1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Regular Session 5 Monday, February 8, 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 *** Commissioners' Comments. 14 4 1.1 Consider, discuss and take appropriate 16 action to approve Resolution and approve 5 Mercy Gate Ministries grant application for the County Innovations grant to address 6 commercial sexual exploitation. 7 1.2 Discuss the Town Hall Meeting on January 29, 20 2021 regarding West Texas Aggregate 8 operations in Kerr County. 9 1.3 Discuss COVID-19 vaccine process in Uvalde. 25 10 1.4 Consider, discuss and take appropriate 46 action to approve the VOCA (Victims of 11 Crime Act) grant application for submission. 12 1.5 Consider, discuss and take appropriate 47 action to approve updated job descriptions. 13 1.6 Consider, discuss and take appropriate 59 14 action to open, review, and accept bid proposals for depository and banking 15 services. 16 1.7 Consider, discuss and take appropriate 61 action regarding Resolution in support of 17 proposed affordable development "The Reserves at Holdsworth". 18 1.12 Consider, discuss and take appropriate 69 19 action for the Court to approve a Revision of Plat for Kerr Vista Ranch Section 4, 20 Lots 15, 16, and 17, Block B, Volume 5, Page 237. 21 1.13 Public hearing for a Revision of Plat for 70 22 the Paradocs Retreat, Lot 1, Plat File #14-6816. 23 1.14 Consider, discuss and take appropriate 70 24 action for the Court to approve a Revision of Plat for Paradocs Retreat, Lot 1, Plat 25 File #14-6816. 3 1 I-N-D-E-X 2 NO. PAGE 3 1.15 Public hearing for a Revision of Plat for 71 Kerrville South II, Lot 50, Volume 4, 4 Page 64. 5 1.16 Consider, discuss and to take appropriate 71 action for the Court to approve a Revision 6 of Plat for Kerrville South II, Lot 50, Volume 4, Page 64. 7 1.17 Consider, discuss and take appropriate 76 8 action for the Court to approve a Revision of Plat for the Estates at Turtle Creek 9 Section Two, Lots 27 and 28, Volume 6, Page 241. 10 1.18 Consider, discuss and take appropriate 77 11 action for the Court to set a public hearing for 10:00 a.m. on March the 22nd, 2021 for a 12 Revision of Plat for De Leon Estates Section Three, Lots 2-3, and De Leon Estates Section 13 Five, Lot 4 to be known as De Leon Estates Section Seven, Plat File #19-06887 and Plat 14 File #20-04047. 15 1.19 Consider, discuss and take appropriate 78 action for the Court to waive platting 16 oversight and approval to the City of Kerrville for amending plat for Solar 17 Village Lots 2 and 3, Volume 5, Page 22, and Volume 5, Page 211, Precinct 1. 18 1.20 Consider, discuss and take appropriate 80 19 action to approve a concept plan for Windy Ridge Estates Subdivision. 20 1.21 Consider, discuss and take appropriate 89 21 action on A401 TxCDBG Certification of Pre-Construction Approvals, Texas Department 22 of Agriculture for Texas Community Development Block Grant Projects 7217045, 7218045, and 23 7218055, and authorize the County Judge to sign same. 24 25 4 1 I-N-D-E-X 2 NO. PAGE 3 1.22 Consider, discuss and take appropriate 91 action for the Court to authorize the 4 advertisement for bids for the Wastewater Service Connections for East Kerr/Center 5 Point Wastewater Collection Project funded by the Texas Department of Agriculture CEDAP, 6 Colonia Economically Distressed Area Program, Grant No. 7217045, CFC, Colonia Fund 7 Construction, Grant No. 7218045, and CFC, Colonia Fund Construction, Grant No. 7218055. 8 1.23 Consider, discuss and take appropriate 99 9 action for the Court to set dates for workshops and adoption of the revised Kerr 10 County Subdivision Rules and Regulations, Manufactured Home Rental Community 11 Regulations, and the Kerr County Water Availability Requirements. 12 1.8 Consider, discuss and take appropriate 112 13 action on proposal from Rockoff Tree Solutions for placement of donated trees 14 in Flat Rock Park. 15 1.9 Consider, discuss and take appropriate 119 action to accept the annual Racial Profiling 16 Reports from Constable Precinct 2. 17 1.10 Passed. 18 1.11 Consider, discuss and take appropriate 119 action to approve new Kerr County Historical 19 Commission, KCHC, members. 20 1.24 Consider, discuss and take appropriate 120 action to form a committee to review merit 21 policy. 22 1.25 Consider, discuss and take appropriate 124 action on the Implementation of the Burn Ban. 23 24 25 5 1 I-N-D-E-X 2 NO. PAGE 3 1.26 Consider, discuss and take appropriate 125 action to determine whether to allow the 4 retail fireworks permit holders to sell fireworks to the public in celebration of 5 Texas Independence Day, pursuant to Texas Occupations Code, Section 2154,202(h)(1). 6 1.27 Consider, discuss and take appropriate 127 7 action to suspend Law Library fee, $35.00, per new filings on civil cases for the 216th, 8 198th and County Court at Law until such time the Law Library reopens for public usage. 9 2.1 Pay Bills. 130 10 2.2 Budget Amendments. 131 11 2.4 Auditor Reports. 131 12 2.5 Accept Monthly Reports. 132 13 2.6 Court Orders. 133 14 3.3 Status reports from Liaison Commissioners. 135 15 4.5(a) Consider, discuss and take appropriate 136 16 action regarding Security Assessment of the Kerr County Tax Office. 17 4.3(d) Consider, discuss and take appropriate 138 18 action to award bids for redistricting services. 19 *** Adjournment. 146 20 *** Reporter's Certificate. 147 21 * * * * * * 22 23 24 25 6 1 JUDGE KELLY: Good morning. It is February 2 the 8th, 2021, it is 9:00 o'clock in the morning and the 3 Kerr County Commissioners' Court is now in session. If 4 you would, please rise and join us with the Prayer and 5 the Pledge, which will be given by Commissioner Belew. 6 (Prayer and Pledge of Allegiance.) 7 JUDGE KELLY: Please be seated. And if you 8 would please take out your phones and put them on 9 silence or vibrate. I was at a meeting last week and 10 somebody told me (inaudible). 11 In any event, silence your phones. The next 12 part of the agenda is something that's very important to 13 this Court. We do it every -- every session that we 14 have. And that is we invite the public for input. I 15 learned from it last year, I guess it was, that a lot of 16 counties don't do this, which I find interesting. I'm 17 not sure that's good government. I'm putting in my 18 personal opinion. But we do invite the public to 19 comment. I've got one person that is signed up to 20 comment and I know that there may be others out there. 21 What we ask you to do is when you come to 22 the podium to speak to us, limit your remarks to three 23 minutes. Identify yourself by name and where you live 24 here in the county so we'll know which precinct. And 25 with that, then I'm going to ask for -- I'm going to 7 1 call the first one that has asked to speak and that is 2 Miss Rosa Toler. Is she outside? 3 COMMISSIONER HARRIS: Larry, I think she's 4 next to the door, right across the hall, next to the 5 door. 6 SHERIFF LEITHA: Miss Toler? 7 MS. TOLER: Hi. Good morning, 8 Commissioners. Hi, good morning everybody. My name is 9 Rosa Toler and I'm a wife, a mother, a grandmother, a 10 daughter, a citizen of this community for 22 years in 11 the financial industry, and I would like to bring to 12 your attention an issue that my community and my family 13 have been discussing for several months, which is a 14 vaccine that is now upon us. 15 So we would just like to ask the Court if 16 you could do a gut check and some research as to the 17 possible mandate of this vaccine as in California. And 18 I would like to open up a forum about debate and 19 research and scientists and virologists and biologists 20 and all of those people who have been silenced and 21 censured in our country. And I would like everybody to 22 just do some critical thinking for your own about this 23 vaccine and what it means to all of us and to the future 24 of our children, to my grandchildren. 25 Our forefathers who wrote the Constitution, 8 1 wrote it out for their grandchildren's grandchildren's 2 grandchildren, which is now. Which is now. 3 So this vaccine is really not what I believe 4 it is. It's not what I believe it is but I believe 5 other scientists and very educated people in the world. 6 Okay. We've been lied to by the CDC and very, very many 7 important people in this nation. So as the Court of our 8 County -- I may not be able to do anything in 9 Washington, DC. 10 And I have been silent in my community for 11 five years for a significant reason. My life has 12 changed since the 20th. And my eyes have been opened. 13 I have been asleep. And this is really scary. This is 14 really scary to me and to my family. My husband, who 15 has taken time off from work, who was an essential 16 worker of communications that keeps all this, the 17 communications going for all of us, he has taken time 18 off. What is going to -- what needs to happen? What if 19 he shows up to work one day and they say you can't come 20 to work unless you have a vaccine? Is he going to be 21 forced to take that vaccine? Is my grandchild going to 22 be forced to take a vaccine so they can go to school? I 23 mean, we have options and choices and freedoms of 24 choice. My choice would be to home school him. My 25 other choice is to not take the vaccine. That is my 9 1 choice. My freedom. It's in the Constitution. The 2 14th Amendment. So I'm just asking you, as our 3 governing body in our County I know this disease is out 4 there. I know that it is -- it's real. It's out there. 5 We have done our best to protect ourselves, our family, 6 and our community. 7 But I believe that it's been -- made -- 8 overplayed. Yes. It's been overplayed and it's not 9 what it seems to be. It isn't. And I'm not a very 10 eloquent -- or educated in biology, I'm not a lawyer, 11 but I am an educated person. I can read and I can think 12 for myself and I know each and every one of you can too. 13 So we've been lied to. And, I mean, our 14 community is -- how many retired people do we have here? 15 I've been here 22 years. So I am going to volunteer the 16 lines that you have to volunteers to set up for all 17 these vaccines that everyone is running to get to 18 because they're afraid, out of fear, and they're 19 uneducated about the vaccine, so they are running for 20 these vaccines because they're scared. They're calling 21 and they don't even know what to ask. I'm willing to be 22 a volunteer for the other side. Do you have questions 23 to ask? I have lots of research. Journals and 24 journals. That's what I sit and do. I don't watch 25 social media. I go to the underground. The underground 10 1 hidden blogs and the people who they have silenced. Is 2 anyone awake? They have silenced us. And I am here. 3 And I am trying to be non-emotional. And just use the 4 knowledge that I have. Research after research. Report 5 after report. Doctor after doctor after doctor after 6 doctor. 7 So if you want to take the vaccine, go 8 ahead. That's your choice. Take it. But as me and my 9 family and other -- my community members, my 10 neighborhood we talked to this weekend, no. They will 11 not take the vaccine. So before a mandate comes down 12 from the Texas heads or the Governor or the Attorney 13 General, as a County I would like you to educate 14 yourself and let me help -- let me help you be a voice 15 for the research. Ask me questions. I know a lot and I 16 know a lot of people. Harley, you and I have worked 17 together in the past. I don't know how many are 18 familiar with Agenda 21. 2021, we're here. Agenda 21, 19 depopulization. 20 JUDGE KELLY: Thank you, Miss Toler. 21 MS. TOLER: Thank you. 22 COMMISSIONER MOSER: Thank you. 23 JUDGE KELLY: And let me just inform you 24 because the public sometimes forgets this. This is the 25 opportunity for the public to offer the Court input. We 11 1 are not permitted to give any response. 2 MS. TOLER: I understand. 3 JUDGE KELLY: And we thank you for coming 4 in. 5 MS. TOLER: Thank you so much. 6 JUDGE KELLY: I know we have at least one 7 other item for the public input, Sheriff. 8 SHERIFF LEITHA: Good morning, Commissioners 9 and Judge. I'd like to take an opportunity to introduce 10 our new police chief today, Chris McCall. But before I 11 introduce him, I'd like to explain a few things and why 12 I'm so excited to have him here and just kind of bring 13 y'all up the date. 14 In the last seven days we've had four, what 15 I consider, major incidents, all involving weapons. 16 First one was I guess last Tuesday. One of my deputies 17 got in a pursuit with a Jeep. They shot the deputy two 18 times. It was a 14 and 15-year-old. When I think of 19 that, I think of my kids in Little League, you know. 20 But anyway, shot the deputy twice. We ended up in 21 Kimble County. They went up an incline and put it in 22 neutral and they jumped out and run. Five hours later, 23 you know, we were able to recover them. On that certain 24 incident it was a KCSO, Kimble County, DPS aircraft, 25 Texas Rangers, an ASRT team, but we were able to recover 12 1 them in a team effort. 2 On the following day, on Wednesday, my 3 narcotic guys conducted a buy bust operation along with 4 KPD. We were able to use them and DPS CID. That led on 5 to an ongoing investigation later that night. We were 6 able to get a search warrant. Search warrant was 7 executed, along with KPD and the chief as admin staff 8 and their SOU unit were very valuable to us that night. 9 It was an all-night deal. The chief was right there 10 with us all night, you know, and I'm really looking 11 forward to that. 12 The following -- this past Friday, my 13 narcotic guys did another buy bust operation which ends 14 up in a pursuit with a felon and weapons and ends up in 15 Kimble -- no, Kendall County. As they exited they 16 wrecked on -- into Joshua Creek. We haven't recovered 17 them at this time. 18 But, you know, I tell you these incidents to 19 tell you that law enforcement is a big team effort. We 20 all have to work together. I won't comment about the 21 past. I know Chief McCall and I just care about now and 22 the future. I know the citizens of Kerr County and the 23 City of Kerrville, we're excited to have a new 24 administration at the Sheriff's office and at the PD. 25 You know with that said, I want to introduce 13 1 Chief McCall and I'll let him tell a little bit about 2 himself. Chief McCall. 3 CHIEF McCALL: Thank you, Sheriff. Hello. 4 How are you? Thank you very much. Thanks for having me 5 and allowing me to come by and say hello this morning. 6 I'm very excited to -- to be a part of the Kerrville 7 community and being able to team with the Sheriff and 8 his group. The -- the work that I saw last week was 9 extremely impressive. I've been in law enforcement for 10 23 years. I worked narcotics for many of those years. 11 And the -- the work that was produced by -- by the 12 Sheriff's Department and their investigators was 13 extremely impressive. And it wasn't a one day thing. 14 That -- that little incident grew into many other things 15 that -- that were very impressive. And I'm happy to be 16 a part of the team. I'm happy to be able to extend our 17 hand out in partnership, and really start working 18 towards solutions for some of the problems that we see 19 in and around our community and try to be part of those 20 solutions. Thank you very much for having me here 21 today. And very good to see you and good to meet some 22 of you. I hope to get to meet everybody in person at 23 some point very soon. 24 COMMISSIONER MOSER: Welcome. 25 COMMISSIONER LETZ: Yeah, thank you. 14 1 JUDGE KELLY: Thank you. And let's move on 2 to the next part of the agenda which are Commissioners 3 Comments. Let's start in reverse order today, let me 4 give you a little rest. Let's start with Precinct 4. 5 COMMISSIONER HARRIS: All right. Well, I 6 was gone all last week at a conference and -- for 7 commissioners and -- and judges in College Station and 8 it was -- it was good. Very educational. One thing I 9 do want to say, there was somebody from the Texas State 10 Health Department that came in and -- and talked about 11 the vaccine, and they -- I know our people here in Kerr 12 County are frustrated. But he said that is across the 13 State and they're frustrated in what the feds are 14 sending down to us. So it -- it's not just us out here. 15 There's other people -- I talked to many commissioners 16 that are having the same problems we -- we are as far as 17 getting what they feel is adequate vaccine to their 18 county. So we're not alone there. 19 One thing I want to mention is, you know, 20 another big deal for the County is the Texas Pork 21 Producers show will be this week. I believe it starts 22 on the 12th this week. So that will be a big event, 23 bring some income into the County. People will be 24 eating at restaurants and what have you and spending 25 some money. 15 1 And another thing. Out west, the Ingram 2 Police Department has made several new hires and what 3 have you so they're getting that program up and running 4 well. And hats off to Carol for doing that. I think we 5 need to recognize, and the Sheriff will echo this I'm 6 sure, Eli Garcia retired this last week after many years 7 of service to the County. So that's it. 8 JUDGE KELLY: Good. Precinct 3. 9 COMMISSIONER LETZ: I don't really have 10 anything this morning. 11 JUDGE KELLY: Good. I guess that's good. 12 Precinct 2. 13 COMMISSIONER MOSER: I don't have anything. 14 The things I have are on the agenda so I'll just hold 15 off. 16 JUDGE KELLY: Okay. Precinct 1. 17 COMMISSIONER BELEW: Well, I want to say 18 that we lost one of our wonderful citizens, Mary 19 Virginia Holekamp recently, and she was just a treasure 20 for the Hill Country and a sweetheart the entire time 21 I've known her. She would have been 94 this month. And 22 she was involved in so many different things and just a 23 wonderful lady. So God bless that family and all of 24 the -- and she affected a lot of this County, so -- 25 we're going to miss her. 16 1 JUDGE KELLY: Very good. Okay. There being 2 nothing else then let's move on to the Consideration 3 Agenda, which would be 1.1 consider, discuss and take 4 appropriate action to approve the Resolution and approve 5 Mercy Gate Ministries grant application for the County 6 Innovations grant to address commercial sexual 7 exploitation. Aubri Reed. I saw -- I saw her out in 8 the hall earlier. 9 MS. REED: Good morning. 10 JUDGE KELLY: Please identify yourself and 11 whose precinct you live in. 12 MS. REED: Yes. My name is Aubri Reed. I 13 am the outreach director and advocate for Advocacy 14 Resource Center, and I reside in Medina. We -- our 15 ministry is in Kerr County. 16 JUDGE KELLY: Okay. Very good. Proceed. 17 MS. REED: On the 27th we came before you to 18 announce a partnership opportunity through a County 19 grant. It's a County grant that's only available 20 through the County through a partnership with the 21 Governor's office for the County innovation to address 22 commercial sexual exploitation. The minimum grant was 23 $10,000.00. And we are asking for 30,000.00, 30,600.00 24 to be exact. 25 We are eligible for the innovation program 17 1 under that grant and our program, our effort is to bring 2 more prevention, education, training opportunities for 3 professionals and the community, and also advocacy to 4 connect those within the Court system to available 5 resources throughout the community and provide 6 relational advocacy. 7 JUDGE KELLY: Good. I know you've got two 8 other people with you. Are they intending to speak 9 also? 10 MS. REED: They're here to support and 11 answer any questions that I -- I may not know. 12 COMMISSIONER MOSER: What's the commitment 13 by the County to do this, and what's the downside? 14 MS. REED: There is no downside. The 15 commitment is a -- it's a one-year grant opportunity 16 that starts in October. And the only requirement from 17 the County is to submit reporting, which will be through 18 the County grant writer and Auditor, and we will help 19 provide all of the information that needs to be 20 imported. 21 JUDGE KELLY: They met with me last week. I 22 think it was last week. I lose track of time these 23 days. 24 MS. REED: The week before. We've been 25 working on the grant. 18 1 JUDGE KELLY: But basically what they're 2 asking us to do is we're going to do this as a partner 3 with them on the grant application and we'll be 4 responsible for the administration of the grant. But 5 the main act is to involve those folks in our criminal 6 justice system that are affected by sex trafficking, to 7 be put in touch with them so that they can interface 8 with us to provide services to the victims. And, of 9 course, we have -- we have our fair share of that. So 10 basically what they're doing is servicing the people 11 within our system. 12 MS. REED: Yeah. Thank you. 13 COMMISSIONER LETZ: My problem -- not a 14 problem. My question is on the second paragraph of the 15 Resolution. Generally we don't give that blanket 16 authority to the County Judge to have a hundred percent 17 authority and never bring it back to the Court. We 18 generally have grants that give the authority to apply 19 for it, and then once it comes back we can look at the 20 fine language of it and then the Court should authorize 21 usually -- and that's just the standard way we do it and 22 I would recommend we do this one the same way. 23 JUDGE KELLY: And so that y'all understand, 24 no one of us does any of these things unilaterally. 25 You've gotta come back to the entire court. 19 1 MS. REED: Okay. 2 JUDGE KELLY: And so we'll just revise the 3 wording on that to reflect the Court. 4 MS. REED: Yes. That's the final step in 5 our grant process, which is due on the 11th, is to have 6 the resolution to share partnership and support -- 7 (Phone ringing.) 8 MS. REED: -- from the County. 9 COMMISSIONER HARRIS: In that case, I would 10 move -- 11 (Phone ringing.) 12 COMMISSIONER HARRIS: -- for approval with 13 the change in the wording. 14 (Phone ringing.) 15 COMMISSIONER BELEW: I'll second that. 16 (Phone ringing.) 17 COMMISSIONER BELEW: You want to give me 18 that phone, Judge? 19 JUDGE KELLY: Crazy phone. I don't even 20 know how to turn off the phone. I apologize. 21 You made the motion? 22 COMMISSIONER HARRIS: Yes. 23 JUDGE KELLY: Motion was made by 24 Commissioner Harris and seconded by -- 25 COMMISSIONER MOSER: Belew. 20 1 JUDGE KELLY: -- Belew. This motion has 2 been made and seconded. Is there any other discussion 3 on approving the grant application by Mercy Gates? 4 Those in favor raise your hand. Okay. Unanimous, five 5 zero. Thank you, ladies. 6 MS. REED: Thank you so much for your time. 7 We appreciate it. 8 JUDGE KELLY: Let's move on to item 1.2 on 9 the agenda, which is to discuss the Town Hall Meeting on 10 January the 29th this past -- of this year, regarding 11 the West Texas Aggregate operations in Kerr County. 12 Commissioner Moser. 13 COMMISSIONER MOSER: Thank you, Judge. We 14 have a -- as probably most of you know, we have another 15 aggregate production operation in Precinct 2. We have 16 several there now. And this one has gotten the 17 attention of a lot of people in the community, not only 18 neighbors but -- but the City economic development and 19 other people. 20 So I had a Town Hall Meeting and I want to 21 give you a summary of a Town Hall Meeting a couple, ten 22 days or so. Had about 50 people there. And the purpose 23 of the meeting, of the Town Hall Meeting, was to 24 communicate the -- what the operator plans to do, and 25 what the concerns of the other part of the community is. 21 1 I think we've said it here, I've said it, a number of 2 people have. Nobody likes rock quarries except the 3 operator and the owner. Okay. But we all like 4 concrete. 5 So what the purpose of this was was to 6 communicate and give -- let everybody have a say in what 7 was going on and try to balance the activities in the 8 lives of people in the community. And I think it sums 9 up best as -- by a lady that used to be a Central Texas 10 quarry owner and operator. She's now a consultant. I'm 11 going to read what she says. 12 She says, It's an important responsibility 13 for all quarry operators to respect their community and 14 their neighbors. If they are -- if they are near 15 neighborhoods or whatever environment they're operating 16 in, they should respect those stakeholders, communicate 17 appropriately, and be transparent about everything 18 they're doing at their site. 19 So that sums up what this objective was. So 20 we had the operator there, West Texas Aggregate. They 21 have multiple operations around the State of Texas. 22 They're part owner in this property, okay, with a 23 partnership. They are the operators. They have, what, 24 about three and a half million dollars worth of 25 equipment there. They're producing a lot of rock, and 22 1 they crush it. And so there's some concerns. 2 There's concerns because of noise, which 3 there is noise. They're concerned about water from how 4 it may get back in the Guadalupe River. There's concern 5 by the airport and the proximity to the airport. And 6 the City of Kerrville has passed a Resolution -- not 7 challenging it, but voicing their concern about what 8 this quarry does to the economic development. As KEDC 9 has also done the same thing. 10 So West Texas Aggregate has agreed, and that 11 was what the -- hopefully they would agree to do, they 12 will meet with entities that have concerns. Five years 13 ago almost to the date, we had a similar meeting with 14 Martin Marietta when they started their operation, and 15 that worked very well. To my knowledge, in the last 16 three years, and they operate right next to Guadalupe 17 Heights, there have been no complaints with Martin 18 Marietta and their operations. Both noise, the time 19 that they work, etc., etc. At least, they haven't 20 complained to me. So I think that that's a pretty good 21 sign it was an effective meeting. I hope this meeting 22 we had the other day is as effective. 23 Case in point, the Airport Board would like 24 to meet with the operator. There's a couple concerns 25 that they have. Number one, dust and what it may 23 1 need -- mean to ingestion of dust into a jet engine. 2 Number two, the lights and if they'll interfere with 3 aircraft. And number three, if there's any radio 4 frequency signals coming out of the equipment that's 5 operating there that would affect aircraft navigation 6 systems. 7 So they're going to meet. Okay. They're 8 probably meeting with Zoom, but that proved that the 9 meeting was -- was effective. 10 There will be another public meeting on this 11 -- on West Texas Aggregate. West Texas Aggregate has 12 applied to TCEQ for an air quality permit for a 13 permanent rock crusher. And that gets everybody's 14 attention when it says permanent rock crusher. So that 15 meeting by TCEQ has not been scheduled. It will be. So 16 that will be -- be another follow on to the Town Hall 17 Meeting that we had. 18 The -- there's a group of about five or six 19 counties, sort of Travis County central to it, and they 20 form an organization called Texans For Responsible 21 Aggregate Mining. Acronym TRAM, T-R-A-M. They have a 22 whole list of best practices. I think they're in your 23 backup of what's -- they're not trying to mandate, but 24 try to work with community and the aggregate production 25 facility to do, so it's a least impact on the neighbors. 24 1 This particular operation, I've been through it. I went 2 over and met with them. I think they would be happy to 3 show it to anybody. They -- they have silting ponds 4 where they -- they reuse their water. Recycle the 5 water. So they have multiple ponds that they let the 6 silt settle out before they -- before they reuse it. 7 They take -- you know, from the river is where they get 8 their water, maybe 5000 gallons of water a day. So -- 9 anyway, I think -- I think it started off with a good -- 10 good session. Both the owners and the operators agree 11 to communicate with the people, and we'll see how it 12 goes. So that's it. 13 COMMISSIONER LETZ: Commissioner, did they 14 indicate the expected life of this quarry? 15 COMMISSIONER MOSER: They said it depends on 16 what the -- their customers want. They said six to 17 eight years. But it -- you know, they never know how 18 much concrete is going to be needed, so. And that's 19 prime -- their primary customer, I believe, is Ingram 20 Readymix. So that's -- 21 COMMISSIONER LETZ: Is that -- 22 JUDGE KELLY: Yeah. 23 COMMISSIONER LETZ: -- kind of like the 24 Martin Marietta, I think, was about the same period. 25 COMMISSIONER MOSER: Yeah. Martin Marietta, 25 1 I think was estimated a little bit longer than that. 2 But again, the function of -- how many -- how many tons 3 of gravel they sell. So that's it. Thank you, Judge. 4 JUDGE KELLY: Very good. Any other 5 discussion? Then let's move on to the next agenda item, 6 which is 1.3 discuss COVID-19 vaccine process in Uvalde. 7 COMMISSIONER MOSER: Thank you, Judge. I 8 bring this to the Court just as sharing of information. 9 And that's what it's about. As Don said earlier, and 10 it's around the State, a lot of people are frustrated 11 with the vaccine, and -- and not having it and the 12 implementation of administering it. So my wife and I 13 went online to Uvalde and -- a couple weeks ago and 14 registered. They -- when we -- we didn't have to talk 15 to anybody, we just registered online. They said we 16 don't have any vaccine but we'll let you know when we 17 get it. 18 So about three days later they sent an 19 e-mail, okay, saying we have the vaccine, you're 20 scheduled to get your vaccination on a certain date, 21 which was about the next week. Okay. So in less 22 than -- less than ten days from the time we registered 23 to the time we had the appointment. We went over, they 24 gave us the date, they gave us the choice of the time, 25 and when you go in to choose a time that you would like 26 1 to do it, it shows you how many slots they have 2 available, and how many have been taken already. 3 So we signed up for a particular time. Went 4 over, presented our driver's license to show who we 5 were. We'd already given the information that they 6 needed. It took about 30 minutes from the time we were 7 there. I mean, it was unbelievably -- unbelievably how 8 smooth the operation was. They -- after you get the 9 vaccine, they ask you to sit there for 15 minutes to 10 make sure you're there. They said they have evolved 11 their process over a time, they improve, improve, 12 improve on the thing. They probably had about 30 or 40 13 people working there to administer the vaccine, which I 14 thought was -- was very good. 15 So I just wanted to bring that. I know that 16 they're was a letter to the editor this weekend. I 17 think it almost cited exactly what I did, of the -- the 18 positive experience of going to Uvalde and getting that. 19 So I share that information, and I would encourage if 20 we're still in a learning process, talk to Uvalde and 21 see what they're doing, because it was very, very 22 effective. 23 I asked specifically if there was a person, 24 a person in charge. They said yes. They introduced me 25 to the young lady that was doing it. She was there on 27 1 the computer. And -- 2 COMMISSIONER BELEW: What's her capacity? 3 What's her office or title? 4 COMMISSIONER MOSER: She -- she -- I didn't 5 get that completely. She was with the hospital, okay. 6 So I believe that they're -- they're the hub. So -- 7 COMMISSIONER BELEW: Well, that -- that's 8 important. Because people think the County 9 Commissioners are supposed to be able to do this and 10 we're not. We don't have any control over it. We don't 11 have anything about implementation, delivery, execution, 12 nothing. So -- 13 COMMISSIONER MOSER: Yeah. I -- I hear a 14 lot of that same thing. I said sorry. You know. Don't 15 want to make an excuse, but don't have anything to do 16 with it, in charge of it. So anyway, Judge, that's -- I 17 just want just to share it and see if there's things 18 that we can benefit by what they're doing. So -- 19 JUDGE KELLY: Would you like to address the 20 Court? 21 MR. THOMAS: Yeah. Good morning, Judge. 22 Good morning, Commissioners. So kind of in light of 23 what Commissioner Moser has talked about. We took a 24 look at Uvalde Memorial's portal when we first started 25 out. HEB's website was -- had already been tested. It 28 1 would take as many as 4,000 to 6,000 appointments, and 2 we already had Code Red in -- in place. So that has 3 given us time to take a look at another -- at an 4 alternative method for registration. 5 And I've got Tracy Davis and Joe Piszczor 6 from Peterson Health to talk this morning about our new 7 process going forward. 8 MR. PISZCZOR: Good morning. My name is Joe 9 Piszczor, Senior Vice President of Operations at 10 Peterson Health. So as Dub said, we did have a chance 11 to visit -- I believe her name was Carla. I'm not sure 12 if that was who you had visited with at Uvalde. The 13 process that we have in place right now is very 14 efficient in terms of getting people in. 15 Last week we were able to take care of at 16 least 100 people at the First United Methodist Church 17 with the process that we set up. And that really went 18 off without a hitch. The biggest thing, as I think 19 you've alluded to, is -- is what Peterson or really 20 nobody has control over here in Kerr County, is getting 21 the vaccine. So that's been a source of frustration I 22 think for everybody. And I know Cory Edmondson, who's 23 our President and CEO, has been reaching out to several 24 folks at the State and many different levels to try and 25 get vaccine for Kerr County. 29 1 As Dub mentioned before, we are looking at a 2 process right now to be able to register folks similar 3 to what you experienced. Be able to be put on a waiting 4 list. And this was something that we talked about early 5 on. But again, HEB had a portal, a process already set 6 up that we knew would be effective and -- and that would 7 work. Part of the issue is if you have a waiting list 8 then the question is, that's great, you have a waiting 9 list but now what are you going to do with that? What's 10 your process afterwards? And so looking at just -- 11 whatever, be it a paper list or whatever the case may 12 be, trying to prioritize that list and I have to call 13 let's say if we got a thousand vaccines, we believe that 14 we could easily vaccinate a thousand people per day if 15 we had the vaccine with the current setup right now at 16 the church. 17 And so part of that, we don't necessarily 18 have the resources to be able to call a thousand people 19 to be able to try and schedule appointments and whatnot. 20 And so what we've been doing since day one is -- is 21 taking a look at all the different systems that we have 22 currently at Peterson, to see how can we streamline that 23 as best as possible so that we can not have to do a 24 whole lot of back work on the end. There's a lot of 25 reporting requirements with ImmTrac and State 30 1 requirements once you administer that vaccine that need 2 to happen. 3 When visiting with Uvalde, again, they've 4 got a great system. I think they've done a great job. 5 There are a lot of manual processes that they're doing. 6 They've got at least eight people on vaccine day that 7 are entering information into ImmTrac. The process that 8 we have set up and that we're going to be hopefully 9 moving forward with doesn't require anybody on the back 10 end to enter that information. 11 We've got -- our information technology will 12 allow that to happen seamlessly after the vaccine clinic 13 and not require additional resources to be able to make 14 that happen. 15 So hopefully we're testing out a 16 registration system that will look very similar to what 17 Uvalde has implemented. And hopefully, depending on 18 some feedback that we get and some other tests that we 19 need to do, again, we've got one shot to get this right. 20 And so we wanted to make sure that we don't just put 21 something out there and hope that it works, we want to 22 make sure that once we put this out that it's going to 23 work. And so the plan would be potentially tomorrow 24 morning that we could go live with that preregistration 25 site. And that would give people an opportunity again, 31 1 just to put their information in. We would have that 2 information so that if and when Kerr County or the 3 Peterson hub receives vaccine, we can then schedule 4 people just as they do in you Uvalde, send them an 5 appointment time by e-mail that would not require a 6 telephone call, and then would allow them to confirm 7 that appointment time as well. And that's really kind 8 of the process that we're going to be looking at. A 9 little bit different than the portal process, if you 10 will, this way people can -- can be put on that list, 11 and they're not necessarily having to be on HEB portal 12 where you have, you know, 50 plus different sites or 13 pharmacies on that same portal where people have access 14 to and are trying to register for. So we hope that this 15 will be an easier process. 16 Again, the biggest thing is just getting the 17 vaccine. So you can be on the list, but until we have 18 vaccine there's not much that we're going to be able to 19 do with that list. 20 COMMISSIONER MOSER: Well, I'm going to say 21 one thing. We never talked to a single person, okay, 22 until we got there. So it was all on computer. All on 23 the internet. And so it worked extremely well. As a 24 follow-up, and I failed to mention this, they gave me a 25 website to -- to -- on my app, on my phone -- 32 1 MR. PISZCZOR: BSafe? 2 COMMISSIONER MOSER: Yeah, right. What's it 3 called? 4 MR. PISZCZOR: BSafe. 5 COMMISSIONER MOSER: Every single day I get 6 a query, How am I doing? Do I have this? Do I have 7 this? So they're taking all that data, okay, and using 8 it someplace and that's probably at the Federal level. 9 MR. PISZCZOR: Yes, sir. 10 COMMISSIONER MOSER: So I think that that's 11 good. So I heard -- heard you mention, just as a 12 citizen, I heard you mention HEB. I heard Methodist 13 Church. I heard you mention Peterson. Who's in charge? 14 MR. PISZCZOR: We are all corroborating. 15 COMMISSIONER MOSER: Who is -- so is there 16 anybody in charge? 17 MS. DAVIS: Well, with Peterson -- 18 JUDGE KELLY: Let me address that. 19 MS. DAVIS: -- we were -- 20 COMMISSIONER MOSER: Okay. 21 JUDGE KELLY: Because I -- I've been 22 wrestling with this for weeks now. 23 COMMISSIONER MOSER: Okay. 24 JUDGE KELLY: DSHS is in charge. 25 COMMISSIONER MOSER: Who's in charge in the 33 1 County? 2 JUDGE KELLY: Well, at the County what DSHS 3 does, is they distribute the vaccine shipment to the 4 qualified providers. And we have half a dozen or so of 5 qualified providers, namely Peterson, HEB, CVS, 6 Walgreens, Walmart, Medical Art, Family Practice. 7 COMMISSIONER MOSER: Okay. 8 JUDGE KELLY: They're the ones who get -- 9 get the shipments. 10 COMMISSIONER MOSER: I see. Okay. 11 JUDGE KELLY: What -- what we're doing 12 collaboratively with the hospitals, with the City, with 13 the County, is we're standing up the max vaccination 14 clinics. This is something that we've had experience 15 for over a decade doing blood, flu clinic. We've done 16 this region wide. We've put shots in arms of over a 17 thousand people a day. And what we did last week at the 18 Methodist Church -- the Methodist Church is not in 19 charge. Trust me. They didn't know what to do with all 20 the calls. 21 But we have a group of the stakeholders, the 22 community leadership gets together every two weeks, and 23 they're the ones that try to guide this. But it's a 24 little bit like herding cats. At one point last week -- 25 early in the week we thought we were going to have 34 1 everybody pooling the vaccines that they were given. 2 And then by the end of the week, it was just Peterson 3 doing the 1A and then the HEB vaccines that were 4 administered by the mass vaccination clinic, that's 5 actually administered them for HEB so that they didn't 6 have to go on site, and all of that was done through 7 this collaborative effort. 8 MR. PISZCZOR: And we have a great working 9 relationship with Dub and with Chief Maloney with the 10 City, and so I actually wanted to thank as part of this 11 process for those folks, not everybody has internet. 12 And so, again, looking at, you know, how can we address 13 those folks who may not have internet access or any kind 14 of e-mail address, how are they going to sign up on this 15 list? 16 And so, Dub and the County has a call center 17 and so we're going to be utilizing that call center when 18 this preregistration portal goes live. That will be an 19 opportunity for those folks who may not be able to get 20 online, don't have an e-mail address, or are just not 21 technologically savvy to be able to utilize that call 22 center and they will be able to then register those 23 folks in that preregistration. 24 JUDGE KELLY: So this registration system 25 will be internet based predominantly? 35 1 MR. PISZCZOR: Yes, sir. 2 JUDGE KELLY: It would also be able to 3 handle those people that do not have access or 4 experience with the internet -- 5 COMMISSIONER MOSER: Okay. I might add one 6 other thing. I looked through -- we have an Emergency 7 Management Plan. It's between County, City and City of 8 Ingram. And it's this thick. (Indicating.) Okay? I 9 don't know how many appendices there are in there, I 10 think it goes all the way through -- 11 MR. THOMAS: There's 22 annexes. 12 COMMISSIONER MOSER: -- 22 annexes. Thank 13 you, Dub. We don't have one on pandemic. We have one 14 on terrorists. We have one on a lot of other things. I 15 would recommend that Dub and -- and the other Emergency 16 Management coordinator create an appendix that -- is 17 that what -- 18 MR. THOMAS: There's one in -- there's a -- 19 there's a pandemic plan in one of the annexes. 20 COMMISSIONER MOSER: Is that right? I -- 21 MR. THOMAS: Yeah. Yes, sir. 22 COMMISSIONER MOSER: -- I looked through it, 23 I didn't see it. 24 MR. THOMAS: You've got to look through it 25 all the way in the annexes but -- 36 1 COMMISSIONER MOSER: Okay. 2 MR. THOMAS: -- there's one in the health 3 and medical. 4 COMMISSIONER MOSER: Okay. Good deal. All 5 right. Super. Fantastic. Okay. 6 JUDGE KELLY: And Dub, if you would, look 7 through that and get a record so that every -- you can 8 get that information, Dub, so everybody can find that 9 in the -- 10 MR. THOMAS: Sure. 11 JUDGE KELLY: -- in the emergency management 12 plan. 13 COMMISSIONER MOSER: Yeah. Okay. 14 MR. THOMAS: Now just so -- just to clarify 15 just what you asked, Tom, at the operational level, 16 I'm -- I'm the County representative for that. 17 COMMISSIONER MOSER: Okay. 18 COMMISSIONER BELEW: So getting back to what 19 Tom said, in Uvalde apparently there's a single 20 individual -- 21 COMMISSIONER MOSER: That organized. 22 COMMISSIONER BELEW: -- that organized it. 23 COMMISSIONER MOSER: Yeah. 24 COMMISSIONER BELEW: Are we having issues 25 with that here? It sounds like it's a whole bunch of 37 1 firemen and not any chiefs. 2 MR. THOMAS: No, we've got an excellent 3 working relationship. 4 JUDGE KELLY: No. 5 COMMISSIONER BELEW: But who -- who's the 6 final say? You're the County -- 7 COMMISSIONER LETZ: I don't -- 8 JUDGE KELLY: Well, let me -- let me -- 9 COMMISSIONER BELEW: -- Emergency Management 10 Director. 11 MR. THOMAS: Correct. 12 COMMISSIONER BELEW: Is there a final say in 13 this County? 14 MR. THOMAS: I don't have the final say, no. 15 We all come to a collaborative agreement that's the best 16 way to handle anything that comes up. 17 COMMISSIONER BELEW: Who implemented that? 18 COMMISSIONER LETZ: I took -- well, I 19 think -- 20 MR. THOMAS: We all did. 21 COMMISSIONER LETZ: I think there's 22 something you're missing here and I'm not -- I'm 23 guessing this and I think I'm probably right. There's 24 an HEB in Uvalde. 25 COMMISSIONER MOSER: Yeah. 38 1 COMMISSIONER LETZ: I bet they're doing the 2 same thing. I mean, HEB is probably working with the 3 hospital there. I mean -- 4 COMMISSIONER MOSER: I don't think so. 5 (Talking over). 6 COMMISSIONER LETZ: HEB is a provider 7 statewide and they're getting the drugs statewide. 8 JUDGE KELLY: But let me point something 9 out. Kerr County does not have a public health 10 authority. Uvalde County does. 11 COMMISSIONER BELEW: There you go. 12 JUDGE KELLY: And that's where it's going 13 through. It's going through the State Public Health 14 authority. 15 COMMISSIONER MOSER: Aha. Okay. 16 MR. THOMAS: Right. 17 JUDGE KELLY: And hub. 18 COMMISSIONER MOSER: Okay. 19 COMMISSIONER BELEW: And when all this 20 started, I thought that was Dub in his office. That was 21 my understanding from all the discussions we had leading 22 up to all of this coordination. That it would end on 23 his desk. 24 JUDGE KELLY: He is the Emergency Management 25 Coordinator for Kerr County. 39 1 COMMISSIONER BELEW: Right. 2 JUDGE KELLY: Then we have Jerremy Hughes, 3 who is the Emergency Management Coordinator for the City 4 of Kerrville. And then -- help me with -- I can't 5 pronounce his name. There's a hospital -- Randy -- 6 COMMISSIONER MOSER: No, those are the only 7 two Emergency Management Coordinators. 8 JUDGE KELLY: Well, those are the emergency 9 coordinators but -- 10 COMMISSIONER MOSER: Right. 11 JUDGE KELLY: -- we also have the interface 12 with a number of others. 13 MR. PISZCZOR: Yeah, Randy Buhidar is 14 Emergency Management -- 15 COURT REPORTER: What was the name again? 16 MR. PISZCZOR: Randy Buhidar. 17 JUDGE KELLY: It's a hard name to spell. 18 But they work in conjunction with one another trying -- 19 and -- and that's what the meetings are for. Is to 20 coordinate. 21 COMMISSIONER MOSER: Okay. Well, thank you. 22 I just thought, you know, bringing this and share it. 23 I didn't know if everybody knew it, but now everybody -- 24 not everybody -- I learned in this county nobody knows 25 everything. It's hard to communicate. 40 1 COMMISSIONER LETZ: Judge, the County health 2 authority. What is -- what is that, and is it something 3 that we should look at? 4 JUDGE KELLY: It is something that has been 5 looked at prior to -- to me, to us, that we -- we 6 renewed the conversation on it last week about whether 7 or not we need to look into that and see if it would be 8 something we could do with the City and with the 9 hospital. 10 COMMISSIONER MOSER: You know, Judge, I -- 11 JUDGE KELLY: We'll look into it. 12 COMMISSIONER MOSER: -- I think there was 13 one thing that -- and Dub can expand on this. One of 14 the neat things about the emergency management plan that 15 we have, there's a matrix that has everybody in it. For 16 whatever the event is, it says this is in charge, here's 17 who support, here's who communicates -- 18 COMMISSIONER BELEW: Right. 19 COMMISSIONER MOSER: -- here's who does 20 every single one of those things. It was a big 21 improvement the last Emergency Management plan of -- 22 that Dub was instrumental in putting together. I think 23 that matrix is -- is very valuable, so I don't know if 24 we need to tweak that and -- and -- as far as pandemics 25 are concerned, if that needs to be more clear or if it 41 1 needs to be -- what you're talking about, a health 2 authority? 3 MRS. STEBBINS: It would be a really good 4 topic for another agenda item. Because this agenda item 5 is the vaccine process in Uvalde. 6 COMMISSIONER MOSER: Okay. Good deal. 7 Thank you. 8 MRS. STEBBINS: And it's all valuable 9 information. But it's a topic for another time. 10 COMMISSIONER MOSER: I appreciate that. So 11 I'll shut up. But thank you. Thank you, Heather. 12 COMMISSIONER LETZ: Can I -- 13 COMMISSIONER BELEW: Maybe. 14 COMMISSIONER LETZ: -- tell me if I can ask 15 this question. 16 (Laughter.) 17 COMMISSIONER BELEW: Ask it and see if he 18 answers it. 19 COMMISSIONER LETZ: Yeah. Because this is 20 in relationship to -- 21 COMMISSIONER MOSER: She keeps us out of 22 jail. 23 COMMISSIONER LETZ: -- it relates to 24 vaccinations that we've got in Kerr County. Did the 25 State file the State emergency management plan? Would 42 1 they go down to the County emergency management plans? 2 MR. THOMAS: I have no earthly idea what the 3 State did. 4 COMMISSIONER LETZ: Yeah. So I -- I was 5 just wondering if there's -- if there's a plan already 6 in place. But it didn't appear to me that it's 7 necessarily followed. The DSH -- or -- it just seems 8 odd. And DSHS is making all of the decisions, it 9 appears. 10 COMMISSIONER MOSER: Uh-huh. 11 JUDGE KELLY: And the Governor issued, what 12 was it, GA 32, whatever the order number is, he -- he 13 took away all the emergency powers of the local 14 governmental officials, from the County Judge to the 15 Mayors, to not be any more than what he ordered. He -- 16 he is the one who supervises DSHS, the DSHS. 17 So the order is coming from the Governor's 18 mansion to DSHS, to whether it's a public health 19 authority, but to all of these providers. And it's the 20 providers that get the vaccine, it is not the County. 21 It is not the City. We don't get the vaccine. Peterson 22 gets the vaccine. And Peterson -- this past week when 23 we set up that mass vaccination clinic, they have 24 completed our 1A vaccination. So we have finally gotten 25 all of our 1A done, it was about 3400 here in the county 43 1 that DSHS says we have. So now we're focused 2 primarily -- not primarily, almost exclusively on phase 3 1B, which is people over 65 or over 16 with 4 comorbidities. And some of the essential workers. 5 MR. PISZCZOR: If I can just add one thing. 6 So between last Wednesday and Thursday, between the 7 vaccines that Peterson was allocated and the vaccine 8 that HEB was allocated, we were able to vaccinate over 9 700 people. So again, it's not a matter of process or 10 who's in control, again, it's a collaborative effort. 11 We all have resources and so everybody coming to the 12 table will be able to make that happen. It's what makes 13 that successful. So now it's just a matter of getting 14 the vaccine in order for us to be able to vaccinate 15 those wishing to be vaccinated. 16 COMMISSIONER MOSER: Is there anything to be 17 done on that? Because I know we got 700 vaccines -- 18 vaccination vials. Uvalde, which has half the 19 population, got 790. 20 JUDGE KELLY: We actually got 1400. But 21 they went to different providers, Commissioner Moser. 22 COMMISSIONER MOSER: Okay. 23 JUDGE KELLY: The 700 that you're talking 24 about, that was between HEB and Peterson exclusively. 25 MR. THOMAS: Correct. 44 1 COMMISSIONER MOSER: Okay. 2 JUDGE KELLY: Walmart is doing their own. 3 Walgreens is doing their own. 4 MR. THOMAS: Walmart -- Walgreens had 200. 5 And CVS had 200 as well. 6 JUDGE KELLY: The local office here in -- 7 the Department of State Health Services, they got 200. 8 MR. THOMAS: 200. 9 COMMISSIONER MOSER: So Code Red is still 10 the way people know about the thing or is it going to 11 change tomorrow or -- 12 MR. THOMAS: It's going to be changed. 13 COMMISSIONER MOSER: Okay. 14 MR. THOMAS: So we're -- we're looking at 15 publicizing all the information about the Peterson 16 Regional website and that phone number. The phone 17 numbers for the call center is still valid. So that, 18 like Joe said, those folks that don't have Internet 19 access or are just not comfortable using the Internet 20 can call and we'll be able to access their system and 21 get them preregistered. 22 COMMISSIONER MOSER: Okay. Good deal. 23 COMMISSIONER BELEW: Will we have a press 24 release on that? 25 MR. THOMAS: There will be a press release. 45 1 Yes, sir. 2 COMMISSIONER BELEW: So to what will Code 3 Red direct somebody? To that number at least and 4 have -- 5 MR. THOMAS: I can do a Code Red and put the 6 website address, the web address for Peterson Regional 7 as well as the call center number again as soon as we 8 have all of that available. 9 COMMISSIONER BELEW: You can't just abandon 10 that. 11 MR. THOMAS: No, no, no. And that -- that 12 process is probably still going to be in place with HEB 13 if they get a number of vaccines and can't transfer them 14 to Peterson or something like that. So -- 15 COMMISSIONER BELEW: I'm all for 16 decentralization, but I also like the idea that you have 17 a little sign that says the buck stops here. You know. 18 That's why Harry Truman had that. Somebody had to be in 19 charge. 20 COMMISSIONER MOSER: Heather's talking to 21 you. 22 MRS. STEBBINS: Stop. 23 COMMISSIONER BELEW: I asked earlier if you 24 were going to -- 25 (Talking over). 46 1 MRS. STEBBINS: This would be great for -- 2 JUDGE KELLY: We're off topic. We need to 3 get back on track. Not the topic of Uvalde, how's that? 4 MRS. STEBBINS: Let's do. 5 COMMISSIONER MOSER: All right. Good deal. 6 Thank you. 7 JUDGE KELLY: Okay. Sheriff, could you see 8 if Miss Peter is out in the hall, and call Item 1.4 9 consider, discuss and take appropriate action to approve 10 the VOCA (Victims of Crime Act) grant application for 11 submission. Miss Peter. 12 MISS PETER: Good morning, gentlemen. I 13 come to you this morning asking that we go ahead and 14 submit the final copy. I believe you received it via 15 e-mail as well as a hard copy. It is due on February 16 the 11th, so this is our last meeting before then. 17 COMMISSIONER BELEW: I move for approval. 18 JUDGE KELLY: And it -- okay, we've got a 19 motion. 20 COMMISSIONER HARRIS: Second. 21 JUDGE KELLY: We got a second. Commissioner 22 Belew has made the motion, Commissioner Harris has 23 second. This is the same grant we submitted last year's 24 basically? 25 MISS PETER: Basically the same exact thing, 47 1 except for a little bit in office supplies and we 2 removed a program that we were using that we're not 3 utilizing as much as we thought we would. So we took 4 that out as a way to cut it a little bit. 5 JUDGE KELLY: Okay. Is there any other 6 discussion? 7 COMMISSIONER LETZ: Is there -- is the total 8 amount the same as last year? 9 MISS PETER: Not exactly, but very close. 10 COMMISSIONER LETZ: Very close? 11 MISS PETER: Yes, sir. 12 JUDGE KELLY: Essentially the same. 13 MISS PETER: Essentially the same. Except 14 for really those two things I mentioned. 15 COMMISSIONER LETZ: Okay. 16 JUDGE KELLY: Okay. There being no other 17 discussion, those in favor raise your hand. Unanimous, 18 five zero. Thank you, Miss Peter. 19 MISS PETER: Thank you. 20 JUDGE KELLY: Item 1.5 -- where are we on 21 our time? Consider, discuss and take appropriate action 22 to approve an updated job description. 23 MRS. DOSS: Yes. We have four job 24 descriptions that were in your packet. I'm just asking 25 for approval. 48 1 COMMISSIONER MOSER: Move for approval. 2 COMMISSIONER LETZ: Second. 3 JUDGE KELLY: Motion's been made by 4 Commissioner Moser, seconded by Commissioner Letz to 5 approve the revised job descriptions as presented. Is 6 there any discussion? 7 COMMISSIONER LETZ: Can you give us the 8 changes on each one of these? 9 MRS. DOSS: The Deputy Treasurer -- the 10 Chief Deputy Treasurer position, I can't really speak to 11 that. You'll need to talk to Tracy about that. 12 The HR Director position, just takes into 13 account that now supervises Indigent Health. And 14 Indigent Health Specialist is also assisting in certain 15 HR tasks, which kind of changed HR Generalist position 16 as well, from primary to backup. 17 COMMISSIONER BELEW: So for the record, can 18 you tell us what the changes are? Can you read the new 19 job descriptions? 20 MRS. DOSS: Well, I mean -- 21 JUDGE KELLY: You can read them but they're 22 in your packet. 23 COMMISSIONER BELEW: You're telling us what 24 it entails, you're not telling us what it's now called. 25 MRS. DOSS: Right. 49 1 COMMISSIONER BELEW: It's a job description. 2 MRS. DOSS: Right. 3 COMMISSIONER BELEW: Does the job title 4 remain the same? 5 MRS. DOSS: The job title for the HR 6 Director changes from the Director of HR to the Director 7 of HR and Indigent Health. 8 COMMISSIONER BELEW: Okay. 9 MRS. DOSS: I think the HR Generalist, we -- 10 we put -- we added the word generalist with HR 11 Assistant, I believe. And then with Indigent Health, we 12 have Indigent Health Specialist, slash, HR Assistant. 13 But the Deputy Treasurer position did not -- title did 14 not change. 15 COMMISSIONER BELEW: Your title stays the 16 same, Tracy? 17 MS. SOLDAN: Yes. 18 COMMISSIONER BELEW: Okay. 19 COMMISSIONER LETZ: My only question is, are 20 we going to have more of these coming up through the 21 salary survey and through other things? 22 MRS. DOSS: No. They did not really study 23 the job descriptions. They're going to have several 24 title change recommendations. But just -- just, you 25 know, like if there's a position one, two, three, 50 1 they're going to remove the one, two, and three and 2 replace it with senior -- you know, I don't know -- just 3 different words to replace one, two, three. And there's 4 several other changes that they're going to recommend. 5 Not that we have to agree to it. 6 COMMISSIONER BELEW: All right. So the idea 7 with this is that it'll be more obvious when you see 8 somebody's job title really what they do? 9 MRS. DOSS: Correct. 10 COMMISSIONER LETZ: My only question is that 11 we're -- it's a pretty big change on Indigent Health. 12 To have this person be also HR, that's -- that's -- 13 that's a big change. It's not just a word change. I 14 understand that it may be more accurate for what we're 15 doing right now, but that's all -- that department, 16 Indigent Health, has kind of been a floating department. 17 We've kept it and it's been put in various 18 departments based on other reasons. And I just -- you 19 know, I -- I don't mind making the changes, but they're 20 not necessarily memorializing that this is the way it's 21 always going to be. 22 COMMISSIONER MOSER: I looked at it in light 23 of what it was when I read the job description. So I 24 agree with you. 25 MRS. DOSS: Well, just the fact that it was 51 1 moved under HR, people come in the HR office and if two 2 other people are in the restroom or one is at lunch, the 3 indigent health person is helping in HR matters. Just 4 by the fact that she's there. 5 COMMISSIONER MOSER: Right. 6 COMMISSIONER LETZ: And the reason is, is 7 just the word fits best as to the issue we have two 8 other departments that do similar functions and at some 9 point I think the thought was, and the law has changed, 10 at one point when we reached I think it was 50,000, we 11 would have to have a -- what's Terry do? What's Terry's 12 title upstairs, Terry Lyle? 13 COMMISSIONER MOSER: Oh, the -- the. 14 COMMISSIONER LETZ: Collections. 15 COMMISSIONER MOSER: Collections. Yeah. 16 COMMISSIONER LETZ: The collections people 17 had -- were required -- I believe the law changed to 18 raise that cap to 75,000 so you know, it would have -- 19 we thought -- or at least I thought it would make sense 20 to put all that together once we had to create that 21 department. The law changed so we don't have to create 22 that department, but that doesn't mean that we shouldn't 23 do it at some point. But anyway, that's my only 24 thoughts. So I have no problem approving them. But 25 understand that this is not in stone as to how some of 52 1 these departments are organized. 2 MRS. DOSS: Right. You know, but the way I 3 see job descriptions they're ever changing. Depending 4 on the nature of what the person in that position is 5 doing, they can always be updated. 6 COMMISSIONER MOSER: Okay. 7 JUDGE KELLY: But my concern is, that we 8 didn't really discuss this before we got here today. 9 And with regard to indigent defense, indigent health, 10 indigency is a very important criteria for our programs 11 here at the courthouse. And with the new Public 12 Defender's Office, we're going to have a tremendous 13 influx of indigency issues. And whether or not we 14 consolidate those between indigent defense in criminal 15 cases, as well as indigent health because we are working 16 with that Federal poverty line that determines 17 indigency, I really would like to discuss that, among 18 others, as a court. 19 Are we ready to make this decision? Because 20 this is a step that I didn't foresee coming. That we 21 were going to move indigent -- indigency into HR 22 altogether. We had it up in the District Clerk's office 23 before. These are -- these are things that I would like 24 for us to be able to discuss before we make the decision 25 if we're going to keep indigency in HR. 53 1 MRS. DOSS: Well, indigent health has been 2 in HR since, like, July of '18, I believe. 3 JUDGE KELLY: I'm aware of that. 4 MRS. DOSS: Okay. 5 JUDGE KELLY: But that doesn't mean that 6 it's etched in stone and we're getting ready to embark 7 on a whole new era of indigency. Maybe -- the 8 application is going to have to be reviewed. And I 9 certainly don't want to have multiple people determining 10 indigency determination. I'd rather see that as a 11 consolidated function. 12 COMMISSIONER BELEW: Well, I don't see how 13 one touches on the other. 14 JUDGE KELLY: They use the same Federal 15 standards of poverty. 16 COMMISSIONER MOSER: Well, I think -- I 17 think what this is, this is the way it's working right 18 now. I think Commissioner Letz said not cast in stone. 19 We probably oughta look at this in light of what you're 20 saying also, Judge. But this is the way it is right 21 now. 22 MRS. DOSS: Right. This makes what the 23 position is doing -- 24 COMMISSIONER MOSER: Right. 25 MRS. DOSS: -- right now and has been doing 54 1 for the last year. 2 COMMISSIONER MOSER: So we have a job 3 description -- 4 MRS. DOSS: Right. 5 COMMISSIONER MOSER: -- that reflects the 6 way we're -- 7 MRS. DOSS: Right. 8 COMMISSIONER MOSER: -- working right now. 9 MRS. DOSS: It's good now. 10 COMMISSIONER MOSER: We may change that. 11 Correct. 12 MRS. DOSS: If not, we can change it. 13 COMMISSIONER BELEW: But to clarify what I 14 was trying to say, I don't see what HR has to do with 15 the other department. That seems like something that we 16 need somebody for -- 17 COMMISSIONER MOSER: Just the way it's -- 18 COMMISSIONER BELEW: -- now like indigency. 19 COMMISSIONER MOSER: -- working right now. 20 COMMISSIONER BELEW: I understand how we're 21 operating right now. 22 JUDGE KELLY: And I -- and I -- 23 COMMISSIONER BELEW: But one does not 24 connect with the other in my mind. 25 COMMISSIONER LETZ: You mean -- you're 55 1 saying that HR and indigency doesn't fit. 2 COMMISSIONER BELEW: No. 3 COMMISSIONER LETZ: Right. 4 COMMISSIONER BELEW: They don't. And this 5 is just -- 6 COMMISSIONER LETZ: Right. 7 COMMISSIONER BELEW: You know, this just 8 walked in the door like she said. We're going to make a 9 change in this because two people went to the bathroom 10 at the same time. 11 JUDGE KELLY: Well, I -- I was sitting in 12 the bleachers back when this happened. And I remember 13 the reason that it happened back then. Because this 14 was, what, back in '18? 15 COMMISSIONER MOSER: Uh-huh. Yeah. 16 JUDGE KELLY: And so its worked well. 17 There's no complaints, Miss Doss, at all. 18 MRS. DOSS: Yeah. 19 JUDGE KELLY: What we're looking at, though, 20 is there may be a bigger picture assignment for how we 21 determine indigency and what department does it. 22 COMMISSIONER BELEW: I think there will be. 23 MRS. DOSS: And I'm also -- I'm also a big 24 believer in cross-training and, you know, we have a 25 position that wants to learn more and I'm not going to 56 1 say no. And so she's been very valuable in the 2 cross-training procedure. 3 COMMISSIONER LETZ: I mean, I think -- I 4 have no problem with approving it now with all that's 5 been said, that we really -- 6 COMMISSIONER MOSER: Right. 7 COMMISSIONER LETZ: -- need to look at this 8 and there may be a reorganization that changes this. 9 But I think it's also important that we do have our job 10 descriptions to match what people are doing. 11 COMMISSIONER MOSER: That's the -- that's 12 the subject today. 13 MRS. DOSS: Right. 14 COMMISSIONER LETZ: For the -- and today, 15 the job -- the new job description is accurate for 16 today. 17 JUDGE KELLY: I agree with that. 18 MRS. STEBBINS: I have a question. It may 19 be more of a Tanya question. But Indigent Health has 20 not historically done HR functions. Is that because the 21 Indigent Health Department is funded differently? 22 MRS. SHELTON: It's a separate fund. 23 MRS. STEBBINS: Does this complicate things 24 having the Indigent Health Department now doing HR 25 functions? 57 1 MRS. SHELTON: We will need to look at the 2 allocation of what's being charged to Fund 10 and what's 3 being charged to Fund 50. For instance, I know Joy in 4 the Auditor's Office also performs functions for 5 indigent health care. So at some point we're going to 6 have to look at it. It's been minimal, I would say, as 7 far as the actual -- how much time everyone is spending, 8 so we'd have to do some type of time study. 9 MRS. DOSS: You know, I perform Indigent 10 Health functions as well and I'm -- 11 MRS. STEBBINS: It complicates it. It 12 changed to -- the job description complicates the 13 Indigent Health funding. 14 MRS. SHELTON: I don't think it's the 15 funding as such. We put taxes into -- property taxes 16 are allocated to Fund 50. I'd need to go back and look 17 at Fund 50 in more detail. But the majority of those, I 18 think, is from taxes. 19 MRS. STEBBINS: Okay. But so there could be 20 a reason that in the past they haven't been performing 21 HR functions as a general function. 22 COMMISSIONER LETZ: I don't think that was 23 the reason. I think the reason is that it doesn't -- 24 Indigent Health care didn't fit anywhere real clearly. 25 And -- and that's -- and so it's -- it's moved around a 58 1 little bit. Because prior to having -- to doing the 2 service in-house, it was done elsewhere. And it was 3 costing the County close to a million dollars a year and 4 we cut it down to less than a hundred thousand a year 5 because we're very strict on what the qualifications 6 are. So we definitely want to keep it in-house because 7 it's saving us a lot of money. 8 COMMISSIONER MOSER: Right. 9 COMMISSIONER LETZ: Where it needs to be, 10 it's always been kind of fitting in various spots, but 11 as the Judge said, with the new indigent defense issue 12 there may make a lot of sense to consolidate. But we 13 haven't got -- yeah, we haven't got there yet. So, you 14 know, for right now like I said, I don't have any 15 problem with this right now. But this may be part of 16 the reorganization coming up. 17 MRS. SHELTON: And it is very specialized, 18 is part of the issue there. 19 JUDGE KELLY: And it is. And -- and for 20 those of you that didn't hear what the County Clerk had 21 to say, they work with indigency issues also. And all 22 I'm saying is that HR is one thing. The whole criteria 23 and how to determine indigency is another. 24 COMMISSIONER BELEW: Yeah. 25 JUDGE KELLY: And we're kind of blending 59 1 apples and oranges here. And because that's the way its 2 been done. You're just proposing that we qualify what 3 we're doing. And all I'm saying is that might not be 4 the way we want to do it going forward at some point. 5 But as long as we all understand that we may come back 6 and revisit how we can handle indigency, whether it's 7 health or defense. And I'm fine with it. 8 COMMISSIONER BELEW: It seems clearer to me 9 if it was all under one heading. If you just had an 10 indigency department and it's legal, it's help, and 11 wherever that might expand into. 12 JUDGE KELLY: I'm leaning that way, too. 13 But we're not there yet. Any other discussion? Those 14 in favor raise your hand. Unanimous. 15 MRS. DOSS: Thank you. Sorry that was so 16 complicated. 17 JUDGE KELLY: Miss Soldan, get to you 18 quickly on the next item on 1.6 -- or one point -- yeah, 19 six. Consider, discuss and take appropriate action to 20 open, review, and accept bid proposals for depository 21 and banking services. 22 MRS. SOLDAN: Good morning. I think 23 Commissioner Letz has the bids. 24 COMMISSIONER LETZ: I think this is the 25 right box. 60 1 JUDGE KELLY: Is this going to take long? 2 MRS. SOLDAN: I don't think so. 3 COMMISSIONER LETZ: We'll just open them and 4 read. 5 MRS. SOLDAN: Some of them have two. 6 COMMISSIONER MOSER: Depends on how many 7 we've got. 8 COMMISSIONER LETZ: And, you know, it's 9 really -- not really practical to read much more than 10 the name into the record. At that point we can defer -- 11 we have one proposal from Security State Bank and Trust. 12 We have a proposal from Happy State Bank. Then we have 13 a proposal from Broadway Bank. And I'll make a motion 14 that we accept all three proposals. They're very 15 lengthy, and refer them to the Treasurer for review and 16 recommendations. And certainly feel free to contact or 17 include any others in that evaluation. 18 MRS. SOLDAN: And Patterson and Associates 19 will actually be doing the analysis. 20 COMMISSIONER LETZ: Okay. 21 COMMISSIONER HARRIS: Second. 22 COMMISSIONER LETZ: I'll defer to you. 23 Whatever you feel. 24 MRS. SOLDAN: Thank you. 25 JUDGE KELLY: Motion's been made by 61 1 Commissioner Letz, seconded by Commissioner Harris to 2 accept the bids as presented. Any questions? Those in 3 favor raise your hand. Unanimous, five zero. 4 MRS. SOLDAN: Thank you. 5 JUDGE KELLY: Thank you. At this time, I'm 6 going to -- it's ten o'clock. We're going to take about 7 a five minute -- ten minute break. Let's come back at 8 10:10. And at that time, we're going to take up the 9 timed 9:30 item and I apologize for that delay. 10 That will be item 1.7. And for those of you 11 out there, we will then go directly into the timed items 12 beginning at 10 o'clock and we'll come back and revisit 13 items 1.8 through 1.11 after we've finished the timed 14 items. 15 Court will be in recess. 16 (Recess). 17 (1.7 Consider, discuss and take appropriate 18 action regarding Resolution in support of proposed 19 affordable development "The Reserves at Holdsworth".) 20 (Proceedings started without Court 21 Reporter.) 22 MR. GILLAM: -- in this region that -- that 23 Kerrville competes again; however, the qualification 24 plans change every single year. So just because you 25 score or you can get funded this year in Kerrville does 62 1 not mean next year. There's a high likelihood that if 2 this community becomes reality, which we think it would, 3 Kerrville would not be up for having this availability 4 funding for -- for quite some time. So it's kind of a 5 -- an opportunity now, but it's not one that exists year 6 after year after year. You know, there's a lot of 7 communities that want this and they just -- they can't 8 get it because they don't score. 9 So this would be a 48 unit development on 10 Holdsworth Drive -- or I'm sorry, 43 units. And this 11 would be roughly a $10 million investment. Again one, 12 two, and three-bedroom units. Rents, you know, roughly 13 averaging around the $500 range but all the way up to 14 $860. 15 COMMISSIONER BELEW: Is this subsidized? 16 MR. GILLAM: It's not subsidized. So this 17 is where it gets a little bit tricky. So this 18 particular program was started under the Reagan 19 administration in '86. And it was to incentivize the 20 private sector to develop for the public. And so I'm 21 incentivized by these tax credits which allow me to have 22 a lower permanent debt on the property. So then I lock 23 in any land use restricted agreement the rent schedule 24 with the State. So these are federal tax credits. 25 The program, again, is a very bipartisan 63 1 support because of the combination. So -- so it -- it 2 gets tricky because I tell people it's technically not 3 subsidized. So as you make -- if you were to make less 4 money, you don't pay less in rent. You have to have a 5 job. You have to be able to show that you are paying no 6 more than 30 percent of -- of your income to this rent. 7 So that's how -- and it's administered by the IRS. So 8 -- they -- they don't mess around. But as I said, the 9 rents do actually go all the way up to about $900, so -- 10 COMMISSIONER MOSER: All rentals? 11 MR. GILLAM: What's that? 12 COMMISSIONER MOSER: They are all rental? 13 MR. GILLAM: That's correct. All rental. 14 No for sale. 15 COMMISSIONER MOSER: Yeah. 16 COMMISSIONER HARRIS: And they start at 500? 17 MR. GILLAM: So there's actually a couple 18 units. So -- so we target area median income and parts 19 of the area median income. So we have two of the -- two 20 of the units are targeted at 30 percent. So those are, 21 you know, roughly $300, $369 a month. And then, the 22 next level above that starts at 516. So you have two 23 units at 300 and then all the others start at roughly 24 516 and go all the way up to, you know, $863 a month. 25 COMMISSIONER HARRIS: Sure. Well, what's 64 1 the percentages of -- well, you've got some of these at 2 the bottom that -- 3 MR. GILLAM: Sure. So we have two units at 4 30 percent of the area median income. We have four 5 units at 50 percent of the area median income. And then 6 we have the bulk of the rest, you know, basically the 7 balance at 60 percent of the area median income. And 8 then we have 15 units that are market rate, which 9 anybody can live there. It's completely unrestricted. 10 COMMISSIONER MOSER: And there are 43 units. 11 Is that right? 12 MR. GILLAM: That's correct. 13 COMMISSIONER MOSER: And they're all single 14 family dwellings? 15 MR. GILLAM: They're -- they're all 16 apartments. 17 COMMISSIONER MOSER: Apartments. 18 MR. GILLAM: Yep. So -- 19 COMMISSIONER MOSER: Okay. Sorry. 20 MR. GILLAM: -- three-story apartment homes. 21 COMMISSIONER MOSER: Oh, okay. 22 MR. GILLAM: You know, while this is, you 23 know, multi-family, our communities around Texas really 24 kind of trend toward having a 30 to 35 percent senior 25 population in them, even though -- 65 1 COMMISSIONER MOSER: Good. 2 MR. GILLAM: -- they're not targeted 3 specifically to -- 4 COMMISSIONER MOSER: Yeah. Good. 5 MR. GILLAM: -- that same thing. 6 COMMISSIONER BELEW: When you say, "area 7 median income," would you define that? 8 MR. GILLAM: Sure. So the area median 9 income is by county by county basis. So this is -- 10 basically you're taking your average income of the 11 County for a single person, a family of two, family of 12 three, family of four. And then that is how the -- the 13 -- so when I say 60 percent, if your -- your area median 14 income was $80,000, take 60 percent of that and that was 15 how they would qualify. 16 COMMISSIONER BELEW: Okay. 17 COMMISSIONER LETZ: Have you taken -- or do 18 you need a resolution from the City as well? 19 MR. GILLAM: Yep. I am before them tomorrow 20 evening. And they have been very supportive. I've had 21 a lot of conversations with the City Commissioners. And 22 this is actually something that they've identified that 23 they've been trying to do. And actively -- 24 (Beautiful dog enters courtroom door.) 25 MR. GILLAM: That's a pretty good show dog 66 1 right there. 2 MRS. STEBBINS: Buster's here. 3 MR. GILLAM: So yes, this is something we've 4 had active conversations with them about. They're very 5 supportive of the senior deal as -- as well. They have 6 told me that this is something they -- they're actively 7 working on, you know, talking about and -- and, you 8 know, they've been doing this with the workforce site as 9 well, trying to find a solution. 10 COMMISSIONER BELEW: Well, I move for 11 approval. 12 COMMISSIONER LETZ: Second. 13 JUDGE KELLY: Motion's been made by 14 Commissioner Belew, seconded by Commissioner Letz to 15 approve the Resolution in support of the proposed 16 affordable development "The Reserves at Holdsworth." 17 JUDGE KELLY: Any other discussion? 18 COMMISSIONER MOSER: I have a general 19 question. When you design and build something like 20 this, what do you -- what do you project is the life of 21 the project? 22 MR. GILLAM: Sure. So it's an interesting 23 question and I'll -- I'll tell you why. So I am 24 required to own this community. I'm not allowed to sell 25 it for a period of 40 years. So there's a land use 67 1 restrictive agreement in place. 2 COMMISSIONER MOSER: For how many, 40? 3 MR. GILLAM: 40 years. 4 COMMISSIONER MOSER: 40 years. Wow. You'll 5 be ready to retire by then. 6 MR. GILLAM: So -- 7 COMMISSIONER BELEW: You'll be my age then. 8 MR. GILLAM: Let's hope. You know, so I 9 have -- I have another business partner who is in his 10 mid fifties and he jokingly says that his kids are going 11 to have to, you know, deal with these things because 12 we're not allowed to sell them. So when we build 13 them -- 14 COMMISSIONER MOSER: Okay. 15 MR. GILLAM: -- you know, I come from a 16 family of architects so I'm kind of programmed to think, 17 you know, design of buildings. 18 COMMISSIONER MOSER: Right. 19 MR. GILLAM: The thing that's great about 20 this program is you're actually incentivized to build 21 the nicest product you can. 22 COMMISSIONER MOSER: Okay. 23 MR. GILLAM: So all the exteriors, we have 24 35 percent stone on the building. That is something 25 that we never stray from. All of the siding is Hardie 68 1 Board so it's a cementitious siding. We put duration 2 paint from Sherman Williams on, which is a lifetime 3 paint product. So I'm incentivized to make sure that 4 these are built so that four years from now I actually 5 have something when it becomes unrestricted and -- 6 COMMISSIONER MOSER: That shows it. 7 MR. GILLAM: -- I can renovate it. And so 8 -- so I am -- it's in my best interest to build it as 9 well as I can for -- for the long term, but then 10 maintain it, keep it at a very high level. 11 COMMISSIONER MOSER: Good. I didn't realize 12 that. Good. Very good. 13 JUDGE KELLY: These are back when we had the 14 smart government programs. 15 MR. GILLAM: It was -- you know, honestly, 16 1986, when -- when the Reagan administration put this in 17 place, I don't think they had any idea how successful it 18 would be. It's -- it's talked about quite frequently as 19 being the most successful government program to date 20 because of the partnership between private and public. 21 And -- and how they have me for 40 years and that I sign 22 personal guarantees that say that, you know, if the roof 23 needs repair and the property doesn't have the finance 24 to do it, they come and they literally extract it from 25 me because I have the first lien on the note for 69 1 everything. 2 COMMISSIONER MOSER: Okay. Very good. 3 Super. 4 COMMISSIONER HARRIS: Good to know. 5 JUDGE KELLY: Well, welcome. 6 MR. GILLAM: Yeah. Thank you. So when I 7 tell people I'm -- I'm making an investment in the 8 community, I'm not lying. I'm here for a while. 9 JUDGE KELLY: So those in favor of the 10 Resolution raise your hand. Unanimous. Thank you very 11 much. 12 MR. GILLAM: Thank you. Appreciate your 13 time. All right. Take care. 14 JUDGE KELLY: I apologize for those 15 following the agenda. We're going to fast-forward to 16 the 10:00 timed items. We're a little bit behind as you 17 can see. 18 The next agenda item would be 1.12 consider, 19 discuss and take appropriate action for the Court to 20 approve a Revision of Plat for Kerr Vista Ranch Section 21 4, Lots 15, 16, and 17. Charlie Hastings. 22 MR. HASTINGS: Thank you, Judge. A public 23 hearing was conducted on January 25th, 2021. And this 24 proposal revises Lots 15, 16, and 17 into Lot 15R and 25 Lot 16R. Both of those are larger than ten acres. 70 1 County Engineer requests the Court approve a Revision of 2 Plat to Kerr Vista Ranch Section 4, Lots 15, 16, and 17, 3 Block B, Volume 5, Page 237. Precinct 4. 4 COMMISSIONER HARRIS: I move for approval. 5 COMMISSIONER BELEW: Second. 6 JUDGE KELLY: Motion's been made by 7 Commissioner Harris to approve the request, and seconded 8 by Commissioner Belew. Any other discussion? Those in 9 favor raise your hand. Unanimous, five zero. 10 Move on to the next agenda item which would 11 be 1.13, which is a public hearing for a Revision of 12 Plat for the Paradocs Retreat, Lot 1. 13 So the Court will convene a public hearing. 14 Is there anyone who would like to speak with regard to 15 the plat for Paradocs Retreat, Lot 1? 16 There being no one, we will adjourn the 17 public meeting and we'll move on to agenda item 1.14, 18 which is to consider, discuss and take appropriate 19 action for the Court to approve a Revision of Plat for 20 Paradocs Retreat, Lot 1. Charlie Hastings. 21 MR. HASTINGS: Thank you. We just held a 22 public hearing. This proposal divides Paradocs Retreat 23 Lot 1 into two lots. Lot 1A will be 5.1 acres and 24 Lot 1B will be 6.4 acres. Both lots will front FM 1340. 25 Proposed driveways will require permits from TxDOT. 71 1 Both lots are in the floodplain and must meet 2 requirements for development within the floodplain. 3 County Engineer requests the Court approve a Revision of 4 Plat for Paradocs Retreat, Lot 1, Plat File No. 14-6816, 5 Precinct 4. 6 COMMISSIONER HARRIS: I move for approval. 7 COMMISSIONER MOSER: Second. 8 JUDGE KELLY: Motion made by Commissioner 9 Harris, seconded by Commissioner Moser to approve the 10 Revision of Plat for Paradocs Retreat, Lot 1. Any 11 discussion? There being none, then those in favor raise 12 your hand. Unanimous, five zero. 13 The next item on the agenda is 1.15, which 14 is a public hearing for a Revision of Plat for Kerrville 15 South II, Lot 50. 16 So the Court will convene a public hearing. 17 Is there anyone who would like to address the Court with 18 regard to the Revision of Plat for Kerrville South II, 19 Lot 50? 20 There being no one then the Court will 21 adjourn the public hearing and will move on to Item 1.16 22 on the agenda which is to consider, discuss and to take 23 appropriate action for the Court to approve a Revision 24 of Plat for Kerrville South II, Lot 50. Charlie 25 Hastings. 72 1 MR. HASTINGS: The public hearing was just 2 held and nobody spoke. This proposal divides Kerrville 3 South II, Lot 50, into two lots and dedicates 4 right-of-way along Kerrville South Drive and Marshall 5 Drive. Lot 50A will be 3.9 acres, fronting Kerrville 6 South Drive. Lot 50B will be 2.2 acres, fronting on 7 Marshall Drive. 8 We do have a completed Appendix M from the 9 Model Subdivision Regulations, which is the water 10 agreement between the water provider and the property 11 owner. 12 The County Engineer requests the Court 13 approve a Revision of Plat for Kerrville South II, 14 Lot 50, Volume 4, Page 64, Precinct 1. And when I say 15 we -- we got that on Friday late. It was signed by both 16 parties. 17 COMMISSIONER MOSER: Who is the water 18 provider? 19 MR. HASTINGS: That is going to be the 20 Southwest Water Company. 21 COMMISSIONER BELEW: Move for approval. 22 COMMISSIONER HARRIS: Second. 23 JUDGE KELLY: Motion's been made by 24 Commissioner Belew, seconded by Commissioner Harris to 25 approve the Revision of Plat for Kerrville South II, Lot 73 1 50. 2 COMMISSIONER LETZ: Charlie, do you want to 3 mention the issues with that letter? 4 MR. HASTINGS: The Southwest Water Company 5 had issues with it from a legal standpoint. They had an 6 in-house legal advisor that felt that it would maybe 7 keep -- his concern was that their intent was to provide 8 water for the next 30 years and they said, what if we 9 sell our company to another water provider in five 10 years? So he put some legal language in there that he 11 felt would protect that company. I ran it through our 12 County Attorney, and I believe that it's going to Texas 13 Water Development Board to be looked at also. But our 14 County Attorney said she was okay with it. 15 COMMISSIONER LETZ: And just a little bit 16 more further, the Court will probably recall there's -- 17 under our Model Subdivision Rules we have to have a 18 letter from the water provider. The first -- the 19 appendix that Water Development Board originally put 20 together was not reasonable. And I visited with one of 21 their attorneys, Joe Reynolds. He and I came up with a 22 different language, slightly, that everyone was willing 23 to sign. Southwest Texas -- or Southwest Water Systems 24 still had a little bit of a problem with it but it 25 certainly in my mind meets the intent of the letter that 74 1 I negotiated with Mr. Reynolds. But I plan to visit 2 with him again because there were still some problems 3 with this and -- but it meets -- certainly meets the 4 intent of the rules. And it does comply. Just gives 5 them a little bit more protection. 6 COMMISSIONER BELEW: In my mind, this is 7 like when you make a mortgage with one company and they 8 sell it to somebody else. You're going to have what you 9 need. 10 COMMISSIONER LETZ: Right. 11 COMMISSIONER BELEW: You're going to end up, 12 you know, making payments and everything else, so -- 13 COMMISSIONER LETZ: And I know Charlie spent 14 a lot of time trying to get that letter worked out and I 15 I appreciate it, Charlie. 16 MR. HASTINGS: You're welcome. 17 JUDGE KELLY: Okay. I -- I'm looking at the 18 County Attorney and where are we on this? 19 MRS. STEBBINS: I think we're just waiting 20 for the approval on the suggested language, right? 21 COMMISSIONER LETZ: I agree. 22 MR. HASTINGS: Well, I -- I think we need to 23 move forward regardless. And, you know, the reason I 24 recommend that, this property owner has -- has done 25 everything that he possibly can. He's abandoned a water 75 1 well that he has on his lot. Because when he divided, 2 one of the lots went less than five acres. He's already 3 got water service on one of the lots, that has been 4 served by Southwest Water Company for years. 5 So that extra well he had on his property, I 6 guess he was okay with abandoning it, because maybe he 7 just wasn't using it. And they have already set the 8 meter. I've got pictures of it. Everything's ready to 9 go. They're ready to move in. So I think that -- I 10 think we should approve this. 11 If Texas Water Development Board comes back 12 and says it's a problem, then hence forth we know that 13 that's an issue. We don't anticipate that, but it could 14 happen. 15 COMMISSIONER MOSER: And Texas Water 16 Development Board is kind of slow on doing a lot of 17 things here recently. 18 MR. HASTINGS: Yes, sir. 19 COMMISSIONER LETZ: I think it's key for us, 20 from our standpoint, is that we -- we're complying with 21 the intent. I mean, the -- we're doing what they say 22 and they're saying they're going to provide water in the 23 future. The original requirement was that they agree -- 24 the Water Development Board, as our attorney does, that 25 the language was not correctly written originally. It 76 1 calls right now for -- you guarantee there's water. And 2 that's where the initial block came, is that nobody can 3 guarantee water 30 years into the future out of 4 groundwater. 5 COMMISSIONER MOSER: Precisely. 6 COMMISSIONER LETZ: So -- but there's a lot 7 of requirement with TCEQ, what they have to do, and the 8 Water Development Board is fine with the letter we came 9 up with, which is -- you know, and I think we've done 10 the same or similar thing here. 11 COMMISSIONER MOSER: Yeah. 12 COMMISSIONER BELEW: So we have a motion and 13 a second, right? 14 JUDGE KELLY: Any other discussion? Those 15 in favor raise your hand. Unanimous, five zero. 16 Item 1.17 consider, discuss and take 17 appropriate action for the Court to approve a Revision 18 of Plat for the Estates at Turtle Creek Section Two, 19 Lots 27 and 28. Charlie Hastings. 20 MR. HASTINGS: A public hearing was held on 21 December 28th, 2020. This proposal adjusts the lot line 22 between Lot 27 and Lot 28. Lot 27R will be 3.67 acres 23 and Lot 28R will be 2.99 acres. Property access and 24 road frontage to both lots will remain on Estates Drive. 25 Lot 27 currently has 102 feet of road frontage, but this 77 1 proposal -- proposed revision will increase that to 128. 2 The County Engineer requests the Court 3 approve a Revision of Plat for Estates at Turtle Creek 4 Section Two, Lots 27 and 28, Volume 6, Page 241, 5 Precinct 2. 6 COMMISSIONER MOSER: Move for approval. 7 COMMISSIONER BELEW: Second. 8 JUDGE KELLY: Motion's been made by 9 Commissioner Moser, seconded by Commissioner Belew to 10 approve the Revision of Plat for the Estates of Turtle 11 Creek Section Two, Lots 27 and 28. Any discussion? 12 Okay. There being none, those in favor raise your hand. 13 Unanimous, five zero. 14 Item 1.18 consider, discuss and take 15 appropriate action for the Court to set a public hearing 16 for 10:00 a.m. on March the 22nd, 2021 for a Revision of 17 Plat for De Leon Estates Section Three, Lots 2-3, and De 18 Leon Estates Section Five, Lot 4, to be known as De Leon 19 Estates Section Seven. Charlie Hastings. 20 MR. HASTINGS: Thank you. This proposal 21 revises three existing lots, totaling 13.2 acres, out of 22 De Leon Estates Sections Three and Five. This new 23 revision is to be known as De Leon Estates Section 24 Seven. 25 Lot 1 will be 10.37 acres and have a private 78 1 well. Lot 2, 1.5 acres and Lot 3, 1.33 acres will be 2 served by a public water system. All lots will front 3 Madrona Drive. And they will need that Appendix M 4 agreement with the water provider. 5 County Engineer requests the Court set a 6 public hearing for 10 a.m. on March 22nd, 2021 for a 7 Revision of Plat for De Leon Estates Section Three, Lots 8 2-3, De Leon Estates Section Five, Lot 4, to be known as 9 De Leon Estates Section Seven. Plat File No. 19-06887 10 and Plat File No. 20-04047, Precinct 1. 11 COMMISSIONER BELEW: Move for approval. 12 COMMISSIONER MOSER: Second. 13 JUDGE KELLY: Motion's been made by 14 Commissioner Belew, seconded by Commissioner Moser to 15 approve the Revision of Plat for De Leon Estates Section 16 Three, Lots 2 and 3, and De Leon Estates Section Five, 17 Lot 4, to be known as De Leon Estates Section Seven. 18 COMMISSIONER MOSER: This was to set a 19 public hearing, right? 20 JUDGE KELLY: Yes. To set a public hearing. 21 Any discussion? Those in favor raise your hand. 22 Unanimous, five zero. 23 Move on to Item 1.19 consider, discuss and 24 take appropriate action for the Court to waive platting 25 oversight and approval to the City of Kerrville for 79 1 amending plat for Solar Village Lots 2 and 3. Charlie 2 Hastings. 3 MR. HASTINGS: This proposal combines Lots 2 4 and 3 into Lot 2A, 0.79 acres, fronting Scenic Valley 5 Road and Scenic Hills Road. The lot is in the 6 floodplain and must meet requirements for development 7 within the floodplain. These lots are located in 8 Kerrville's ETJ and would be typically be platted 9 through both the City of Kerrville and Kerr County. 10 This request is for the Court to waive 11 platting oversight and approval to the City of 12 Kerrville. Although platting oversight would be waived, 13 signature blocks for both the Kerr County floodplain 14 administrator and OSSF designated representative would 15 be required. 16 The County Engineer requests the Court waive 17 platting oversight and approval to the City of Kerrville 18 for an Amending Plat for Solar Village Lots 2 and 3, 19 Volume 5, Page 220, and Volume 5, Page 211, Precinct 1. 20 COMMISSIONER BELEW: I'll move for approval. 21 COMMISSIONER LETZ: Second. 22 JUDGE KELLY: Motion's been made by 23 Commissioner Belew, seconded by Commissioner Letz to 24 waive the platting oversight and approval to the City of 25 Kerrville for an Amending Plat for Solar Village Lots 2 80 1 and 3. Any discussion? Those in favor raise your hand. 2 Unanimous, five zero. 3 Moving on, the next item on the agenda is 4 1.20 consider, discuss and take appropriate action to 5 approve a concept plan for Windy Ridge Estates 6 Subdivision. Charlie Hastings. 7 MR. HASTINGS: This concept proposes one 8 privately maintained road and 14 lots off of Sheppard 9 Reese Road, the smallest lot being five plus acres and 10 the largest being ten plus acres. Additional 11 right-of-way will be required along Sheppard Reese Road 12 as it is a functioning arterial road. Arterial roads 13 are -- we have vehicles of 1500 vehicles per day or 14 greater. And Sheppard Reese is currently at 2000 plus 15 vehicles per day. 16 Arterials require 90 feet of right-of-way. 17 There is 60 feet existing, leaving this development's 18 fair share of 15 additional feet of right-of-way needing 19 to be dedicated. 20 The developer plans to build the public 21 improvements (i.e., the private road and drainage) prior 22 to filing a final plat. Therefore, once the 23 construction plans meet our specifications, construction 24 may begin. 25 So the County Engineer recommends that the 81 1 Court approve the concept plan subject to the developer 2 dedicating additional right-of-way for Sheppard Reese 3 Road, an arterial road, on the Final Plat, and 4 developing construction plans in conformance with Kerr 5 County Standard Subdivision Regulations, including an 6 entrance and right-of-way wide enough to accommodate 7 separate entrance and exit lanes and a means for 8 vehicles to turn out of the entrance in the event the 9 entrance gate is not functioning or the vehicle has 10 mistakenly turned in to this proposed development. 11 That's because it's a private road and 12 they're going to -- they're going to place a gate off of 13 Sheppard Reese and it needs to be placed far enough and 14 everything needs to be wide enough that if someone 15 mistakenly comes in there, they can turn and get out 16 without backing up onto Sheppard Reese Road. 17 COMMISSIONER MOSER: Is that a requirement, 18 Charlie, to not -- I understand about the turn around 19 desirable. But are there some conditions where you can 20 back out onto a county road in a situation like that? 21 MR. HASTINGS: It's not recommended. 22 COMMISSIONER MOSER: Sure. I know but -- 23 MR. HASTINGS: And it's an arterial road. 24 So we don't have a hard regulation in here. 25 COMMISSIONER MOSER: Okay. 82 1 MR. HASTINGS: We do have is that plans are 2 built to industry standards. Good engineering practice 3 would require that you do this. 4 COMMISSIONER MOSER: Okay. And they're 5 willing to do that? 6 MR. HASTINGS: Yes. 7 COMMISSIONER MOSER: The developer? 8 MR. HASTINGS: Yes. They had planned on 9 doing it. We just -- 10 COMMISSIONER MOSER: Okay. 11 MR. HASTINGS: -- we hadn't seen their plans 12 for it yet. 13 COMMISSIONER MOSER: Okay. Okay. But 14 that's part of their concept? 15 MR. HASTINGS: Yes. 16 COMMISSIONER MOSER: Yeah. And is -- so 17 each one of the properties would be with a well and 18 their own septic system? 19 MR. HASTINGS: That's correct. 20 COMMISSIONER MOSER: Yeah. Okay. 21 MR. HASTINGS: Yes, sir. 22 COMMISSIONER MOSER: Good. 23 COMMISSIONER LETZ: That looks -- it looks 24 like a really good development. 25 COMMISSIONER MOSER: Yeah. 83 1 COMMISSIONER BELEW: I move for approval. 2 COMMISSIONER LETZ: Second. 3 JUDGE KELLY: Motion's been made by 4 Commissioner Belew, seconded by Commissioner Letz to 5 approve the concept plan for Windy Ridge Estates 6 subdivision. Any discussion? 7 I mean, what -- what do you mean by no hard 8 standard in our subdivision rules? 9 MR. HASTINGS: What I'm talking about is we 10 don't have a hard rule that states that if you're going 11 to put a gate that you have to have a means for someone 12 to turn around to go back out. 13 JUDGE KELLY: What is the regulation with 14 regard to a 90-foot right-of-way? 15 MR. HASTINGS: We require 90-foot of 16 right-of-way. When I said the right-of-way, I was 17 talking about the right-of-way width at the entrance; 18 not -- not the right-of-way for Sheppard Reese Road, but 19 for their proposed Windy Ridge Drive. 20 If you look at your plat right now, they 21 can't fit a turnaround within that proposed right-of-way 22 that's on the concept. So my concern -- I just wanted 23 you to know that that needs to change between now and 24 the time they file their final plat. 25 COMMISSIONER MOSER: Right. So it's -- the 84 1 concept -- 2 JUDGE KELLY: Okay. 3 MR. HASTINGS: Because right now they -- 4 they only have a 60-foot right-of-way for that road 5 coming in. If you look at it, you can't really tell 6 it's a private road or that -- that they have plans to 7 have a way for people to turn around in case -- in case 8 they get stuck at the gate or the gate's inoperable. 9 JUDGE KELLY: What I'm trying to understand 10 is, is our subdivision rule that you normally had 11 90-foot right-of-way at that point? 12 MR. HASTINGS: 90 feet would be for -- it's 13 two separate issues. So there's -- there is a hard rule 14 90 feet for an arterial on Sheppard Reese, and then 15 there is no rule for how wide your right-of-way has to 16 be if you're going to build some kind of a special 17 entrance on that private road. 18 COMMISSIONER MOSER: For a turnaround. 19 MR. HASTINGS: For a turnaround. 20 COMMISSIONER LETZ: I think -- I don't think 21 y'all -- I think the Judge's question is we're getting 22 additional right-of-way on Sheppard Reese Road to get it 23 to 90 feet. 24 COMMISSIONER MOSER: Right. 25 COMMISSIONER LETZ: And our practice has 85 1 been where there's a sub -- any subdivision going in 2 along a county road, if we can get additional 3 right-of-way in areas we try to get it at that point. 4 MR. HASTINGS: That's a hard rule. 5 COMMISSIONER LETZ: As a condition. 6 MR. HASTINGS: That is a hard rule. That is 7 a hard rule. 8 JUDGE KELLY: Restate the hard rule so that 9 I can -- 10 MR. HASTINGS: Okay. Sheppard Reese Road is 11 an arterial road. 12 JUDGE KELLY: Right. 13 MR. HASTINGS: It has an existing 60 feet of 14 right-of-way width. Our requirements are that it be 90 15 feet. So there's -- 16 JUDGE KELLY: Sheppard Reese? 17 MR. HASTINGS: Yes, sir. So -- 18 JUDGE KELLY: Okay. 19 MR. HASTINGS: -- 30 feet needs to come, 15 20 from each side, to get to 90 feet. 21 JUDGE KELLY: And so that's going to be a 22 requirement for them for the stretch that they plan on 23 to Sheppard Reese? 24 COMMISSIONER LETZ: Right. 25 MR. HASTINGS: Yes, sir. 86 1 JUDGE KELLY: So that's going to go to 90? 2 COMMISSIONER LETZ: It'll go to more than it 3 is now. It'll go 15 for -- 4 MR. HASTINGS: It'll be -- it'll go from 60 5 to 75. And then when the property on the other side of 6 the road develops, it'll go from 75 to 90. 7 JUDGE KELLY: Okay. 8 COMMISSIONER MOSER: And then, then the 9 other thing is turnaround. That's different than -- 10 COMMISSIONER LETZ: Right. 11 JUDGE KELLY: Right. That's why we're 12 trying -- trying to understand. What's hard and what's 13 not hard? 14 MR. HASTINGS: Yes, sir. 15 JUDGE KELLY: And the interior roads, once 16 you get inside that gate, what's the right-of-way 17 requirement on that? 18 MR. HASTINGS: 60 feet. 19 JUDGE KELLY: 60 feet. 20 MR. HASTINGS: Yes, sir. 21 COMMISSIONER BELEW: Well, we don't -- we 22 don't have a rule about the turnaround. It's a -- 23 COMMISSIONER MOSER: We don't -- 24 COMMISSIONER BELEW: -- courtesy basically. 25 COMMISSIONER MOSER: Correct. 87 1 JUDGE KELLY: That's right. 2 COMMISSIONER MOSER: Right. 3 COMMISSIONER HARRIS: And they're agreeable 4 to that, right? 5 MR. HASTINGS: They -- they plan on doing 6 it. 7 COMMISSIONER HARRIS: Yeah. 8 COMMISSIONER MOSER: Yeah. Take Saddlewood, 9 okay, which is a little bit further down the road from 10 there, they don't have a turnaround, correct? 11 JUDGE KELLY: Yeah, they do. 12 MR. HASTINGS: They do. 13 JUDGE KELLY: Yeah. 14 MR. HASTINGS: Sort of. They do. 15 COMMISSIONER MOSER: Yeah. Okay. Yeah, I 16 didn't know if that was wide enough for a hundred foot 17 turnaround -- 18 MR. HASTINGS: It may not be wide enough for 19 every vehicle in the world, but you can turn an F-150. 20 JUDGE KELLY: My 150 turned around in it. 21 COMMISSIONER MOSER: Yeah, but how about a 22 fire truck? You couldn't -- you'd have to -- you'd have 23 to back out onto Spur whatever it is. 24 COMMISSIONER BELEW: Well, if they have the 25 gate code they can go in. 88 1 COMMISSIONER MOSER: No, I -- I know, but 2 I'm just talking about turnarounds. 3 MR. HASTINGS: I'm talking about their back 4 entrance off off -- 5 COMMISSIONER LETZ: Sheppard Reese. 6 MR. HASTINGS: -- Sheppard Reese. 7 COMMISSIONER MOSER: Sheppard Reese. How 8 about their -- 9 MR. HASTINGS: Which is down the street from 10 there. 11 COMMISSIONER MOSER: -- how about their 12 frontage? 13 MR. HASTINGS: I haven't driven it lately. 14 COMMISSIONER BELEW: They have a front 15 entrance that's not. 16 MR. HASTINGS: I don't think it has 17 something -- 18 COMMISSIONER MOSER: I see so they're -- 19 that -- and that's bringing that up for discussion. So 20 we didn't have a requirement for a turnaround there, 21 either the front or the back. Okay. So you do if an 22 18-wheeler got in there, they'd have to back up onto 23 the road to be able to turn around. 24 MR. HASTINGS: Yes. 25 COMMISSIONER MOSER: So this case here, the 89 1 developer says, yeah, we'll put a turnaround in there 2 conceptually and they'll come back. Okay. Okay. There 3 are a lot of -- a lot of subdivisions that don't have 4 turnarounds as they come off of a county road. 5 MR. HASTINGS: I believe that Spur 98 got 6 reconstructed after that subdivision was already there 7 and that that changed the dynamics. 8 COMMISSIONER MOSER: Yeah. 9 COMMISSIONER LETZ: That makes sense. 10 MR. HASTINGS: Because I -- I -- TxDOT 11 normally would require something. 12 COMMISSIONER MOSER: Yeah. Okay. 13 MR. HASTINGS: So I think that was an 14 afterthought. 15 COMMISSIONER MOSER: Yeah. Okay. All 16 right. 17 JUDGE KELLY: Any other discussion? Okay. 18 Those in favor raise your hands. Unanimous, five zero. 19 Move on to Item 1.21 consider, discuss and 20 take appropriate action on A401, what is that, Texas 21 Certification of Pre-Construction Approvals and Texas 22 Department of Agriculture for Texas Community 23 Development Block Grant Projects 7217045, 7218045, and 24 7218055. Charlie Hastings. 25 MR. HASTINGS: Thank you, Judge. I do have 90 1 Don Burger with us from Tetra Tech. This agenda item is 2 for the Kerr County CDBG Project No. 7217045, 7218045, 3 and 7218055. 4 We've got three different grants there. 5 It's the Center Point/East Kerr County sewer 6 improvements. The Certification of Pre-Construction 7 Approvals, Form A401, is used to list all permits, 8 authorizations, and other written approvals required by 9 the state or federal regulations other than the TxCDBG 10 requirements. It is attached. It has been signed by 11 our engineer. It also needs to be signed by the Judge. 12 We're requesting that the Court authorize 13 the Judge to sign the A401 Certificate of 14 Pre-Construction Approval for that project. And there's 15 three separate forms to be signed. Each one of them has 16 the three different grants at the top. 17 JUDGE KELLY: Mr. Burger, I see you on your 18 feet. Do you want to talk to us? 19 MR. BURGER: This is just a formality 20 required by the Texas Department of Agriculture. Before 21 they can release construction funds, we have to certify 22 that we have the appropriate approvals to do so. 23 JUDGE KELLY: Well, I see you signed it 24 so -- 25 MR. BURGER: Yes, sir. 91 1 JUDGE KELLY: -- you're in favor of this, 2 right? 3 MR. BURGER: Yes, sir. 4 JUDGE KELLY: Okay. 5 COMMISSIONER MOSER: Move for approval. 6 COMMISSIONER LETZ: Second. 7 JUDGE KELLY: Motion's been made by 8 Commissioner Moser, seconded by Commissioner Letz to 9 approve the Certification of Pre-Construction Approval 10 for the Texas Department of Agriculture for Texas 11 Community Development Block Grant, Project 7217045, 12 7218045, and 7218055. Any other discussion? 13 COMMISSIONER MOSER: Hope TDA will move 14 faster than the Water Development Board on approvals. 15 MR. HASTINGS: They have been. 16 MR. BURGER: Actually they have, yes. 17 COMMISSIONER MOSER: Good. 18 JUDGE KELLY: Okay. So those in favor raise 19 your hand. Unanimous, five zero. 20 Moving on to Item 1.22 consider, discuss and 21 take appropriate action for the Court to authorize the 22 advertisement for bids for the Wastewater Service 23 Connections for East Kerr County/Center Point Wastewater 24 Collection Project, funded by the Texas Department of 25 Agriculture, Colonia Economically Distressed Area 92 1 Program, Grant No. 7217045, 7218045, and 7218055. I 2 think those are the numbers that we just read in the 3 previous one, right? 4 MR. HASTINGS: Correct. 5 JUDGE KELLY: Charlie Hastings. 6 MR. HASTINGS: The proposed construction 7 project is to be advertised in the Hill Country Journal 8 on February 10th and 17th, 2021. It will be to install 9 service connections for homes occupied by low to 10 moderate income residents in East Kerr/Center Point 11 Wastewater Collection Project. 12 Funding for the services is from the Texas 13 Department of Agriculture grants: Colonias Economically 14 Distressed Areas Program, also know as CEDAP, C-E-D-A-P, 15 Grant No. 7217045, and the Colonias Fund for 16 Construction (CFC) Grant No. 7218045, and 7218055. 17 The project includes sewer piping within the 18 Elmwood Mobile Home Park, Hill River Country Estates, 19 Center Point North, Center Point South, and Nickerson 20 Farms. There are an anticipated 115 service connections 21 and 3,350 linear feet of six-inch sewer to be 22 constructed on this project. The Engineer's Opinion of 23 Probable Construct Cost is $1.4 million. 24 The bidding schedule is as follows: 25 February the 10, 2021 advertise for bids. February the 93 1 17th, 2021 advertise for bids. March the 4th, 2021 bid 2 opening. March the 8th, 2021 Court receives the bids, 3 And March the 22nd, 2021 Court awards the bids. 4 The County Engineer requests that the Court 5 authorize the County Clerk to advertise bids for the 6 Wastewater Service Connections for the East Kerr 7 County/Center Point Wastewater Collection Project. 8 Precinct 2 and 3. 9 COMMISSIONER MOSER: Move for approval. But 10 I have a question first. So it's a 151 -- 11 JUDGE KELLY: Let's get -- just a second. 12 Let's get a second. 13 COMMISSIONER MOSER: Okay. 14 COMMISSIONER LETZ: Second. 15 JUDGE KELLY: Okay. So we've got a motion 16 by Commissioner Moser, seconded by Commissioner Letz. 17 You may proceed. 18 COMMISSIONER MOSER: 151, is that what you 19 said? 151 connections? 20 MR. HASTINGS: 115. 21 JUDGE KELLY: 115. 22 COMMISSIONER MOSER: 115. What was -- when 23 we started the whole project, we had like 900 24 connections we were looking at. What will this -- this 25 is just for the Colonia, and for the LMI, the stuff 94 1 right here? 2 MR. HASTINGS: That's correct. 3 COMMISSIONER MOSER: So what -- where do we 4 stand overall on connections? 5 MR. BURGER: I think we're going to be just 6 a little shy of the 900 when it's all said and done. 7 COMMISSIONER MOSER: Okay. Okay. 8 MR. BURGER: And it'll be real cost. 9 COMMISSIONER MOSER: Okay. All right. Very 10 good. Okay. That's the only question I have. 11 JUDGE KELLY: I -- I'm curious. So this -- 12 this gets us up to just shy of 900 connections? 13 MR. BURGER: This -- this will be part of a 14 total of something shy of 900 connections for the whole 15 project. 16 COMMISSIONER MOSER: Right. Right. 17 JUDGE KELLY: And that's for the whole 18 project? 19 MR. BURGER: It's for the whole project. 20 Yeah. Phase one, two, and three, and this contract. 21 MR. HASTINGS: Judge, we need to get back 22 with the Court on the number of connections. We -- 23 MR. BURGER: That number changes. 24 MR. HASTINGS: It -- it has changed a lot. 25 COMMISSIONER MOSER: Well, that's -- that 95 1 was a curiosity question really. 2 MR. BURGER: Yeah. 3 COMMISSIONER MOSER: I still make my motion 4 relative to what you're doing for going out for bids. 5 MR. HASTINGS: But we -- we do want to get 6 back with the Court -- 7 COMMISSIONER MOSER: Okay. 8 MR. HASTINGS: -- and send -- we'll send an 9 e-mail to the Court to let you know how many 10 connections -- 11 COMMISSIONER MOSER: Okay. Good deal. 12 MR. HASTINGS: -- for sure, for sure. 13 COMMISSIONER MOSER: Thank you. 14 MR. HASTINGS: Because we have so many that 15 we do have in Phase 1 that are done. That's as many as 16 there's going to be. And Phases 2 and 3 adds to that. 17 And I know that when we started this project we were 18 saying 900, 900, 900. 19 COMMISSIONER MOSER: Right. 20 MR. HASTINGS: But it has come out less than 21 that with -- 22 COMMISSIONER MOSER: Right. 23 MR. HASTINGS: -- folks don't want to 24 connect and didn't have to. 25 COMMISSIONER MOSER: For some -- for some 96 1 time we projected less than 900. 2 MR. HASTINGS: Yeah. 3 COMMISSIONER MOSER: Yeah. Okay. Or you 4 have; not me. 5 MR. HASTINGS: Yeah. 6 JUDGE KELLY: But in terms -- in terms of 7 this limited request, we need to go ahead and -- and 8 approve these additional 115 connections. 9 MR. BURGER: Correct. 10 COMMISSIONER MOSER: Right. 11 MR. HASTINGS: Yeah. 12 JUDGE KELLY: And then we'll find out what 13 the total capacity is for the entire line. 14 COMMISSIONER MOSER: Right. 15 JUDGE KELLY: When y'all supplement that 16 information. Which is not part of what we're doing 17 today. 18 MR. BURGER: Correct. 19 MR. HASTINGS: And these are not 115 20 additional connections from the beginning, these are 21 just low to moderate connections that we have confirmed. 22 We've confirmed there's 115 that will be in Phases 2 23 and 3 that qualify only for these grants. 24 COMMISSIONER MOSER: And just -- just for 25 the record, or for information, this was delayed because 97 1 we didn't have enough people -- we thought there would 2 be more people signing up for the lower to moderate 3 income than we had. So we said hold off. Correct? Am 4 I correct? 5 MR. HASTINGS: Yes. 6 COMMISSIONER MOSER: Hold off on the TDA 7 awards for this until we get -- we -- what Charlie and 8 them did. It's hard to communicate with people on this 9 kind of thing. You've got a sign -- you've got a sign 10 up. But as soon as they see equipment, they sign up. 11 So they park the backhoe out on the road and put a sign 12 on it. Okay. It got everybody's attention. Got a lot 13 more people signing up once they saw equipment there. 14 So it worked. So the 115 is part of the 900. 15 COMMISSIONER LETZ: Judge, I want to go off 16 something he said, he said line capacity. That's a 17 different number than what we're hooking up. 18 COMMISSIONER MOSER: Right. 19 COMMISSIONER LETZ: But I think that's 20 another -- that's a good question on line capacity, but 21 that will be -- vary a lot by where the capacity is and 22 what is done by the WCID outside of what we do 23 partially. 24 COMMISSIONER MOSER: Right. 25 JUDGE KELLY: On the east end of the County? 98 1 COMMISSIONER LETZ: On the east end of the 2 County. Because I mean the -- the line gets bigger. 3 You know, it's like you can add more along the main 4 trunk line than you can on some of the -- 5 JUDGE KELLY: Sure. 6 COMMISSIONER LETZ: -- gathering lines along 7 the way. 8 COMMISSIONER BELEW: But there's an equation 9 for that, right? 10 COMMISSIONER MOSER: No, there's a line 11 size. 12 COMMISSIONER LETZ: There's a line size 13 but -- 14 COMMISSIONER BELEW: Right. I know. But a 15 line size, that's an engineering thing where you -- you 16 can put this many connections -- 17 COMMISSIONER LETZ: Right. But there's 18 not -- I'm just saying there's not a number. There's a 19 bunch of numbers on capacity because the line is not -- 20 it's not a uniform 12-inch line. 21 COMMISSIONER MOSER: Right. 22 COMMISSIONER LETZ: It's six-inch here, 23 eight-inch here. 24 COMMISSIONER BELEW: It's a gallon capacity 25 versus connection capacity, right? 99 1 COMMISSIONER LETZ: Yeah. 2 COMMISSIONER BELEW: Something like that? 3 MR. BURGER: IT just depends on where you 4 are. 5 COMMISSIONER BELEW: Right. 6 COMMISSIONER MOSER: Depends on where you 7 are. 8 COMMISSIONER BELEW: But it's not a number 9 of connections, it's a capacity -- 10 COMMISSIONER LETZ: Of the line. 11 MR. BURGER: Right. 12 JUDGE KELLY: And there's a connection for 13 that, right? 14 COMMISSIONER MOSER: And there's a 15 processing capacity. A lot of capacities. 16 COMMISSIONER BELEW: Just so everybody 17 understands it. 18 JUDGE KELLY: Okay. Any other discussion? 19 Those in favor raise your hand. 20 COMMISSIONER LETZ: But, Judge, I -- if I 21 can just make a comment on that. Because I think it's 22 very important that -- well, I'll bring it up on the 23 next one, the next agenda item. It fits there better. 24 JUDGE KELLY: Okay. Item 1.23 consider, 25 discuss and take appropriate action for the Court to set 100 1 dates for workshops and adoption of the revised Kerr 2 County Subdivision Rules and Regulations, Manufactured 3 Home Rental Community Regulations, and the Kerr County 4 Water Availability Requirements. Charlie Hastings. 5 MR. HASTINGS: Thank you, Judge. To give an 6 update to the Court on each one of these items, we have 7 last year, I think in -- around October, we looked at -- 8 we had another workshop to look at and discuss the 9 subdivision regulations and where we were. After that 10 meeting, I've received additional comments. I've been 11 working closely with Commissioner Letz to address the 12 things that he's noted and concerns he had. 13 We met about two weeks ago. Made some -- 14 some more revisions. Cleaned some things up. I think 15 we're going to meet later this week to get a final clean 16 up. 17 So we're -- we're ready to have workshops 18 set up, and I'd -- my recommendation is that we set 19 those -- the workshops up and -- and also have a date 20 final. This will be the last day that they get 21 approved, probably before we start to get heavy into 22 budget. I'm thinking sometime in May, it would be nice 23 if we were done. I -- I just want to know -- I don't 24 know what your schedule is or how you'd like to do that. 25 COMMISSIONER LETZ: Yeah. Well, additional 101 1 comment, I will have the -- the revisions, a lot of the 2 ones that we're going through right now are -- are 3 pretty minor. Some of them are pretty important. I've 4 reread Chapter 232 again over the weekend. And every 5 time I read it there's -- it has changed a lot since we 6 originally had passed our rules, and we really need to 7 make sure that we're in compliance with state law so -- 8 and that's part of this going through. 9 All that said, I think by the end of this 10 week we'll have a final draft that I think is at the 11 point it goes to everyone on the court, the County 12 Attorney, and Mr. Kimbrough -- almost forgot your name, 13 Chuck, Mr. Kimbrough for comment and looking at. 14 And there's a couple of areas -- one of the 15 things that we need to look at, Charlie, and I just 16 thought of this when you said that on the capacity issue 17 on -- in Center Point. We need to add into our -- not 18 necessarily our subdivision rules but certainly our 19 approval process, coordinating with Kendall County on 20 capacity of that line. 21 COMMISSIONER MOSER: Right. 22 COMMISSIONER LETZ: And not the line of the 23 plant. Their Commissioners' Court is looking at a 24 68-home development in Comfort and Kendall County, right 25 on the county line, which is almost identical lot size, 102 1 price-wise, a little more expensive than Eden Hills is. 2 Same lot size. And there is capacity at that plant. 3 And once that gets done, it shuts off development 4 everywhere until -- until that capacity is increased. 5 So we need to make sure that we keep the WCID in our 6 loop as we're looking at any subdivision requests that 7 are planned at the time of this line. 8 COMMISSIONER MOSER: Correct. 9 COMMISSIONER LETZ: Because we need to be 10 really close to monitor that capacity. 11 COMMISSIONER BELEW: So what I'm hearing -- 12 what I think I'm hearing you say is that we don't yet 13 know the capacity. Whoever sells me something knows the 14 capacity of what it can do. 15 COMMISSIONER LETZ: Oh, we know. 16 COMMISSIONER MOSER: Yeah, we have the -- 17 COMMISSIONER BELEW: So why do you keep 18 saying that we -- we're not -- we don't know how -- 19 COMMISSIONER LETZ: There's a -- well, 20 because we don't control the capacity. 21 COMMISSIONER BELEW: We don't know when 22 we're going to reach capacity, is that what you're 23 saying? 24 COMMISSIONER LETZ: I'm saying Kerr County 25 doesn't control the capacity. 103 1 COMMISSIONER MOSER: Let me try, Harley. 2 There's a capacity at the plant. 3 COMMISSIONER BELEW: Sure. 4 COMMISSIONER MOSER: We know that. 5 COMMISSIONER BELEW: Right. It's got a 6 limit. 7 COMMISSIONER MOSER: We -- no, we know the 8 capacity at the plant. 9 COMMISSIONER BELEW: All right. 10 COMMISSIONER MOSER: There's a -- there's a 11 line going to the plant has a different capacity. 12 There's another line further out in the development has 13 a different capacity. There's another line has a 14 different capacity. There's a lot of different 15 capacities, okay, that have to be satisfied to be able 16 to flow the wastewater. That's about as simple as I can 17 say it. 18 COMMISSIONER BELEW: But you can't -- you 19 can't exceed what they can take at that final station. 20 COMMISSIONER MOSER: Can't exceed any one of 21 them. But the plant right now -- and that's what 22 Jonathan is talking about. Right now subdivisions or 23 whatever, add to that -- 24 COMMISSIONER BELEW: Sure. 25 COMMISSIONER MOSER: -- but when we looked 104 1 at Eden Farms, we got to capacity right now for that. 2 Now this other development, it's going to take more 3 capacity. We've got other developments. Starlight is 4 looking at connecting to the system. That's going to be 5 a different capacity -- I mean different requirement. 6 So as we go through each one of them, we've got to say 7 do we have the capability with the central sewer system 8 to accommodate the wastewater. 9 COMMISSIONER BELEW: Now that takes into 10 account the size of the pipe and the pump station and 11 all of this? 12 COMMISSIONER MOSER: All of that. 13 COMMISSIONER LETZ: It's everything. 14 COMMISSIONER MOSER: All -- all of that. 15 COMMISSIONER LETZ: I'm just saying there's 16 not a number. We can't come and say -- 17 COMMISSIONER MOSER: Right. 18 COMMISSIONER LETZ: -- there's a number here. 19 It's going to change every time another connection is 20 added. And a lot of that is added in Kendall County, 21 which we don't even know about. 22 COMMISSIONER MOSER: Sure. 23 COMMISSIONER LETZ: That's why I said the 24 WCID needs to be involved. 25 COMMISSIONER MOSER: Right. 105 1 COMMISSIONER LETZ: And I just want to make 2 a point that we need to -- 3 COMMISSIONER BELEW: Right. 4 COMMISSIONER LETZ: -- look at all that. 5 COMMISSIONER MOSER: Excellent point. 6 COMMISSIONER LETZ: The other point that I 7 really want to bring up is, and this has come to light a 8 lot with -- because of Eden Hills or discussions on Eden 9 Hills. And because Mr. Kimbrough is here, even though 10 he's not here on this agenda item and I don't want to 11 say -- we really need -- I would really like you to look 12 very closely at water availability. There's a lot of 13 different verbiage there, that you're aware there's 14 Chapter 364 that gave us the ability to adopt model 15 subdivision rules. There's a model subdivision rules. 16 There's Chapter 35 of the water code. There's chapter 17 whatever it is in the priority groundwater management 18 area. Chapter in the water code. And then Chapter 232. 19 There's five or six different statewide rules, not to 20 mention Headwaters Groundwater Conservation. So I think 21 it's going to be very important for us to really look at 22 all of those and how they interact, the best you can. 23 Because I think I understand it, but it's complicated -- 24 COMMISSIONER MOSER: Right. 25 COMMISSIONER LETZ: -- as to what rule 106 1 applies in which scenario. And I just think -- just 2 tossing that out there when these rules come out. And 3 that's one of the reasons there's been some delays, and 4 I really didn't anticipate a whole lot of changes on 5 water availability until Charlie and I met a couple 6 weeks ago. I mean, we -- we had -- a lot of questions 7 came up on how we are doing that right now based on 8 state law. 9 COMMISSIONER MOSER: Uh-huh. 10 COMMISSIONER LETZ: And I think we need to 11 be very clear that we're doing it the correct way. 12 COMMISSIONER MOSER: Correct. 13 COMMISSIONER HARRIS: I want to back up to 14 something I think Harley was digging at with the 15 capacity and you hinted on it. We don't control what 16 Kendall County does. If they put in a bunch -- a 17 subdivision, it's going to affect what we can do. I 18 mean if it reached -- 19 COMMISSIONER LETZ: Correct. 20 COMMISSIONER HARRIS: -- the end of the line 21 capacity, that's it. Right? 22 COMMISSIONER LETZ: Correct. 23 COMMISSIONER MOSER: WCID gets it all. 24 COMMISSIONER HARRIS: Okay. 25 COMMISSIONER MOSER: Right. 107 1 COMMISSIONER LETZ: Anyway. But I think, 2 like I say, by the end of the week I think the final 3 draft will be ready early next week. Depends on how 4 long it takes for Charlie to make the final revisions. 5 There's -- and some of them are grammatical that I'm 6 correcting and things like that. But that needs to go 7 out. 8 And I looked at -- to Heather and Chuck a 9 little bit on this too, on the schedule, once you get 10 them at what point is it going to be productive for us 11 to have a workshop? How much time do y'all need to -- 12 to go through them, or do we just have a workshop and 13 start discussing it? 14 JUDGE KELLY: I want to understand it. 15 COMMISSIONER BELEW: Yeah, it would be 16 better to have input. 17 JUDGE KELLY: I think we all need to 18 understand it. Where we are right now with the high 19 density development, and especially one going up -- 20 there's another mobile home park going in up there on 21 the county line, we need to understand how all this 22 works. I saw Mr. Kimbrough take his mask off. 23 MR. HASTINGS: What about the impact 24 analysis? 25 COMMISSIONER LETZ: Oh, and also need to 108 1 look at the -- 2 MR. HASTINGS: I don't know how that works. 3 MR. KIMBROUGH: I can talk to you about the 4 procedural requirements but -- 5 JUDGE KELLY: What we're really talking 6 about, Chuck, is we need to have workshops to be able to 7 talk about it. We're not trying to get you to talk 8 about it today. 9 MR. KIMBROUGH: Well, let me interrupt you 10 and say this. My practice experience says the internal 11 family of the Commissioners' Court, meaning the Court 12 members, the County Attorney, the County Engineer, and 13 outside counsel, need to understand fully what's in the 14 draft before you have a public workshop. Because you 15 don't want to have a public workshop and change stuff. 16 You need to be comfortable with your drafts before you 17 go public with. And that's what the closed meeting 18 session of the Commissioners' Court is all about. You 19 need to do it. 20 COMMISSIONER MOSER: Closed meeting? 21 MR. KIMBROUGH: Yes, sir. 22 COMMISSIONER MOSER: How do you have a 23 closed meeting on that? 24 MRS. STEBBINS: Legal advice. 25 COMMISSIONER MOSER: Oh. Okay. Answered 109 1 that question. 2 MR. KIMBROUGH: I -- I have -- 3 JUDGE KELLY: Well, I think -- I think we 4 need some closed meetings. 5 MR. KIMBROUGH: -- I have been involved in 6 situations in which my governmental clients didn't want 7 to do that. And I've got the scars to prove it. Y'all 8 need to be careful and cognizant about the draft that 9 you first go public with. There's an old saying about 10 buying the same real estate twice. To retreat, to 11 retract on a -- on a central or a core quarry issue is 12 not the way to go. 13 The discussion today is you want to be sure 14 you're following the law given the recent -- what I call 15 the model for the past 25 years evolution of the 16 statutes in several different places and you get all of 17 the little -- you hit -- you hit all the bases about 18 where the stuff is. 19 So there will be some issues that you will 20 have no discretion on. There will be some issues that 21 you will have moderate to great discretion on. What do 22 you want in the draft? 23 JUDGE KELLY: Well, that's what we want you 24 to teach us in closed session. 25 MR. KIMBROUGH: Well, we'll all work 110 1 together on it, sir. But -- I saw the agenda item. 2 That's why I came early before the other thing I'm here 3 on. Because I -- you know, I wanted to help you and 4 respond if you had a question. 5 So -- and when I saw, you know, the idea to 6 go ahead and start putting timelines for workshops and 7 then consider approval and adoption, I wanted to 8 respectfully suggest to you to slow a little bit, 9 because I've seen it go south quick. If you put 10 something out there that maybe causes a problem with -- 11 with somebody saying that's not the law. You can't do 12 that. I would -- I would like the internal discussions 13 to be free and candid and thorough. Given the -- what I 14 anticipate is the large bore sculpt of this revision. 15 You spent a lot of time on it. 16 JUDGE KELLY: Well, know that we appreciate 17 you coming early. Know that we appreciate you waving 18 the flag so that we know there's certain things that we 19 need to get straight among ourselves before we have 20 public workshops. And so I'm thinking that rather than 21 schedule a bunch of public workshops today, maybe what 22 we do is put this on the agenda item in a couple weeks 23 and give us some time to figure out how many of these 24 private closed sessions that we need to have you come 25 and educate us so that what we do we do right. 111 1 MR. KIMBROUGH: I concur with that. That's 2 a very thoughtful, deliberate way to approach a -- what 3 I call a significant revision project that y'all have 4 been working on. 5 JUDGE KELLY: Okay. 6 COMMISSIONER MOSER: Good. 7 VOICE: Well, that was worth the cost of 8 coming out here today, Judge. 9 MR. KIMBROUGH: Well, there's no cost for 10 you today. 11 (Laughter.) 12 COMMISSIONER BELEW: We get all we can out 13 of him today. It's a legislative year. And is there 14 anything that you're aware of that would affect -- 15 MR. KIMBROUGH: Always is, Commissioner 16 Belew. I mean, you know, the development lobby versus 17 the governmental, you know, affairs folks, you know, 18 they're going to do battle and we'll see. We'll see. 19 Now, you know, you got your model rules of the County, 20 and have been for sometime, and you've got regulations 21 that talk about what applies to the model rule scope, 22 you know, five acres or less. Residential. Then you 23 have regs that apply to larger tract scope developments. 24 But with Subchapter E of the Local Government Code, you 25 have some expanded powers there and -- and those 112 1 expanded powers options were available from a cherry 2 picking standpoint in my opinion, to any County in the 3 state. The largest to the smallest. And I'm interested 4 to see the draft to see how Subchapter E gets woven into 5 the tapestry of the -- of the scope and the revisions. 6 So there's some things to think about. 7 But to answer your question, I haven't been 8 dogging the -- you know, there's thousands of bills by 9 now and I haven't done it yet. And that's on my to do 10 list for development regulations but I had -- hadn't got 11 there yet, sir. 12 COMMISSIONER BELEW: Thank you. 13 MR. KIMBROUGH: You're welcome. 14 JUDGE KELLY: Okay. So we have exhausted 15 our timed items so let's go back on the agenda and 16 finish up some of the early ones that we weren't able to 17 reach in time. 18 Next item would be item 1.8 consider, 19 discuss and take appropriate action on proposal from 20 Rockoff Tree Solutions for placement of donated trees in 21 Flat Rock Park. I'm sorry to keep you waiting, Shane. 22 MR. EVANS: That's all right. Good morning, 23 gentlemen. Do y'all have the proposal of 31 trees? We 24 did have a -- a rough outline drawn up. It's not to 25 scale. But it is a rough outline to accept it as 113 1 presented. 2 COMMISSIONER MOSER: Shane, on -- I 3 looked -- it looks good to me, okay. But the question 4 on watering new trees that are put in, what's the plan 5 there? 6 MR. EVANS: She's going to have a watering 7 trailer to water them. 8 COMMISSIONER MOSER: Oh, she's going to 9 water them? Okay. I -- I thought she said that, so 10 that's -- that's good. Okay. So it's not going to be 11 the County having to go out there and water the trees 12 that are planted initially. 13 COMMISSIONER LETZ: The only question, I 14 have, Shane, is that there's -- you know, and it's hard 15 to see the actual plan. But we just need to make sure 16 though that we're -- two things. One, that river -- 17 where these are being planted is definitely in the 18 floodplain. So we need to try to minimize flood damage 19 by having them not too close to the shore where it's 20 going to cause more flood issues, turbulence, driftwood 21 getting stacked up and all that type of thing. 22 The other thing is to make sure that the 23 placement is such that it doesn't interfere with your 24 mowing. And these are a lot of -- a lot more trees 25 going out there and every time you have a tree you gotta 114 1 weed eat and mow around them. So we need to try to make 2 sure that we're trying to -- that they're placed -- 3 COMMISSIONER HARRIS: Strategically. 4 COMMISSIONER LETZ: -- for that reason. And 5 then the other thing is, are there -- is there a plan or 6 does she plan to put any enclosures around them to keep 7 the deer from getting them? 8 MR. EVANS: Yeah. Yeah, there is. With 9 wiring. You know, the -- to go around the trees so they 10 don't get torn up by the deer or whatever else. I 11 mentioned that last time. 12 COMMISSIONER LETZ: All right. And then 13 there's -- with that, there's the maintenance of -- we 14 get -- people are always upset when we have weeds 15 growing. When you will put an enclosure around a tree 16 it's hard to weed eat it. So I'm just saying that 17 there's -- you know, there's going to need to be -- I 18 don't think it's up to your staff to go and pull all 19 these that are closed off and weed eat and make it look 20 perfect all the time. It's going to be a little bit 21 time consuming, it's going to be a little bit rough out 22 there, would be my thought. 23 MR. EVANS: I'll also mention that we do 24 have a floodplain permit. We had that established 25 through the Road & Bridge, so -- 115 1 MR. HASTINGS: That's right. 2 COMMISSIONER MOSER: Good. 3 MR. EVANS: So we're good on that. 4 COMMISSIONER MOSER: It was very nice of 5 Karen to do that. 6 COMMISSIONER LETZ: Yeah. Great. 7 COMMISSIONER MOSER: So I move for approval 8 of the plan as submitted by Shane that -- 9 COMMISSIONER LETZ: We already approved it. 10 COMMISSIONER MOSER: Yeah, but I mean we -- 11 we asked him to come back and show us where they were 12 going to be. So I don't know if we need to approve it 13 or not but -- 14 COMMISSIONER BELEW: It says take 15 appropriate action so we -- do we -- 16 COMMISSIONER LETZ: Did we approve -- 17 JUDGE KELLY: We approved it last time. 18 COMMISSIONER LETZ: We approved it last 19 time. 20 COMMISSIONER MOSER: What we did is we 21 approved accepting the donation but contingent on Shane 22 showing us when and where and how. So he's showing us 23 when and where and how. 24 MR. EVANS: Right. 25 COMMISSIONER MOSER: So if we need to have a 116 1 motion, I'll move that we accept the plan as -- the 2 detailed plan as submitted. 3 COMMISSIONER BELEW: Second. 4 JUDGE KELLY: Motion's made by Commissioner 5 Moser, seconded by Commissioner Belew to accept the 6 Rockoff Tree Solutions donated tree plan as presented. 7 Any discussion? Those in favor raise your hand. 8 Unanimous, five zero. 9 COMMISSIONER MOSER: Thank you, Shane. 10 MRS. STEBBINS: Judge, before you move on, 11 the items that are under 4.3 should be moved into open 12 session. And they are all timed items. 13 JUDGE KELLY: I noticed that. 14 MRS. STEBBINS: Okay. 15 JUDGE KELLY: So do we stop what we're doing 16 with these other things and go to those? 17 MRS. STEBBINS: It's up to you, Judge. I 18 just wanted to point that out, that those should be 19 moved over into opening session. 20 JUDGE KELLY: Well, we still have a lot of 21 agenda to go. Let's just have a little discussion. 22 (Presentations were made on 4.3 a, b and c.) 23 JUDGE KELLY: Okay. Difficult meeting. 24 Where we are in our agenda, we skipped around a little 25 bit trying to make these timed deadlines. We have a 117 1 timed item at 11:40 which has long since passed, which 2 is where we can convene in Executive Session to 3 consider, discuss and take appropriate action to award 4 bids for the redistricting services. And I'm going to 5 propose that we put that off until we actually go into 6 Executive Session, finish up the rest of the docket 7 first. 8 We also have another Executive -- a couple 9 of Executive Session items with regard to security 10 assessment for the tax office. And I think it's in 11 regard to the election. So we'll put those off to 12 Executive Session. 13 MRS. STEBBINS: If you're going to go into 14 Executive Session to discuss any contract negotiations 15 for the redistricting -- 16 JUDGE KELLY: We'll need to -- 17 MRS. STEBBINS: -- that's how you would do 18 that. 19 JUDGE KELLY: Yeah. 20 MRS. STEBBINS: You'll need to vote that the 21 open discussions would impact your relationship with 22 third parties in that contract negotiation. And then 23 Deb will need to stay in for that. If you're not going 24 to make a -- a motion -- 25 JUDGE KELLY: Well, we're -- we're kind of 118 1 all over the place and I'm trying to finish up the 2 public portion of the meeting. 3 COMMISSIONER MOSER: Right. 4 JUDGE KELLY: So what I want to do is defer 5 the Executive Session portion of this meeting to the 6 end. 7 MRS. STEBBINS: That doesn't necessarily 8 have to be in Executive Session is what I'm trying to 9 say. I'm sorry I wasn't very clear. I'm hungry. 10 (Laughter.) 11 MRS. STEBBINS: I know y'all are, too. So 12 it doesn't necessarily have to be in Executive Session. 13 Obviously, you can't vote in Executive Session. So 14 y'all can make a motion and do that in open session 15 without having to go in Executive Session for 16 discussion. 17 COMMISSIONER BELEW: I've got a couple of 18 things that we can clear out. 1.10, I'm going to pass 19 on that. So take that off the list. 20 COMMISSIONER MOSER: Oh, good deal. 21 COMMISSIONER BELEW: And I can read very 22 quickly the nominees for the Historical Commission and 23 we can vote on those. That's going to be perfunctory. 24 JUDGE KELLY: Okay. 25 COMMISSIONER BELEW: Or we can just -- I 119 1 mean, we need their names in the record, don't we? 2 JUDGE KELLY: Right. Before we do that -- 3 COMMISSIONER BELEW: Okay. 4 JUDGE KELLY: -- I appreciate the pass on 5 that one. Is Kyle Schneider out in the hall? 6 MRS. STEBBINS: I haven't seen him at all. 7 COMMISSIONER MOSER: No. I haven't seen 8 him. 9 JUDGE KELLY: So let's go to Item 1.9. 10 Let's get us back on track. Consider, discuss and take 11 appropriate action to accept the annual Racial Profiling 12 Reports from Constable Precinct 2. 13 COMMISSIONER MOSER: I move we accept that 14 report. 15 COMMISSIONER BELEW: Second. 16 JUDGE KELLY: Motion's been made by 17 Commissioner Moser, seconded by Commissioner Belew to 18 accept the report as presented. Any discussion? Those 19 in favor raise your hand. Unanimous. 20 1.10 has been passed. 21 We now go to 1.11 consider, discuss and take 22 appropriate action to approve the new Kerr County 23 Historical Commission members. Commissioner Belew. 24 COMMISSIONER BELEW: All right. Those 25 members are Felecia Fisher and Charles Ray Dobbs, 120 1 Daneshu Clark, Dorsey Jack Reirdon, Linda Jones -- I 2 lost my place here -- Linda Jones Stephens, Kathy Schu 3 Switzer. And I move for approval. 4 COMMISSIONER LETZ: Second. 5 JUDGE KELLY: Motion's been made by 6 Commissioner Belew, seconded by Commissioner Letz to 7 approve the nominees for the Kerr County Historical 8 Commission as presented. Is there any discussion? 9 Those in favor raise your hand. Unanimous, five zero. 10 Getting back on track, we'll go over to 11 agenda item 1.24 consider, discuss and take appropriate 12 action to form a committee to review merit policy. 13 Commissioner Belew. 14 COMMISSIONER BELEW: Okay. I presume you 15 put this on the agenda -- or was this left over from -- 16 JUDGE KELLY: No, this was left over. 17 COMMISSIONER BELEW: This is what we had 18 decided when we were -- 19 JUDGE KELLY: Yeah. 20 COMMISSIONER BELEW: Okay. We had said -- 21 we have HR representative, the County Attorney, myself, 22 and I -- I don't know who else we need on -- 23 MRS. STEBBINS: Tanya. 24 COMMISSIONER BELEW: Who else? 25 MRS. STEBBINS: Tanya. 121 1 COMMISSIONER BELEW: Okay. Yes. Yes. 2 Tanya. Is there anyone else that -- 3 COMMISSIONER LETZ: We had several 4 members -- I thought we had several members -- 5 COMMISSIONER MOSER: Department heads. 6 COMMISSIONER LETZ: -- department heads 7 and -- 8 COMMISSIONER BELEW: Well, we didn't have 9 anybody -- 10 COMMISSIONER LETZ: Named. 11 COMMISSIONER BELEW: -- named. Yeah. So -- 12 and nobody said anything about wanting to be on it. 13 COMMISSIONER LETZ: Yeah. Probably we're 14 going to solicit to all county. 15 JUDGE KELLY: But we -- odd numbers are 16 good. 17 COMMISSIONER LETZ: Right. 18 COMMISSIONER BELEW: Yeah. They are. 19 MRS. STEBBINS: Y'all talked about the 20 Sheriff being included and probably Kelly from Road & 21 Bridge because they have a very large department. 22 COMMISSIONER MOSER: Right. Right. 23 MRS. STEBBINS: I can't remember who else 24 was suggested at that time. 25 COMMISSIONER MOSER: That's probably enough. 122 1 COMMISSIONER LETZ: That was it. Because I 2 thought there was some -- some non-department people it 3 was talked about -- 4 JUDGE KELLY: We've got six at that point, 5 we need -- we need an odd number. 6 COMMISSIONER BELEW: Well, if we include 7 Road & Bridge and Sheriff Department, that's six people. 8 JUDGE KELLY: That's right. We need one 9 more. 10 COMMISSIONER MOSER: So we need one more. 11 COMMISSIONER BELEW: One more person. 12 JUDGE KELLY: To get an odd number so you 13 can get a majority. 14 COMMISSIONER HARRIS: How about Bob? Bob 15 Reeves. 16 COMMISSIONER MOSER: Yeah. 17 COMMISSIONER LETZ: I'll just go back to 18 when we talked about it. Everyone thought we ought to 19 have a non-department head, we oughta to have some 20 employees -- 21 COMMISSIONER MOSER: Yeah. Some employees. 22 Correct. 23 COMMISSIONER BELEW: So was that -- 24 COMMISSIONER LETZ: But we don't -- but no 25 one volunteered. But I don't know that we requested 123 1 names. 2 COMMISSIONER MOSER: Well, why don't we just 3 say -- 4 COMMISSIONER BELEW: Well, let's start with 5 this and -- and put the word out that if -- if an 6 employee wants to be a part of it you're welcome to be a 7 part of it. One -- one more employee. Is that okay? 8 JUDGE KELLY: So the nominees are Jennifer 9 Doss, Heather Stebbins, Harley Belew, Tanya Shelton, 10 Larry Leitha, and Kelly Hoffer. 11 COMMISSIONER MOSER: And TBD. 12 JUDGE KELLY: TBD. 13 COMMISSIONER MOSER: TBD. 14 COMMISSIONER LETZ: And three or -- two or 15 three -- or three because -- either one or three other 16 employees. 17 COMMISSIONER MOSER: Right. 18 COMMISSIONER BELEW: Not to exceed three. 19 COMMISSIONER MOSER: Yeah. 20 COMMISSIONER LETZ: Not to exceed three. 21 COMMISSIONER MOSER: There you go. 22 MRS. STEBBINS: Can I nominate Jody on that? 23 COMMISSIONER BELEW: Yeah, I think 24 somebody's already asked her. 25 (Laughter and talking over.) 124 1 JUDGE KELLY: So we have three -- one to 2 three TBD's, right? 3 COMMISSIONER MOSER: One to three TBD's. 4 JUDGE KELLY: Okay. Is there a motion? 5 COMMISSIONER LETZ: Move for approval. 6 COMMISSIONER MOSER: Second. 7 JUDGE KELLY: Motion's been made by 8 Commissioner Letz, seconded by Commissioner Moser to 9 appoint a committee to review the merit policy 10 consisting of Jennifer Doss, Heather Stebbins, 11 Commissioner Belew, Tanya Shelton, Larry Leitha, Kelly 12 Hoffer, and one to three to be determined. Is there any 13 discussion? Those in favor raise your hand. Unanimous. 14 1.25 consider, discuss and take appropriate 15 action on the Implementation of the Burn Ban. It's that 16 time of the month again. 17 COMMISSIONER LETZ: I move for approval. 18 COMMISSIONER HARRIS: Second. 19 JUDGE KELLY: Motion's been made by 20 Commissioner Letz, seconded by Commissioner Harris what, 21 to implement the burn ban? 22 COMMISSIONER LETZ: To continue our policy. 23 To extend our current policy with regard to the burn 24 ban. 25 COMMISSIONER MOSER: Sticks and fins and 125 1 everything else. 2 COMMISSIONER LETZ: No, that's not it. 3 JUDGE KELLY: No, that's not it. 4 COMMISSIONER MOSER: Oh, it's -- this is 5 burn -- forget it. 6 COMMISSIONER LETZ: This is our -- to 7 continue our -- another 90-day burn ban under our 8 current policy. 9 COMMISSIONER MOSER: Right. 10 JUDGE KELLY: Okay. Any discussion? Those 11 in favor raise your hand. Unanimous. 12 COMMISSIONER BELEW: No fireworks for -- 13 JUDGE KELLY: Now we go to this one. 14 COMMISSIONER BELEW: -- Valentine's. 15 JUDGE KELLY: 1.26 -- no, this is Texas 16 Independence Day. All right. Consider, discuss and 17 take appropriate action to determine whether to allow 18 the retail fireworks permit holders to sell fireworks to 19 the public in celebration of Texas Independence Day. 20 COMMISSIONER HARRIS: I move that we do. 21 COMMISSIONER MOSER: Do what? 22 COMMISSIONER HARRIS: Allow them to sell for 23 Texas Independence Day. 24 COMMISSIONER BELEW: Second. 25 JUDGE KELLY: Okay. Motion's been made by 126 1 Commissioner Harris, seconded by Commissioner Belew to 2 approve the sale of fireworks on Texas Independence Day. 3 Any discussion? 4 MRS. STEBBINS: I have a question. Do you 5 want that to be a permission to sell with the 6 restrictions for the sky rockets with sticks and 7 missiles with fins, as permitted by the Local Government 8 Code, and that would be restricted fireworks? And that 9 also depends upon that Keetch-Byram index. 10 COMMISSIONER MOSER: We want it with 11 restrictions. Right? 12 COMMISSIONER HARRIS: We do and we're at 13 that. 14 COMMISSIONER MOSER: But I'm saying your 15 motion is for -- 16 COMMISSIONER HARRIS: Yes. With the 17 restriction of missiles with fins and rockets with 18 sticks -- or sticks with rockets. 19 MRS. STEBBINS: Sky rockets with sticks. 20 COMMISSIONER HARRIS: Yes. 21 JUDGE KELLY: And this is subject to the -- 22 the index? 23 COMMISSIONER HARRIS: Yes, it is. 24 JUDGE KELLY: Okay. And you agree to that 25 amendment? In your second you agree with the amendment? 127 1 COMMISSIONER MOSER: Yeah. 2 COMMISSIONER BELEW: Yes. 3 JUDGE KELLY: Okay. Any other discussion? 4 COMMISSIONER BELEW: So let's -- can you 5 state that clearly? 6 COMMISSIONER HARRIS: Okay. It would be to 7 allow the sale of fireworks during the Texas 8 Independence Day, with the restriction of no missiles 9 with fins or rockets with sticks. 10 COMMISSIONER MOSER: Good. 11 JUDGE KELLY: Okay. Any other discussion? 12 Those in favor raise your hand. Unanimous. 13 1.27 consider, discuss and take appropriate 14 action to suspend Law Library fee of $35.00 per new 15 filings on civil cases for the 216th and 198th and 16 County Court at Law, until such time the Law Library 17 reopens for public usage. Ms. Lantz. 18 MS. LANTZ: Good morning Judge, 19 Commissioners. This is just something since the Law 20 Library is not accessible to the public, I'd like to 21 suspend our fees that we collect because attorneys and 22 individuals cannot use the Law Library to do their 23 research. 24 COMMISSIONER LETZ: I think this is going to 25 be -- I mean, within a week they'll be using it. It'll 128 1 be open again. 2 MS. LANTZ: Well, I requested to someone to 3 tell me if it would be available or not, but I haven't 4 heard anything. 5 COMMISSIONER LETZ: It's -- yeah, it's -- 6 the plan is to let them use the old Juvenile Detention 7 Facility, for the short term. It will just be a little 8 bit longer than we originally anticipated. 9 JUDGE KELLY: We're going to temporarily 10 locate the Public Defender's Office in the old Juvenile 11 Probation Department. 12 COMMISSIONER LETZ: And as soon as that is 13 set up with IT and Maintenance moves furniture in, it'll 14 be out there. So it's just -- it'll be this week. 15 Maybe today for all I know. 16 MRS. DOSS: It's today. 17 COMMISSIONER LETZ: It's today? 18 MRS. DOSS: Yeah. 19 MS. LANTZ: Okay. Because I got a request 20 last week and wasn't sure and I heard rumor mills and -- 21 but was never told anything. So -- and I do have 22 attorneys that need to use that. 23 COMMISSIONER LETZ: I think they can get 24 access. 25 COMMISSIONER MOSER: Right. 129 1 COMMISSIONER BELEW: I'm not clear on this. 2 If they don't use it they don't pay anything, do they? 3 JUDGE KELLY: No. 4 COMMISSIONER BELEW: You said if they can't 5 access it we're not going to charge a fee. I missed 6 something. 7 MS. LANTZ: This is part of our filing fees 8 that we get approved every year through Commissioners' 9 Court. And Commissioners' Court designates these fees 10 for us to collect. So when they don't have access, it's 11 like charging them for something they have no access to 12 on their filing fees. 13 COMMISSIONER BELEW: So this is the -- this 14 is something they pay for access. 15 COMMISSIONER LETZ: They don't pay access. 16 It's a filing fee on all civil cases. 17 COMMISSIONER BELEW: It's not as you use it? 18 MS. LANTZ: Civil cases. Yes. 19 COMMISSIONER BELEW: Not as you use -- 20 COMMISSIONER LETZ: Yeah. It's not a use -- 21 it's for civil filings. 22 COMMISSIONER MOSER: So there's a change. 23 COMMISSIONER LETZ: I don't think we need to 24 make a change because they'll have access very quick. 25 And if it's an attorney that really has difficulty, he 130 1 can get access in there. 2 MS. LANTZ: Well, the last I heard was not 3 until June. I was not notified that it would be 4 changed. 5 COMMISSIONER LETZ: Been trying to find a 6 location. 7 MS. LANTZ: Okay. Then I would have taken 8 it off the agenda. Thank you. 9 COMMISSIONER MOSER: Thank you. 10 COMMISSIONER LETZ: Thank you, Dawn. 11 COMMISSIONER BELEW: Well, I learned 12 something anyway. 13 JUDGE KELLY: Let's move quickly. Approval 14 agenda. Pay bills. 15 COMMISSIONER LETZ: Judge, I'm going to have 16 to step out. 17 JUDGE KELLY: I understand. Do what 18 everybody has to do. We understand. 19 2.1 pay the bills. 20 MRS. SHELTON: Invoices for today's 21 consideration total $2,731,580.23. 22 COMMISSIONER MOSER: Move we pay the bills. 23 JUDGE KELLY: Second. 24 Motion's been made by Commissioner Moser, 25 which I seconded, to pay the bills as presented. Any 131 1 discussion? Those in favor raise your hand. Four zero, 2 unanimous. Still a quorum. 3 Budget amendments. 4 MR. ROBLES: We have four today. One is 5 going to be the fire protection and EMS with the City. 6 The 216th DA, Constable 3, and reallocating for 7 election. 8 COMMISSIONER HARRIS: Move for approval. 9 COMMISSIONER BELEW: Second. 10 JUDGE KELLY: Motion's been made by 11 Commissioner Harris, seconded by Commissioner Belew to 12 approve the budget amendments as presented. Is there 13 any discussion? Those in favor raise your hand. 14 Unanimous, four zero. Late bills. 15 MS. SHELTON: There are not any. 16 JUDGE KELLY: Auditor reports. 17 MS. SHELTON: Yes. We turned in one audit 18 report. We did a surprise cash count on the Sheriff's 19 Office on January the 4th and all was good. 20 COMMISSIONER MOSER: What did we go out of 21 the year with? 22 MS. SHELTON: We ended the year with about 23 2.9 million. 24 COMMISSIONER MOSER: Is that right? Revenue 25 over expenditures? 132 1 MS. SHELTON: Revenue over expenditures. 2 COMMISSIONER MOSER: 2.9 million. Okay. 3 MS. SHELTON: Uh-huh. 4 COMMISSIONER MOSER: Good deal. 5 MS. SHELTON: A lot of that was due to all 6 of the -- 7 COMMISSIONER MOSER: Just whatever it was, 8 2.9 million. 9 MS. SHELTON: Uh-huh. Yeah, sounds good. 10 COMMISSIONER MOSER: Okay. All right. 11 Thank you. 12 JUDGE KELLY: The next item is 2.6 court 13 orders. 14 MS. DOWDY: 2.5, Judge. 15 JUDGE KELLY: Oh, 2.5. Monthly reports. 16 COMMISSIONER HARRIS: Yes. For January, 17 2021 County Treasurer's report, Tracy Soldan. Constable 18 monthly report. Constable 1, Tommy Rodriguez. 19 Constable 2, Kyle Schneider. Constable 4, Brad Ryder. 20 Fines, judgments and jury fees. J.P. 1, Mitzi French. 21 J.P. 2, J.R. Hoyne. J.P. 3, Kathy Mitchell. Four -- 22 let's see. District Clerk's monthly report, Dawn Lantz. 23 Plus an amended County Clerk's monthly report, Jackie 24 "JD" Dowdy. I move for approval. 25 COMMISSIONER MOSER: Second. 133 1 JUDGE KELLY: Motion's been made by 2 Commissioner Harris, seconded by Commissioner Moser to 3 approve the reports as presented. Any discussion? 4 Those in favor raise your hand. Four zero. 5 Court orders. 6 MS. DOWDY: I submitted them and 7 Commissioner Letz said make a minor change to the Witt 8 Bridge court order. But would y'all like to pass until 9 next round? 10 COMMISSIONER BELEW: Well, I got it here. 11 MS. DOWDY: Oh, great. Okay. Excellent. 12 COMMISSIONER BELEW: So modify the order. 13 All the others were fine. The Witt Road and Bridge 14 reconstruction Order No. 38553, item 1.20, came to be 15 heard on this 25th day of January, 2021 with a motion 16 made by Commissioner Moser, seconded by Commissioner 17 Harris. The Court unanimously approved a vote of 18 5-0-0-0 to authorize -- add another zero in there if 19 you'd like -- to authorize the County Engineering 20 Department to proceed with the first option which keeps 21 the bridge in its current alignment. 22 COMMISSIONER MOSER: So that was the change? 23 COMMISSIONER BELEW: That -- approve and 24 authorize the County Engineering Department to proceed 25 with the first option, which keeps the bridge in its 134 1 current alignment. He just changed -- 2 COMMISSIONER MOSER: Right. Good. 3 COMMISSIONER BELEW: -- the language a 4 little bit. That's all. 5 COMMISSIONER MOSER: Move for approval for 6 that change. 7 COMMISSIONER HARRIS: Second. 8 MS. DOWDY: And do y'all want to -- I'm 9 sorry. Did you want to accept the rest of the orders. 10 COMMISSIONER MOSER: Yeah, accept the rest 11 of them. 12 MS. DOWDY: What was -- what was the series 13 numbers on that e-mail? 14 COMMISSIONER BELEW: On the e-mail? 15 MS. DOWDY: It's highlighted. 16 COMMISSIONER BELEW: On the e-mail -- 17 MS. DOWDY: Court orders -- 18 COMMISSIONER BELEW: 38541-38566. So 41 19 through 66. 20 MS. DOWDY: Okay. 21 JUDGE KELLY: Okay. We got a motion from 22 Commissioner Moser to approve the court orders as 23 presented, and a second was who? 24 COMMISSIONER HARRIS: Me. 25 JUDGE KELLY: Commissioner Harris. Any 135 1 discussion? Those in favor raise your hand. Four zero. 2 Moving on to the Information Agenda. Status 3 reports from department heads. We got one of them, I 4 think. 5 Status reports from elected officials. 6 Status reports from liaison commissioners. 7 COMMISSIONER MOSER: Real -- real quickly. 8 On economic development, there's -- the RBR has began 9 work out at -- they have begun work at the airport on 10 avionics maintenance, and they looked -- they had hoped 11 or had plans of expanding up to 40 to 50 people. So 12 they're going to need some additional facilities but 13 that's really good news. And Mooney has had discussions 14 with the company about manufacturing an aircraft. Can't 15 say anything more about it than that. 16 And Killdeer Mountain Manufacturing looks 17 like it'll be the summer -- this summer when they begin 18 operations. So that's it. 19 JUDGE KELLY: Okay. Anything else? Very 20 good. We've got two matters in Executive Session. One 21 which is the contract matter, which will require 22 unanimous approval. Can we do that without -- 23 MRS. STEBBINS: You don't have to go into 24 Executive Session. You can't -- obviously you can't 25 vote on it in Executive Session but you don't have to go 136 1 into Executive Session. 2 JUDGE KELLY: Okay. We'll -- we'll do that. 3 MRS. STEBBINS: Okay. 4 JUDGE KELLY: But we do have to do the -- so 5 at this time we'll go into Executive Session. And what 6 we have down here is 4.4 deliberation regarding real 7 property, which is to consider, discuss and take 8 appropriate action regarding the security assessment 9 with Kerr County tax office. Is that correct? 10 MR. REEVES: I believe there was a revision 11 sent out, Judge. 12 MRS. STEBBINS: It should be under 4.5. 13 JUDGE KELLY: 4.5, which is the security 14 assessments -- that's good. Security assessments or 15 deployments relating to information regarding resources 16 technology as per Section 551.089. And that's correct. 17 MR. REEVES: That is correct, Judge. 18 JUDGE KELLY: Okay. And with that, we will 19 break. We'll take just a couple minute break to 20 transition and go into Executive Session. And if you 21 all would, put the placards on the door. 22 (Executive Session.) 23 JUDGE KELLY: Court is back in open session. 24 And we have two things to work -- to vote on. The first 25 one is the security assessment of Kerr County's tax 137 1 office that Mr. Reeves presented. Is there a motion? 2 COMMISSIONER MOSER: Judge, I make a motion 3 that we approve the action as proposed by the tax 4 assessor/collector and voting organization to -- to have 5 a written documentation plan for voting security. 6 COMMISSIONER BELEW: Second. 7 COMMISSIONER MOSER: Using -- using -- 8 COMMISSIONER HARRIS: Available grant? 9 COMMISSIONER MOSER: -- available grant 10 funding. 11 MR. REEVES: And does that also include, 12 Commissioner, permission for the Judge to execute 13 contracts with AT&T? 14 COMMISSIONER MOSER: And to execute 15 contracts. Right. And with that would be an 16 approximate expenditure of County funds not to exceed 17 $400. 18 MR. REEVES: The total cost after all 19 grants. 20 COMMISSIONER MOSER: Right. Correct. 21 JUDGE KELLY: I think we got a motion from 22 Commissioner Moser and a second from Commissioner Belew. 23 Any discussion? Those in favor raise your hand. 24 Unanimous. 25 Now let's go back to the more important 138 1 matter at hand -- well, I'm not going to say more 2 important. Maybe more controversial. And this has to 3 do with item -- we're going to do this in open session 4 instead of executive session, but this is going to be on 5 4.3(d), which is to consider, discuss and take 6 appropriate action to award bids for redistricting 7 services. 8 COMMISSIONER HARRIS: Well -- 9 COMMISSIONER MOSER: Go ahead. 10 COMMISSIONER HARRIS: Well, I'll just make a 11 motion that we accept Bickerstaff Heath Delgado and 12 Acosta, LLP to do our redistricting plan. I think 13 they're a Texas group that we've worked with in the past 14 and have treated us right. They gave us a maximum 15 amount and in the past it hasn't gotten close to the 16 maximum amount that it could have cost the County. So I 17 feel comfortable dealing with them. 18 COMMISSIONER MOSER: I was hoping we would 19 have discussion before we had a motion but we have a 20 motion. 21 JUDGE KELLY: Well, technically we're 22 supposed to have a motion and a second before we 23 discuss. 24 COMMISSIONER MOSER: Okay. 25 JUDGE KELLY: I'm looking at Commissioner 139 1 Harris. Is there anything else you want to put in your 2 motion? 3 COMMISSIONER HARRIS: Okay. 4 MRS. STEBBINS: That's a proposed order. If 5 you all get a second -- that's a vote -- I'm sorry. 6 That's a vote order that Chuck included in his 7 presentation, it's in each of your packets. That if you 8 vote to do this, that's the order that you'll be 9 signing. Each of you signs it. And then there's a 10 contract in there as well, which I reviewed and no -- I 11 have no recommended changes. 12 COMMISSIONER HARRIS: Okay. We'll get a 13 second. 14 JUDGE KELLY: Pardon? 15 COMMISSIONER HARRIS: Can we get a second? 16 JUDGE KELLY: Not yet. 17 COMMISSIONER MOSER: Not yet. 18 COMMISSIONER BELEW: Are we going to talk 19 about it and -- 20 COMMISSIONER MOSER: I want to talk about 21 it. 22 COMMISSIONER BELEW: Are you saying we need 23 to make the motion before we have the discussion. So 24 I'll -- I'll second the motion. 25 JUDGE KELLY: We usually have to have a 140 1 motion on the floor so we know what we're talking about. 2 COMMISSIONER BELEW: Yes. Okay. 3 COMMISSIONER MOSER: Okay. 4 JUDGE KELLY: So we've got a motion from 5 Commissioner Harris, a second from Commissioner Belew. 6 Now let's talk about redistricting contract. 7 COMMISSIONER MOSER: Okay. I listened to 8 them carefully. I -- I think there's a group in 9 California. They're high, which is fair. They didn't 10 seem -- they didn't explain how they were using the 11 interactive map with the redistricting lines to be done 12 very easily. I listened carefully to Bickerstaff and -- 13 and also to the other company, ARC? 14 JUDGE KELLY: ARCBridge. 15 COMMISSIONER MOSER: ARCBridge. When I look 16 at that, ARCBridge said the same things that Bickerstaff 17 had. Bickerstaff, okay, said almost exactly the same 18 thing. Yeah, they're remote but they're -- Bickerstaff 19 was 50 percent more in not to exceed. So it's like 20 $10,000 difference. It's nice to have somebody here, 21 but on the other hand I was impressed with -- with the 22 lady. And she hit all the buttons as far as I was 23 concerned on what they could do and how they did it. 24 And sounds like they got a lot of experience. So it's 25 hard to -- it's hard to peer in something that has that 141 1 kind of price difference. For me. 2 COMMISSIONER HARRIS: Costs is always a big 3 factor with me, Commissioner Moser, as you well know. 4 Having -- and I think the Bickerstaff firm said that 5 they quoted us, what, 31, 32,000 -- 6 COMMISSIONER MOSER: 33, I think. 7 COMMISSIONER HARRIS: -- in 2010 or 2011, 8 and it ended up costing the County 12 so. 9 COMMISSIONER MOSER: Yeah, but that's 10 because we didn't redistrict. We didn't change the 11 lines. Right. But that was -- that was -- the County 12 said we don't want to change it, so I kind of put that 13 aside. Okay. It could happen again. It could happen 14 with the other one, too. 15 COMMISSIONER HARRIS: Well, I don't know 16 that they made concession to -- if -- 17 COMMISSIONER MOSER: Well, you wouldn't have 18 to have all the meetings that they said -- you said you 19 were going to do it in. All they do is look at it and 20 say -- say you meet all the requirements, meet all the 21 laws so -- so -- I don't know. It looks to me like 22 it's -- if somebody's going to say we've taken the 23 consensus -- the census information, here's a map, and 24 they -- I think either one of them can do that and say 25 Option A, B, or C. Okay. And then you can reiterate 142 1 them live on Zoom, say let's change this, we don't want 2 to delete Kerrville South from this region because of 3 some communities there, and you can sit there and do 4 those things real time. So it looks like technically 5 both of them can do it. Okay. 6 And to me, it's probably much of a technical 7 thing as it is -- I wish Jonathan was here, he's been 8 through this before, to see what -- what his input was 9 on community interaction and all. So with that, do 10 we -- do we need to decide that today? I'd like to -- 11 I'd like to hear what Jonathan's experience has been. 12 COMMISSIONER BELEW: He already said what he 13 wanted to do. 14 COMMISSIONER MOSER: Oh, did he? 15 COMMISSIONER BELEW: Before he left. 16 COMMISSIONER MOSER: What did he -- okay. 17 COMMISSIONER BELEW: He likes the Texas 18 company. 19 COMMISSIONER MOSER: Okay. Well -- 20 COMMISSIONER BELEW: But I wanted to say 21 this. I thought the first presentation was a little 22 anemic. I wasn't impressed with -- 23 COMMISSIONER MOSER: Right. 24 COMMISSIONER BELEW: -- that. And it was 25 expensive. I thought the last presentation was really 143 1 strong. Prices good. But the thing that's going to 2 make a difference for me is these guys being in Texas. 3 Knowing the lay of the land. 4 COMMISSIONER MOSER: Uh-huh. 5 COMMISSIONER BELEW: Even knowing the 6 topography. 7 COMMISSIONER MOSER: Right. 8 COMMISSIONER BELEW: Being available. And 9 I -- like I sad, I thought she made a really strong 10 presentation. She touched on everything. But they're a 11 long ways off. She also included hourly rates here. So 12 I don't know what all that might mean, you know, extra 13 costs. 14 COMMISSIONER HARRIS: I would have liked to 15 have seen them done more Texas work. A few counties or 16 something or even cities or something. But, you know, 17 all they had was school districts. 18 COMMISSIONER MOSER: But that's using 19 numbers. Using numbers and maps. It doesn't matter 20 whether they're here or not. It's nice to have somebody 21 physically here. And I think -- 22 COMMISSIONER HARRIS: Sure. 23 COMMISSIONER BELEW: And somebody you've 24 done business with before. 25 COMMISSIONER MOSER: Right. 144 1 COMMISSIONER HARRIS: Yes. 2 COMMISSIONER BELEW: And that counts a lot 3 for me. 4 COMMISSIONER HARRIS: It's almost like 5 shopping local. 6 COMMISSIONER BELEW: Yeah. But I -- I was 7 impressed with the presentation, but I -- I feel my -- 8 my level of -- my comfort level is sticking with guys 9 we've done business with before. 10 COMMISSIONER MOSER: More -- more of the 11 known. Okay. 12 JUDGE KELLY: Well, and I'll -- I'll be very 13 specific as to why I have a little bit more comfort -- 14 confidence in the Bickerstaff firm. If you turn to 15 Page 14 of the ARCBridge report, what struck me, I was 16 unaware that -- and so I found that very illuminating 17 and helpful for me to understand that no longer do we 18 have to report to the Department of Justice. 19 COMMISSIONER BELEW: Right. 20 COMMISSIONER MOSER: Uh-huh. 21 JUDGE KELLY: It's a huge thing. But if you 22 look at that middle column at the very bottom of the 23 page, where it says -- the center down in the middle of 24 that, the center column, it says submit to DOJ. And we 25 don't have to submit to DOJ. Well, I know it's a small 145 1 thing, but I want people that are really on top of their 2 game and I feel comfortable with the Bickerstaff firm. 3 COMMISSIONER BELEW: Well, she mentioned 4 that verbally, though. 5 MRS. STEBBINS: Lawyers. Your attorney -- 6 COMMISSIONER MOSER: And I -- I looked at 7 that, too, Judge. I noticed that same thing. I figured 8 they write these proposals all the time. I figure they 9 were boiler plate and they should have taken it out but 10 they didn't. 11 JUDGE KELLY: 2013. 12 COMMISSIONER MOSER: Right. 13 JUDGE KELLY: They've had plenty of time to 14 get that typo. 15 COMMISSIONER MOSER: Oh, I agree with you, 16 yeah. Yeah. 17 JUDGE KELLY: So -- but I'm -- I'm going -- 18 I'm a Bickerstaff guy. 19 COMMISSIONER MOSER: Well, okay. That's 20 fine with me. 21 COMMISSIONER BELEW: Well, I shop at Gibsons 22 and it costs more and I -- I buy my groceries at the 23 Ingram grocery store and it costs more. 24 COMMISSIONER MOSER: That's because you -- 25 you've never -- at Gibsons you -- because you always 146 1 find what you're looking for there. 2 COMMISSIONER BELEW: That's right. 3 COMMISSIONER MOSER: Okay. All right. So 4 we got a motion and a second. 5 JUDGE KELLY: We got a motion and a second. 6 All those in favor raise your hand. Unanimous, four 7 zero. 8 COMMISSIONER MOSER: Okay. 9 JUDGE KELLY: Okay. Is there any other 10 business before the court? Hopefully not. It's been a 11 long day. I appreciate everybody's patience. I know 12 it's a little late. Let's go get a bite to eat. We are 13 adjourned. 14 * * * * * * 15 16 17 18 19 20 21 22 23 24 25 147 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 26th 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