LETZ: Right. And I think 5 that's all we have it for. 6 COMMISSIONER BELEW: I think so. Because I 7 ran into this where some trees were down and the County 8 came out and -- they wanted the County to cut them up. 9 The County just takes them off the road and that's it. 10 COMMISSIONER MOSER: They're probably in a 11 navigable stream also. 12 COMMISSIONER LETZ: Anyway, it's -- I think 13 we need to go forward with -- 14 JUDGE KELLY: We'll have to get the 15 landowners to agree with the Commissioners to take down 16 those trees. 17 COMMISSIONER HARRIS: All options it's a bad 18 day for cypress trees. 19 COMMISSIONER MOSER: It is. Right. Too 20 bad. 21 COMMISSIONER BELEW: And you said there's no 22 extra cost at all? No additional whatever? 23 COMMISSIONER MOSER: Well, we -- if we 24 abandon the current alignment and design work, we have 25 to reimburse the State. Right now we don't have to -- 91 1 we -- there's -- we didn't have to come -- the way we 2 came up, and I'll let Charlie talk about it. When we 3 came up with our fair share of the project was through 4 the work that we've done on other areas in the County. 5 COMMISSIONER BELEW: But that's a big job. 6 You're saying it's not going to cost anything to take 7 down two big cypress trees? 8 COMMISSIONER MOSER: I didn't say that at 9 all. 10 COMMISSIONER LETZ: TxDOT does. TxDOT pays 11 for it. 12 COMMISSIONER MOSER: TxDOT. 13 COMMISSIONER BELEW: Okay. That's -- that's 14 what I'm -- 15 COMMISSIONER MOSER: Yeah. TxDOT pays for 16 it. 17 COMMISSIONER BELEW: No -- no cost to us? 18 COMMISSIONER MOSER: Correct. Correct. 19 COMMISSIONER BELEW: We need somebody's 20 permission I think. 21 COMMISSIONER LETZ: And whether it's 22 prescriptive or not, I think we'll just let TxDOT deal 23 with the trees. 24 COMMISSIONER MOSER: That's it. Right 25 there. Right. 92 1 JUDGE KELLY: So we're just going to stay 2 with the plan. 3 COMMISSIONER LETZ: Yeah. 4 COMMISSIONER MOSER: That's it. 5 JUDGE KELLY: We're staying with the plan. 6 COMMISSIONER MOSER: Just stay with the 7 plan. 8 COMMISSIONER BELEW: Let them do the eminent 9 domain. 10 JUDGE KELLY: Any other discussion? Those 11 in favor raise your hand. Unanimous, five zero. 12 COMMISSIONER MOSER: Good. 13 JUDGE KELLY: Sorry we're losing the trees. 14 COMMISSIONER MOSER: Yep. Me too. 15 JUDGE KELLY: Okay. The last timed item we 16 have on the agenda today is on 1.21 consider, discuss 17 and take appropriate action on an Order authorizing the 18 issuance of Kerr County, Texas Tax Note, Series 2021, 19 securing the payment thereof by authorizing the levy of 20 an annual ad valorem tax, and approving and authorizing 21 the execution of a Paying Agent/Registrar Agreement, a 22 Purchase Contract and Investment Letter, and all other 23 instruments and procedures related thereto. 24 We have Dusty Traylor here with us today. 25 Y'all remember Dusty, he's been with us several times. 93 1 This is the tax anticipation notes that we talk about 2 that's purchasing the capital improvements to our 3 capital improvement plan. 4 I love telling this story, because I got a 5 call at 5:00 Friday from our County Auditor. And I was 6 sitting at home outside at a table with my two dogs. 7 And when you get a call from your County Auditor at 5:00 8 on a Friday, that usually doesn't bode well. I had no 9 idea what to expect, but it was all good news. And 10 Dusty is here today to deliver the news. 11 When we started this process, I'm going to 12 say, where we've come and Dusty is going to tell you 13 where we are. We anticipated that the cost to borrow 14 this money with the tax note, these would be seven-year 15 notes, was going to be somewhere between 1.25 and maybe 16 1.35 percent interest. And that's the way we proceeded 17 throughout our CIP process. 18 Well, I will tell you that I had a very good 19 conversation with our Auditor on Friday and Dusty 20 Traylor is here today to share the news with you. So if 21 you would, please. 22 MR. TRAYLOR: Thank you, Judge. 23 Commissioners. Again, Dusty Traylor, Managing Director 24 with RBC Capital Markets. We have the honor and 25 privilege of serving Kerr County as financial advisor. 94 1 And Judge, I would -- I would echo your remarks. I was 2 delighted to get -- to get these bids when we put these 3 bids out. We put these bids out earlier in January to 4 give banks an opportunity to evaluate credit and put out 5 their proposals for bids on the County's tax note. And 6 remember when we discussed, we discussed a making two 7 and a half million dollars available for local funds, 8 total tax note issue size is 2.545 million. 9 We received bids back total -- we have five 10 total bids back, five conforming bids. The lowest 11 interest cost bid that was received was from Security 12 State Bank and Trust, here locally, with a bid of .691 13 over the seven-year life. And that -- I want to point 14 out these are all fixed rates of interest. .691, their 15 bid would produce a project fund or available funds for 16 the County's projects totalling $2,499,400.00. Their 17 bid was non-callable, meaning there's no option to 18 refinance the notes early or to call the notes earlier 19 than their stated maturity, meaning using your local 20 funds to pay them off early or using other funds to 21 maybe extend the life, whatever may be for flexibility 22 option. 23 JUDGE KELLY: And just -- for me to flush 24 that out in my words, what that means is we'd be 25 borrowing that money for seven years, not any less than 95 1 that, for a full seven years, at less then one percent 2 interest. .691. 3 MR. TRAYLOR: That's correct. That's 4 correct. 5 JUDGE KELLY: And that's the Security State 6 Bank? 7 MR. TRAYLOR: Yes, sir. 8 JUDGE KELLY: And these are not callable? 9 MR. TRAYLOR: This particular bid is not 10 callable. 11 JUDGE KELLY: Okay. That's important to 12 listen to the things you're going to hear next. 13 MR. TRAYLOR: Then the next -- the next bid, 14 the next lowest bid we had was from Broadway Bank, .747. 15 Their bid actually provides for a full project deposit 16 of a full $2.5 million, and their notes are callable at 17 any time. And so that, again, gives you a little bit 18 more flexibility. 19 What we did here in our -- in the memo that 20 we prepared, we provided just a summary, a maturity 21 schedule debt service schedule for these two lowest cost 22 options for you and I've given you total debt service 23 for each. And basically what you see there is the 24 Security State Bank and Trust, their total debt service 25 would be about $2,615,040, which is about $6,500.00 less 96 1 over the life of the notes than the bid from Broadway 2 Bank. But again, Broadway's is -- is callable. And 3 also, just to -- to point out the other conforming bids 4 we received, 1.2 percent from BB&T, I think they call 5 themselves Truist now. Capital One, 1.25. And TIB, the 6 independent banker's bank, of 1.39 percent. 7 JUDGE KELLY: And so that the public 8 understands, and for those of us that work with numbers 9 and finance, we use terms like callable and we know what 10 that is, and when I was talking to Tanya on the phone 11 Friday, I went back over it to make sure that I wasn't 12 missing something. And -- and callable is where we get 13 to pay off early. So that's -- that's what we're losing 14 here is the option to give us to pay it off early, it 15 would be a full seven-year note if we went with 16 Security. If we go with Broadway, then we could pay it 17 off at any time. 18 MR. TRAYLOR: Correct. 19 JUDGE KELLY: Or certain times. 20 COMMISSIONER MOSER: We probably wouldn't 21 want to jump in paying off a seven-tenth of a percent 22 loan. 23 JUDGE KELLY: That's my understanding. 24 MR. TRAYLOR: Yeah. I -- I think that 25 that's a -- I mean -- 97 1 COMMISSIONER MOSER: Yeah. 2 MR. TRAYLOR: Agreed. 3 COMMISSIONER MOSER: I'm being facetious. 4 MR. TRAYLOR: Remember, we -- we refinanced 5 bonds earlier this -- 6 COMMISSIONER MOSER: Right. 7 MR. TRAYLOR: -- or late last year from a 8 little bit higher interest rate to a lower interest 9 rate. I don't foresee that we're going to take point 10 seven percent, and go to some materially lower interest 11 cost. I don't foresee that. 12 COMMISSIONER MOSER: We're going to have to 13 suck it up and know we're going to have to pay 14 seven-tenths of a percent interest. 15 MR. TRAYLOR: That's right. Now the -- the 16 only -- the only consideration that I would have the 17 Court just consider is if for some reason you ever 18 thought your -- your $371,000 per year -- 372 per year 19 average annual debt service, if for some reason you felt 20 like you needed to reduce that debt service, and by -- 21 to do that you would have to stretch out the life of the 22 notes, that would be the -- that would be the reason to 23 call it and basically refinance it to a longer term. 24 COMMISSIONER MOSER: Uh-huh. 25 MR. TRAYLOR: That -- that would be the 98 1 flexibility issue. 2 COMMISSIONER HARRIS: Well, just -- Dusty, 3 basically what the numbers -- or what's the -- what 4 would it cost us for that flexibility, between the 5 first -- the lowest and the second lowest? 6 MR. TRAYLOR: Again, the -- 7 COMMISSIONER HARRIS: How much is it? 8 MR. TRAYLOR: 6500 bucks. 9 COMMISSIONER HARRIS: 6500. That's for the 10 flexibility. 11 COMMISSIONER LETZ: How -- without the call 12 provision, and assume we do a bond issue, and then you 13 have to assume it passes in two years, will we -- how -- 14 or is there any negative impact to not being able to 15 roll this debt into that debt when we finance it? 16 MR. TRAYLOR: If the -- the -- the potential 17 negative is that you've got to maintain this annual debt 18 service payment, the $370,000 per year, given the 19 seven-year final maturity. If later on you decided with 20 that package you wanted to stretch out the term on this 21 project, maybe you drop that annual debt service 22 requirement to something below three hundred but you get 23 a little more flexibility. 24 COMMISSIONER LETZ: Right. But could you -- 25 if we did the -- a bond issue, presume it would be 20 99 1 years or 30 years -- 2 MR. TRAYLOR: Correct. 3 COMMISSIONER LETZ: -- on that bond, could 4 you structure that repayment -- 5 MR. TRAYLOR: You could structure the bond 6 repayment around this. 7 COMMISSIONER LETZ: Around this debt 8 service, so we don't have too much debt service in the 9 first couple of years of that new issue if that happens. 10 COMMISSIONER MOSER: Right. 11 MR. TRAYLOR: We could do that. That's 12 correct. 13 JUDGE KELLY: Great options to have. 14 MR. TRAYLOR: So it's -- they're -- they're 15 fantastic options. I -- I mean I kind of -- 16 JUDGE KELLY: It's .75 versus .7 rounded 17 off. 18 MR. TRAYLOR: That's right. That's right. 19 COMMISSIONER MOSER: Good. 20 MR. TRAYLOR: And so the -- the agenda item 21 gives you guys the authority to select which one of 22 these options, just -- you just need to read it into the 23 minutes and then Tom Spurgeon, Jay Juarez, your bond 24 attorneys, will prepare the documents accordingly. 25 COMMISSIONER LETZ: Do you have a strong 100 1 recommendation or any recommendation one way or the 2 other? 3 JUDGE KELLY: We'll never see money at this 4 rate ever again in our lifetime. 5 MR. TRAYLOR: You -- you won't. You won't 6 see money like this again. I don't think we will. I 7 mean, I -- I would have said that a year ago at the 1.25 8 and I did -- 9 COMMISSIONER MOSER: Right. 10 MR. TRAYLOR: -- and -- I mean, I did. 11 JUDGE KELLY: We did. 12 MR. TRAYLOR: That's right. Right. So I 13 think if you're looking for the absolute lowest cost 14 money, and you've got it with the .69, then you -- you 15 take that and -- 16 COMMISSIONER MOSER: There you go. 17 JUDGE KELLY: If we want the flexibility to 18 prepay the note -- 19 MR. TRAYLOR: Uh-huh. 20 JUDGE KELLY: -- then you take the Broadway 21 at .75. And I personally feel very strongly both ways. 22 I love this dilemma. 23 COMMISSIONER LETZ: And the only advantage I 24 see and -- and who knows what the future is going to 25 hold, but if we do do the bond issue and it passes, it 101 1 may be nice to have the flexibility -- 2 JUDGE KELLY: That's true. 3 COMMISSIONER LETZ: -- in the future. 4 JUDGE KELLY: And the way that would 5 translate, what Commissioner Letz is describing here, is 6 we basically have to refinance the dirt and rocks 7 underneath the buildings that we build. And that -- and 8 so that would be -- if you want to refinance the 9 building and the dirt and rocks, we need to have the 10 ability to call and pay off this note. 11 MR. TRAYLOR: That's right. 12 COMMISSIONER LETZ: And what -- if I'm right 13 in my quick analysis, Dusty, and correct me if I'm 14 wrong, so assuming that we issue an additional debt for 15 the construction of the buildings, and we have this debt 16 service -- so we have to push paying a little bit of the 17 front end cost further into the future, we would be 18 paying more interest on that larger sum for a longer 19 period of time. And that very well could be worth -- 20 cost more than $6500. 21 MR. TRAYLOR: That's true. You -- that's 22 true. And -- and potential pushing it into a higher -- 23 well, not only pushing it out further, but out further 24 in a higher interest rate environment. If rates end up 25 going up. 102 1 JUDGE KELLY: If -- if we had to give an 2 educated guess today, and I'm including you as part of 3 our team today -- 4 MR. TRAYLOR: Yes, sir. 5 JUDGE KELLY: -- do we think that the 6 interest rates are going to be higher then they are 7 today in two to three years? And I believe that they 8 will be. 9 COMMISSIONER MOSER: Yes. 10 COMMISSIONER LETZ: I believe they will be. 11 COMMISSIONER MOSER: Yes. 12 JUDGE KELLY: Walking in to a rate like this 13 is probably the best thing we can do. 14 COMMISSIONER MOSER: Agreed. 15 JUDGE KELLY: The question is which one? 16 COMMISSIONER LETZ: I would probably go with 17 the -- this isn't a motion, it's more discussion, to go 18 with the callable note because it gives us more 19 flexibility in the future and it may have an impact 20 financially if we do a bond package. 21 COMMISSIONER HARRIS: I agree. If we didn't 22 see that .69, we'd be jumping up and down with the other 23 one. 24 JUDGE KELLY: That's right. 25 MR. TRAYLOR: I will tell you, the bid 103 1 package that was put out for bidders to consider 2 contemplated callable -- it contemplated they would be 3 callable. 4 JUDGE KELLY: Let me ask you a question, 5 Dusty. 6 MR. TRAYLOR: Yes, sir. 7 JUDGE KELLY: Did Security State Bank give 8 us a bid on the callable note? 9 MR. TRAYLOR: They did, but it was -- it was 10 after the -- it was a full day after the bids were due. 11 JUDGE KELLY: I gotcha. 12 MR. TRAYLOR: We called them and asked them 13 to clarify, and they gave -- they came back and gave us 14 a bid on callable, but it was a full day after the bids 15 were due, and in our mind -- 16 JUDGE KELLY: Say no more. I understand. 17 We all understand how we have to do this work. 18 MR. TRAYLOR: Yep. 19 JUDGE KELLY: But I am extremely proud of 20 our local financial institution -- 21 MR. TRAYLOR: Agreed. 22 JUDGE KELLY: -- and their willingness the 23 partner with us in this endeavor. This is historic. 24 MR. TRAYLOR: Yeah. 25 JUDGE KELLY: So your motion is to go with 104 1 the .75 on callable notes? 2 COMMISSIONER LETZ: Yes. I'll make a motion 3 that we go with a callable note from Broadway Bank at 4 .747. 5 COMMISSIONER HARRIS: Second. 6 JUDGE KELLY: Motion's been made by 7 Commissioner Letz, seconded by Commissioner Harris to go 8 with the callable notes at Broadway Bank at .747 percent 9 interest. Any discussion? 10 COMMISSIONER LETZ: Just a comment. I can 11 go with the other one almost just as easily, but -- 12 COMMISSIONER MOSER: Right. 13 COMMISSIONER BELEW: Basically what this 14 means is we're paying $6,500 more for flexibility. 15 COMMISSIONER LETZ: Correct. 16 COMMISSIONER BELEW: That's what it means. 17 COMMISSIONER LETZ: Yeah. 18 MR. TRAYLOR: I will say this: Any normal 19 bond deal that you're doing, say it's a longer life bond 20 transaction, like if you were to go out and finance a 21 20-year bond program, there would be a ten-year call 22 feature in that. If you were to take out the ten-year 23 call feature of a normal life bond issue, the interest 24 cost would also be less, right? You always pay a little 25 bit for that flexibility. 105 1 COMMISSIONER MOSER: Sure. 2 MR. TRAYLOR: Just -- just the way it is. 3 COMMISSIONER MOSER: Uh-huh. 4 JUDGE KELLY: Okay. Any other comment or 5 discussion? Okay. Those in favor raise your hand. 6 Unanimous, five zero. 7 MR. TRAYLOR: Congratulations. 8 JUDGE KELLY: Thank you. 9 MR. TRAYLOR: And I would echo -- 10 COMMISSIONER MOSER: Thanks. 11 MR. TRAYLOR: -- I would echo your comments. 12 I was delighted to see the aggressive bids by some of 13 your local partners. 14 JUDGE KELLY: It would be -- if you could 15 have seen the concern on my face when I got the call. 16 My wife handed me the phone and says it's the Auditor. 17 Oh, no. 18 MR. TRAYLOR: But Judge, I -- I completely 19 understand. I wrestled with this all day Friday, so -- 20 COMMISSIONER BELEW: There is one other 21 question. We've got a while before we present this to 22 the voters so these -- these are locked in or -- 23 MR. TRAYLOR: These are locked in. 24 COMMISSIONER BELEW: Okay. 25 COMMISSIONER LETZ: These -- this won't go 106 1 to the voters. 2 COMMISSIONER MOSER: No. 3 COMMISSIONER LETZ: This is done -- only the 4 bond issue -- 5 COMMISSIONER BELEW: The bond issue will. 6 JUDGE KELLY: The bond issue will. 7 COMMISSIONER LETZ: Well, yeah. 8 COMMISSIONER BELEW: This would play into 9 it. 10 COMMISSIONER LETZ: Yeah. 11 MR. TRAYLOR: Right. 12 COMMISSIONER HARRIS: Okay. Thanks, Dusty. 13 MR. TRAYLOR: Thank you all very much. 14 COMMISSIONER MOSER: Appreciate it. 15 MR. TRAYLOR: It's great to see you all. 16 JUDGE KELLY: Okay. Those were the timed 17 items. And let me get one thing and we'll take a short 18 break before we begin our longer issue here. I'm going 19 to call 1.12, which is consider, discuss and take 20 appropriate action regarding the 2021 engagement letter 21 with Gabriel, Roeder, Smith & Company for the 12/31/2020 22 OPEB valuation and GSAB 75 Valuation Report for fiscal 23 years ending 2021 and 2022. Miss Shelton. 24 MRS. SHELTON: Yes. We have a master 25 agreement with Gabriel, Roeder, Smith and Company to 107 1 provide other post-employment benefits, which is your 2 OPEB actuary -- I can't stay the word now. 3 COMMISSIONER MOSER: Actuary. 4 COMMISSIONER LETZ: Actuary. 5 MRS. SHELTON: Thank you. Valuations and 6 report. And so, that one was signed in 2018 and it's up 7 in June of 2023. So this is an ongoing service. And so 8 they provide us with a new engagement letter every two 9 years. So this one is for $10,775.00. Last year we 10 paid $10,425.00. And I say last year, the last two 11 years. 12 We do this for audits. This is so that they 13 can place a value on the benefit we get for -- if you 14 retire in Kerr County at age 60, we pay a portion of the 15 health insurance. For five years we do ask that people 16 move to Medicare at age 65, but then we continue 17 supplementing the drug plan and also the supplemental 18 insurance. 19 COMMISSIONER BELEW: I move for approval. 20 COMMISSIONER LETZ: Second. 21 JUDGE KELLY: Motion's been made by 22 Commissioner Belew, seconded by Commissioner Letz to 23 approve the renewal of the engagement letter with 24 Gabriel, Roeder, Smith and Company for OPEB and GASB 25 valuation reports. Any discussion? Those in favor 108 1 raise your hand. Unanimous, five zero. 2 Okay. With that, we're going to move on. 3 The next item on the agenda will be -- I'm not calling 4 it yet, will be 1.13. We'll take about a five minute 5 break and let everybody get situated and we will begin 6 discussion on that. 7 (Recess.) 8 JUDGE KELLY: Court will come back to order. 9 The next item on the agenda is 1.13 consider, discuss 10 and take appropriate action regarding approval of the 11 concept plan and other related documents for Eden Farms, 12 a multiuse condominium regime development consisting of 13 single family residences and RV lots in Center Point. 14 Charlie Hastings. 15 COMMISSIONER MOSER: Let me start, Judge, if 16 I may. 17 JUDGE KELLY: Before we get into that. What 18 I'd really like to ask Charlie to do is to set the stage 19 for us so we know where we are in the development 20 process. 21 COMMISSIONER MOSER: That's exactly what I'm 22 going to do. 23 JUDGE KELLY: Well, I'd rather -- 24 COMMISSIONER MOSER: And I put together -- 25 JUDGE KELLY: -- I'd rather have the County 109 1 Engineer -- 2 COMMISSIONER MOSER: Charlie -- I mean 3 Judge, I put the agenda item on, if I may. I said Moser 4 and Hastings. I'd like to start, if I may. 5 JUDGE KELLY: Why? 6 COMMISSIONER MOSER: Because I'm going to 7 give you an overview of what we're going to talk about. 8 I had a Town Hall Meeting, which is not part of the 9 Engineer's responsibility. I want to report on that. 10 Also -- 11 JUDGE KELLY: Let me -- I'll let you report. 12 What I'm trying to find out now is we've got subdivision 13 rules -- 14 COMMISSIONER MOSER: Right. 15 JUDGE KELLY: -- and I don't know what the 16 current subdivision rules because I have not looked 17 through them on the website, and so I want to ask 18 Charlie where we are in the subdivision process. 19 COMMISSIONER MOSER: Okay. And that's going 20 to be part of the discussion, if I may. Okay. 21 Subdivision. 22 JUDGE KELLY: Well then we'll start asking 23 you questions. We're on subdivision rules. 24 COMMISSIONER MOSER: Okay. If I may just 25 tell you what the outline of the presentation is going 110 1 to be. Okay. So we could start with what the concept 2 with the proposed development is, okay, so everybody in 3 the public knows what it is, okay, for that reason. To 4 discuss what the schedule would be for the proposal. 5 And discuss how it applies to subdivision rules. Talk 6 about water availability, which is part of that. Talk 7 about storm water drain. Talk about the agreements with 8 Headwater Groundwater, with Aqua Texas, with Kendall 9 County, and then talk about condominium regime and 10 agreements associated with that. And what the concept 11 approval would be. 12 JUDGE KELLY: And what I want to know, to be 13 very clear, is we have a subdivision development 14 process. 15 COMMISSIONER MOSER: Right. 16 JUDGE KELLY: And we have rules. And we 17 revised those rules this past year, correct? 18 MR. HASTINGS: We've been working on 19 revisions, they have not been adopted yet. 20 JUDGE KELLY: Okay. We've been working on 21 revisions. 22 MR. HASTINGS: Yes, sir. 23 COMMISSIONER MOSER: Right. 24 JUDGE KELLY: We've already had a 25 manufactured home problem this year and we haven't 111 1 revised those rules yet, I don't think, have we? 2 MR. HASTINGS: Correct. 3 JUDGE KELLY: And so I'm just trying to get 4 our County Engineer to tell us where are we? This is a 5 subdivision opportunity. Right? 6 MR. HASTINGS: Yes, sir. 7 JUDGE KELLY: And so if we just got in a 8 jetliner at 35,000 feet, we're going to land this thing 9 and get down in the weeds. Okay. That's what this 10 thing is about, it's going into the specifics, the 11 details. Right? That's what you listed off, all those 12 details? 13 COMMISSIONER MOSER: Yeah. I want to get 14 through each one of these details in some orderly way. 15 JUDGE KELLY: Okay. I'm fine with that. 16 COMMISSIONER MOSER: Okay. 17 JUDGE KELLY: I want to find out where we 18 are with regard to subdivision rules. 19 COMMISSIONER MOSER: Okay. Subdivision 20 rules. 21 MR. HASTINGS: The Kerr County subdivision 22 regulations require that if you're going to develop a 23 condominium, you still follow the Subdivision 24 Regulations, including preparing a plat. So the things 25 that are going to need to be done, and then we will look 112 1 at our rules, and compare the two and make sure that 2 they're following our rules or the following: A plat 3 and construction plans. My understanding is they plan 4 on submitting a plat with construction plans. The 5 reason that they're here with the concept plan is to 6 make sure that they can move forward with that. 7 One of the things that we'll be looking at 8 is lot density commensurate with water availability. 9 Another thing would be sanitary sewer service, are they 10 going to use septic systems or are they going to use a 11 public facility, a public sewer system. Next would be 12 roads. The roads would need to be built to County 13 standards, whether they're private or public. And 14 drainage would need to be built to County standards, 15 whether public or private. 16 And there would also need to be compliance 17 with the floodplain regulations, if they apply, which my 18 understanding is when I looked at the floodplain 19 regulation map, there -- it's -- none of their 20 development is in the floodplain. 21 JUDGE KELLY: Okay. What I'm getting at, 22 Charlie, is we've got subdivision rules for normal 23 platted subdivisions, right? 24 MR. HASTINGS: Yes, sir. 25 JUDGE KELLY: And this is not a normal 113 1 platted subdivision. 2 MR. HASTINGS: But it will follow those 3 normal rules. 4 JUDGE KELLY: I understand. We're -- that's 5 what you're going to tie in to after discussion. 6 MR. HASTINGS: Yes, sir. 7 JUDGE KELLY: But that -- this is not a 8 regular traditional platted subdivision. 9 MR. HASTINGS: It's different because it's a 10 condominium. Yes, sir. 11 JUDGE KELLY: Right. Now, we went through 12 one here not long ago over manufactured housing out off 13 Highway 27. You remember that one? 14 MR. HASTINGS: Yes, sir. 15 JUDGE KELLY: And that comes under different 16 rules; is that right? 17 MR. HASTINGS: Yes, sir. 18 JUDGE KELLY: And that's because they're 19 manufactured housing, they're mobile homes? 20 MR. HASTINGS: Correct. 21 JUDGE KELLY: And there's a whole different 22 set of statutes that apply to that and rules that apply 23 to that? 24 MR. HASTINGS: Yes, sir. 25 JUDGE KELLY: And this is not that easy. 114 1 MR. HASTINGS: It is not. 2 JUDGE KELLY: So it's not a platted 3 subdivision, nor is it a mobile home or manufactured 4 housing subdivision? 5 MR. HASTINGS: Correct. 6 JUDGE KELLY: We have subdivision rules for 7 platted subdivisions, right? 8 MR. HASTINGS: Yes. 9 JUDGE KELLY: We have subdivision rules for 10 manufactured housing subdivisions, right? 11 MR. HASTINGS: Yes, sir. 12 JUDGE KELLY: And we -- we're working on 13 those, they're works in progress, right? 14 MR. HASTINGS: Yes, sir. 15 JUDGE KELLY: Okay. Now, what rules do we 16 have for condominium regime? 17 MR. HASTINGS: Our subdivision regulations. 18 JUDGE KELLY: Just -- just the subdivision 19 regulations? 20 MR. HASTINGS: Yes, sir. 21 JUDGE KELLY: So whatever is in the 22 subdivision regulations is applicable to whatever this 23 condominium regime -- 24 MR. HASTINGS: Yes, sir. 25 JUDGE KELLY: -- development is going to be? 115 1 COMMISSIONER MOSER: Uh-huh. 2 MR. HASTINGS: Yes, sir. 3 JUDGE KELLY: Okay. 4 COMMISSIONER MOSER: All right. 5 JUDGE KELLY: So that -- that sets the stage 6 of where we are and we're going to land the plane. 7 MR. HASTINGS: And I could add to that. 8 Similar when we did the mobile home regulations, there 9 is a statute in State Law that says thou shalt not 10 impose greater restrictions on a mobile home park than 11 you do to your normal subdivision regulations. It's the 12 same for condominiums. 13 JUDGE KELLY: I think it's very important 14 for everyone here, for people on TV watching YouTube, to 15 understand that whatever we do with regard to a 16 condominium development, or even a mobile home 17 development, a manufactured housing development, cannot 18 be anymore restrictive than our subdivision rules. 19 MR. HASTINGS: That's correct. 20 COMMISSIONER MOSER: Correct. 21 JUDGE KELLY: It can be less restrictive but 22 not more. 23 MR. HASTINGS: Correct. 24 JUDGE KELLY: Is that right? 25 MR. HASTINGS: Yes, sir. 116 1 JUDGE KELLY: Okay. Good. 2 COMMISSIONER MOSER: Okay. With the -- 3 beginning the public's input, we had a Town Hall Meeting 4 at Center Point auditorium last Friday. And we had -- 5 I think it was last Friday -- had approximately 75 6 people there. 7 JUDGE KELLY: It wasn't -- I don't think it 8 was Friday, was it? 9 COMMISSIONER BELEW: Wednesday. 10 COMMISSIONER MOSER: Wednesday. It was 11 Wednesday. Yeah, it was Wednesday. Excuse me. Next 12 Friday is the other Town Hall Meeting. 13 So anyhow, we had a Town Hall Meeting there. 14 We posted notices the meeting was -- where it was going 15 to be held. Approximately 75 people showed up. There 16 was a lot of discussions of what it is, what it isn't, 17 and what the lot size are going to be, etc., etc., etc. 18 So it was a good information interchange. 19 I think one thing that came out of the Town 20 Hall Meeting which was very important was drainage, 21 okay, number one. And you will see in the details here 22 the storm drain is planned in the proposed platting that 23 they have. There's an issue with the County, however, 24 and Charlie will talk a little about this, is when TxDOT 25 did all the drainage along Highway 27 between Center 117 1 Point and the airport, they took the water up to Highway 2 27. 3 JUDGE KELLY: Yeah, I remember that. 4 COMMISSIONER MOSER: There's one area that 5 is -- does not get the water from Highway 27 to the 6 river. And we've talked about that for the last several 7 years. To get the easement and to improve that drainage 8 is, as I recall something in the neighborhood of a 9 million dollars. Okay. 10 So this subdivision drain plan goes 11 consistent with getting the water to Highway 27. The 12 County needs to do its part in getting the water from 13 Highway 27 to the river. That was the big thing that 14 came out of the Town Hall Meeting last -- last 15 Wednesday. 16 And there was another discussion on fire 17 hydrants, which does not need -- is not a show stopper. 18 It's going to be fire hydrants that are in other areas 19 Aqua Texas provides the water for. Those were the two 20 big items. 21 Then there was discussion of what 22 condominium regimes mean, and I think we'll talk more 23 about that, but that sets the stage and that gave the 24 public input and I think we've got a lot of people here 25 that probably want to talk more about that today, too. 118 1 So with that, what I'd like to do is have 2 Brandon or the Engineer, and follow the outline of -- 3 here -- here's what it is, here's what we're going to 4 do, here's our plan and schedules, here's our 5 relationship with Aqua Texas, Headwater Groundwater, and 6 so forth. 7 COMMISSIONER LETZ: Just a quick comment. 8 Just -- is that -- just for the public really. If 9 somebody follows our rules, administratively we have to 10 approve it. We cannot -- because it's something 11 different, it's, you know, an area we don't like, 12 whatever like that, we can't make a decision on that. 13 Our vote has to be if they're complying with the rules 14 and regulations that -- that we have locally and, you 15 know, what we can do with the State rules as well. 16 COMMISSIONER MOSER: Right. 17 COMMISSIONER LETZ: It's an important point. 18 MR. NAMKEN: My name is Brandon Namken. I 19 was here a little over a week ago and presented this 20 initially. What I don't know is -- or do -- are we 21 using the IT stuff, the little map thing, or are we just 22 going to go with what you guys have in front of you? 23 COMMISSIONER BELEW: We've made no 24 provision. 25 MR. NAMKEN: Do you have -- 119 1 COMMISSIONER BELEW: Does that answer the 2 question? 3 COMMISSIONER MOSER: Do you have a handout? 4 MR. WELLBORN: Y'all have the -- you should 5 have received a map of it, 24 by 36 of the subdivision 6 map. 7 COMMISSIONER MOSER: Okay. That's it. Tell 8 us what to pull up here. 9 MR. NAMKEN: So if you would just pull out 10 your map and then what I'm going to do is just give an 11 overview of the wide -- what we're planning on 12 producing. 13 JUDGE KELLY: This one? 14 MR. NAMKEN: Yes, sir. Yes, sir. 15 COMMISSIONER BELEW: Is this going to be 16 different from what we've seen? 17 MR. NAMKEN: No. It's the same. So going 18 into this development, looking at the development and 19 the site to put a development on it, we started going 20 through the constraints on what it would take to develop 21 it. And given the subdivision requirements, the 22 development requirements that you were -- mentioned 23 before was going to be one of them. A couple items were 24 right-of-way width, lot frontage width, lot sizes, and 25 lot densities. 120 1 Another issue that we were going to have to 2 tackle was water and sewer control. Water usage and 3 connecting sewer to the plant there in Center Point that 4 you -- you guys have upgraded or in the process of 5 upgrading. 6 The last one was the development 7 substantiation. Basically, being able to control what 8 is being built within it. So when -- when we took all 9 of those items, we -- we really decided on doing a 10 condominium regime would be our best fit. It lets us 11 control on the inside, it lets us not necessarily make 12 the County have to rewrite their development standards 13 per se. It lets us have a little water and sewer 14 control through Aqua. And it lets us be very diligent 15 on the restrictions for the houses, what the common 16 areas look like. 17 And you know, one of the topics was 18 landscape watering, irrigation items like that, to where 19 we can actually put limitations where -- on the 20 individual houses we will put rainwater harvesting units 21 on each one of them for if they choose to have any 22 exterior water components. 23 You know, I think based off of that, we -- 24 we've tried -- didn't try to go through our density, 25 because obviously as a developer we have to make it 121 1 work. And given some of the infrastructure cost, given 2 the land cost, topography, things like that, we have to 3 obviously take our density, lay in drainage, that 4 usually typically adheres to existing topography. This 5 site works out well for that. Slopes in the right 6 direction that we need it to to where we can have a 7 large rainwater detention area. 8 We -- then you start looking into what the 9 end use is. And we -- we obviously knew that through 10 the City of Kerrville's comprehensive plan, workforce 11 housing was going to be a major need in this area so we 12 knew that we needed to try to adhere to a price range 13 between 200 and 300,000 and I think the -- Kerrville was 14 257, 227, somewhere in that range. So we added the 15 layer of RV lots in there just to try to create another 16 layer of affordability in there. But yet it would all 17 be restrained and restricted to by the condo regime. 18 The same restrictions that we're going to 19 put on the houses itself would be similarly overlaid to 20 the RV. Obviously the RV is a little different. We're 21 going to have to look at year, age, model, lengths 22 possibly, things like that. 23 You know, and then we have to go through and 24 talk about our construction plans. What kind of time 25 frame we would be on. And obviously, we have to get 122 1 approval with our concept first. And then we move 2 forward. We have a lot of data already calculated but 3 we just need to finish our engineering once the concept 4 plan is approved. And that will take into consideration 5 all of the actual water calculations for how water is -- 6 actually the acreage that the detention will take. 7 Sewer depths, water depths, things like that we have to 8 do for the overall development. 9 I'll get into -- I'll let Mike Wellborn get 10 into more of the engineering details with that. So as 11 overall when we start looking at that from when we're 12 trying to land the plane on the development, that's what 13 you said earlier, Judge, was that we -- the overall 14 development fits, we just had to kind of put it in kind 15 of some parameters that we could make it massagable into 16 place. And we feel like we've done that. 17 You know, a lot of the questions we've 18 received was, why a condo, things like that. And Tom 19 hit on it there, but I would love to get into more of 20 the technical data, the water, the sewer items, and then 21 I can be around to answer any further questions on our 22 level, if need be. But we can get into a little bit 23 more details with the engineering, if that's okay. 24 COMMISSIONER MOSER: And I think, Judge, 25 that the thing that probably a lot of discussion at the 123 1 Town Hall had to do with water, too. So we went through 2 that and I think they got more information here on water 3 plans, water availability, and ways to control the 4 amount of water that's being used. 5 And Charlie's done an independent assessment 6 of the water availability and the water plans and show 7 what the margin would be for different occupancies in 8 the homes. 9 MR. NAMKEN: One of the questions that came 10 out the last time we were in this room was how do we get 11 into a stage two restriction? And we've come up with a 12 plan to where we would limit RV rentals to where that 13 basically takes us off the total of usage by not letting 14 them be rented if we need to get into a stage two 15 restriction of water capacity. 16 So I'm going to turn it over to Mike 17 Wellborn and then -- 18 JUDGE KELLY: And before you do that -- 19 MR. HASTINGS: Yes, sir? 20 JUDGE KELLY: Look at the jet level. 21 Looking at 35,000 feet. How long have you been working 22 on this project? 23 MR. HASTINGS: Four months? 24 MR. NAMKEN: Yeah, about four months. 25 JUDGE KELLY: Okay. And during that four 124 1 months have you worked with the County throughout that 2 whole process? 3 MR. NAMKEN: Briefly, yes, sir. For about 4 the last month and a half to two months. 5 JUDGE KELLY: And -- and who did you work 6 within the County? 7 MR. NAMKEN: Tom Moser predominantly and 8 Charlie Hastings. 9 JUDGE KELLY: Okay. 10 COMMISSIONER MOSER: We -- we've met with -- 11 Charlie and I met with them probably three or four 12 months ago. 13 MR. NAMKEN: Yeah. 14 COMMISSIONER MOSER: We first -- first came 15 up with the idea. And since then, Charlie and I have 16 met with them several times and then we've had two 17 working group meetings with all the stakeholders 18 involved. So -- and that's been -- 19 MR. NAMKEN: Headwaters and -- 20 COMMISSIONER MOSER: -- within the last -- 21 last two months. Yeah. 22 MR. HASTINGS: Yes, sir. 23 COMMISSIONER MOSER: So it's been over about 24 a four-month period. 25 JUDGE KELLY: Okay. And so when we look at 125 1 the big picture plan here, okay, that's kind of what 2 you've outlined here. And we'll get down in the details 3 here in a minute. But the big picture plan is something 4 you've been working on for -- 5 MR. NAMKEN: About four months. Yes, sir. 6 JUDGE KELLY: And you understand that 7 myself, and at least two other commissioners in addition 8 to me, and the people standing outside, and the people 9 that are reading the newspapers and the people who are 10 trying to figure out what we're doing have known about 11 this for barely two weeks. 12 So the learning curve for us is a lot longer 13 than the learning curve for the ones that you've been 14 working with already, right? 15 MR. NAMKEN: Well, I feel like our learning 16 curve was to prove up when we knew that it was water 17 issues that we needed to go through and delve into that 18 and -- and that was what predominantly took the most -- 19 most time for us, is to calculate I think it was 12 20 different CCN's that Aqua currently manages. 21 So we had to -- it took a while to gather 22 all that data. And then, so we -- that's all the data 23 that took the time to gather so we could get to this 24 point. And then where we were accurate with how we were 25 going to divide up our density and move on from there. 126 1 So a lot of that time was, you know, the background 2 data. To get into it to where we were comfortable with 3 presenting it. 4 JUDGE KELLY: And we're not up to where 5 these other people are yet. You understand that? We're 6 not up to speed. We're -- we're running as fast as we 7 can trying to get there. 8 COMMISSIONER MOSER: Let me -- let me say 9 one other thing, too, if I may, Judge. Up until about a 10 month ago, we didn't know if this was a concept that was 11 even -- could even be brought to the Court. Because 12 there were a lot of things that didn't fit. Water 13 didn't fit. Sewer didn't fit. Roads were a question. 14 So if those things didn't -- if we didn't work through 15 those to determine the solution, we -- it wasn't even 16 going to come to Court for a concept request for 17 approval. Because it didn't -- it didn't meet muster. 18 So we looked through sewer, how are we going 19 to solve that. So we said aha, condominium regime could 20 do it. WCID said that's good, we'll do that. So we 21 checked that, okay. Concept is ready to move forward. 22 Water availability, an issue, okay. So we looked at 23 that to see if that -- if the water availability was 24 going to be there for the concept to even come forward. 25 Checked that. Finally. Okay. That's still a lot of 127 1 discussion to go in there. Water's a big thing. Road 2 and drainage were a couple of other things. 3 So until those things even were feasible, at 4 first they didn't even look feasible. And now it 5 continued over that four month period of feasibility 6 studies saying what potential solutions were to those 7 problems, then with those we said, okay, now it's ready 8 to come to the Court for present the concept in detail, 9 and that's where it was the other day and that's where 10 it is now. 11 JUDGE KELLY: Exactly. You finally got a 12 project that was ripe and ready to be considered. 13 COMMISSIONER MOSER: Right. 14 JUDGE KELLY: Isn't that correct? 15 MR. NAMKEN: Yes. 16 JUDGE KELLY: Okay. And so what we're 17 trying to do now is get everybody else that hasn't 18 gotten up to speed that hasn't worked on these problems, 19 comfortable with your concept plan. That's what we're 20 here to talk about today, right? 21 MR. NAMKEN: Yes, sir. 22 JUDGE KELLY: Now, when you were here two 23 weeks ago, the things that I remember that I had concern 24 about is we were talking about water, that was a big 25 concern. And I know Mr. Childs was here and he was 128 1 asking you all to come back and sit down and have an 2 appointment with him, and you all did set up that and I 3 guess we're going to hear more about that sometime 4 today. But water was an issue, right? 5 COMMISSIONER MOSER: Uh-huh. 6 MR. NAMKEN: Yes, sir. 7 JUDGE KELLY: And right-of-way was an issue, 8 wasn't it? 9 MR. NAMKEN: Uh-huh. 10 JUDGE KELLY: And lot frontage on -- on the 11 highway? 12 MR. NAMKEN: Yes, sir. 13 JUDGE KELLY: The roads was an issue? And 14 lot size, the density was an issue, right? Those were 15 the four big issues we talked about two weeks ago? 16 MR. NAMKEN: Yes, sir. 17 JUDGE KELLY: And then after the Town Hall 18 Meeting, we now could add drainage to that because we 19 got a million dollar drainage project we're going to 20 have to embark on in order to be able to accommodate 21 your subdivision, right? 22 COMMISSIONER MOSER: No. 23 JUDGE KELLY: So those are the issues. 24 MR. NAMKEN: Not to accommodate our 25 subdivision. 129 1 JUDGE KELLY: This is to accommodate the 2 drainage. 3 MR. NAMKEN: No. 4 COMMISSIONER LETZ: Accommodate Center 5 Point. 6 JUDGE KELLY: Center Point. 7 COMMISSIONER MOSER: Yeah. Accommodate 8 Center Point. 9 COMMISSIONER LETZ: Center Point. The 10 problem exists now. 11 COMMISSIONER MOSER: Right. 12 COMMISSIONER BELEW: They're going to have a 13 detention pond, right? 14 COMMISSIONER MOSER: Yeah. But we still 15 gotta get water to the river. And right now, if we had 16 the flood like we had in 2008, Center Point would flood 17 again right now. So the County needs to fix that 18 problem, whether the subdivision goes in or not. 19 COMMISSIONER BELEW: So my question is, is 20 the water detention they're going to do here, is that 21 related to the other project at all? To the -- 22 COMMISSIONER LETZ: No. 23 COMMISSIONER BELEW: -- to the flooding on 24 27 or is this another issue? 25 COMMISSIONER MOSER: It probably makes it 130 1 better. This would retain the water rather than rushing 2 down to Minimart. That's the right-of-way set where -- 3 which flooded before. So this would probably help that 4 problem. Okay. 5 COMMISSIONER LETZ: But the point is -- 6 COMMISSIONER BELEW: It's not going to 7 hinder it or make it worse, that's the main thing. 8 COMMISSIONER LETZ: Right. It's not going 9 to make it worse. 10 COMMISSIONER MOSER: Not going to make it 11 worse. 12 COMMISSIONER LETZ: And the property 13 owner -- 14 JUDGE KELLY: Okay. So we'll take -- let's 15 go back to -- 16 MR. NAMKEN: Well, drainage was a big 17 conversation that we had in the Town Hall too. And so 18 it -- the way the engineers -- and I'm getting into 19 their territory here, basically they look at what water 20 is coming in and then what water will produce, and we 21 have to retain that. And it has to be equal or less 22 than what it is existing. 23 COMMISSIONER MOSER: Right. 24 JUDGE KELLY: So that's in the subdivision 25 rules. 131 1 MR. NAMKEN: Yes, sir. Yes, sir. 2 JUDGE KELLY: Now, of the four things that 3 we were talking about, water was something that you were 4 going to take care of with Headwaters, right? 5 MR. NAMKEN: Uh-huh. Yes, sir. 6 JUDGE KELLY: We're going to hear that 7 report. Okay. But you were asking for waivers with 8 regard to the width of the right-of-way, a variance from 9 what's in our subdivision rules, right? 10 MR. NAMKEN: Uh-huh. Yes, sir. 11 JUDGE KELLY: And you were asking for a 12 variance with regard to the highway front, the lot 13 frontage on the road? 14 COMMISSIONER MOSER: Not the highway; just 15 the road -- 16 JUDGE KELLY: Interior. 17 MR. NAMKEN: The interior. Yes, sir. 18 COMMISSIONER MOSER: Interior, yeah. 19 JUDGE KELLY: But just so -- so that 20 everybody knows what we're dealing with here, 21 subdivision rules say that that right-of-way to your 22 subdivision should be 90 feet wide. 23 MR. NAMKEN: Based on the density. Yes, 24 sir. 25 JUDGE KELLY: And you were asking to get a 132 1 variance down to 60 feet? 2 MR. NAMKEN: 60 feet. 3 JUDGE KELLY: Okay. With regard to lot 4 frontage on your interior roads, subdivision rules say 5 it has to be 150 feet, right? 6 MR. NAMKEN: I think it's 150 to 200. 7 COMMISSIONER MOSER: It's 150. 8 JUDGE KELLY: And you were asking to reduce 9 it down to 75? 10 MR. NAMKEN: 75. Yes, sir. 11 JUDGE KELLY: And then with regard to lot 12 density, the subdivision rules say two acre minimum, 13 right? 14 COMMISSIONER MOSER: That's based on water. 15 MR. NAMKEN: Acreage divided by about two. 16 JUDGE KELLY: Acreage divided by two. 17 MR. NAMKEN: Based on the water. 18 JUDGE KELLY: And you wanted to move it from 19 two acres down to a quarter acre? 20 MR. NAMKEN: Half acre. 21 JUDGE KELLY: Half acre? 22 COMMISSIONER LETZ: There's a point on that, 23 Judge, if I may clarify. We have two -- water 24 availability is very complicated. If you're less than 25 five acres, you go under the State model rules. They 133 1 trump our rules. The water availability, what they're 2 doing under the model rules, all they need is a letter 3 from the water provider saying that they have the water. 4 The density -- I'm just -- you get into a very gray area 5 whether that density number applies or doesn't apply 6 because that density number came out from water 7 availability and the model rules don't talk anything 8 about that. So we have, in my mind, conflicting rules 9 when it comes to water availability. 10 COMMISSIONER MOSER: It's called an -- 11 JUDGE KELLY: We're talking about lot size 12 right now. 13 COMMISSIONER LETZ: The Counties have no 14 authority to regulate lot size, period. We can only get 15 there through water availability. 16 COMMISSIONER BELEW: Right. 17 COMMISSIONER LETZ: So that's why it 18 becomes -- it's very difficult to wrap your head around 19 it and to -- and figure out how you interpret the rule. 20 And I'll refer to the County Attorney later. There's 21 nothing in Section 232 that -- where any County can 22 regulate by lot size. You can regulate by OSSF. And if 23 you're in priority groundwater management area, like we 24 are, you can use -- well, many counties in that priority 25 groundwater management area think we can use water 134 1 availability. I'm not sure that's been ever litigated. 2 COMMISSIONER BELEW: But that's well water 3 stuff and then you get into a provider and that changes 4 it again. 5 COMMISSIONER MOSER: No, that's well water 6 also. 7 COMMISSIONER LETZ: It's still well water -- 8 COMMISSIONER BELEW: What I'm talking about 9 is when -- when you have your lot size per well, and 10 then that changes, you can have a smaller lot size, if 11 you have water availability from someplace else. 12 COMMISSIONER MOSER: Yeah. 13 MR. NAMKEN: Correct. You're talking about 14 if you're drilling a well on your -- 15 COMMISSIONER BELEW: I shouldn't have just 16 said well because it could be well water, but somebody 17 has to be a provider. And it has to be for 30 years. 18 COMMISSIONER LETZ: Right. 19 COMMISSIONER BELEW: Yeah. 20 MR. NAMKEN: Well, I'll turn it over for 21 some technical data if y'all are ready for that. 22 COMMISSIONER HARRIS: One quick question. 23 MR. NAMKEN: Yes, sir. 24 COMMISSIONER HARRIS: And it's come up since 25 you've started. Is what -- what drew you to Center 135 1 Point to begin with? What -- I know you all do it all 2 the same across the state, but what brought you to 3 Center Point? 4 MR. NAMKEN: To be very transparent, we 5 looked here in the City first, and the tract that we 6 looked at, I think you guys are currently buying. It 7 was on your docket. And we couldn't make it because 8 there was some flood issues on there. And so we kind of 9 just went and expanded from there and started looking. 10 And as the developer, you're trying to follow what would 11 generate rooftops, and that's employees, and that we 12 felt like between Comfort and Kerrville would be a good 13 area, and this piece of property fits -- checks a lot of 14 boxes for development. 15 I think y'all had several developments come 16 through here that had a good concept plan, but quite 17 didn't price out right. The topography is one of them 18 that is a big concept killer. And so this one checked 19 those boxes as well. You know. Obviously there's a few 20 hurdles we have to get over, but I think we have a good 21 concept plan for those. But that's -- to answer your 22 question, that's why we're on this tract. 23 COMMISSIONER HARRIS: Okay. Appreciate it. 24 MR. NAMKEN: It -- it met our needs. 25 MR. WELLBORN: Mike Wellborn, 631 Water 136 1 Street. I guess -- I kind of had something to talk 2 about but if you've got questions, instead of wasting 3 your time I can just jump into those questions. 4 COMMISSIONER MOSER: No. You -- you can 5 make your presentation. 6 MR. WELLBORN: The main thing -- well, if 7 we're doing this as a normal residential subdivision, we 8 would have a concept plan meeting and then we'd have a 9 preliminary plat submittal and then bring that to the 10 Court and then a final plat. This really does not 11 follow the mobile home manufactured housing rental 12 community. It looks like, smells like, feels like a 13 plat, but it's not a plat. 14 But the condominium form of development, it 15 looks like, feels like -- just like you already said, 16 but it's not a plat. And it follows a different set of 17 codes and the Texas Local Government Code. 18 So what -- really what today is, is we're 19 asking for approval for this to move forward to the 20 construction documents, and then the -- the map, plat, 21 whatever you want to call it. We are -- but it would be 22 filed with the County. We're not asking for it to be 23 anything filed today. We're asking for approval for 24 this. And then we forward into the detailed 25 construction documents. We would draw up construction 137 1 plans, just like we would any other subdivision, except 2 we're doing this a little bit different. 3 This is going to be more of a detail what we 4 do different from the County versus the City. This is 5 more like a City. Because in here we're proposed things 6 that actually make this more like a City residential 7 subdivision. There will be some curb and gutter. And 8 we're doing paved roads, asphalt paved roads. And so 9 we're actually going above and beyond. 10 And in addition to that, we're having water 11 services and sanitary sewer services. So this will be 12 the first one. This is -- looks like it's right in the 13 City of Kerrville. The difference is, is that we're 14 doing wider lots than what's allowed in the City of 15 Kerrville. We can do 45 foot lots in the City. Here, 16 we're doing 75 feet deep lots. We can be a minimum of 17 4500 square feet on a residential lot, and we're at a 18 minimum of 75 times 150, which is -- so they're -- 19 they're larger lots than what we would do in the City. 20 But we want this to be a success for Center 21 Point. We, as engineers, don't want any problems with 22 drainage and water, sewer, so we're working in great 23 detail with Charlie to address those issues. We do have 24 a TxDOT that's out there, we have a driveway already. 25 And the good thing about this is we have a -- one of the 138 1 main things we'd have to do if it wasn't a left turn 2 lane because of traffic counts, we'd have to build a 3 center turn lane. We've done those. That was about 4 $300,000 to construct, which when you start adding that 5 into construction development costs that starts adding 6 more money to the lots to recover. In this case, 7 TxDOT'S done us a great service, and put in a left turn 8 lane over the past year, year and a half. 9 COMMISSIONER MOSER: Uh-huh. 10 MR. WELLBORN: And then -- so we've got 11 those items and we also have -- storm water we've talked 12 about a little bit here. We are providing a large 13 acreage area for storm water detention, which will not 14 only meet but I believe we can reduce the amount of 15 water that's currently draining to 27 and will have 16 been. 17 And then some things that were brought up 18 also at the Town Hall Meeting were the -- of course the 19 water usage, and we've got -- we'll talk about that when 20 we get more in detail on that issue. And we provided 21 some data that shows that we would be under normal 22 operating conditions, be operating under typically a 23 stage one condition year-round, which is below what is 24 allowed, 80,000 gallons per acre per year. 25 And then there's a stage two, Brandon 139 1 mentioned this. One of the things after talking to Gene 2 that we -- Brandon agreed to is that we could operate in 3 a stage two under normal operating conditions by 4 limiting the amounts of RV spaces for rent. Instead of 5 doing them all to sell, he's going to maintain part of 6 those as rent. So if there was a situation where he 7 needed to cut down on water usage, he would shut off the 8 rent portion for that. 9 And then the other thing that was brought up 10 was some fire hydrants in the County. Even when you 11 don't install fire hydrants. The fire hydrants that 12 Aqua Texas used to install with their older systems, 13 they kind of painted them black for legal issues and 14 Heather probably has heard about those and Charlie as 15 well. 16 But we do have fire spent blow off valves. 17 So we'll have fire connections. And so the -- Joseph 18 was at the Town Hall Meeting, and so if the Volunteer 19 Fire Department needed a connection there's a way for 20 them to connect to that to pull water for emergency 21 situations. 22 COMMISSIONER BELEW: How many -- how often 23 are they -- 24 MR. WELLBORN: You know, I think there's 25 probably about four. So we haven't got the details yet. 140 1 But some of the hydraulics we had to work through on the 2 water system. So there's a few of them -- 3 COMMISSIONER BELEW: Do you have to have an 4 extra pump station for that setup or -- 5 MR. WELLBORN: No. We'll have our 6 hydromatic system at the well. So I think it should be 7 able to pull it. One of the reasons they don't, they 8 don't want them to cavitate the line, so that's -- 9 that's a big deal. Because Aqua is in the -- in the 10 water supply business for consumption; not for fire 11 flow. 12 And that's one of the things, you know, that 13 needs to come up also about, you know, City of Kerrville 14 and development in their ETJ and -- I'm going to stop 15 there. I'm going to go in a different direction. 16 So that's -- that's a high level. And if 17 you have any detailed questions -- 18 COMMISSIONER MOSER: Talk -- talk about 19 water. Okay. That's the big thing. You didn't get 20 into the details on water availability, the stuff you 21 showed at the Town Hall Meeting -- 22 MR. WELLBORN: Certainly. 23 COMMISSIONER MOSER: -- over the year. 24 Charlie has got -- 25 MR. WELLBORN: Let me hand out a couple of 141 1 these. 2 COMMISSIONER MOSER: Charlie has got some 3 separate analysis. 4 COMMISSIONER BELEW: And this is going to 5 have the numbers? 6 MR. WELLBORN: It's got -- yes, sir. So the 7 first page there is just development and you've seen 8 that. That's the overall concept. The second page is 9 where we are in relation to Aqua Texas Kerrville north 10 system. I believe you've seen this slide as well. And 11 then what the next slide is, is I just kind of -- I got 12 it on a per month basis and then a cumulative on the 13 second sheet. 14 So this right here is for all units in the 15 development being occupied at the same time. So that 16 would be all the for sale, 166 residential units, and 17 124 RV units. So this is all being operational. So 18 what's allowed by the 80,000 gallons per acre per day -- 19 per year, sorry, is the blue line. That's the top line. 20 And then what we have in the red line is 21 what we would be at stage one, which is a ten percent 22 reduction from what is allowed. What we're showing here 23 is also -- on top of that red -- looks like it's on top 24 but it's slightly below. And you can tell that from the 25 tables. It's a dashed black line is where we're saying 142 1 our operation conditions would be, based on 144 gallons 2 per residential lot per day, and a hundred -- or 45 for 3 RVs. So you can see under fully operation conditions 4 we're already at stage one. The next page over -- 5 COMMISSIONER MOSER: You can accommodate 6 stage one. Right. 7 MR. WELLBORN: Yes, sir. We can accommodate 8 stage one. And that would be our standard operating 9 practice even during non-drought conditions. 10 The second page is just a cumulative. What 11 that's showing is basically if you look on the far right 12 it's the same thing, but it's cumulative. And showing 13 that we're allowed, based on the 149.5 that's 11,960,000 14 gallons. That's in December. And we're -- stage one is 15 10,764,000 and what we're saying, we would be operating 16 under full build-out conditions at 10,761,000, which is 17 slightly lower than the stage one. 18 The next page, it says monthly water usage 19 for 166 residential and 51 permanent RV spots. This is 20 the same thing except what we're here -- the green is 21 the stage two. So now we're required to be 20 percent 22 below allowable pumpage. And we're right at it by 23 eliminating the 124 minus 51 for rent units, and say if 24 we have to, we can just shut that off. But under normal 25 conditions with 51 permanent for sale RV places and 166 143 1 residential, we would be operating at stage two under 2 normal conditions. 3 And then the next page it's just a 4 cumulative of that, if you want to see it in a different 5 format. 6 COMMISSIONER MOSER: Charlie. Charlie. Why 7 don't you show your, if you will, your -- your 8 assessment of all this. Just on water now. 9 MR. HASTINGS: Yes, sir. It's in your 10 packets. There should be a spreadsheet that's got some 11 yellow and blue on it. And the title is Eden Farms 12 Water Availability Comparison and Analysis Average Three 13 Persons Per Connection. They are using a three person 14 per connection average for their overall system. 15 The State of Texas, through the Texas Water 16 Development Board, has data available. The average 17 connection in the State of Texas is 2.75 people. So -- 18 and the average water use per person for the State of 19 Texas is 89 gallons per person per day. If you use the 20 89 gallons per person per day, and you use their number 21 of three, which is more conservative, you're going to 22 get 267 gallons per day per connection. 23 And you can easily cut 50 percent of that 24 water usage off simply by not using water outside your 25 home. Don't have a garden hose, don't water the trees, 144 1 don't water anything, which that's what this development 2 is proposing to do through the condominium regime, they 3 feel they'll have the authority and the ability to make 4 that happen. With that being said, if -- if 267 gallons 5 per connection, half of that is 133 gallons per 6 connection. And that is actually the number that their 7 environmental engineer presented to us. I realize that 8 some of the things they showed you they're -- they went 9 ahead and rounded up to 144. They wanted to be 10 conservative when they were doing their calculation. 11 Bottom line, what I believe that we're being 12 asked to consider or at least to understand is, what 13 kind of a margin would we normally see in a two acre 14 average lot subdivision. Normally, we would -- we would 15 see a 64 percent margin, okay. The way you calculate 16 that is two acres, 80,000 gallons per acre per year for 17 those two acres would come out to 438 gallons per 18 connection. 19 And from the State of Texas data, at 89 20 gallons per person per connection and a three person 21 connection, you got 267 gallons per connection per day. 22 So that margin is 64 percent. That's kind of our -- our 23 baseline that's in our subdivision regulations. And the 24 margin that they have is a ten percent margin, and then 25 they believe that they can cut back on RV unit rentals 145 1 and get -- and attain as much as 20 percent. Around 20 2 percent. 3 Also in my spreadsheet, I took into account 4 that Aqua Texas already has a system next door that they 5 were going to be expanding by adding this system to it. 6 And they've got some pretty significant water loss. So 7 I took that into account when I did my calculations. 8 Mine are a little more conservative in that regard. 9 They can buy back -- Aqua Texas can buy back some of 10 that margin simply by fixings leaks. 11 If they were to fix all their leaks in their 12 existing system, they could increase that initial margin 13 of 10 percent up to 19 percent and they could increase 14 simply by managing the RV spots, and I believe there are 15 73. If they were to not allow any of those 73 to be 16 utilized and that margin -- the other margin instead of 17 20 would be about 29 percent. So there's -- there's 18 some room in there. 19 I think something that Commissioner Letz 20 brought forth that we -- we do need to keep in mind and 21 the public needs to understand, is that we do have two 22 different standards for water. We have our water 23 availability standards, which equates to the two acre 24 average, to make sure that every lot has at least two 25 acres of water under the ground that they can utilize, 146 1 because that's that 64 percent margin, we're very 2 comfortable with that. 3 We say if you do that, you don't have to do 4 any engineering at all. If you want to do something 5 less than that, you need to do some engineering, but 6 then there is a whole other set of rules within our 7 subdivision regulations, which are the model subdivision 8 regulations that were adopted so that we could qualify 9 for all the funding that puts the sewer system in, and 10 that says all that the Kerr County needs is to get a 11 water service agreement from the water provider, where 12 they guarantee that we can take care of this subdivision 13 for 30 years and they have paid us everything they need 14 to pay us for us to improve our system. That's the 15 document that ultimately we're looking for. 16 But I wanted to go through this exercise 17 because I wanted to understand if it was to be compared 18 to the two acre average, where do we stand. And that's 19 were they stand. Instead of having the 64 percent 20 margin, they have a 10 percent, and then if they don't 21 rent out all their spots, they can increase that to 22 about 20 percent. And if they fix their leaks, they can 23 even get as good as 29 percent. 24 COMMISSIONER MOSER: And Charlie, just for 25 clarification, on the two acre per lot, 64 percent 147 1 margin, that's -- you don't do any engineering with 2 that. That's just a given, you're okay. 3 MR. HASTINGS: Yes, sir. 4 COMMISSIONER MOSER: Okay. If you want to 5 do less than two acres per lot, then you have to do 6 what's been done here. 7 MR. HASTINGS: Yes. And again, it's just 8 for the purpose of us to have a feel for -- 9 COMMISSIONER MOSER: Right. 10 MR. HASTINGS: -- how much water do they 11 have. The -- the reality is that the model subdivision 12 regulations kick in anytime you create two or more lots 13 that are five acres or less -- 14 COMMISSIONER MOSER: Right. 15 MR. HASTINGS: -- which says use Appendix M 16 of the model subdivision regulations, which is the water 17 service agreement between the water provider -- if 18 they're going to use the water provider. If they're 19 going to use the water provider, which they are. Aqua 20 Texas. 21 COMMISSIONER HARRIS: I guess when it comes 22 down to me that bugs me on the water issue, is -- I've 23 got -- we've all got it, a letter from Gene Williams, 24 January 12th. And based on the 144 gallons per day for 25 the residents and 65 gallons per day on RV sites, I'm 148 1 going to read what he said. It's considering average 2 occupancy of all units, these numbers would provide 3 basic water needs at best. Certainly no room for 4 landscape and non-essential water use. Also to provide 5 drought contingency. Stage one requires a ten percent 6 reduction. Stage two, a 20 percent reduction. Stage 7 two is not as common as Headwaters recommends at a 8 minimum. 9 A reduction in the total number of lots to 10 achieve ten percent reduction from the 100 percent 11 production amount allowed by the permit acreage. This 12 would also allow for shrinkage and line flushing per 13 County and is currently in stage two drought conditions, 14 well into the second year of drought. 15 Historic water level hydrographs for the 16 Center Point area well show a steady decline in water 17 levels. So that's kind of -- we're already starting at 18 a -- 19 COMMISSIONER MOSER: No, it -- this -- what 20 Charlie just showed you and what Mike just showed you is 21 the top line in the chart that you have is consistent 22 with Gene's letter. Okay. That's water availability. 23 Then to get to ten percent, they show you what they'd 24 do -- they're going to always be at ten percent 25 reduction, okay, based on the number of gallons per day 149 1 per -- per unit, okay. So they're at ten percent. 2 To get to 20 percent, you modulate the 3 number of rental spaces that are available, which could 4 be done within the condominium regime. So it's 5 consistent with, and then the commitment from Aqua Texas 6 to be consistent with Gene Williams' 80,000 gallons per 7 acre per year, folded into the CCN, okay. So it's all 8 consistent with what you just read. 9 COMMISSIONER HARRIS: He's recommended a 10 total number of lots a reduction of -- 11 COMMISSIONER MOSER: No, but then go back -- 12 go back further up in your letter. What it says about 13 that -- if you -- unless you limit the water -- read 14 that again. About outside watering and that kind of 15 stuff. 16 COMMISSIONER HARRIS: Right. I know. 17 They're going to achieve all that. 18 COMMISSIONER MOSER: So -- but see, Gene 19 says -- in his analysis he assumes they're not going to 20 do that. That's what you just read. 21 COMMISSIONER HARRIS: You want to -- you 22 want to clarify or -- 23 MR. WELLBORN: I can jump in real quick. So 24 that was the last meeting we had here. We met with Gene 25 again and that's where we came up with taking -- instead 150 1 of using all of the RV spots as permanent, we changed it 2 to 51. And Gene sent a revised letter since that. 3 COMMISSIONER MOSER: Correct. 4 MR. WELLBORN: And -- and he said that he 5 will grant the permit to Aqua Texas for this 6 subdivision -- 7 COMMISSIONER MOSER: Yeah, there was a 8 subsequent letter to that, Don. 9 COMMISSIONER HARRIS: Okay. Good point. 10 COMMISSIONER BELEW: Now, there's something 11 else, and -- and if this goes forward, it sets a 12 precedent for the County. Is that a good idea? And we 13 can't really -- we can protect the County by deciding if 14 we want to set precedents. We can't -- we don't have a 15 crystal ball. 16 Just like in Center Point, if somebody had 17 asked me should we have two Dollar Stores, I would have 18 said no, not a good idea but you can't stop them from 19 doing it, right? So now one of them is dried up and 20 gone. So is it a good idea? 21 COMMISSIONER MOSER: What is the precedent 22 we're setting? 23 COMMISSIONER BELEW: Set -- putting in a 24 neighborhood like this. 25 COMMISSIONER LETZ: Well, it's -- I don't 151 1 know if I -- where is the precedent? 2 COMMISSIONER MOSER: What's the precedent? 3 COMMISSIONER BELEW: We don't have this 4 anywhere else. It's a precedent. 5 COMMISSIONER LETZ: But what have they not 6 met? 7 COMMISSIONER BELEW: I didn't say that there 8 can't -- well, there have been a few things. The size 9 of the driveway and a few other things, arterial roads. 10 That -- 11 COMMISSIONER MOSER: No, the driveways are 12 fixed. 13 COMMISSIONER BELEW: That's pretty 14 standardized. But, if this becomes the way that 15 subdivisions are made in the future, that's what I'm 16 talking about. 17 COMMISSIONER LETZ: But that's not our 18 decision. 19 COMMISSIONER MOSER: That's not ours. 20 COMMISSIONER BELEW: Well, I -- I realize 21 that. 22 COMMISSIONER LETZ: It's not up to us. If 23 they follow the rules we don't have a -- 24 COMMISSIONER BELEW: I'm trying the get this 25 out in the open -- 152 1 COMMISSIONER LETZ: Right. 2 COMMISSIONER BELEW: -- so people 3 understand. And this is, in some people's way of 4 thinking, a way to get around subdivision rules. 5 COMMISSIONER MOSER: That's not true. 6 COMMISSIONER BELEW: I'm -- well yeah, it is 7 the way some people think about things. So there are 8 people that look at it that way. There are people that 9 look at it and say it's providing for a need, which is 10 workforce housing. Some people don't like it, 11 aesthetically and so on. 12 What I'm trying to get back to is this, that 13 we have a certain criteria to look at, a certain list of 14 things to see if it's legal, if it's acceptable, if it's 15 going to be detrimental to anybody. If they have the 16 water that they need it's not going to harm anybody 17 else. 18 People don't like thinks for different 19 reasons, but there -- none of those reasons. Just like 20 the example I used, if they'd have asked me should we 21 build two Dollar Stores in Center Point, I would have 22 said no. But which one of them do you tell no to. 23 COMMISSIONER MOSER: Uh-huh. 24 COMMISSIONER BELEW: And based on what? 25 There's nothing to base that on. Except it may not be 153 1 the best idea. That's all I'm getting at. And people's 2 perceptions is what I'm talking about. People view 3 things different ways because everybody has their own 4 world view, their own grid they see things through. 5 This could look like, okay, they got -- it's not going 6 to be a standard subdivision so -- you know, I'm all for 7 figuring out another way to skin the cat. As long -- 8 and not everybody's always happy. 9 COMMISSIONER MOSER: But -- 10 COMMISSIONER BELEW: I'm just airing this 11 out for the benefit of everybody. 12 COMMISSIONER MOSER: What -- what -- 13 Charlie -- I mean Harley, what is a standard 14 subdivision? 15 COMMISSIONER BELEW: Like what you see in 16 Kerrville. What most people -- if I asked you what a 17 subdivision -- 18 COMMISSIONER MOSER: 45 foot wide lots. 19 COMMISSIONER BELEW: Yeah. If I asked you 20 what a subdivision is, you could point to something in 21 Kerrville and you say there it is. 22 COMMISSIONER MOSER: Right. 23 COMMISSIONER BELEW: This will have more 24 outside green space than most of what we see even in a 25 neighborhood that has large lots like Starkey area, that 154 1 kind of thing. 2 VOICE: About 40 percent or close to it. 3 MR. WELLBORN: 44. 4 COMMISSIONER BELEW: I get that. 5 JUDGE KELLY: But we're talking about people 6 that have concern about this subdivision? 7 COMMISSIONER BELEW: Yes. 8 JUDGE KELLY: And I appreciate you bringing 9 that up. We listened to y'all's proposal for an hour, 10 hour and a half a couple weeks ago, and we've been 11 listening today patiently. And we -- these people out 12 in the hallway have gone to a great deal of effort to be 13 here and I think we need to hear them. 14 I've got a little over half a dozen of them 15 or so. I don't know how many are actually going to talk 16 or yield their time to someone else, but at this time I 17 would like to go ahead and start listening to public 18 input here. 19 So number one on this list is Kari Potter. 20 MS. POTTER: Hello. 21 JUDGE KELLY: Please state your name and 22 address. 23 MS. POTTER: Kari Potter, 428 China Street, 24 Center Point, Texas. 25 JUDGE KELLY: Okay. 155 1 MS. POTTER: All right. I had good morning 2 but now I'll change it to good afternoon. Thank you for 3 your time, and this is in regards to the Eden Farms 4 development that's being proposed. 5 My first question is what's the rush? 6 Commissioner Moser recently stated that he and 7 Commissioner Letz have been reviewing the Eden Farms 8 development concept for the past several months. The 9 development proposal was brought before the Judge and 10 the other two commissioners at a special called meeting 11 on January 15. A motion was made by Commissioner Moser 12 at that meeting to proceed forward. It did not receive 13 a second. Why the rush? 14 When the Judge and your fellow commissioners 15 are hearing the information for the first time. Judge 16 Kelly then encouraged the commissioners to host a Town 17 Hall Meeting for Center Point residents to bring us all 18 up to speed. The Town Hall Meeting happened rather 19 quickly and there weren't really great notices posted. 20 I think the Facebook -- the County Facebook page notice 21 was put out at like 9:15 on Friday night, and most of 22 the residents in Center Point were left in the dark 23 regarding this proposal. 24 At no time during the Town Hall Meeting was 25 it asked by a show of hands on how we felt about this 156 1 proposal. It -- it was even brought up and -- and it 2 was never asked how anybody felt about it. There are 3 many Center Point residents against this type of 4 development. 5 Commissioner Moser expressed his support for 6 the condominium regime development at the Town Hall 7 Meeting. Some concerns, I have -- obviously water. In 8 the Town Hall Meeting the Headwaters Groundwater 9 Conservation District was referred to as the 800 pound 10 gorilla. 11 And in the Commissioners' Court meeting on 12 January the 15th, I think it was Mr. Williams, but we 13 didn't have the camera panning that day, it may have 14 been Mr. Childs, stated that Center Point and East Kerr 15 are the first areas in our County to experience drought 16 and less water. 17 They also stated and reminded Eden Farms, 18 the developer, that they have not calculated the water 19 usage when this system becomes aged, and it will become 20 aged. They also said that they offered concerns for the 21 development beginning under stage one water 22 restrictions. 23 Commissioner Letz stated that the proposed 24 development's water calculations only include personal 25 usage, no car washing, plant watering, kids running 157 1 through a sprinkler, none of that. What happens when we 2 reach stage two restrictions and beyond? Mr. Namken 3 stated that they -- if they sold all of the RV lots, 4 that would be great. So what happens if those are all 5 sold and not saved for rentals? 6 Aqua Texas will meter individual home's 7 water and will restrict if they exceed the allocated 8 amount. Mr. Namken stated that he has done no research 9 on water usage in his other developments. 10 Judge Kelly stated in Commissioners' Court 11 on January 15th that the proposed subdivision and 12 development changes will be cataclysmic for the County 13 and that it shouldn't be entered into lightly. Judge 14 Kelly also stated that condominium regimes have a 15 history of being problematic and face much litigation. 16 When homeowners rights to water are oppressed, it will 17 lead to problems. 18 The proposed condominium regime will be 19 governed by the managing partners of the LLC that own 20 it. They will certainly build out and leave for another 21 project. With no zoning in the Center Point area, who 22 will oversee Eden Farms and future developments in the 23 area? And to ensure that they keep their promises? 24 It was stated in Commissioners Court that 25 the County has no involvement with HOA's or these 158 1 proposed condominium regimes. Drainage is also an 2 issue, like we've talked about. Residents and 3 businesses are in a dire situation when we have an 4 excess rainfall. The recent construction completed on 5 Highway 27 by TxDOT added culverts, but their routes for 6 runoff water is yet to be addressed. 7 As you all know, our groundwater is a 8 precious resource that we have to protect. The 9 potential homeowners will -- will have needs and their 10 needs need to be considered as well. First-time home 11 buyers might not understand the limitations being placed 12 on their water usage. People shouldn't have to live 13 under a buyer beware environment regarding their home. 14 I know that growth is inevitable. This type 15 of development will set the precedent for future 16 developments in our area. The 63 million dollar sewer 17 system will for sure bring developers to the Guadalupe 18 River valley. As elected officials, please keep the 19 residents of Center Point and East Kerr in mind, as you 20 are making these monumental decisions. Thank you for 21 your time. 22 JUDGE KELLY: Thank you, Ms. Potter. Second 23 speaker is Ross Potter. 24 MS. STILES: Hi. I'm Sheila Stiles, I live 25 at 422 China Street in Center Point. I've just got a 159 1 couple of things I'd like to address. First, in my 2 opinion, the impact is something that's important to the 3 community and the County and should have been better 4 publicized for maximum awareness. I, for one, was 5 completely blind sided by Eden Farms. I had never heard 6 anything about it until a friend mentioned it to me that 7 there was going to be a meeting in the cafeteria at the 8 school. The impromptu meeting on January 20th was 9 pretty much a vague attempt by the presenters to be able 10 to say they had community input. It was not a pleasant 11 meeting. 12 It was very obvious with the low attendance 13 and the questions that were being asked that people 14 seriously had no idea what was going on. Not one person 15 there had ever even heard of a condominium regime and 16 never really got any clear explanation as to what it is. 17 Most people couldn't see the screen, couldn't hear the 18 speakers, and definitely couldn't hear questions being 19 asked and very little of the answers being given. 20 There are too many unanswered questions and 21 so much information that should be shared regarding the 22 concept development drainage, a clear detailed 23 explanation of what a condominium regime is, how it 24 differs from a typical subdivision, a full disclosure of 25 how it will be managed and by whom, and the costs 160 1 associated once the unit is purchased, and how the 2 restrictions will be presented to the potential buyers. 3 Just like the questions, people need to know. 4 I think it's imperative that we have at 5 least another meeting before -- provided to the 6 community with working equipment available to assure our 7 neighbors have a clear understanding of what's being 8 proposed. It would be highly unethical to proceed any 9 further without community awareness and everyone 10 concerned having the opportunity to discuss fully. What 11 is the rush? 12 Second, my main concern regarding the water. 13 This area has already had wells go dry. It's a constant 14 worry for everyone. We pray for rain on a daily basis. 15 To build such a high density group of homes starting out 16 with water restrictions already in place in an area 17 known for constant drought conditions is simply 18 unrealistic. 19 We have a private well on our property and 20 we try to conserve as much as possible. We don't water 21 the grass. Our grass is dead. We haven't watered it. 22 We've had to drop our well twice over the past several 23 years, 21 foot both times. We can't go any deeper 24 without getting a new well, drilling a new well. 25 I think we can crunch numbers all day long 161 1 and gather data and estimate how much each home, RV, or 2 person is going to use, but we all know mother nature is 3 fickle. If it rains, it rains. If it doesn't, it 4 doesn't. When the water is gone, it's gone. 5 We want to have -- we have a want for 6 growth. I think everybody does. We have land for 7 growth. We have a new sewer system that's available for 8 growth. But we don't have the water to sustain this 9 kind of growth. We need to be smarter and find a better 10 way. 11 I believe you, the Kerr County 12 Commissioners, are the front line for the citizens of 13 Kerr County, elected to protect us. Whether intentional 14 or not, the lack of public awareness with regard to Eden 15 Farms is extremely disturbing. Thank you. 16 COMMISSIONER MOSER: I have a question, if I 17 may. This is to help everybody. I'm not sure how we 18 could communicate better. There was a notice put in -- 19 and I'm asking for input. There was a notice put in the 20 post office. I've been told that's the best way in the 21 world to communicate. It was posted in the post office. 22 Posted at Mini Mart. A lot of people use Mini Mart. It 23 was on Facebook from citizens around Center Point. It 24 was put in the newspaper, okay. I don't know what else 25 to do. 162 1 After we had the Town Hall Meeting, I had a 2 call from the person who has the property next to this, 3 said he hadn't heard about it. Explained that he 4 understood what it was, he's all for it, okay, because 5 he thinks it's an enhancement to his property. But what 6 would you recommend how we better communicate? 7 MS. STILES: You know, I'm not really sure. 8 I think, you know, I personally -- I don't go to the 9 Mini Mart. If I -- you know, my husband goes but I 10 don't. I certainly wouldn't be looking at any posters 11 that are posted there. I don't go to the post office; 12 we have mail delivered to the house. 13 COMMISSIONER MOSER: Well, how would you 14 recommend? 15 MS. STILES: I don't know. 16 COMMISSIONER MOSER: I don't either. So, 17 therefore, criticize for not -- 18 MS. STALL: I'm not criticizing. 19 COMMISSIONER MOSER: No, no. But it's a 20 good -- it's a legitimate criticism, okay, making sure 21 people know. I don't know what else to do, except drive 22 down the street with a bullhorn, you know. Now, we 23 did -- 24 MS. STALL: Well -- 25 COMMISSIONER MOSER: Let me make a point. 163 1 We did -- 2 JUDGE KELLY: Whose burden is that? 3 COMMISSIONER MOSER: Huh? 4 JUDGE KELLY: Whose burden is it to get the 5 notice out? Isn't that really the developer's burden to 6 get that notice out to us? 7 COMMISSIONER MOSER: Well, no. Not with a 8 Town Hall Meeting. I chaired the Town Hall Meeting. I 9 called for the Town Hall Meeting to communicate. So, 10 therefore, Judge, I took the extra step like we did -- 11 we're going to do this next Friday. It's going to be 12 interesting to see how many people know about the 13 meeting next Friday. That's the reason I put it on the 14 agenda today. Try and communicate to people, let's have 15 these meetings so everybody can understand. 16 So I don't know how else to communicate. 17 I'm asking everybody to say, how did you know about this 18 meeting tonight, the last Wednesday. They said from 19 church. 20 MS. STILES: One lady said it was from 21 church. 22 COMMISSIONER MOSER: Yeah. 23 COMMISSIONER LETZ: I think an interesting 24 point is we -- this -- we're talking about a precedent. 25 As long as I've been a Commissioner we have never, until 164 1 this one, had a public meeting about a proposed 2 development. 3 COMMISSIONER MOSER: Right. 4 COMMISSIONER LETZ: Ever. 5 COMMISSIONER MOSER: Ever. 6 COMMISSIONER LETZ: This is the first time 7 we've ever done that. It is not -- I mean, it gets into 8 a property rights issue. There's a lot of issues. I 9 think it's a good idea to do it, but there's no 10 requirement for us to do it and we've never done it 11 before. And we've done some pretty big developments in 12 the county. 13 COMMISSIONER MOSER: Yeah. Right. 14 COMMISSIONER LETZ: So, you know, I think 15 that it's -- I think that it was very good that we did 16 it on this one, because this one's a little bit higher 17 density, or a lot higher density than we've done in the 18 past on these other developments. 19 But generally, the notices -- I mean, put it 20 on Commissioners Court Agenda. That's where the public 21 finds out about what's going on. 22 On this one because of the impact, I think 23 the Judge recommended and Commissioner Moser went ahead 24 and followed through, they did do a public meeting. But 25 that's the first time I recall that ever happening. 165 1 COMMISSIONER HARRIS: Well, I know it's not 2 required, but I -- I told Charlie and others that we 3 have another big project in Precinct 4 we're going to 4 sure going to have one. 5 COMMISSIONER MOSER: Good idea. 6 COMMISSIONER LETZ: It's good. But we also 7 have to realize that if they file the plat and -- and 8 it's accurate and everything's in compliance, we have 9 30 days to approve it. Period. 10 JUDGE KELLY: That's under subdivisions. 11 COMMISSIONER LETZ: Right. But I think even 12 on this it's -- I mean, I don't -- 13 COMMISSIONER BELEW: But we're -- 14 MRS. STEBBINS: But this has to be treated 15 like other subdivisions, and that is a requirement. 16 It's a state law requirement that y'all can't treat it 17 unlike other subdivisions. Y'all are -- that's the 18 burden on the court that you -- 19 MS. STILES: I mean, you have to admit that 20 it's a totally different animal here and, I mean, it's 21 very -- it's something that the citizens and the people 22 that live in the Center Point area should be aware of. 23 COMMISSIONER MOSER: Well, it's not 24 different than what was proposed in Vintage Heights, 25 Precinct 2, but it happened to be in the City also. 166 1 Okay. It's no different. 2 MS. STILES: You might expect something like 3 this in the City, but you don't expect something like 4 this out in the rural area, I don't think -- 5 COMMISSIONER MOSER: I mean -- 6 MS. STILES: -- a subdivision -- 7 COMMISSIONER MOSER: -- driving in -- 8 MS. STILES: -- a condominium regime. 9 Again, like I said, I mean, there's -- 10 COMMISSIONER MOSER: Ma'am -- 11 MS. STILES: -- so much litigation and 12 questions about -- nobody even knows what a condominium 13 regime is. 14 COMMISSIONER MOSER: Okay. Let's -- let's 15 talk about density. Adjacent -- behind Mini Mart there 16 are a lot of houses, right? There are 91, on lots equal 17 to or smaller than this. 91. So this is not different 18 than what already exists. 19 MS. STILES: I think that it is. It's -- 20 it's -- 21 COMMISSIONER MOSER: How? 22 MS. STILES: Well, I mean you've got -- just 23 the landscaping, you're going to be on the Aqua source, 24 you're going to be restricting people's water. I mean 25 how this is going to be presented -- how -- how is this 167 1 going to be presented? I mean, is somebody -- the RVs, 2 you're talking about the people living in the RVs and 3 they're not going to rent them. If they need -- if they 4 need to conserve a little bit of water, well, what are 5 you going to do? Say well, I'm sorry that -- I mean, 6 are you going to rent them on a month-to-month basis? 7 On a week-to-week basis? You know, and then you just 8 kick them out when there's, you know, a water problem? 9 COMMISSIONER MOSER: That's -- how do you 10 restrict the 91 that exist right now on water? 11 MS. STILES: The 91 what? 12 COMMISSIONER MOSER: The 91 properties. 13 MS. STILES: There are no restrictions. But 14 I don't know if they're on -- I don't know what kind of 15 water they're on. 16 COMMISSIONER MOSER: But they're -- they're 17 taking -- 18 MS. STILES: Because I'm on a well, I'm not 19 restricted. 20 COMMISSIONER MOSER: They're being 21 provided -- those 91 houses will be provided water by 22 Aqua Texas, okay, the same source, Aqua Texas, will 23 provide the water to those 91 houses, plus these houses 24 under the same control. Same control. Aqua Texas has 25 to live with the water that it's provided. Aqua Texas 168 1 then treats this just like the 91 existing, okay. 2 They're going to allocate water based on water 3 availability. And they have to modulate it based on 4 drought conditions. So it's no different here than it 5 is for the existing 91. 6 MS. STILES: So the people that are buying 7 into the condominium regime will have no better -- 8 COMMISSIONER MOSER: Condominium -- I wish 9 the word condominium didn't exist. It's not a -- 10 MS. STILES: I -- 11 THE REPORTER: Excuse me. One at a time. 12 COMMISSIONER MOSER: It's -- a condominium 13 is just a way that the property owners, okay, property 14 owners control their housing development. That's what 15 it is. 16 MS. STILES: No, it's not. 17 MRS. STEBBINS: And there's state laws in 18 place to protect people who -- who buy this type of 19 property, which is why there's the Texas Uniform 20 Condominium Act that not only governs the people who 21 create the condominium regime, but also us, the local 22 government on how we can regulate those regimes as well. 23 JUDGE KELLY: There is a Uniform Condominium 24 Act, but there's no -- the protection -- the homeowners' 25 Bill of Rights that HOA's have do not apply to 169 1 condominium regimes. 2 MS. STILES: Right. It's a whole different 3 thing. 4 JUDGE KELLY: Owners of condominium regimes, 5 and I am one, have virtually no rights. 6 MS. STILES: Right. 7 JUDGE KELLY: Virtually no rights. 8 MS. STILES: And that's why I think the 9 people are not going to understand. I don't understand 10 it. So you know, I don't think -- 11 COMMISSIONER BELEW: But that's not the 12 issue. That goes back to the example I've tried to use, 13 where it may be ill advised but you -- you cannot 14 regulate that. 15 MS. STILES: Right. 16 COMMISSIONER BELEW: You know, if you 17 don't -- if you don't read the fine print -- 18 MS. STILES: Let the buyer beware. 19 COMMISSIONER MOSER: Let me see if I can 20 simplify this -- 21 COMMISSIONER BELEW: It's the way it works. 22 You know, a lot of us find out about deed restriction 23 that we ignored or didn't read through the whole thing 24 and then you realize it does apply to you in an area you 25 didn't realize. That's a day-to-day thing with 170 1 everybody you know probably at some point. 2 COMMISSIONER MOSER: Let me see if I can 3 simplify it in my simple mind. Somebody tell me if I'm 4 wrong. By having a condominium regime here, it's a way 5 in -- within this development to control two primary 6 things. To control the water, control the sewer. 7 Control maintaining the streets, street width, other 8 things that the condominium regime wants to have, okay. 9 Trees, water, xeriscape, that kind of thing. But those 10 are things that are controlled within the development 11 through the condominium regime. Through the condominium 12 agreement. Those can be controlled. 13 The condominium regime external to the 14 development is what the County -- the County enters into 15 an agreement with the condominium developer on what 16 they're going to do. Now then, what that development -- 17 what that condominium regime enters into with the County 18 is an agreement between that development and the County. 19 Correct me if I'm wrong there, Mrs. Attorney. 20 MRS. STEBBINS: Are you talking about their 21 plans that they submit -- 22 COMMISSIONER MOSER: Yeah, the -- 23 MRS. STEBBINS: -- that y'all approve? 24 COMMISSIONER MOSER: -- plans that they 25 submit. So one of the things they control internally 171 1 with the condominium regime, that's the way they tell 2 the water -- the individual property owners, you can or 3 cannot do. Okay. They can do that. Okay. 4 But external, that's the agreement that they 5 have with the County, which doesn't have anything to do 6 with what they're doing internally. That's just my 7 simple way of looking at what this condominium regime -- 8 people have a bad -- I've lived in condominiums and I 9 wouldn't live in one again. My son lives in a 10 condominium in Kerrville right now. There are issues 11 between neighbors and parking lots and mumble, mumble, 12 mumble. And that's -- that's called a condominium. 13 Well, this is a way of property owners being part of 14 another entity called the condominium regime. 15 JUDGE KELLY: Ms. Stiles, thank you very 16 much. 17 MS. STILES: Thank you. 18 JUDGE KELLY: I -- I didn't mean for you to 19 be interrogated but -- 20 MS. STILES: It's okay. Thank you. 21 COMMISSIONER MOSER: Thank you. 22 JUDGE KELLY: The next one I have on the 23 list is J.C. Barton. 24 MS. BARTON: Hi there. Judge, may I 25 relinquish my time to another speaker? 172 1 JUDGE KELLY: Sure. 2 MS. BARTON: Thanks. 3 JUDGE KELLY: Who's your speaker? Who's 4 next? 5 MR. GRAHAM: I guess I'm next. I'm -- my 6 name is Jay Graham. I live south of the property. And 7 when I look out my back door, that's what I'm going to 8 see is that subdivision. And my concern -- I'm not pro 9 or against. 10 But my concern is, what -- what are we going 11 to build? What kind of structure? And who's going 12 to -- I understand the condominium regime, it's -- they 13 have a little more power than a HOA, if I understand 14 correctly. But who's going to regulate that and who's 15 going to ten years from now? What's that -- what's that 16 property going to look like? Because it's very -- it's 17 congested compared to what else is around Center Point. 18 The -- right now, if they put in a -- they 19 can put a mobile home park back there. I would have 20 no -- nobody would have any say about it. They can just 21 do it. So I'm kind of -- I'm not really on the fence; 22 I'm more -- I want to see them put something nice back 23 there. But I'm -- I'm right -- it's my backyard. 24 That's kind of what I'm -- I'd like to see the 25 restrictions or somebody -- you know, I'd like to know 173 1 more about what they're going to build. 2 COMMISSIONER LETZ: The developer has a 3 handout he gave us with some pictures. 4 MR. GRAHAM: Yeah, I saw his handout, and 5 it's a concept, but I want to know -- I'd like to know 6 if they're going to build, you know, something nice. 7 COMMISSIONER MOSER: Yesterday I drove to 8 New Braunfels. 9 MR. GRAHAM: Okay. 10 COMMISSIONER MOSER: And I drove there to 11 look at the -- and there's a picture of it, okay -- 12 MR. GRAHAM: Okay. 13 COMMISSIONER MOSER: -- of the houses that 14 are there. If this -- if this is -- well, anyway, I was 15 very impressed with the architecture, the street appeal, 16 the construction. I only looked at it from the outside, 17 I didn't go in anybody's houses, but this was built 18 2008? 19 MR. NAMKIN: 2008. 20 COMMISSIONER MOSER: 2008. So it was 12 21 years ago. I mean, it looks fantastic. It looks better 22 than -- I'm going to be careful. It doesn't look better 23 than your house, okay, you've got a brand new house 24 there, it looks fantastic. Compared to the rest of 25 Center Point, this is much, much, much, much, much 174 1 better. Okay. I think this picture of this house -- 2 MR. GRAHAM: That looks nice right there. 3 COMMISSIONER MOSER: -- is indicative of 4 what was built there. There's a lot of variation. It 5 wasn't all cookie cutter type of things, one house 6 looked like -- just like the house next to it. All 7 custom looking. Very, very impressive subdivision, 8 so -- and that's 12 years old. 9 MR. GRAHAM: Well, I think most of the 10 people around, landowners, are going to be concerned 11 about their -- whether this takes away from the value of 12 their property. That's bottom line. 13 COMMISSIONER MOSER: Right. 14 MR. GRAHAM: And that's my concern. 15 COMMISSIONER MOSER: Sure. 16 MR. GRAHAM: This is my daughter, Jay Lynn. 17 MS. GRAHAM: Yes. Mr. Moser, I e-mailed you 18 I believe yesterday. I've kind of got a stake in his 19 property since I'm his daughter. I brought up to him, 20 he kind of was for it at first. And then he stumbled 21 and said wait, wait, I need more information. And so I 22 brought up the traffic that could be right there on 27. 23 His driveway is here, and then there's a driveway, and 24 then there is -- would be this driveway, going into 25 there. 175 1 What it looks like is it could be about 580 2 something cars coming through there if you put two cars 3 per unit. But, I mean, give or take. So that's going 4 to be a lot of congestion. I believe there's a center 5 lane that's been put in, but is that really going to be 6 enough? 7 Another thing was the -- the lack of garage 8 storage area for any overflows from these tiny homes. 9 There's -- it's 1100 to 1500 square foot house. You're 10 going to have overflow of stuff come out. Is that going 11 to be solved or put in place before. 12 MR. GRAHAM: Well, I'm concerned about 13 people having cars that don't run. You know, typical 14 stuff that you deal with when you got -- and I 15 understand it's 200 to $300,000 housing, and that's 16 that's -- that's pretty nice housing right now. But in 17 ten years from now, what's it going to -- are they going 18 to maintain it. And it sounds like you have done a 19 little -- a little bit of research. 20 COMMISSIONER MOSER: I just went to look. 21 MR. GRAHAM: But we don't know for sure and 22 we don't know what they're going to build. They -- 23 that's a concept and they can -- I would like a little 24 bit more -- 25 MS. GRAHAM: So ask him about the RV -- 176 1 MR. GRAHAM: The RV thing, too. It's -- my 2 first response was, RV, it sounds kind of like because 3 they're going to sell the RV lots, that sounds like 4 permanent living for RVs. And it's sounding more like a 5 mobile home park to me. So I don't -- I don't think 6 that's what it is, but I want clarification of what -- 7 COMMISSIONER MOSER: Maybe -- maybe get 8 Brandon to address some of these things. 9 MR. NAMKIN: It's definitely not a -- not a 10 mobile home park. 11 COMMISSIONER MOSER: Stand up there, 12 Brandon, so we -- everybody can hear you. 13 MR. NAMKIN: As I said in the opening, the 14 RV opportunity was merely to create a different layer of 15 affordability within the neighborhood. I think a lot of 16 people have -- are thinking about that research and real 17 estate throughout the State of Texas. RV use is 18 considerably up. People are living in RVs. Working -- 19 you know, the transient lifestyle where they're not 20 moving more to the transient and medical lifestyle, 21 moving to communities, working in COVID areas and 22 staying in an area for a certain amount of time and 23 moving to the next one. But this does allow them to 24 have some ownership, to have their own meters and do all 25 that stuff. And it's theirs. 177 1 Now we're limiting it now to 51 of those 2 versus 124 that we can sell just due to the fact that 3 we're going to try to have some water restrictions in 4 place. 5 MR. GRAHAM: Okay. And I guess that's most 6 of my concern is just property values going down. And 7 you know, people working on the cars and stuff like that 8 because they don't have a garage. And, you know, I -- 9 I just -- but I'm not not pro or against right now. I'm 10 more -- I'm leaning toward it, pro, because I know that 11 they can put a trailer home, a mobile home park on that 12 property and I -- there's nobody -- nothing anybody can 13 say. 14 COMMISSIONER MOSER: That's right. 15 MR. GRAHAM: So this is better than that, 16 from my perspective. 17 COMMISSIONER MOSER: Okay. 18 MR. GRAHAM: Do you have anything else? 19 MS. GRAHAM: I think that's it. I think 20 just -- really just wanting to know all the details, get 21 a better understanding of that and what it looks like 22 in, you know, two to five, ten years from now. 23 MR. GRAHAM: We only -- I only found out 24 about it about a week ago too. 25 COMMISSIONER MOSER: Yeah, I think you 178 1 called me the night after the Town Hall Meeting. 2 MR. GRAHAM: Right. 3 COMMISSIONER MOSER: I don't know how to 4 better communicate. 5 MR. GRAHAM: I think if you get everybody's 6 e-mail address, that's a good start. 7 COMMISSIONER MOSER: I have probably 300. 8 And I've sent it out to 300. 9 MR. GRAHAM: But there's a lot of people in 10 Center Point and -- 11 COMMISSIONER MOSER: And I only got yours 12 this past week. 13 MR. GRAHAM: Right. That's right. 14 COMMISSIONER MOSER: Okay. 15 MR. GRAHAM: Well, a lot of people don't 16 know your name. 17 COMMISSIONER MOSER: Okay. So now -- now 18 you're on my list. 19 MR. GRAHAM: Yeah, I made your list. 20 MS. GRAHAM: What about mailing something 21 that -- or just mailing the surrounding -- anybody 22 that's going to look at it, at least, what about mail -- 23 dropping a mailer or the -- 24 COMMISSIONER MOSER: Do we want to start 25 that policy for the entire County? 179 1 MR. GRAHAM: I don't care. 2 COMMISSIONER MOSER: Yeah. But when it 3 comes to taxes you'll care. 4 MS. GRAHAM: So a postage stamp -- A 44 cent 5 postage -- I mean, I think there was about 20 people it 6 would amount to. So just saying. 7 MR. GRAHAM: Yeah, a lot of people don't use 8 Facebook or e-mail. 9 COMMISSIONER MOSER: I don't. 10 MR. GRAHAM: Yeah. 11 MR. JONES: And the paper just said 12 Wednesday; it didn't say the place or the time. 13 COMMISSIONER MOSER: Okay. 14 MS. GRAHAM: There you go. 15 JUDGE KELLY: Our time is getting away from 16 us. 17 MS. GRAHAM: All right. 18 MR. GRAHAM: Okay. 19 MS. GRAHAM: Thank you so much. 20 COMMISSIONER MOSER: Thank you. 21 JUDGE KELLY: I called earlier for J.C. 22 Barton but I didn't know if there was anybody who wanted 23 to speak for J.C. Barton. I also have an Allen Kaiser. 24 COMMISSIONER MOSER: Allen is out there. 25 There he is. 180 1 JUDGE KELLY: Yeah, you can take your mask 2 off. 3 COMMISSIONER MOSER: No, put it back on. 4 MR. KAISER: I'm not going to go over the 5 water thing, the drinking water thing. I am concerned 6 about the drainage. And like we've talked and all that, 7 and putting some numbers to it. If -- if this 8 subdivision leaves 40 percent uncovered by structure or 9 pavement, so forth so on, you're still going to -- and 10 one inch rain generates about 900,000 gallons plus. 11 So I guess what I'm wanting to hear is how 12 big -- how many gallons will that retention pond hold? 13 Or what happens if it's a six inch rain? And having 14 stood right there and seen what happens, it's a definite 15 concern. We've got a business right across River Bend 16 there. 17 COMMISSIONER HARRIS: I want to interrupt 18 you a second. Can you ask them to move down the hall? 19 COMMISSIONER MOSER: Or close the door. 20 COMMISSIONER HARRIS: Yeah, the noise is 21 bleeding in. I wanted to hear you. 22 MR. KAISER: Appreciate that. Anyway, once 23 that -- all of this water that comes out of, what do we 24 call this thing now, the new subdivision. It's that 25 ditch that comes south on Willow Bend and it's got one 181 1 out of three openings to go under on 27. We have 2 already been there, Charlie, We beat that horse. And 3 then it goes into a ditch that's approximately two 4 tenths of a mile long that goes towards Guadalupe River. 5 I drove by there and looked at both ends of that. As 6 far as I can see it's pretty much -- its grown up with 7 briars, hackberry trees, household trash, and what have 8 you. 9 What we witnessed in the past several years 10 on a big rain incident was that water goes across and 11 back up and backs up and goes right down east on 27. 12 That's what gets in the Mini Mart and that's the church, 13 so forth and so on down there. 14 So I guess you're asking here -- your 15 question would be, what do you want? I'd like to see 16 those other -- those two blocked off culverts opened, 17 and that ditch, which is two-tenths of a mile, give or 18 take a hundred feet, opened to the Guadalupe River and I 19 think the problem is -- help anyway. I don't know what 20 kind of volume those big square culverts will handle, 21 but it's substantial. So that -- that's -- I'm going to 22 leave it at that. 23 We've already talked, Tom and I, and Charlie 24 and I. And I really think it's something that can't 25 just be a squeaking wheel. I think we need to grease 182 1 it. And not just from my personal feeling, there's a 2 lot of property owners that will be affected, and 3 consequently helped if it's remedied. 4 The other thing, I learned that Kerr County 5 is not -- not bound by national fire code. The 6 surrounding Kendall is. Other -- 7 COMMISSIONER MOSER: By national what? 8 MR. KAISER: Fire code. 9 COMMISSIONER MOSER: Okay. 10 MR. KAISER: Which -- which requires that 11 there -- any subdivision of 30 or more houses has to 12 have two points of ingress, egress. So we're -- Kerr 13 County is not required to do that. But it does -- and I 14 think County Commissioners are charged with taking care 15 of the public health and safety and welfare of the 16 citizens. 17 So that brings us around the corner to what 18 kind of a congestion are we going to have on 27, getting 19 in and out of there? That's what I brought to the 20 table. I'm going to do leave it at that. And thanks 21 for your time. 22 JUDGE KELLY: Thank you, Mr. Kaiser. 23 COMMISSIONER LETZ: Allen? 24 MR. KAISER: Sir? 25 COMMISSIONER LETZ: We addressed one of them 183 1 a little bit and we looked at the national fire code and 2 good and bad. It can be, at times, a very good thing to 3 have two ingress and egress. But you take some 4 subdivisions that, you know, way back on someone's 5 property -- 6 MR. KAISER: Oh, like Center Point Estates 7 maybe? 8 COMMISSIONER LETZ: Center Point Estates, 9 yeah. How would you -- I mean, it gets really difficult 10 to figure out how to even accomplish that. And that's 11 one of the things we considered, because of the -- 12 because of our terrain and the developments up to now. 13 This is the first time we've really had one of this 14 density. I think it would be good to try to get two 15 ingress/egress points on this but -- 16 MR. GRAHAM: In an ideal world there would 17 be an easement off of Willow Bend up there by the 18 softball field. 19 COMMISSIONER LETZ: Right. 20 COMMISSIONER MOSER: Right. 21 COMMISSIONER LETZ: Something like that. 22 COMMISSIONER MOSER: And -- and -- 23 MR. KAISER: That's going to be -- that's 24 going to be drainage right there, I think. 25 COMMISSIONER MOSER: A couple of things on 184 1 -- on that same subject. Comanche Trace has one 2 entrance going in there, okay, so it -- and that's a big 3 subdivision. 4 MR. KAISER: So that's a precedent, see. 5 COMMISSIONER MOSER: No, no. It's just a 6 fact that what Jonathan says, sometimes the terrain 7 limits the thing. It's hard to get out the backside. I 8 think they could do it if -- if they would. But it 9 would be good to have. And I agree. And I don't know 10 if there's anything we can do. 11 Number two, on the drainage, if -- if this 12 subdivision were not to be there, okay, and the next 13 rain came like it did the other day, it's still going to 14 flood -- the County recognizes, we just haven't budgeted 15 yet to put the million dollars in to do what you're 16 talking about. Clean -- clean from 27 -- 17 MR. KAISER: I'm not -- I'm not here to fuss 18 about the subdivision. I -- actually, I'd like to see 19 some development. I'm not -- I'm not here fussing about 20 that at all. I -- I tried to make that point the other 21 night. The main thing I'm concerned with is the 22 drainage. 23 COMMISSIONER MOSER: Sure. 24 COMMISSIONER LETZ: And that's a problem. 25 COMMISSIONER MOSER: It's a problem. We've 185 1 got -- we have to make sure that we don't -- we need to 2 do what TxDOT started. We need to make sure that area 3 doesn't flood anymore. And if this subdivision is 4 there, it can't compound that problem. 5 MR. KAISER: Right. 6 COMMISSIONER MOSER: All right, good. But 7 thank you, Allen. 8 COMMISSIONER LETZ: Thank you, Allen. 9 JUDGE KELLY: Thank you, Mr. Kaiser. 10 If my information is correct, my County 11 Clerk advised me there's one other person that would 12 like to speak, and that's Kayla Hill. 13 MS. HILL: Hi. I'll be quick. My name is 14 Kayla Hill. First of all, I just want to say I'm not 15 opposed to new development; I just want to make sure 16 that it's being done in a responsible and sustainable 17 way. Obviously water has been brought up so I'm not 18 going to, you know, just harp on that too too much. 19 But I did -- I found it interesting, I read 20 through the stuff that was provided today with the 21 Commissioners' Court schedule, I guess it is. And the 22 fact that water levels have been declining over the 23 years in Center Point, and we've been at stage two 24 drought since August, it's a little bit concerning that 25 all of these numbers have been calculated to assume that 186 1 water is not going to continue to decline. I understand 2 the need to, I guess, provide as many lots as possible 3 to make it economically feasible. But at the same time, 4 if we're taxing our resources, and it's going to be an 5 issue where people are running out of water, I find that 6 very concerning. 7 I also noticed -- or I didn't notice 8 anywhere on there that -- I -- I know it said that there 9 would be no watering of landscape; however, I would 10 assume, and -- and per their kind of like flyover video 11 they said, there was a lot of new trees being added. So 12 I -- I was curious as to where the water would come from 13 for those. 14 And then also, it shows that there's a 15 laundry area in the RV area and I don't see any 16 calculations for water on that as well. And since these 17 numbers have been maxed out in my opinion, I -- I'm just 18 wondering where that water would come from. Because 19 they're already talking about, you know, 144 gallons per 20 day per residence. That's very low in my opinion. 21 Because that is just my opinion, I'm not going to 22 pretend like I know any better than anybody else. But 23 at the same time, it does show that the average Center 24 Point home uses 185 gallons per day and then I know they 25 were saying well, that's also outside water. 187 1 But -- and I don't know the answer to this 2 either, but I wonder how many of those homes also have 3 wells that they use to water grass outside. Because I 4 know for a long time there wasn't a water provider in 5 Center Point and there were private wells on most lots. 6 So I feel like some of that data might be skewed a 7 little bit as far as what has been used to develop these 8 numbers. 9 Another, I guess a concern that I have, is 10 that with us being in stage two already, the RV spots 11 would be reduced down to, I believe they said, 51 if we 12 would hit stage two. Well, we're in stage two now. So 13 I'm just wondering why the RV spots are necessary for 14 this development if the single family homes have already 15 been maxed out per se based on -- and I won't even go 16 through the County requirement says that you can have 17 75. 18 Well, we're sitting at, I believe it's 166 19 single family lots plus all of the RV lots. So I -- I 20 just -- I worry about the sustainability of the 21 community, the availability of water, everybody in the 22 area. 23 And then lastly, drainage. I know that's 24 been brought up as well. With the current issues that 25 are happening out there, will the County actually 188 1 complete the outfall project before this subdivision is 2 allowed to proceed. Because even though they won't be 3 increasing flow, it will affect the new subdivision and 4 other areas, just the fact that it floods currently. 5 And then I guess just lastly, I know y'all 6 talked a little bit about what precedence are we setting 7 with a subdivision like this. And to me, what -- the 8 reason why I felt the need to come today is that I feel 9 like the precedent that's being set is that this 10 developer is being allowed to max out all parameters. 11 And if that's the case with everybody that comes 12 through, then the majority of our natural resources are 13 not going to be there anymore. So that's all I have to 14 say. 15 COMMISSIONER MOSER: Kayla, thanks. 16 MS. HILL: Yeah. 17 JUDGE KELLY: Okay. Anybody else from the 18 public that wants to address the Court? 19 COMMISSIONER BELEW: Can I ask them about 20 the laundry mat? 21 JUDGE KELLY: Sure. I just want to make 22 sure I've got everybody out in the hallway. 23 COMMISSIONER BELEW: Is there anybody left 24 that's here? I thought that she was the last one. 25 JUDGE KELLY: Okay. 189 1 COMMISSIONER BELEW: So what about the 2 laundry mat? 3 MR. WELLBORN: It will be -- it's gone. 4 COMMISSIONER BELEW: Oh, it's gone? 5 MR. WELLBORN: Yeah. 6 COMMISSIONER BELEW: No laundry mat, Kayla. 7 MS. HILL: No laundry mat? 8 COMMISSIONER BELEW: No laundry mat. 9 MS. HILL: Okay. It's still just shown on 10 their schematic so I was just wondering. 11 COMMISSIONER BELEW: Yeah. That's a good 12 question. 13 COMMISSIONER MOSER: I had a question on the 14 plat. Are there storage units? Is that shown on here? 15 There's -- 16 MR. WELLBORN: There was a lengthy common 17 area at the end of master units, lower middle, left 18 side. 19 COMMISSIONER MOSER: So those are storage 20 units that are proposed there? 21 MR. WELLBORN: Yes, sir. 22 COMMISSIONER MOSER: Okay. How many of 23 those did you -- 24 MR. WELLBORN: I don't remember. It's 25 schematically laid out. There's different sizes, 190 1 there's 20 by -- ten by twenties and you can get bigger, 2 you can get smaller. It varies. 3 COMMISSIONER MOSER: Okay. 4 MR. JONES: Judge -- 5 JUDGE KELLY: Yes, sir. 6 MR. JONES: -- if I could just a minute. 7 There's -- 8 COMMISSIONER MOSER: Why don't you stand, 9 say who you are and -- 10 JUDGE KELLY: This is Tom Jones with 11 Headwaters, right? 12 MR. JONES: Yeah, Tom Jones with Headwater. 13 Just -- Just to clear up some confusion here. 14 Headwaters is only invoking restrictions at the well 15 when it comes to drought. We don't go beyond -- we 16 don't go out to individual meters. And so because of 17 the -- this type of a subdivision, they're a one 18 individual meter. So they will qualify for a permit 19 based on their calculations. 20 So all the courtesies that Gene has shown by 21 looking at all these different calculations have been 22 just that, a concern trying to say, hey, we're getting 23 into a different area here we don't normally deal with. 24 Aqua Texas is who needs to be on record as 25 stating what they will and won't do when it comes to 191 1 enforcing it. We're near drought three stage right now. 2 We're very close to that right now. And so we need 3 assurance from them, even though we're going to enforce 4 them at the well, this is still going to have blow back 5 beyond that whenever you go out to individuals. 6 But I just wanted to make sure that 7 everybody's aware that Headwaters is not approving or 8 disapproving this plan. That's not who we are. 9 We're looking at -- we're looking at a well 10 being drilled and approving the acreage for that use. 11 And the rest of it falls upon the developer and the 12 public water service provider. So I just wanted to give 13 you some education on that. 14 COMMISSIONER MOSER: And the way -- and the 15 way the developer does that is through the condominium 16 agreement. 17 MR. JONES: Well, that's up to y'all to 18 approve. 19 COMMISSIONER MOSER: Yeah, I understand. I 20 understand. 21 MR. JONES: Right. 22 COMMISSIONER MOSER: Just -- you know, I was 23 just trying to complete the circle. 24 MR. JONES: Yes. Yes. I just didn't 25 want -- I didn't want people thinking that hey, Gene 192 1 approved all of this and that's not his job. That's not 2 what he does. 3 COMMISSIONER MOSER: Right. We got Gene's 4 letters saying that. 5 MR. JONES: Right. 6 JUDGE KELLY: Okay. Is there any other 7 discussion on this topic? 8 COMMISSIONER LETZ: I just -- I have a 9 question. Where'd Charlie go? Did -- you know, have 10 they met the requirements for a subdivision slash 11 condominium? To us it doesn't make any difference if 12 it's a condominium or not. Have they met the 13 requirements for a subdivision? 14 MR. HASTINGS: Yes. 15 JUDGE KELLY: Are there any waivers? 16 COMMISSIONER LETZ: What? 17 JUDGE KELLY: Are there any waivers in our 18 subdivision rules in this development? 19 MR. HASTINGS: It would be the lot frontage 20 size which -- it's not a waiver. You have written in 21 our rules the ability to allow lesser, lesser lot 22 frontage size. Normally it would be 150 foot of 23 frontage, and they're asking for 75. That's one. 24 COMMISSIONER MOSER: But on that -- on that, 25 Charlie, so what they said was they'll put a driveway 193 1 between two lots. So there's only a culvert or driveway 2 every 150 feet. 3 MR. WELLBORN: Correct. 4 COMMISSIONER MOSER: Right. 5 MR. HASTINGS: Yes. 6 COMMISSIONER MOSER: Okay. 7 COMMISSIONER LETZ: Another point on that. 8 Our rules allow for quarter acre lots. It is, I think, 9 probably impossible to configure quarter acre lots with 10 150 foot frontage. 11 COMMISSIONER MOSER: Correct. 12 COMMISSIONER LETZ: So it's contemplated 13 that if we're going to allow one of them, then you have 14 to allow the other, because you couldn't get there 15 otherwise, which I hope you change that, the current 16 rules. 17 MR. HASTINGS: Why don't I stand up and 18 summarize what they're asking for. 19 As far as lot density goes and water 20 availability, they will be -- they will have to provide 21 a water service agreement from Aqua Texas that Aqua 22 Texas is stating and confirming that they will supply 23 water to this development for 30 years, and that all of 24 the water meters, or anything that the developer's 25 supposed to pay for so that Aqua Texas can install or 194 1 improve the system is paid for. So that's what we're 2 looking for. That's Appendix M out of our subdivision 3 regulations, current rules. 4 The next, sanitary sewer service. They 5 either need to go with septic or a community sewer. Our 6 rules won't allow them to have lots this small without 7 it being on a community sewer system, and they are going 8 to use the East Kerr County Wastewater Project sewer 9 system that is being operated by the WCID. 10 COMMISSIONER LETZ: Charlie, on that 11 question, I thought of this over the weekend. The 12 County has imposed a $20 per connection capital recovery 13 fee essentially, or is it 25? Whatever it is, there's a 14 fee for every connection to help pay off the debt. Are 15 they -- is the idea for them to pay one connection fee 16 or 300 connection fees? 17 MR. HASTINGS: They need to pay 300 18 connection fees. 19 COMMISSIONER LETZ: Okay. I just want to 20 make -- get that clear. Good. 21 MR. HASTINGS: Yes, sir. Roads -- 22 COMMISSIONER BELEW: It's about volume. 23 MR. HASTINGS: Yes, sir. Well, it's about 24 the number of connections. 25 COMMISSIONER LETZ: The number of 195 1 connections. 2 COMMISSIONER MOSER: The volume is there. 3 It's within its scope. 4 MR. HASTINGS: The roads that they put into 5 this subdivision need to be built to County standards, 6 whether they're private or public, and they plan on 7 building them to our specification. I think one of the 8 things they've asked for is that they have a limitation 9 of the way their property is configured. They have a 10 60-foot wide strip that goes down to Highway 27, and I 11 think our regulations, because of the number of lots 12 you're looking at an arterial, is that right. 13 MR. WELLBORN: Right. 14 MR. HASTINGS: Arterial classification, our 15 rules require a 90-foot wide right-of-way for a 24-foot 16 wide road to go in there. I believe that the reason 17 that 90-foot was a requirement or was put together, 18 whenever our subdivision regulations were developed, 19 which I wasn't here for that so I don't know the full 20 intent, but my understanding is typically an arterial, 21 it's not just about the volume, you know, for a dead end 22 road subdivision, it would typically be that you're 23 building an arterial that's connecting one highway to 24 another. This is not going to connect to another 25 highway. It's -- it's a dead end. Just like Comanche 196 1 Trace. 2 JUDGE KELLY: Okay, hold on just a second. 3 I've got someone on the phone, on the line here, that 4 wants to speak. Can you hear me? 5 MS. RICHARDS: Yes. 6 JUDGE KELLY: Okay. And please identify 7 yourself by name and address. 8 MS. RICHARDS: This is Claudia Richards 9 and -- 10 JUDGE KELLY: Okay. 11 COURT REPORTER: Excuse me. I couldn't 12 understand that. 13 JUDGE KELLY: Claudia Richards. 14 COMMISSIONER MOSER: Claudia Richards. 15 JUDGE KELLY: Please go ahead. 16 MS. RICHARDS: I have watched everyone and 17 taken in everything that's being said and I just want to 18 speak to that. What I feel like emotion -- we should 19 not be emotionally driven decision. I feel like housing 20 is a necessity and the community knows that. 21 If we look at it from an economic positive 22 economic growth, I said that many times that other 23 developments can come in and be less appealing or not 24 necessarily trying to follow agreed guidelines. 25 So I think regardless of whomever is 197 1 submitting the proposal, I think it should be looked at 2 from the standpoint of how is this going to benefit and 3 if this doesn't happen, what are the other opportunities 4 that could possibly happen, be it good or bad. 5 JUDGE KELLY: Okay. Anything else? 6 MS. RICHARDS: Nope. That's it. 7 JUDGE KELLY: Okay. 8 MS. RICHARDS: I wish that -- I think that 9 emotion should just kind of be taken out of it and I 10 think it was again, a courteous -- a courteous event. 11 The public was informed. I mean, we all know that it 12 was not necessary, I think it is a good idea, but it was 13 not necessary. So that's all I've got. 14 JUDGE KELLY: Okay. Thank you. 15 MS. RICHARDS: Thank you. 16 JUDGE KELLY: Okay. Charlie, I apologize. 17 MR. HASTINGS: No problem. 18 JUDGE KELLY: I had no control over that. 19 MR. HASTINGS: Again, one of the things 20 they're asking for in their concept plan, before 21 they're -- they're asking to approve the concept plan 22 with a couple of asks. And one of them is that the 23 arterial right-of-way within our subdivision regulations 24 is 90-feet wide. They have this limitation that came 25 with the property of a long strip that was reserved for 198 1 a road so they could get to the back of the 150 acres. 2 It's only 60 feet wide. And our -- our rules require 3 90 feet. 4 As we mentioned before, typically your 5 arterial roads are connecting one highway to another. 6 That's not going to happen on this. So can you fit a 7 28-feet of base within a 60-foot of right-of-way? Yes, 8 you can. And that's how wide the road would be, 28 feet 9 of base and 24 feet of pavement. So that -- that seems 10 like a reasonable thing to ask for. 11 Their drainage would be built to County 12 standards, whether private or public. They plan to 13 build to our specs, including storm water detention. It 14 would be private. The roads would be private. And then 15 compliance with our floodplain regulations. We don't 16 have any floodplain on this property, so that's not -- 17 they're not asking for anything there. 18 And the last thing would be the lot 19 frontage, I believe require 150 foot of frontage, but we 20 also allow for lesser than 150 feet to be considered. 21 The reason that we would be interested, or the Road & 22 Bridge Department would be interested, in maintaining 23 150 foot of frontage would be to have adequate distance 24 between driveways if we were going to maintain the road. 25 They plan on maintaining the roads 199 1 themselves. They plan on putting in all the culverts 2 and driveways themselves. So it'll all get done by 3 probably the same contractor that builds the road, I'm 4 assuming, so that it works. If it's the other way 5 around, you can imagine how it is. House A gets bought, 6 they're ready to put a driveway in. This other house 7 got bought, but for its site and they don't put it in 8 for 20 years. You know, they sit on their lot. That's 9 how a lot of the subdivisions work around here and it 10 may take 30 years before you have a driveway on every 11 single lot, sometimes longer. That wouldn't be the case 12 for this. So those are reasonable things to ask. 13 JUDGE KELLY: Okay. Any other discussion? 14 There's a motion and second on the table to approve the 15 concept plan. 16 COMMISSIONER MOSER: I'll make a motion that 17 that we -- 18 JUDGE KELLY: You made the motion. 19 COMMISSIONER MOSER: Well, I hadn't made -- 20 I withdrew it last time. 21 I think it would be good to understand 22 exactly in the condominium regime what's being 23 submitted, what's being requested for approval. I think 24 we need to get a good understanding of that. 25 And perhaps before that, is there any other 200 1 question on the concept of the development itself? 2 COMMISSIONER LETZ: I guess I have a general 3 question for the County Attorney. 4 COMMISSIONER HARRIS: I have a question for 5 her, too. 6 COMMISSIONER LETZ: Based on what the County 7 Engineer just said, do we have any, I guess, wiggle room 8 to not approve it? I mean, administratively if they're 9 meeting our rules? 10 MRS. STEBBINS: No. 11 COMMISSIONER LETZ: Do we do not have to 12 approve it? 13 MRS. STEBBINS: Right. You don't have -- 14 there's not a way that you can deny it, but -- 15 COMMISSIONER BELEW: In fact, it would be 16 discriminatory if we do so. 17 MRS. STEBBINS: That's -- that's right. And 18 that's why the rule says thou shalt not treat them any 19 other way than that, the property that's being developed 20 in a different way. 21 COMMISSIONER BELEW: They've met all of our 22 current requirements so there's no reason to turn them 23 down. 24 COMMISSIONER LETZ: Okay. 25 COMMISSIONER HARRIS: That was my exact 201 1 question. 2 COMMISSIONER BELEW: That's what it comes 3 down to for everybody, really. 4 COMMISSIONER HARRIS: Yeah. It's legal. 5 And people can question ethical or not, but it's legal. 6 COMMISSIONER BELEW: I'm going to go back to 7 my example of the two Dollar Stores in Center Point. 8 COMMISSIONER HARRIS: Bingo. 9 COMMISSIONER BELEW: So I would have advised 10 against it probably, but there was nothing that said you 11 can't do it. There you go. 12 COMMISSIONER MOSER: So there's a list here 13 of steps to -- completion of condominium map and regime. 14 Submit condominium map for approval and recording, all 15 right. Submit construction document for County review. 16 And the third thing is, submit declaration of 17 condominium regime for recording. 18 So that leading up -- and then I'll ask the 19 County Attorney. So approving the concept is to 20 recognize that these things are to be submitted per the 21 concept that's been described. Am I correct? 22 MRS. STEBBINS: I think that that's right. 23 And that's what we talked about -- 24 COMMISSIONER MOSER: You and Charlie. 25 Right. 202 1 MRS. STEBBINS: -- with Charlie is that what 2 comes next is that they will -- after this, they'll 3 submit their construction plans and then go through that 4 process. 5 COMMISSIONER MOSER: Right. So what they're 6 doing here is saying this is our concept. Before we do 7 these things, we need approval of the concept. 8 MRS. STEBBINS: Yes. 9 COMMISSIONER MOSER: Okay. 10 MR. WELLBORN: It would be the equivalent to 11 a preliminary plat. 12 COMMISSIONER MOSER: Right. Right. So with 13 that, I would move for approval of the concept as it's 14 presented, okay, so that they can then follow through 15 with the other documentation here I just described. 16 COMMISSIONER LETZ: I have -- 17 COMMISSIONER MOSER: To modify it. 18 COMMISSIONER LETZ: -- a technical question. 19 What's the point of a concept plan if they can just 20 submit the plan and it'll administratively get approved? 21 MRS. STEBBINS: I think they wanted to 22 know -- 23 COMMISSIONER LETZ: I know -- I know what 24 they want. 25 MRS. STEBBINS: Oh, okay. 203 1 COMMISSIONER LETZ: I'm talking about from 2 our standpoint, because I don't see why we need to do 3 this. If they are complying with our rules, they can 4 just submit a final plat, and in 30 days it's done. 5 COMMISSIONER BELEW: That's right. If we do 6 nothing. 7 COMMISSIONER LETZ: We do nothing. 8 MR. HASTINGS: I think it's -- I think 9 they're asking for -- 10 COMMISSIONER LETZ: Well, I know what 11 they're asking for. I'm -- our side. Why we need to do 12 this. 13 MRS. STEBBINS: The variances. 14 COMMISSIONER LETZ: They're not variances 15 because they're allowed in our rules. They're 16 clarifying -- 17 MRS. STEBBINS: Isn't this consistent with 18 the way y'all do other things when you approve concept 19 plans? 20 COMMISSIONER MOSER: We approve a lot of 21 concept plans. 22 COMMISSIONER LETZ: Yeah. 23 MRS. STEBBINS: I mean, I think -- 24 COMMISSIONER BELEW: I think they are. 25 MRS. STEBBINS: While unnecessary, probably 204 1 a courtesy. 2 MR. WELLBORN: I -- I can tell you the 3 difference is it's a project or it's not a project. And 4 Brandon is not going to go spend additional time and 5 money on detailed construction plans without some kind 6 of vested rights that he can go forward. I wouldn't do 7 that. No -- no developer would do that. 8 COMMISSIONER MOSER: And that's -- you know, 9 we got upset with somebody doing some work before they 10 had an approved concept near your house. 11 COMMISSIONER BELEW: Yes. 12 COMMISSIONER MOSER: Okay. So they came 13 forward and we said -- slapped their hands for doing it 14 and then we approved the concept and they went through 15 and approved the detailed plan. So it's the same -- 16 same thing. I think -- and I'll let Brandon speak. I 17 don't think he wants to go buy a piece of property if he 18 doesn't think -- 19 MR. HAMKEN: It's awful hard. 20 COMMISSIONER LETZ: I'll second the motion. 21 JUDGE KELLY: Motion's been made by 22 Commissioner Moser, seconded by Commissioner Letz to 23 approve the concept plan as presented. Any discussion? 24 I respectfully disagree. I don't think we 25 have to agree to those variances. I'll be checking it 205 1 out with the law firm in Austin, but I think we 2 can oppose this, and I intend to. But those in favor 3 raise your hand. 4 (Commissioners Moser and Letz raise hands.) 5 JUDGE KELLY: Those opposed raise your hand. 6 (Judge Kelly raises hand.) 7 JUDGE KELLY: Those abstaining raise your 8 hand. 9 (Commissioner Harris raises hand.) 10 JUDGE KELLY: Well, you got to do something. 11 COMMISSIONER BELEW: Well, I'll vote with 12 the first two. 13 JUDGE KELLY: Okay. So it's a three, one, 14 one. 15 COMMISSIONER MOSER: Okay. 16 COMMISSIONER BELEW: Yeah, because it's 17 discriminatory not to. 18 JUDGE KELLY: Okay. Let's take a five 19 minute break. I have to break for Juvenile Court. And 20 you can decide when we come back to finish up the rest 21 of the docket. We start on Item 1.22. 22 COMMISSIONER LETZ: Okay. And we'll be 23 going fast because I've got to be out of here by 1:30. 24 (Break.) 25 (Judge Kelly not present.) 206 1 COMMISSIONER LETZ: Item 1.22 consider, 2 discuss, and take appropriate action to approve 3 contracts with Center Point Volunteer Fire Department 4 and allow County Judge to sign same. 5 COMMISSIONER MOSER: So move. 6 COMMISSIONER HARRIS: Second. 7 COMMISSIONER BELEW: Second. 8 COMMISSIONER LETZ: Motion by Commissioner 9 Moser, second by Commissioner Belew to approve the 10 agenda item. Any further discussion? All in favor 11 raise your right hand. Four to zero, unanimous. 12 Item 1.23 consider, discuss and take 13 appropriate action to approve bonds of all elected 14 officials and/or appointed officials whose bonds have 15 not previously been approved by Commissioners' Court. 16 COMMISSIONER MOSER: And I think that's just 17 mine so so move to approve the bond. 18 COMMISSIONER LETZ: Commissioner Moser has 19 made the motion. 20 COMMISSIONER BELEW: Second. 21 COMMISSIONER LETZ: Commissioner Belew has 22 made a second on that. And the motion is to approve the 23 agenda item as written. Any further discussion? All in 24 favor raise your right hand. Unanimous, four zero. 25 Item 1.24 consider, discuss and take 207 1 appropriate action to accept Emergency Services District 2 #1, ESD #1, compilation report. 3 COMMISSIONER HARRIS: It's routine, I'll 4 move for approval. 5 COMMISSIONER BELEW: Second. 6 COMMISSIONER LETZ: I have a motion from 7 Commissioner Harris, second from Commissioner Belew to 8 accept the ESD #1 compilation report. Any further 9 discussion? All in favor raise your right hand. 10 Unanimous, four zero. 11 Item 1.25 consider, discuss and take 12 appropriate action to clarify Court Order 38538, 13 accepting the monthly reports at the January 11th, 2021 14 meeting. 15 MRS. DOWDY: Just briefly, it was a clerical 16 error. I had the cover sheet written out incorrectly so 17 I had to remove two of those reports that were listed. 18 And so the Court Order that will be considered today on 19 Item 2.6 is written correctly to reflect all the reports 20 that were actually accepted. 21 COMMISSIONER HARRIS: I move for approval. 22 COMMISSIONER BELEW: Second. 23 COMMISSIONER LETZ: All right. So a motion 24 from Commissioner Harris, second from Commissioner Belew 25 to clarify Court Order 38538 and the report for January 208 1 11th, 2021 and the reports as presented today are 2 correct -- and make that correction. 3 MRS. DOWDY: That's correct. 4 COMMISSIONER LETZ: All in favor raise your 5 right hand. Unanimous, four zero. 6 Last item is 1.26 consider, discuss and take 7 appropriate action to approve the environmental 8 impairment liability renewal application for a storage 9 tank at 3766 State Highway 27 in Kerrville and 3672 10 Highway 27 in Ingram. What this -- 11 MRS. DOSS: That is three years, and it's 12 with Freberg Environmental Insurance for these tanks 13 that hold fuel. 14 COMMISSIONER LETZ: Yeah, these are fuel 15 tanks that are required by State law. 16 COMMISSIONER MOSER: Oh, they're fuel tanks. 17 COMMISSIONER LETZ: Fuel tanks and we have 18 to approve the renewal application. I'll make a motion 19 to approve that renewal application. 20 COMMISSIONER HARRIS: Second. 21 COMMISSIONER MOSER: Second. 22 COMMISSIONER BELEW: Second. Oh, okay. 23 COMMISSIONER LETZ: Second by everybody. 24 Well, Tom Moser made the second. 25 COMMISSIONER BELEW: We're making meetings 209 1 great again. 2 COMMISSIONER LETZ: Any further discussion 3 on Item 1.26? All in favor raise your hand. It's 4 unanimous, four zero. 5 Going on to the Approval Agenda. Auditor, 6 pay the bills. 7 MRS. SHELTON: Yes. The short version is I 8 would ask that you approve all of the Treasurer's 9 disbursements as they've been presented. 10 COMMISSIONER BELEW: I move for approval. 11 COMMISSIONER LETZ: Motion from Commissioner 12 Belew. Do we have a second? 13 COMMISSIONER HARRIS: Second. 14 COMMISSIONER LETZ: Second by Commissioner 15 Harris to approve the Treasurer disbursements as 16 presented for a total of $542,865.42. Any further 17 discussion? All in favor raise your right hand. Four 18 zero. 19 Budget amendments? 20 MR. ROBLES: Yes. We have 11 today. The 21 first two are going to be certifying new revenue, and 22 the last nine are line item transfers within their own 23 departments. 24 COMMISSIONER LETZ: Why so many? 25 MR. ROBLES: We can't do budget adjustments 210 1 in our system until we close the books for the prior 2 year. So the first three months -- these are the first 3 three months. 4 COMMISSIONER LETZ: I see. 5 MR. ROBLES: Catch up. 6 COMMISSIONER BELEW: So I'll move for 7 approval. 8 COMMISSIONER MOSER: Second. 9 COMMISSIONER LETZ: Motion by Commissioner 10 Belew, second from Commissioner Moser to approve the 11 budget amendments as presented. Any discussion? All in 12 favor raise your right hand. Unanimous. 13 Late bills? 14 MRS. SHELTON: I'm asking you to approve the 15 Treasurer's disbursement for the late bills that were 16 presented this morning. 17 COMMISSIONER BELEW: I move for approval. 18 COMMISSIONER HARRIS: Second. 19 COMMISSIONER LETZ: Motion from Commissioner 20 Belew, second from Commissioner Harris to approve the 21 late bills in the total amount of $357,507.86. And they 22 were included in the disbursements previously. All in 23 favor raise your right hand. Unanimous. 24 COMMISSIONER MOSER: I have a quick 25 question. Do we know -- or not do we know, because I'm 211 1 sure you do. How'd we come out for the year? 2 MRS. SHELTON: We had our audit last week 3 and so we're still looking at it, and I'll get that to 4 you. 5 COMMISSIONER MOSER: That would be nice to 6 know. Okay. Yeah. 7 MRS. SHELTON: We had a good year. 8 COMMISSIONER LETZ: Okay. Good. 9 COMMISSIONER MOSER: Well, independent of 10 the audit, what -- 11 MRS. SHELTON: We had a good year. 12 COMMISSIONER MOSER: You're not going to 13 tell us how much we came out? 14 MRS. SHELTON: I would need to go back and 15 look. I've looked at way too many numbers this past 16 week. 17 COMMISSIONER MOSER: Okay. All right. 18 COMMISSIONER LETZ: Okay. Auditor report. 19 That was just it, right? 20 MRS. SHELTON: Yes. Auditor reports, there 21 are not any. 22 COMMISSIONER LETZ: Okay. Monthly reports? 23 COMMISSIONER HARRIS: Yes. December 2020. 24 County Treasurer's monthly report, Tracy Soldan. 25 Constable monthly report, Constable 3 Ken Wilke. Fines, 212 1 judgments and jury fees, J.P. 1, Mitzi French. County 2 Clerk's monthly report, Jackie "JD" Dowdy. Animal 3 Control Services, Director Reagan Givens. And then 4 Environmental Health, OSSF Director Ashli Badders. 5 I move for approval. 6 MRS. DOWDY: One more at the bottom. 7 COMMISSIONER HARRIS: Okay. I'm sorry. 8 County Treasurer's quarterly report for a period of 9 October 1st, 2020 through December 31st, 2020, Tracy 10 Soldan. I move for approval. 11 COMMISSIONER BELEW: Second. 12 COMMISSIONER LETZ: Motion from Commissioner 13 Harris, second from Commissioner Belew to accept the 14 monthly reports as read into the record. Any further 15 discussion? All in favor raise your right hand. 16 Unanimous, four zero. 17 And court orders, I just had them in front 18 of me a minute ago. We had the court orders from our 19 January 11th meeting, 38524 through 38540, and they all 20 look to be in order. I make a motion to approve. 21 COMMISSIONER HARRIS: Second. 22 COMMISSIONER LETZ: Motion by Commissioner 23 Letz, second by Commissioner Belew to approve court 24 orders as written. Any further discussion? All in 25 favor raise your right hand. Unanimous, four zero. 213 1 And I don't believe we have anything -- oh, 2 we have information agenda. 3 On the information agenda, any reports from 4 Department Heads? Don't see any. 5 Elected Officials? Don't see any. 6 Liaison Commissioners? 7 COMMISSIONER MOSER: Yeah. Liaison. Two 8 things. Economic development, it was discussed and it 9 will be a formal announcement sometime soon, but it can 10 be for public dissemination. RBR Aviation is operating 11 at the airport. They're selling parts. They're 12 servicing avionics out there. They moved the company 13 from Arlington up here to do that. 14 RBR Aviation is an operation in the 15 Dallas-Love Field area. They're going to expand their 16 operation here. Their hope is -- or their plan would be 17 within three to five years to have 50 people there doing 18 big things. Maintenance and overhaul of jets. Jet 19 aircraft. So that's -- that's the -- that could be big. 20 Okay. 21 And again, there's a reason they worked a 22 lot of development and businesses going in that 23 direction. The housing development we talked about is 24 going to get filled up pretty quick. 25 The other thing is Liaison is the library. 214 1 The library has worked well through COVID. The 2 percentage of County, not in the City, patrons is now 3 about 40 percent. That's increased significantly. And 4 there's still about a hundred thousand patrons a year go 5 through the library, which stop and think about it, 6 that's -- it's about 10,000 patrons per month go thru 7 that library. So that facility is really used. And 8 there's going to be a mobile library that will be going 9 around the County. And it's going to have wifi and a 10 lot of other things. It's more than just a bookmobile, 11 so that's in the plans, and that will -- it's already 12 begun. It's being outfitted now. So that's it. 13 COMMISSIONER LETZ: Any others? That being 14 the case, we have no Executive Session items, so -- 15 MRS. STEBBINS: No Executive. No, sir. 16 COMMISSIONER LETZ: -- we're adjourned. 17 * * * * * * 18 19 20 21 22 23 24 25 215 1 STATE OF TEXAS * 2 COUNTY OF KERR * 3 I, DEBRA ELLEN GIFFORD, Certified Shorthand 4 Reporter in and for the State of Texas, and Official 5 Court Reporter in and for Kerr County, do hereby certify 6 that the above and foregoing pages contain and comprise 7 a true and correct transcription of the proceedings had 8 in the above-entitled Regular Commissioners' Court. 9 Dated this the 7th day of February, A.D. 10 2021. 11 12 /s/DEBRA ELLEN GIFFORD Certified Shorthand Reporter 13 No. 953 Expiration Date 04/31/2021 14 * * * * * * 15 16 17 18 19 20 21 22 23 24 25