1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Regular Session 5 Monday, April 12, 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. 8 4 1.1 Consider, discuss and take appropriate 10 action regarding the update, facility use 5 and other matters related to the severe winter weather disaster. 6 1.2 Consider, discuss and take appropriate 14 7 action regarding the Local State of Disaster due to Severe Winter Weather that was signed 8 by Judge Kelly on February 22, 2021 and extended until terminated by order of the 9 Kerr County Commissioners' Court on February 23, 2021. 10 1.3 Consider, discuss and take appropriate 16 11 action to approve Proclamation designating May 6, 2021 as "National Day of Prayer", and 12 approve request to use courthouse grounds for an event that day. 13 1.4 Consider, discuss and take appropriate 18 14 action to adopt Proclamation proclaiming April 25, 2021 to May 2, 2021 as Soil & 15 Water Stewardship Week. 16 1.5 Consider, discuss and take appropriate 20 action regarding the Hog Abatement Interlocal 17 Cooperation, Amendment 1, between Kerr County and UGRA. 18 1.6 Consider, discuss and take appropriate 23 19 action to accept donation of a park bench at Flat Rock Park. 20 1.7 Consider, discuss and take appropriate 24 21 action regarding the First Amendment to the Professional Services Agreement between Kerr 22 County, Texas and Peter Lewis Architect + Associates. 23 1.8 Consider, discuss and take appropriate 28 24 action to establish Maintenance Petty Cash Fund of $100.00 per TX LGC Section 130.909. 25 3 1 I-N-D-E-X 2 NO. PAGE 3 1.9 Consider, discuss and take appropriate 30 action to approve budget calendar for FY 4 2021-2022. 5 1.10 Consider, discuss and take appropriate 31 action to declare various IT equipment as 6 surplus. 7 1.11 Consider, discuss and take appropriate 31 action to ratify and confirm Kerr County 8 Pro Rata distribution of proceeds from Tobacco Settlement permanent trust account. 9 1.23 Consider, discuss and take appropriate 34 10 action to approve 1st Amendment to Interlocal Cooperation Agreement of Kerr 11 County and Kendall County WCID #1. 12 1.24 Consider, discuss and take appropriate 40 action to amend the employee handbook 13 holiday policy and to incorporate an inclement weather/emergency weather policy. 14 1.25 Consider, discuss and take appropriate 44 15 action to approve changes to the Payroll Change Notice form to incorporate position 16 schedule budget guidelines. 17 1.26 Consider, discuss and take appropriate 46 action to amend the employee handbook to 18 clarify longevity and certification pay effective date. 19 1.27 Consider, discuss and take appropriate 48 20 action to approve the Human Resource procedures and to include them in the 21 Supervisor Handbook. 22 1.28 Consider, discuss and take appropriate 55 action to determine whether to allow the 23 retail fireworks permit holders to sell fireworks to the public beginning May 1, 24 2021 and ending at midnight May 5, 2021 in celebration of Cinco de Mayo, pursuant 25 to Texas Occupations Code, Section 2154.202(g)(3). 4 1 I-N-D-E-X 2 NO. PAGE 3 1.29 Consider, discuss and take appropriate 58 action to accept the Certificate of Course 4 Completions for the Open Meetings Act and Public Information Act for Jonathan (Brad) 5 Rider, Constable Precinct 4. 6 1.12 Consider, discuss and take appropriate 61 action for Commissioners' Court approval 7 regarding two(2) Kerr County Agreements for storage of Kerr County-owned materials and/or 8 equipment. The locations are 495 Scenic Hills Rd. N., Precinct 1, and 135 Cutbirth 9 Dr. S. 10 1.13 Consider, discuss and take appropriate 63 action to discuss road damage and repair 11 options from Winter Storm Uri. 12 1.22 Consider, discuss and take appropriate 69 action for the Court to authorize the County 13 Judge to execute a contract with Rock Engineering & Testing to perform a 14 geotechnical pavement evaluation for roads damaged in Winter Storm Uri, 2.5 miles of 15 Ranchero Road and 0.4 miles of Sheppard Rees Road. 16 1.14 Public Hearing for a Revision of Plat for 72 17 The Ravine, Lot 21, and a portion of the Common Area, Volume 4, Page 16. 18 1.15 Consider, discuss and take appropriate 126 19 action for the Court to approve a Revision of Plat for The Ravine, Lot 21 and a 20 portion of the Common Area, Volume 4, Page 16. 21 1.16 Consider, discuss and take appropriate 138 22 action for the Court to set a public hearing for 10 a.m. on May 24, 2021 for 23 a Revision of Plat for Elm Pass Ranch No. 2, Lots 61, 62, 65, 66, 74, and 75, 24 Volume 3, Page 100. 25 5 1 I-N-D-E-X 2 NO. PAGE 3 1.17 Consider, discuss and take appropriate 139 action for the Court to set a public 4 hearing for 10 a.m. on May 24, 2021 for a Revision of Plat for Treasure Hills Ranch, 5 Tracts 17A, 17B, and 18B, Volume 5, Page 397. 6 1.18 Consider, discuss and take appropriate 140 action for the Court to provide input on a 7 concept plan for a proposed 1,040 acre gated residential subdivision on RM 480, to 8 be known as Verde Creek Ranch. 9 1.19 Consider, discuss and take appropriate 149 action for the Court to receive and review 10 the Wastewater Capacity Model prepared by Tetra Tech for the East Kerr County/Center 11 Point Wastewater Collection Project, and to consider policy for future connection of 12 new development to the system. 13 1.20 Consider, discuss and take appropriate 164 action on request from Center Point Village 14 to connect to the East Kerr County Wastewater Project. 15 1.21 Update on the proposed Comfort RV Park 186 16 located at Hermann Sons Road and State Highway 27, and their proposed connection 17 to the East Kerr County Wastewater System. 18 1.30 Consider, discuss and take appropriate 190 action to amend the Hill Country Regional 19 Public Defender's Office Oversight Board Membership and Policies, approved October 20 26, 2020, Court Order No. 38409, to delete the requirement to post agendas of the 21 Oversight Board Committee pursuant to the Open Meetings Act. 22 1.31 Consider, discuss and take appropriate 193 23 action on organization of payroll function. 24 1.32 Consider, discuss and take appropriate 197 action to set step and grade for Human 25 Resources Department employees. 6 1 I-N-D-E-X 2 NO. PAGE 3 2.1 Pay Bills. 199 4 2.2 Budget Amendments. 200 5 2.3 Late Bills. 200 6 2.4 Auditor Reports. 201 7 2.5 Accept Monthly Reports. 202 8 2.6 Court Orders. 202 9 3.3 Status reports from Liaison Commissioners. 203 10 *** Adjournment. 205 11 *** Reporter's Certificate. 206 12 * * * * * * 13 14 15 16 17 18 19 20 21 22 23 24 25 7 1 JUDGE KELLY: Court is now in session. It 2 is Monday morning, April the 12th, nine o'clock a.m., 3 and the Kerr County Commissioners' Court is now in 4 session. We have a rather long docket today so we'll 5 try to be efficient. I'm trying to remember who has the 6 prayer and pledge this morning? 7 COMMISSIONER MOSER: I think I did it last 8 time. 9 COURT REPORTER: Commissioner Letz did it 10 last time. 11 COMMISSIONER LETZ: I did it last time so 12 it's Harris. 13 JUDGE KELLY: Harris? Okay. Everyone 14 please stand for the prayer and pledge. 15 (Prayer and Pledge.) 16 JUDGE KELLY: Please be seated. As always, 17 let me remind you about your cell phone. If you would 18 at least put them to vibrate so they don't go off and 19 interrupt the Court proceedings. 20 Next is our public input. This is the 21 opportunity for the public to come address the Court and 22 tell us what you'd like for us to hear. It is -- notice 23 it is input from the public, it is not output from the 24 Court. So we don't get to respond but we get to listen. 25 Is there anyone who would like to address the Court? 8 1 And I remind you that for those of you that 2 want to call in, the number is (830) 792-6161. And that 3 rings on a cell phone that is at the Court Coordinator's 4 desk and she will give us your telephone number and we 5 will call you off of the -- a mic that we have here at 6 the court bench. So if anyone would like to address the 7 Court, this is your opportunity. And this is on an item 8 that is not on the agenda. If it's on the agenda, we 9 ask that you wait until that agenda item is called. Any 10 input? Okay. In case somebody calls. 11 Why don't we go ahead and move on with 12 Commissioners' Comments. And let's start in reverse 13 today, let Commissioner Harris go first. Precinct 4. 14 COMMISSIONER HARRIS: Okay. We need a 15 little rain. We still have the burn ban off in 16 Precinct 4, but we could sure use a shot of rain. Looks 17 like we might have a shot at it this week and we're 18 hopeful for that. That's about all I've got right now. 19 JUDGE KELLY: Good. Three. 20 COMMISSIONER LETZ: I don't believe I have 21 anything, Judge. A lot of stuff on the Agenda I'll be 22 talking about. 23 JUDGE KELLY: Good. Two. 24 COMMISSIONER MOSER: Yes, Judge. Thank you. 25 There was a information meeting held by TCEQ on West 9 1 Texas Aggregate quarry last week. Lasted an hour and a 2 half. TCEQ did a very good job of listening to 3 everybody, explaining what they could and couldn't do. 4 There was a lot of participation from neighbors from the 5 quarry. 6 One of the big concerns was noise, nothing 7 TCEQ can do about that. The other one was proximity to 8 some of the residents to the operating equipment. TCEQ 9 agreed to come out and take a look at that. TCEQ was 10 very proactive in this and this meeting was called by 11 Andy Murr, so it worked out well. And Kellie Early was 12 on the -- on the conference call for that, it was all 13 held virtually. 14 So the other thing was silt in the air. A 15 lot of evidence from that, so TCEQ registered on both of 16 those. Gave the phone numbers of the right contacts for 17 people to call, so I think it was very positive. I felt 18 very positive about it. So things -- things are 19 working, so that's all I have. 20 JUDGE KELLY: Very good. Precinct 1. 21 Welcome back. 22 COMMISSIONER BELEW: Thank you. I want to 23 thank the Lord and everybody that prayed for me because 24 He heard and carried me through it, and remind all the 25 kids always put safety first, kids. Don't do what Uncle 10 1 Harley did. And I'm glad to be back. Thank you. 2 JUDGE KELLY: Good. Okay. Let's move on to 3 the Consideration Agenda. Item 1.1 consider, discuss 4 and take appropriate action regarding update, facility 5 use and other matters related to severe winter weather 6 disaster. Dub Thomas. 7 MR. THOMAS: Good morning, Judge. Good 8 morning, Commissioners. Welcome back, Harley. 9 COMMISSIONER BELEW: Thank you, sir. 10 MR. THOMAS: At this point, we still have 11 been submitting the I-stat and information from the 12 P-stat is being submitted through another database. 13 Basically, we're uploading all our documents into TDEM 14 and FEMA for their perusal. 15 The I-stat information and the P-stat data 16 all needs to be completed by April the 19th, because on 17 April the 20th all of that is going to be submitted to 18 FEMA. 19 At this point, we're still trying to get 20 some more information sent for the individual assistance 21 declaration. The survey itself, so far we've had 545 22 total submissions. 23 COMMISSIONER MOSER: Wow. 24 MR. THOMAS: Three are destroyed. Major is 25 169. Minor damage 119. Affected 57. Minimal damage 11 1 197. 2 So about a week and a half ago, I got an 3 e-mail from a representative from TDEM that gave us 30 4 homes. 19 of those needed to either have -- they met 5 the FEMA criteria. They're either no insurance, 6 underinsured, major or -- or destroyed. And so 19 of 7 them they either left off the address or they didn't 8 submit pictures, which means they probably did the 9 survey over the phone on the toll-free number. So I 10 e-mailed, called multiple times all those individuals. 11 Several of them have responded, several of them they've 12 already redone the surveys and completed them. 13 Last week, last Thursday, the issue that 14 TDEM asked me about was the three that we were showing 15 as destroyed. When you look at the individual 16 assistance survey, the data there shows -- those 17 individuals showed destroyed but livable, which is kind 18 of -- kind of not -- it doesn't -- 19 COMMISSIONER MOSER: Oxymoron. 20 COMMISSIONER BELEW: It depends on your 21 standards. 22 MR. THOMAS: I guess so. So one of those 23 destroyed's turned out they were not -- I called them 24 personally, and they were from -- actually from Live Oak 25 County. So it wasn't somebody -- when they did the 12 1 survey online, whoever took their information down put 2 something in there wrong and somebody from George West 3 wound up in Kerr County's data. 4 The other destroyed we had was actually an 5 outbuilding, and that's not really going to count as far 6 as -- it's usually the -- the main home is the one that 7 they're looking at. 8 And the other one, the third major one that 9 I called about, she refused to submit photographs until 10 Kerr County has been accepted into individual 11 assistance. And I couldn't convince her of the fact 12 that we're not going to get individual assistance if you 13 don't submit those photographs. So -- and she was 14 adamant with it. 15 So at this point it's going -- probably 16 going to be up to our -- the major damage ones that are 17 listed in there. There were 30 total, so 11 met the 18 criteria that had photos and address and everything. So 19 as those individual assistance surveys have been redone 20 by the folks that were cooperative, all that data is 21 being forwarded on to FEMA. So I'm hoping sometime 22 within the next two weeks we'll find out whether or not 23 we're included in the individual assistance. 24 That's it right now. I mean the Auditor's 25 Office is submitting everything into the database. What 13 1 do they call it, the NAZ(phonetic), or something like 2 that. And so we're just -- we're just waiting. 3 JUDGE KELLY: Well, Dub, let me ask you. 4 We're getting ready to -- the next item on the Agenda is 5 to talk about the State of Disaster that was ordered 6 back in February when the storm was going. What are 7 your thoughts as to should we continue to extend that 8 order of disaster or -- State of Disaster order or do we 9 go ahead and terminate it? 10 MR. THOMAS: I would go ahead and terminate. 11 I think at this point all we're -- the disaster is over. 12 We're submitting our documentation. Most everybody that 13 I've -- I have not heard of anybody that has not had 14 their home repaired, but I'm sure there are a few out 15 there, but at this point it's still up to their 16 insurance and stuff like that. But I -- at this point, 17 I think we can not extend the disaster order. 18 COMMISSIONER HARRIS: You don't think it has 19 any bearing on it going forward -- 20 MR. THOMAS: No. 21 COMMISSIONER HARRIS: -- as far as anybody 22 getting anything? 23 MR. THOMAS: I don't -- no, it -- it won't 24 have any bearing. 25 JUDGE KELLY: Okay. Very good. Anything 14 1 for Dub Thomas? 2 COMMISSIONER BELEW: I wanted to just state 3 that a lot of people early on seemed to be critical that 4 this was moving slow, you can see why. It's obvious to 5 see why. It wasn't Dub's fault. It wasn't our 6 Emergency Management. It wasn't even FEMA. It was our 7 participation. 8 MR. THOMAS: Well, we've still got until 9 April the 19th. The date -- the final date is April 10 20th. That's when TDEM submits everything to FEMA, both 11 from the public assistance side and from the individual 12 assistance side. But some of our individual assistance 13 stuff is already going up to the FEMA and trying to get 14 us into the individual assistance declaration. But yes, 15 you can only drag the horse to water but you can't make 16 it drink. So -- 17 JUDGE KELLY: So for those in the public 18 that are watching, anyone that has a claim, now is the 19 time to get your paperwork and get it filed. 20 MR. THOMAS: If you haven't done the survey, 21 do it anyway. If you -- if you had damage. 22 JUDGE KELLY: Very good. Thank you. 23 MR. THOMAS: Yes, sir. 24 JUDGE KELLY: Next item on the agenda is 1.2 25 consider, discuss and take appropriate action regarding 15 1 the Local State of Disaster due to severe winter weather 2 order that was signed by me on February the 22nd and 3 extended until terminated by order of the Commissioners' 4 Court on February 23rd. 5 I think -- that's the reason I asked Dub, 6 because I knew this was what was coming up next on the 7 agenda. Any comment or questions anybody wants to ask 8 about that before we -- 9 COMMISSIONER LETZ: Judge, I'll make a 10 motion that we terminate the Emergency Declaration 11 signed by you on February 22nd, 2021. 12 COMMISSIONER BELEW: Second. 13 COMMISSIONER MOSER: Second. Go ahead. 14 JUDGE KELLY: Okay. Motion's been made by 15 Commissioner Letz, seconded by Commissioner Belew to 16 terminate the State of Disaster order that we entered 17 back in February for the storm. Is there any other 18 discussion? 19 COMMISSIONER HARRIS: As long as it doesn't 20 have bearing on our citizens getting the help, then 21 there's no need for it. 22 JUDGE KELLY: Well, that's why I asked Dub 23 while he was here. 24 COMMISSIONER HARRIS: Yeah. Okay. 25 JUDGE KELLY: Okay. With that, those in 16 1 favor raise your hand. Unanimous, five zero. 2 Moving on to 1.3 I saw Mr. Melton out in the 3 hallway just a minute ago. Consider, discuss and take 4 appropriate action to approve the Proclamation 5 designating May 6th, 2021 as National Day of Prayer, and 6 approve the request to use the courthouse grounds for an 7 event that day. Matt Melton. 8 MR. MELTON: Good morning. 9 JUDGE KELLY: Good morning. 10 MR. MELTON: I'm Matt Melton. I'm a 11 chaplain over at Peterson Health. But today I'm here 12 with the -- to represent the Kerr Ministerial Alliance. 13 And we're requesting the use of the flagpole area in the 14 front yard May the 6th, Thursday, for the National Day 15 of Prayer. And there's a Proclamation, if you would be 16 willing to sign that, we would appreciate that. 17 Last year David Danielson was here with the 18 same request. I think we've been doing this many years. 19 COMMISSIONER BELEW: A long time. 20 COMMISSIONER MOSER: A question on the 21 Proclamation. 22 MR. MELTON: Yes, sir? 23 COMMISSIONER MOSER: It says America was 24 founded upon the principals of Christian faith and 25 freedom. Was it not Judeo-Christian as opposed to just 17 1 Christian? 2 MR. MELTON: That's a good point. We could 3 add that on there. 4 COMMISSIONER MOSER: Yeah. If that's -- and 5 I'm just asking the question. I think -- that's my 6 understanding. 7 MR. MELTON: Yeah. 8 COMMISSIONER MOSER: So I think that that 9 would -- that change would be appropriate if you could 10 do that. 11 MR. MELTON: Okay. Thank you. 12 COMMISSIONER MOSER: Okay. Other than that, 13 looks good to me. 14 COMMISSIONER HARRIS: I'll move for 15 approval. 16 COMMISSIONER MOSER: Second. 17 JUDGE KELLY: Okay. Motion's been made by 18 Commissioner Harris, seconded by Commissioner Moser to 19 approve the Proclamation designating May 6th, 2021 as 20 National Day of Prayer and approving the request to use 21 the courthouse grounds for an event that day. Any other 22 discussion? Those in favor raise your hand. Unanimous, 23 five zero. 24 COMMISSIONER MOSER: And change that 25 Proclamation. 18 1 MR. MELTON: Right. Thank you. 2 JUDGE KELLY: Thank you. 3 MR. MELTON: I appreciate it. 4 COMMISSIONER BELEW: That wasn't so hard, 5 was it? 6 MR. MELTON: No, sir. 7 COMMISSIONER BELEW: You did great. 8 JUDGE KELLY: Item 1.4 consider, discuss and 9 take appropriate action to adopt a Proclamation 10 proclaiming April 25, 2021 to May 2nd, 2021 as Soil and 11 Water Stewardship Week. Denise Griffin. Do we have 12 Denise Griffin out there, Sheriff, if you could check? 13 SHERIFF LEITHA: No, sir, Judge. 14 JUDGE KELLY: Okay. Well, we have a copy of 15 the Proclamation in our packet for today's agenda. Is 16 there any discussion about this item? 17 COMMISSIONER MOSER: I was just -- if she 18 was here I was going to ask her about what might be done 19 to educate the public more on conservation of water. 20 SHERIFF LEITHA: Are they watching upstairs, 21 do you know? 22 JUDGE KELLY: I know that the Central Jury 23 Room upstairs, the courtroom upstairs, is for the 24 overflow. I don't know if anybody's up there or not. 25 SHERIFF LEITHA: I'll check real quick. 19 1 COMMISSIONER MOSER: Well, that -- that was 2 going to be my question. There's -- there's a lot of -- 3 you know, we're getting more and more into drought 4 conditions, and I think there's a lot of -- you know, 5 probably educating the public more on conservation of 6 water would be appropriate. 7 COMMISSIONER HARRIS: But they -- they do a 8 good job of that. They -- I've -- I've seen several 9 things they've done with the schools and what have you 10 as far as, you know, getting vegetation growing 11 immediately to keep erosion down and stuff like that. 12 And then as you point out, as well as conservation. So 13 they do a good job. 14 COMMISSIONER MOSER: Yeah. 15 COMMISSIONER HARRIS: And in view of all 16 that, I want to move for approval. 17 COMMISSIONER MOSER: Okay. 18 COMMISSIONER LETZ: Second. 19 JUDGE KELLY: Okay. Motion's been made by 20 Commissioner Harris, seconded by Commissioner Letz to 21 approve a Proclamation declaring -- proclaiming April 25 22 through May the 2nd of this year as Soil and Water 23 Stewardship Week. Is there any discussion? 24 COMMISSIONER MOSER: Yeah. The only thing 25 I -- the reason I brought that up, Don, is -- is you 20 1 still see a lot of people pumping water into vanity 2 ponds, you know, not for cattle, not for anything except 3 just for evaporation and to -- for appearance. 4 COMMISSIONER HARRIS: Right. I agree. 5 COMMISSIONER MOSER: And then a lot of 6 people just don't understand the criticality of the 7 aquifer and the lack of rainfall, so anything that they 8 could do to enhance that, that would be good. 9 COMMISSIONER HARRIS: Yeah. 10 COMMISSIONER MOSER: Okay. 11 JUDGE KELLY: Okay. Those in favor raise 12 your hand. Unanimous, five zero. 13 SHERIFF LEITHA: It's empty. 14 JUDGE KELLY: We approved it anyway. Thank 15 you, Sheriff. 16 Let's move on to item 1.5 consider, discuss 17 and take appropriate action regarding the Hog Abatement 18 Interlocal Cooperation, Amendment No. 1, between Kerr 19 County and UGRA. Commissioner Harris. 20 COMMISSIONER HARRIS: Yes. This is an 21 ongoing agreement we have with UGRA as far as the feral 22 hog program, abatement program. What we're doing 23 here -- and they have already approved it, they're going 24 to be using some of their funds for this, $600 for six 25 months subscription for the -- our traps to where people 21 1 can activate them by their cell phone. 2 You know, they can see, okay, there -- the 3 whole founder's in the trap and they can click and trap 4 them. And we have a couple traps like that that we loan 5 out. And so, but the subscription with AT&T is like 6 $600.00 for half a year and so that's what it's about. 7 COMMISSIONER MOSER: So how many traps like 8 that? 9 COMMISSIONER HARRIS: We have two. 10 COMMISSIONER MOSER: Two? 11 COMMISSIONER HARRIS: Yes. 12 COMMISSIONER MOSER: Okay. 13 COMMISSIONER HARRIS: Yeah. So -- 14 COMMISSIONER LETZ: The trick is you have to 15 be in cell phone service area. 16 COMMISSIONER HARRIS: Exactly. 17 COMMISSIONER MOSER: Yeah. 18 COMMISSIONER HARRIS: And that would be a 19 problem in some areas. 20 COMMISSIONER LETZ: Yeah. That might be an 21 issue. But they -- 22 COMMISSIONER MOSER: Right. 23 COMMISSIONER LETZ: -- they work great. 24 COMMISSIONER MOSER: Yeah. 25 COMMISSIONER BELEW: Is the total just $600? 22 1 JUDGE KELLY: For the -- for the six months. 2 COMMISSIONER HARRIS: Yeah. That's the 3 amendment to our interlocal agreement. 4 COMMISSIONER BELEW: Okay. But we're paying 5 for half of it. 6 COMMISSIONER LETZ: That's the cell phone. 7 COMMISSIONER HARRIS: They're paying for the 8 whole subscription. 9 COMMISSIONER MOSER: Okay. Good. 10 COMMISSIONER LETZ: All we're -- the $600 is 11 to cover the cell phone monitoring service. 12 COMMISSIONER HARRIS: Activation service. 13 COMMISSIONER BELEW: That's -- they have two 14 traps at $600 per trap. Or is it just $600? I'm 15 missing something. 16 COMMISSIONER HARRIS: Just $600. 17 COMMISSIONER BELEW: Okay. So we're paying 18 half? 19 COMMISSIONER HARRIS: Uh-huh. All right, so 20 I move for approval. 21 COMMISSIONER MOSER: Second. 22 JUDGE KELLY: Motion's been made by 23 Commissioner Harris, seconded by Commissioner Moser to 24 approve the Amendment No. 1 to the Hog Abatement 25 Interlocal Cooperation Agreement with UGRA. Any other 23 1 discussion? Those in favor raise your hand. Unanimous, 2 five zero. 3 Item 1.6 consider, discuss and take 4 appropriate action to accept the donation of a park 5 bench at Flat Rock Park. Mia Teague. 6 COMMISSIONER MOSER: I don't believe Mia is 7 here, Judge, but I'll speak for her. She -- Mia would 8 like to donate a bench similar to that that we have in 9 Flat Rock Park right now in -- in memory of her mother, 10 okay. And so it'll be the same type that's there. The 11 location to be determined by Shane and herself. 12 So I would move for approval of acceptance 13 of a bench consistent or contingent on approval by Shane 14 with a bench and for the setting of the bench -- 15 COMMISSIONER HARRIS: Second. 16 COMMISSIONER MOSER: -- location. 17 JUDGE KELLY: So it'll actually be the 18 Maintenance Department? 19 COMMISSIONER MOSER: Yes. Yes. The 20 Maintenance Department, correct. Thanks. 21 JUDGE KELLY: Okay. Motion's been made my 22 Commissioner Moser and approved -- seconded by 23 Commissioner Harris to approve the placement of a park 24 bench at Flat Rock Park subject to approval by the 25 Maintenance Department. Any discussion? Those in favor 24 1 raise your hand. Unanimous, five zero. 2 Item. 3 1.7 consider, discuss and take appropriate 4 action regarding the First Amendment to the Professional 5 Services Agreement between Kerr County and Peter Lewis 6 Architect + Associates. Ms. Shelton. 7 MRS. SHELTON: Good morning. The original 8 contract was entered into on the 23rd of July in 2018. 9 It had a dollar amount for the total of three years not 10 to exceed 50,000. We're asking that that be changed to 11 85,000. 12 COMMISSIONER MOSER: So that's a 70 percent 13 increase? I'm listening. 14 MRS. SHELTON: This has to do with the 15 community improvement committee and -- 16 JUDGE KELLY: Capital Improvement Committee. 17 MRS. SHELTON: -- so getting that plan 18 together. 19 COMMISSIONER MOSER: I see, okay. So that 20 was -- that's the primary reason for the -- 21 MRS. SHELTON: Yes. 22 COMMISSIONER MOSER: Okay. Gotcha. Thank 23 you. 24 COMMISSIONER BELEW: Does this include the 25 look at the courthouse for the use of space in the 25 1 courthouse itself? 2 JUDGE KELLY: Yes. 3 MRS. SHELTON: Part of the -- 4 COMMISSIONER BELEW: So it's part of that. 5 MRS. SHELTON: -- expense through there 6 during the time -- 7 COMMISSIONER BELEW: And that's turned off 8 into a much smaller thing and -- typical government 9 fashion and expanding. 10 JUDGE KELLY: Well, what this includes, it 11 goes back to 2018. And the initial scope of his 12 engagement was to come in and give us a recommendation 13 on how to remodel this courthouse and rearrange some 14 offices. We took a look at that after he -- he did a 15 lot of work on that and decided that we needed more than 16 that. 17 So we started off then looking at potential 18 capital improvements. We formed a committee. He's 19 worked closely with the committee, attended all the -- I 20 think he's attended nearly every one of the CIP meetings 21 and has been very actively participating on our behalf 22 with the ADA improvements we're doing at 550 Earl 23 Garrett, over at the various uses of the 600 Earl 24 Garrett building where we're talking about moving the 25 tax office. 26 1 He's been very active with the Animal 2 Control facility out on the 16 acres that we bought off 3 of Spur 100. Looked at the -- which we're talking about 4 possibly doing something where the maintenance building 5 is now. And although it has been very helpful in 6 helping us determine the fair market value of that 7 property should we ultimately decide to put it on the 8 market, so he -- his assistance has been absolutely 9 invaluable to what we've done on capital improvements. 10 COMMISSIONER MOSER: He also did a lot of 11 work -- 12 COMMISSIONER BELEW: Well, actually there's 13 a value on it. 14 JUDGE KELLY: Yes, there is. 15 COMMISSIONER BELEW: We're -- we're going to 16 vote on it. 17 COMMISSIONER MOSER: And also he did a lot 18 of work -- or work at the animal shelter on -- 19 JUDGE KELLY: Yes. 20 COMMISSIONER MOSER: -- redesigning it to -- 21 if we stayed there. So -- 22 COMMISSIONER LETZ: Yeah. It covers a lot 23 of different things -- 24 COMMISSIONER MOSER: Right. 25 COMMISSIONER LETZ: -- that he's been 27 1 working on. 2 COMMISSIONER MOSER: Right. Okay. Good 3 enough. 4 JUDGE KELLY: I think it includes, you know, 5 the show barn out at -- the ag barn. 6 COMMISSIONER MOSER: Big -- big increase but 7 a lot of -- a lot of additional work. Yeah. 8 JUDGE KELLY: He's been a very, very 9 important member of the team and very faithful in 10 supporting the County. 11 COMMISSIONER MOSER: Yeah. Good. 12 COMMISSIONER LETZ: I move for approval. 13 COMMISSIONER BELEW: Second. 14 JUDGE KELLY: Okay. Motion's been made by 15 Commissioner Letz, and seconded by Commissioner Belew to 16 approve the amendment to the Professional Services 17 Agreement between Kerr County and Peter Lewis Architect 18 + Associates to $85,000. Is there any other discussion? 19 COMMISSIONER BELEW: I would say that this 20 is not just professional services, this is really an 21 investment in the future of the County. So that's the 22 way I view it and so you have to -- that's what it's 23 turned into in my mind. You know, you have to start at 24 the ground floor. Can we do this? No. What else can 25 we do? And then it's grown. I don't want people to 28 1 think it's just an expansion and mission creep. It was 2 necessary. 3 COMMISSIONER LETZ: Necessary and it's been 4 the preliminary design and cost analysis of every step 5 of the way that we're looking at doing things. 6 JUDGE KELLY: Anything else? Those in favor 7 raise your hand. Unanimous, five zero. Thank you. 8 Item 1.8 consider, discuss and take 9 appropriate action to establish maintenance petty cash 10 fund of a hundred dollars per the Texas Local Government 11 Code, Section 130.909. 12 MRS. SHELTON: Yes. The Local Government 13 Code Section 130.909 states the Commissioners' Court of 14 a county may set aside from the general fund of the 15 County for the establishment of a petty cash fund for 16 any department head approved by Commissioners' Court, an 17 amount approved by Commissioners' Court. The petty cash 18 fund must be established under the system provided and 19 installed by the County Auditor. 20 The County Treasurer and the County Auditor 21 are requesting a maintenance petty cash fund of a 22 hundred dollars to be maintained in the office of the 23 County Treasurer, only for the purposes of car washes 24 and inspection for County vehicles. Maintenance staff 25 will request cash by completing the sign-out sheet, 29 1 change will be returned to the Treasurer's Office along 2 with an invoice or receipt for the purchase. 3 COMMISSIONER MOSER: This is certainly not a 4 large amount of money, but why now? We hadn't been 5 washing the cars before now or what? 6 MRS. SHELTON: We'd been using it. We're 7 making it formal with y'all's vote. 8 COMMISSIONER MOSER: Okay. I see. I move 9 for approval. 10 COMMISSIONER HARRIS: Second. 11 JUDGE KELLY: Okay. Motion's been made by 12 Commissioner Moser, seconded by Commissioner Harris to 13 approve the petty cash fund of a hundred dollars for the 14 Maintenance Department. Any other discussion? 15 COMMISSIONER BELEW: Where do you go to pay 16 for a car wash in cash? Is this quarters? It takes 17 quarters? 18 MRS. SHELTON: I don't know. 19 COMMISSIONER MOSER: They'll take five 20 dollar bills also. No, they will. 21 COMMISSIONER BELEW: Okay. They all take 22 cash? 23 COMMISSIONER MOSER: Not all, but some do I 24 know, yeah. 25 MRS. SOLDAN: I think they go to the car 30 1 wash over by Stripes and Del Norte Restaurant, that 2 drive-thru. I think that's where they go. 3 COMMISSIONER MOSER: Okay. 4 JUDGE KELLY: Okay. Any other discussion? 5 Those in favor raise your hand. Unanimous, five zero. 6 Item 1.9 consider, discuss and take 7 appropriate action to approve budget calendar for FY 8 2021-2022. Is James going to do that? 9 MRS. STEBBINS: He was just there. 10 SHERIFF LEITHA: Oh, here -- here he comes. 11 JUDGE KELLY: Mr. Robles. 12 MR. ROBLES: How are y'all? You all have a 13 copy of it. We checked with the Judge's schedule to see 14 if the dates worked, but it's very similar to the one 15 last year. It's coordinated about a day or two to 16 accompany the Monday and possibly a Wednesday meeting. 17 COMMISSIONER MOSER: It's about the same 18 number of workshops and all as we had? 19 MR. ROBLES: Yes. Yes, sir. And again, 20 we're working off of the no new tax increase rate. 21 COMMISSIONER MOSER: I move for approval. 22 COMMISSIONER LETZ: Second. 23 JUDGE KELLY: Motion's been made by 24 Commissioner Moser, seconded by Commissioner Letz to 25 approve the budget calendar as presented for FY 2021-22. 31 1 Any other comments or observations? Those in favor 2 raise your hand. Unanimous. 3 COMMISSIONER MOSER: Good job, James. 4 JUDGE KELLY: 1.10 consider, discuss and 5 take appropriate action to declare various IT equipment 6 as surplus. Mr. Robles. 7 MR. ROBLES: We have quite a long list here. 8 There's scanners, computers, printers, and I think these 9 are all going to be sent for salvage or recycling. 10 COMMISSIONER BELEW: Obsolete. 11 MR. ROBLES: Yes, sir. 12 COMMISSIONER MOSER: Is that what they do is 13 just recycle them? 14 MR. ROBLES: I believe so, yeah. They take 15 out the hard drives and then -- 16 COMMISSIONER MOSER: Okay. 17 COMMISSIONER HARRIS: I move for approval. 18 COMMISSIONER LETZ: Second. 19 JUDGE KELLY: Motion's been made by 20 Commissioner Harris, seconded by Commissioner Letz to 21 approve the IT equipment to be declared as surplus. Any 22 other discussion? All those in favor raise your hand. 23 Unanimous, five zero. 24 Item 1.11 consider, discuss and take 25 appropriate action to ratify and confirm Kerr County Pro 32 1 Rata distribution of proceeds from Tobacco Settlement 2 permanent trust fund. Mr. Robles. 3 MR. ROBLES. Yes. This is a program that 4 we've done for many years, well over a dozen. This is 5 just requesting a portion of our expenses to be 6 reimbursed by the State. This money will go into 7 Fund 50 at the Indigent Defense Services. We get 8 somewhere around 30 to 40,000 a year, depending on our 9 expenses and what the State allocates us. 10 COMMISSIONER LETZ: Move for approval. 11 COMMISSIONER MOSER: Why does it go to that 12 particular fund as opposed to -- 13 MR. ROBLES: I think we can only use it for 14 specific reasons and that's -- 15 COMMISSIONER MOSER: I see. 16 MR. ROBLES: -- that's the most beneficial 17 one for us. 18 COMMISSIONER MOSER: Okay. Gotcha. Okay. 19 COMMISSIONER LETZ: Should we -- should this 20 not be to ratify since it's already been signed? 21 JUDGE KELLY: That's what it says, to 22 ratify -- 23 COMMISSIONER LETZ: Oh, I'm sorry. 24 JUDGE KELLY: -- and confirm. 25 COMMISSIONER LETZ: I thought it said 33 1 approve. 2 JUDGE KELLY: No, you're right. But I need 3 a second to Commissioner Harris's motion. 4 COMMISSIONER BELEW: Second. 5 JUDGE KELLY: So the motion's been made by 6 Commissioner Harris, and seconded by Commissioner Belew 7 to ratify and confirm our pro rata distribution of 8 proceeds from the Tobacco Settlement permanent trust 9 fund. Any other discussion? Okay. Those in favor 10 raise your hand. Unanimous, five zero. 11 Now we are in an unusual juncture in the 12 agenda. This doesn't happen often, but we are actually 13 ahead of schedule. And you'll notice that we have items 14 1.12 through 1.22. Those ten items or 11 items are all 15 timed items, and we cannot consider those before ten 16 o'clock, and it is about 9:30. I don't think we need to 17 break just yet for a break because we're moving pretty 18 quickly. So let's move on over to the un-timed items. 19 If you go down to item 1.23 on your agenda, 20 this is to consider, discuss and take -- 21 COMMISSIONER MOSER: That's a timed item, 22 isn't it? 23 COMMISSIONER LETZ: 23 isn't. 24 JUDGE KELLY: 1.23? 25 COMMISSIONER MOSER: Isn't it? Oh, I've got 34 1 the previous version. Sorry about that. 2 JUDGE KELLY: Okay. 3 COMMISSIONER MOSER: Let's go. 4 JUDGE KELLY: 1.23 consider, discuss and 5 take appropriate action to approve the first amendment 6 to the Interlocal Cooperation Agreement of Kerr County 7 and Kendall County WCID #1. Commissioner Letz. 8 COMMISSIONER LETZ: Yes. This is something 9 we've talked about a couple times about updating the 10 policy on the Interlocal Agreement with WCID #1 and both 11 of the changes I'm recommending are pretty minor. 12 The one when I read through it at the time 13 when we executed the agreement, Tetra Tech was just 14 listed as the engineer on the project. So the reason 15 for that 1.15 is to define project engineer, which says 16 it shall be Tetra Tech or other engineering firm 17 registered in the State of Texas as designated by the 18 Commissioners' Court. 19 And that is to -- really to go into if in 20 the future some other entity or some entity wants to tie 21 into the system, it'll be up to the Court as to who the 22 project engineer for that additional work is. It may 23 not be Tetra Tech. Likely, it would not be Tetra Tech. 24 Likely it would be the -- you know, the developer or 25 whatever that would be the project engineer. But Tetra 35 1 Tech would sign off on it or we would designate them to 2 sign off on it. 3 COMMISSIONER BELEW: And somebody else just 4 becomes part of it, or does the agreement have to be 5 completely revamped? 6 COMMISSIONER LETZ: No, this is just an 7 amendment. The -- the agreement -- if we change a whole 8 lot of it, it's got to go back to the Water Development 9 Board as part of our agreement. So we can't really go 10 into -- these are pretty minor changes. So that one is 11 on the project engineer. 12 If something -- new work is proposed, we 13 designate who the engineer for that portion of the 14 project would be. This is after its been accepted. 15 The second change is additional 16 construction. We never really -- the agreement, what is 17 written right now is full operation control to the WCID. 18 We have visited -- we being Charlie and myself, I think, 19 I'm not sure if Commissioner Moser was present or not -- 20 went to WCID, and basically saying things that are done 21 to the system after its been accepted, a portion of its 22 been accepted, both WCID and Kerr County have to approve 23 of that. 24 The reason for that is they really are the 25 monitor of capacity. We've had some numbers we've 36 1 talked about, you know. There's -- I think we've used 2 the word about 900 connections are possible. Several 3 hundred or more. That's really not accurate. It's not 4 a specific number. It depends on where you are, how you 5 are in the system. So this says that they handle that 6 part of it. That's their job. And they have to have 7 approval of that. But we have to approve it because we 8 have an ownership interest in the system. 9 I will also note that there's some language 10 in there about we do not have an ownership interest in 11 the entire system, Wastewater System that's been built. 12 We only have an ownership interest in the portion in 13 Kerr County. And we did that originally mainly because 14 of the sewer plant. We didn't -- they didn't want us to 15 have our finger in the sewer plant and we didn't want 16 our fingers in that sewer plant. So this covers 17 everything in Kerr County only. 18 And the language under the additional 19 construction follows very closely to how change orders 20 are done. That's where that language is from. We 21 basically expanded the change order under that. 22 COMMISSIONER BELEW: So this means -- it's 23 kind of a hand off at the County Line. 24 COMMISSIONER LETZ: Right. 25 COMMISSIONER BELEW: If there was any 37 1 trouble, WCID oversees that and -- 2 COMMISSIONER LETZ: Right. 3 COMMISSIONER BELEW: -- smoothes things out. 4 COMMISSIONER LETZ: Yeah. And we didn't 5 want to own something -- that was already there, that 6 portion about the ownership in Kendall County. We just 7 didn't want to own anything in Kendall County. 8 COMMISSIONER MOSER: This is primarily about 9 changes. 10 COMMISSIONER LETZ: Changes, yeah. 11 COMMISSIONER MOSER: In other words, if the 12 system just were to be designed and built, everything is 13 okay the way it is. Except some of the other things 14 about the system as Jonathan mentioned. But if 15 additional changes come about, okay, then how do we -- 16 how do we approve that between WCID and Kerr County 17 until it's all given over to Kerr County -- I mean to 18 WCID. So I move for approval. 19 COMMISSIONER LETZ: I'd second. 20 JUDGE KELLY: Motion's been made by 21 Commissioner Moser, seconded by Commissioner Letz to 22 approve the amendment to the Interlocal Cooperation 23 Agreement between Kerr County and Kendall County, 24 WCID #1. That's the motion that's before the Court. 25 And just to take a couple steps back and 38 1 remind the public, WCID #1 in Kendall County is the 2 entity with whom we've gone into joint venture or 3 partnership with on this wastewater line and they are 4 the ones who have operational control of the line. It 5 looks like to me what we're doing here is clarifying the 6 engineering firm and any other designee to require Kerr 7 County approval, which we would absolutely want to do I 8 would think. And with regard to additional construction 9 or operational control, anything to do with the line 10 that we own, we have a say in what's to be done with 11 that. But everything on the other side of the County 12 line is completely up to WCID. That's my understanding; 13 is that correct? 14 COMMISSIONER LETZ: Right. And there is an 15 exclusion that says -- where was it at. Oh, it's at the 16 last sentence under one point -- in the first part under 17 definitions. Individual residential or commercial 18 connections to the Wastewater System shall not be 19 considered additional construction. If -- in other 20 words, if the house gets built in Center Point on a 21 vacant lot, that's -- that's not additional 22 construction. That's just tying into the tap of the 23 existing line. And that's why I put that in there. So 24 it's just -- you know, and that was the original intent 25 in the agreement, that's what -- the reason it said 39 1 operations that we really originally wanted to hand off 2 all that to WCID but now after looking at it, and they 3 agree, we oughta have discussions if there's a large, 4 you know, development or whatever so that we need to 5 look at it together. 6 JUDGE KELLY: Well, and one of the things 7 that we're going to consider later is expanding that 8 line -- 9 COMMISSIONER LETZ: Right. 10 JUDGE KELLY: -- and we want to have some 11 sort of operational say-so in what happens out there. 12 COMMISSIONER LETZ: Right. 13 JUDGE KELLY: And this preserves that and 14 it's agreeable with WCID #1 in Kendall County. 15 COMMISSIONER LETZ: Right. They'll either 16 approve it and then we visit -- we had verbally visited 17 with them and they did not have a problem at this point. 18 COMMISSIONER MOSER: Okay. Judge, the only 19 thing I would ask that what you said you had a good 20 summary of what it is. That when this line is 21 eventually complete, the services eventually complete 22 and paid for, WCID owns it. 23 JUDGE KELLY: Correct. 24 COMMISSIONER MOSER: Right. We're -- we're 25 out of the wastewater treatment business. All right. 40 1 Okay. 2 COMMISSIONER BELEW: Should it be reviewed 3 by County Attorney? 4 MRS. STEBBINS: It has been. 5 COMMISSIONER MOSER: It has been. 6 COMMISSIONER BELEW: Oh, it has been? 7 MRS. STEBBINS: Yes, sir. This morning. 8 COMMISSIONER BELEW: Not that I don't take 9 your word for it, Commissioner Letz. 10 JUDGE KELLY: Okay. 11 COMMISSIONER MOSER: Good. Okay. 12 JUDGE KELLY: Okay. Any other discussion? 13 Those in favor raise your hand. Unanimous, five zero. 14 Move on to Item 1.24 consider, discuss and 15 take appropriate action to amend the employee handbook 16 holiday policy and to incorporate an inclement 17 weather/emergency weather policy. Ms. Doss. We've got 18 several for you so don't go anywhere. 19 MS. DOSS: Okay. 20 JUDGE KELLY: This is the first one. 21 MS. DOSS: Good morning. In light of recent 22 events with the -- due to the ice storm, we thought this 23 would be a really good idea. We have the blessing of 24 our TAC HR Consultant as far as the verbiage goes and 25 Heather has looked at it. I know y'all have had it in 41 1 your packets to review, so I don't know -- it's very 2 lengthy. I'm not sure y'all want me to read it. But, 3 if you have questions. 4 JUDGE KELLY: Let me -- just give us a 5 summary, what is it we're trying to do with this policy 6 change? 7 MS. DOSS: It's -- it's basically if the 8 County is closed by the Court, and admin leave, people 9 that are sent home, they get paid admin leave, anybody 10 that comes into work gets paid for the time that they 11 have worked in addition to the admin leave. 12 MRS. STEBBINS: If I can add to that. Just 13 after the storm there were folks who had to come into 14 work and were getting paid the same as other folks who 15 were sent home and didn't have to work. And what I -- 16 we were asked to look into at that time what -- could 17 they be compensated for that -- for that time that they 18 came in, in addition to their regular pay. And because 19 we didn't have a policy it was not permitted. Violated 20 the Texas Constitution. So that's when we shifted gears 21 and got with TAC, and -- and created this policy. 22 JUDGE KELLY: And so that the public 23 understands, we visited this issue earlier with the 24 storm and we were unable to do anything because it would 25 violate the Texas Constitution. 42 1 MRS. STEBBINS: Yes. 2 JUDGE KELLY: So we sent it back to HR and 3 to County Attorney's Office, to come back with a 4 proposal of how we might able to address this in the 5 future. 6 MRS. DOSS: Correct. 7 JUDGE KELLY: And this allows that when 8 we -- when the courthouse is closed, like it was during 9 the winter storm, snow storm, and people are sent home, 10 they accrue administrative leave. But for those people 11 that had to come in and work back there in that storm 12 did not get -- they got paid the same thing as the 13 people who didn't work -- 14 MRS. STEBBINS: Right. 15 JUDGE KELLY: -- and we didn't think that 16 was fair. So now we have established a policy that will 17 allow those people to be compensated if they come to 18 work when the courthouse is technically closed. 19 MS. DOSS: Right. For those hours worked in 20 addition to the admin leave. 21 MRS. STEBBINS: Yes. 22 JUDGE KELLY: Which only seems fair. 23 MS. DOSS: And it also talks about the 24 regular holidays, County holidays, that the employees 25 are required to come into work. They get the holiday 43 1 pay in addition to the pay that -- for the hours worked. 2 Like the Sheriff's Department. 3 COMMISSIONER LETZ: Basically it's a 4 fairness issue. 5 COMMISSIONER MOSER: Sure. 6 COMMISSIONER LETZ: Whether it's a holiday 7 or whether it's a day that the office is closed, it's 8 just a matter of saying that, you know, if you are 9 required to work and someone else is not working at all, 10 it's not fair to pay them the same. So you need to -- 11 the person gets the holiday pay and then they get paid 12 for the hours they work. 13 COMMISSIONER MOSER: Okay. 14 COMMISSIONER LETZ: And it's similar -- the 15 Sheriff's Department has always had this. This is 16 basically expanding the -- and modifying the policy of 17 the Sheriff's Department to all County Departments. 18 MS. DOSS. Right. And it also takes into 19 account exempt staff. If you're an exempt staff and if 20 the County is closed and you're required to work, you 21 will get paid for your time as well. 22 COMMISSIONER MOSER: Okay. 23 JUDGE KELLY: This is really a lesson to 24 learn on policy change. 25 COMMISSIONER LETZ: I move for approval. 44 1 COMMISSIONER MOSER: Second. 2 JUDGE KELLY: Motion's been made by 3 Commissioner Letz, and seconded by Commissioner Moser to 4 approve the amendment to the employee handbook holiday 5 policy for inclement weather and emergency policy. Any 6 other discussion? Those in favor raise your hand. 7 Unanimous, five zero. 8 MRS. STEBBINS: Thank you. The employees 9 will really appreciate that. 10 MS. DOSS: Yes. 11 JUDGE KELLY: This -- frankly, this is a 12 no-brainer. We had -- we had to do that. 13 MRS. STEBBINS: Right. 14 JUDGE KELLY: And moving right along, let's 15 go to 1.25 consider, discuss and take appropriate action 16 to approve changes to the Payroll Change Notice form to 17 incorporate position schedule budget guidelines. 18 Another lesson learned. 19 (Phone ringing.) 20 MRS. DOSS: Yes. This does add the 21 verbiage -- 22 COMMISSIONER LETZ: Stop. 23 COMMISSIONER MOSER: Put it in water. 24 MRS. DOSS: -- that pay requests in excess 25 of budgeted position scheduled salary must have prior 45 1 approval from Commissioners' Court. As we receive these 2 payroll change forms and the salaries are higher or for 3 midyear hire, other than change of budget year, they 4 have to come to Commissioners' Court. 5 There's also an area that's down here that 6 you have to fill in, if the Commissioners' Court 7 required -- approval was required, and then you have to 8 rotate the Court order, so -- 9 JUDGE KELLY: And again, this is a lesson 10 learned from our experience with our new Assistant 11 District Attorney recently. 12 MRS. DOSS: Correct. 13 JUDGE KELLY: That what our policy provides 14 is if the new salary is the same or less than the salary 15 position as permitted, but if it's more than that it's 16 got to come back to the Court. 17 MRS. DOSS: Correct. 18 JUDGE KELLY: And this merely just spells it 19 out in black and white so there's no question about it. 20 MRS. DOSS: Correct. Now, there could be 21 situations where the transfer from another department 22 and the step is higher, so if a person has more 23 longevity and they come over, there could be a situation 24 where they would get paid more but in the same grade 25 pay. So I don't know if y'all want those to come back 46 1 to court as well? Because we typically use payroll 2 contingency funds for transfers where somebody comes in 3 at a higher step. So that's up to y'all. 4 JUDGE KELLY: I think the intent was to make 5 it crystal clear to everyone in the County that any 6 increase in salary will come back through and have 7 approval by the Commissioners' Court. 8 COMMISSIONER LETZ: Right. 9 MRS. DOSS: Okay. Okay. 10 JUDGE KELLY: No -- not decreases, just 11 increases. 12 MRS. DOSS: Correct. 13 JUDGE KELLY: Any other discussion? 14 COMMISSIONER LETZ: I move for approval. 15 COMMISSIONER BELEW: Second. 16 JUDGE KELLY: Motion's been made by 17 Commissioner Letz, seconded by Commissioner Belew to 18 approve the Payroll Change Notice form to incorporate 19 position schedule budget guidelines. Any other 20 discussion? Those in favor raise your hand. Unanimous, 21 five zero. 22 These are just lessons learned, folks. We 23 have -- we have to do this. 24 Item 1.26 consider, discuss and take 25 appropriate action to amend the employee handbook to 47 1 clarify longevity and certification pay effective date. 2 Miss Doss. 3 MRS. DOSS: Correct. This -- there's been 4 some confusion, some people read it one way, others read 5 it another. When the longevity and certification pay 6 comes into effect, the current reading is the payroll 7 following the anniversary date. So several of us feel 8 that that's pretty self-explanatory, but their longevity 9 date falls on a Monday and the pay date is Friday. Well 10 payroll is already in the process on that Monday. 11 So we're going to -- we would like to change 12 that to the pay date following the full pay period after 13 the anniversary date, and as well as any other 14 certifications pay. The pay will be effective the 15 following full pay period after the earned certification 16 date, rather than have four days paid at this rate and 17 six days paid at that, we'll just make it clean. The 18 full pay period after the anniversary date. 19 JUDGE KELLY: Again, clarifying lessons 20 learned. There's no question of when you're -- when 21 that's going to get on your paycheck. 22 COMMISSIONER LETZ: Move for approval. 23 COMMISSIONER HARRIS: Second. 24 JUDGE KELLY: Okay. Motion's been made by 25 Commissioner Letz, seconded by Commissioner Harris to 48 1 approve the amendment to the employee handbook to 2 clarify longevity and adjust the certification pay 3 effectively. Any other discussion? Those in favor 4 raise your hand. 5-0 unanimous. 5 Item 1.27 consider, discuss and take 6 appropriate action to approve the Human Resource 7 procedures and to include them in the Supervisor 8 Handbook. Miss Doss. 9 MRS. DOSS: Yes. This is a whole new 10 information sheet that we would like to provide the 11 incoming supervisors. It has a little blurb under 12 payroll budget procedures about the new hire and the 13 transfer and any positions that come in midyear, need 14 Commissioners' Court approval at a higher -- that are -- 15 want to come in at a higher salary. 16 Also talks about how we handle orientations 17 and the hiring procedures that we should have had in the 18 manual to begin with. So I'd just like to add this one 19 here. 20 JUDGE KELLY: This is a clarification on 21 lessons learned. Let's just spell it out in black and 22 white. 23 COMMISSIONER MOSER: We can call those 24 contingency improvements. 25 MRS. DOSS: We've learned along the way. 49 1 COMMISSIONER LETZ: Yeah, contingency 2 improvements. 3 COMMISSIONER MOSER: Contingency 4 improvements. 5 COMMISSIONER HARRIS: I move for approval. 6 COMMISSIONER MOSER: Second. 7 JUDGE KELLY: Motion's been made by 8 Commissioner Harris, seconded by Commissioner Moser to 9 approve the Human Resource procedures and include them 10 in the supervisor handbook. Any other discussion? 11 COMMISSIONER LETZ: Just a quick comment. I 12 just wanted to note that -- and thank County Attorney 13 and HR for spending a lot of time on this as they worked 14 back and forth. And I sat in on some of the meetings. 15 But it's all good work that really clarifies our 16 policies. So I appreciate it. 17 JUDGE KELLY: And I want to echo that. 18 Because it's hard enough to make some of the decisions 19 that we have to make on this Court. It makes it a whole 20 lot easier if the rules are spelled out clearly in black 21 and white and we have learned from lessons so we know 22 exactly what we can and can't do and when we should do 23 it and shouldn't do it. Thank you. 24 COMMISSIONER BELEW: I'm going to ask 25 something and the County Attorney can tell me if I'm 50 1 getting off topic here. But there are also supervisory 2 reductions in pay. And I don't know if we have a policy 3 for that. If you have a supervisor that decides to 4 reduce pay on somebody, do we have a policy for that? 5 Because that also can create problems. 6 MRS. STEBBINS: I -- this might. 7 COMMISSIONER BELEW: This seems to me it 8 kind of covers that. 9 MRS. STEBBINS: This is only for increases 10 but this might be resolved in that when the Court 11 considers and adopts measures that are recommended by 12 the salary survey. I think that what y'all are looking 13 at doing is adopting a range, and so you can if you'd 14 like to, put into your policy if supervisors are going 15 to go in and make recommendations that are below the 16 range, they can. 17 COMMISSIONER BELEW: See, that messes things 18 up again. 19 MRS. STEBBINS: Yes. It does. 20 COMMISSIONER BELEW: So I think we oughta 21 have a baseline. And that -- 22 JUDGE KELLY: But I think we're getting 23 outside the scope for this agenda item, aren't we? 24 MRS. STEBBINS: Well, yes and no. Because 25 this is something that a supervisor -- this was the 51 1 point of this provision, the supervisor handbook, to 2 tell supervisors. Because I think that's where we ran 3 into problems with new -- newly elected folks coming in, 4 and -- and maybe not newly elected, didn't really know 5 that that was her responsibility to come to the Court 6 and ask for permission to do these things. So that if 7 that's a policy you guys want to also adopt, we can put 8 it into that handbook and they can -- the newly elected 9 officials or appointed officials, either could -- 10 COMMISSIONER MOSER: But I thought Harley's 11 point was they have to come to the Court to increase but 12 not necessarily to decrease. 13 COMMISSIONER BELEW: And I think it should 14 be both. 15 COMMISSIONER MOSER: Yeah. Yeah, your point 16 was increase. 17 COMMISSIONER BELEW: I mean, if you're going 18 to take a -- somebody that's currently a certain level 19 and say we're going to reduce your salary -- 20 COMMISSIONER MOSER: Right. 21 COMMISSIONER BELEW: -- and that should -- 22 that could be for a lot of reasons as a supervisor, but 23 it should, I think, be explained. And that shouldn't 24 just go one direction with it, I think, maybe. 25 COMMISSIONER MOSER: Right. 52 1 MRS. DOSS: Well, there's kind of a 2 difference between the non-exempt folks because the 3 positions themselves have a grade set for the position. 4 So to get a grade lower, then that would -- 5 COMMISSIONER BELEW: We have no policy on 6 that? 7 MRS. DOSS: Excuse me? 8 COMMISSIONER BELEW: We have no policy on 9 that, right? 10 MRS. DOSS: Right. But if you're going to 11 hire a non-exempt person that the positions are aligned 12 with certain grades. And what we really get in trouble 13 where there's no step and grade folks. We have a lot of 14 those that aren't on the grade/step. And for those, 15 there could be a range. It's a -- 16 COMMISSIONER BELEW: But in my mind, 17 Jennifer -- 18 MRS. DOSS: -- kind of range. 19 COMMISSIONER BELEW: -- it -- it affects the 20 productivity and efficiency of the County. And that is 21 what we're here to oversee. 22 MRS. STEBBINS: I understand what you're 23 asking, I think, and we'd -- if you'd like for us to 24 work on a policy like that and present it to you, and 25 talk through what that might look like on the other end, 53 1 if -- we're glad to do that. 2 COMMISSIONER BELEW: I would. I don't know 3 about the rest of the Court, but I would. 4 COMMISSIONER MOSER: Yeah, I think it's a 5 good idea. 6 COMMISSIONER LETZ: I think it would be a 7 good idea. 8 JUDGE KELLY: Just to be clear, the General 9 Provisions in our budget adopt that salary position 10 schedule, right? 11 MRS. DOSS: Right. Uh-huh. 12 JUDGE KELLY: And if you're going -- if 13 anybody wants to increase that, they're going to have to 14 come back to the Court. We've established that and 15 that's now part of -- 16 COMMISSIONER MOSER: Right. 17 JUDGE KELLY: -- our manual, correct? 18 MRS. DOSS: Right. 19 JUDGE KELLY: And what we're discussing now 20 is any potential decreases, which heretofore had been 21 within the discretion of the Department Head or Elected 22 Official. 23 COMMISSIONER BELEW: Right. 24 JUDGE KELLY: But if we change that policy, 25 it could come back to the Court. And that's what you're 54 1 suggesting -- 2 COMMISSIONER BELEW: Yes, sir. 3 JUDGE KELLY: -- Commissioner Belew, is that 4 we take a look at that. But that's not something that 5 we're acting on today. 6 COMMISSIONER BELEW: No. 7 JUDGE KELLY: That's what I want to clarify. 8 COMMISSIONER BELEW: Right. But I -- I 9 thought -- I wasn't sure if that would fall under this 10 agenda item so, thank you. 11 COMMISSIONER MOSER: Okay. 12 MRS. STEBBINS: You're welcome. So we've 13 got some marching orders and we'll have a look at it and 14 get back to you all. 15 JUDGE KELLY: But what we have before the 16 Court right now is a motion and a second to approve the 17 revised Supervisor Handbook as presented, which does not 18 include this decreasing salary situation. 19 COMMISSIONER BELEW: Right. 20 JUDGE KELLY: Is that correct? 21 COMMISSIONER MOSER: Right. 22 JUDGE KELLY: So with that, is there any 23 other discussion? Then those in favor of as presented, 24 please raise your hand. Unanimous, five zero. 25 MRS. DOSS: Okay. And I'll make sure -- 55 1 JUDGE KELLY: And we're going to follow-up 2 on the other, Miss Doss? 3 MRS. DOSS: Yes, sir. And I'll make sure 4 that the County employees receive all this information 5 and get it out to them today. 6 JUDGE KELLY: This is all very important 7 work in running the County, so thank you very much. 8 We can probably do a couple of things before 9 the break. Let's look at 1.28, which is consider, 10 discuss and take appropriate action to determine whether 11 to allow the retail fireworks permit holders to sell 12 fireworks to the public beginning May 1 and ending 13 midnight May 5 in celebration of Cinco de Mayo. How are 14 the fire conditions? 15 COMMISSIONER HARRIS: Well, I checked with 16 them this morning and they're good, so I move for 17 approval. 18 COMMISSIONER BELEW: Second. 19 JUDGE KELLY: So motion's been made by 20 Commissioner Harris, seconded by Commissioner Belew to 21 approve the sale of retail fireworks to permit holders 22 from May 1 to midnight May 5 for Cinco De Mayo. Is 23 there any additional -- 24 COMMISSIONER LETZ: Is there the intent to 25 have a limitation on sky rockets and -- 56 1 COMMISSIONER BELEW: Missiles with fins? 2 COMMISSIONER LETZ: -- missiles with fins 3 and -- 4 MRS. STEBBINS: With the fire -- 5 COMMISSIONER HARRIS: No, because the rating 6 is -- 7 COMMISSIONER LETZ: Okay. So the issue -- 8 COMMISSIONER HARRIS: -- 4 to 500 right now 9 and -- and so we're not in that critical stage so -- 10 COMMISSIONER LETZ: Okay. All right. 11 COMMISSIONER HARRIS: Yeah. No -- no 12 handicap. 13 COMMISSIONER LETZ: Just wanted to clarify. 14 Okay. 15 JUDGE KELLY: Okay. So we got a motion and 16 second to approve this. The only thing that I would add 17 is for those of you that are going to use fireworks, 18 please be careful. Legally we're approving the sale of 19 it. But especially when you start getting these 20 missiles with fins and shooting stuff up in the air and 21 landing on other people's property or roof, it can be 22 very hazardous. So -- 23 COMMISSIONER MOSER: Question. Can -- 24 JUDGE KELLY: -- be careful. 25 COMMISSIONER MOSER: Oh, I'm sorry. 57 1 JUDGE KELLY: No, go ahead. 2 COMMISSIONER MOSER: Can we change that if 3 drought conditions warrant? 4 JUDGE KELLY: Worsen? 5 COMMISSIONER MOSER: Yeah. Before -- like 6 right before May the 1st? 7 COMMISSIONER HARRIS: I would ask our County 8 Attorney that. 9 JUDGE KELLY: We've got some time in there. 10 MRS. STEBBINS: You have -- you probably 11 have some time if you have a meeting by then. The 12 reason that it's here today for you to consider allowing 13 it at this time is because the law says it has to be 14 done by the 25th of the month -- 15 COMMISSIONER MOSER: Sure. 16 MRS. STEBBINS: -- for this particular 17 holiday. So if -- if drought conditions exist later and 18 you have a scheduled meeting or you need to schedule a 19 meeting, you can do that. 20 COMMISSIONER MOSER: Okay. So we could 21 change it if we -- if we need to based on -- 22 MRS. STEBBINS: I think so. 23 COMMISSIONER MOSER: -- conditions? 24 COMMISSIONER HARRIS: I thought that was the 25 case but I wasn't sure, but yeah. 58 1 COMMISSIONER MOSER: Okay. Okay. Good 2 enough. 3 JUDGE KELLY: Okay. Then those in favor 4 raise your hand. Unanimous, five zero. 5 Another quick one. Let's go to item 1.29, 6 which is consider, discuss and take appropriate action 7 to accept the Certificate of Course Completions for the 8 Open Meetings Act and Public Information Act for Brad 9 Rider. Is he outside? This is Constable Precinct 4. 10 COMMISSIONER MOSER: I see he's coming in. 11 Is this a Court action? 12 COMMISSIONER HARRIS: Yeah. I was 13 wondering. I asked Jody about this the other day. I 14 said, you know -- 15 JUDGE KELLY: I don't know. 16 COMMISSIONER HARRIS: -- others got 17 certified and we never brought it before the board. 18 COMMISSIONER MOSER: Yeah, right. Right. 19 MRS. DOWDY: I placed -- I did place it on 20 the monthly report. 21 COMMISSIONER MOSER: Huh? 22 MRS. DOWDY: I -- I did place it on the 23 items on the monthly report. 24 COMMISSIONER MOSER: Yeah, but the question 25 is on this agenda item -- 59 1 MRS. DOWDY: I agree, but it's -- it's 2 regarding this agenda item. And in the event that the 3 Court doesn't take action on the right -- on this 4 particular item, it can be accepted through monthly 5 reports if y'all -- 6 COMMISSIONER MOSER: That's my question, 7 then why do we bring it up to Court action? 8 MRS. STEBBINS: You're not required to. 9 COMMISSIONER MOSER: Okay. 10 JUDGE KELLY: Actually, I think this is 11 probably the first thing that our new Constable is 12 requesting to be approved. 13 COMMISSIONER HARRIS: Right. 14 COMMISSIONER MOSER: Well, I don't think we 15 ought to set a principle here. 16 COMMISSIONER HARRIS: I agree. 17 COMMISSIONER MOSER: Yeah. Precedent, I 18 should say. 19 COMMISSIONER LETZ: Acknowledge receipt? 20 COMMISSIONER MOSER: Yeah. Yeah, 21 acknowledge receipt. 22 COMMISSIONER BELEW: And those will just be 23 read in the monthly reports next meeting. Is it a 24 monthly report, or is it a certification? 25 MRS. DOWDY: It's a certification and I 60 1 think just to be on the record that it got done, I think 2 that -- 3 COMMISSIONER MOSER: No, that's my point. I 4 don't think it should be of record. 5 MRS. DOWDY: -- but I don't think -- I don't 6 know if that's required, like the County Attorney 7 stated. It's not necessarily required. 8 COMMISSIONER MOSER: Yeah. We got everybody 9 in the County that has to do that. 10 MRS. DOWDY: So then on the monthly reports, 11 if you would mark out that line. It's number -- I mean 12 if that's what y'all want to do on that, like I say, 13 mark out number seven. 14 COMMISSIONER LETZ: Seven. 15 MRS. DOWDY: Yes. 16 JUDGE KELLY: Okay. And then when we get to 17 the monthly report. 18 MRS. DOWDY: Thank you. 19 COMMISSIONER HARRIS: Does it stops then in 20 your office anyway? 21 MRS. DOWDY: Yes. I'll file stamp it in the 22 office. 23 COMMISSIONER HARRIS: Great. 24 COMMISSIONER MOSER: Okay. So no action 25 then. 61 1 JUDGE KELLY: Okay. With that, I think 2 we've gotten to the appropriate time to take a break. 3 Why don't we take a break for about five minutes and be 4 back here right at 10 o'clock. Okay. And we'll start 5 at ten o'clock. The Court is in recess for five 6 minutes. 7 (Break.) 8 JUDGE KELLY: Let's come to order. Court is 9 back in session. We're going to move to our timed 10 agenda, the 10 o'clock agenda. The first item is 1.12 11 Consider, discuss and take appropriate action for 12 Commissioners' Court approval regarding two Kerr County 13 agreements for storage of Kerr County owned materials 14 and/or equipment. The locations are 495 Scenic Hills 15 Road North in Precinct 1, and 135 Cutbirth Drive South 16 in Precinct 4. Ms. Hoffer. 17 MS. HOFFER: Thank you. Before you are two 18 Kerr County-owned materials and/or equipment agreements 19 for temporary storage of materials and/or equipment on 20 private property for the locations of 495 Scenic Hills 21 Road North in Precinct 1, and 135 Cutbirth Drive South 22 in Precinct 4. 23 Engineering has checked for floodplain on 24 both proposed storage locations. The property owners 25 have signed the waivers and the County Attorney has been 62 1 made aware of both these agreements. These agreements 2 are good for one year from the date of the 3 Commissioners' Court approval. 4 At this time, I ask the Commissioners' Court 5 for their final approval, and the County Judge, County 6 Attorney and County Clerk to sign the same regarding the 7 Kerr County temporary agreements for material and/or 8 equipment storage at 495 Scenic Hills Road North, and 9 135 Cutbirth Drive South, and these are in Precinct 1 10 and Precinct 4. 11 COMMISSIONER MOSER: Kelly, is this the same 12 as in previous years? You probably -- 13 MS. HOFFER: Yes. 14 COMMISSIONER MOSER: -- said that. 15 MS. HOFFER: Yes, sir. 16 COMMISSIONER MOSER: Okay. And what is the 17 cost of this? 18 MS. HOFFER: There's no cost. 19 COMMISSIONER MOSER: Okay. 20 COMMISSIONER HARRIS: I move for approval. 21 COMMISSIONER BELEW: Second. 22 JUDGE KELLY: Okay. Motion's been made by 23 Commissioner Harris, seconded by Commissioner Belew to 24 approve the two Kerr County agreements for storage of 25 Kerr County owned materials and/or equipment, which are 63 1 495 Scenic Hills Road North and 135 Cutbirth Drive 2 South. Is there any other discussion? Those in favor 3 raise your hand. Unanimous, five zero. 4 Item 1.13 consider, discuss and take 5 appropriate action to discuss road damage and repair 6 options from the Winter Storm -- is that Uri? 7 MS. HOFFER: Yes. 8 JUDGE KELLY: Okay. Precincts 1, 2, 3, 9 and 4. Ms. Hoffer. 10 MS. HOFFER: We sent out the Engineer's 11 estimate for the reconstruction cost from road damage 12 from the Winter Storm Uri. Of the 20 roads that were 13 submitted in our TDEM report, two of them, Precinct 1 14 and 2 are roads that probably are going to take a little 15 more extensive work on them. 16 There's a section on Sheppard Rees as you're 17 going up the hill towards the horizon, in that area, and 18 then 2.5 miles of Ranchero Road. These are probably two 19 of our highest traffic roads. Those roads, what we're 20 hoping is to see what FEMA will give us for funding, and 21 if there's any grants that might be available to help to 22 cover some of the costs on those two roads would help us 23 out greatly. Ranchero by itself would take the whole 24 entire staff to do traffic control and the 25 reconstruction, and it would probably -- the guys said 64 1 probably about two months we would be on Ranchero. 2 COMMISSIONER BELEW: This is not in an area 3 where you can detour, is it? You just have to -- 4 MS. HOFFER: Not really. Is it? Is there 5 one detour you could take? 6 UNIDENTIFIED VOICE: There's one detour and 7 that would be there at the Nimitz School on Valley View. 8 But it would be a major inconvenience. 9 COMMISSIONER MOSER: So Kelly, this is 1.8 10 million dollars in repairs. So the agenda item is look 11 for options, so what are you proposing? 12 MS. HOFFER: Well, what -- like I said, what 13 we'd like to do is the other 18 roads we can -- we can 14 repair in-house and make the repairs on those. On these 15 two roads, we'd like to see what kind of funding that 16 FEMA will give us after the reports have been -- final 17 reports have been submitted. And my understanding is 18 FEMA will probably send a representative out to look 19 probably at those two roads. 20 COMMISSIONER MOSER: So what action do we 21 need from the Court? 22 MS. HOFFER: There really is no action. I 23 just kind of wanted to update you and let -- 24 COMMISSIONER MOSER: Okay. 25 MS. HOFFER: -- let you know what we have 65 1 in -- 2 COMMISSIONER MOSER: So it's for 3 information. 4 MS. HOFFER: Yes. 5 COMMISSIONER MOSER: Okay. Good enough. 6 MS. HOFFER: And the direction we want to 7 go. Charlie has an agenda item. We are going to have 8 Rock Engineering come in and do core samples in those 9 areas to find out what's been damaged. It doesn't 10 necessarily mean if you've got 14 inches of base that 11 all 14 inches have to be removed. They may say, our 12 recommendation is to remove the top three inches and 13 maybe put an additive in with -- 14 COMMISSIONER MOSER: Okay. 15 MS. HOFFER: -- the new three inches and go 16 from there. 17 COMMISSIONER MOSER: So you'll come -- 18 you'll come back when you decide what to do with the 19 options? 20 MS. HOFFER: Yes, sir. 21 COMMISSIONER MOSER: Okay. Good. 22 COMMISSIONER LETZ: Kelly, on the other 18 23 roads that we're going to repair in-house, to do that, 24 you're taking 15 miles off of the sealcoat program. Is 25 that -- 66 1 MS. HOFFER: Well, some of those roads -- 2 some of those roads are on the sealcoat for this year. 3 They happen to be on the sealcoat list. A lot of them 4 are not large areas. It would be very similar to roads 5 that we have base failures in certain areas that we've 6 just -- we've got to cut out and rework that spot. Am I 7 correct on that? 8 UNIDENTIFIED VOICE: That's correct. That's 9 correct. The majority of the damage is very small. You 10 know, a spot here, spot there. And we're talking the 11 size of your table. Stuff like that. And that's more 12 maintenance than it is reconstruction or a real arduous 13 task, so -- 14 MS. HOFFER: The real major damage is those 15 two roads. 16 COMMISSIONER LETZ: Is there any way to not 17 take 15 miles off the sealcoat program? 18 MS. HOFFER: Well, we're not going to take 19 15 miles off -- I mean -- no, what it is is that we 20 took this year -- 21 COMMISSIONER LETZ: Oh, you already -- 22 MS. HOFFER: -- we reduced it to 35 miles -- 23 COMMISSIONER LETZ: Okay. 24 MS. HOFFER: -- to try to help the Court 25 balance the budget. 67 1 COMMISSIONER LETZ: All right. You're not 2 taking -- 3 MS. HOFFER: We normally -- we normally are 4 in a 50-year -- or 50-mile program. 5 COMMISSIONER LETZ: Okay. You're not -- 6 MS. HOFFER: We're at 35 this year. 7 COMMISSIONER LETZ: You're not reducing it 8 additionally? 9 MS. HOFFER: No, sir. 10 COMMISSIONER LETZ: Okay. That's -- I 11 thought that was additional reduction, that's what 12 concerned me. 13 MS. HOFFER: No. 14 COMMISSIONER HARRIS: Kelly, what kind of 15 timeline are we looking at to get, you know, people out 16 for core samples and -- when do you think FEMA or 17 somebody might come out or what have you? 18 MS. HOFFER: Well, I think that the FEMA 19 coming out would be after the reports are submitted. I 20 think on April 19th. And then FEMA, I think, goes from 21 there and they -- they come out and they want to look at 22 the road damage, is my understanding. 23 MRS. SHELTON: And there's a workshop 24 tomorrow that -- for that very discussion that I saw 25 right before I came into court. 68 1 MS. HOFFER: Uh-huh. 2 MR. HASTINGS: And with today's technology, 3 my understanding in talking with Dub, they may not come 4 out at all. They may rely totally on pictures that we 5 have taken, videos, the reports that we provide. And 6 that's why we put off -- we got a jump on those reports. 7 They -- they're turned in. 8 MS. HOFFER: Yeah. 9 MR. HASTINGS: That's all turned in. And 10 we're waiting to hear back from FEMA, right, on that. 11 COMMISSIONER MOSER: Good. 12 MR. HASTINGS: But we do have another item 13 1.22 and it is still listed at 10 o'clock. I don't know 14 if you all want to pull that out of order. It will just 15 take a moment. 16 COMMISSIONER MOSER: That's up to him. 17 MR. HASTINGS: Which is like -- so -- 18 otherwise, it's at the end of all the 10 o'clocks. 19 JUDGE KELLY: Well, wait, let me make sure 20 first of all on item 1.13, we're not taking any action 21 today, this is just -- 22 MS. HOFFER: No, sir. 23 JUDGE KELLY: -- information on it? 24 MS. HOFFER: It's just for information. 25 JUDGE KELLY: And thank you for letting us 69 1 know. 2 MS. HOFFER: Sure. 3 JUDGE KELLY: You know how we hate 4 surprises. But this is all part of the public 5 assistance portion of the FEMA grant application that we 6 have, isn't it? 7 MS. HOFFER: Yes, sir. 8 JUDGE KELLY: Okay. So since there's no 9 action 1.13, let me go ahead and call item 1.22, which 10 is related. And that is to consider, discuss and take 11 appropriate action for the Court to authorize the County 12 Judge to execute a contract with Rock Engineering & 13 Testing to perform a geotechnical pavement evaluation 14 for road damage in Winter Storm Uri, 2.5 miles of 15 Ranchero Road and point four miles of Sheppard Rees 16 Road, Precincts 1 and 2. Mr. Hastings. 17 MR. HASTINGS: Thank you, Judge. Winter 18 Storm Uri swept through the Texas Hill Country beginning 19 February 11th, 2021 and ending February 19th, 2021. The 20 storm included freezing rain, snow, ice, sleet and 21 subfreezing temperatures. Water that infiltrates the 22 surface of a road through micro-cracks expands once 23 frozen, opening up the cracks making them larger and 24 deeper. Once the ice thaws back into water and freezes 25 again, the cracks are made larger again. 70 1 We saw a lot of that on the roads. At night 2 it would be frozen, in the daytime the sun would come 3 out, it would heat it back up, that water -- and every 4 time is making those cracks bigger and bigger. This, 5 combined with heavy traffic, resulted in extensive base 6 failures and a washboard surface for portions of both 7 Ranchero and Sheppard Rees Road. 8 As a matter of fact, if you would have 9 driven down Ranchero when it was over, we were 10 describing some portions as a cobblestone path. It 11 looked bad. Okay. 12 We did get a comment from someone in the 13 public that said it's great, people aren't speeding. 14 But we've got to rebuild those roads, we can't leave it 15 like that. Both roads will need to be reconstructed. A 16 pavement evaluation from the certified geotechnical 17 engineering consultant is warranted. Please see the 18 attached proposal from Rock Engineering & Testing 19 Laboratory, Incorporated. We've used Rock Engineering 20 over and over again. Very good geotechnical firm. And 21 the County Attorney has something to add because she put 22 a small contract together. 23 MRS. STEBBINS: We put that small contract 24 together. It's probably within your packet now. But 25 I've made some modifications to it to include some of 71 1 the provisions that are required in order to get the 2 FEMA funding for it that Tanya sent me last week after 3 she got some education about FEMA requirements for the 4 public assistance. So you'll see those in there. I 5 sent that to Jody today. But that's what you will be 6 signing and there are just maybe six or seven provisions 7 that I added to that small contract. 8 MR. HASTINGS: Now, what you approve today 9 is not contingent upon getting a FEMA reimbursement. 10 There is money in the budget, in Road & Bridge's budget, 11 for these kind of things. We do these sort of things 12 routinely. The County Engineer recommends that the 13 Court authorize the County Judge to execute a contract 14 with Rock Engineering & Testing Laboratory, Inc. in the 15 amount of $3,500 to conduct a pavement evaluation for 16 the reconstruction of 2.5 miles of Ranchero Road, and 17 0.4 miles of Sheppard Rees Road. 18 COMMISSIONER MOSER: Move for approval. 19 COMMISSIONER LETZ: Second. 20 JUDGE KELLY: Motion's been made by 21 Commissioner Moser, seconded by Commissioner Letz to 22 approve retaining Rock Engineering & Testing to perform 23 a geotechnical pavement evaluation for Ranchero and 24 Sheppard Rees Roads. Any other discussion? Those in 25 favor raise your hand. Unanimous, five zero. Thank you 72 1 very much, Charlie. 2 MR. HASTINGS: You're welcome. 3 JUDGE KELLY: Okay. Ms. Carr, if you're 4 watching me upstairs, this is the time that you should 5 start directing your people to come downstairs. 6 We'll call Item 1.14, which is the public 7 hearing for the Revision of Plat for the Ravine, Lot 21, 8 and a portion of the Common Area. Mr. Hastings. 9 MR. HASTINGS: Thank you. I think what I'd 10 like to do to introduce this. This has been through 11 a -- one public hearing during the snow storm that had 12 to get canceled. So that is why we're here again today. 13 The Ravine is an existing subdivision. 14 They'd like to modify Lot 21, making it a little bit 15 bigger coming out of property from the Common Area. The 16 bylaws in the subdivision reference an area as common. 17 It is owned by a single owner who originally was the 18 developer of the property. That's changed hands a few 19 times. But if we're ready, we'd like to open it up 20 for -- let the public come speak. 21 JUDGE KELLY: Okay. At this time, the Court 22 will convene the public hearing for the Revision of Plat 23 for The Ravine of Lot 21 and a portion of the Common 24 Area. First person I have here is Bruce Galloway. Is 25 Mr. Galloway here? 73 1 MR. GALLOWAY: Yes. 2 MR. HASTINGS: He's right here. 3 JUDGE KELLY: Mr. Galloway. 4 MR. GALLOWAY: Yes, sir. 5 JUDGE KELLY: You may proceed. 6 MR. GALLOWAY: I am trying to buy an 7 additional tract of land adjacent to mine. Have it all 8 replatted into my name in one plat so that if I ever 9 decide that I want to sell this piece of property, my 10 home and property, it'll be a clear deed. 11 JUDGE KELLY: Well, let's back up. The 12 public needs to know what we're talking about. This is 13 a public hearing. 14 MR. GALLOWAY: Okay. I'm sorry. We're 15 talking -- 16 JUDGE KELLY: If you would, just summarize 17 what it is you're asking the Court to do. 18 MR. GALLOWAY: All right. I'm asking the 19 Court to approve a replat of Lot 21 in The Ravine 20 subdivision over on the other side of Ingram. The land 21 is noted as common area, but in fact title to the land, 22 the deed to the land is in the Ravine Development 23 Company, or Daniel Hawkins. 24 The people that you will -- that are 25 opposing what I'm doing are saying that their 74 1 restrictions don't allow it. There's nothing in the 2 restrictions that says that the owner of The Ravine 3 cannot sell property. There's no such language in those 4 -- in those. 5 All I want to do, and the reason I'm asking 6 to buy -- wanting to buy this is, my septic line runs 7 into the common area. That was approved in 1994 by the 8 Commissioners' Court of Kerr County. It was never made 9 a matter of public record, but about two months ago I 10 gathered all the papers from the Commissioners' Court 11 and put them in the form of an affidavit and filed them 12 as a matter of record in the Deed Records of Kerr 13 County. 14 And all I'm asking for is to be able to buy 15 this piece of property so my septic system lies solely 16 on property that I own. I'm not making any future 17 developments of it. I'll clean up the property a little 18 bit. I'll make it look a lot nicer than it was. 19 But anyone that says that Daniel Hawkins 20 can't sell this land or The Ravine Development can't 21 sell it, it's in his name and there's no -- nothing in 22 the restrictions that says he cannot sell this property. 23 JUDGE KELLY: Mr. Galloway, did you bring an 24 attorney or an engineer with you today? 25 MR. GALLOWAY: No. I'm -- I also happen to 75 1 be a lawyer. 2 JUDGE KELLY: Okay. Is there anything else 3 you'd like to present to the Court? 4 MR. GALLOWAY: That's it. That's all I 5 have, sir. I appreciate you taking the time to listen 6 to me. 7 JUDGE KELLY: Okay. 8 MR. HASTINGS: Judge, I'd like to add that 9 what Mr. Galloway has just stated is found in Exhibit A 10 of the next item. Just so you know. He described it. 11 He had permission at one time to have his septic system 12 off of his property into the common area. So just 13 wanted y'all to know that that is available. And when 14 we get to that next item after the public hearing is 15 over, I'll -- I'll refresh the Court on that. 16 JUDGE KELLY: Okay. Then the next person 17 that has signed up to speak is -- I'm trying to read 18 this. It's Kathy -- 19 MR. HASTINGS: Katherine Bockoven. 20 MS. BOCKOVEN: Hello. 21 JUDGE KELLY: Hi. Please identify yourself? 22 MS. BOCKOVEN: I'm Katherine Bockoven. I've 23 been in The Ravine for over 20 years and seen the good 24 and the bad and the evil that's come out of it. And 25 right now we're struggling with the evil. 76 1 I'm asking the Court not to consider -- or 2 I'm against the replatting. And I just don't understand 3 that we've gone all this time. We've had no problems of 4 a septic or we've all gotten along. Hasn't been any 5 problems. And all of a sudden now, we decided we want 6 to start chopping things up. And for -- and I know that 7 the owner, Ann, wouldn't have approved it. And I don't 8 understand why we can't work together in what would have 9 to be. So I -- it's just not -- right now. But I am 10 against the divide. 11 JUDGE KELLY: Ms. Buckoven, could you 12 describe for us what is the common area as you 13 understand it there in your subdivision? 14 MS. BUCKOVEN: My understanding is the 15 common area is any land that anybody can touch, walk 16 across, do whatever -- because I've never been 17 restricted anywhere on my property or off the property 18 or down at the water front. Nothing. So all I was 19 understanding that my house is number eight. So there's 20 a lot in front of mine, and then down the way a little 21 bit there's a couple other lots. And then I guess lots 22 going on down here. But I was understanding that -- I 23 didn't realize there was a gray area. I thought 24 everything -- everybody who lived in The Ravine had 25 access to whatever. Because that's how it was. No one 77 1 had any issues. 2 JUDGE KELLY: It was all common use? 3 MS. BOCKOVEN: Everybody used it. Yes. So 4 like I said, 20 years we've had -- I've had no problems. 5 No one -- no one, you know, saying this or that. And 6 like I said, in all the beautiful scenery that was out 7 there, all the woods and all the pines and all the 8 animals, he came in and he just took it out. I don't 9 understand what for. 10 And now, because there was -- when I first 11 moved there, there -- there was always a family of momma 12 deers, and they would come up every year. And now you 13 don't see anything. And it's just dirt, rubble. And I 14 don't understand why he came in and took -- there's no 15 reason. 16 JUDGE KELLY: Is the common area and the 17 use -- common use by the residents of that subdivision 18 referenced in your deed documents? 19 MS. BOCKOVEN: I couldn't say that for sure 20 if it says that but I'm -- my understanding that it 21 does. But I didn't understand -- I was never told 22 when -- he wanted to rent it. So I rented part of the 23 time and I just recently bought the house. So when I 24 was renting, everybody had use to everything. It wasn't 25 like you can't step here or here or there or there. It 78 1 was all open. And all of a sudden now it's like you 2 can't touch here or you can't touch that. But just 3 assumed everybody had access to the water front. But I 4 guess we don't have that. 5 JUDGE KELLY: Okay. Well, we'll see. 6 MS. BOCKOVEN: Okay. Thank you. 7 JUDGE KELLY: Thank you. All right. The 8 next person is -- I think it's -- is it Delma Ybarra? 9 MS. YBARRA: Good morning. 10 COMMISSIONER MOSER: Good morning. 11 JUDGE KELLY: Please state your name and 12 address. 13 MS. YBARRA: My name is Delma Ybarra and I 14 live at 127 Eickenroht Road, and I'm Lot 9. And I'm 15 against the replatting, whatever it is. So I'd like to 16 also say a little something. I just recently moved 17 there about two months ago. And when I saw the area, to 18 me it's just beautiful. If anybody -- if you're 19 familiar with the area it's just a beautiful, quiet, 20 serene place. 21 I'm still employed, but I do hope to retire 22 soon, and that was my dream. The reason I bought my 23 home there, to be able to retire, because it's -- it's 24 just so beautiful. And I have a family, and I have 25 grandchildren. And I wanted -- you know, I don't want 79 1 anything else to change. I would -- so -- and that's 2 all I have to say so. 3 JUDGE KELLY: Okay. 4 COMMISSIONER BELEW: Can you clarify 5 something? There is mention of not having access to the 6 water now. Is that the only place where you could have 7 access to the water? This -- this part in question 8 that's less than a half acre it looks like? Is there 9 any other place where you can have access to the 10 waterfront? 11 MS. YBARRA: No, sir. That I'm -- 12 COMMISSIONER BELEW: Okay. 13 MS. YBARRA: I'm still getting to -- you 14 know, need to get more familiar with all the area, too. 15 So -- but that I'm aware of, no. 16 COMMISSIONER MOSER: Is this common 17 property, is that described with metes and bounds so we 18 know exactly -- 19 MRS. STEBBINS: Charlie will give y'all some 20 more information -- 21 COMMISSIONER MOSER: Huh? 22 MRS. STEBBINS: Charlie will give y'all some 23 more information during -- 24 COMMISSIONER MOSER: Okay. 25 MRS. STEBBINS: -- the discussion item 80 1 that's next. 2 COMMISSIONER MOSER: Okay. 3 JUDGE KELLY: Thank you, Ms. Ybarra. Next 4 is Audrey Robles. 5 MS. ROBLES: Hello. Hi. I'm Audrey Robles, 6 formerly Audrey Carr, my maiden name. I'm Ann and David 7 Carr's daughter. And I'm against the replatting of the 8 land. 9 JUDGE KELLY: Okay. And tell us why. 10 MS. ROBLES: From what I've heard, it does 11 not sound appropriate. 12 JUDGE KELLY: Okay. 13 JUDGE KELLY: Is there anything else you'd 14 like to share with the Court? 15 MS. ROBLES: I love the property. I love 16 The Ravine and I don't want it to change. Thank you. 17 JUDGE KELLY: Thank you. Next is Miss Ann 18 Carr. 19 MS. CARR: Good morning. My name is Ann 20 Carr and I live at The Ravine and I own Lot 6 with my 21 husband David. Even though we've only owned our home 22 for less than a year, my family and me personally have 23 been coming to The Ravine for over 35 years as my 24 grandmother lived here, and our family has been coming 25 to the Eichman house for about 20 years. 81 1 First of all, I ask that the Court denies 2 this replat. Secondly, I've got to say thank you. I've 3 got to say -- I've got to thank Don and I've got to 4 thank Charlie. Where is Charlie? Right over there. He 5 really put up with me, and Ms. Jody. Because there were 6 times during this where I really needed some help. 7 Y'all's patience and kindness towards me and even -- 8 even when I didn't deserve it has helped me learn more 9 than I ever imagined about how things work here at the 10 County and about our restrictions. 11 I've learned that Ann Eickenroht is the 12 subdivision grantor. She created the restrictions and 13 she set aside certain reservations for herself where 14 only she has the power to change things at The Ravine. 15 These things included utility easements, the road, our 16 common green areas. Her authority of subdivision grants 17 have lasted for a period of 25 years. After that 25 18 year time period, she set up a unique mechanism for 19 change, and that system involves a two-thirds voting 20 system that can only occur every ten years and that 21 two-thirds means they've got to have -- we have to have 22 16 lot owners vote for the approval. No other grantor, 23 or in Mr. Hawkin's case, deed or title grantor has the 24 right to change anything at The Ravine. Only the 16 lot 25 vote majority can change things. 82 1 I've also learned that our restrictions run 2 with the land and they are part of the land. And that 3 even if our restrictions are not included in the deed 4 transfer, that lot owners have the same rights and 5 privileges set forth in this document. And during a 6 deed transfer, these restriction cannot be tampered 7 with. They are set out in full in each and every 8 contract and deed. 9 A new owner cannot delete certain 10 restrictions that he or she doesn't want included in the 11 sale. These restrictions come as they are. They are a 12 package deal. A new deed grantor must accept with 13 complete reservations that are on file with the County. 14 The new deed grantor cannot manipulate this document of 15 record at closing to fit their agenda. 16 I've also learned that when you by property 17 you are subject to the restrictions on record. And you 18 cannot say, well, I like this restriction but not that 19 one. 20 We, the lot owners, all signed papers at 21 closing that included our restrictions, and those 22 restrictions on record with the County of Kerr have not 23 changed, since the deed transfer from grantor, including 24 the deed transfer from Larry Martin to Daniel Hawkins in 25 2016. 83 1 Also, regarding that very sale, Scott 2 Peschel, the then Vice President of Fidelity Title, that 3 was the title company during the sale from Larry Martin 4 to Mr. Hawkins, Mr. Peschel stated that Daniel Hawkins 5 only has the title of grantor of the common area, but no 6 power to sell or manipulate the ground. 7 In closing, I'd like to thank you for this 8 time, patience, kindness. I'd rather not be here today. 9 I'm missing work. But if we are going to fight for our 10 property rights, I can't imagine having a better group 11 to be here with than my neighbors and my family. We are 12 simple people here, just like y'all. We're -- we're 13 government employees, we're teachers, nurses, 14 counselors, musicians. A lot of us are retired. We 15 don't have a lot of clout or money, but we do have each 16 other. We have you, this Court, that's set up to help 17 people like us. Thank you again for your kindness. 18 JUDGE KELLY: Thank you. 19 COMMISSIONER MOSER: Good summary. 20 JUDGE KELLY: Next is David Carr. Please 21 identify yourself and your address. 22 MR. CARR: Hi. Yes, sir. Good morning. 23 I'm David Carr. I, first of all, wanted to say thank 24 you for giving me some time. Just a few short minutes 25 of your precious time to -- and I'm also with my 84 1 beautiful wife, lot owners of Lot 6 at The Ravine. I'm 2 also an engineer, electrical and environmental engineer, 3 for 32 years for the United States Army. We protect and 4 defend the United States and today I was supposed to be 5 briefing the Pentagon, but this was very important to 6 spend some time to address one particular issue, because 7 I know you're going to be listening to several people. 8 So I just want to address one particular issue, and that 9 is taxes, in the green area. 10 I gave you some papers there. The first 11 page is just straight out of the -- out of the record, 12 Volume -- I think it was page -- Volume 175, Page 568, 13 Section 22. It goes on to say right there, first of all 14 that -- let me just backup. I oppose the -- 15 JUDGE KELLY: Mr. Carr, let me just clarify. 16 This is the copy of the page of your restrictive 17 covenants? 18 MR. CARR: Yes, sir. Yes, sir. 19 JUDGE KELLY: All right. 20 MR. CARR: Yes, Judge. I oppose Lot 21's 21 replatting for this -- well, for many reasons, but this 22 is one of them: Because it's going to encroach on 23 common green area. It's going to swallow up a small 24 portion but a portion of it. And I have a say in that. 25 I haven't been asked to do that. The -- right there in 85 1 what I've highlighted on that page talks about 2 maintenance and improvements. Each lot shall be subject 3 to an annual maintenance fund. Said fund to be 4 collected, administered, and disbursed. It goes on to 5 talk about in determining the annual amount chargeable 6 to each of the lots. And then it goes on further and 7 says for the common welfare of all the lot owners. This 8 fund shall be used for the purpose of improving and 9 maintaining the roads, walks, common green areas, 10 easements, and maintaining or expanding the water system 11 or doing any other things necessary or desirable. I'll 12 just stop there. 13 And I provided some copies of bills from 14 history. Didn't give you all the bills. But what I 15 gave you was a history that at one time the lot owners 16 paid their share of the taxes and then it stopped. And 17 I've only been a lot owner for less than a year, so I 18 don't know all the history. But I can see in the -- 19 just looking at the bills that they did pay the taxes. 20 Daniel approached me a couple of days ago 21 and I wrote it down because he said he paid all the 22 taxes, he takes care of this place, and I can go on and 23 on. However, I'm going to cut it short there. I didn't 24 ask him to pay the taxes. For this reason and for other 25 reasons, I ask the Court to stop the replatting of The 86 1 Ravine. Although we have been homeowners for a short 2 time, we embrace the restrictions and we respect them. 3 Ann Eickenroht was an amazing brilliant person and I've 4 learned so much about her, I wish I would have known her 5 personally. But I don't. So I'm trying to preserve 6 what she tried to do there at The Ravine. 7 So I'm just one of the two-thirds in the 8 deed restrictions that has a say. At least two-thirds 9 have a say, that -- and I do not agree with the 10 replatting into the common area because it's mine, too. 11 And I thank you for your time very much. Thank you. I 12 thank my wife for all the hard work she's be doing. 13 COMMISSIONER MOSER: Who owns -- who owns 14 the common area? 15 MR. CARR: The ownership, I believe, is 16 Mr. Daniel Hawkins or Ravine -- 17 COMMISSIONER MOSER: But it's not the 18 homeowners' association? 19 MR. CARR: We technically do not have an 20 HOA, sir; we have a maintenance fund. And so we don't 21 technically have an HOA but we do have a -- 22 COMMISSIONER MOSER: So -- but who owns -- 23 MR. CARR: -- maintenance fund. 24 COMMISSIONER MOSER: -- who owns the 25 property? Who owns the common land? 87 1 COMMISSIONER LETZ: It'll come up when 2 Mr. Hastings talks. 3 MR. CARR: Yeah. 4 COMMISSIONER MOSER: Well, can I not ask 5 questions before -- 6 COMMISSIONER LETZ: Generally, we don't ask 7 questions -- 8 COMMISSIONER MOSER: Huh? 9 COMMISSIONER LETZ: -- during public 10 hearings. 11 COMMISSIONER MOSER: Okay. Let me withdraw 12 that question. I'll ask it again. 13 JUDGE KELLY: Thank you, Mr. Carr. 14 MR. CARR: Thank you very much, Judge. And 15 thank you. 16 JUDGE KELLY: Next is Eric Eichman. 17 MR. EICHMAN: Good morning. My name is 18 Eric -- 19 JUDGE KELLY: Please state your name and -- 20 MR. EICHMAN: Oh. My name is Eric Eichman 21 and I -- my grandmother owned Lot 3, and now my aunt and 22 uncle, Scott and Lauren Eichman, own Lot 3. I've been 23 going since I was born, so 40 years -- I'll be 40 this 24 year. 25 I do not agree with this replatting of the 88 1 land. As everybody in front of you has said, it is 2 common ground. It is for the enjoyment of everybody. 3 Families. Our friends that come. And we -- again, I've 4 been coming since I was born. My kids are now 16 and 5 two, I bring my kids. 6 And you know, some of the restrictions 7 aren't with this -- you know, selling this piece of land 8 could lead to selling another piece of land and it will 9 hinder our ability to go to the river, if that comes to 10 you, or inhibit other activities, you know, that our 11 families can enjoy at this place. 12 And like I said, Ann Eickenroht put in her 13 deed restriction that her restrictions were forever. 14 For whoever owned that land, those restrictions were 15 forever. So -- 16 JUDGE KELLY: Let me clarify. 17 MR. EICHMAN: Yes. Absolutely. 18 JUDGE KELLY: Miss Eickenroht was the 19 original grantor that set this system up? 20 MR. EICHMAN: Yeah. Yes, sir. 21 JUDGE KELLY: And she imposed those 22 restrictions on herself forever? 23 MR. EICHMAN: I don't know if those were for 24 herself. From what I read it was to whoever that land 25 went to after her, it was forever in -- in that respect. 89 1 JUDGE KELLY: And so you're understanding is 2 those covenants run with the land? 3 MR. EICHMAN: Yes, sir. 4 JUDGE KELLY: Okay. Thank you. 5 MR. EICHMAN: And I thank you very much for 6 your time and taking the time to listen to me. 7 JUDGE KELLY: Thank you. Lauren Eichman. 8 Did I get the first name right? 9 MS. EICHMAN: Yes, sir. Lauren Eichman. 10 Good morning, everyone. I am Lauren Eichman. I own 11 Lot No. 3, along with my husband Scott Eichman. His 12 mother was original owner of our property, so they 13 bought that property in '74. It was deeded over to my 14 husband and I prior to her death. We have a lot of ties 15 to The Ravine anyway because my grandmother had a house 16 lot -- I forgot my notes -- anyway, Bockoven's house. 17 Long story short, you all have been hearing 18 the same thing. I just more or less want to ditto 19 everything else that everyone has said, that I'm opposed 20 to the replat. We -- as you know, the common green 21 area, it's not very green anymore because of the storm 22 and it's all brown sort of. But the green area, the 23 common areas we have access to, we always have up until 24 about a month ago when my husband and I chose not to do 25 the original plat back in February 22nd. We were part 90 1 of the number three. We wanted to also expand our lot, 2 like Mr. Galloway. But in reading the deed, our Bible 3 more or less, our Constitution, the restriction shows 4 that the family members, lot owners have use to the 5 common green area. 6 My husband and I just wanted a little teeny 7 tiny pie, and after reading our restrictions over and 8 over again, we can't sell common ground. It wouldn't 9 have been right for my husband and I to purchase land 10 that the other lot owners have access to. That's why we 11 backed out. Sorry it was last minute. But we did. It 12 wasn't right. 13 So that's all I want to say. Thank you for 14 your time. Definitely do not oppose -- or don't propose 15 the deal, the replat. Thank you. 16 JUDGE KELLY: Thank you. Scott Eichman. 17 MR. EICHMAN: Hi. Good morning. My name is 18 Scott Eichman. I'm a lot owner of three with my wife, 19 Lauren Eichman. And we are against the replatting of 20 The Ravine. I want to thank you for allowing me to 21 speak this morning on this topic. I also want to thank 22 God for giving us this opportunity. Because without 23 Him, none of this would be possible. I get very 24 passionate about things that I believe. And this is one 25 strong moment in time that I'll tell you that this is 91 1 not the right thing for our community. My history of 2 this property goes back almost 40 years. My parents, 3 and their parents owned this property. My kids will 4 eventually have this property and they're in our trust. 5 It's written very clearly not to sell this 6 property. If they can't agree, they'll have to sell it 7 to each other. It will go on forever in our family. 8 Their kids and their kids. 9 I'm also a graduate of Schreiner College. 10 I've been a part of this community since 1988. As far 11 as living in The Ravine for almost two plus years, as a 12 student and a student athlete of Schreiner College. I 13 have ties to this community. I've known every 14 individual that's owned the property from Ann Eickenroht 15 to Katherine to Larry to Daniel Hawkins. Okay. I've 16 seen a lot in my time there, as teenager growing up in 17 The Ravine. And now as an individual that now owns the 18 property. And I'm enjoying a ton of stuff that you can 19 only imagine that we've experienced over that time. 20 So with a stroke of a pen somebody can come 21 in and change all that. And you need to know that based 22 on what I can tell based on interpreting the 23 restriction, that it would change a lot of things that 24 we experience today and potentially the future of what 25 my family and their kids may experience. 92 1 I met my wife in Kerrville. Her parents 2 lived in Hunt. And of course, I also knew my wife's 3 grandmother that lived in The Ravine. Didn't know it at 4 the time, but we were living right next door to each 5 other. So there's a lot of sentimental stuff that goes 6 on that's way beyond just a stroke of a pen that can 7 change things forever. All you need to do is support 8 what's already written and you have in your hand, which 9 is the restrictions that enforce what Ann Eickenroht 10 wished to be. You can read it, you interpret it, and 11 hopefully you have the knowledge and the will power to 12 maintain what's already in place. 13 It was registered in 1974, here in this 14 courthouse. The lady was brilliant. If you read how 15 she articulated and put it together, it will stand the 16 test of time if you know how to understand it and know 17 what it means. And I'm sure with the knowledge we have 18 in this room, the people that are going to speak after 19 me, they'll help you understand it more clearly. 20 I pray that the document you have will 21 prevent the replatting of The Ravine, that it will not 22 allow a private landowner to own common green area. 23 This could potentially prevent future endeavors or 24 future things that the residents of the Ravine will 25 participate in. 93 1 In closing, I can tell you greed and 2 intimidation and conditioning and bullying has been a 3 part of what we've experienced for the last three and a 4 half years. I initially didn't experience it because I 5 was somewhat on the fence. In trying to give the new 6 landowner -- I would say the grantee -- the opportunity 7 to experience what he thought was -- that his purchase 8 would allow him to do. 9 Over the years I experienced a lot of 10 stories that changed my path and my feeling of this 11 individual. And up until about a month ago, as my wife 12 explained, we were part of the replatting. Because this 13 individual gave us hope or some impression that we could 14 own it in the very beginning when he took ownership and 15 gave everybody the impression that I'm going to give you 16 part of this land so I don't have to maintain it. Well, 17 it turns out he wasn't going to give it to us, he was 18 going to sell it to us. 19 And over the period of time, I've heard too 20 many stories to tell you that this will be a part of a 21 different day, I'm sure, where this person has bullied 22 and intimidated landowners to -- to buy certain 23 properties or certain portions of property based on 24 certain issues that -- that he believed he had rights to 25 and made them buy certain things. Forced them to do it. 94 1 Threatened them to do it. And until yesterday, I never 2 experienced that wrath. 3 Yesterday, he approached me at the river 4 front when I was trying my best to improve the river 5 front, which I've been maintaining for this individual 6 and the community in good will and good spirit as part 7 of what I do in life is just helping out. I've done a 8 lot of other projects for The Ravine over the years. 9 This individual, Daniel Hawkins, threatened 10 to kick me off what he proclaimed is his private 11 property and he wanted me off of it and I was in the 12 process of mowing the river front. This has to stop. 13 It needs to stop with replatting and then we'll take it 14 to the next step after that. But you can't allow a 15 private landowner to own common green property that we 16 all experience and Ann Eickenroht allowed us to 17 experience for the joy of the community and our 18 families. Up and including the road, the front, the 19 entrance. These are all simple things that we take for 20 granted every day. But if we allow one person to own 21 that property which we all have rights to it, whether I 22 own one lot or whether I own six lots, I have the right 23 to utilize all that property based on how the deed 24 restrictions are written. Very clear. 25 You give one individual that may own the 95 1 title to it, the right to push people around and pick 2 and choose what he wants to do every day at the drop of 3 a hat is not fair and it shouldn't be right. 4 So that's all I have in closing, but I just 5 appreciate the time that you have given us. But if you 6 just read the restrictions that are placed in your 7 Courthouse, before you were here probably, or maybe not, 8 they'll tell you everything you need to know. That's 9 all I have to say. 10 JUDGE KELLY: Thank you, Mr. Eichman. 11 MR. EICHMAN: Thank you. 12 JUDGE KELLY: Al Smith. 13 MR. SMITH: Good morning. I'm Albert L. 14 Smith. My wife will come behind me and she is Norine J. 15 Smith. We have owned -- and I appreciate the time you 16 have given us. We have owned this property, unit 10, 17 since the year 2000, when Ann Eichenroht died. Ann 18 Eichenroht was a personal friend of mine. I knew her 19 exceedingly well because I was with her son when he was 20 hit by a car and I had to pronounce -- I mean I had to 21 identify the body, and he was brain dead. I had to call 22 Ann. Never met her. She flew in. I picked her up. 23 She spent three days with me, driving her around, and I 24 developed a tremendous respect for her and her 25 brilliance. 96 1 I won't go into great deal but she started 2 school at the University of Texas at the age of 12. She 3 graduated within two to three years. Her son and I both 4 were at Rice. I did not know him at Rice. He graduated 5 at Rice in three years with a double major in physics 6 and chemistry and made the best grades anyone ever had 7 at Rice and that has held for many years. I don't know 8 if it still does. They were brilliant individuals. 9 Ann did everything meticulously. She knew 10 exactly what she was doing. And so, when she died, she 11 willed unit 10 to me. She had built the house wanting 12 me to move there. She was hoping I would set up a 13 medical practice when I finished my residency in San 14 Antonio, here in Ingram -- in Ingram or in Kerrville. 15 My stars were different. I went back to my 16 home where I grew up in the Rio Grande Valley, in 17 Lyford, Texas. I went back to the home I grew up in. 18 My parents had died many years before that. And that 19 was my stars. I think she was hurt by it, but she 20 accepted that. And we still remained good friends when 21 I married and had a child, she adopted them into her 22 family. She was at our wedding. So that's how I knew 23 Ann Eickenroht. 24 I knew what she wanted with the property. 25 She wanted an eclectic community where everybody was a 97 1 little different, but had -- could input ideas and work 2 together. She wanted that common area to be there for 3 life for everybody to use. I know that. And I know 4 she -- when we -- when this started happening with -- 5 after Daniel Hawkins took over, we went -- my wife 6 called Scott Peschel, who was the original title holder 7 of this, created the title, and he said don't worry 8 about it, he cannot do anything. The restrictions, and 9 the covenants and deeds are written in stone. The 10 strongest I've ever seen. Not seen. Nothing can 11 happen. 12 Then we also went to a real estate attorney 13 who we know and respect. He said the same thing. 14 When -- recently, when he saw what was happening, he 15 said he could not believe it. He said, you need to look 16 to see where the money goes, if you know what I mean. 17 He said there's no way this could happen unless somebody 18 has changed something that should not have occurred. So 19 we are completely against replatting of this property. 20 Last year, Mr. Hawkins approached us wanting 21 to purchase our unit 10. Because we are in the Valley, 22 we used to come up here fairly -- at least once a year 23 for a couple of years and enjoyed it. But as medicine 24 changed, I had less and less time and we got up here 25 less and less. So we decided to sell the property. 98 1 We had -- very quickly we had two buyers 2 willing to purchase the property at our offering. The 3 buyers withdraw their offer when they were told by Mr. 4 Hawkins or a representative they would not have a septic 5 tank because he owned it because it was on the common 6 areas. Ann put several septic tanks in the common areas 7 because she never intended them to be taken by somebody 8 else. And we were told -- and so they withdrew when 9 they heard they weren't getting a septic tank and found 10 out what was happening. 11 He then came and offered us 30 to 40 percent 12 less than what our offering price was and when we didn't 13 sign it -- and he tried to get us to sign it promptly. 14 When we did not, he threatened to sue us for not signing 15 it. And we have a text message where he was talking to 16 a realtor telling him, and he said you better sell it 17 because he's threatening to sue. 18 I don't know how -- it does not intimidate 19 us because we know you can't threaten someone to sue 20 when you are trying to buy -- sell something. And 21 you're not selling it on their terms. 22 So we retained the house. Later we heard 23 that he attempted to replat the common areas around our 24 house, which included our septic tank, without our 25 knowledge. We were never notified or received a letter 99 1 concerning the replatting of the common area adjacent to 2 unit number 10. Replatting would have directly affected 3 us and Ann Eickenroht's desire to create an eclectic 4 community that would never have the ability for a 5 developer to destroy the habitat she wanted for the 6 common areas and its inhabitants. 7 When the gentleman representing Mr. Hawkins 8 said that -- or maybe it was Mr. Hawkins, I don't know, 9 I wasn't looking inside -- that he improved the common 10 areas, it was not what Ann would have wanted. He took 11 out some very old oak trees. She wanted the deer. She 12 wanted wildlife to thrive there so we could be part of 13 it and see this wildlife. There are no more deer. The 14 oak trees are gone. And these are very old oak trees. 15 In my mind that is not maintaining something 16 that we thought was beautiful. He obviously thought it 17 was not beautiful because he plans to develop it. I 18 hope I didn't take much longer than three minutes, but 19 my wife is probably going to relinquish her time to me. 20 So I should have a little more. But that's the way it 21 is. 22 JUDGE KELLY: Thank you, Dr. Smith. 23 COMMISSIONER MOSER: Thank you. 24 JUDGE KELLY: Norine Smith. 25 MS. SMITH: Hello. I hope I can project my 100 1 voice okay. My name is Norine Smith. And I am the wife 2 of Dr. Albert Smith. And as it stands, I am against any 3 replatting. And the reason I am against the replatting 4 of any of the common areas, which include the road and 5 all the common areas, which I believe is anything 6 that -- all common areas would include all the land that 7 is not owned by the private homeowners, which includes 8 also the beach on the Guadalupe River. 9 And the reason I'm against it is because 10 Ann, who is the original architectural grantor, she 11 designed everything for the enjoyment -- for the 12 enjoyment and the use of the homeowners, and our 13 utilities, which includes our septic tank and anything 14 else. And to start replatting it, I think is opening 15 the door to additional disaster. And I agree with 16 everything my husband said. And thank you for your 17 time. 18 COMMISSIONER HARRIS: Thank you. 19 MS. SMITH: Okay. 20 JUDGE KELLY: Susan Nidever. 21 MS. NIDEVER: Hi. My name is Sue Nidever 22 and I am rather new to The Ravine. I just bought a 23 house there and closed in February. So -- and found out 24 the day I closed that there was stuff going on. So -- 25 but the reason I bought the house there is because I'm 101 1 hoping to get my parents, my elderly parents, to move 2 closer, and I live in Bumble Bee Hills, which is just 3 really maybe a mile or so, a mile or two down the road, 4 and I saw this quiet peaceful quaint area that, of 5 course, I've been familiar with my whole life driving by 6 there, and I thought if I can talk them into moving 7 closer, this would be it. 8 And my dad was -- today is his 90th birthday 9 so -- and they are both able to live independently but 10 I've seen some of my elderly neighbors have medical 11 incidents where I've been helping to take care of them 12 because they didn't have family close. So I wanted 13 to -- I wanted to have a house like -- where my parents 14 could be close. 15 And in the meantime, I have two adult 16 daughters living with me so I'm going to ship them off 17 and they can stay there, and it's going to be good all 18 the way around. I mean, I intend it to be a family 19 place. I intended to keep it in the family. I have a 20 brand new granddaughter. I hope that someday it can be 21 hers, and she can enjoy the Hill Country. She's, poor 22 thing, in Austin. So it's not the same. 23 So -- but I have some familiarity with how 24 homeowners' associations work, because Bumble Bee Hills 25 has one. And I have -- I'm actually the Treasurer of 102 1 that one. And so I have read -- believe me, I've read 2 deed restrictions, like studies, and they're written in 3 some sort of gobbledygook language sometime, but I've 4 had to read ours at Bumble Bee Hills over and over 5 because we have had issues where we've had to deal with, 6 well, what do we do, what -- and, you know, what I've 7 learned through that is that one individual -- one 8 individual's wishes or desires do not override the 9 desires of the community as a whole. 10 And we've had issues at Bumble Bee where 11 somebody wants to do this or somebody wants to do that. 12 We go back to the deed restrictions and we say no. And 13 what I -- when they're upset, you know, I say it's for 14 the protection of all of us. It's for the property 15 values of all of us. 16 And so this -- at The Ravine it's a little 17 different because they -- in Bumble Bee we do have -- 18 our common areas were not deeded to any individual. But 19 still, the restrictions are very clear. I read the ones 20 before I closed. I read the ones for The Ravine. It's 21 very clear what would -- what Ann Eickenroht wanted and 22 it's what she -- that these areas were to be for all the 23 owners. These common areas were to be available. 24 And so when I hear that people are trying to 25 kick people off the river front or chopping down trees 103 1 without getting the approval of the majority of the 2 property owners, then I'm kind of like shocked and 3 appalled because I -- I don't know all of it, I don't 4 know a lot about all of the legalities, but I know 5 that's not how it's supposed to work. 6 So I'm very much opposed to the replat. I 7 feel like if you give somebody an inch in taking control 8 and doing things the way they want to do them, then it 9 can -- it just exponentially can go crazy -- go from 10 there. So, anyway, thank you for your time. 11 JUDGE KELLY: Thank you, Ms. Nidever. Mary 12 Bradley? 13 MR. RAYMER: My name is Chris Raymer. I 14 appreciate you all being here. 15 JUDGE KELLY: Just a minute. You're not on 16 the list. Mary Bradley? 17 MR. RAYMER: Oh. She told me I was ahead of 18 her. I'm so sorry. 19 MS. BRADLEY: I always get my numbers wrong. 20 I can't count. Hi, and good morning, Commissioners, and 21 Your Honor. My name is Mary Bradley, and I live at 22 Number 1 at The Ravine. More commonly called the house 23 with the blue lights if you happen to drive by. But I 24 just want to say that I've had -- I've had the pleasure 25 of listening to my great neighbors talk, and also Bruce, 104 1 who I always liked very much. But I don't believe that 2 the plat as it's presented now and more commonly 3 referred to I believe as Lot 24, is going to be at all 4 as they've stated. 5 And it's been the history as I've seen it 6 since I've lived there, and that's been since I bought 7 the house from the caretaker, the true caretaker of the 8 property and that was Katherine Ainslie. And I bought 9 it based on the fact that we had a community of beauty, 10 the trees, the river. And more than that, a community 11 of people like minded. 12 And when -- and Daniel Hawkins bought the 13 place, it's not the same. He took down the trees. The 14 deer are no longer in existence. He -- the entrance to 15 the Ravine, which I tried to keep so pretty, because I'm 16 the house that you first see when you come in. Since I 17 did not purchase the easement he proposed, he parks in 18 my front to make sure I have no view of the river, but 19 most importantly, people cannot see coming and going. 20 And if you enter and exit The Ravine, it's really 21 difficult to see around the corner. And his constant 22 parking there, it just irritates me or intimidates me or 23 whatever, has caused accidents. Not necessarily at that 24 moment but there have been several which I've taken many 25 photos of. And it's just not safe. 105 1 It addition to -- I feel like we're in 2 harm's way a lot and that is because of Mr. Hawkins. He 3 has started fires that the fire department has had to 4 come out to. I personally lost half of my home due to a 5 fireworks incident in 2015, and I'm a little nervous 6 about fires. So we've had two major fires since then, 7 since Daniel has moved in, of which he's been told to 8 put, you know, fire -- or water trucks, at least hoses, 9 and none of that's been done. 10 In addition, I feel just mortified every 11 time I see him, because he tells me that I don't matter, 12 that what my wishes is his place. Not to go on the 13 river. He has actually has driven posts in my front 14 yard of which he wants to put a fence up, so I can't see 15 the river. 16 I've seen him drive property values down in 17 order for him to be able to purchase something from a 18 homeowner under duress. It's criminal. It's wrong. 19 And I beg for this Court to at least stop him on this. 20 Because Daniel's whole philosophy is ask -- he'd rather 21 ask for forgiveness than permission. Please stop him, 22 because I would like to have to not come to 23 Commissioners' Court every time we have an issue. I'd 24 like to be able to go to the river and not have to take 25 my prescriptions down there when he calls the police. 106 1 So thank you for your time. We all 2 appreciate it. Sorry I'm so emotional. But it's my 3 homestead. It's my life. Thank you. 4 JUDGE KELLY: Thank you, Ms. Bradley. 5 And the last person I have on my list right 6 now, and there may be others that want to speak, but 7 it's Ray Jeffrey. 8 MR. JEFFREY: Thank you, Judge. 9 JUDGE KELLY: And you're one of the 10 attorneys? 11 MR. JEFFREY: Yes. 12 JUDGE KELLY: If we have any other lay 13 people that would like -- can we take them first? 14 MR. JEFFREY: Absolutely. 15 MR. RAYMER: Just 10 seconds. 16 JUDGE KELLY: Yes, sir. Identify yourself. 17 MR. RAYMER: Yes, sir. My name is Chris 18 Raymer, I own Lots 2 and 5 at The Ravine. We actually 19 live in Ann Eickenroht's old house. So I bought it 20 20 years ago. And I grew up here in the Hill Country. 21 Tivy fighting every night. Anyway -- my one claim to 22 fame. What the heck. 23 Guys, things have just kind of changed. I'm 24 definitely against changing any of the plats. We got 25 those restrictions at signing when we bought the house. 107 1 Everybody understood we had access, blah, blah, blah. 2 And now all of a sudden everything is kind of changing 3 and -- and just for that, I'm against replatting. It 4 just opens up a flood gate of everything else that's 5 going to come down the pike. 6 If we okay this, then the next thing there's 7 a swimming pool in front of my house. So we don't want 8 to play this game. And I sure appreciate y'all being 9 here. Thank y'all for the consideration. 10 JUDGE KELLY: Thank you, Mr. Raymer. 11 MR. DAVENPORT: Hi. I'm Richard Matthew 12 Davenport. I appreciate this time with y'all. This is 13 a situation where it's not your normal thing. It's a 14 case where a guy's come in and bought property, just 15 like anyone, and thinking hey, I can make some money 16 here. This is a good deal. There's -- there's nothing 17 wrong with that. But when you make money at the expense 18 of other people to make yourself better and make them 19 worse, is that a decision we need to make as community 20 citizens? So I'm saying this guy is not a community 21 citizen. He doesn't care about this community. We all 22 either retired here or lived in this area and chose to 23 move into this community because the restrictions were 24 such that nothing else was going to be done. The 25 community wasn't going to be any bigger. It was going 108 1 to be people that took care of each other. 2 And folks, that's what we gotta do nowadays. 3 We've got to look out for each other. We can't wait for 4 the PD to come and do -- help us all the time. They 5 have responsibilities, so they want to go home at night 6 too. They don't want to run into a grass fire situation 7 that could turn weird. 8 And all we're trying to do, in essence, is 9 get you to not grant him any permission to replat, 10 because in our restrictions can only be done every ten 11 years, the next anniversary is 2029. And that's in our 12 restrictions, for all of us to honor. He signed the 13 same contract as we did. 14 We all have to get water from the same well. 15 They did away with separate wells years ago. In the 16 idea I'm assuming to -- for all of the community 17 citizens get one place to get their well. So it was 18 taken care of as one unit, rather than each individual 19 having to do it. This was just my thinking. It's what 20 Ann Eickenroht thought of. 21 But all I'm trying to say is these things 22 that have been done for the community are about to be 23 destroyed if you change this. Because not only is he 24 going to replat, he's going to sell common and try to do 25 things like that. Get his money, get on down the road. 109 1 I don't think that's what community citizens are 2 supposed to do. Just my opinion. Thanks for your time. 3 JUDGE KELLY: Thank you, Mr. Davenport. 4 Mr. Davenport? 5 MR. DAVENPORT: Yes? 6 JUDGE KELLY: Would you get Mr. Raymer and 7 both of y'all fill out the application to speak, which 8 is out there at the table -- 9 MR. DAVENPORT: Oh, I'm sorry. I thought I 10 already was. 11 JUDGE KELLY: -- and let's get those back. 12 We'll need records of that. 13 MR. DAVENPORT: Okay. 14 JUDGE KELLY: Neither one of you is signed 15 up on the original list so if you'll sign up and get 16 those to us, I'd appreciate it. 17 MR. DAVENPORT: Okay. Thank you. 18 JUDGE KELLY: Yes, sir. You are? 19 MR. HAWKINS: I'm Daniel Hawkins. I'm 20 Satan. 21 JUDGE KELLY: Okay. You didn't sign up 22 either? 23 MR. HAWKINS: No, sir. I apologize. This 24 is my first rodeo here at a hearing like this. 25 JUDGE KELLY: Okay. And you're going to 110 1 have to fill out the same form and get them back to us 2 also. 3 MR. HAWKINS: Yes, sir. 4 JUDGE KELLY: Okay. You may proceed. 5 MR. HAWKINS: Okay. When I first got 6 introduced to The Ravine, a friend of mine had a house 7 there she had mentioned that she was wanting to sell it. 8 I did a little drive by. It seemed like a pretty good 9 deal. I took the bylaws and restrictions and everything 10 and took them to my attorney, and he advised me not to 11 buy the house. And I, of course, asked why and he said 12 the grantor has got way too many rights there. 13 That house in particular is built right on 14 the lot line, right on the property line of where the 15 garage entrance is. And he had advised me that the 16 grantor could build a fence, build a building, build a 17 home right there and I couldn't event enter into my 18 garage. He said that 7.45 acres is not common area 19 because it's not commonly owned. 20 So I turned the house down. A year or two 21 years later, I was driving down 39 in front of 22 The Ravine and I seen a big 4 by 8 sign that said, you 23 know, The Ravine for sale. So I got the restrictions, 24 took them down to my attorney. And I said, you know, 25 what if I could do a deal on this whole thing? He said 111 1 it would be great. He said you could either build a 2 house on that 7.45 acres or, if the County would allow, 3 you could replat it and -- and build multiple houses in 4 there. So I ended up buying The Ravine. 5 And then, I don't know, a year or two later 6 I bought that house I originally looked at. And I 7 didn't know Ms. Eickenroht, never met her, and I didn't 8 know Katherine, the lady that bought it from Ms. 9 Eickenroht. And Katherine had passed away and left it 10 to her son Larry. I didn't even meet Larry. We was 11 negotiating the deal over e-mail and text, and ended up 12 buying it. 13 And so I -- I can't Ms. Eickenroht's mind, 14 but if she wanted true common area, she would have 15 deeded it in each deed. Everybody would own some of it 16 but nobody would own all of it so that way it could 17 never be sold unless everybody agreed to sell it, build 18 a pool house or whatever. 19 And, you know, my -- and I apologize for not 20 bringing my attorney. I, you know, was just replatting 21 Bruce's deal. But to Bruce's deal, his septic is, like 22 he said was -- is on my common area. And if he goes to 23 sell his house to somebody that's borrowing money, 24 there's not an underwriter in the State of Texas that 25 will underwrite that because his septic is not on his 112 1 property. There's three -- I -- I didn't realize this 2 when I bought it. I didn't know there was a septic 3 issue. There's three properties that I know that their 4 septic runs on my property. 5 And the Smiths, my understanding this is 6 just -- and I just told Mr. Smith this, but A1 Septic 7 had got a call to go and inspect his septic because 8 evidently they were selling the house a couple years 9 ago. He came back and said the septic is not on the 10 Smiths' property, it's on Mr. Hawkins' property, and 11 they wouldn't underwrite the loan. 12 And in -- let's just play the worse case 13 scenario. If this is all undivided interest, that 14 everybody owned part of the -- part of the common area. 15 And some -- some -- they still could put their septic 16 system on common ground. It's against the E K rules, 17 health department rules and -- and the state's rules. 18 You can't do it because you don't own an undivided 19 interest. Everybody owns some of it, nobody owns all of 20 it. And you know, but that's not the case here. 21 I mean I -- I've got a third deed to it 22 where I purchased it. And I would like to address the 23 County at a later time about replatting that -- the main 24 part of this, that common area. I mean, to build houses 25 on it and it would be more tax revenue and really make 113 1 the place nice. 2 But -- and the water system, is another 3 deal. Mary had brought up there's no fire protection or 4 anything. About two or three years ago, I had gotten 5 bids to put up -- in these new water lines and it was 6 poorly done when it was installed. And there's septic 7 that's this far away from the water line. Open lateral 8 lines. The State of Texas says it has to be nine 9 feet -- the water line has to be nine feet away from any 10 closed sewer line. We're not even close. 11 So I was just going to hire a company to 12 just go in there and put new lines down. It involves -- 13 I think it was three fire hydrants. And I don't 14 remember what the exact bid was, it was 70, $80,000 and 15 everybody had, you know, strokes. They didn't want to 16 pay. And I have to tell you, I gotta pay it all up 17 front. And then I get approximately half of it back 18 from the landowners if they pay. And everybody opposed 19 it. 20 So about -- you know, I go in there and I 21 fix, you know, 10, 12 leaks every single year because 22 this -- this line is rotting and it's getting worse 23 every year. And you know, I don't mind spending the 24 money to do it, but they -- they won't even reimburse me 25 for it. And it's just a -- I'm trying to fix all these 114 1 problems that I -- you know, I have bought into 2 basically is the bottom line. That's all I've got. 3 JUDGE KELLY: Okay. Thank you, Mr. Hawkins. 4 If you would, fill out that form? 5 MR. HAWKINS: Yes, sir. 6 JUDGE KELLY: Okay. Mr. Jeffrey, you're 7 next on the list. 8 MR. JEFFREY: Yes. Thank you, Judge Kelly. 9 My name is Ray Jeffrey. I'm from over -- a lawyer from 10 over in Bulverde and Comal County, and I can appreciate 11 y'all very much. I spent 15 years in City and County 12 government over in Comal County. And I was Mayor of the 13 City of Bulverde. I say it's like being the tallest 14 building in Poteet. 15 But so I have over the years gotten 16 familiarity aside from my normal practice as a civil 17 litigator with County and City issues. And just -- it's 18 hard -- it's a hard act to follow all these good people. 19 I went out to The Ravine, and it's -- it is quaint is 20 the word for it. And it's the Hill Country from years 21 gone by. It's not the bright gleaming Hill Country that 22 is getting developed like crazy today. 23 But what I wanted to focus on and try to 24 answer for you is the legal questions. And I spent 25 quite a bit of time researching all of the various legal 115 1 issues that come up with this Ravine subdivision, and I 2 would submit to you that what you just heard from Mr. 3 Hawkins was, first of all, his recitation of what he 4 said that a lawyer told him at some time, and -- and I 5 find it hard to believe that was the advice, and if it 6 was the advice, it was bad legal advice. Because when 7 you're talking about real property issues in Texas, 8 you're talking about well developed area of the law. 9 None of these issues are of first impression that we're 10 dealing with here. 11 So I just want to jump right into the meat 12 of what the process is here today with regard to a 13 County replat. First of all, there is a critical issue 14 of standing. That is, who can come to you and ask for a 15 replat of a previously, almost 50 years previously, 16 subdivided piece of land? 17 Your Subdivision Rules and Regulations 18 provide in 6.04 very clearly, a person who has 19 subdivided land -- a person who has subdivided land that 20 is subject to the Subdivision Rules and Regulations of 21 Kerr County may apply in writing to the Commissioners' 22 Court for permission to revise the subdivision plat. 23 Well, who is a person who has subdivided 24 land? We know who it is. It was Miss Eickenroht or 25 Eickenroht, who did the original subdivision and created 116 1 this little development, only 12 acres, 23 lots. 2 This question has been clearly addressed one 3 time in the State of Texas, Brunson versus Woolsey. The 4 Fort Worth Court of Appeals held that the exact language 5 in your ordinance means that the only party who may seek 6 a County replat is the developer who filed the original 7 plat; therefore, neither Mr. Galloway nor Mr. Hawkins. 8 And I don't believe that it's Mr. Hawkins that actually 9 owns what he purchased. He purchased some lots, and he 10 purchased the common area and roadways, subject to the 11 restrictions. 12 I believe from our research that it's -- 13 that the actual owner is called Patriot Properties, LLC. 14 There was a Ravine Development, LLC which looks like 15 it's forfeited its charter. So standing, that is a very 16 serious issue for y'all. 17 Second, even if we were to assume that the 18 applicants had standing to seek the replat, you have to 19 look at what the Kerr County rules require the applicant 20 to show. Quote, that the plat revision will not 21 interfere with the established rights of any owner of a 22 part of the subdivided land. You heard from a bunch of 23 owners of the subdivided land. The property owners in 24 The Ravine subdivision object to the replat because they 25 do have established rights that will be interfered with. 117 1 And it's not before you today, but you've heard, there 2 are a lot of other scenarios in which they are being 3 interfered with already. But the only issue before you 4 today is this replat. The reason why this quaint little 5 subdivision works is because Ms. Eickenroht set out its 6 restrictions for the 12 acres. 7 If you look at the plat, there's only three 8 categories of things. There are individually platted 9 lots, which of course can be bought and sold, there is 10 the common green area, and then there's the roadway, and 11 it's basically like mostly a caliche drive at this 12 point. 13 In the restrictions filed close to 50 years 14 ago, Ms. Eickenroht specified, and she declared her 15 desire, quote, to create and carry out a uniform plan 16 for the improvement, development and sale of the lots in 17 The Ravine. It's a comprehensive plan. She stipulated 18 that the, quote, rights, title and easements reserved in 19 the restrictions, quote, shall be considered a part of 20 the land and construed as being adopted in each and 21 every contract, deed or other conveyance of said 22 property or any part thereof. That would include every 23 person that's gotten up here and spoken to you, 24 including Mr. Hawkins. He bought whatever he bought 25 subject to these restrictions and covenants. 118 1 The very first item, it's -- I'm just going 2 to point out two items in the developer's uniform plan. 3 Items Number 1 and Items Number 2. Item Number 1 says, 4 The roads, lanes, walks and common green areas, as shown 5 on said map or plat, that's everything outside of the 6 lots within the metes and bounds of this subdivision, 7 are hereby dedicated to the use of the present and 8 future owners of said lots and their guests. 9 The second stipulation Number 2 made clear 10 that this extended to the water front, which is across 11 the street. You know, the subdivision goes down to the 12 street. You have to take your life in your hands and -- 13 like I did and run across the street and then you have 14 this beautiful water front right on the Ingram lake 15 there. 16 All owners of said property shall be 17 afforded access to the lake and may be used by them at 18 their discretion. At the end, the very last provision 19 in the restriction says these covenants and restrictions 20 shall run with the land and shall be binding upon 21 Ms. Eickenroht, her successors and assigns, and all 22 persons or parties claiming under her, including 23 Mr. Hawkins or his company. 24 It also provides that there can only be 25 changes made if two-thirds of the owners of the lots 119 1 vote to make a change. 2 And then finally, any owner in the 3 subdivision may enforce the restrictions against 4 Ms. Eickenroht, her successors or assigns. And so, 5 there are all kinds of issues that y'all can't wrestle 6 with here that might have to be resolved in a District 7 courtroom, but we're just dealing with the issue of the 8 replat. 9 Also significant to the replat is the -- the 10 next year Ms. Eickenroht went back and did an amendment. 11 Just like a one pager. And one of -- the pertinent 12 amendment for your consideration is, no residential lot 13 as shown on the plat shall be further divided or 14 altered. Except Lots 5, 22 and 23 -- none of those are 15 before you today -- may be further subdivided by 16 Ms. Eickenroht or by her expressed written consent, 17 because they were bigger, so they could be divided. 18 Two or more lots, however -- this makes 19 sense, may be combined for a single dwelling. So if you 20 went in and bought two lots, nobody's going to complain 21 that you're -- you're only putting one dwelling on 22 there. So that was the scheme. And it -- it wasn't one 23 of these super fancy ones. It was in 1974, good 24 old-fashioned deed restrictions. 25 Deed restrictions are, under the law, 120 1 established rights of The Ravine property owners. 2 There's a case Baywood Estates versus Caolo, if I'm 3 saying that right, the Court of Appeals held it's common 4 knowledge that parks and open spaces add to the 5 desirability and value of lots and are commonly found in 6 many residential subdivisions. That's what you've been 7 hearing about here. 8 Lots comprising a common area are subject to 9 the restrictive covenants created by the original 10 dedication and restrictions, as well as any amendments 11 to them. You heard that from Ms. Carr. She said that 12 she was quoting from -- the message from the attorney 13 and head of the title company who said yeah, you can buy 14 this, but you're buying it subject to the restrictions. 15 Just a little bit more. There was a case 16 called the Commissioners' Court of Grayson County versus 17 Albin. And there, they discussed exactly what this 18 phrase, "established rights of any owner of a part of 19 the subdivided land" means. Because that's what the -- 20 if it's going to interfere with the established rights 21 of any of these owners that you've heard from, then 22 you're duty bound to not grant the replat. 23 And there the Court said generally other 24 specific rights for a subdivision, such as what use may 25 be made of the property, and a limitation of the size of 121 1 all lots, and a limitation on the types of buildings are 2 established by restrictive covenants. These restrictive 3 covenants are sometimes filed along with the plat, 4 either on a separate document, or on the plat itself. 5 Or the restrictive covenants can be on the deed 6 conveying the property in the subdivision. 7 Well here, you didn't have to go searching 8 for it. There was a separate document, ten or so pages 9 long, containing all the restrictions that are available 10 to anyone interested in buying a piece of property in 11 this quaint little subdivision. 12 Such restrictive covenants can set out with 13 specificity the plan of development and the rights of 14 the purchasers in relation to all the other lots in the 15 subdivision. 16 One thing that's a little different and it's 17 kind of partly in the funky character of just the 18 history of this neat little place, is that there is no 19 HOA. So the typical thing is you get some sophisticated 20 developer comes in, they -- they establish all of this 21 stuff. They maintain control over it until they sold a 22 certain number of the lots, and then they -- if there's 23 common areas, they deed that over to the HOA. 24 Well, there's no requirement in the law that 25 there be an HOA or that there be a deeding over to an 122 1 HOA. If you just think about it, the granddaddy of all 2 the deed restriction cases in Texas is out of El Paso 3 from 1914. And there weren't any HOA's around in 1914. 4 And that case has been recognized by the Texas Supreme 5 Court. It's kind of the -- the original authority on 6 this subject. 7 In that case, with the Commissioners' Court 8 of Grayson County, the homeowners lost. And the reason 9 why they lost was there were no deed restrictions. 10 None. And that's what they were pointing out is you can 11 have deed restrictions. All there was was a plat, and 12 the plat had four very large properties. Like 20 acres 13 each. And the developers sold three of those lots, and 14 here these people were out there in clover saying hey, 15 I've got a -- this beautiful place here, all these 20 16 acre lots, and then he came along years later and said 17 he was going to turn the fourth one into 18 lots. And 18 of course they were unhappy. 19 Well, the Court couldn't do anything for 20 them because there was nothing other than -- than some 21 lot lines on a plat and it didn't say that they couldn't 22 be changed, that it couldn't be further subdivided. So 23 they were -- they were left out in the cold in a very 24 sympathetic case. 25 The -- of course, what we have here as we've 123 1 gone over quite a bit is that there are restrictions in 2 The Ravine. I'd love to just point out to you some 3 language from -- from a great case that deals with these 4 exact subjects, and that's -- I think I've given it to 5 the County Attorney. But that's this -- well, it's the 6 same -- no, it's Harris County Flood Control versus 7 Glenbrook Patiohome Owners. 8 And in there this is -- is just like right 9 on the money. The actual legal ownership -- the actual 10 legal ownership of the common areas is irrelevant. The 11 primary issue is whether the developer retained the 12 right to unilaterally amend the plat or create and 13 burden the common areas for the benefit of the different 14 party. 15 This was an interesting case where a 16 developer built a development, he sold all the lots, I 17 think there might have even been an HOA there, and then 18 he said hey, I'm going to build another development next 19 door. And he tried to impose an easement over to his 20 new development, and they said look, you cannot do that. 21 This is common area dedicated to the use of the folks 22 that bought within this subdivision. You can't come 23 back later and -- and what's being done in this case 24 with Mr. Hawkins is pretty extreme. 25 It's clear that what his -- his goal -- I'm 124 1 not a mind reader, but from the outward actions, his 2 goal right now he's filling in The Ravine with rubble, 3 tearing down trees. It's if he gets this replat then 4 what he says is, well I can replat everything in there 5 and I can build houses on it. And next thing you know, 6 The Ravine is going to be -- downtown San Antonio is 7 really what it's going to be in terms of density and 8 loss of the character. 9 So that's why the -- the homeowners are 10 objecting to this. They have established rights. Even 11 if they had the -- even if Mr. Hawkins or Mr. Galloway 12 have the standing, which they don't, to ask for this it 13 is interfering with the established rights of all these 14 good folks that you've heard from. Thank you, Your 15 Honor. 16 JUDGE KELLY: Thank you, Mr. Jeffrey. 17 Okay. This is still a public meeting. Is 18 there anybody else wishing to be heard? 19 MR. JEFFREY: Your Honor, may I point out 20 one other thing? 21 JUDGE KELLY: Yes. 22 MR. JEFFREY: Just that we provided the 23 Commissioners with a notebook that shows The Ravine, it 24 shows the original plat. That's it right there, so -- 25 JUDGE KELLY: Okay. We'll take notice. 125 1 MR. GALLOWAY: Judge Kelly, could I just say 2 one more thing? 3 JUDGE KELLY: Mr. Galloway, go ahead. 4 MR. GALLOWAY: I know I'm -- in The Ravine 5 I'm the poster boy for the devil up there and that's 6 okay. I did what I did. My septic line, as opposed to 7 some of the others, were granted by this Commissioners' 8 Court to be where they are. And it's filed of record, 9 and I got the documents put back on record so that 10 anybody that wants to buy property will see that this is 11 part of the record. 12 I did it for one reason and one reason only. 13 I wanted to do something right and put my septic on my 14 property. And I thought I had that right. I'm the one 15 that filed for the replat. I spent the $3,500 worth of 16 survey fees to get all these things straightened out and 17 corrected. So I'm the guy that's on the short end of 18 the stick. I wasn't trying to do anything illegal. 19 If I had really wanted to be a jerk about 20 this, I could have taken it under the ten-year adverse 21 possession statute because I've been cleaning it, 22 maintaining it and planting trees in there for the past 23 about 20 years. So you know, I'm -- I'm just happy to 24 go along with whatever y'all decide. But my intentions 25 were honorable. My intentions were -- were not to 126 1 disengage or take anything from any of the existing 2 homeowners. I was just trying to do a simple thing of 3 putting my own septic on my own land. Because I know if 4 I go to sell it, it's going to be a civil issue. 5 MR. JEFFREY: Your Honor, that's a new 6 issue. May I just respond to that? 7 JUDGE KELLY: Yes, sir. 8 MR. JEFFREY: He could perhaps have made his 9 claim of adverse possession. His claim, just like a 10 claim under a deed, Mr. Hawkins' deed or whoever 11 actually owns the common areas, he would have taken it 12 subject to the deed restrictions. 13 JUDGE KELLY: I understand. 14 Okay. Everyone has appeared publicly and 15 made their appearance. Okay. Then the public meeting 16 will be adjourned. 17 Now we can move on to the next agenda item, 18 which is item 1.15 consider, discuss and take 19 appropriate action for the Court to approve a Revision 20 of Plat for The Ravine, Lot 21 and a portion of the 21 Common Area. Mr. Hastings. 22 MR. HASTINGS: Thank you. Owner Bruce 23 Galloway, Lot 21, and Daniel Hawkins, the Common Area, 24 have a Revision of Plat before you. Lot 21 of 25 The Ravine is currently less than one acre. This 127 1 proposal enlarges Lot 21 by adding a portion of the 2 Common Area. Access is from Eickenroht Road. 3 I don't want to belabor anything that's 4 already been said, but I would like to get it in the 5 record. Part of the exhibit in this agenda bill, 6 Exhibit A, has six pages. There's a letter from Mr. 7 Galloway. There is a license to operate an on-site 8 sewage facility on Page 2 of that Exhibit A. 9 Page 3 is a letter from the former owner of 10 the common area, Katherine Ainslie. Let's see what it's 11 dated. I'm not seeing a date on here. But it's 1993 it 12 looks like. And it says it's okay for you to have your 13 septic system on my -- on the Common Area. It did go to 14 Commissioners' Court. I don't have a copy of a court 15 order in here or the minutes, but read through them. 16 The Court said it's okay with us if it's okay with the 17 owner of the Common Area. 18 There's a well plugging report in here on 19 Page 4 because apparently there was a well that was too 20 close to the septic system. It needed to be plugged. 21 And Exhibit A, Page 5 is a hand-drawing of the home, the 22 lot and where they think that the encroachment is of the 23 septic system. 24 And then Page 6 is a survey that shows 25 Lot 21, the proposed expansion of Lot 21, and where they 128 1 believe the drain field is for that septic that is 2 currently in the Common Area. The letter, again, that 3 he had was from a previous owner who said it's okay. He 4 didn't get an easement at that time that runs with the 5 land, that's why he's here today. 6 There's a new owner in town. And that new 7 owner maybe doesn't want that septic crossing the line. 8 And I think Mr. Galloway would like to have something on 9 record so that when this lot goes to sell one day, it 10 doesn't pop up as a problem. 11 Exhibit B is straight out of our subdivision 12 regulations. I know that it has been read to you 13 already. 6.04, the Revision of Plat of existing 14 recorded subdivision states: A person who has 15 subdivided land that is subject to the subdivision rules 16 and regulations of Kerr County may apply in writing to 17 the Commissioners' Court for permission to revise the 18 subdivision plat filed for record with the County Clerk. 19 6.04.C states: During a regular term of the 20 Commissioners' Court -- we can't do it in a special 21 session so we're doing it today -- the Court shall adopt 22 and order to permit the revision of the subdivision plat 23 if it is shown to the Court that number one, the 24 revision will not interfere with the established rights 25 of any owner of a part of the subdivided land, or each 129 1 owner whose rights may be interfered with has agreed to 2 the revision. 3 With that being stated, the County Engineer 4 requests the Court consider, discuss and take 5 appropriate action for a Revision of Plat for 6 The Ravine, Lot 21 and a portion of the Common Area, 7 Volume 4, Page 16, Precinct 4. It's in your hands. 8 COMMISSIONER MOSER: So in summary, the 9 Common Area is a lot. It's lot whatever the number is. 10 And that's owned by who? 11 MR. HASTINGS: Daniel Hawkins owns it. 12 COMMISSIONER MOSER: Okay. 13 MR. HASTINGS: Yes, sir. 14 COMMISSIONER MOSER: Mr. Hawkins. Okay. 15 There's no homeowners association, but there are 16 restrictions and covenants that the attorney spoke to. 17 So what -- what takes precedence over all of these 18 concerns? And I'll ask the County Attorney that because 19 I've been going to ask her that a long time ago. Who 20 takes precedence? 21 Does the County have the authority to replat 22 something -- if it was a homeowners association, it's 23 clear. We probably don't have that authority to revise 24 something that the homeowners' association has in 25 documentation. But in this case, that's not the case. 130 1 Okay. 2 MRS. STEBBINS: In this case, I think it's 3 also clear because of the deed restrictions that you 4 have in 1974 and 1975, which are provided here I think 5 in a couple of different ways that have been given to 6 y'all in the past, that establishes a clear right of all 7 of the property owners within The Ravine. 8 And so I think that the Court doesn't have 9 the authority to approve this Revision of Plat because 10 of our own regulations and that follow State Law that 11 the revision would necessarily interfere with the 12 established rights of the rest of the owners within The 13 Ravine, within that subdivision, and you guys have not 14 gotten a clear agreement from the rest of the property 15 owners within the subdivision. So I think that it -- it 16 provides y'all with guidance that you're unable to 17 approve the revision. 18 COMMISSIONER MOSER: Okay. The owner of the 19 Common Area is just another lot in the subdivision, 20 correct? 21 MRS. STEBBINS: The owner -- 22 JUDGE KELLY: No. 23 MRS. STEBBINS: -- of the Common Area, I 24 believe, is an entity, not an individual. If I'm not 25 mistaken. 131 1 COMMISSIONER MOSER: Well, it shows on -- 2 from Wellborn Engineering it shows Lot 24, which is 3 called the Common Area. 4 MR. HASTINGS: Well, Lot 21 is Mr. Galloway 5 and then the area on the original plat, which my 6 understanding it has not ever been replatted, has no 7 label for the Common Area. It doesn't say Common Area 8 and it doesn't say Lot 24. What you're looking at is 9 proposed. That's proposed. If you approve it that will 10 become Lot 24. And the only reason it's getting a lot 11 designation is that our regulations require it. 12 COMMISSIONER HARRIS: This is a very unique 13 situation. We don't find many situations like 14 The Ravine. And I do agree with the County Attorney 15 that approving this plat would infringe on the other 16 property owners for what they have there at The Ravine, 17 so I can't support it. 18 COMMISSIONER LETZ: I think a couple of 19 points. One -- and I agree with that. First of all, it 20 would impact the other property owners in our -- I mean 21 the way I've always looked at these in the past, if just 22 one person objects -- we won't go forward on a Revision 23 of Plat if someone's -- because it does impact the -- 24 the rights of the other lot owners. 25 The other thing I just want to mention, I 132 1 just want to clarify something that I think Mr. Hawkins 2 said, adding additional lots. This Court, unless we 3 change our rules, would not allow any additional lots in 4 the subdivision because it's only 12 acres and you've 5 already got 20 lots on there. 6 MR. HAWKINS: I understand that. 7 COMMISSIONER LETZ: So there would be -- you 8 know, we couldn't -- 9 MR. HAWKINS: Sure. 10 COMMISSIONER LETZ: -- ever, you know, allow 11 additional lots to be put in the subdivision. I also 12 don't think because of the deed restrictions we have 13 authority to do anything to change the lot line. But I 14 do think there's a problem with the septic tanks. 15 There's three lots there. And I think that the -- you 16 know, the owners of the subdivision need to get together 17 and figure out how to make an adjustment, which I think 18 what -- I think what Mr. Galloway's requesting is 19 reasonable. And I think it sounds like Lot 5 -- 5, 10, 20 one of them, also has a problem. And I'd recommend 21 y'all try to get together. But this Court can't do it I 22 don't think. 23 MR. HAWKINS: And I appreciate that. My big 24 issue -- my biggest issue is the question of liability. 25 If somebody breaks their neck out there on the boat ramp 133 1 or boat dock, whatever, they're not going to sue any of 2 the property owners, they're going to sue the one that 3 owns that. And so I carry -- I can't remember, it's 4 either a three or four million dollar liability 5 insurance that I have to carry the burden for, plus 6 the -- the taxes aren't much. 7 But the -- the septic issue and the water 8 issues are major issue -- concerns of mine because that 9 water line, like I said, runs this far away from my -- 10 this far away from my lateral lines. And I -- I -- I 11 don't want to be in the water business. They pay a 12 whopping $17 a month, that was established in 1974 for 13 water, and they -- I mean and they use it. And it -- 14 it -- I lose money every month. It's not much. But I 15 want out of the water business and I want to get rid of 16 this liability. 17 I mean, I'd even -- I'd really consider 18 donating that 300 foot of lake lot to the County. They 19 can open it up for the public. I -- I don't want the -- 20 I don't want the burden of the liability anymore. 21 COMMISSIONER LETZ: I agree that there's a 22 lot of issues. But they're civil issues that we don't 23 have jurisdiction over. 24 MR. HAWKINS: Yes, sir. 25 COMMISSIONER HARRIS: Exactly. 134 1 COMMISSIONER LETZ: But I mean, I think 2 there's -- I think things need to be worked out and it 3 would be a whole lot easier to work them out not in the 4 courthouse through a lawsuit, but we don't have the 5 authority to do that. We have to follow -- our 6 subdivision rules are basically straight out of State 7 Law and we don't have authority to make a revision. 8 MR. HAWKINS: Okay. And now, the three 9 major lots that have the septic issue, they -- I mean, 10 they're -- you know, they can't sell it to anybody 11 because of the septic issue. And that's -- 12 COMMISSIONER MOSER: Right. 13 COMMISSIONER LETZ: And that's a civil issue 14 the way it was done -- 15 MR. HAWKINS: Yes, sir. 16 COMMISSIONER LETZ: -- and it needs to be 17 resolved, but we can't do it. 18 MR. HAWKINS: Okay. 19 MR. JEFFERY: I believe lots have been 20 bought and sold in there with those same septic issues. 21 COMMISSIONER HARRIS: Sure. They have. 22 COMMISSIONER BELEW: Because those would 23 convey. If there's permission for the septic as it 24 stands now for this current lot in question, if it 25 conveyed once, it'll do it again. And with any of the 135 1 other properties. So that shouldn't be a problem. The 2 established rights seem to be well in place. 3 My question is how do you sell a Common 4 Area? If it's a true Common Area, how did it get bought 5 and sold? And towards what end? 6 COMMISSIONER MOSER: Well, but the -- the 7 agenda item is -- 8 COMMISSIONER BELEW: You're not going to be 9 able to live on it. 10 COMMISSIONER MOSER: -- the agenda item is 11 replatting. Let's don't go to all the other stuff. 12 COMMISSIONER BELEW: Well -- 13 COMMISSIONER MOSER: We've heard enough of 14 that -- 15 COMMISSIONER BELEW: -- there's a hell of a 16 lot of other stuff brought up here today, Commissioner 17 Moser. 18 COMMISSIONER MOSER: But that's not the -- 19 COMMISSIONER BELEW: I'm not the one 20 bringing it up. 21 COMMISSIONER MOSER: Well, I didn't -- 22 COMMISSIONER BELEW: I didn't establish that 23 as part of the discussion here; I'm just saying a 24 question in my mind is how do you sell something that's 25 supposed to belong to everybody? 136 1 MR. HAWKINS: And that's the thing. If 2 Ms. Eickenroht wanted that truly Common Area, she would 3 have gave everybody a -- 4 COMMISSIONER MOSER: Right. Undivided 5 interest. 6 MR. HAWKINS: Yes, sir. 7 COMMISSIONER MOSER: Right. 8 MR. HAWKINS: And she didn't do that. She 9 had an attorney. She was a smart lady. 10 JUDGE KELLY: No, sir. That's not correct. 11 You heard the Supreme Court say it is irrelevant who is 12 the owner of that common property. It's irrelevant. 13 MR. HAWKINS: Okay. 14 JUDGE KELLY: This whole -- I've been a 15 47-year practicing attorney and I have tried lawsuits 16 enforcing restrictive covenants backwards and forwards. 17 You need a lawyer. 18 MR. HAWKINS: Yes, sir. 19 JUDGE KELLY: Trust me. You need a lawyer. 20 MR. HAWKINS: All right. 21 JUDGE KELLY: This is a legal question. Our 22 County Attorney has spoken. We have listened to the 23 other lawyers speak. You bring a lawyer and this needs 24 to be in a civil courtroom; not in Commissioners' Court. 25 MR. HAWKINS: Right. 137 1 JUDGE KELLY: I am absolutely opposed to any 2 approval of any plat like this. 3 COMMISSIONER MOSER: That's -- 4 JUDGE KELLY: It has to be subject to those 5 restrictive covenants. 6 COMMISSIONER MOSER: It's not in our 7 jurisdiction. 8 JUDGE KELLY: Yes, sir? 9 MR. GALLOWAY: But can I still assume that 10 the 1994 Commissioners' Court ruling allowing me to have 11 my septic into the Common Area is still valid? 12 JUDGE KELLY: Talk to your lawyer. 13 MR. GALLOWAY: Well, I think it is. 14 JUDGE KELLY: Go talk to your lawyer. This 15 is going to be resolved in a court of law; not in 16 Commissioners' Court. 17 COMMISSIONER LETZ: It's a civil issue. 18 COMMISSIONER HARRIS: Does the County 19 Attorney have something to say? 20 MRS. STEBBINS: I don't -- I don't know that 21 our OSSF Department would go out there and -- Ashley is 22 here and she may speak to that, but I don't know that 23 she's gone out there to issue him a notice of violation 24 for the septic that was approved by the Court. So I 25 think that can give him some comfort. 138 1 COMMISSIONER MOSER: Not the agenda item. 2 MRS. STEBBINS: That was the answer to the 3 question. 4 MR. GALLOWAY: Thank you, ma'am. 5 COMMISSIONER MOSER: Look, the only reason I 6 keep saying that, we're going to go on and on and on 7 about all these civil issues. And that's not the agenda 8 item. The agenda item is replatting. 9 COMMISSIONER LETZ: Okay. 10 COMMISSIONER MOSER: I think we spent enough 11 time. I mean I understand everybody's feelings on both 12 sides, but I think Jonathan Letz summarized it very 13 nicely, so -- 14 JUDGE KELLY: Is there a motion to approve 15 the plat as requested? There being no motion, it fails. 16 Let's move on to the next agenda item, which 17 would be 1.16 consider, discuss and take appropriate 18 action for the Court to set a public hearing for 10 a.m. 19 on May 24 for a Revision of Plat for Elm Pass Ranch No. 20 2, Lots 61, 62, 65, 66, 74, and 75. Precinct 2. 21 Charlie Hastings. 22 MR. HASTINGS: The owner is Michael Mayor. 23 Proposed total acres is 79. This proposal combines and 24 revises six lots totaling 79.18 acres into two lots. 25 Lot 65R will be 10.34 acres and have frontage on State 139 1 Mountain Road. Lot 61R will be 68.84 acres and have 2 frontage on State Mountain Road and Elm Pass 2 Road. 3 Portions of State Mountain Road and Francis Drive were 4 abandoned, vacated and discontinued in 2016 by Court 5 Order No. 35710. 6 The County Engineer requests the Court set a 7 public hearing for 10 a.m. on May 24th, 2021 for a 8 Revision of Plat for the Elm Pass Ranch No. 2, Lots 61, 9 62, 65, 66, 74 and 75, Volume 3, Page 100, Precinct 2. 10 COMMISSIONER MOSER: Move for approval. 11 COMMISSIONER BELEW: Second. 12 JUDGE KELLY: Motion's been made by 13 Commissioner Moser, seconded by Commissioner Belew to 14 approve the Revision of Plat to Elm Pass Ranch No. 2, 15 Lots 61, 62, 65, 66, 74 and 75. Is there any 16 discussion? Those in favor raise your hand. Unanimous, 17 five zero. 18 Item 1.17 consider, discuss and take 19 appropriate action for the Court to set a public hearing 20 for 10 a.m. on May 24th, 2021 for a Revision of Plat for 21 Treasure Hills Ranch, Tracts 17A, 17B, and 18B. 22 Precinct 1. Mr. Hastings. 23 MR. HASTINGS: The owner/developers are 24 Margaret and James Salas. Proposed total acres 21.2, 25 proposed number of lots, two. This proposal revises 140 1 three tracts into two tracts. Tract 17A of 7.4 acres, 2 Tract 17B of 7.3 acres, and Tract 18B of 6.4 acres, will 3 be revised into Tract 17R, 8.53 acres, and 18R, 12.67 4 acres. Access to both tracts will remain on Treasure 5 Hills Road. 6 The County Engineer requests the Court to 7 set a public hearing for 10 a.m. on May 24th, 2021 for a 8 Revision of Plat for Treasure Hills Ranch, Tracts 17A, 9 17B, and 18B, Volume 5, Page 397, Precinct 1. 10 COMMISSIONER BELEW: Move for approval. 11 COMMISSIONER MOSER: Second. 12 JUDGE KELLY: Motion's been made by 13 Commissioner Belew, seconded by Commissioner Moser to 14 approve a public hearing for the Revision of Plat for 15 Treasure Hills Ranch, Tract 17A, 17B, and 18B. 16 COMMISSIONER MOSER: Judge, can we take five 17 minutes? 18 JUDGE KELLY: Sure, let's go take a vote on 19 that. 20 COMMISSIONER MOSER: Oh, I'm sorry. 21 JUDGE KELLY: Those in favor raise your 22 hand. Unanimous, five zero. The Court will take a five 23 minute break. 24 (Recess.) 25 JUDGE KELLY: Let's go to 1.18 on the 141 1 agenda. Consider, discuss and take appropriate action 2 for the Court to provide input on a concept plan for a 3 proposed 1,040 acre gated residential subdivision on 4 RM 480, to be known as Verde Creek Ranch. Mr. Hastings. 5 MR. HASTINGS: Thank you. The owners are 6 Southerland Communities. The proposed total acres in 7 the subdivision, 1,040. Proposed number of lots, 179. 8 They could have as many as 208 if they choose to, to 9 meet our regulations, but they're going with a little 10 bit larger lots in some places. 11 They will be on private wells and septic 12 systems. There is some floodplain out there. And it's 13 a proposed gated subdivision. So these will be private 14 roads. This concept plan proposes subdividing 1,040 15 acres into 179 lots with lots ranging in size from 5.01 16 to 10.3 acres. 17 This would be a gated subdivision with 18 private roads, privately maintained. Primary access 19 would be via a bridge over Verde Creek adjacent to Ranch 20 to Market 480. Secondary, emergency access would be 21 from an existing low water crossing located upstream 22 from the proposed bridge. 23 Although not shown, discussions have 24 included a third point of access in the northern portion 25 of the proposed subdivision, also for times of emergency 142 1 when both creek crossings are unavailable. 2 The developer is here to answer any of your 3 questions. His engineer is also here. They're standing 4 to my right and behind me. And the purpose of this for 5 our subdivision regulations is that if the Commissioner 6 of the Precinct wishes to bring, or if the County 7 Engineer, either one of us, wishes to bring this before 8 the Court to gather your comments or input, then we do 9 so. And both the Commissioner and myself wanted to 10 bring this before the Court and see what your thoughts 11 were and gather any of your comments, your concerns, and 12 your input. This is a rather large subdivision. 13 COMMISSIONER MOSER: Okay. Thank you for 14 coming. Let me talk to the developers. 15 MR. MULLINS: Yes, sir. Dan Mullins with 16 Southerland Communities, 110 River Crossing, Spring 17 Branch. 18 COMMISSIONER MOSER: Dan, we met with you 19 and Charlie and discussed this, and I think Commissioner 20 Letz was there also. Let's see. And this is to Charlie 21 and/or Commissioner Letz. A second entrance is not 22 required but desirable, is that -- 23 MR. HASTINGS: Yes, sir. 24 COMMISSIONER MOSER: That's correct. Okay. 25 And we talked about the possibility of another entrance 143 1 in case of emergency on the northern part of this. Can 2 you add anything to that? 3 MR. MULLINS: I've talked to -- I've not 4 talked to the two there in the northern part. I've 5 talked to the one to the west -- or the one to the west, 6 I've talked to one of their representatives. And then 7 directly to the east there's another one. And we've 8 talked, but there's nothing that's been worked out. 9 COMMISSIONER MOSER: Okay. So it's a 10 potential but not -- not to be -- 11 MR. MULLINS: Yes, sir. 12 COMMISSIONER MOSER: -- committed to in 13 here. And also you mentioned the fact of water 14 availability. What you discussed -- tell us what your 15 plans are there. 16 MR. MULLINS: Yes, sir. We're doing the 17 water availability study. As we understand, it's not 18 something that we have to do, but it's something that we 19 want to do. We, Southerland Communities, has been in 20 business for almost 40 years in the Texas Hill Country 21 and you don't stay in business that long if you're 22 selling people lots that don't have water under them, so 23 we're doing a -- we're doing a water availability study. 24 We're working with Gene Williams at the Groundwater 25 District to -- we've set where the wells are. They're 144 1 okay with the spacing and we've started drilling wells. 2 COMMISSIONER MOSER: So the study is going 3 to be more than just a study; it's going to be actual 4 drilling the well and measuring data -- 5 MR. MULLINS: Yes, sir. Drilling -- 6 COMMISSIONER MOSER: -- taking data? 7 MR. MULLINS: -- drilling a well, testing to 8 see -- 9 COMMISSIONER MOSER: Right. Right. So it's 10 that type of data establishment. 11 MR. MULLINS: Yes, sir. 12 COMMISSIONER MOSER: Okay. The concept 13 looks good. Are we here today for concept approval? 14 MR. HASTINGS: No, sir. We're here for 15 input from the Court itself. So if you have no input, 16 that's great. If you do, now's the time to state what 17 your concerns are. And again as -- as he stated, from 18 our Subdivision Regulations because the lot sizes are 19 greater than five acres, he does not have to do a water 20 availability study. 21 COMMISSIONER MOSER: I understand. 22 MR. HASTINGS: He wants to do one. 23 COMMISSIONER MOSER: So what approval is 24 needed from the Court? Nothing? 25 MR. HASTINGS: It's not for approval; it's 145 1 for input. 2 COMMISSIONER MOSER: Okay. That's -- that's 3 what I wanted to be on the record for. You can proceed 4 with this because it meets all the restrictions and so 5 forth. 6 MR. HASTINGS: Yes. 7 COMMISSIONER MOSER: So you don't need an 8 approval from the Court. 9 MR. HASTINGS: It should also be stated this 10 subdivision as proposed is textbook. It's textbook. 11 COMMISSIONER MOSER: Yeah. I'm just saying 12 that there's no action required from the Court. It's -- 13 MR. HASTINGS: There's no action required. 14 COMMISSIONER MOSER: -- just for comments. 15 MR. HASTINGS: Yes, sir. 16 COMMISSIONER MOSER: My comments are all 17 very, very positive. Okay. Looks great. 18 COMMISSIONER HARRIS: About how far is it 19 from 173, Highway 173? 20 MR. MULLINS: About a -- probably a mile and 21 a half. 22 MR. HASTINGS: A mile and a half. 23 MR. MULLINS: A mile and a half. 24 COMMISSIONER HARRIS: Okay. Just trying to 25 get a reference. 146 1 COMMISSIONER LETZ: The only question I have 2 is it unit one and unit two. And it looks like unit one 3 crosses the road, so is the plan to be to build all the 4 roads up front or -- and if -- if not, it seems like a 5 cul-de-sac would be needed at the end of that road at 6 the completion of Phase One -- or during phase -- unit 7 one. 8 MR. MULLINS: We could -- I see his point. 9 Would it be okay if we did some type of a temporary 10 turnaround easement there? Like a temporary -- with 11 actually building a -- 12 MR. HASTINGS: Yes. 13 COMMISSIONER LETZ: I mean, the County 14 Engineer has the authority to do that. But if something 15 needs to be done there, if it needs to be done -- 16 constructed in different phases. 17 MR. MULLINS: Okay. 18 COMMISSIONER MOSER: Dan, what are your 19 schedules and plans on this? 20 MR. MULLINS: We're drilling wells now for 21 water availability study. And the plan is to move 22 forward as quickly as we can. We're going to send in 23 a -- I believe the next step is the preliminary plat, 24 and then the final plat for y'all. So that's the plan. 25 COMMISSIONER MOSER: Okay. When do you -- 147 1 when do you anticipate the -- that engineering work to 2 be done? Not to hold you to it, just curious. 3 MR. MULLINS: Ken, how quickly can you get 4 it done? 5 MR. KOLACNY: Well, the next step is a 6 preliminary plat which, you know, if we could get 7 something in the next couple weeks. 8 COMMISSIONER MOSER: Oh, is that right? 9 MR. KOLACNY: I don't know if it'll be in 10 time for the next court but maybe the one after that. 11 COMMISSIONER MOSER: Okay. 12 COMMISSIONER LETZ: Ken, you might mention 13 your name for the record. 14 MR. KOLACNY: Ken Kolacny with Matkin-Hoover 15 Engineering. 16 COURT REPORTER: Spell your last name, 17 please. 18 MR. KOLACNY: K-O-L-A-C-N-Y. 19 COURT REPORTER: Thank you. 20 MR. KOLACNY: Just like it sounds. 21 COMMISSIONER BELEW: As you guys are 22 drilling the wells, has Headwaters got anything to do 23 with it or -- 24 MR. MULLINS: We're -- 25 COMMISSIONER BELEW: How -- are you working 148 1 together? 2 MR. MULLINS: We should -- they were at the 3 meeting and they -- we sent them where we're drilling 4 the wells. They've also asked us for a site out there 5 for a monitor well, which -- 6 COMMISSIONER BELEW: Okay. Good. 7 MR. MULLINS: -- we're agreeable to -- to 8 give to them. 9 COMMISSIONER BELEW: So there will be a 10 monitoring well? 11 MR. MULLINS: Yes, sir. 12 COMMISSIONER BELEW: Okay. Good. 13 COMMISSIONER MOSER: Good point. Okay. 14 MR. MULLINS: Yes. The groundwater 15 availability study is being done by Wet Rock Groundwater 16 Services, and they're fantastic people. 17 MR. HASTINGS: Where are they out of? 18 MR. MULLINS: They're out of Austin. 19 MR. HASTINGS: Austin. 20 COMMISSIONER MOSER: When would you 21 anticipate everything going -- the plat approval and all 22 that kind of stuff, when would you anticipate starting 23 development? 24 MR. MULLINS: We'd start -- with plat 25 approval, we would post a bond, get -- record the plat, 149 1 and it would start development will be beginning. 2 COMMISSIONER MOSER: Okay. 3 MR. HASTINGS: This fall maybe? 4 MR. MULLINS: If we can get -- I'd like to 5 be going this fall. 6 MR. HASTINGS: Maybe this fall. 7 COMMISSIONER MOSER: Okay. Very good. 8 Thank you, guys. 9 MR. MULLINS: Thank you. Thanks for your 10 time. 11 JUDGE KELLY: Very good. Let's move on to 12 agenda item 1.19 consider, discuss and take appropriate 13 action for the Court to receive and review the 14 Wastewater Capacity Model prepared by Tetra Tech for the 15 East Kerr County/Center Point Wastewater Collection 16 Project and to consider policy for future connection of 17 new development to the system. Mr. Burger. 18 MR. BURGER: Thank you. Commissioners, 19 Judge, thanks for having me today. What you've got in 20 your packet is a breakdown of the capacity of the East 21 Kerr/Center Point Wastewater Collection Project. And 22 there are several maps included there that each map has 23 a table on it with a reference to particular locations 24 within that collection system, and provides the capacity 25 at that location. 150 1 So the capacity of the total system is about 2 1330 what we call Living Unit Equivalents. A Living 3 Unit Equivalent is approximately equal to the amount of 4 sewage produced by one single family residential home. 5 And so we use -- Living Unit Equivalents are the same 6 thing as Equivalent Dwelling Units as well, so those 7 would be the same -- same, just two different terms that 8 mean the same thing. 9 So those Equivalent Dwelling Units basically 10 can give us an estimate of the number of services that 11 could be applied to that, and assuming that they're 12 equivalent to a single family residential service. It 13 also gives us a means to equate other types of 14 development to residential development. 15 So sometimes commercial or industrial 16 development would have other flows that would be higher 17 or lower than a single family residence, so we would 18 refer to that in terms of LUE's. That's why we use 19 those units. 20 The capacities given there show that we're 21 currently have planned about 747 LUE's to be fully 22 connected under the project. At this time that's what 23 we have on the books. That number could go up or down 24 as the project is completed. And that leaves us with 25 about 583 additional LUE's of capacity in the backbone 151 1 of the system. 2 And so the backbone of the system is 3 basically the sewer line that runs down State Highway 27 4 and to a Lift Station at the corner of the highway and 5 Schladoer Lane, and that lift station then pumps the 6 wastewater to Comfort, where it flows to the Comfort 7 treatment plant to be treated. And so there's a little 8 more capacity in one of the lines in Comfort that has 9 actually very little of local -- there's very few lots 10 in the area in Comfort using that line that we flow to. 11 So that's an advantage for -- for the project. 12 But that's -- so for future expansion of or 13 additional connections for new development, things like 14 that to the project, this map can give you some idea of 15 what kind of capacity is available in different 16 locations around the community there. The system was 17 not designed specifically for new development because 18 the Water Development Board would not fund capacity for 19 new development, so the capacity that we have is based 20 upon population growth and that sort of thing. 21 So that's -- so that's how -- you know, we 22 seem to have some -- a lot more extra capacity in one 23 place than we do in another, but that's why. It has to 24 do with how the system was designed and with the size of 25 the pipes that were chosen and that sort of thing. 152 1 So minimum size pipe is a six-inch. And if 2 we only have four houses on a six-inch, we've got a lot 3 of excess capacity in that one versus one where we have 4 50 houses, so -- 5 COMMISSIONER MOSER: So Don, the 700 plus 6 LUE's that you spoke to, that's Phase One, Phase Two, 7 and Phase Three? 8 MR. BURGER: Yes. 9 COMMISSIONER MOSER: Total. Judge, you had 10 asked -- I remember having a discussion before of 11 looking at capacity at the treatment facility, at 12 various lines, and all throughout the entire system. So 13 what this model does is -- it's very, very good, I 14 think. It looks at every point in there so 15 understanding what the -- what's been obligated, okay, 16 in the plans, and also what the capacity is, whether a 17 pump, a line or whatever, then if the additional 18 capacity is to be -- or requirements are being increased 19 on the system. So it's all in terms of LUE's at each 20 one of these discreet points. 21 COMMISSIONER BELEW: What's the LUE, Tom? 22 COMMISSIONER MOSER: That's -- 23 MR. BURGER: It's the Living Unit Equivalent 24 is what it stands for. And it's the flow -- wastewater 25 flow equivalent to an average single family residential 153 1 unit. 2 COMMISSIONER BELEW: Okay. So that's -- 3 that's a -- a guesstimate type thing or what? 4 MR. BURGER: Yes and no. It is -- there is 5 a range of values that can be used for that number. The 6 TCEQ does have some standards regarding what can be used 7 for calculating that flow. 8 COMMISSIONER BELEW: So ultimately if it was 9 divided use of residential and commercial, it still 10 comes out to a value? 11 MR. BURGER: Right. It still comes out to a 12 value. And so if we have a commercial development that 13 produces a certain flow, then we would equate that flow 14 rate to LUE's. And if it was twice what the average 15 residential flow was, we would say it was two LUE's, for 16 example. Even though it's just a single connection. 17 COMMISSIONER LETZ: Let me -- to help 18 clarify that, this is a -- an overview guide. The 19 actual decision would be by WCID. They know the actual 20 flow at every Lift Station -- I believe they have a Lift 21 Station flow -- and then internally at their sewer 22 plant. So this says -- this number may say 747, we can 23 add certain numbers on the spot. They will come up and 24 say yes, that's accurate, no, it isn't accurate, based 25 on the actual flow coming through the system. 154 1 COMMISSIONER MOSER: Correct. 2 COMMISSIONER LETZ: And they monitor that 3 daily. 4 COMMISSIONER MOSER: And the system's 5 designed, just not to get too much in the weeds, has a 6 factor of four on top of it, okay, to accommodate if 7 stormwater were to get into the system, all the pumps 8 and the lines and things can take it to that. 9 MR. BURGER: Right. The -- you know, for 10 design of the system. Since this is a brand new system, 11 it's in a brand new area, the design is based upon some 12 averages that we see over many systems. But every 13 system is a little bit different. And so after the 14 system has been built out and developed, we'll actually 15 be able to figure out what is the actual flow per LUE in 16 the system. But until we have that data to collect, we 17 won't really know so we're having to use -- and that 18 could change this capacity model. It would actually 19 calibrate it to actual flow data. 20 COMMISSIONER BELEW: Does the oversight 21 group, WDIC, do they -- CID, do they -- do you have -- 22 do they permit it so you can continue to add growth 23 or -- 24 COMMISSIONER LETZ: They -- they have -- 25 COMMISSIONER BELEW: -- or -- they review 155 1 that, right? 2 COMMISSIONER LETZ: They do two things and 3 we kind of addressed one of those this morning. 4 COMMISSIONER BELEW: Right. 5 COMMISSIONER LETZ: For a large -- like a 6 new development coming in, both the County and the WCID 7 have to approve it. And they're basically approving 8 capacity. They don't care -- their design -- 9 COMMISSIONER BELEW: Yeah. But at some 10 point you're going to reach where you're a little tight, 11 so they're going to always approve that. 12 COMMISSIONER LETZ: Yeah, they have to 13 approve that. And if there's -- and you know, at some 14 point there will be -- no more people can connect to it, 15 you know, exponentially. Or -- or WCID marks are 16 expanded. A lot of these choke points, I'll call them 17 here, are Lift Stations. 18 COMMISSIONER BELEW: Right. 19 COMMISSIONER LETZ: A lot of those can have 20 increased pumps but if they want to come make some 21 adjustments, but that's up to the WCID. 22 MR. BURGER: Right. But currently the sewer 23 line, the main trunk of the project has that capacity of 24 1330 LUE's. But Lift Station A only has a capacity of 25 985 LUE's. So to get that full 1330, the pumps at Lift 156 1 Station A would have to be replaced with higher capacity 2 pumps. 3 COMMISSIONER MOSER: And the next agenda 4 item you're going to hear that. 5 MR. BURGER: That's a relatively -- 6 COMMISSIONER MOSER: Specifically. Yeah. 7 MR. BURGER: Yeah. That's a relatively -- 8 COMMISSIONER LETZ: And I think just in 9 general from talking with WCID, the water usage which 10 historically in the WCID, which mostly is in Kendall 11 County, but pretty similar, the historical water usage 12 is below the state average for a lot of these lots. And 13 that's just historical. 14 COMMISSIONER BELEW: That's just 'cuz we 15 have less water here. 16 COMMISSIONER LETZ: It could be and they're 17 real conservative. I don't know. 18 COMMISSIONER MOSER: But -- but I think Don 19 said it and the key thing is, this is a model. Okay. 20 It's -- it's analytical derived, you know -- 21 MR. BURGER: It gives us an idea. 22 COMMISSIONER MOSER: -- based on capacity. 23 MR. BURGER: It gives you some information 24 that -- that you can use then to evaluate if somebody 25 brings a new development before the Court and they want 157 1 to connect that development to the system, you have this 2 to kind of give you a guide as to what capacity might be 3 available or what improvements to the system might be 4 needed to address that. 5 COMMISSIONER MOSER: Correct. 6 MR. BURGER: Capacity shortfall, if there is 7 one. You know. And as more and more people come to the 8 Court and say hey, can I hook onto that system, you 9 know, you're going to get these questions and demands, 10 and that question is going to get asked a lot. What was 11 the capacity there? Does the system have capacity? So 12 that's why this model was prepared, was to give you that 13 guidance here. 14 And like I said, it could change in the 15 future. We might want to redo it after the system's 16 been in place for a few years, just to give you better 17 information perhaps, and the values could go up or down 18 depending upon what we -- what we find is actually 19 contributed. Depending on the people that -- how much 20 water they currently use. So -- but I worked in the -- 21 with the WCID in the past and I can verify that their 22 water consumption is well below the statewide average, 23 so -- 24 COMMISSIONER MOSER: Very good tool. That's 25 what -- it's just a tool. 158 1 MR. BURGER: Yes, sir. And it's a tool. 2 And you know to that end, I think it might be prudent 3 for the Commissioners at some point in time to discuss 4 or maybe we could have a workshop to talk about a 5 specific policy for reconnection that would provide the 6 Court with guidance on, you know, who -- who connects 7 and what requirements are for those that connect. 8 In addition to your subdivision regulations, 9 you might want to have some requirements that just help 10 specify who pays for what when they connect and who does 11 the design, who does the construction, and make sure 12 that there is some oversight on all of that to ensure 13 that the project itself is not compromised by new 14 connections being added to the project, so that the 15 goals of the project are not compromised. 16 COMMISSIONER MOSER: Good point. Okay. 17 Good job, Don, Charlie. 18 JUDGE KELLY: Then there's no action to be 19 taken on this item? 20 COMMISSIONER MOSER: No. 21 MR. BURGER: No, sir. 22 COMMISSIONER LETZ: Information. 23 COMMISSIONER MOSER: Just to receive it. 24 MR. BURGER: Uh-huh. 25 JUDGE KELLY: Anything else? 159 1 MR. HASTINGS: The item was listed -- and if 2 you wanted to establish a policy at this time, you 3 could. So if there's something -- if you're feeling 4 like you'd like to make a statement on a policy on how 5 you want to handle the future connections and coming -- 6 bringing back the model and coming to the Court and 7 saying this is how much it's taking, yea or nay, you 8 could do that now. 9 COMMISSIONER MOSER: Yeah. I think to do 10 that, to have a policy is good. Because I envision not 11 too long ago, like two or three competing things that 12 that would -- would saturate the system. How do we make 13 a decision on which one of the two or three? It would 14 be good to have a policy like that. I don't think we 15 can do that today. I think it's a lot of discussion 16 that goes into that but -- 17 MR. BURGER: I think you're right. 18 COMMISSIONER BELEW: And ultimately it's 19 going to be based on usage, right, regardless of what's 20 out there, so -- 21 COMMISSIONER MOSER: Yeah. Well, if it's 22 somebody -- the system is designed, if -- if it's 23 proposed to be expanded. I'm just hypothetically. Say 24 two different entities propose to expand, okay, and take 25 all of the capability of the system. Okay. So how 160 1 would the Court make a decision, along with WCID, which 2 of these two we would approve? So that -- that would be 3 the policy thing that doesn't exist. And I think it's 4 worth -- perhaps it's -- it may not ever get to that 5 point. We may have the system filled before we ever 6 have any competing things, so -- 7 COMMISSIONER LETZ: And I think, you know, 8 and it's -- I think a policy is good to have. And I 9 think the -- two things to remember. One, once we get 10 into that, WCID has to have a huge -- 11 COMMISSIONER MOSER: Correct. 12 COMMISSIONER LETZ: They end up owning the 13 system after -- once the debt's paid off. 14 MR. BURGER: Sure. 15 COMMISSIONER LETZ: And I can envision that 16 at some point, they may want to go in and, you know, 17 change out a Lift Station on their own or issue debt to 18 upgrade the whole line. I mean -- so it'll be an 19 economic decision, I think, for the WCID when they take 20 ownership. 21 COMMISSIONER BELEW: Because that's a taxing 22 entity. 23 COMMISSIONER LETZ: Yes. It's a taxing 24 entity. 25 COMMISSIONER BELEW: So ultimately, though, 161 1 they will -- they could put the kibosh on something 2 anyway. 3 COMMISSIONER LETZ: They can. I mean, 4 they -- they're ultimately the ones that have to process 5 and they own 100 percent of the facility in Comfort and 6 they're subject to TCEQ regulations. So they're the 7 ones that control the capacity ultimately. 8 COMMISSIONER MOSER: Right. 9 COMMISSIONER BELEW: So then it would make 10 sense in my mind to see if they have recommendations to 11 whatever our policy is and -- 12 COMMISSIONER LETZ: Right. 13 COMMISSIONER MOSER: Oh, yeah. They'd be 14 part of it. Yeah. 15 COMMISSIONER LETZ: Yeah. We meet with 16 them -- 17 COMMISSIONER BELEW: We'd just use what they 18 say. 19 COMMISSIONER LETZ: -- pretty regularly. 20 Charlie a lot more than I do. 21 COMMISSIONER BELEW: Do they -- you've 22 worked with them, Don, do they have -- 23 MR. BURGER: Yeah. They -- they do have 24 policies, yes, for their system and similar to 25 subdivision regulations. 162 1 COMMISSIONER BELEW: Yeah. 2 MR. BURGER: But they do have detailed 3 information in those policies regarding design of sewer 4 systems and the like. So yes, your -- your policy could 5 mirror what they do. 6 COMMISSIONER LETZ: Right. And one of the 7 things that -- and it's an odd way. They have very 8 unusual enabling legislation when it was originally 9 formed. Every property that's hooked up to the system 10 in Kerr County can become part of the WCID or they could 11 opt out. If they opt in, then they vote their tax and 12 that -- you know, they're -- they would vote on, you 13 know, a debt being issued or something like that. And 14 then they would help vote who the membership is. 15 And so -- but the way they're set up you 16 don't have to do that. So they have a whole lot -- and 17 they don't have to be contiguous or adjacent. So they 18 can hop and skip around and -- 19 COMMISSIONER BELEW: Can't they have an 20 interlocal agreement or how does that work? Do they 21 have just State Law saying that whoever -- wherever they 22 operate -- 23 COMMISSIONER LETZ: They're under their 24 enabling legislation and they can expand anywhere into 25 Kendall and Kerr County under their legislation. 163 1 COMMISSIONER MOSER: Right. 2 COMMISSIONER LETZ: Obviously, it doesn't 3 make sense for them to go to Ingram. I mean, it's got 4 to be processed in Comfort, so -- 5 COMMISSIONER BELEW: Yeah. That makes 6 sense. 7 COMMISSIONER LETZ: But they -- and the 8 other thing I was going to mention that it -- when we 9 get the policy, that policy probably needs to go to the 10 Water Development Board, because the initial ILA was 11 approved by the Water Development Board and -- well, the 12 change we made today was pretty minor. I don't think 13 we'll need to get there. I think we need to send them a 14 copy of it, Charlie, so if you can remember to do 15 that -- 16 MR. HASTINGS: Yep. 17 COMMISSIONER LETZ: -- so they have it, 18 updated files. But if we start, you know, a policy we'd 19 probably need to go through them for approval update. 20 COMMISSIONER MOSER: Good point. 21 JUDGE KELLY: Workshops. 22 COMMISSIONER LETZ: Yeah. 23 COMMISSIONER BELEW: You always call 24 workshops. 25 JUDGE KELLY: Well, just a lot of moving 164 1 parts. 2 COMMISSIONER LETZ: It's a lot. It's 3 complicated and -- 4 JUDGE KELLY: A lot of players. 5 COMMISSIONER LETZ: Yeah. Okay. 6 MR. BURGER: Thank you. 7 COMMISSIONER MOSER: All right. 8 JUDGE KELLY: Thank you. And the next item 9 on the agenda is 1.20 consider, discuss and take 10 appropriate action for a request from Center Point 11 Village to connect to the East Kerr County Wastewater 12 Project. Mr. Hastings. 13 MR. HASTINGS: Okay. The proposed Center 14 Point Village, also known as Eden Farms, consists of 15 149.5 acres divided into approximately 166 single family 16 residential lots and approximately 127 RV lots. I'm 17 looking to my left and right to see if those numbers are 18 still right? 19 MR. NAMKEN: Correct. 20 MR. HASTINGS: Okay. The combined weighted 21 total of approximately 230 living unit equivalents, 22 LUE's. The development proposes to connect to the East 23 Kerr County/Center Point Wastewater System. In order to 24 handle the Center Point Village Subdivision, portions of 25 the existing sewer system on the south side of State 165 1 Highway 27 that have already been constructed, they're 2 already in the ground, will need to be upgraded from 3 six-inch to eight-inch diameter sewer mains, and several 4 pumps will need to be upgraded as well. Several sewer 5 mains not yet constructed under Highway 27 and on the 6 north side of Highway 27 will also need to be upgraded 7 from six to eight-inch diameter as follows: 8 Upgrade six-inch to eight-inch sewer in 9 Phase 1, that would be done by the developer, crossing 10 Street. That's all at Crossing Street. That would be 11 handled under this Interlocal Agreement we have with 12 WCID as additional construction, the document that y'all 13 approved earlier today. 14 Upgrade pumps in Phase 1. That would also 15 be done by the developer. And that's in Lift Stations 16 N, F and E. There's some bottleneck in each one of 17 those Lift Stations for the pumps. 18 Upgrade six-inch to eight-inch sewer in 19 Phase 2, not yet constructed, that would be done -- paid 20 for by the developer through the County. Tallwood 21 Drive, Boxwood Drive, State Highway 27. And we can 22 handle that through a change order. 23 The engineers estimated probable cost of 24 construction for upgrades to Phase 1, already 25 constructed -- which is already constructed and 166 1 currently in-use, is $428,000 and could be handled 2 through sewer system permitting where the Developer's 3 Engineer creates the construction plans, the bid -- he 4 bids the project, he hires the contractor, and it's all 5 under the oversight of the County Engineer and the Kerr 6 County -- Water Control Improvement District Number 1. 7 The Engineer's estimated probable cost of 8 construction for upgrades to Phase 2, which is under 9 contract but not under construction yet, is $25,000 and 10 could be handled through a funding agreement where the 11 developer pays for the change orders with the County's 12 contractor. 13 The number of wastewater Living Unit 14 Equivalents required for Center Point Village could 15 change contingent upon the required Water Availability 16 Study and Final Engineering Report as outlined in Kerr 17 County's Model Subdivision Regulations. 18 For example, they do their Water 19 Availability Study and they find out there's not as much 20 water as they thought to handle all these numbers, the 21 166 single family and the 127 -- those could change. We 22 don't know. 23 Therefore, County approval for the Developer 24 to proceed as outlined above should be contingent upon 25 the submittal and approval of the said Water 167 1 Availability Study. 2 And I've got a little map in there that 3 shows these upgrades. This has been a work in progress. 4 This all started back in about January. There's been 5 public meetings. There's been workshops. We've had 6 several court meetings on it. 7 And our -- I have to admit at the time that 8 this came forward, we just barely finished construction 9 of Phase 1. We're trying to get a contract going with 10 Phase 2 and 3. And we really weren't in the best 11 position to, on the first date, answer the questions of 12 what will it take. 13 So the development of the wastewater 14 capacity model, which you just saw for the first time 15 today, helped to answer a lot of these. We didn't know 16 three weeks ago that pumps in those Lift Stations might 17 need to be upgraded. We just found that out. 18 COMMISSIONER MOSER: And this was the 19 forcing function to get the model developed? 20 MR. HASTINGS: Yes. 21 COMMISSIONER MOSER: Right. 22 MR. HASTINGS: So we're in a real good 23 position moving forward to answer these type of 24 questions for developers that want to come in and attach 25 to the system. 168 1 COMMISSIONER BELEW: On this project there's 2 already been installation, or this is just an upgrade? 3 Nothing's been installed? 4 MR. WELLBORN: This is all on your system. 5 This has nothing to do with -- 6 COMMISSIONER MOSER: This is -- this is -- 7 COMMISSIONER BELEW: Nothing to do with your 8 part? 9 MR. WELLBORN: Right. 10 COMMISSIONER BELEW: Okay. You haven't 11 invested anything. 12 MR. WELLBORN: Right. 13 COMMISSIONER MOSER: This is a design change 14 for Phase 2. Okay. 15 COMMISSIONER BELEW: Which changes their 16 specs. 17 COMMISSIONER MOSER: Changes the contract -- 18 contractor's requirements. Okay. The design. 19 COMMISSIONER BELEW: Right. 20 COMMISSIONER MOSER: That system hasn't been 21 installed. The system that's already installed means 22 digging it up, changing the line, and changing three 23 pumps, so that's something that exists. Okay. And that 24 would be the four -- what was it, Charlie, a total of 25 450-some thousand dollars to do that. Okay. 169 1 MR. HASTINGS: Yes, sir. 2 COMMISSIONER MOSER: And -- and what Charlie 3 said was, is that would be done by the Developer, using 4 their contractor, but approved by County Engineer. 5 COMMISSIONER BELEW: So it's not something 6 they installed but it is installed. 7 COMMISSIONER LETZ: Part of it is installed 8 already. 9 MR. HASTINGS: The parts that are installed 10 would be upgraded. 11 COMMISSIONER MOSER: Right. 12 MR. HASTINGS: And they would hire a 13 contractor to come in, dig it up and change it out. 14 COMMISSIONER MOSER: Right. 15 MR. HASTINGS: Yes, sir. 16 COMMISSIONER MOSER: All right. 17 MR. HASTINGS: And then the other part 18 hasn't been constructed yet. They would write us a 19 check for the change orders. 20 COMMISSIONER BELEW: Sufficiently less money 21 involved. 22 MR. HASTINGS: Yeah. 23 COMMISSIONER BELEW: A lot less. 24 MR. HASTINGS: A lot less if you don't have 25 to dig it back up. Do it once. Yes, sir. So this is 170 1 an action item. I don't know if -- would you like for 2 Brandon to come talk to you? 3 COMMISSIONER MOSER: Yeah, but I think 4 Brandon -- if Brandon could be here to give us an 5 update -- 6 MR. HASTINGS: Very good. Sure. 7 COMMISSIONER MOSER: -- on the Center Point 8 Village development plans, schedules, etcetera. 9 MR. NAMKEN: Sorry, I had to refresh some 10 notes. Good morning. I did want to provide an update 11 since our concept approval in February. At the time, we 12 were estimating our engineers to be done and completed 13 with all their studies, engineering studies, topography, 14 to have plans submitted to the County for review and 15 permitting by May, June time frame. It's looking like 16 May is going to be the month we're going to be able to 17 submit most of this for review and permitting. 18 That goes hand in hand. We've hired a local 19 attorney here in town to finish and construct our 20 condominium documents. At that time we'll be submitting 21 those as well, simultaneously with our engineering plans 22 for permitting, as well as the condominium documents to 23 the -- I guess to the Court is the process. So 24 currently our process is May. 25 Obviously, we had an interest in this 171 1 decision on the sewer upgrade, because we're obviously 2 going to be footing the bill for it. That -- that is 3 May. Since then, I know some of the questions that 4 we've done since February. TxDOT, we've puddled ahead 5 with TxDOT, submitted our concept plan. 6 We have hired a traffic and engineering 7 study to be able to produce the documents that TxDOT 8 required. We have received the green light from them 9 for moving forward. We will have to modify our driveway 10 slightly, but -- but they were comfortable with what -- 11 what's in place, what we are trying to do. So TxDOT, we 12 were able to check that box. 13 One of the big questions that we had to -- 14 well, a box that we had to check was getting the 15 easements to be able to connect to water and sewer and 16 we were able to secure those. Those have been recorded. 17 Water availability. We hired an engineering 18 company to do that. We hired them back in March. And 19 they're in the process of getting the water availability 20 report back to go -- so we can submit that with our 21 plans, which obviously is contingent. Anything moving 22 forward there is the water availability report. 23 We have also had several meetings with area 24 businesses. We were put in contact with the Economic 25 Development Board and talked with them extensively about 172 1 what we're bringing to the area. And they have put us 2 in contact with several businesses that are existing in 3 the area. We have had meetings with James Avery. 4 All-Plastics. The State Hospital. And we have several 5 others on the books to have over the next month. Just 6 to discuss their employees needs from -- from -- 7 anywhere from placing new employees to current employees 8 being bused from San Antonio area to here, or just any 9 needs that they see for their employees. 10 So we're trying to -- to answer those 11 questions, too, based off of, you know, one of the 12 reasons we're here is to try to provide workforce 13 housing and -- and we -- we received some really good 14 feedback from them. A lot of interest. 15 We're -- I mean, it's simple as when can 16 they buy them. Because they have a big need for it for 17 their businesses. And you know, there are companies 18 that, you know, we're on hold with visiting with until 19 some further announcements. You know, when they 20 actually will dial in, how many employees they will be 21 bringing into the area. But it's been a good rapport. 22 Well received with the businesses that we've discussed 23 with at this point. So we're looking forward to May, 24 June time frame when we can hopefully be permitted and 25 start moving dirt around. 173 1 COMMISSIONER MOSER: So when -- assuming 2 that that occurs -- well, two -- let me back up. One 3 other question. On the TxDOT, are they requiring 4 anything, changes in Highway 27 itself? Acceleration 5 lanes, turning lanes -- 6 MR. NAMKEN: No, sir. 7 COMMISSIONER MOSER: -- anything like that? 8 MR. NAMKEN: No, sir. 9 COMMISSIONER MOSER: Okay. And then if all 10 of this occurs in the May time frame, what's your -- 11 what are your plans scheduled for beginning 12 construction, and when sales of property would begin? 13 MR. NAMKEN: We're trying to be teed up to 14 be -- start construction as soon as we get permits. So 15 that means probably the June time frame is when we would 16 probably want to begin. 17 COMMISSIONER MOSER: Okay. And then with 18 that, when would you anticipate first units built? 19 MR. NAMKEN: First unit for -- for houses 20 for sale? 21 COMMISSIONER MOSER: Yeah. 22 MR. NAMKEN: You know, our -- our goal is 23 until we find something else that may not allow us to 24 happen is to have houses on the ground by the end of the 25 year. 174 1 COMMISSIONER MOSER: Okay. 2 MR. NAMKEN: That's our goal. 3 COMMISSIONER MOSER: Okay. All right. 4 Sounds like good progress. 5 MR. HASTINGS: Brandon, we're familiar with 6 all of the different engineers who do water availability 7 studies. Who -- who is it that you've hired? 8 MR. NAMKEN: Hewitt Engineering. 9 MR. HASTINGS: Hewitt, Okay. Very good. 10 COMMISSIONER MOSER: And so with that, one 11 other schedule thing. When would you drill the wells 12 for water availability? 13 MR. NAMKEN: I tried to get that update 14 today on the way while I was driving into town and I was 15 unable to get an answer, but it's in the process. 16 We're -- I don't know exactly when -- when we'll have 17 our permit to do it, but it's in the process. 18 COMMISSIONER MOSER: But you'd expect some 19 time -- 20 MR. NAMKEN: Yeah. And they know our time 21 frame and when we're trying to submit our plan. 22 COMMISSIONER MOSER: Okay. Okay. So the -- 23 would you anticipate that -- having that information 24 when you come back in the May time frame then? 25 MR. NAMKEN: Oh yes, sir. 175 1 COMMISSIONER MOSER: You'll have the water 2 availability as a part of that, right? 3 MR. NAMKEN: Yes, sir. 4 COMMISSIONER MOSER: Okay. 5 MR. NAMKEN: Obviously, that's a big 6 component for us to move forward through. 7 COMMISSIONER MOSER: Sure. Okay. All 8 right. 9 MR. NAMKEN: Any other questions that I 10 could possibly answer that -- Mike, is there anything 11 else that I've missed that we've done? 12 MR. WELLBORN: No. Just -- 13 MR. NAMKEN: Anything else? 14 COMMISSIONER MOSER: I think that's it. It 15 sounds like -- 16 MR. NAMKEN: We're moving forward. 17 MR. HASTINGS: And again, this is an action 18 item. They're wanting to -- permission to tie into the 19 sewer system is really what it amounts to. 20 COMMISSIONER MOSER: So here -- so the 21 motion is to -- is to enter into agreement with -- with 22 Eden Farms to change the design of Phase 2 in the 23 Wastewater System, and to proceed with modifications to 24 the system as delineated by County Engineer for 25 Phase One, which includes replacing the line on Crossing 176 1 Street, upgrades, Lift Station pumps on Lift Stations N, 2 E and F. Okay? 3 MR. HASTINGS: That's correct. 4 COMMISSIONER MOSER: And if -- for that, 5 Eden Farms will be responsible for that -- those 6 changes, and -- and approval of any -- any work to be 7 done by the County Engineer. 8 MR. HASTINGS: Yes. 9 COMMISSIONER MOSER: And WCID's part of the 10 agreement. 11 MR. HASTINGS: Did -- did you mention also 12 the upgrade of the six to eight in Phase 2? 13 COMMISSIONER MOSER: Yeah. Well, I did 14 mention that. 15 MR. HASTINGS: You did? 16 COMMISSIONER MOSER: Yeah. 17 MR. HASTINGS: On Tallwood Drive, Boxwood 18 Drive and Highway 27. 19 COMMISSIONER MOSER: Specifically, yes. 20 Specifically in Phase 2 change a line from six-inch to 21 eight-inch. 22 MR. HASTINGS: Yes, sir. 23 COMMISSIONER MOSER: Right. Okay. So with 24 that I move for approval. I'll make that motion. 25 COMMISSIONER LETZ: I agree. But I think -- 177 1 my problem is that we don't have anything to approve. 2 We have to -- there has to be a development agreement. 3 And I think we can approve the concept, but there has to 4 be an actual agreement and -- I mean, I understand 5 Brandon's point, wherever he is, behind me, that he 6 needs us to commit to doing it. 7 COMMISSIONER MOSER: To say yes. Right. 8 COMMISSIONER LETZ: But we can't approve it 9 until we get plans that are approved by WCID and County, 10 and Charlie and Don. That would include both additional 11 construction and change order. And all of that is 12 addressed in the ILA, so I'm trying to figure out -- 13 COMMISSIONER BELEW: Don't you just turn in 14 a change order? 15 COMMISSIONER LETZ: Well, but there's a 16 whole lot of -- 17 COMMISSIONER BELEW: There's big ones, 18 there's short ones. 19 COMMISSIONER LETZ: Yeah. And it's 20 addressed in the ILA so a lot of the process as to how 21 that's done. I'm just saying that the -- I'm not sure 22 what we do today. I'm going to look at the County 23 Attorney a little bit. 24 COMMISSIONER MOSER: Well, I guess what we 25 could do is -- 178 1 COMMISSIONER BELEW: I don't think we do 2 anything. 3 MRS. STEBBINS: I don't think so either. 4 COMMISSIONER MOSER: -- move forward with 5 the development plan, then to be brought back to the 6 Court to be approved. 7 COMMISSIONER LETZ: I think we could approve 8 a development plan to tie into the system, subject to -- 9 MR. NAMKEN: Well, they talked -- what I 10 interpreted, it was going to be subject to our plans 11 being permitted and, you know, water availability 12 support. 13 COMMISSIONER MOSER: Okay. 14 COMMISSIONER LETZ: So I think it's a broad 15 one, you know -- 16 MRS. STEBBINS: It's like approving a 17 concept plan? 18 COMMISSIONER LETZ: Well, it's like 19 approving to -- 20 COMMISSIONER MOSER: I think what we're 21 doing is making a motion to approve Eden Farms Center 22 Point Village to tie in to the East Kerr/Center Point 23 Wastewater System, okay, contingent on their permitting 24 approval, period. And proceed with developing the 25 development plan. 179 1 COMMISSIONER LETZ: Second. 2 COMMISSIONER MOSER: It could be worded more 3 simply than that but -- 4 COMMISSIONER LETZ: I'd say because it's a 5 permit -- yeah, I'll second that motion. Because I 6 think that's what we're doing. We're approving them 7 subject to water availability, which is a permit 8 issue -- 9 COMMISSIONER MOSER: Right. 10 COMMISSIONER LETZ: -- and the -- developing 11 the plans. 12 COMMISSIONER MOSER: Good. 13 COMMISSIONER HARRIS: Sound good to you, 14 Charlie? 15 MR. HASTINGS: Yes, sir. 16 JUDGE KELLY: Somebody restate it and -- 17 MR. HASTINGS: I'd like to know if Brandon's 18 comfortable with that. 19 MR. NAMKEN: Again, I just wanted to make 20 sure there weren't any -- anything else in the weeds 21 that we were needing. 22 MR. HASTINGS: That was the main thing. We 23 want to make sure that you're comfortable moving 24 forward. 25 MR. NAMKEN: Yeah. Because I understand 180 1 it's all contingent of us providing our engineer 2 documents. 3 MR. HASTINGS: Yes, sir. 4 MR. NAMKEN: But if for some reason there 5 was a reason that you couldn't allow us to connect -- 6 MR. HASTINGS: Well, then we need to know 7 today. 8 COMMISSIONER MOSER: So the -- the motion 9 is, to restate it again, is to approve Eden Farms Center 10 Point Village to move forward with developing the plans 11 to tie into the East Kerr County/Center Point wastewater 12 system. And that -- that -- now that's the motion. 13 And that will include all the engineering, 14 the contractual stuff and everything else to be approved 15 by the County Engineer, and in accordance with the 16 Interlocal Agreement with WCID. I said stop at that 17 motion. I kept the motion simple. 18 COMMISSIONER LETZ: Can you say it again? 19 COMMISSIONER MOSER: No. I'll let the 20 Reporter -- when I said stop at the motion right there. 21 Can you repeat that for me? 22 THE REPORTER: Let's see -- 23 COMMISSIONER MOSER: I'll try it again. 24 THE REPORTER: Okay. 25 COMMISSIONER MOSER: Make a motion to 181 1 approve Eden Farms Center Point Village moving forward 2 with developing the plans to tie into the Center 3 Point -- East Kerr County/Center Point Wastewater 4 System, and all that is to be contingent on permits 5 being approved by this Court for the development. 6 COMMISSIONER LETZ: Okay. 7 JUDGE KELLY: A whole lot more detail spoken 8 on this one. 9 COMMISSIONER BELEW: Yeah. It sounds like 10 to me that it's restating of what was already part of 11 the project. When you proceed with the project, you 12 have all of what was just said as far as I can tell. 13 MR. NAMKEN: I think it changed when they 14 started figuring out data on what needed to be upgraded 15 and pumps needed to be changed. And so then there 16 became the bills that needed to be paid and who was 17 paying it. And then if we're going to be paying those 18 bills, I wanted to make sure we had access to connect to 19 those pipes. 20 COMMISSIONER MOSER: That's -- that's the 21 whole thing, Charlie. Just -- are they going to get to 22 connect to the system if he pays for all the upgrades as 23 approved. 24 COMMISSIONER BELEW: Was that stated in the 25 motion though, by him -- 182 1 COMMISSIONER MOSER: Yes. 2 COMMISSIONER BELEW: Okay. See, I would 3 have just said go in peace, and that would have been the 4 end of it. 5 COMMISSIONER MOSER: When he said 6 development plans that means the cost and how to do it 7 and all that kind of -- 8 COMMISSIONER BELEW: Okay. 9 MR. NAMKEN: So that's off-site costs, and 10 what we had on our concept used was everything on-site. 11 So we -- now we're talking, discussing off-site, your 12 system. And we just want to make sure we're allowed to 13 upgrade them. 14 JUDGE KELLY: So what's the order going to 15 say? 16 COMMISSIONER LETZ: To me the order -- to me 17 it's to authorize Center Point Village to connect to the 18 East Kerr Wastewater System subject to water 19 availability and construction documents. To me that's 20 it. 21 COMMISSIONER MOSER: Well, and you used the 22 term development plan, and I think that's -- that's good 23 to where they're -- how they're going to bring their 24 contractor in and going to be approved by the County 25 Engineer. That's the reason I used the development 183 1 plan. Okay. 2 MRS. STEBBINS: That one's clearer. What 3 Jonathan just said was clearer and sounds more like the 4 intent of what is happening today. 5 MR. NAMKEN: I agree. 6 COMMISSIONER MOSER: I'll go along with 7 anything that will let us move forward. 8 MRS. STEBBINS: If you want to modify your 9 motion to state what Jonathan just said, to authorize 10 connection to the system subject to water availability 11 and development plans. 12 COMMISSIONER MOSER: Well, there's more than 13 water availability. He's -- they're permitting to 14 get -- they have to have a plat, okay, which hasn't been 15 provided, right? They have to have water availability 16 and they got a lot of other permits that have to be 17 approved. That's the reason I didn't say just water 18 availability. That's a key part of it though. 19 COMMISSIONER BELEW: I thought their plat 20 was in the concept plan. We discussed that. 21 COMMISSIONER MOSER: Not formally. No. 22 That was just a concept. That was -- 23 MR. HASTINGS: It was discussed that they've 24 got to provide one. Yes, sir. 25 COMMISSIONER BELEW: Okay. 184 1 MR. HASTINGS: But it's not a part of the 2 concept plan. 3 COMMISSIONER LETZ: You know, I think -- 4 COMMISSIONER MOSER: Restate yours, 5 Jonathan, except instead of saying water availability 6 just say permitting approval by the Court and -- and 7 development plan. 8 COMMISSIONER HARRIS: Can you do that again? 9 The same way? 10 MRS. STEBBINS: I have a suggestion. 11 Subject to the platting requirements instead of saying 12 water availability. 13 COMMISSIONER LETZ: Okay. I'll make a 14 motion to authorize Center Point Village to connect to 15 the Center Point/East Kerr Wastewater System subject to 16 the -- 17 COMMISSIONER MOSER: Subject to permitting. 18 JUDGE KELLY: Because that's where the devil 19 is. 20 COMMISSIONER LETZ: Yeah. And subject to -- 21 JUDGE KELLY: And we're not getting any 22 details. 23 COMMISSIONER LETZ: -- subject -- subject 24 to, I think, the water availability study, preparation 25 of construction documents and other development issues 185 1 that need to be approved by this Court. 2 COMMISSIONER MOSER: That's good. Second. 3 COMMISSIONER BELEW: And under 30 seconds. 4 COMMISSIONER MOSER: Second. 5 COMMISSIONER LETZ: Which means that subject 6 to the rules, water availability, and they have to 7 develop construction plans. 8 COMMISSIONER MOSER: And this -- this again, 9 just let's them move forward knowing that they're going 10 to be able to do that. If they meet all the other 11 requirements. 12 JUDGE KELLY: Okay. 13 COMMISSIONER MOSER: Okay. Motion and a 14 second. 15 JUDGE KELLY: Well, who's got the motion and 16 who's got the second? 17 COMMISSIONER MOSER: Jonathan has the motion 18 and I have the second. 19 JUDGE KELLY: So the first motion's 20 withdrawn? 21 COMMISSIONER LETZ: Yes. 22 COMMISSIONER MOSER: Yes. 23 JUDGE KELLY: Now we're to the last motion? 24 COMMISSIONER LETZ: Yes. 25 COMMISSIONER MOSER: Correct. 186 1 JUDGE KELLY: And you're seconding that 2 motion? 3 COMMISSIONER MOSER: Yes, sir. 4 JUDGE KELLY: Does everybody understand what 5 we're voting on now? Those in favor raise your hand. 6 (Commissioners Belew, Moser and Letz raised 7 hands.) 8 JUDGE KELLY: Those opposed raise your hand. 9 (Judge Kelly raised hand.) 10 JUDGE KELLY: Those abstaining raise your 11 hand. 12 (Commissioner Harris raised hand.) 13 JUDGE KELLY: Three, one and one. God be 14 with us. 15 The next item on the agenda is 1.21 update 16 on the proposed Comfort RV Park located at Hermann Sons 17 Road and State Highway 27, and their proposed connection 18 to the East Kerr County Wastewater System. 19 COMMISSIONER MOSER: The same song, second 20 verse. 21 MR. HASTINGS: Yes. 22 COMMISSIONER LETZ: This is no action. 23 MR. HASTINGS: This one's easier. 24 COMMISSIONER HARRIS: Oh, no action. 25 MR. HASTINGS: The proposed Comfort RV Park, 187 1 located at Hermann Sons Road and State Highway 27, 2 consists of 201 RV units on approximately 75 acres. The 3 201 RV units represent 100.5 sewer living unit 4 equivalents (LUE's), and is proposed to be connected to 5 the East Kerr County Wastewater System at a location 6 past the last pump station; therefore, it will have no 7 effect on the sewer system capacity subject to the 8 engineering design described herein. So there is a 9 caveat. 10 Comfort RV's engineering consultant, 11 Wellborn Engineering, has coordinated the proposed sewer 12 connection with the Kendall County Water Control 13 Improvement District No. 1, the KCWCID, the operator of 14 the sewer system, Tetra Tech Engineering (the County's 15 wastewater engineer), and the County Engineer, that's 16 me. 17 Connection to the system is subject to the 18 developer installing communication and control devices 19 between Pump Station A, the Comfort RV Pump Station, and 20 the Kerr(sic) County WCID No. 1 wastewater treatment 21 plant. The communication and control devices would 22 ensure that Pump Station A, that's our pump, our big 23 pump, has pumping priority, in the event that both pump 24 stations needed to pump at the same time, and it would 25 allow KCWCID No. 1 to monitor and control the pumping 188 1 stations remotely, hence capacity in the East Kerr 2 County Wastewater System is preserved. 3 In addition to this, the Comfort RV pumping 4 station will include additional wastewater storage 5 capabilities in the event that both pump stations need 6 to activate simultaneously, because it still could 7 happen, thus allowing for Pump Station A to have 8 priority. 9 Wellborn Engineering will submit their 10 design to Tetra Tech Engineering, the KCWCID No. 1, and 11 Kerr County Engineer for review, comment and approval. 12 Following approval of the design, the Developer will 13 hire a contractor for installation, inspections, 14 construction oversight, and final acceptance will be 15 performed jointly by Wellborn Engineering, KCWCID, and 16 the Kerr County Engineer, similar to public 17 infrastructure for a subdivision. 18 No action is necessary from the Court. This 19 is an informational item only. Please see a sketch of 20 the wastewater system on the -- in your packet. Any 21 questions? 22 COMMISSIONER MOSER: Good plan. What is the 23 capacity of the system from the RV Park to -- in case 24 both pumps can't function at the same time? 25 MR. HASTINGS: Is Don here? If he wants to 189 1 answer that or -- 2 MR. BURGER: I don't know what -- what the 3 capacity -- 4 COMMISSIONER MOSER: How many -- how many 5 LUE days will it be able to accommodate? 6 MR. BURGER: We're looking at trying to do 7 up to six hour backflow. 8 COMMISSIONER MOSER: Six hour? 9 MR. BURGER: Uh-huh. 10 COMMISSIONER MOSER: So six hours of the 11 LUE's that are proposed. Okay. All right. And that's 12 to be -- to be approved by WCID and the County Engineer 13 as being adequate? 14 MR. HASTINGS: Yes. 15 COMMISSIONER MOSER: Okay. All right. 16 COMMISSIONER LETZ: And this will not 17 require any -- I mean it's informational. Any 18 platting -- 19 COMMISSIONER MOSER: Right. 20 COMMISSIONER LETZ: -- there's no platting 21 done by the County at this point. 22 COMMISSIONER MOSER: Right. 23 JUDGE KELLY: Okay. Any other questions for 24 Mr. Hastings? Thank you, Charlie. 25 MR. HASTINGS: Thank you. 190 1 JUDGE KELLY: Let's move on to Item 1.30 2 consider, discuss and take appropriate action to amend 3 the Hill Country Regional Public Defender's Office 4 Oversight Board Membership and Policies, which was 5 approved October 26, 2020, Court Order No. 38409, to 6 delete the requirement to post agendas of the Oversight 7 Board Committee pursuant to the Open Meetings Act. 8 This goes into the lessons learned category. 9 We're getting ready to have our first quarterly board 10 meeting for the Oversight Board. I think it's this 11 Thursday. And what we found is that we put into policy 12 that we'd make this all subject to the Open Meetings Act 13 and really what it is, it's just a department of Kerr 14 County. It's not the elected officials, even though 15 it's a five-county board. 16 And trying to coordinate all of that and 17 post that has became quite cumbersome, so we rescheduled 18 it, I think we're on our third date now trying to do 19 this. And so I'll be bringing to this Court to let you 20 know that as far as the PDO goes, the Oversight Board, 21 we don't see where that's necessary to post those 22 agendas and have them unnecessarily open to the public 23 because one of the things that was learned, especially 24 in light of this salary dispute over the new DA -- 25 Assistant DA, we have to remember that the DA's Office 191 1 is the natural adversary of the Defender's Office. And 2 we're not sure if we want to show the playbooks back and 3 forth to one another. 4 The DA's Office are not open to the defense 5 to go ahead and find out what they're planning or what 6 they're doing. And quite frankly, the -- John Bull and 7 Elizabeth Berry who are running the PDO were a little 8 concerned that there be more privacy when reporting to 9 the oversight. 10 COMMISSIONER BELEW: Is that a unique 11 situation, Judge? 12 JUDGE KELLY: Very. 13 COMMISSIONER BELEW: Yeah. So I can't think 14 of any other departments that can't share information or 15 that it would be -- it would be detrimental. 16 MRS. STEBBINS: Attorneys. My DA's. 17 JUDGE KELLY: It's an attorney-client issue 18 is what it is. 19 COMMISSIONER BELEW: So once you figure out 20 you have the same people go through your court as 21 district court. 22 MRS. STEBBINS: Sometimes, yes. 23 COMMISSIONER BELEW: Sometimes. 24 MRS. STEBBINS: And he doesn't want to 25 share -- John doesn't -- isn't going to want to share 192 1 the same information with me either. And we're -- it's 2 the same issues, DA's and County Attorneys. Something 3 that he'd like to talk to that Oversight Committee 4 about, it's not really my business. 5 COMMISSIONER BELEW: So this doesn't set 6 precedent? 7 JUDGE KELLY: No. No. And one of the 8 things that we're learning, we're talking about lessons 9 learned. If -- if -- if this is the PDO and this is 10 Kerr County, they are a department of Kerr County. And 11 somewhere in between, this area in here, is that 12 oversight board. 13 And so the oversight board doesn't really 14 tell the PDO what to do ultimately, this Court tells 15 that Department Head what happens in that department. 16 But we've got this curious relationship. It's a very 17 unique relationship. And we have the oversight board 18 mainly because we've got five counties involved and 19 these other counties need to know what's going on. And 20 we want their input before we come in and unilaterally 21 tell them what they're going to have to do. 22 COMMISSIONER MOSER: Right. 23 MRS. STEBBINS: And it's a statutory 24 requirement for having an office like that. You have to 25 have the oversight board. It's required. 193 1 COMMISSIONER BELEW: With reps from each 2 county. 3 MRS. STEBBINS: Right. There's a -- there's 4 a list in there of who may be included as members of 5 that Board. 6 COMMISSIONER LETZ: And it's also under the 7 statute not a requirement to just be open meetings. 8 JUDGE KELLY: Right. 9 COMMISSIONER LETZ: Which is important. 10 I'll make a motion that we modify the Oversight Board 11 Membership and Policies document by removing the 12 requirements for those meetings to be subject to the 13 Open Meetings Act. 14 COMMISSIONER HARRIS: Second. 15 JUDGE KELLY: Motion's been made by 16 Commissioner Letz, seconded by Commissioner Harris to 17 delete the requirement of the meetings for the Public 18 Defender's Office to be subject to the Open Meetings 19 Act. Anymore discussion? Those in favor raise your 20 hand. Unanimous, five zero. 21 Item 1.31 consider, discuss and take 22 appropriate action on organization of payroll function. 23 COMMISSIONER LETZ: Judge, I'll start on 24 this one. There was a discussion awhile back and 25 brought in by the Treasurer that the -- the Treasurer 194 1 thought that she could handle the payroll function. 2 There's some changes in the HR office due to a vacancy 3 and the question is whether we wanted to look at 4 changing the payroll function. 5 My recommendation is that we don't. But it 6 was on the agenda because we -- a lot of discussion has 7 happened since this was put on the agenda. I visited 8 with the Judge a little bit last week but we haven't 9 talked about it since so he may have a different 10 opinion. I don't know. I'm not sure what his -- where 11 he is. 12 JUDGE KELLY: No. All these are discussions 13 that are taking place. We've been visiting with HR and 14 the Treasurer about these issues. And really, the Court 15 needs to know that these discussions are taking place. 16 I don't know of any recommendations at this point. 17 There are pros and cons both ways. But we put it on the 18 agenda to make sure that it was disclosed to the full 19 Court. And the same thing for the next agenda item. 20 COMMISSIONER LETZ: Right. 21 COMMISSIONER HARRIS: What are some of the 22 pros and cons? 23 JUDGE KELLY: Well -- 24 COMMISSIONER LETZ: I can go over some of 25 them. 195 1 COMMISSIONER HARRIS: Okay. 2 COMMISSIONER LETZ: I'll tell you a big con 3 in my mind is that -- and I'm going off a long time ago. 4 Payroll function is critical. And it goes -- and along 5 with that goes what's reporting to the IRS and Social 6 Security and all that. And we got in a big pickle in 7 this County because that was not being handled properly 8 by a former elected official. 9 And at that point, this Court moved it out 10 of that so we had direct control over that because we 11 can't do anything -- we can't terminate an elected 12 official, but we can make the change in HR Department if 13 there's -- if this issue was ever to come again. That, 14 to me, was the biggest reason -- 15 JUDGE KELLY: Come up. Not talking about -- 16 but we do have control over departments that we don't 17 have over elected offices. 18 COMMISSIONER HARRIS: Sure. 19 COMMISSIONER LETZ: And the -- the other, I 20 think a pro is that -- and this is also a con. It keeps 21 a separation of money, of checks and all that, and some 22 payroll checks and a little bit of those in checking the 23 balance, but that's also probably a con possibly that 24 maybe it's more efficient to put it all under one 25 office. 196 1 COMMISSIONER BELEW: Isn't that just a 2 division of account, or is it general fund stuff? 3 COMMISSIONER LETZ: It's a lot of -- and 4 Jennifer can probably answer this a lot more than I can. 5 But there's a lot of -- you know, when you get into HR 6 payroll stuff, there's a whole lot that has to go 7 through HR like change in steps and grades and all that. 8 So you're still -- you're almost dividing that work into 9 two departments right now instead of one department. 10 And that could be more cumbersome. 11 COMMISSIONER HARRIS: Right. 12 MRS. DOSS: And the confidentiality aspect 13 of it. You know, most of the changes that happen in 14 payroll are due to these things. The unpaid leave, 15 transfer, military leave, FMLA, workers' comp. Those 16 are all confidential that we would -- you know, I would 17 rather not share documents and information with other 18 departments. 19 COMMISSIONER LETZ: And I want to make it 20 clear in my comments, our current Treasurer does a 21 fantastic job. I have no concerns with her. 22 COMMISSIONER BELEW: This is past tense. 23 COMMISSIONER LETZ: Sure. So anyway, I 24 don't see a reason to make a change. I think it's 25 working right now. So that's just my -- 197 1 COMMISSIONER BELEW: So there's no action on 2 it. 3 COMMISSIONER LETZ: You can make a motion if 4 you want. 5 COMMISSIONER BELEW: No. I -- it sounds like 6 it's informational. 7 JUDGE KELLY: I don't think there's any 8 recommended action at this point. 9 COMMISSIONER BELEW: Yeah. Okay. 10 JUDGE KELLY: All of this came up with 11 regard to the changes in the department is taking 12 what -- what are our options will be. 13 COMMISSIONER BELEW: Sure. 14 JUDGE KELLY: So I'll move on to the last 15 item on the consideration agenda, which is 1.32 16 consider, discuss and take appropriate action to set 17 step and grade for Human Resources Department employees. 18 COMMISSIONER LETZ: And I'll start on this 19 one, too. There is a vacancy in that office and we just 20 last week looked at it. I couldn't remember some 21 changes that were made several years ago with that 22 position. I have since -- and the question was is 23 whether that should be -- or historically has been a 20 24 position. A level of a step and a grade 20. It has 25 been, so I would recommend that it stay where it is. 198 1 Not really a change. And we'd go back from -- to a 20.1 2 as far as -- 3 COMMISSIONER BELEW: So that's a motion? 4 COMMISSIONER LETZ: Not really; it's just 5 our policy. 6 COMMISSIONER BELEW: Okay. Stay where we 7 are. 8 JUDGE KELLY: It's really more information. 9 COMMISSIONER LETZ: It's more informational. 10 JUDGE KELLY: We didn't know where we stood 11 when the change took place now, for now. We put these 12 on the agenda for us to be able to make everybody aware 13 and at least know that these are possibilities. 14 But the exiting employee in that department 15 is a grade 20. And historically that assistant position 16 has been a grade 20, so that's -- that's not -- 17 COMMISSIONER LETZ: Judge, I have some new 18 information, it's just been whispered into my ear. 19 COMMISSIONER BELEW: Breaking news. 20 COMMISSIONER LETZ: Breaking news. The 21 salary study recommends this be a level 19. 22 JUDGE KELLY: 19? 23 COMMISSIONER LETZ: So I'll make a motion 24 that this position be changed to a grade 19 position. 25 COMMISSIONER HARRIS: Okay. Well then, I'll 199 1 second that. There you go. 2 JUDGE KELLY: Okay. Motion's been made by 3 Commissioner Letz, seconded by Commissioner Harris to 4 make the Assistant HR Director a grade 19 position. Is 5 there any discussion? 6 And just so that you know, one of the things 7 that we were looking at is when you consider not only 8 the grade but the steps, we were looking at a very high 9 salary. And we were just looking at what are our 10 options at this point? And if the salary study is 11 recommending a 19, that -- that makes it a little bit 12 easier for us to accommodate. 13 COMMISSIONER LETZ: Okay. 14 JUDGE KELLY: So those in favor raise your 15 hand. Unanimous, five zero: 16 MR. DOWDY: Was that for a particular 17 position, you said, or not? 18 JUDGE KELLY: Assistant HR Director. Yes. 19 MRS. DOSS: Or HR Generalist is the title. 20 JUDGE KELLY: HR Generalist. Okay. Believe 21 it or not, it's almost one o'clock and we've got the 22 Approval Agenda. 2.1 pay the bills. 23 MRS. SHELTON: Invoices for today's approval 24 amount to $698,815.88. 25 COMMISSIONER MOSER: Move for approval -- 200 1 COMMISSIONER BELEW: Second. 2 COMMISSIONER MOSER: -- to pay the bills. 3 JUDGE KELLY: Okay. Motion's been made by 4 Commissioner Moser, seconded by Commissioner Belew. 5 Those in favor of paying the bills as presented, raise 6 your hand. Unanimous, five zero. 7 Budget Amendments. 8 MR. ROBLES: We have six today. Five of 9 them are line item transfers within their department. 10 Constable 4, Sheriff, Parks Maintenance, 216th and 198th 11 District Courts, and also the Auditor is certifying new 12 revenue for the Child Abuse Prevention Fund. 13 COMMISSIONER LETZ: Move for approval. 14 COMMISSIONER BELEW: Second. 15 JUDGE KELLY: Okay. Motion's been made by 16 Commissioner Letz, seconded by Commissioner Belew to 17 approve the budget amendments as proposed. Any 18 discussion? Those in favor raise your hand. Unanimous, 19 five zero. 20 Late bills. 21 MRS. SHELTON: Yes. We had one late bill. 22 $23,726.93. 23 COMMISSIONER BELEW: This is so small, I 24 can't read it. What does it say? 25 MRS. SHELTON: That's why I have the big 201 1 page. $23,726.93. 2 COMMISSIONER HARRIS: I move for approval. 3 COMMISSIONER BELEW: But for several things? 4 MRS. SHELTON: It was just one. 5 COMMISSIONER LETZ: Purdue, Brandon. 6 COMMISSIONER BELEW: Okay. That's what I 7 was asking -- 8 MRS. SHELTON: Oh. 9 COMMISSIONER BELEW: -- what was it for. I 10 couldn't read it. 11 JUDGE KELLY: Okay. We got a motion from 12 Commissioner Harris. Is there a second? 13 COMMISSIONER LETZ: Second. 14 COMMISSIONER MOSER: Second. 15 JUDGE KELLY: Seconded by Commissioner Letz 16 to approve the late bills as presented. Any discussion? 17 Those in favor raise your hand. Unanimous, five zero. 18 Auditor reports. 19 MRS. SHELTON: Yes. Internal audits were 20 performed and reports submitted for the offices of Bob 21 Reeves, Tax Assessor-Collector, Tracy Soldan, County 22 Treasurer, and J.R. Hoyne, Justice of the Peace, 23 Precinct 2. I'm asking that you accept the reports. 24 COMMISSIONER MOSER: So moved. 25 COMMISSIONER BELEW: Second. 202 1 JUDGE KELLY: Motion by Commissioner Moser, 2 seconded by Commissioner Belew to approve the Auditor's 3 reports as presented. Any discussion? Those in favor 4 raise your hand. Unanimous, five zero. 5 2.5 accept monthly reports. 6 COMMISSIONER HARRIS: Yes. For March 2021 7 payroll report, County Treasurer, Tracy Soldan. Animal 8 Control Services, Director, Reagan Givens. 9 Environmental Health, OSSF Director, Ashli Badders. 10 Indigent Services, HR Director Jennifer Doss; Constable 11 monthly report, Constable 1 Tommy Rodriguez, Constable 2 12 Kyle Schneider, Constable 3 Ken Wilke, Constable 4 Brad 13 Rider. 14 Fines, judgments and jury fees collected. 15 J.P. 1 Mitzi French, J.P. 2 J. R. Hoyne, J.P. 3 Kathy 16 Mitchell, District clerk Dawn Lantz, County Clerk Jackie 17 J.D. Dowdy. To include annual statistics summary. I 18 move for approval. 19 COMMISSIONER LETZ: Second. 20 JUDGE KELLY: Motion's been made by 21 Commissioner Harris, seconded by Commissioner Letz to 22 approve the court orders as presented -- the monthly 23 reports as presented. I'm sorry. Any discussion? 24 Those in favor raise your hand. Five zero. 25 2.6 Court orders. 203 1 COMMISSIONER LETZ: Yes. We have the court 2 orders from our Monday, March 22nd meeting. Numbers 3 38624 through 38648. We did have a slight change on 4 Court Order 38624. It read "Approve the Proclamation 5 sustaining that March 21 is the 19th Annual March for 6 Meals Month and authorize the County Judge to sign the 7 same." I need to delete the word "sustaining." Minor 8 change. With that, I'll make a motion to approve. 9 COMMISSIONER BELEW: Second. 10 COMMISSIONER HARRIS: Second. 11 JUDGE KELLY: Motion's been made by 12 Commissioner Letz, seconded by Commissioner Harris to 13 approve the Court Orders as presented with that one 14 revision. Any discussion? Those in favor raise your 15 hand. Unanimous, five zero. 16 Information agenda. Status reports from 17 department heads. 18 3.2. Status reports from elected officials. 19 3.3. Status reports from Liaison 20 Commissioners. 21 COMMISSIONER LETZ: Just a quick -- I think 22 most of the Court knows, but the Kerr County Fair has 23 announced that they will not be doing a fair this year. 24 They're evaluating the future of the fair. They've 25 asked for some public input on that. 204 1 And at the same time, I've had some 2 discussions with Spectra about how they may help. So 3 that's all working right now. Nothing to be done. 4 They're just kind of evaluating how to go forward. 5 JUDGE KELLY: Okay. Any other Liaison 6 Commissioner reports? 7 COMMISSIONER HARRIS: Yes. In visiting with 8 Shane and Maintenance, we walked around the outside. In 9 fact, I was going to get with Commissioner Letz on some 10 things. But out here, the other side over here by the 11 generator, that area, that big hedge that was there, the 12 freeze knocked it out. All that stuff is dead. So 13 we're going to have to do some improving out there. 14 And we're kind of bouncing around some ideas 15 so if any of the rest of you Commissioners has any 16 ideas. We thought about maybe just putting some crushed 17 granite in there to where it doesn't have to be mowed 18 and weedeated and stuff like that once we remove all 19 that. We're open for suggestion. 20 COMMISSIONER BELEW: Why don't we just paint 21 the generator camo. It'll look like we have something 22 going on over there. 23 COMMISSIONER HARRIS: Anyway, that's it. 24 JUDGE KELLY: Any others? Okay. Then that 25 will close out our regular meeting and we're going to go 205 1 into Executive Session to consider -- 2 COMMISSIONER LETZ: Judge, the first -- the 3 item that I had, I don't think -- I think that can be 4 deferred. 5 JUDGE KELLY: Human Resources? 6 COMMISSIONER LETZ: Yeah. 7 JUDGE KELLY: Okay. 4.2(a). 8 COMMISSIONER LETZ: I think that can be 9 handled at a later date. 10 JUDGE KELLY: So then the only thing we 11 would go into Executive Session for would be on 12 economic development on 4.3(a) discussion regarding 13 financial information pertaining to Precinct 2 business 14 prospects. 15 COMMISSIONER MOSER: And that will just take 16 a few minutes. But I do want it to be Executive 17 Session. 18 JUDGE KELLY: Okay. Then we will adjourn 19 from public session and go into Executive Session, and 20 take a five minute break. 21 (Break.) 22 (Executive Session.) 23 JUDGE KELLY: I don't believe there's any 24 action items to be taken, so we are adjourned. 25 * * * * * * 206 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 23rd day of April, A.D. 2021. 10 11 /s/DEBRA ELLEN GIFFORD Certified Shorthand Reporter 12 No. 953 Expiration Date 04/31/2021 13 * * * * * * 14 15 16 17 18 19 20 21 22 23 24 25