1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Regular Session 5 Monday, May 10, 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. 7 4 1.1 Discussion and update regarding COVID-19. 10 5 1.2 Consider, discuss and take appropriate 14 action regarding update, facility use and 6 other matters related to the severe winter weather disaster. 7 1.3 Consider, discuss, and take appropriate 16 8 action regarding the MOA (Memo of Agreement) with FEMA for including iPAWS in conjunction 9 with the CodeRed system and permit the County Judge to sign same. 10 1.4 Consider, discuss and take appropriate 22 11 action to approve John A. Major as a new member of the Kerrville-Kerr County Joint 12 Airport Board. 13 1.5 Consider, discuss and take appropriate 28 action to approve the Kerrville-Kerr 14 County Joint Airport Board Budget for FY 2021-2022. 15 1.6 Consider, discuss and take appropriate 35 16 action to authorize Texas Parks and Wildlife Department contractors to spray Arundo donax 17 on Kerr County property. 18 1.7 Consider, discuss and take appropriate 37 action to allow Texas Parks and Wildlife 19 Department contractor to fill water tanks at the Hill Country Youth Event Center for 20 the Healthy Creeks Initiative Program to manage giant cane (Arundo donax). 21 1.8 Consider, discuss and take appropriate 39 22 action regarding Interlocal Agreement between UGRA and Kerr County regarding 23 Guadalupe River crossing patrols. 24 25 3 1 I-N-D-E-X 2 NO. PAGE 3 1.9 Consider, discuss and take appropriate 40 action regarding Upper Guadalupe River 4 Authority (UGRA) River Clean Up volunteers using Hill Country Youth Event Center 5 (HCYEC) dumpster. 6 1.10 Update regarding Memorial Day Event. 42 7 1.11 Consider, discuss and take appropriate 44 action to approve or deny date holds for 8 the Hill Country Youth Event Center to be used by the elections department for early 9 elections in future years. Space needed and dates may vary based on election cycles 10 and voter turnout. 11 1.12 Consider, discuss and take appropriate 51 action regarding an agreement to lease 12 an area in the River Star Park storage building and adjacent area for a 13 communications tower to the Hill Country Amateur Radio Club (HCARC),and allow County 14 Judge to sign same. 15 1.13 Consider, discuss and take appropriate 58 action to permit the Hill Country Amateur 16 Radio Club (HCARC) to use the Union Church Building once a month at no cost. 17 1.20 Consider, discuss and take appropriate 61 18 action to enter into an agreement with Jill Shackelford for consulting services 19 for aggregate production operations in the community and Kerr County. 20 1.21 Consider, discuss and take appropriate 96 21 action for the Court to consent to an annexation request of 5.556 acres and 22 relinquishing maintenance for a portion of Lehmann Drive into the City of Kerrville. 23 1.22 Consider, discuss and take appropriate 97 24 action for the Court to provide input for a concept plan for 78.95 acres between Bear 25 Creek Scout Road and Cedar Cliff Loop in Hunt, Texas. 4 1 I-N-D-E-X 2 NO. PAGE 3 1.23 Consider, discuss and take appropriate 106 action for the Court to approve a Final 4 Plat for Miles Acres, Deed File No. 20-08593. 5 1.24 Consider, discuss and take appropriate 107 action for the Court to approve an Amending 6 Plat for Estates at Turtle Creek Section Two, Lots 27R and 28R, Plat File #21-01235. 7 1.25 Consider, discuss and take appropriate 108 8 action for the Court to set a public hearing for 10 a.m. on June 14, 2021 for a revision 9 of plat for Estates at Turtle Creek, Section Two, Lots 39 and 40, Volume 6, Page 241. 10 1.26 Consider, discuss and take appropriate 109 11 action for the Court to set a public hearing for 10 a.m. on June 14, 2021 for a revision 12 of plat for River Dance Ranch, Lot 2, Plat File #20-08922. 13 1.27 Consider, discuss and take appropriate 111 14 action for the Court to set a public hearing for 10 a.m. on June 14, 2021 for a revision 15 of plat for Kerrville Country Estates, Section 2, Lot 37, Volume 4, Page 131. 16 1.28 Consider, discuss and take appropriate 114 17 action for the Court to approve a Preliminary Plat for the YOHQ Ranches Subdivision. 18 1.29 Consider, discuss and take appropriate 116 19 action to adopt the Kerr County 2020-21 Annual Road Condition Report. 20 1.14 Consider, discuss and take appropriate 126 21 action to approve a $50.00 donation from a citizen for the Sheriff's Equipment Fund. 22 1.15 Consider, discuss and take appropriate 126 23 action to approve a $1,000.00 donation for the Sheriff's Special Response Team Fund. 24 25 5 1 I-N-D-E-X 2 NO. PAGE 3 1.16 Consider, discuss and take appropriate 126 action to approve a $10,000 donation from 4 a citizen for the Sheriff's Special Response Team Fund. 5 1.17 Consider, discuss and take appropriate 126 6 action to approve a $750.00 donation from the Rotary Club of Kerrville for the 7 Sheriff's Office Training School. 8 1.18 Consider, discuss and take appropriate 126 action to approve a $500.00 donation from 9 a citizen for the Sheriff's Special Response Team Fund. 10 1.19 Consider, discuss and take appropriate 126 11 action to approve a $500.00 donation from Reeh Enterprises, Inc. for the Sheriff's 12 Special Response Team Fund. 13 1.30 Consider, discuss and take appropriate 128 action to approve the 2022 Kerr County 14 Resolution for the Indigent Defense Improvement Grant Program. 15 1.31 Consider, discuss and take appropriate 129 16 action to reappoint Rosa Lavender as the Kerr County Representative to the Alamo 17 Area Council of Governments (AACOG) Criminal Justice Advisory Committee (CJAC). 18 1.32 Consider, discuss and take appropriate 131 19 action on Implementation of the Burn Ban. 20 1.33 Consider, discuss and take appropriate 131 action to determine whether to allow the 21 retail fireworks permit holders to sell fireworks to the public in celebration of 22 Memorial Day, beginning May 26, 2021 and ending at midnight on May 31, 2021, pursuant 23 to Texas Occupations Code, Section 2154.202(g)(3). 24 25 6 1 I-N-D-E-X 2 NO. PAGE 3 1.34 Consider, discuss and take appropriate 133 action on request from Boy Scouts of 4 America to use courthouse grounds on Tuesday, May 18th for Cub Scout Pack signup. 5 2.1 Pay Bills. 136 6 2.2 Budget Amendments. 137 7 2.5 Accept Monthly Reports. 137 8 2.6 Court Orders. 138 9 3.3 Status reports from Liaison Commissioners. 139 10 4.4(a) Consider, discuss and take appropriate 140 11 action regarding construction costs for property located at 550 Earl Garrett and 12 roofing upgrade. 13 *** Adjournment. 153 14 *** Reporter's Certificate. 154 15 * * * * * * 16 17 18 19 20 21 22 23 24 25 7 1 JUDGE KELLY: Good morning. Kerr County 2 Commissioners' Court is now in session. It's Monday, 3 May 10th, 2021 at 9 o'clock in the morning. And if you 4 would, I believe -- I hate to catch you by surprise 5 here, but if you would stand for the prayer and the 6 pledge which will be led by Commissioner Belew. 7 (Prayer and Pledge.) 8 JUDGE KELLY: Please be seated. Just to 9 remind everyone, if you would put your phones on vibrate 10 so they don't go off during the court proceeding here. 11 First thing on the agenda, as always, is 12 public input. Anyone who would like to address the 13 Court, this is your opportunity for us to receive your 14 input. We ask that if it's on the agenda, what you want 15 to talk about is on the agenda, that you wait until that 16 agenda item is called. So if there's something that's 17 not on the agenda that the public would like to address, 18 this is your opportunity. 19 Okay. Very well. We'll move on to 20 Commissioners' Comments. We'll start with Precinct 1. 21 COMMISSIONER BELEW: Nothing to report. 22 COMMISSIONER MOSER: Let's see. We have a 23 town hall meeting on Wednesday, at 6:30 p.m., Center 24 Point cafeteria. And it's to let the public know about, 25 in more detail, about the planned developments -- three 8 1 different planned developments. Two in Precinct 2 and 2 one in Precinct 3. And Center Point Village first in 3 Center Point. And then Verde Creek Ranch between Center 4 Point and Camp Verde store. 5 And there's just been a lot of question by 6 the public of what's going on, especially with the new 7 Camp Verde -- I mean Verde Creek Ranch. So it's to let 8 the developers get there and say here's what we're 9 planning to do and Headwater and Groundwater will -- has 10 been involved so that will be -- that should be good. 11 Another thing is we talked a lot about 12 quarries and asphalt facilities and things like that. 13 Ingram Ready Mix is proposing or applied for permits to 14 put a Ready Mix facility at -- right near Fox Tank on 15 Highway 27. It's right at the entrance of West Texas 16 Aggregate. So we'll see how that goes. 17 Right now, West Texas Aggregate is selling a 18 lot of their material to Ingram Ready Mix, so it'll 19 eliminate some trucks and create other trucks. So I 20 don't know what the net truck traffic will be there. 21 And then the final thing is the new bridge 22 over Verde Creek at Witt Road has been -- it's been 23 approved by the TxDOT and -- and it will start, the 24 elected contract, in October. Probably start 25 construction in January. It should be through by June 9 1 of next year. So there will be a detour there for some 2 time. So that's all I've got. 3 JUDGE KELLY: Good. Precinct 3. 4 COMMISSIONER LETZ: Yeah. Well, I was -- 5 unfortunately, Tivy baseball lost over the weekend. 6 They had a good game up in -- they're two very good 7 teams, they lost to Cedar Park. But -- and so their 8 season came to an end, which was not great, but they had 9 a very good year. A lot of young -- very young kids 10 coming up and it will be a very young team next year. 11 So that will be interesting. 12 And on the same note, a lot of schools are 13 doing various events the next couple of weeks. And some 14 private schools are letting out, last week and this 15 week. And Tivy has events going on out at the stadium 16 tonight and around, so everyone be aware of that. 17 And everyone's offering jobs. I'm sure 18 there's a lot of kids in high school that would love 19 some summer work. 20 COMMISSIONER HARRIS: Speaking of schools, 21 Ingram Elementary had a huge turnout last week for their 22 duck races. A big fund raiser, and boy it's a great 23 community event. Big turnout. And it was very well 24 received for their first annual duck race. 25 COMMISSIONER MOSER: What kind of duck won? 10 1 COMMISSIONER HARRIS: A little yellow duck. 2 COMMISSIONER MOSER: Oh. 3 COMMISSIONER HARRIS: And if you bought one 4 and you had your name or your number on it, you're a 5 winner. They had a bunch of prizes and stuff. But they 6 raised a lot of money. And it was a good community 7 event. 8 Thankful for the rain we had. Things are 9 awful green. Looks like we've got a shot for some more 10 and hopefully that comes through with no bad stuff with 11 it. So that's all I got, Judge. 12 JUDGE KELLY: Very good. Okay. Let's move 13 on to the Consideration Agenda. Item 1.1 discussion and 14 update regarding COVID-19. Dub Thomas. 15 MR. THOMAS: Good morning, Judge. Good 16 morning, Commissioners. Well for COVID-19, as far as 17 our numbers go, as of May the 10th, this morning, we 18 had -- and this is off the dashboard because I only get 19 the spreadsheet from DSHS once a week now. I get it on 20 Mondays, so sometime this afternoon I'll get another 21 update from them. 22 So we have 45 active and we had six in the 23 hospital as of Friday. I think that number is going to 24 be considerably lower this morning. But we'll know 25 something later on this afternoon. 11 1 Vaccinations. We're still continuing to 2 vaccinate people. Last week, Monday through Friday, 3 Texas Military Department was here. We vaccinated 666 4 people total. That was both first vaccine and second 5 doses as well. The total vaccines allocated to Kerr 6 County has been 20,100. Total number of vaccines given 7 is 30,151. 8 Those with at least -- who have had at least 9 one dose is 17,731, and 13,558 people have been fully 10 vaccinated. And so that -- that should include the 666 11 that we vaccinated last week. They're supposed to 12 update those within 24 hours. So vaccinations are 13 coming along. 14 I think we're about to the point of 15 saturation, meaning the number of vaccines running 16 around through the County or Walmart, HEB, CVS, you can 17 just about get a vaccine anywhere. In fact, I was told 18 last week that they were announcing it over the loud 19 speaker at Walmart to come get your COVID-19 vaccine, 20 but nobody was in line. So you can get it just about 21 anywhere now. 22 We're are going to have Texas Military 23 Department back here on June 1st and 2nd, and that will 24 be to complete the second doses for the ones that we did 25 last week and anybody else who wants a second dose. So 12 1 we did five days for one dose and it was -- I consider 2 666 a small turnout. But I think we can do those second 3 doses in two days and be done with it. 4 And I'm pretty positive that -- that 5 Peterson Health is going to be doing one more clinic 6 with Johnson and Johnson probably this week. And that 7 information will come out probably later on today. 8 That's all I have for COVID. 9 COMMISSIONER MOSER: Very good. 10 JUDGE KELLY: Dub, I've got a question. 11 I've been reading that it looks like maybe the country's 12 not going to reach herd immunity. You staying up with 13 that? 14 MR. THOMAS: I have not heard that. 15 JUDGE KELLY: Apparently not enough people 16 have taken the vaccination -- vaccine at this point that 17 we may not reach herd immunity. And I'm not sure what 18 that portends for us. I know this is not -- I don't 19 want to catch you off guard right now, but at a future 20 meeting I -- it might be good if you could look into 21 what that's going to look like for us if we don't reach 22 herd immunity and COVID-19 stays around, because it 23 looks like that's a possibility. 24 MR. THOMAS: I think everybody's been under 25 the impression that it's going to stay around anyway, 13 1 regardless. But it just depends on how bad it's going 2 to stay around and how many people are going to be 3 affected. 4 JUDGE KELLY: Well, you know, if it's -- if 5 it's like the flu, and we didn't really have the flu 6 season this year because of all our safety precautions, 7 but you just get an annual vaccine. Get an annual 8 vaccination. If it's going to be something like that, 9 I'm just looking to report to the people to let them 10 know what to plan on for the future because it may mean 11 that we go get a vaccination every year. 12 MR. THOMAS: I've heard rumors of additional 13 vaccines every year like the flu shot. And I've only 14 heard rumors so I haven't been able to get that 15 confirmed. But as soon as that does, we'll be sure to 16 put that out. 17 JUDGE KELLY: I don't want to alarm anyone 18 other than I just want us to be prepared for whatever's 19 coming. 20 MR. THOMAS: Right. 21 COMMISSIONER MOSER: Judge, Dr. Makary's on 22 the national TV quite often. On herd immunity, he 23 thinks there's -- his opinion and I think he's supported 24 daily, that there's a lot of immunity because of natural 25 immunity, in addition to vaccines. To just look at 14 1 vaccine and you say, yeah, we're not getting there. But 2 I've heard him say very -- very succinctly that he 3 predicted herd immunity in April and he -- the other 4 day, I think probably the last day or two, said he 5 thinks it's there. So it's -- and I guess the only way 6 to find that out is by doing the antibodies and see if 7 you have any of them. 8 JUDGE KELLY: Whichever. I -- I just want 9 us to be up to speed on whatever it is so that we can 10 tell the public what to expect. 11 You've got another item on the agenda, Dub. 12 Is there anything else on COVID-19? 13 MR. THOMAS: Nothing else on COVID. 14 JUDGE KELLY: Let's move on to 1.2 consider, 15 discuss and take appropriate action regarding update, 16 facility use and other matters related to the severe 17 winter weather disaster. 18 MR. THOMAS: Okay. The -- what I have for 19 you this morning is the update on the i-STAT numbers. 20 People have been going in to complete the individual 21 assistance surveys. We've got until May the 20th to do 22 individual assistance surveys as well as public 23 assistance surveys. All that deadline has been 24 extended. 25 As far as our numbers for the i-STAT, which 15 1 is individual assistance, we -- we're having -- showing 2 3 destroyed, 177 with major damage, 122 with minor 3 damage, 58 affected, 205 with minimal damage, and a 4 total of 565. So over about the last week or so we've 5 had probably 20 people go back in and complete the 6 survey. 7 I did get a call from TDEM on Thursday, 8 wanting some supporting documentation that they could 9 send along with our individual assistance surveys, 10 basically amounting to how many people were without 11 power, how many people were without water and those 12 types of things. A lot of that -- and boil water 13 notices. 14 A lot of that information we were able to 15 get from the TCEQ website. The one thing that we 16 couldn't get was the total number of people in Mountain 17 Home that had gone without water. So I told them to use 18 the number that the 9-1-1 system gave me, which was over 19 1300 addresses. I said just give them that number. 20 That's how many people were without water. 21 So hopefully if I -- and I don't think we're 22 going to hear anything until after May the 20th. May 23 the 20th is the deadline for all the individual 24 assistance and public assistance surveys. I don't -- I 25 don't see FEMA doing anything until they get all the 16 1 documentation in for all the counties. So hopefully 2 we'll hear something after -- shortly after May the 3 20th. 4 COMMISSIONER HARRIS: No clue how long that 5 will take, though? 6 MR. THOMAS: No, sir. 7 COMMISSIONER HARRIS: Federal government. 8 JUDGE KELLY: Well, they're here to help us. 9 Okay, let's move on to item 1.3 consider, 10 discuss, and take appropriate action regarding the MOA 11 (Memo of Agreement) with FEMA for including iPAWS in 12 conjunction with the CodeRed system and permit the 13 County Judge to sign same. 14 MR. THOMAS: Yes, sir. So a couple months 15 ago we talked about adding iPAWS to our CodeRed 16 system -- 17 COMMISSIONER MOSER: Tell us -- tell us what 18 iPAWS is? 19 MR. THOMAS: IPAWS is the Integrated Public 20 Alert and Warning System. And it basically combines the 21 emergency alert system and another system that FEMA runs 22 together that we can use to -- along with our CodeRed 23 system to notify folks in some type of emergency. 24 This is the last step. The Memorandum of 25 Agreement is basically just our agreement with FEMA that 17 1 we're going to operate that iPAWS system within their 2 rules and that we're not going to abuse that. And it 3 just -- it requires the Judge's signature. 4 COMMISSIONER BELEW: The County Attorney has 5 looked at it? 6 MRS. STEBBINS: Yes, sir. 7 COMMISSIONER BELEW: Is it standard stuff? 8 MRS. STEBBINS: Yes, sir. Nothing we can 9 change anyway. 10 MR. THOMAS: Standard federal -- standard 11 federal input. 12 COMMISSIONER BELEW: Well, I mean, did you 13 even understand it? 14 MRS. STEBBINS: Yes. But -- and I said this 15 to Dub earlier, even if I wanted to change it, I 16 couldn't. 17 COMMISSIONER BELEW: Right. So you -- we 18 sign it as is or -- there's no way to make any changes 19 per County, it's all the same, right? Rubber stamp. 20 MRS. STEBBINS: Right. I mean, we could 21 write in changes if we wanted to but I don't know if -- 22 COMMISSIONER BELEW: And they'll just say we 23 didn't see that. 24 JUDGE KELLY: Shall we salute? 25 MR. THOMAS: Yes, sir. 18 1 JUDGE KELLY: Okay. Is there a motion? 2 COMMISSIONER MOSER: Move for approval of 3 approving the Memorandum of Agreement with FEMA on iPAWS 4 and authorize the Judge to sign same. 5 COMMISSIONER LETZ: I'll second. But one 6 question, what's the benefit? 7 MR. THOMAS: It's just another avenue for us 8 to notify people when we have an emergency. 9 COMMISSIONER MOSER: And for us to be 10 compatible with their system. 11 JUDGE KELLY: I think it's just an 12 additional database that we have available to alert 13 people. 14 MR. THOMAS: Well, it will allow us to break 15 in to local radio stations to put in emergency alerts. 16 So like the -- the emergency alert system that you hear 17 that the local radio stations put out a couple times a 18 week or a couple times a month, we'll be able to break 19 into that system and use that for emergency 20 notifications. 21 COMMISSIONER BELEW: Well, that requires 22 equipment. How do they propose we do that? Because 23 that comes to us via San Antonio right now. 24 MR. THOMAS: Well, that's -- it goes through 25 FEMA. 19 1 COMMISSIONER HARRIS: Big brother has a way. 2 MR. THOMAS: Big brother. 3 COMMISSIONER BELEW: Well, a few years back 4 they changed all the emergency alert systems so that we 5 would have this standardized thing in the country. I 6 had to go through the process and changing out for six 7 different radio stations. And it still doesn't really 8 work correctly. 9 Just so everybody will know. That's our 10 Federal Government. They've got us all on the same page 11 so that we could all be equally confused. And so I 12 don't -- I would like to know how that would work. 13 Because what we get for this immediate area comes out of 14 San Antonio, and the daisy chain is from here to 15 Junction and so on down the line. 16 I don't know how we, in Kerr County, or in 17 our Hill Country area, how we would have our person -- 18 our immediate area's message in there. I don't know 19 that it can be done with the equipment that we have. So 20 are we signing up for something we'll never realize, is 21 my question. 22 MR. THOMAS: Oh, no. I -- we'll be able to 23 realize it. We have to -- we've just got to have the 24 agreement first before I can even access their training 25 database. 20 1 COMMISSIONER BELEW: Is it going to cost us 2 something? 3 MR. THOMAS: Absolutely free. 4 COMMISSIONER BELEW: I'm not so sure. 5 COMMISSIONER MOSER: But it's a way for 6 CodeRed and you to input to the system, is that what -- 7 MR. THOMAS: Yes, sir. 8 COMMISSIONER MOSER: Yeah. That -- to me, 9 that's a -- I don't see any downside unless there's 10 equipment. 11 JUDGE KELLY: So that's a second? 12 COMMISSIONER LETZ: Yeah, I seconded it. 13 JUDGE KELLY: Okay. So we got a motion by 14 Commissioner Moser, second by Commissioner Letz to 15 approve the Memorandum of Agreement with FEMA for the 16 iPad -- iPAWS system. Any other discussion? 17 COMMISSIONER LETZ: A comment. Dub, after 18 we're -- we've looked at it and see, I'd like you to 19 come back and see the value of it really, its importance 20 to us. After you've had the training and see what it 21 does? 22 MR. THOMAS: Sure. 23 COMMISSIONER LETZ: And I guess what 24 concerns me is that, you know, through FEMA and all the 25 planning, my recollection is that there was a mass 21 1 immunization sector, which Kerrville was one of those, 2 and it was thrown out the window and not used when COVID 3 came through. So I'm not -- I don't have a whole lot of 4 confidence in FEMA because they make us through a plan, 5 which we -- the Court had approved, and then they didn't 6 follow the plan, as I understand it. Is that correct? 7 MR. THOMAS: That's correct. 8 COMMISSIONER LETZ: So, you know, I'd 9 like -- if you can report back as to, you know, how this 10 will work at some point I'd appreciate it. 11 MR. THOMAS: I'll be glad to do that. 12 COMMISSIONER LETZ: Okay. 13 JUDGE KELLY: I think the confidence factor 14 is obvious. 15 COMMISSIONER BELEW: Well, from what I 16 understand of this, it can't be executed. The way it's 17 being described. And I'm not saying that you said 18 anything wrong, Dub, or that they have miscommunicated, 19 but I don't know how in the world it will be done with 20 the system we have set up because I know how it works. 21 So as far as broadcast. I don't know what you guys do 22 with emergency stuff behind the scenes, but -- 23 MR. THOMAS: I'll let you know. 24 COMMISSIONER BELEW: That would be great. 25 JUDGE KELLY: Well, as our Emergency 22 1 Management Coordinator, I'm going to vote to give you 2 this tool for your tool box -- 3 MR. THOMAS: Thank you. 4 JUDGE KELLY: -- and let us know how it 5 works. So all those in favor raise your hand. And 6 opposed? Four one. 7 (Commissioner Belew opposed.) 8 JUDGE KELLY: Okay. Airport Board. 1.4 9 consider, discuss and take appropriate action to approve 10 John A. Major as a new member of the Kerrville-Kerr 11 County Joint Airport Board. Mark Mosier. 12 MR. MOSIER: Thank you, Judge and 13 Commissioners. Mark Mosier, President of the 14 Kerrville-Kerr County Airport Board. And as many of you 15 may know, our Board is made up of five volunteers. And 16 personally I've been involved with in one way or 17 another, not necessarily a board member but I've been on 18 committees for nine years, and in my opinion this is the 19 strongest board we've had to date. 20 And looking ahead, based on the applicants 21 we've had, I predict it's going to continue to get 22 stronger. 23 With five year terms, which is about what it 24 takes to hit the stride because there's a lot to know 25 and understand the way everything works and do the best 23 1 job you can, we lose one member a year. If we lose more 2 than that it would really impact our continuity so I 3 applaud you in allowing us to have these five-year terms 4 to keep continuity and such. 5 This year we advertised for the position, as 6 we usually do. And we're really blessed with some 7 tremendous applicants. We jokingly said it might be in 8 the best interest of the airport if all five of us 9 resign and took on these five top members because it was 10 difficult just to narrow it down to the top three. Very 11 difficult. And now it's the top three, it -- it was -- 12 its been a tough choice. 13 But the top choice did eventually show 14 himself and I'm very pleased to bring our new member 15 before you today. You know, I've always been told in 16 business, a good CO is try to hire somebody better than 17 them, but I think we achieved that. 18 Today we have -- our recommendation is John 19 Major. John's background is extensive. He worked for 20 what most people in the County -- at the top accounting 21 firm in the country, KPMG. And John's position with 22 KPMG, which is a large company, was working with private 23 equities. And I have a background in private equities. 24 And so he has to be able to understand the diplomacy of 25 communication, working with these groups. And sometimes 24 1 it's controversial, sometimes -- you know, somebody told 2 me that when you're working with somebody's pocketbook, 3 it's close to their heart, you know, so John understands 4 that. 5 And his glass truly is half full as you'll 6 understand and get to know him. He brings his own 7 attitude, which is contagious. He's very contagious, 8 very optimistic, yet he knows how to get things done and 9 finish it. 10 And John recently retired a year or two ago 11 and he's not one to sit around, so he got his CFI, with 12 is a certified flight instructor, and he's an avid pilot 13 and we need instructors -- we need good instructors at 14 the airport. We are short on that and John helps to 15 fill that void also. He has been active at the airport 16 and although he'd be a new member, he's really current 17 in what's going on. 18 And anyway, I'd like to introduce John 19 Major. Would you like to take the floor? 20 MR. MAJOR: Sure. Well, thank you, Mark, 21 for that kind introduction and good morning. I 22 appreciate the opportunity to be before this Commission 23 today. 24 My name is John Major. I'm delighted to be 25 here and be considered for the opportunity to join the 25 1 Airport Board. As much as Mark sort of talked about my 2 experience in 30 plus years professional, despite this, 3 you know, young demeanor look, you know, I do have a 4 fair bit of experience that I hope to bring to the Board 5 out at the airport. 6 One of the factors, I think I would just add 7 and mention that in my professional experience as a CPA, 8 and I'm still a Texas CPA, is that I've had a number of 9 experiences working with a lot of aerospace and 10 companies and so having been a pilot for just over 40 11 years and also understanding sort of the people that 12 interact with the aerospace and defense companies, the 13 airplane manufacturers and the repair people, the flight 14 schools, fractional jet operators, I think one of the 15 things that gives me is the basis to understand what the 16 people are that are approaching the airport and what 17 they're looking for. 18 And then in my own mind, sort of keeping in 19 mind the alignment of what the people in this County 20 want and I think that's sort of the best and highest use 21 that I can bring to the board, is sort of keep in mind 22 what the people of this County want for that airport and 23 then have that benefit of sort of understanding what the 24 background is of the people that are approaching that 25 airport for development opportunities. So I won't go 26 1 on. 2 I did have a resume that I think Mark and 3 Mary put into the package today, so you can take a look 4 at that. But I'd welcome any questions that you have of 5 myself, as you consider my opportunity. 6 COMMISSIONER MOSER: John, let me comment 7 about something that I think is really important at the 8 airport. In addition to just airplane owners, operators 9 and things like that, in consideration for Board 10 members, I think it's critically important to have 11 somebody with experience that you have in business, 12 okay, because that $17 million of assets that we have 13 out there are important and they have potential for 14 growing a lot, okay, and I think it's -- it's great that 15 with your experience you can bring that to the table and 16 be a member, you know, of the airport board. 17 One question is, how long have you lived in 18 the Kerrville area and why did you move here? 19 MR. MAJOR: That's a great question. So my 20 wife and I in anticipating we would eventually retire, 21 were looking for a place to go and so I sort of had the 22 benefit of looking all over the country. Started 23 looking at Kerrville, the Hill Country, about ten years 24 ago. Bought a house in Kerrville eight years ago, just 25 outside of town, on the west side of town out here off 27 1 Sheppard Rees and moved in full-time. I was commuting 2 back and forth for that eight years since I've owned the 3 house. And about a year and a half ago we moved down 4 here full time. 5 Why I moved down here? I think quite 6 honestly there's a number of factors that came to play. 7 The people, just the environment, you know, being in 8 Texas. This is an awesome place to live and grow. 9 We've got incredible assets in the airport as you 10 mentioned and I think there's a legacy that we have to 11 preserve in that airport and maybe grow. 12 It sort of happened at the same time that 13 about that 2012, 2013, the airport finished another row 14 of T-hangars. So when I located down here and bought 15 the house, I was on a list for about two years to get 16 into those T-hangars from about ten years ago so eight 17 years ago when they opened up, I jumped in and have been 18 a tenant of the airport as well. 19 So I've been over a lot of different 20 airports in this country and flown in and out and I 21 think the airport for me was one of the things that 22 helped me decide to be here and my wife and I just 23 loved, you know, the weather and the people. We like it 24 when it rains, too, but we don't get as much of that as 25 we'd like here. 28 1 COMMISSIONER MOSER: Thank you. Thank you. 2 MR. MAJOR: You bet. 3 COMMISSIONER LETZ: Well, I think that you 4 bring a -- you know, the right mix to the Airport Board. 5 We like to have people with diverse background that are 6 all related to aviation so you certainly fit that bill. 7 So I'll make a motion to approve your appointment to the 8 Airport Board. 9 COMMISSIONER MOSER: Second. 10 JUDGE KELLY: Motion's been made by 11 Commissioner Letz, seconded by Commissioner Moser to 12 approve John A. Major as a new member of the 13 Kerrville-Kerr County Joint Airport Board. Is there any 14 discussion? Those in favor raise your hand. Unanimous. 15 John, step forward, let me swear you in. 16 (John A. Major was sworn in by Judge Kelly.) 17 JUDGE KELLY: Okay, moving on to Item 1.5 18 consider, discuss and take appropriate action to approve 19 the Kerrville-Kerr County Joint Airport Board budget for 20 FY 2021-2022. 21 I see Mary back there. Is it Mark or Mary, 22 who's going to do this. 23 MRS. ROHRER: I'm going to do it. 24 COMMISSIONER MOSER: The Mark and Mary show. 25 MRS. ROHRER: The Mark and Mary show. Good 29 1 morning, Commissioners. Thank you very much. And the 2 Judge. I'm here to present the Airport Board budget for 3 Fiscal Year 2021 to 2022. 4 This is our proposed budget which hasn't 5 changed very much from last year. It's pretty -- our 6 income, basically what we receive from our lease income 7 and our various fees that we charge is a balanced budget 8 with our proposed expenses. So we're able to operate, 9 pay for salaries, pay for maintenance, pay for things 10 out at the airport on a day-to-day operations based on 11 the income that we receive from our leases. So that's 12 big picture of what I want to make sure y'all 13 understand. 14 We -- last year's budget was approved in -- 15 whatever, this time last year, when it was in the midst 16 of COVID. So we weren't quite sure where we were going 17 to be on income with last year's budget, so if you 18 compare it to last year's budget, you can see this 19 year's is a lot stronger than last year's. But if you 20 go back two years, we're basically catching up to where 21 we were pre-COVID. 22 We've -- you know, in our income that, 23 obviously as John mentioned, that all of our T-hangars 24 are still 100 percent leased and all of our hangars are 25 leased, all of our offices are leased and we have 30 1 waiting lists. So we don't believe that that nice solid 2 income that we based over many years of making 3 investments is going to change for this year, so we're 4 probably going back to our full income. 5 We've also seen that the other piece is that 6 our operator Kerrville Aviation is back to selling fuel 7 as much as he did pre-COVID. So in other words, we get 8 a percentage of fuel fees from the airport with that, 9 and so we've gone ahead and reinitiated the actual 10 income from 2020 into this years. 11 And we actually think -- and we probably 12 will need to see that. Because again we've seen a lot 13 of air traffic here recently as well. So hopefully 14 we'll be able to increase our budget on that as well. 15 So that's our budget side. 16 If you go down to the bottom line on page 1, 17 it goes back over the previous years. We've had a 18 couple pieces of -- where we've had insurance proceeds. 19 So the insurance proceeds kind of mix up the bottom 20 line. So if you just looked at the end of that $470,000 21 number, that's an easier one to compare year to year 22 because we've got insurance proceeds in different years 23 and different income on there. So that's basically the 24 outline of our income. Do you all have any questions 25 regarding income? 31 1 COMMISSIONER MOSER: Yeah, Mary. I've got a 2 couple questions. I think just for clarity, County can 3 approve or disapprove the airport, the budget submitted. 4 It's not the change -- but a couple questions. On 5 page 1, there's a line item that hadn't been there 6 before, which is airport land and structures, and the 7 budget for 20 -- and proposed budget last year was 8 $142,000. What is that for? 9 MRS. ROHRER: So it used to be one line 10 item, it just used to have -- everything was just at 11 airport leases. So what we did last year is we 12 segregated out the land leases from the land and 13 structure lease. 14 COMMISSIONER MOSER: Oh, I see. 15 MRS. ROHRER: That's all it was. It was 16 just an accounting so that we could keep track better 17 of -- 18 COMMISSIONER MOSER: Okay. 19 MRS. ROHRER: -- what the land leases were, 20 because that's a smaller percentage, versus the land and 21 structures. 22 COMMISSIONER MOSER: Okay. I think my other 23 questions are not that significant so I can talk to you 24 outside. But they're -- they're fine. I mean, it's 25 just the fact that County and City are not contributing 32 1 anything to the airport operations in your budget. 2 That's good. 3 MRS. ROHRER: Yes, sir. 4 COMMISSIONER BELEW: I have a question, 5 Mary. 6 MRS. ROHRER: Sure. 7 COMMISSIONER BELEW: Do you -- barring last 8 year or last -- 9 MRS. ROHRER: Uh-huh. 10 COMMISSIONER BELEW: -- the last that 11 happened, are we trending upward each year? 12 MRS. ROHRER: Yeah. It's great. 13 COMMISSIONER BELEW: I don't want to put you 14 on the spot, but do you have a percentage? 15 MRS. ROHRER: Well, again, if you can -- I'm 16 going to say the easiest way for us to manage on what -- 17 how we see our airport going is basically the fuel flow 18 receipts, so we get a percentage of the fuel flow 19 receipts. So if you take a look at what our fuel flow 20 receipts was in 2018 was about 33,000, and then 38, then 21 40. And we would probably go to 42 this year until we 22 know what was going on, but we've actually seen the 23 percentage of actual fuel that is pumped at the airport, 24 which is basically an indicator of activity going on 25 there, so yes. 33 1 COMMISSIONER BELEW: So we're trending up? 2 MRS. ROHRER: Trending up. And I think 3 there's -- I mean, I've only been here for a couple 4 years, but I definitely feel that there's -- it's 5 feeling good. In other words, people are out and moving 6 around. There's airplanes on the ramp. There's still 7 planes in hangars -- 8 COMMISSIONER LETZ: Mary, I think we've 9 added -- or after the Interlocal will be coming, almost 10 is finished that we've been working on for the last six 11 months. But there's a provision that's been added to 12 that about the City and the County funding -- having 13 a -- I guess a capital fund. 14 MRS. ROHRER: Right. 15 COMMISSIONER LETZ: There's no amount 16 specified, as I recall, in the Interlocal Agreement, or 17 not going to be a specified amount. Is there a 18 provision in the budget to request that from the City 19 and the County so that that fund can start building? 20 MRS. ROHRER: Yes. On the last page, page 21 6. I guess would be page 6. It's just a smaller table. 22 It would be -- the item that's called master plan, which 23 is the third on the line item. So at the very back of 24 that would be our request to get started on doing that 25 infrastructure and making sure we have the ability to 34 1 move forward with that -- that capital expense. 2 COMMISSIONER LETZ: So the request to the 3 City and County is $150,000 -- 4 MRS. ROHRER: Yes. 5 COMMISSIONER LETZ: -- to go into that fund? 6 MRS. ROHRER: Yes. 7 JUDGE KELLY: Each. 8 MRS. ROHRER: Each. Yeah. 9 COMMISSIONER LETZ: Each? 10 MRS. ROHRER: Right. 11 COMMISSIONER LETZ: Okay. 12 MR. MOSIER: The master plan is really the 13 only language that the TxDOT Aviation Division can 14 speak. When we go for approval on a capital development 15 for example, that's the first thing they look at. And 16 they -- they brought it to our attention that we need to 17 update it. 18 COMMISSIONER MOSER: I move for approval for 19 the airport board budget for this next year to be 20 approved as presented. 21 COMMISSIONER LETZ: Second. 22 JUDGE KELLY: Motion's been made by 23 Commissioner Moser, seconded by Commissioner Letz to 24 approve the budget presented by the Kerrville-Kerr 25 County Joint Airport Board for 2021-22. Any other 35 1 discussion? 2 COMMISSIONER LETZ: I'll make a comment 3 that -- it won't impact the budget. But we are looking 4 at the -- through the Interlocal Agreement -- insurance 5 out there, how it's handled. And there will be probably 6 a slight change. It's not going to change the bottom 7 line numbers. But it may change that line item as to 8 how the insurance is paid for. And we're trying to work 9 that out through TAC and the City, and Jennifer and 10 myself. 11 JUDGE KELLY: Okay. Any other discussion? 12 Then those in favor raise your hand. Unanimous, five 13 zero. 14 COMMISSIONER MOSER: Good job. 15 MRS. ROHRER: Okay. Thank you very much. 16 JUDGE KELLY: Thank you. Okay. Moving on 17 to Item 1.6 consider, discuss and take appropriate 18 action to authorize Texas Parks and Wildlife Department 19 contractors to spray for Arundo donax on Kerr County 20 property. Ms. Bushnoe. 21 MS. BUSHNOE: Good morning, Judge, 22 Commissioners. Tara Bushnoe with the Upper Guadalupe 23 River Authority. The Texas Parks and Wildlife's 24 Department Healthy Creeks Initiative Program. UGRA 25 coordinates this program for the Upper Guadalupe River. 36 1 And it's to treat Arundo donax, which is an invasive 2 giant cane that grows in our stream side area, and 3 herbicide as management. And I'll coordinate for the 4 properties owned by Kerr County, like Flat Rock Park 5 with Shane Evans, as far as when the treatment will 6 occur and then in the County right-of-ways or along low 7 water crossings on county roads, county-owned roads, 8 with Kelly Hoffer. 9 So far, we're -- just have a list of 10 locations that are the same as we have done in previous 11 years that take a couple of years of treatment in order 12 to completely kill the cane. But if we identify 13 additional locations then I'll coordinate with Shane and 14 Kelly to get those in the program to be treated. 15 COMMISSIONER LETZ: I'll -- 16 COMMISSIONER HARRIS: I'll -- 17 COMMISSIONER LETZ: -- move for approval. 18 Go ahead. 19 COMMISSIONER HARRIS: I'll second then. 20 JUDGE KELLY: Okay. We have a motion by 21 Commissioner Letz, seconded by Commissioner Harris to 22 authorize -- to approve and authorize Texas Parks and 23 Wildlife contractors to spray for Arundo donax on Kerr 24 County properties. Any other discussion? 25 COMMISSIONER HARRIS: Yeah. Tara, are we 37 1 making progress? 2 MS. BUSHNOE: In the locations that have 3 been treated, yes. I mean, it is killing that -- 4 killing the cane. As far as, you know, percentage we 5 have in the County, you know, it's like feeding an 6 elephant. There's a lot of it out there. So I think 7 just doing something is better than nothing and -- 8 COMMISSIONER HARRIS: It will be an ongoing 9 process. 10 MS. BUSHNOE: Yeah. I think it will. But 11 there's about 76 private land owners and then entities 12 like City of Kerrville that were signed up for it last 13 year. And if we keep building on that, ideally you have 14 a neighbor that tells their neighbor that tells their 15 neighbor, and you can get a consistent management within 16 a structured -- 17 COMMISSIONER HARRIS: Good. That will be a 18 good one. 19 JUDGE KELLY: Okay. Then those in favor 20 raise your hand. Five zero, unanimous. 21 1.7 consider, discuss and take appropriate 22 action to allow Texas Parks and Wildlife Department 23 contractor to fill water tanks at the Hill Country Youth 24 Event Center for the Healthy Creek Initiative Program to 25 manage the giant cane (Arundo donax). Tara Bushnoe. 38 1 MS. BUSHNOE: So the contractor's rig has 2 about a 300 gallon tank that they've had the last couple 3 of years they need to fill up with water to do the 4 herbicide and they'll fill it up once or twice a day 5 that they're here. 6 They can fill up at UGRA and that's 7 primarily what they've done during the past years. I 8 want to have another location for eastern Kerr County 9 available for them to fill up. So if they're -- if 10 that's a more convenient location for them for wherever 11 they're treating that day, they'll give Shane Evans a 12 call and ask if they can come on to fill up the tank. 13 COMMISSIONER MOSER: So you'd be -- fill up 14 a 300 gallon tank a couple of times a day for -- what 15 was that, 25,000 gallons out there? 16 MS. BUSHNOE: Yes. 17 COMMISSIONER MOSER: Something like that, I 18 believe. 19 COMMISSIONER HARRIS: I move for approval. 20 COMMISSIONER BELEW: Well, does somebody 21 have to been there to help them or can they just pull up 22 and do it? 23 MS. BUSHNOE: They haven't had to in the 24 past. They've given Shane a call just the first time 25 that they provide for the season and then he'll let them 39 1 know what to do. I believe the gate is open during 2 business hours, and that's primarily it. 3 COMMISSIONER BELEW: Sure. Okay. 4 COMMISSIONER LETZ: Second. 5 JUDGE KELLY: Okay. We've got a motion by 6 Commissioner Harris, second by Commissioner Letz, to 7 allow the Texas Parks and Wildlife Department contractor 8 to fill tanks at the Hill Country Youth Event Center for 9 the Healthy Creeks Initiative Program. Any other 10 discussion? Those in favor raise your hand. Unanimous, 11 five zero. 12 Moving on to 1.8 consider, discuss and take 13 appropriate action regarding Interlocal Agreement 14 between UGRA and Kerr County regarding the Guadalupe 15 River crossing patrols. Ms. Bushnoe. 16 MS. BUSHNOE: So this is the next one are 17 litter related. We've had this Interlocal Agreement 18 since 2017 to have additional patrols at three of our 19 locations that have the most litter. The UGRA funds a 20 contractor to pick up trash at 15 crossing locations 21 throughout Kerr County. 22 And we -- they provide an amount of trash 23 that they picked up during each visit and we compiled 24 that. The three that consistently have the most trash 25 are Hunt Crossing, Ingram Dam and Brinks Crossing, which 40 1 would make sense. They are the three highest recreated 2 crossings in the County. So for the past three, four 3 summers, primarily Reagan Givens and Sean Gore have done 4 a great job doing the litter control. And the outlines 5 that reimbursement to them, and then the County to allow 6 them to patrol in their uniforms and also use County 7 vehicles. 8 COMMISSIONER MOSER: That's really just the 9 visibility of law enforcement there and communication 10 with the public, so -- for that. 11 MS. BUSHNOE: Yeah. 12 COMMISSIONER MOSER: So I move for approval. 13 COMMISSIONER BELEW: Second. 14 JUDGE KELLY: Motion's been made by 15 Commissioner Moser, seconded by Commissioner Belew to 16 approve the Interlocal Agreement between UGRA and Kerr 17 County regarding the Guadalupe River crossing patrols. 18 Any other discussion? 19 COMMISSIONER HARRIS: Reagan, I believe 20 you've been one of the one's that's been involved in 21 that, haven't you? 22 MR. GIVENS: Yes, sir. 23 JUDGE KELLY: Okay. Those in favor raise 24 your hand. Unanimous, five zero. 25 And your last one 1.9. 41 1 MS. BUSHNOE: Last one. 2 JUDGE KELLY: Consider, discuss and take 3 appropriate action regarding the UGRA River Clean Up 4 volunteers using Hill Country Youth Event Center 5 Dumpster. Ms. Bushnoe. 6 MS. BUSHNOE: So again, for 2021 we're not 7 going to hold our big one-day River Clean Up Event at 8 Flat Rock Park as we've done in years past. So this 9 year, we're going to continue the format of last year, 10 which is an on-your-own and groups will have opportunity 11 to sign up and clean up on their own schedule anytime 12 from July through October. 13 So I will coordinate for the City of 14 Kerrville. I'm going to -- I will identify some 15 locations where they can dispose of their trash. So 16 usually we brought it all to Flat Rock Park on that one 17 day and it was taken away. We have our dumpster at UGRA 18 as well as a couple other locations and then, like I 19 said, have available the dumpster at the Hill Country 20 Youth Event Center for that trash. 21 We did this in 2020 as well, and I sent Jake 22 an e-mail every couple of weeks just to ask, is that 23 going okay, has there been any issues, and he'd let me 24 know if there was a large event, for example, that was 25 going to probably use up most of the dumpster space 42 1 coming up and that all seemed to work well. 2 COMMISSIONER HARRIS: And we have a couple 3 extra dumpsters that weren't there in the past, so -- 4 MS. BUSHNOE: Oh, great. Okay. 5 COMMISSIONER HARRIS: I move for approval. 6 COMMISSIONER BELEW: Second. 7 JUDGE KELLY: Motion's been made by 8 Commissioner Harris, seconded by Commissioner Belew to 9 approve the UGRA River Clean Up volunteers using the 10 Hill Country Youth Event Center Dumpster. Any other 11 discussion? Those in favor raise your hand. Unanimous, 12 five zero. 13 Thank you very much, Miss Bushnoe. 14 MS. BUSHNOE: Thank you very much. 15 JUDGE KELLY: Give our best to Ray. 16 MS. BUSHNOE: I will. Have a good day. 17 JUDGE KELLY: We have a timed item at 9:30. 18 We're running a little bit behind. And that is 1.10 an 19 update regarding Memorial Day Event. Is Miss Sanchez 20 here? 21 COMMISSIONER MOSER: Oh, there she is. 22 JUDGE KELLY: I thought she was waiting 23 outside. 24 MS. SANCHEZ: Good morning. How's everyone 25 today? 43 1 COMMISSIONER MOSER: Good. Thanks. 2 MS. SANCHEZ: I just wanted to give a quick 3 update for the Memorial Day Event. Everything is going 4 great. Mr. Jeff Harris has graciously volunteered to be 5 our emcee this year. He's a Marine Veteran. And then 6 we have Mr. Jake Williamson from the Hill Country Youth 7 Event Center, he's going to be our stage manager. And 8 he's an Army Veteran. We have a Tivy Junior ROTC will 9 be posting the colors this year. It's really coming 10 along really well. A couple things we're finalizing. 11 But just wanted to give you an update and see if you 12 have any questions for me? 13 COMMISSIONER MOSER: And who's going to be 14 your speaker? 15 MS. SANCHEZ: Colonel Lousma, which 16 Commissioner Moser will be introducing. He is a retired 17 Marine Colonel and also an astronaut. So I'm very 18 excited. Very, very excited for this year. 19 COMMISSIONER MOSER: And that's on the 31st? 20 MS. SANCHEZ: Yes, sir. At 10 o'clock. 21 Yes, sir. 22 COMMISSIONER MOSER: Okay. Good deal. 23 COMMISSIONER LETZ: 10 o'clock? 24 MS. SANCHEZ: Yes, sir. 25 COMMISSIONER LETZ: Good. 44 1 MS. SANCHEZ: And of course the Judge will 2 be providing our welcoming remarks. So very excited. 3 Everything is coming along well. 4 JUDGE KELLY: And I'm an Army Veteran. 5 MS. SANCHEZ: And you're an Army Veteran. 6 Yes, sir. So everything's coming along very well. I 7 just wanted to give you an update on everything and see 8 if you have any questions for us. But I think everybody 9 knows Mr. Harris. 10 COMMISSIONER MOSER: Good job. 11 COMMISSIONER BELEW: Good job. 12 JUDGE KELLY: Okay. Thank you very much. 13 MS. SANCHEZ: Okay. Thank you. 14 JUDGE KELLY: Okay. Item 1.11 consider, 15 discuss and take appropriate action to approve or deny 16 date holds for Hill Country Youth Event Center to be 17 used by the elections department for early elections in 18 future years. Space needed and dates may vary based on 19 election cycles and voter turnout. Jake Williamson. 20 MR. WILLIAMSON: Good morning, Your Honor 21 and Council. I wanted to bring this before the Court 22 today to make sure that if we go forward with something 23 like this that we have the dates held by court order. 24 This would reflect similar things as the stock show. 25 Different events like 4-H, things like that. Because 45 1 when elections move in, they do need space. And they 2 need to be able to be left set up and not have to tear 3 down every night. They need to have access to those 4 rooms. 5 JUDGE KELLY: When they move in they take 6 over. 7 MR. WILLIAMSON: They take over. So I need 8 to make sure that by court order this would protect that 9 so that 4-H or any other groups, county functions, would 10 fall well below that. So this needs to be top priority 11 if that happens. 12 And the reason we put approve or deny on 13 that is simply because we know that other groups use the 14 facility and we want to make sure that the Court 15 understands the consequences of -- of the decision and 16 just makes that and -- and tells us which way to 17 operate. That's really all. 18 COMMISSIONER LETZ: So is there any, you 19 know, anticipated conflicts that, you know, jump out? 20 MR. WILLIAMSON: We've -- based on the 21 spacing they've asked for in the next couple of years, 22 not -- we didn't see anything we couldn't work around. 23 COMMISSIONER LETZ: Okay. 24 MR. WILLIAMSON: For future years it's 25 something we'll be -- we'll probably, you know, at least 46 1 a year in advance, two years in advance, try to look at 2 the schedules, see what they all have there and I would 3 work to book around those days to protect them for 4 elections that might cause some revenue shortfalls, you 5 know, those times to protect those dates. 6 But we have -- the best way to operate is to 7 make sure they do have space because some of these 8 elections do grow, right, exponentially depending on 9 what's on the docket and we want to be flexible to them. 10 COMMISSIONER HARRIS: And what space is this 11 that you all require? 12 MR. WILLIAMSON: Well, every space that's up 13 for rental, we've worked it up for the next couple years 14 for the classrooms. One we have is the show barn 15 because they have another event in the expo hall we've 16 been working around. 17 But, you know the biggest one we want to 18 make -- probably protect is going to be the primaries, 19 you know, or the early elections in October. You know, 20 and the last couple weeks of October will probably 21 become day conflicts 2023 and beyond if we don't protect 22 these dates. 23 COMMISSIONER HARRIS: Well, I guess what I'm 24 asking is what -- what rooms are y'all utilizing or -- 25 or requesting? I mean what do y'all need? 47 1 MR. REEVES: Basically, we're taking what is 2 available. We're willing to work with Jake around -- at 3 times it will be the office, the two offices, meeting 4 rooms. At one time we even talked about for one 5 election the west side hallway and the storeroom on the 6 west side. 7 As Jake mentioned, at one time it would even 8 be in the show barn area, the new show barn. Simply, to 9 be very honest, we don't know when the primary of 2022 10 will be. 11 MR. REEVES: And with that said, we've 12 worked with Jake on quite a few what-ifs and if this 13 happens, can we do this. He's been willing to work very 14 much with us. Frankly, we need a building the size of 15 the expo hall with the diversity that it has where we 16 can work around the primary, the runoffs. 17 Because just as we do not know when the 18 primary will be, that also impacts went the runoffs in 19 2022 will be. And unfortunately, we may not know until 20 around Thanksgiving when a primary may be and it could 21 go as late as mid-February before we'll know the primary 22 date. Am I correct, Ms. Alford? 23 MS. ALFORD: That is correct. 24 COMMISSIONER LETZ: Okay. Well, I'll make a 25 motion to -- let me phrase this right -- to give the 48 1 elections department priority use at the Hill Country 2 Youth Event Center and coordinate space needed with 3 Spectrum Management. 4 COMMISSIONER BELEW: Second. 5 JUDGE KELLY: Okay. We've got a motion by 6 Commissioner Letz, seconded by Commissioner Belew. I 7 guess what we're really doing is when we say 8 prioritizing it, we're telling Jake that anything that 9 he books that would conflict with whenever they call the 10 primary and the runoffs would be subject to election 11 priority, right? 12 MR. WILLIAMSON: Correct. 13 JUDGE KELLY: Or -- is that kind of what 14 we're understanding here? 15 MR. WILLIAMSON: If you're asking, the way I 16 would probably factor that in is I would probably 17 actually block those days off. 18 JUDGE KELLY: Well, I mean, right now we're 19 all speculating that probably the primary is going to be 20 in July, at least that's the rumor out there. We don't 21 know for sure. And that would be a very busy time for 22 the Event Center. 23 MR. WILLIAMSON: Correct. In July, you 24 know, without 4-H and school then a lot more stuff is in 25 the show barn. And if you, at least for the next couple 49 1 of years, forecast what's already on the books and look 2 at prior years that it is feasible. 3 But moving forward in the future, it's -- I 4 would like to pretty much -- we're going to give them 5 priority, but we're not going to try to have backups. 6 It's just -- we would try to give people their dates for 7 their private events. 8 JUDGE KELLY: But in terms of the Court 9 order that we're going to enter here, I'm trying to 10 figure out what it's going to say. That we are 11 prioritizing elections and any Youth Event Center 12 bookings would be subject to called elections? 13 Something to that effect? Is that what we're looking 14 at? 15 COMMISSIONER LETZ: Yeah. 16 JUDGE KELLY: Okay. Any other discussion? 17 I mean, this is something -- we have to do this. It's 18 not like we have a choice. 19 COMMISSIONER HARRIS: Well, this is the 20 Event Center over the Cailloux. Is that correct? 21 MR. REEVES: I feel for -- we're not talking 22 about moving any municipality election. This is only 23 for primary and general election time, early voting. 24 JUDGE KELLY: And runoffs. 25 MR. REEVES: And runoffs. That we would 50 1 like to move it, just simply parking space, the space 2 and what have you. Jake has been more than 3 accommodating to help us in the past. After primary 4 runoff of '22, we pretty well know the dates then, 5 barring another instance like we went through last year. 6 But however with -- with the primary, the November 7 election, this would just suffice it better. 8 COMMISSIONER MOSER: Bob, is there a -- 9 assume that the Youth Center was -- the AG barn was not 10 available. What other place in the entire County could 11 we do this? 12 MR. REEVES: That's -- we're very limited 13 simply because of our -- our building is ADA compliant. 14 COMMISSIONER MOSER: Right. 15 MR. REEVES: It has ample enough -- 16 COMMISSIONER MOSER: Parking. 17 MR. REEVES: -- spaces, parking, what have 18 you, and it's also a very secure building with what we 19 need. 20 COMMISSIONER MOSER: Sure. Okay. Good 21 enough. 22 JUDGE KELLY: Any other discussion? 23 MRS. STEBBINS: I have a question. 24 JUDGE KELLY: Okay. We have a motion and a 25 second. Yes, ma'am? 51 1 MRS. STEBBINS: We have one contract with 2 the Hill Country Junior District Livestock Show 3 Association that I believe has dates in the contract 4 that specifically will be used during those dates. Do 5 you think that this would interfere with that? 6 MR. REEVES: To the best of my knowledge, 7 the dates being the month of January and a full week at 8 the end of September, I see no conflict with the lease 9 that's in agreement with the Association. But I'm not 10 an attorney, so -- 11 (Laughter.) 12 COMMISSIONER MOSER: Love that. 13 MRS. STEBBINS: I just -- 14 MR. REEVES: I didn't use the rest of it. 15 JUDGE KELLY: Okay. Then those in favor 16 raise your hand. Unanimous, five zero. Thank you. 17 MR. REEVES: Thank you, gentlemen. 18 MRS. DOWDY: Judge, can you specify who made 19 the motion? 20 COMMISSIONER HARRIS: Me. 21 JUDGE KELLY: Don Harris. 22 Item 1.12 consider, discuss and take 23 appropriate action regarding an agreement to lease an 24 area in the River Star Park storage building and 25 adjacent area for a communications tower to the Hill 52 1 Country Amateur Radio Club. And I see them present. 2 MR. LAMBERT: Your Honor, I'm going to defer 3 that over to Dale Gaudier. 4 JUDGE KELLY: Okay. 5 MR. LAMBERT: Dale is a former president of 6 our club many times over and he's the de facto expert on 7 antennas and towers. And so he's probably the one to 8 answer any questions that you may have. 9 JUDGE KELLY: And really this is a follow up 10 to -- from the last time you all appeared before, right? 11 MR. LAMBERT: Yes, sir. 12 JUDGE KELLY: When we were talking about 13 location of the antenna and the whole thing -- 14 COMMISSIONER MOSER: And there's two pieces. 15 One is the use of the storage facility out there for the 16 room I think that's in there. And the second is -- 17 COMMISSIONER HARRIS: That's the easy part. 18 COMMISSIONER MOSER: Yeah. And the other 19 one is the antenna. Okay? 20 JUDGE KELLY: Right. 21 COMMISSIONER MOSER: Thanks. 22 MR. GAUDIER: Thank you all. And Judge 23 Kelly, Commissioners, thank you very much for allowing 24 me to speak to you today. On behalf of the Hill Country 25 Amateur Radio Club, I am pleased to be here to address 53 1 any questions you might have concerning the 2 communications tower we propose to locate at the site 3 under discussion at the River Star Event Park. 4 Now, based on comments at the last 5 Commissioners' Court, we proposed to locate a 6 freestanding, that's an unguided communications tower, 7 whose height of the tower would be 38 feet with a 8 12-foot mast, for a total height of 50 feet. 9 As I said, the tower would require no guide 10 wires. This way, it will not interfere with any public 11 access to the area and we feel would be quite 12 appropriate to -- to the area. 13 We propose to locate it in the northwest 14 corner of the building. You have -- should have a -- an 15 outline of the site there that we did. And the location 16 would allow us easy access to the tower and any 17 antennas. And there -- I will emphasize, and I think 18 you saw this in the packet, there will be no cost to the 19 County to install the tower and antennas. It will be 20 fully paid for by our group. We will also maintain 21 those antennas. 22 And why 50 feet? Fifty feet will -- height 23 would allow us to provide effective emergency 24 communications across the range of short wave and UHF 25 frequencies using appropriate antennas. This will allow 54 1 us to better fulfill our mission to provide emergency 2 communication support to the County when requested. So 3 I'll turn the discussion back over to the Honorable 4 Court and answer any questions you may have concerning 5 our proposal. 6 COMMISSIONER MOSER: So a couple of 7 observations to Clay and to someone -- you've got to ask 8 them -- and Heather and I have talked about this over 9 the last couple weeks or so. This would be locating the 10 antenna with the tower and would be -- the cost would be 11 borne by Hill Country Amateur Radio Club. And 12 approximately what is that cost to you guys? 13 MR. GAUDIER: Well, the cost of the tower 14 itself will be approximately $2,000.00. And the 15 installation fees will be about 1,500. It's mostly for 16 digging a hole and pouring concrete. 17 COMMISSIONER MOSER: Okay. One of the 18 things that we talk about was the extent of the lease, 19 okay, for this. And instead of having a standard 20 one-year -- one-year automatic renewal is to make the 21 lease for at least five years, so that with the costs 22 that you guys incur of erecting the tower and all, that 23 that would be more of your liking to do it that way and 24 I think that -- I don't know if the County Attorney has 25 any comments on that. I think that we're -- it's 55 1 probably up to the Court to do something like that. 2 And to reiterate what this is, is the 9-1-1 3 often said, this is just another layer of emergency 4 communication. So it's a benefit that I don't see any 5 really downside in this. Maybe the tower may be a 6 concern for out there, I'm not sure. 7 COMMISSIONER HARRIS: I think the Sheriff 8 would agree that it's just another tool for our tool 9 shed as far as communications when things go awry like 10 they did a couple months ago. 11 MR. GAUDIER: We have successfully gone out 12 with the Sheriff's Department on several occasions over 13 the past several years on simulated emergencies and have 14 shown that we can communicate not only locally within 15 the County, but back to Austin, down to San Antonio, and 16 even outside of the region in the event of a Texas size 17 emergency. 18 COMMISSIONER LETZ: My only question is -- 19 and I think five years is probably fine, but the 20 long-term viability of the County keeping that building. 21 It's a -- it has a life. It's not a permanent 22 structure. We are making some upgrades to it right now. 23 The upgrades are fair, it's under our insurance. 24 But we have no use for that facility. You 25 know, we've stored stuff in it sporadically. And 56 1 it's -- you know, at some point that building is 2 probably going to be demolished and go away. But I 3 don't think it'll be within the next five years. I 4 don't see that we would want to spend a bunch of money 5 on something that we don't use. 6 So that's just -- you know, needs to be a 7 part of the -- in the lease agreement. I think the -- 8 you know, five years is probably fine. But if we have 9 any renewals to it, there is a life to that building and 10 we don't use it for anything really right now. 11 MRS. STEBBINS: We could take the automatic 12 renewal language out of the lease so that if the Court 13 wanted to enter into another lease agreement we'd 14 have -- it would have to come back to the Court so that 15 y'all can have that conversation at that time. 16 MR. LAMBERT: Our thought would be that 17 after that initial five years, that it would be just 18 renewable on a one-year basis, if that's acceptable. 19 JUDGE KELLY: As long as we have the 20 building. 21 COMMISSIONER BELEW: And there's something 22 else. Most structures will last longer if they're 23 occupied and somebody is keeping an eye on them and 24 they're maintained a little better, which I would assume 25 we have. 57 1 My question is about the safety of the tower 2 and what you're going to put on it to keep kids from 3 climbing on it. 4 MR. GAUDIER: Yes, sir. And that's a really 5 good question. The way we're -- we will address that, 6 Commissioner Belew, is that we will propose to put a 7 fence around the base of the tower. The fence would be 8 high enough to prevent, you know, people from getting 9 over it, with a lock on the gate. That would be the 10 easiest and most viable way of protecting the -- 11 JUDGE KELLY: With Constantina wiring and 12 explosives, right? 13 MR. GAUDIER: Oh, absolutely. 14 COMMISSIONER BELEW: Well, I've done it with 15 just sheet metal. You know, you go up about 10 feet 16 with sheet metal on it and that's, you know -- 17 MR. GAUDIER: Yes, sir. And there are 18 actually sheet metal protectors you can put up, too. 19 You know, just putting up fences is another option. 20 Yeah. 21 JUDGE KELLY: Kids are kids. 22 COMMISSIONER MOSER: So the club agrees with 23 the lease? County Attorney, the lease is okay with you? 24 MRS. STEBBINS: I'll go in and change the 25 term -- 58 1 COMMISSIONER MOSER: Okay. 2 MRS. STEBBINS: -- so with those 3 modifications to -- 4 MR. GAUDIER: And automatic annual renewal? 5 MRS. STEBBINS: And to make it a five-year 6 lease, it -- it wasn't drafted that way. But I'll also 7 include language about the availability of it if the 8 structure is still -- 9 COMMISSIONER MOSER: So with those changes, 10 I would move for approval for the lease with the Hill 11 Country Amateur Radio Club and the County and allow the 12 Judge to sign same. 13 COMMISSIONER BELEW: I'll second. 14 JUDGE KELLY: Motion's been made by 15 Commissioner Moser, seconded by Commissioner Belew to 16 approve the five-year lease with the Hill Country 17 Amateur Radio Club out at River Star Park. 18 And of course, the music to our ears, with 19 no cost to the County and no guide wires. So it's a 20 no-brainer to me. Those in favor raise your hand. 21 Unanimous, five zero. 22 We got one more item on that, it's item 23 1.13, before we take our morning break. And that's 24 consider, discuss and take appropriate action to permit 25 the Hill Country Amateur Radio Club to use the Union 59 1 Church building once a month at no cost. Commissioner 2 Moser. 3 COMMISSIONER MOSER: Thank you, Judge. In 4 the initial discussions with the Amateur Radio Club 5 looking for a place to have a monthly meeting for three 6 hours first Thursday, I believe, of each month, they 7 have a very low operating budget, provide a service to 8 the County as we've had a lot of discussions on 9 previously and here today. So we would have to have -- 10 I think the policy -- correct me if I'm wrong here, 11 Jody, is -- is it has -- if it's not a 501(c)(3) then we 12 have to charge -- 501(c)(3) was half a rental rate, but 13 this will be a change to that. 14 So I would move for approval to let the Hill 15 Country Radio Club use the Union Church first Thursday 16 of each month from 6:30 to -- 17 COMMISSIONER LETZ: 9:30. 18 COMMISSIONER MOSER: -- 6:30 to 9:30, with 19 no charge to the -- to the club. 20 COMMISSIONER BELEW: So the other facility 21 is only going to be used for equipment? 22 MR. GAUDIER: The antenna. 23 COMMISSIONER BELEW: The equipment and for 24 use of the equipment. 25 MR. GAUDIER: Yes. Commissioner Belew, we 60 1 will store our radio equipment there and obviously, of 2 course, the tower that you all have just graciously 3 approved. 4 COMMISSIONER BELEW: So that's the op center 5 basically. 6 MR. GAUDIER: Yes, sir. I -- we don't 7 believe that we would be using that for club meetings or 8 anything like that. We have over a hundred members of 9 our club and we generally get somewhere upwards of 50 to 10 60 show up. At least, that was pre-COVID. So we 11 needed -- we really are -- we're bursting at the seams 12 at our current location -- at the location we had been 13 using prior to COVID. 14 COMMISSIONER BELEW: Just so everybody 15 knows. 16 COMMISSIONER MOSER: Yep. 17 MRS. STEBBINS: And your policy allows 18 you -- permits the Commissioners' Court to offer -- or 19 to approve this at no charge. 20 COMMISSIONER LETZ: Was there a second to 21 your motion? 22 COMMISSIONER MOSER: So far, not. 23 COMMISSIONER LETZ: I'll second. 24 COMMISSIONER MOSER: Okay. 25 JUDGE KELLY: Okay. A motion's been made by 61 1 Commissioner Moser, seconded by Commissioner Letz to 2 approve permitting the Hill Country Amateur Radio Club 3 to use the Union Church Building once a month at no 4 cost. 5 MRS. GRINSTEAD: And just a notation, I know 6 you say you're bursting at the seams now. Per fire 7 code, the max in there is a hundred people, so keep that 8 in mind. If you get too big that means we will have to 9 consider that. 10 MR. GAUDIER: Absolutely. 11 JUDGE KELLY: Any other discussion? Those 12 in favor raise your hand. Unanimous, five zero. 13 Let's take a break. We'll have a recess 14 here. We'll come back at 10:15. 15 (Recess.) 16 JUDGE KELLY: Court will come back to order. 17 We'll move on to our timed items. We have one at 9:50, 18 which I apologize for the delay but it's been a busy 19 morning. Got a bunch done. This is item 1.20 consider, 20 discuss and take appropriate action to enter into an 21 agreement with Jill Shackelford for consulting services 22 for aggregate production operations in the community and 23 Kerr County. And I see we've got Mike Russ here? 24 MR. RUSS: Yes, sir. 25 JUDGE KELLY: Would you like to 62 1 address the Court? 2 MR. RUSS: Yes, sir. My name 3 is Mike Russ. I live on 471 Wharton Road. And I also 4 have investment properties on the riverside of 474 5 Wharton Road and 470. And have renters as well. 6 Recently I'm not sure if everyone understands what's 7 going on across the road from that location, but I'm 8 here -- I found out that you are in the process of 9 hiring Jill Shackleford. Is that correct? 10 JUDGE KELLY: We're talking to her. 11 MR. RUSS: Excuse me? 12 JUDGE KELLY: We're talking to her. 13 MR. RUSS: Wonderful. So I'm just here on 14 behalf of Wharton Road, Possum Creek, the other areas 15 that's affected by the APOs and mining operations that's 16 going on. Obviously, it's quiet in the morning, loud 17 and dust. There's multiple things that are like, you 18 know, it's pretty obvious what it can do to affect the 19 actual residents that live -- and I've lived on Wharton 20 Road all my life and it's always been so peaceful. It's 21 on the river. And then, you know, these things come 22 about. 23 I understand that a lot of these mining 24 operations are not allowed. I mean, their permits pass. 25 You know, I mean there's a low percentage of people -- 63 1 of them not getting their permits approved, let's put it 2 that way. 3 So bringing her on is actually a help rather 4 than some other ones that are being affected by it. And 5 following the good practices of, you know, changing the 6 beepers, light and noise, and managing what they can do 7 and then actually being a mediator for them to follow 8 these practices to help residents that leave -- you 9 know, the white noise speakers would be the perfect 10 example of the beeping all day long. You know. It's 11 just constant beeping or there are machines running all 12 day long. 13 So it's -- if you live next to one, which we 14 do now, I think you would understand. I would love to 15 invite y'all to hear what, you know, we're dealing with 16 all the time. So hiring her on, I totally support it. 17 And I'm here on behalf of all Wharton Road and anyone 18 that hasn't showed up here too. It's on a Monday and 19 everyone's at work. So I took off to -- and I really 20 just hope that y'all take her on and hire her for that 21 to help with with these aggregate companies. West Texas 22 Aggregate is the one that's behind -- by my river or on 23 the river side. It's not my river but -- you know what 24 I'm saying. I like to call it my river. 25 So that if anyone could imagine what -- 64 1 well, what we're going through right now, it's pretty 2 horrific dealing with that. But I beg you to please 3 accept her and hire her on and maybe they can help. I 4 will say that I reached out to David Jenschke at West 5 Texas Aggregate last week. 6 I finally got a hold of him. I made 7 multiple phone calls and texted him. After the January 8 29th Town Hall Meeting said they would become good 9 neighbors, and never got a response back and so I 10 finally reached out to him and got him on the phone 11 personally and talked to him. 12 I pleaded with help to at least start by 13 changing their tractor beepers, which is the number one 14 reason. Imagine that beeping every day. And so a long 15 discussion with him and he was -- he said he was going 16 to order those beepers and change those. So I think 17 that if they're willing to work with us, and I'm sure 18 they'll work with Jill with her experience, and the PDF 19 that Tom sent me on her resume and stuff and what she's 20 been through, and she's also -- owns, you know, 21 aggregate so she -- she knows quite a bit that that can 22 affect other people. 23 So, I mean property values. I'm sure y'all 24 get it. I'm sure you all get it. But I'm just here, 25 please bring her on. It would definitely help, I think. 65 1 And that's what I'm here for. So if y'all have any 2 questions for me, I mean about -- 3 JUDGE KELLY: Well, it's good to meet you 4 finally to put a face with the e-mail. I appreciate you 5 keeping us informed of what's going on out there. 6 MR. RUSS: Yeah, I get here and there. You 7 know, I get my highs and my lows, you know what I mean, 8 so -- 9 JUDGE KELLY: But I would just reiterate. 10 Remind you that there's limited things that we can do 11 with aggregate production. 12 MR. RUSS: I understand. Right. 13 JUDGE KELLY: And what we can do, we need to 14 do. But the one thing that I think we can do, and I 15 agree with you, is we can be in a mediation role to try 16 to facilitate communications between the producers and 17 homeowners, the residents. 18 MR. RUSS: Sure. 19 JUDGE KELLY: And -- and have some sort of 20 ongoing dialogue. And what she was talking about was an 21 advisory council. Whatever -- whatever we do on behalf 22 of the County, what I'm interested in doing is trying to 23 set up some sort of mechanism to keep the producers 24 talking with the residents and keep those lines of 25 communication open because it's -- it's tragic, but they 66 1 do have the legal right to mine their property. And we 2 understand that. But at the same time, we need to 3 balance it out as best we can. And I really appreciate 4 your dilemma and I appreciate you coming down and being 5 reasonable with us about it. 6 MR. RUSS: Yeah. And the discussion with 7 him that -- I was surprised that he said he would order 8 those. And obviously, he's good at rock crushing, but I 9 mean one step at a time is what I told them. 10 COMMISSIONER HARRIS: Did y'all -- when you 11 were talking with him, did y'all discuss the possibility 12 of Jill coming on board or -- 13 MR. RUSS: I never discussed that. I just 14 pleaded with him as a homeowner. And I -- 15 COMMISSIONER HARRIS: Sure. 16 MR. RUSS: -- and I told him, I said, I 17 understand. I'm -- you know, I'm self-employed. I'm in 18 business. I understand that you're here to make money 19 and that's what it's all about. I know the roads need 20 to be built and, you know, it's the obvious. 21 It's just -- and I told him, you've got to 22 understand. If it happened at -- you know, at your -- 23 he lives on the river or lived on Wharton Road, and I 24 said what would you do if this happened to you, you know 25 what I mean? But he had a different perspective about 67 1 it, obviously. 2 But he just -- it just -- it rocks your 3 world when it happens to you. You know, you've lived 4 all your life. I fished there all my life on the river, 5 you know. Up and down. It's just peaceful. And what 6 got me the most is I have a three-year-old daughter and 7 we're sitting in our little fishing spot, you know, and 8 they're running machines and she just acts like she's -- 9 she asked, Dad, what that noise? You know what I mean? 10 So it's just like -- it sucks. Let me say 11 that straight up. It's horrible. But hiring her on, 12 maybe get some mediation here, and maybe they can make 13 some changes and, you know, like I said, a little bit 14 helps. Once he changes the beepers, it's just a little 15 bit. That's what I told him, just a little bit. He 16 told me he'd order them, so you know. And that's just 17 me calling him. 18 JUDGE KELLY: Well, and as you know, when 19 you start screaming at people and, let's face it, this 20 is very annoying. I've got the -- it is a nuisance. 21 But when you scream at them, a lot of times people just 22 dig in and exercise their rights. 23 MR. RUSS: Right. 24 JUDGE KELLY: And this is not -- not about 25 their rights. We understand what their rights are. 68 1 They have private ownership rights. 2 MR. RUSS: I understand. 3 JUDGE KELLY: But at the same time, we have 4 a county to run and -- and residential communities out 5 there that we need to balance what's going on as best we 6 can within the law. 7 MR. RUSS: And I think just for other 8 precincts and stuff, and actually hiring her on, and we 9 got a couple of things with them and they -- you know, I 10 think Martin Marietta has done pretty well with the last 11 meeting that y'all had, you know, with their newest 12 facility, as in they're bringing all their stuff to the 13 southern lane facility to crush the rock, I believe. I 14 think they've done that. But, you know, their rock 15 crusher is right there, so -- 16 JUDGE KELLY: Well, and I want to be clear 17 to the public that we're not talking about hiring Jill 18 Shackelford on -- 19 MR. RUSS: Okay. 20 JUDGE KELLY: -- we're talking about 21 retaining her as a consultant to help us get that 22 advisory council set up. This is not a permanent 23 position. This is not a new hire. This is not going to 24 go in my budget today. But what we are looking for is 25 some professional help on the best way to do this and 69 1 somebody that -- that has the experience of being an 2 owner/operator as well. Because she has credibility 3 with the operators that we might not have. 4 MR. RUSS: All right. 5 JUDGE KELLY: And what I'm hoping the County 6 will do is a little bit like the old Teddy Roosevelt 7 bully pulpit. We have a pulpit here. We have a 8 setting. We have to follow the law, but we do have a 9 setting. And we're trying to bring everybody to the 10 table. And let's work through these problems as best we 11 can. 12 MR. RUSS: Yes, Sir. And I'm sorry if I -- 13 you know -- 14 JUDGE KELLY: No, no, no. I just want -- I 15 wanted you to know -- 16 MR. RUSS: I wasn't saying -- and I have 17 never met her, by the way, I've just read her resume. 18 And I'm not here to, you know, to -- I'm here for 19 myself. 20 JUDGE KELLY: She's pretty impressive. 21 MR. RUSS: Yeah. So I just -- you know, 22 hopefully we can work something out with her and -- and 23 you know -- 24 COMMISSIONER MOSER: Well, Judge, we had the 25 January 29th Town Hall Meeting. I think that was the 70 1 third or fourth Town Hall Meeting we've had on aggregate 2 production. It was -- you know, it was okay. It was an 3 agreement, you know, neighbor to neighbor, tried to 4 work, be good neighbors. Things have not gone as well, 5 okay, since then as they could have. And it's -- it's 6 no one's fault; it's just -- you know, it's just 7 different objectives. And we had Jill come in last 8 Monday to talk about her experience. 9 And I think we mentioned to the Judge the 10 thing that makes it unique with Jill Shackleford is she 11 owned and operated quarries. Okay. 12 JUDGE KELLY: I think she still does. 13 COMMISSIONER MOSER: Well, she's -- she's 14 consulting now. She's -- she's learned how to -- or let 15 me say it different. She's been very effective of 16 bridging the gap between the aggregate owner/operator 17 and the community. And with her experience, and I think 18 looking at both sides, she's been recognized for what 19 she's accomplished and doing that by various 20 organizations in various cities. She's realized as a, 21 quote, expert and testified in some of the last 22 legislative session on best management practices. 23 And her approach is, and the draft of lease 24 that we have that County Attorney and I've worked with 25 Jill on over the past week or so is -- what Jill is 71 1 proposing is to -- if we agree to bring her on as a 2 consultant, first thing she'd do is talk with the 3 neighbors, okay. Individually. Meet with Mike Russ and 4 his -- some of his neighbors, meet with each one of the 5 three primary and any other aggregate operators we have 6 in the County, but primarily with Martin Marietta and 7 West Texas Aggregate and Wheatcraft, okay, to explain 8 what the issues are, what she's done, what -- the things 9 that they've been able to do to make it a better 10 environment for the neighbors and the operators. And 11 like Mike says, you know, if they could change from the 12 beeping to a white sound or a duck sound on their 13 equipment, that would help. 14 Then she would come back, if we agree to 15 bring her on as a consultant, come back to the Court 16 then, and tell what the next step would be, which 17 probably would be to recommend setting up an advisory 18 council, which has been very effective. And I think she 19 said last Monday that there hasn't been anything but 20 good things come out of the advisory council. If we so 21 choose to do that and then we would have to work out who 22 would be on the advisory council. 23 I think she mentioned like maybe ten people, 24 something like that, to keep it down to size. And if we 25 decide -- were to decide to do that, which would be 72 1 another action by the Court to set up an advisory 2 council, we'd be the first County in the state to have 3 established an advisory council, which would be 4 noteworthy. I think it would be a move in the right 5 direction. 6 So the whole objective to do this is to -- 7 better communication between the community and the 8 aggregate producers, okay. The downside -- I see a lot 9 of upside to it. The downside is $8500 for a -- a 10 consulting agreement which would -- 11 JUDGE KELLY: Well, that's just the maximum. 12 COMMISSIONER MOSER: Yeah. 13 JUDGE KELLY: I think it's 250 an hour. 14 COMMISSIONER MOSER: Yeah. And that's -- 15 well, that -- it's not to exceed that or is part of the 16 lease agreement. And she would have at least two visits 17 to the County. She lives in Austin. So she would come 18 over and do that and consult with us. So that's the 19 background on that, so -- 20 COMMISSIONER HARRIS: Well, I agree that it 21 would be worthwhile to do this. I'm just not agreeing 22 that the County needs to fund it. We have no oversight. 23 I think this out to come -- her fee ought to come from 24 the operators that she works with and -- but not the 25 County. 73 1 COMMISSIONER MOSER: Well, it's -- okay. 2 COMMISSIONER HARRIS: That's an expense 3 that, you know, I don't think we need to do. Maybe it's 4 the reason the other counties haven't done it across the 5 State. 6 JUDGE KELLY: Well, I understand your 7 position. As a recovering attorney, I'm going to tell 8 you, whoever pays you is who you represent. And what 9 we're trying to do here is have somebody who's in 10 between the operators and our citizens. And with her 11 credibility in the industry as an owner/operator and 12 advocate and as someone who has developed these best 13 management practices and knows how to sell them to the 14 operators and get them to agree to it, I'm trying to -- 15 I'm willing to spend a little bit of money to try to 16 help our citizens have a seat at the table. Because 17 right now they don't. 18 And Mike, I appreciate all of your e-mails, 19 but you got -- you got a keypad that you key in -- you 20 stroke into and send me e-mails and that's the only 21 voice that you really have. And you finally got a hold 22 of somebody at West Texas Aggregate and you got -- you 23 got something done. And what I'm talking about is just 24 trying to formalize this process so that the people have 25 a place to go when they have problems. 74 1 MR. RUSS: I think it will just -- I mean, 2 if it doesn't work out as far as bringing her on, you 3 know, as far as funding or whatnot, I mean, you know, 4 sometimes support between you guys is just have another, 5 you know, mediation between just the operators and them. 6 But it's -- it doesn't -- it's not only 7 affecting us, you've got to realize it could help a lot 8 of other people that's being affected as well, not just 9 West Texas Aggregate. But -- and I understand what 10 you're saying as far as funding and stuff, but you 11 know -- and make a phone call or two. And Tom's been 12 great about it. 13 And then just trying to get us together has 14 been kind of rough because there's been a lot of 15 complaints to the TCEQ, which is causing retaliation and 16 talking about not changing any -- really anything. I'm 17 not going to -- you know, you just have those -- when 18 you have discussion like I had with him, it was kind of 19 standoffish at first. And then I was like, look, I'm 20 just pleading with you. I'm not here to be threatening 21 to sue you or do this or that. I'm just asking if you 22 could just do one thing to show me that you're not just 23 out to force us. 24 JUDGE KELLY: And I can tell you that I -- I 25 was a mediator for over 30 years with the American 75 1 Arbitration Association and then privately. And there's 2 a difference when you sit down, let people air their 3 grievances and talk about what best management practices 4 are and clear that air so that you can move forward and 5 not just get locked into -- and into a gridlock. And 6 TCEQ, you know, they've got a job to do and they're 7 going to follow the law. 8 MR. RUSS: Yes, sir. 9 JUDGE KELLY: And more times than not, 10 they're probably not going to do what the homeowners 11 would like to have addressed, and they're not going to 12 address it; they're just -- they're going to do what 13 they gotta do. They've got to mandate. 14 And what I'm looking to do is to set up some 15 sort of forum for the residents and the taxpayers to be 16 able to sit down and visit with these corporate giants. 17 COMMISSIONER MOSER: This is one step beyond 18 Town Hall. Having -- if we establish this advisory 19 council, I think that that sets it up one level above 20 the Town Hall Meeting, which is pretty informal and I 21 think it would be a great -- great thing to do. 22 JUDGE KELLY: And we're going to be the 23 first County in the State of Texas to do this, let's do 24 it and let's do it right. Let's set one up and let's be 25 a model. We've got a PDO, a five-county public 76 1 defender's office out there right now that is the model 2 of the State. People are calling all over the State 3 trying to find out what we're doing here with the public 4 defender's office. 5 And so, if we're going to do this and be 6 effective, let's step out and do it right. This is not 7 that much money, $250 an hour to get it set up. But 8 once we get it set up, we're not going to need her 9 services. 10 COMMISSIONER BELEW: But is it the thing to 11 do and is there any precedent for this? We had -- at 12 your behest, we met with people about the animals at the 13 animal shelter and something got done. And met with the 14 Volunteer Fire Department, something got done. That 15 didn't cost us anything. And things were hashed out and 16 worked out. 17 Commissioner Harris' point is well taken. 18 We're putting money into this and then saying we're 19 going to have somebody come and arbitrate; whereas, this 20 Court has taken on other issues like this and gotten 21 everybody to the table together, worked out some 22 compromises, and even found out some things in the case 23 in the Volunteer Fire Department that -- where we were 24 vulnerable and exposed and got that taken care of. 25 I don't know why that same process couldn't 77 1 be used with this and not set a standard or a precedent 2 of coming in and basically being somebody's legal sugar 3 daddy. 4 COMMISSIONER MOSER: Well, let me -- let me 5 comment. She is -- I don't think we need to recreate 6 the wheel. She's done it. She's proven to be very 7 effective with setting up the communications between the 8 two parties, and we'll just call it the two parties. 9 If you get down to what Mike and the 10 community are dealing with, number one, noise, TCEQ has 11 no requirement on noise. So, therefore, Mike can go 12 hire a lawyer, okay, and he can sue. And that's the 13 only thing that they can do. TCEQ doesn't have anything 14 to do with it. State doesn't have anything to do with 15 it if you stay below 85 dB continuous. Okay, so that's 16 one approach. 17 The other thing is, Mike and his neighbors, 18 whatever, if they don't like the equipment location or 19 if they think there's too much air particulate coming 20 over, he or somebody can call TCEQ. TCEQ comes out. 21 They shut down the operator. So now all of a sudden you 22 have a more -- like the Judge says, you have -- you 23 know, now you've interfered with operation, I'm going to 24 take a hard line. 25 So what I think this does for, you know, I 78 1 think $8500 or $250.00 an hour is a very, very good 2 investment, okay, to improve communication and to have 3 the opportunity to have a more compatible neighborhood, 4 okay. And I think it -- I think she's proven she can do 5 it, okay, she's done it. I don't think we -- Town Hall 6 Meetings have worked in the past. I think we need to go 7 one step beyond that and have somebody come in and can 8 talk to both sides and -- 9 COMMISSIONER BELEW: Well, how do you go one 10 step beyond something that works? 11 COMMISSIONER MOSER: Well, because Town Hall 12 Meetings right now didn't work, January 29th, okay. It 13 worked with three other Town Hall Meetings. The one on 14 the 29th worked to some extent, okay, but it's not 15 working to the extent that it should. 16 So when we found out about Jill, we said, 17 you know, there's another way to take it and move 18 forward. 19 COMMISSIONER HARRIS: Why do you think this 20 last one didn't work? 21 COMMISSIONER MOSER: I think Mike might want 22 to comment. I think it got into, as the Judge said 23 awhile ago, a little bit of you're interfering with me 24 and taking a hard position in raising voices and so 25 forth. The other side saying look, I can -- I know what 79 1 I'm doing, you know, I've got an environmental 2 consultant and I'm not going to deviate from what I'm 3 doing. You can't make me do it. So it's gotten into 4 that. 5 So I think with somebody like Jill, who can 6 talk to the operator and relate to them, because she's 7 done it, and also communicate with the citizens about 8 what they can do, and so it -- you know, it may not 9 work. I would -- if I were a betting man, I'd give you 10 big odds it would work, okay. 11 COMMISSIONER HARRIS: Well, it's -- you 12 know -- 13 COMMISSIONER MOSER: We're talking about up 14 to $8500. 15 COMMISSIONER HARRIS: Exactly. 16 COMMISSIONER MOSER: Yeah. 17 COMMISSIONER HARRIS: And we do that and we 18 cross our fingers that the other side comes to the 19 table. 20 COMMISSIONER MOSER: Yeah. 21 COMMISSIONER HARRIS: There's no guarantee 22 they will. 23 COMMISSIONER MOSER: No guarantee. 24 MR. RUSS: I would say, I mean, just the 25 simple phone call from me to him and just pleading with 80 1 him, and obviously I'll see this week if he has ordered 2 those beepers. That's actually that step further that 3 actually kind of gives you a little reassurance that 4 maybe -- another operator that has that background to 5 say, look. 6 And I told him, he said -- well, I get a -- 7 he goes, I get a call from TCEQ every time and then I 8 have to shut down and it costs me money. And I said I 9 understand. And you gotta understand this. If you take 10 little steps here and there, those calls will probably 11 start, you know, quit coming in and you get TCEQ off 12 your back because you're not drawing someone's attention 13 to yourself. Because you got residents that lived all 14 their life on this little road and most -- a lot of them 15 are my family, too, and then also people off the -- you 16 know outside that and people that are totally against it 17 across the street, Possum Creek, affected by it. 18 Martin Marietta and Comanche Trace is 19 affected by it because you go up to Comanche Trace and 20 you can just see the landscape and the beautiful hill 21 country is being destroyed. 22 So, you know, I -- I mean -- and then how 23 are the -- put it -- I don't know if they ever put it 24 back to normal like they said they would, but my point 25 is, I said I think that one phone call, you know, was 81 1 that step further. And I think it would -- you know, it 2 kind of gives you a little more -- it just -- think if 3 it happened in your yard, you know, in your backyard or 4 whatever. Got to put yourself in my shoes and would the 5 $8500 be worth it to you. 6 COMMISSIONER BELEW: Well, is it worth it to 7 you? 8 MR. RUSS: Absolutely. 9 COMMISSIONER BELEW: Out of your pocket? 10 MR. RUSS: I'd pay it myself. 11 COMMISSIONER BELEW: Okay. And your -- you 12 and your neighbor -- because what I'm thinking is, is 13 that it should be paid by the people affected. If the 14 County steps in and starts doing this stuff when there's 15 a quibble with somebody, then it starts to set a -- and 16 I'm entirely sympathetic with you, Mike. I've seen it, 17 I've heard it, I have friends that are -- that hear the 18 noise all day long. I get it. Your initiative -- when 19 you called and you got a response and you got a positive 20 response and a promise, which you don't know if they're 21 going to carry through on but we hope they will, that's 22 really good. That's -- that's how it should work. 23 MR. RUSS: Right. And I mean, even like one 24 meeting probably and see, like with her, because I don't 25 know anything other than reading up on TRAM or, you 82 1 know, just the different things that the good management 2 practices that they should go by. You know, and 3 obviously hope they create a bill, that will make them 4 do things like that. But right now, it's just go at it. 5 It's your property. Do what you want. Who cares about 6 anybody else. 7 But I understand what you're saying or 8 coming from too. You know, I'm just here to support, 9 you know, bringing her on on behalf of everyone else. 10 I'm just here for all them. I wish I could bring them 11 all here. There would be a lot of people here. 12 COMMISSIONER BELEW: Well, I want to propose 13 something. And you guys see if you like this. That we 14 have another Town Hall the way we had, but that she's at 15 this Town Hall. You pay her for one meeting or 16 whatever, bring her in and see if that has an impact. 17 We've done it ourselves, this Court has, in a couple 18 other cases. 19 JUDGE KELLY: I'm fine with that. If you 20 think back, we do have an animal services advisory 21 committee that meets regularly. The volunteer fire 22 departments, we have KARFA that meet regularly. 23 We have an organization. We have something 24 that communicates back and forth so that we can address 25 concerns. And at the very least, I would like to see us 83 1 do some sort of advisory council to be able to be the 2 go-between between homeowners and producers. 3 And if we pay her to get it organized, I 4 don't know how much that would be. But I think it's 5 pretty de minimis. And I would recommend that we do 6 that to try to stop the standoff that we have. Because 7 I -- my perception is that where we are right now is 8 people have dug their heels in that they've got their 9 rights and they're not going to do anything and I want 10 to nudge them off high center and say listen to us. 11 COMMISSIONER BELEW: Well, you have a couple 12 of choices. You -- we can either facilitate something 13 or they all end up in Court. And while that's none of 14 our business, really. Because TCEQ regulates all of 15 this stuff and we don't, as is pointed out earlier. We 16 don't have any real say so in it. 17 JUDGE KELLY: I -- I would like -- 18 COMMISSIONER BELEW: We could help a 19 compromise. 20 JUDGE KELLY: I agree. And I would like to 21 see the homeowners work with somebody to put together 22 recommended best management practices, BMP, and try to 23 get these -- these corporations to buy into what is the 24 best way to do this stuff. And just balance out 25 everybody's concerns. 84 1 COMMISSIONER MOSER: Well, let's see. On 2 best management practice, we passed a resolution a month 3 or so ago -- 4 JUDGE KELLY: We did. 5 COMMISSIONER MOSER: -- to join kind of an 6 affiliate, an ally I think is what the term is, with 7 TRAM. So -- so we've done that. I don't know that -- 8 Jill is pretty busy, okay, with her -- she goes all over 9 the State doing this kind of stuff. She's ready to 10 start tomorrow, if we agree with this -- give her a 11 consulting agreement. 12 I don't know if she -- when she would come 13 here or what -- how effective that would be to come to 14 another Town Hall Meeting. I've called her and shared 15 every one of the single Town Hall Meetings we've had. 16 Nobody else has done one, okay. I think they've been 17 effective. 18 I can clearly see -- the only downside I can 19 see is consulting agreement up to $8500, which I think 20 for somebody like Mike -- okay, there's another thing. 21 Let me -- we've talked about noise, okay. Mike can file 22 suit, okay, and he can pursue it that way. So it's -- 23 it's the only recourse he's got. Nothing else to do. 24 If dust is coming over covering his car, 25 which he's got evidence of, you know, one thing in 85 1 talking with Jill, she says, you know, what the operator 2 could do, he needs to put in more spray facilities, 3 okay. 4 Now, we can make him put in more spray 5 facilities -- or we can't, but TCEQ can. Okay. And 6 he'd probably put in -- if you push him, you know, maybe 7 only what needs to do. Then Mike has bought monitoring 8 equipment to monitor the air. TCEQ says we don't know 9 about your equipment, we've got to bring out our own 10 sample measuring devices. We've got to take it back and 11 analyze it because it may not be coming from West Texas 12 Aggregate. So we've got to go analyze their soil to see 13 if it's the same as the soil that's on the air. So it 14 goes on and on and on, okay. 15 So you can get those things sent off. In 16 the meantime, you know, Mike and his neighbors and his 17 three-year-old kid and things like that are putting up 18 with this every day. If it can start tomorrow, okay, 19 which is what's proposed here, I'm all for it. 20 And I'm going to make the motion right now 21 that we agree to, with the lease agreement -- I mean 22 consulting agreement, excuse me, with Jill Shackelford, 23 per the consulting agreement that she's laid out. The 24 County Attorney's looked at. I think the County 25 Attorney agrees with the consulting agreement, maybe 86 1 some format changes. So I make a motion that we do 2 that. And we enter into an agreement with Jill 3 Shackelford to provide consulting services to Kerr 4 County beginning on -- effective today and authorize the 5 Judge to sign same. 6 COMMISSIONER LETZ: I haven't seen an 7 agreement. 8 COMMISSIONER MOSER: It's in the -- it's -- 9 COMMISSIONER LETZ: Not in my backup. 10 JUDGE KELLY: It's this thing right here. 11 COMMISSIONER MOSER: Yeah. 12 COMMISSIONER LETZ: Just that one page? 13 COMMISSIONER MOSER: Well, I think -- 14 JUDGE KELLY: And it has pricing on the 15 second page. 16 COMMISSIONER MOSER: I should have been -- 17 JUDGE KELLY: That's all we have anywhere. 18 COMMISSIONER MOSER: Okay. No, it -- we've 19 got the draft agreement. I thought it got in 20 everybody's packet. 21 MRS. GRINSTEAD: Well, it's in your bins. I 22 don't know who -- 23 COMMISSIONER MOSER: It's there. 24 COMMISSIONER LETZ: Okay. 25 MRS. STEBBINS: I added some to her -- her 87 1 document, and then she added some more. And I couldn't 2 get the formatting to work. So if -- if she can take 3 care of -- 4 COMMISSIONER MOSER: Format. 5 MRS. STEBBINS: -- cleaning it up that way. 6 COMMISSIONER MOSER: Yeah, I think everybody 7 got a copy of it. 8 JUDGE KELLY: I'll go ahead and second your 9 motion so that we can present the issue. 10 COMMISSIONER MOSER: Okay. 11 JUDGE KELLY: So motion's been made by 12 Commissioner Moser, which I seconded, to enter into a 13 consulting agreement with Jill Shackelford to help form 14 an advisory council for Kerr County and for aggregate 15 producers. 16 COMMISSIONER MOSER: And to come here and 17 consult with the neighbors and aggregate producers. 18 JUDGE KELLY: And as we discussed this, I 19 don't think we ought to try a Town Hall Meeting again, 20 and -- and let me just tell you why. I think we out to 21 have a workshop. I think we ought to do something. But 22 just like the meeting that you're having this Wednesday, 23 I'm out of town. I've had it scheduled for months. And 24 I'm not going to be able to make it, which I'd like to 25 make but I can't. And I couldn't make the one that you 88 1 had back in January. It was my daughter's birthday that 2 day. 3 But in any event, I think that what we ought 4 to do is setup a workshop and so we actually post an 5 agenda. And if -- if the quorum shows up, we're legal. 6 And if the quorum doesn't show up, then just go ahead 7 with it. But I would really like to sit down with her 8 and let her know that what we're focused on here is not 9 so much wanting to have a long term -- long-standing 10 agreement. What we want is for her to counsel us on how 11 to set up an advisory council because we need some sort 12 of intermediary organization, and she is best suited to 13 do it at this point. We don't have anybody else that's 14 prepared to do that. 15 COMMISSIONER MOSER: The duration of this 16 agreement would be like for about a month. 17 JUDGE KELLY: So we could -- 18 COMMISSIONER MOSER: Part of the agreement 19 is she comes back and consults with the Court, okay, on 20 how to proceed. That could be the workshop. Okay. 21 After she's gone, talk to these people, come back to the 22 workshop, say here's what I found, here's what I'd agree 23 to, here's the issues, here's what I'd recommend on 24 forming the advisory council. And so that would be a 25 workshop agenda and then we would decide -- then go 89 1 ready to -- if we want to have an advisory council and 2 we can take action and do that at a later date. 3 JUDGE KELLY: So we've discussed and cussed 4 this enough. Anything else we want to say before we 5 take a vote? 6 COMMISSIONER LETZ: My problem is, this is a 7 pretty vague agreement for $8500. I mean, it doesn't 8 say she's doing much. 9 COMMISSIONER HARRIS: Right. 10 COMMISSIONER LETZ: I mean I -- 11 COMMISSIONER MOSER: What is there to -- 12 COMMISSIONER LETZ: Well, if she's going to 13 visit the -- I mean for $8500, she's going to visit the 14 area, and then give her opinion. It doesn't say who's 15 she's meeting with, it doesn't say she's going to come 16 back here and meet with the Court. It just says she's 17 going to visit the area. 18 COMMISSIONER HARRIS: There's no -- 19 COMMISSIONER LETZ: There's no -- and it's a 20 flat rate, $8500. 21 COMMISSIONER BELEW: It says up to $8500. 22 COMMISSIONER MOSER: Yeah, up to $8500. 23 COMMISSIONER HARRIS: There's -- there's no 24 guarantee the operators will even visit with her. 25 COMMISSIONER LETZ: This says that $8500 90 1 plus $250.00 an hour. 2 COMMISSIONER HARRIS: Yeah, it says plus. 3 COMMISSIONER MOSER: No. It's -- there's -- 4 she'll come here on two occasions, two trips from Austin 5 here to meet with the operators and citizens. Meet with 6 the City, the County group to advise how to move forward 7 to the next step, okay. That's basically -- that's 8 basically what it amounts to, okay. Then help set up an 9 advisory council with guidance and recommendations on 10 how to do that. 11 COMMISSIONER LETZ: I just think it's -- 12 COMMISSIONER MOSER: And it's taking -- I 13 mean it's -- she came here last Monday and went through 14 an hour and a half of discussion of that, which was -- 15 you know, I think she described during that workshop 16 exactly what she was going to do. 17 COMMISSIONER LETZ: But it's not in the 18 agreement is my problem. 19 COMMISSIONER HARRIS: Right. It's -- well, 20 and that's how I formed my opinion is from the workshop. 21 COMMISSIONER MOSER: Right. 22 COMMISSIONER LETZ: I mean, I guess I would 23 like to see deliverables in the -- I mean for this kind 24 of money. 25 COMMISSIONER MOSER: Well, I'll -- I'll 91 1 change my motion then, to agree -- or to approve a 2 consulting agreement with delineation, improved 3 delineation on the deliverables. 4 COMMISSIONER LETZ: My preference is bring 5 it back to the next meeting -- 6 COMMISSIONER MOSER: Okay. 7 COMMISSIONER LETZ: -- with an actual -- 8 with a -- the scope of work clearly outlined on what it 9 is and a not to exceed language and -- 10 COMMISSIONER MOSER: Okay. We'll do that. 11 And then we'll see if -- when she would be able to 12 start. Okay? 13 COMMISSIONER LETZ: Yeah. 14 COMMISSIONER MOSER: So if she -- she's able 15 to start tomorrow now. I don't know when she'll be able 16 to come back. So Mike -- 17 MR. RUSS: I understand. I understand. 18 It's -- you know, it's a start. You know, if you can 19 get some more information and make it feel more 20 comfortable, but I mean they're not going anywhere. I 21 mean, they're still running it. And hopefully the -- at 22 least the tractor noise or beeping noise is going to -- 23 if he's going to follow through with that, and I'll let 24 you guys know, but -- 25 COMMISSIONER LETZ: Good. And I -- 92 1 MR. RUSS: I just thank you guys and, I 2 mean, I get it. 3 COMMISSIONER LETZ: -- I support doing it. 4 And I'd vote for it, but I'd just like to see exactly 5 what we're going to get more outlined and then the other 6 question about -- you know, we pay consultants a lot. 7 So I don't -- I mean that argument to me doesn't hold a 8 lot of water. We have Peter Lewis on a contract that 9 advises us about architects. We have -- we're getting 10 ready to hire -- we have outside attorneys all over the 11 place that advise us on stuff. So we hire a lot of 12 consultants. 13 COMMISSIONER BELEW: But this is an 14 intermediary capacity and that's a little different. 15 This is somebody that's trying to make peace with 16 everyone. And that's a whole different thing. And I 17 don't know that it sets a good precedent, but I do agree 18 that it's $8500 retainer and then $250 an hour 19 thereafter. 20 COMMISSIONER MOSER: It's not a retainer, 21 it's performance. 22 COMMISSIONER BELEW: It's -- it's -- 23 COMMISSIONER MOSER: Performance. 24 COMMISSIONER BELEW: -- $8500 up front with 25 two visits promised here and then $250 an hour after 93 1 that. That's -- 2 COMMISSIONER MOSER: No, if -- if needed. 3 COMMISSIONER BELEW: -- if needed. 4 COMMISSIONER MOSER: That would be us to say 5 if it's needed. 6 COMMISSIONER LETZ: Well, I'd rather have -- 7 I want to know exactly what she's going to do and 8 then -- 9 MRS. STEBBINS: Clearer scope of work? Is 10 that the request you'd like for me to get from her is a 11 clearer scope of work? 12 COMMISSIONER LETZ: Yes. 13 COMMISSIONER MOSER: Yeah. 14 JUDGE KELLY: So -- 15 COMMISSIONER HARRIS: I'd like to hear if -- 16 her reach out to the operator to see if they're even 17 going to talk. 18 COMMISSIONER MOSER: I'm glad you brought 19 that up. I've notified each one of the operators that 20 we were considering entering into a consulting 21 agreement. 22 COMMISSIONER HARRIS: We have -- 23 COMMISSIONER MOSER: So it's -- no, we have 24 one here. 25 COMMISSIONER HARRIS: Martin Marietta. 94 1 COMMISSIONER MOSER: Yeah. Yeah. Okay. I 2 notified the others just so they wouldn't get 3 blindsided -- 4 COMMISSIONER HARRIS: Sure. 5 COMMISSIONER MOSER: -- and they didn't 6 interpret something that we were trying to ram something 7 down their throat. So -- and I've talked to -- talked 8 to Adam Jenschke who operates West Texas Aggregate and 9 talked to him for 30 minutes on that. He was -- at 10 first, he was concerned with it, then he said, oh, good. 11 I think that's a -- that's a good idea. So -- 12 COMMISSIONER LETZ: Did you talk to David or 13 Jerry Wheatcraft? 14 COMMISSIONER MOSER: I've sent a note to 15 him. He didn't respond. 16 JUDGE KELLY: Well, as the presiding officer 17 I need to know. We've got a motion and I don't know if 18 that motion has been amended yet or not or if we're 19 going to pass the motion, but we -- we need to do 20 something. We need to clarify where we are with this 21 and -- and we need to take a vote or we'll pass to the 22 next -- 23 COMMISSIONER MOSER: Okay. The motion was 24 to enter into an lease agreement with Jill Shackleford 25 as delineated or as outlined in your backup with the 95 1 modification to delineate the deliverables. 2 JUDGE KELLY: Okay. 3 COMMISSIONER MOSER: That's the motion. 4 JUDGE KELLY: That's the motion. Any other 5 discussion? 6 COMMISSIONER LETZ: Okay. 7 JUDGE KELLY: I'm going to let Commissioner 8 Moser make the motion. I mean, I second it. I -- I 9 agree with the revision. But we need to get a thumbs 10 up, thumbs down on this. Those in favor raise your 11 hand. 12 (Commissioner Moser and Judge Kelly raised 13 their hands.) 14 JUDGE KELLY: Two. Those against? 15 (Commissioners Belew, Letz and Harris raised 16 their hands.) 17 JUDGE KELLY: Three. Three-two vote. 18 COMMISSIONER LETZ: Bring it back with a new 19 contract and I'll vote for it. Probably. 20 COMMISSIONER MOSER: It may well go to 21 Executive Session. 22 COMMISSIONER BELEW: We'll bring it back. 23 JUDGE KELLY: We're not giving up. 24 MR. RUSS: All right. Just let me know. 25 COMMISSIONER MOSER: Thanks, Mike. 96 1 MR. RUSS: Have a wonderful day. 2 JUDGE KELLY: Okay. We've got a series of 3 timed items at 10 o'clock that we're going to start with 4 now. The first one is 1.21 consider, discuss and take 5 appropriate action for the Court to consent to an 6 annexation request of 5.556 acres and relinquishing 7 maintenance for a portion of Lehmann Drive into the City 8 of Kerrville. Charlie Hastings. 9 MR. HASTINGS: Thank you, Judge. Overland 10 Property Group is proposing an affordable housing 11 development near 160-170 Lehmann Drive, which is 12 adjacent to the City of Kerrville. In order to access 13 water and sewer utilities, they are requesting 14 annexation into the City of Kerrville. They have asked 15 for a document that shows Kerr County is comfortable and 16 in agreement with this request. 17 The County Engineer requests the Court 18 consent to an annexation request of 5.556 acres and 19 relinquishing maintenance of a portion of Lehmann Drive 20 into the City of Kerrville, Precinct 1. 21 COMMISSIONER BELEW: I move for approval. 22 COMMISSIONER HARRIS: Second. 23 JUDGE KELLY: Motion's been made by 24 Commissioner Belew, seconded by Commissioner Harris to 25 approve the -- and consent to an annexation request of 97 1 5.556 acres and relinquishing maintenance for a portion 2 of Lehmann Drive. Any other discussion? Those in favor 3 raise your hand. Unanimous, five zero. 4 Item 1.22 consider, discuss and take 5 appropriate action for the Court to provide input for a 6 concept plan for 78.95 acres between Bear Creek Scout 7 Road and Cedar Cliff Loop in Hunt, Texas. Charlie 8 Hastings. 9 MR. HASTINGS: Thank you. The 10 owner/developer, Rebecca Key, has a proposed total acres 11 of 78.95 acres for the proposed number of lots is seven. 12 The smallest lot size would be 5.01 acres. These lots 13 will all have their own private wells, their own septic 14 system. Their floodplain -- there is some floodplain, 15 Zone A on the property. There's no proposed roads. 16 The concept plan proposes subdividing that 17 acreage between Bear Creek Scout Road and Cedar Cliff 18 Loop into seven lots, with a small tract for river 19 access. That small tract will have notes on the plat 20 that says it can't be used for residential purposes. 21 It's too small. It's just simply -- it's on the other 22 side of FM 1341 -- or 1340, I'm sorry. I get those 23 confused. And it'll remain over there and be used as a 24 park. 25 Access to the proposed lots will be from 98 1 Bear Creek Scout Road and Cedar Cliff Loop. A portion 2 of the property is in the floodplain, like I mentioned. 3 It must meet the requirements for the development that's 4 in the floodplain. 5 There's a request, a preference for the name 6 of this subdivision to be Estates at Bear Creek. I've 7 had discussions with the developer over that because we 8 have a number of subdivisions and roads that already use 9 the Bear Creek name. We didn't want to cause any 10 further confusion. 11 This is a concept plan at this point. So 12 we're asking -- the County Engineer is requesting for 13 the Court to provide input for this concept plan between 14 Bear Creek Scout Road and Cedar Cliff Loop in Hunt, 15 Texas. It is Precinct 4. I'll open it up for your 16 input. 17 COMMISSIONER MOSER: Do we have any say over 18 what they call it? 19 MR. HASTINGS: Yes. Yes. The name of the 20 subdivision has to be checked by the County Clerk to see 21 if there's any other subdivisions with that name. 22 COMMISSIONER MOSER: Okay. 23 COMMISSIONER HARRIS: Dealing with 9-1-1 and 24 those issues. 25 COMMISSIONER MOSER: But, if there's -- 99 1 well, 9-1-1 doesn't go by subdivisions. 2 COMMISSIONER HARRIS: Well no, but -- 3 MR. HASTINGS: But they do go by street 4 names and -- 5 COMMISSIONER MOSER: Right. 6 MR. HASTINGS: -- if you say I'm at Bear 7 Creek because you live at the Estates of Bear Creek, 8 that could cause some confusion up front. 9 COMMISSIONER MOSER: Okay. I see. 10 COMMISSIONER HARRIS: They can have -- 11 COMMISSIONER MOSER: But there's no -- in 12 the concept plan there's no -- say that again about no 13 roads is shown on this concept plan? 14 MR. HASTINGS: Oh. The -- all the roads 15 that surround the subdivision are existing. 16 COMMISSIONER MOSER: Oh, I see. Gotcha. 17 MR. HASTINGS: There will need to be some 18 right-of-way dedication and we'll work that out through 19 the platting process once we get a survey back from 20 their surveyor. I think Charlie Dominguez is going to 21 do the survey. 22 But again, at this point, according to our 23 subdivision regulations, at the concept plan level, you 24 meet with the commissioner and the subdivision 25 administrator and if either one of us wants to bring it 100 1 to the Court to get the Court's input, then -- then we 2 do and that's what we're here today for, is to get your 3 input. 4 COMMISSIONER MOSER: There's -- so these are 5 five acre or greater lots? 6 MR. HASTINGS: Yes, sir. 7 COMMISSIONER MOSER: So water availability, 8 they don't have to do anything to show water 9 availability? 10 MR. HASTINGS: That's correct. 11 COMMISSIONER MOSER: Do they plan to do 12 that? 13 MR. HASTINGS: That would be a question for 14 the developer. The developer is here. 15 COMMISSIONER MOSER: Okay. 16 MS. KEY: No, sir. We were -- just have -- 17 going to have wells drilled or -- or whoever purchases 18 would be drilling wells for each lot. 19 COMMISSIONER MOSER: Yeah. Well, that's -- 20 the reason I asked that is because the one we talked 21 about in Verde Creek Ranch, that's five acres or greater 22 too, but they're going to drill a well to -- to 23 demonstrate water availability. Plus the developer 24 said, you know, he's not going to propose something like 25 that when there's not sufficient water available. And 101 1 so I was just curious. But there's no plan to do that 2 with this development? 3 MS. KEY: No, sir. And there -- we don't 4 have any reason to think that there isn't water 5 available out in that area. There's several homes with 6 wells in that area that are producing. 7 COMMISSIONER MOSER: Yeah. I think in this 8 other one, too, they're going to even let the water 9 availability demonstration well and then be a monitor 10 well for Headwater Groundwater, which is an important 11 thing to do, so -- anyway, but you're saying no? 12 MS. KEY: No, sir. 13 COMMISSIONER MOSER: You're not going to do 14 it, okay. 15 JUDGE KELLY: That's a big outfit. 16 That's -- 17 COMMISSIONER LETZ: Besides, they're 18 required to. This is not -- 19 MR. HASTINGS: Well then, what Commissioner 20 Moser is saying, the one on Verde Creek off of 480, 21 they're not required -- 22 COMMISSIONER MOSER: No, they're not 23 required to at all. 24 MR. HASTINGS: -- but they have chosen to on 25 their own. 102 1 COMMISSIONER MOSER: Right. 2 MR. HASTINGS: But they're in that Center 3 Point area that has known issues for water availability. 4 Hunt, as far as I know -- I've not heard of any water 5 availability issues in the Hunt area because the density 6 is not there. 7 COMMISSIONER MOSER: Yeah. Yeah. Okay. 8 MR. HASTINGS: You may have to drill a deep 9 well, but the density is not there. 10 COMMISSIONER BELEW: It's pretty high 11 elevation where you're talking about, isn't it? 12 MS. KEY: Yes, sir. It goes up to almost 13 2000 feet. 14 COMMISSIONER BELEW: That's what I was 15 thinking while -- when they were sitting here talking 16 about drilling wells. 17 MS. KEY: Yeah. Probably going to be 18 between 650 to -- it'll be a deep Trinity well, unless 19 they can hit -- they may be able to hit the Edwards out 20 there. Just depends. 21 MR. HASTINGS: One of the things that we did 22 want to discuss, this is a real sticking point for the 23 developers. They really, really like the name of 24 Estates at Bear Creek and I really am against it because 25 of existing subdivisions and we've got -- we have 103 1 streets named Bear Creek that are in Precinct 3 and in 2 Precinct 4, and maybe even a little bit in Precinct 1. 3 Already. 4 MS. KEY: Right. 5 MR. HASTINGS: And so I said please don't 6 use that name. She does have an alternate name she came 7 up with, Shadow Bluff. But this was -- she really 8 wanted to hear from the Court either a yay or a nay on 9 proceeding with that subdivision name, which I -- I 10 don't think we can by our rules, but the Court has the 11 final say. 12 COMMISSIONER HARRIS: Shadow Bluff sounds 13 good. 14 MS. KEY: I do have letters from 9-1-1 with 15 addresses for each of the lots already. And they'll 16 either be, you know, Cedar Cliff 9-1-1 address or Bear 17 Creek Scout Reservation Road address. So if someone 18 does call 9-1-1 and they're on Bear Creek Scout Road, 19 that's how they will be identified. But it's -- 20 COMMISSIONER LETZ: It is confusing when we 21 have a lot of subdivisions using the same name or 22 similar names. 23 MS. KEY: Uh-huh. 24 COMMISSIONER LETZ: But my preference would 25 be to go with the alternate name. 104 1 UNIDENTIFIED VOICE: Scout Reservation, Bear 2 Creek. 3 MR. HASTINGS: Commissioner Harris, would 4 you like for me to read into the record that e-mail that 5 we received? 6 COMMISSIONER HARRIS: It wouldn't hurt. 7 MR. HASTINGS: Okay. This is from Ken Lamb. 8 Greetings, gentlemen. I am unable to attend Monday's 9 meeting at the Commissioners Court but I have two 10 comments on the proposed development along Bear Creek 11 Scout Road, item 1.22. That's what we're on now. 12 Having lived on this road for almost 25 13 years, the 90 degree curve in the road at proposed Lot 14 No. 5 can be treacherous. I hope the developer will be 15 asked to put setbacks and restrictions on Lot 5 to 16 maintain a line of sight for road traffic through there. 17 There have been quite a few accidents there over the 18 years. 19 I can address that right away by saying 20 there's going to need to be right-of-way dedicated along 21 Bear Creek Scout Road. We measured it, I think it was 22 40 feet, and they're going to need to dedicate their 23 fair share of 60, which would be -- 24 COMMISSIONER HARRIS: We were out there last 25 week and looked at it. 105 1 MR. HASTINGS: Secondly, the Conn Family 2 Cemetery is located very near the intersections of 3 Lots 1, 2, and 6. Graves here date back to 1900. It is 4 also the resting place of Randolph Davis. Young 5 Mr. Davis died serving our country in World War I. The 6 Conn Family, along with the Bensons, were the first 7 settlers in this area. 8 I would ask that the developer work with the 9 Kerr County Historical Commission to protect and respect 10 this part of our history. Thank you for your time. Ken 11 Lamb, 125 Bear Creek Scout Road, Hunt Texas. 12 And I was told -- and it's not shown on the 13 concept plan -- but in one of our concept plan meetings 14 the developer shared with us a preliminary survey that 15 was done by Charles Dominguez and it does show that 16 cemetery area. The concept plan -- it's a concept plan, 17 it doesn't show it yet, but it should be somewhere on 18 Lot -- did he say Lot 1 or 2? We were looking at it -- 19 MS. KEY: Probably Lot 2. 20 MR. HASTINGS: I think it's on Lot 2. But 21 that will be reflected and preserved for sure -- 22 COMMISSIONER HARRIS: Good. 23 MR. HASTINGS: -- as part of the platting 24 process. So we believe both of those issues will be 25 addressed during the platting and the engineering design 106 1 process. 2 COMMISSIONER HARRIS: What else do we need 3 to do? 4 MR. HASTINGS: If there's no more input from 5 the Court, we can go to item 1.23. 6 JUDGE KELLY: Well, we need to take action, 7 don't we? 8 MR. HASTINGS: The only action would be to 9 provide input. And if you have none then -- then 10 there's no action. 11 JUDGE KELLY: Okay. Then I call 1.23 12 consider, discuss and take appropriate action for the 13 Court to approve a Final Plat for Miles Acres. Charlie 14 Hastings. 15 MR. HASTINGS: Thank you. This proposal 16 creates four lots with frontage along Ranchero Road and 17 Calcote Road. It dedicates 0.55 acres as right-of-way 18 on Ranchero Road. Lot 1 will be 5.63 acres and is 19 partially within Kerrville's ETJ. Lots 2, 3, and 4 will 20 be 2.0 acres each and are outside Kerrville's ETJ. 21 And the County Engineer requests the Court 22 approve a Final Plat for Miles Acres; Deed File 23 No. 20-08593, Precinct 2. 24 COMMISSIONER MOSER: And water is provided 25 by? 107 1 MR. HASTINGS: Water is provided by Aqua 2 Texas. 3 COMMISSIONER MOSER: Okay. Move for 4 approval. 5 COMMISSIONER BELEW: Second. 6 JUDGE KELLY: Motion's been made by 7 Commissioner Moser, seconded by Commissioner Belew to 8 approve the Final Plat for Miles Acres. Any discussion? 9 Those in favor raise your hand. Five zero, unanimous. 10 1.24 consider, discuss and take appropriate 11 action for the Court to approve an Amending Plat for the 12 Estates at Turtle Creek Section 2, Lots 27R and 28R. 13 MR. HASTINGS: This plat was revised and 14 approved on February 8th, 2021 through a revision of 15 plat. We just had it go through our Court. However, 16 the owners wish to show an increased front building 17 setback line on the plat. I think that's a deed 18 restriction that was missed. 19 So this proposed amendment only changes the 20 front building setback line from 50 feet to 75. Lot 27R 21 currently has 128.67 feet of road frontage which was not 22 a problem for us in February. That's approved. 23 The County Engineer requests the Court 24 approve an Amending Plat for Estates at Turtle Creek, 25 Section 2, Lots 27R and 28R, Plat File No. 21-01235, 108 1 Precinct 2. 2 COMMISSIONER MOSER: Move for approval. 3 COMMISSIONER LETZ: Second. 4 JUDGE KELLY: Motion's been made by 5 Commissioner Moser, seconded by Commissioner Letz to 6 approve the Amending Plat for the Estates at Turtle 7 Creek, Section 2, Lots 27R and 28R. Any discussion? 8 Those in favor raise your hand. Unanimous, five zero. 9 1.25 consider, discuss and take appropriate 10 action for the Court to set a public hearing for 10 a.m. 11 on June 14 for a revision of plat for Estates at Turtle 12 Creek, Section Two, Lots 39 and 40. Charlie Hastings. 13 MR. HASTINGS: This proposal adjusts the lot 14 line between lot 39, which currently is 3.27 acres, and 15 Lot 40, currently 2.71 acres. Lot 39R will be 3.11 16 acres and Lot 40R will be 2.87 acres. Property access 17 and road frontage to both lots will remain on Estates 18 Drive. 19 Lot 39 currently has 51.9 feet of frontage 20 on the cul-de-sac, and will now have 51.3. We require 21 60, but the Court can allow something less. That's 22 very, very close to 60. 23 County Engineer requests the Court set a 24 public hearing for 10 a.m. on June 14, 2021 for a 25 revision of plat for Estates at Turtle Creek, Section 2, 109 1 Lots 39 and 40, Volume 6, Page 241, Precinct 2. 2 COMMISSIONER MOSER: So just for 3 clarification, we have to have a public hearing just for 4 this change? 5 MR. HASTINGS: Yes, sir. 6 COMMISSIONER MOSER: Okay. Move for 7 approval. 8 COMMISSIONER LETZ: Second. 9 JUDGE KELLY: Motion's been made by 10 Commissioner Moser, seconded by Commissioner Letz to set 11 a public hearing for 10 a.m. on June 14th for a revision 12 of plat for Estates at Turtle Creek, Section 2, Lots 39 13 and 40. Any discussion? Those in favor raise your 14 hand. Unanimous, five zero. 15 Item 1.26 consider, discuss and take 16 appropriate action for the Court to set a public hearing 17 for 10 a.m. on June 14, 2021 for revision of plat for 18 River Dance Ranch, Lot 2. Charlie Hastings. 19 MR. HASTINGS: Thank you. River Dance Ranch 20 is a recent subdivision, it was done in 2020. This 21 proposal revises and enlarges Lot 2, it's currently 5.01 22 acres, by adding a portion of an adjacent unplatted 23 tract. The property access and road frontage will 24 remain on Highway 39. This property is in the 25 floodplain and must meet requirement for development in 110 1 the floodplain. 2 The County Engineer requests the Court set a 3 public hearing for 10 a.m. on June 14, 2021 for a 4 revision of plat for River Dance Ranch, Lot 2, Plat File 5 No. 20-08922, Precinct 4. 6 COMMISSIONER HARRIS: I move for approval. 7 COMMISSIONER BELEW: Second. 8 JUDGE KELLY: Motion's been made by 9 Commissioner Harris, seconded by Commissioner Belew to 10 set a public hearing for 10 a.m. on June 14, 2021 for a 11 revision of plat for River Dance Ranch, Lot 2. Any 12 discussion? 13 COMMISSIONER LETZ: What was the purpose of 14 that lot originally, Charlie? 15 MR. HASTINGS: Well, originally when they 16 created the lots on the south side of FM 13 -- are we on 17 39 or -- we're on 39 now. Okay. So in the Hunt area of 18 39, the south side. They created those lots. And the 19 remainder of what they didn't plat was on the north side 20 of 39, and kept access across the road, didn't dedicate 21 right-of-ways, down to the river. 22 Now, what they have done is now they're 23 ready to plat the north side. You don't have that 24 before you right now. But it is in my office to plat 25 the north side. And they -- people have sold and bought 111 1 lots, and that Lot 2 says, Man, if I could just get a 2 little bit bigger lot from that part that had not been 3 platted previously, that would be great. 4 And the plat that we will be receiving in 5 the next few weeks that completes all this is going 6 to -- is the missing piece of the puzzle. They will 7 dedicate right-of-way for Highway 39 to the State, and 8 everything will be good after that. But it was for 9 river access. 10 COMMISSIONER LETZ: I remember looking at 11 this, as I recall now. 12 MR. HASTINGS: It -- it's been several 13 months. 14 COMMISSIONER BELEW: Everything will be good 15 after that. 16 MR. HASTINGS: That's right. 17 COMMISSIONER BELEW: I just want to make 18 sure I heard that right. 19 MR. HASTINGS: And I'll state it again. 20 Everything will be good after that. 21 COMMISSIONER BELEW: Okay. Give me two 22 weeks. 23 JUDGE KELLY: Any other discussion? Those 24 in favor raise your hand. Unanimous, five zero. 25 Item 1.27 consider, discuss and take 112 1 appropriate action for the Court to set a public hearing 2 for 10 a.m. on June 14, 2021 for a revision of plat for 3 Kerrville Country Estates, Section 2, Lot 37. Charlie 4 Hastings. 5 MR. HASTINGS: This proposal divides Lot 37, 6 currently 11.62 acres, into two lots. Lot 37A will be 7 5.82 acres and have access from Solar Hill. Now, this 8 is interesting. Solar Hill was abandoned by the Court 9 and that Court Order will be noted on the plat. It's 10 not in what you have now, but that's one of my comments 11 to the surveyor. 12 Since it was abandoned, it is now private, 13 and any gate or fence or any encroachments that are 14 across it are allowable, which they have. That was 15 another comment I made, but we were able to determine in 16 the 90's, this legitimately went to the Commissioners' 17 Court and they abandoned Solar Hill. So that kind of 18 changes some of my comments that I originally made 19 before I submitted this to you all. 20 So Lot 37B, the other one, 37A will be 5.82 21 acres, Lot 37B will be 5.8 acres and have access from 22 Kerrville Country Drive. These lots are located in 23 Kerrville's ETJ and would typically be platted through 24 both the City of Kerrville and Kerr County 25 simultaneously. There is a request to only plat this 113 1 property through Kerrville and for the Court to waive 2 platting oversight and approval. Although platting 3 oversight might be waived, signature blocks for both the 4 Kerr County Floodplain Administrator and OSSF designated 5 representative would be required still on the plat; 6 however, in my review, additional right-of-way will be 7 needed along Hill Country -- Kerr Country Drive. And 8 because of that, if it's going to be dedicated through 9 the County it has to go through Commissioners Court to 10 receive that right-of-way dedication. 11 So the County Engineer requests that the 12 Court deny the applicant's request to waive platting 13 oversight and approval to the City of Kerrville, which 14 the surveyor said, hey, I expected y'all to deny this 15 because of that. He was just asking for the client that 16 did that. 17 And number 2, set a public hearing for 10 18 a.m. on June 14, 2021 for a revision of plat for Kerr 19 Country Estates, Section 2, Lot 37, Volume 4, Page 131, 20 Precinct 1. 21 COMMISSIONER MOSER: But the Agenda item is 22 just set a public hearing. 23 MR. HASTINGS: Set a public hearing because 24 it -- it -- I don't -- 25 COMMISSIONER MOSER: But it's just to set a 114 1 public hearing? 2 MR. HASTINGS: It is to set a public 3 hearing. 4 COMMISSIONER BELEW: Right. Okay. So I 5 move for approval and then it'll clean up something that 6 we didn't even know really was a problem. 7 COMMISSIONER MOSER: Just a public hearing, 8 Jonathan. 9 COMMISSIONER LETZ: Yeah. Second. 10 JUDGE KELLY: Motion's been made by 11 Commissioner Belew, seconded by Commissioner Letz to set 12 a public hearing for 10 a.m. on June 14, 2021 for 13 revision of plat for Kerrville Country Estates, 14 Section 2, Lot 37. Any other discussion? Those in 15 favor raise your hand. Unanimous, five zero. 16 1.28 consider, discuss and take appropriate 17 action for the Court to approve a preliminary plat for 18 the YOHQ Ranches Subdivision, Precinct 4. 19 MR. HASTINGS: Judge and Commissioners, this 20 proposal is for 25 large tracts. Each one of them is 21 over 100 acres each, so this is what we call a 22 ranchette. With two new private roads, Gavilan Road and 23 Aquila Road. A concept plan meeting was held on April 24 29th, 2021. Access to the subdivision will be -- and 25 the concept plan meeting is with the Commissioner and 115 1 myself and representatives from Headwaters, 2 Environmental Health, etc. 3 Access to the subdivision will be off of YO 4 Ranch Road, and that is an existing road that is already 5 paved. A portion of the subdivision is in the 6 floodplain and must meet requirements for development 7 within the floodplain. 8 The existing YO Ranch Road is paved and is 9 being tested by a geotechnical lab to ascertain its 10 quality to see if any upgrades are necessary, which 11 we're kind of anticipating there won't. I've driven it. 12 I've looked at it. We've kicked it. We've spit on it. 13 We feel like it's a good road but we don't know for sure 14 until the geotech report comes back. 15 The proposed roads, those two that I 16 mentioned before, will be private unpaved roads because 17 they serve eight or less lots. And our regulations 18 state that if you're serving eight or less lots and 19 you're -- the lots that you're creating are all ten 20 acres or more and there's a restriction on the plat that 21 those lots can never been further divided, then you may 22 have unpaved roads. This is intended for this whole 23 concept of a very large tract of land and it's just not 24 economical to pave ranch roads serving hundred acre 25 ranchettes. And that's what our regulations allow for 116 1 this. It was intended for that. 2 So again, these lots are 100 plus acres, 3 well above the 10-acre regulation. And they will have a 4 restriction in the -- when it's platted that they cannot 5 be further subdivided. 6 The County Engineer requests the Court 7 approve a preliminary plat for YOHQ Ranches Subdivision, 8 Precinct 4. And the representative from the developer 9 is here. 10 COMMISSIONER HARRIS: This is well laid out. 11 A lot of thought has gone into it and I like everything 12 about it. I move for approval. 13 COMMISSIONER LETZ: Second. 14 JUDGE KELLY: Motion's been made by 15 Commissioner Harris, seconded by Commissioner Letz to 16 approve the preliminary plat for YOHQ Ranches 17 Subdivision in Precinct 4. Any other discussion? Those 18 if favor raise your hand. Unanimous, five zero. 19 Item 1.29 consider, discuss and take 20 appropriate action to adopt the Kerr County 2020-21 21 Annual Road Condition Report, Precincts 1, 2, 3 and 4. 22 MR. HASTINGS: Thank you, Judge. Section 23 251.005 of the Texas Transportation Code requires the 24 following: A Commissioner's Road Report. Now, this is 25 in a County where the Commissioner is serving as the 117 1 road supervisor, which that is not our case. But I'm 2 going to read through it anyway, because when we follow 3 this, and when the County Engineer and the Road 4 Administrator prepared this report, it's a super 5 fantastic report that helps us with budgeting, helps us 6 get grants, etc. 7 So the report, it states that it should have 8 the following in it: The County Commissioner serving as 9 a Road Supervisor shall make a sworn annual report 10 during the ninth month of the county fiscal year, that's 11 May, on a form approved by the Commissioners Court 12 showing: (1) the condition of each road or part of the 13 road and of each culvert and bridge in the 14 Commissioner's Precinct; (2) the amount of money 15 reasonably necessary for maintenance of the road in the 16 precinct during the next county fiscal year; (3) the 17 number of traffic control devices in the precinct 18 defaced or torn down; (4) any new road that should be 19 opened in the precinct; and (5) any bridges, culverts, 20 or other improvements necessary to place the roads in 21 the precinct in good condition, and the probable cost of 22 the improvements. 23 (5)(b) The report shall be entered into the 24 minutes of the Commissioners Court to be considered in 25 approving the public roads and determining the amount of 118 1 taxes imposed for public roads; and (5)(c) The report 2 shall be submitted, together with each contract made by 3 the Court since its last report for any work on any road 4 to the grand jury at the first term of the district 5 court occurring after the report is made to 6 Commissioners' Court. 7 We haven't been doing that because we don't 8 really have to do this report. In 1986, Kerr County 9 abandoned the "Commissioner Road Supervisor" form of 10 government and instead adopted the Road & Bridge 11 Unitized System, to be operated by a Road Administrator 12 and/or County Engineer; therefore, the annual report is 13 not a necessity, but serves as a budgeting and reporting 14 tool, and is sometimes necessary to apply for certain 15 state or federal grants. 16 The attached report has been modified to 17 include costs of repairs for specific roads due to 18 Oil/Gas or Overweight Truck Traffic. It was useful for 19 the Country Transportation Infrastructure Fund grants 20 that we just got last year. We secured $92,000.00 in 21 2020 because we did this report. And it's also going to 22 be a good report for road degradation due to the 23 Disaster Recovery 4586, which is the "Winter Storm Uri" 24 we just went through, it's going to be used for FEMA 25 grants. 119 1 That's why we're here, folks. We're here to 2 get money from the Federal Government to aid us in the 3 disaster we just went through. We're here to -- to get 4 money from the State from oil and gas degradation to our 5 roads from heavy truck traffic. We don't have a lot of 6 that, but we do have it. 7 So I'm going to go through the report real 8 quick, and I'm going to recommend that you approve it. 9 If you go -- if you do have the spreadsheet that I gave 10 you, and you go to the very last page. Number one, our 11 road conditions -- a one means that the road needs to be 12 reconstructed. A two, it needs to be sealed. Number 13 three is it's in fair condition. Four, it's in good 14 condition, and five, it's excellent, brand new road. 15 Just a couple years old. 16 Our totals for this year, we're averaging 17 now a 2.95 of that condition index. Okay. Last year, a 18 year ago we were at 2.8. We made huge strides to go 19 from a 2.8 to just basically a 3.0. That's huge. And 20 really our goal is going to be somewhere between 3.0 and 21 4.0, to just maintain that so that our roads are just 22 always in good shape. 23 Okay. You've got to remember that we were 24 on about a 17 or 18, maybe even a 19-year schedule for 25 resealing roads. That's too long. They just -- the 120 1 seals don't last that long. We're on a ten-year 2 schedule right now. And in order to maintain that, 3 we've got to continue to shoot about 50 miles of roads 4 every year. So let's keep looking through. 5 So our main road degradation cost overall is 6 just delayed maintenance. We got out of the ten-year 7 cycle. Our culvert cost to repair or replace -- and 8 this is really more of a replace. Our culverts are 9 okay, but there's some of them that are undersized. 10 Precinct 1, we got about $50,000.00 of 11 culverts that probably need to be replaced in the next 12 coming, you know, five to ten years. Precinct 3, about 13 15 grand. Precinct 4, about 90 grand. So that's a 14 total of about 155,000. That's not something we need to 15 do today. Within the next ten years we probably need to 16 upgrade some culverts. 17 The bridge cost to repair and replace. 18 Right now we've got $600,000 identified for Precinct 2. 19 This is over at Dave's Place. We've been talking about 20 this for years. That bridge is not on the bridge 21 program because the span is less than 20 feet. If the 22 span was 20 feet or more it could be on that TxDOT 23 bridge program and get into that cycle where we only pay 24 10 or 20 percent of the cost. But right now, this is a 25 hundred percent on us. Again, I don't think it's 121 1 something we jump up and, you know, hold the presses and 2 go fix immediately, but we've got to keep it on the 3 radar screen for the next five or ten years. 4 Control -- traffic control devices. 5 Precinct 1, you have 43. Precinct 2, 118. We're 6 talking about street signs that got knocked down and had 7 to be replaced or new ones that got put up. Precinct 3, 8 33, and Precinct 4, 152. So Precinct 4 wins the battle 9 of signs in here. A total of 346 for -- for that whole 10 year that started May of 2020 and ended April 30 of 11 2021, so that whole year's cycle. 12 New roads needed for opening. Again, this 13 is out in the future. Precinct 1, we've talked about a 14 Ranchero/Sheppard Rees connector. We've talked about a 15 Fisher -- the Upper Turtle Creek connector. Precinct 2, 16 a Riverhill bypass from State Highway 173 to State 17 Highway 16. Precinct 3, a bypass from I-10 to State 18 Highway 27 somewhere. And Precinct 4, we don't -- we 19 don't have anything identified for Precinct 4. 20 COMMISSIONER MOSER: Is there anything on 21 the concept for Precinct 3 to bypass between Interstate 22 10 and Highway 27? 23 COMMISSIONER LETZ: Not yet, no. The idea 24 is pretty much try to avoid coming through that because 25 it's going take something with Kendall County and we're 122 1 trying to figure out how to do that. And we've looked 2 at other bypass further out, but I don't -- they're not 3 real feasible. Further west. 4 COMMISSIONER MOSER: Okay. 5 COMMISSIONER LETZ: And that may never 6 happen. It just -- it needs to be looked at, trying to 7 get around -- 8 COMMISSIONER MOSER: Yeah. 9 COMMISSIONER LETZ: -- but there's more and 10 more traffic, especially with the roads in your 11 Precinct. They all take that first Comfort exit and go 12 right through the middle of town. 13 COMMISSIONER MOSER: Yeah. Right. Okay. 14 Well, Charlie I'm glad that -- happy to see that you 15 have on there the potential for Riverhill bypass, too. 16 MR. HASTINGS: Yes, sir. 17 COMMISSIONER MOSER: So that's good. 18 Probably going to be a long time ever happening, but to 19 just put it on the radar. 20 MR. HASTINGS: And this is a good time and 21 also through the budget process, anytime as a 22 Commissioner that you see another road that needs to be 23 added to this list, just tell me. And we'll stick it on 24 there so we don't lose sight of it. 25 COMMISSIONER MOSER: Okay. Got it. 123 1 MR. HASTINGS: Gotta keep it in our list. 2 COMMISSIONER LETZ: Charlie -- 3 MR. HASTINGS: Yes? 4 COMMISSIONER LETZ: -- are you finished? 5 MR. HASTINGS: No. I'm not. 6 COMMISSIONER LETZ: Sorry to interrupt. 7 MR. HASTINGS: Our proposed maintenance for 8 2021, this is -- these are roads that are going to 9 happen this summer. It'll all depends on the weather 10 and whether or not we get anymore, you know, disasters. 11 But right now we plan on doing 15 miles in Precinct 1, 12 9 miles in Precinct 2, 3 in Precinct 3, and 19 in 13 Precinct 4, for a total of 47 miles. So again, we're 14 trying to hit that 50 mile mark. 15 We have a total of 467 miles so ten years, 16 that would be 46 point -- 47 miles a year. We say 50 17 because we're rounding up. But as long as we do 47 18 miles a year we're in good shape. So that's what we 19 want to do. 20 Our 2021 proposed maintenance budget, we're 21 budgeting -- right now y'all are budgeting 1.3 million 22 dollars. Okay. Now, $92,000 of that is going to be 23 reimbursed through the CTIF because we have this fancy 24 report. That's why we got that money. And we also have 25 some cost savings in our contract with Edmund Jenschke, 124 1 so we're actually going to spend $1,050,000, something 2 like that, out of the 1.3 that is in the budget. 3 Cost for repairs of specific roads due to 4 oil and gas, we're receiving that $92,000. We -- it's 5 going to happen this summer and that's Witt Road when 6 that gets redone, we'll get reimbursed $92,000. 7 Cost of repairs for specific roads due to 8 disaster recovery 4586, Winter Storm Uri degradation. 9 Precinct 1, 1.1 million. Precinct 2, 85,000. 10 Precinct 3, 30,000. Precinct 4, 75,000. The total of 11 about $1.3 million of damage that we are hoping to get 12 money back from FEMA. I did get a report in last week 13 late from our geotechnical engineer, and he said we've 14 got really good base under Sheppard Rees Road and under 15 Ranchero Road, so those numbers are going to go down. 16 And I'll turn in some final numbers this 17 week to Callie with the Auditor's Office that will go to 18 FEMA. It's all due May 20th, I think. But we're trying 19 to get it this week. And this report is part of what's 20 being turned in to FEMA so that they can see that we're 21 doing a good job taking care of our roads. We're only 22 asking for money on the roads that were in pretty good 23 shape and they got damaged from the storm. 24 And then our 2022 road maintenance, let's 25 just look at the bottom line. We need to spend about 125 1 $1.3 million in 2022 to maintain this trying to get 50 2 mile -- about 50 miles a year chip seal. And we can go 3 through that over the budgeting process. But you're 4 budgeting 1.3 right now, so I don't see that as any kind 5 of an issue. It looks like we're in good shape. 6 I don't know what's going to happen to oil 7 and gas prices and how that might affect us. These are 8 today's dollars. We may have to add a little bit if we 9 feel that we foresee asphalt prices going up, which I'm 10 sure they will. 11 Having said all of this, the County Engineer 12 recommends that the Court adopt the Kerr County 2020-21 13 Annual Road Condition Report, Precincts 1, 2, 3, and 4. 14 I will need a signed Annual Road Report documents from 15 each one of you Commissioners that have to be notarized, 16 and they're prepared for you. 17 The dollar value for each, if you add them 18 all up, they add up to the 1.3. Please understand when 19 I prepared that, we really didn't know what roads we're 20 going to do next year so I used the computer to just 21 select the ones that it's been a long time since they 22 have been sealed for the purposes of having a bottom 23 line number. But in reality, we'll probably even it 24 more out when we actually do the road. So just take 25 that into account. But please, if we can get these 126 1 signed and then get them turned in to FEMA to try and 2 get in first. 3 COMMISSIONER HARRIS: I move for approval. 4 COMMISSIONER BELEW: Second. 5 JUDGE KELLY: Motion's been made by 6 Commissioner Harris, seconded by Commissioner Belew to 7 approve the Annual Road Condition Report for all 8 precincts. Any discussion? 9 COMMISSIONER LETZ: Yes. I think Lang Road 10 needs to come off the list because we've abandoned that. 11 MR. HASTINGS: Very good. 12 COMMISSIONER LETZ: With that change, it's 13 all good. 14 JUDGE KELLY: Okay. Then y'all agree to 15 revise the motion and second? 16 COMMISSIONER HARRIS: Sure. 17 COMMISSIONER BELEW: Yes. 18 JUDGE KELLY: Okay. Any other discussion? 19 Those in favor raise your hand. Unanimous, five zero. 20 Thank you, Charlie. 21 MR. HASTINGS: Thank you so much. 22 JUDGE KELLY: Okay. Let's go back and pick 23 up where we left off at 10:15, and that was item 1.14, 24 which is to consider, discuss and take appropriate 25 action -- and I'm going to call them all together, 1.14, 127 1 15, 16, 17, 18 and 19. And I'll just read them off. 2 Consider, discuss and take appropriate 3 action to approve a $50 donation from a citizen to the 4 Sheriff's Equipment Fund. 5 Consider, discuss and take appropriate 6 action to approve a $1,000.00 donation for the Sheriff's 7 Special Response Team Fund. 8 Consider, discuss and take appropriate 9 action to approve a $10,000.00 donation from a citizen 10 for the Sheriff's Special Response Team Fund. 11 Consider, discuss and take appropriate 12 action to approve a $750.00 donation from the Rotary 13 Club of Kerrville for the Sheriff's Office Training 14 School. 15 Consider, discuss and take appropriate 16 action to approve a $500.00 donation from a citizen for 17 the Sheriff's Special Response Team Fund, and 1.19 is 18 consider, discuss and take appropriate action to approve 19 a $500.00 donation from Reeh Enterprises, Inc. for the 20 Sheriff's Special Response Team Fund. Sheriff Leitha. 21 SHERIFF LEITHA: Yes, sir. There's only 22 needing one change, 1.17 to the new account number it 23 needs to go to is 10-370-530. 24 But I'm looking for y'all's approval for 25 these six donations and they -- like I say, they will go 128 1 into different funds, equipment, training and Special 2 Response Team. 3 COMMISSIONER LETZ: Make a motion to approve 4 all six as presented. 5 COMMISSIONER HARRIS: Second. 6 JUDGE KELLY: Motion's been made by 7 Commissioner Letz, seconded by Commissioner Harris to 8 approve all six donations as presented. Any discussion? 9 Those in favor raise your hand. 10 COMMISSIONER LETZ: You've done a good job. 11 You're raising money, Sheriff. 12 SHERIFF LEITHA: I'm trying. Just don't -- 13 never mind. 14 MRS. DOWDY: Sheriff, would you mind 15 repeating that new account number? 16 SHERIFF LEITHA: Yes, ma'am. 1.17, it will 17 go to 10-370-530. 18 MRS. DOWDY: Thank you. 19 JUDGE KELLY: Okay. Going back to our 20 regular agenda item which is 1.30, which is to consider, 21 discuss and take appropriate action to approve the 2022 22 Kerr County Resolution for the Indigent Defense 23 Improvement Grant Program. And Mr. Bull was here. 24 This is -- this is routine. This is just a 25 Resolution that we need to send off to TIDC in order to 129 1 get our grant money for next year. 2 COMMISSIONER LETZ: Move for approval. 3 COMMISSIONER MOSER: Second. 4 JUDGE KELLY: Motion's been made by 5 Commissioner Letz, seconded by Commissioner Moser to 6 approve the Resolution to the Kerr County Indigent 7 Defense Improvement Grant program. Any discussion? 8 Those in favor raise your hand. Unanimous, five zero. 9 1.31 consider, discuss and take appropriate 10 action to reappoint Rosa Lavender as the Kerr County 11 representative to the Alamo Area Council of Governments 12 Criminal Justice Advisory Committee. 13 And I put this on the agenda to try to get 14 this sealed as quickly as possible because I was afraid 15 she wasn't going to do it for us again, but she does an 16 outstanding job and she has agreed to stay on and do it 17 for another two years. 18 COMMISSIONER MOSER: So does she have to be 19 an employee to do that? 20 COMMISSIONER LETZ: No. 21 JUDGE KELLY: No. 22 COMMISSIONER MOSER: Okay. 23 COMMISSIONER BELEW: I move for approval. 24 COMMISSIONER HARRIS: Second. 25 JUDGE KELLY: Okay. Motion's been made by 130 1 Commissioner Belew, seconded by Commissioner Harris to 2 approve that. 3 And by way of discussion, we actually have 4 two appointees and two alternates. And the two regular 5 appointees are Rosa and Mary Krebs with KPD, both of 6 which do an outstanding job of the -- I'm told of all 7 the people on that committee, there are only half a 8 dozen or so that read every single grant and two of them 9 are from Kerrville, and we're proud of that. 10 I'm wearing my alternates out, I know. 11 Alternates are Jody and Callie. And what Rosa tells me 12 is that for alternates what we're probably going to do 13 this next year is look for people that are more in line 14 to get the grants. And I'm looking to the Sheriff's 15 office. And I know Jeff Wendling has served on this 16 before, but I don't know if somebody from the Sheriff's 17 Office can help identify -- there's a lot of grant money 18 out there, which is called the low hanging fruit, if we 19 just knew to apply for it. 20 COMMISSIONER BELEW: So this is -- you guys 21 have a dog in the fight, basically. 22 JUDGE KELLY: Yeah. And the other one that 23 I'm looking to ask to be the new alternate would be 24 Jason Davis with juvenile would be a good addition. 25 They're alternates. They don't go to all the meetings. 131 1 I need to take some -- some stuff off of Jody's plate, 2 free up the Auditor's Office, which is understanding. 3 That's my discussion on it. 4 COMMISSIONER LETZ: I'll make a motion to -- 5 or approve the agenda. We've already got that? 6 JUDGE KELLY: Well, we've got the motion and 7 second. 8 COMMISSIONER LETZ: Oh. 9 JUDGE KELLY: So those in favor raise your 10 hand. Unanimous. 11 1.32 is to consider, discuss and take 12 appropriate action on the Implementation of the Ban Burn 13 (sic). This is routine. We have to do it every so 14 often. Once a quarter? 15 COMMISSIONER LETZ: Yeah, every 90 days. 16 Move for approval. 17 COMMISSIONER MOSER: Second. 18 JUDGE KELLY: Okay. Motion's been made by 19 Commissioner Letz, seconded by Commissioner Moser to 20 approve the Implementation of the Burn Ban. Any 21 discussion? Those in favor raise your hand. Unanimous. 22 1.33 consider, discuss and take appropriate 23 action to determine whether to allow the retail 24 fireworks permit holders to sell fireworks to the public 25 in celebration of Memorial Day, beginning May 26th and 132 1 ending at midnight on May 31. 2 I put this on the agenda because we have to 3 take action by -- what date is it? May 20 or something? 4 MRS. STEBBINS: May 15th. May 15th. 5 JUDGE KELLY: And if we don't take action -- 6 COMMISSIONER HARRIS: I move for approval. 7 COMMISSIONER BELEW: Second. 8 JUDGE KELLY: So we've got a motion by 9 Commissioner Harris, seconded by Commissioner Belew to 10 allow the sale of fireworks for the Memorial Day weekend 11 from May 26th and ending at midnight on May 31. 12 COMMISSIONER LETZ: Does anybody sell 13 fireworks during that period? 14 JUDGE KELLY: I don't know. 15 COMMISSIONER HARRIS: I know that Thomas 16 Jeffers from the church in Ingram sells for Memorial 17 weekend. 18 COMMISSIONER MOSER: Same question about 19 Cinco de Mayo. 20 COMMISSIONER LETZ: Yeah. I don't mind 21 doing it but if -- but if no one's asking to do it, we 22 don't need to do it. 23 COMMISSIONER BELEW: I think there's a 24 couple of stands open for Cinco de Mayo. 25 JUDGE KELLY: Okay. So we've got a motion 133 1 and second. Any discussion? Those in favor raise your 2 hand. Unanimous, five zero. 3 It's 11 o'clock timed item 1.34. I 4 apologize. Consider, discuss and take appropriate 5 action on request from the Boy Scouts of America to use 6 the courthouse grounds on Tuesday, May 18th for Cub 7 Scout Pack signup. Terry Ellis. Welcome to County 8 Government. Sorry. 9 MR. ELLIS: Thank you, sir. I've been with 10 the Boy Scouts forty years, and I've been to a lot of 11 Commissioners' Courts so it's typical. But thank you, 12 Judge and Commissioners for letting me come and visit 13 with you briefly. 14 We -- traditionally we do all of our 15 recruiting for Cub Scouts at the schools. We did the 16 fall, we did it in the spring, and the School District 17 is not allowing non-profit groups or non-affiliated 18 groups to use the schools at this time. They're willing 19 to let us put up fliers and do announcements on the 20 intercom, things like that, so we have to find a 21 location to have a signup. 22 So this is Pack 16, which is sponsored by 23 the Methodist Church Pack 1205, which is sponsored by 24 the Kroc Center. And on that evening of the 18th, they 25 would like to be able to go -- try to put up a couple of 134 1 pop-ups, pop-up tents. And they'll have one for the 2 parents to go over and talk to them about, you know, 3 joining, things like that. 4 And the other pop-up they'll have setup 5 where kids can do a craft project while their parents 6 are doing that. I noticed in your form, we're not going 7 to be putting any signs on buildings or anything like 8 that. We won't need anything from the County. We'll 9 bring our own tables and everything like that. We will 10 put up -- we would like to put up a few yard signs like 11 this, probably on that Monday. Just say come and join 12 us on Tuesday. 13 We'll have -- we'll take everything down and 14 we will clean the property because we'll have enough 15 volunteers. 16 And I guess the only other thing I can say 17 is that we do carry liability insurance on all of our 18 events. So if you want me to send y'all a certificate 19 of that insurance, I can do that. 20 COMMISSIONER MOSER: I move for approval. 21 COMMISSIONER HARRIS: Second. 22 JUDGE KELLY: Motion's been made by 23 Commissioner Moser, seconded by Commissioner Harris to 24 approve the use of the courthouse grounds on May 18th 25 for the Cub Scout Pack signup. Any discussion? Those 135 1 in favor raise your hand. Unanimous, five zero. 2 COMMISSIONER BELEW: Does that include that 3 they can -- they can put out some signs previous to 4 that -- 5 JUDGE KELLY: Sure. Yeah. 6 COMMISSIONER BELEW: -- out on the corner? 7 MR. ELLIS: Yeah. 8 COMMISSIONER BELEW: Do those have like 9 little metal wires, is that a yard sign? 10 MR. ELLIS: Yes. Yes. 11 COMMISSIONER BELEW: Okay. 12 MR. ELLIS: The little -- we have little -- 13 I just want to bring in just the flat -- because that's 14 what we're -- I'd like to put them up like that Monday 15 and have a couple there that people would see and remind 16 them. But we are sending out fliers through the school 17 and hopefully we'll get coverage of the newspaper also. 18 COMMISSIONER MOSER: I'm going to wear my 19 Cub Scout shirt. 20 COMMISSIONER HARRIS: If you have a PSA we 21 know somebody that might come out. 22 MR. ELLIS: Okay. Yeah. I think I -- when 23 I was reading -- I tried to call you, Mr. Belew. 24 COMMISSIONER BELEW: Brandon Miller will 25 come in and promote it. 136 1 MR. ELLIS: Okay. 2 COMMISSIONER BELEW: That's what he told me. 3 MR. ELLIS: Okay. He'll be back in town on 4 the 10th, I believe. So, yeah. 5 COMMISSIONER BELEW: Does that work? 6 MR. ELLIS: Okay. I just -- that's what I 7 was trying to call you about, getting permission, and 8 you mentioned that you had your radio show, so -- but I 9 called you a couple years ago about I knew a guy in 10 Edmond, Oklahoma named Harley Belew, if it was the same 11 guy. 12 COMMISSIONER BELEW: Well, I can't talk 13 about that right now. 14 (Laughter.) 15 MR. ELLIS: Oh, okay. 16 COMMISSIONER BELEW: That's a joke, Terry. 17 MR. ELLIS: No. Yeah. I know. Okay. 18 Thank you all very much. 19 JUDGE KELLY: Thank you. Sorry to keep you 20 waiting. 21 MR. ELLIS: No. We'll take good care of 22 your property. Thank y'all. 23 JUDGE KELLY: Okay. Let's move on to the 24 Approval Agenda. 2.1 pay the bills. 25 MRS. SHELTON: Invoices for today's 137 1 consideration are $841,073.15. 2 COMMISSIONER MOSER: Move we pay the bills 3 as presented by the Auditor. 4 COMMISSIONER BELEW: Second. 5 JUDGE KELLY: Motion's been made by 6 Commissioner Moser, seconded by Commissioner Belew to 7 pay the bills as presented. Any discussion? Those in 8 favor raise your hand. Unanimous, five zero. 9 2.2 budget amendments. 10 MR. ROBLES: We have five today, line item 11 transfers within their Department. Court appointed CPS, 12 216th District Court, Maintenance, Constable 4 and 13 Plateau Water Planning. 14 COMMISSIONER LETZ: Move for approval. 15 COMMISSIONER HARRIS: Second. 16 JUDGE KELLY: Motion's been made by 17 Commissioner Letz, seconded by Commissioner Harris to 18 approve the budget amendments as presented. Any 19 discussion? Those in favor raise your hand. Unanimous. 20 Late bills? 21 MRS. SHELTON: There are not any. 22 JUDGE KELLY: And Auditor reports? 23 MRS. SHELTON: There are not any. 24 JUDGE KELLY: Thank you. 2.5 monthly 25 reports. 138 1 COMMISSIONER HARRIS: Yeah. For March 2021 2 County Treasurer, Tracy Soldan. Auditor, Tanya Shelton. 3 For April, 2021, Constable monthly report, Constable 1, 4 Tommy Rodriguez, Constable 2, Kyle Schneider, Constable 5 3, Ken Wilke, Constable 4, Brad Ryder. 6 Fines, judgments and jury fees collected. 7 JP 1, Mitzi French, JP 2, J. R. Hoyne, JP 3, Kathy 8 Mitchell, Indigent Services, HR Director, Jennifer Doss, 9 Auditor, Tanya Shelton, and County Clerk, Jackie, J.D. 10 Dowdy. 11 I move for approval. 12 COMMISSIONER LETZ: Second. 13 JUDGE KELLY: Motion's been made by 14 Commissioner Harris, second by Commissioner Letz to 15 approve the monthly reports as presented. Any 16 discussion? Those in favor raise your hand. Unanimous, 17 five zero. 18 Before we go into Executive Session -- 19 COMMISSIONER LETZ: Court orders. 20 JUDGE KELLY: Oh, Court orders. I'm sorry. 21 COMMISSIONER LETZ: Court orders from our 22 May 26th meeting, number 38679 through 38696. I did 23 have one change on court order 38683. This previously 24 read approve and accept bank depository contract and 25 have the County Judge sign same. It's just a change I 139 1 thought it should probably read, approve and accept bank 2 depository contract with Happy State Bank and have the 3 County Judge sign same. Basically I included who the 4 new depository is. And with that change, I'll make a 5 motion to approve. 6 COMMISSIONER HARRIS: Second. 7 JUDGE KELLY: Motion by Commissioner Letz, 8 seconded by Commissioner Harris to approve the court 9 orders as revised. Any other discussion? Those in 10 favor raise your hand. Five zero. 11 3.1 status reports from department heads? 12 3.2 status reports from elected officials? 13 3.3 status reports from liaison 14 commissioners? 15 COMMISSIONER LETZ: Oh, and I have just that 16 the airport -- and I mentioned it to -- the City will be 17 ready at our next meeting, I believe. We're just about 18 there. The City's agreed to -- well, all but one new 19 modification. But it should be done. 20 COMMISSIONER HARRIS: Maintenance. I don't 21 know if everybody's aware but they're doing some 22 painting. They've done the District Clerk's Office and 23 they're working on the top floor and will proceed from 24 there as they can around mowing and everything else. 25 JUDGE KELLY: Anything else? 140 1 COMMISSIONER LETZ: There is one other item. 2 We received a large insurance check last week, which 3 covered a lot of the storm damage from the winter storm 4 as to the Airport, River Star. I think that was it, 5 just those two? Oh, and the Sheriff's Office. So it 6 was like $116,000? 7 MR. ROBLES: $118,000. 8 COMMISSIONER LETZ: $118,000. 9 JUDGE KELLY: The only thing that I would 10 share is we had a really good turnout at the National 11 Day of Prayer on the courthouse grounds. It was really 12 impressive. Great event. 13 COMMISSIONER MOSER: Very good. 14 JUDGE KELLY: I'm going to move to the 15 public agenda, the addendum item here, which is 4.4, 16 which is the deliberation regarding real property. What 17 that is, there's -- there's no need for it to be in 18 Executive Session. We have an issue -- I'm not going to 19 start it that way. 20 We had the opportunity to avoid an issue at 21 the 550 Earl Garrett building. I've reported before 22 that when they put in -- when they had to go in and 23 rupture that membrane from the roof, that nobody wants 24 to warrant the repairs. 25 And I got a call from the representative 141 1 from the seller wanting to know if it was okay that they 2 had to come back and just go ahead and estimate what it 3 would cost to put a new roof on the building. It 4 doesn't hurt to ask. So they did. And so we're looking 5 at probably closing on this deal and taking possession a 6 month early. End of May. End of this month. 7 And they're to the point that if we're going 8 to put a new roof on it, this is the time to do it. I 9 asked them where we were with regard to our cost and 10 expenses and we're well under budget. So the 11 amendment -- 12 COMMISSIONER BELEW: I thought we had 13 overages. 14 JUDGE KELLY: Well, we -- we do. We do. 15 But we approved the 550, if you remember. 16 COMMISSIONER MOSER: Yeah. 17 JUDGE KELLY: And we're at about 470. And 18 there's money available to put that new roof on there if 19 you authorize them to do so. And the seller's lawyer, 20 who's a good friend of mine, David Jackson, said if they 21 want to do anything, we think that the amendment 22 language is broad enough for us to go ahead and do it, 23 but they would like for us to bless them putting on that 24 new roof. 25 COMMISSIONER MOSER: What kind of roof, 142 1 metal? 2 JUDGE KELLY: No. No, it's a flat roof. 3 COMMISSIONER MOSER: Sole flat roof? 4 COMMISSIONER BELEW: With the rubberized -- 5 COMMISSIONER MOSER: So what's the cost? 6 JUDGE KELLY: I think it's going to be about 7 30,000. 8 COMMISSIONER BELEW: Are they going to take 9 off everything and take it down to the decking, or are 10 they going to put something on top of what's there? 11 JUDGE KELLY: I didn't -- I didn't ask that 12 question. 13 COMMISSIONER HARRIS: Do we have to get 14 bids? 15 JUDGE KELLY: No. The seller's doing this. 16 COMMISSIONER HARRIS: Okay. 17 JUDGE KELLY: And -- and we took some of the 18 things that we wanted the seller to do back because he 19 was getting nervous about things. But this is one he 20 had volunteered to do for us and we can take possession 21 of that building by the end of -- 22 COMMISSIONER MOSER: Flat roofs always leak 23 so -- 24 JUDGE KELLY: With a new roof. 25 COMMISSIONER MOSER: Yeah. So, therefore, 143 1 fix it. 2 COMMISSIONER LETZ: Fix it. 3 COMMISSIONER MOSER: Yeah. 4 COMMISSIONER BELEW: Well, I'd like to know 5 if it's going to be a roof on top of a roof or if 6 they're going to strip it down. 7 COMMISSIONER MOSER: You're not going to get 8 on it. 9 (Laughter.) 10 COMMISSIONER BELEW: Okay. That's fine. I 11 won't get on it. But you know, I mean -- 12 COMMISSIONER MOSER: Well, if they're going 13 to guarantee it, what do you care? 14 COMMISSIONER BELEW: Because it adds to the 15 weight on the structure. And there comes a time where 16 if it's already happened a couple times, if there's been 17 a lot of repairs on them -- I have been on a lot of 18 roofs, other than the one I fell off of. 19 COMMISSIONER MOSER: This is nice and flat. 20 COMMISSIONER BELEW: Nice and flat. But 21 still, I've seen a lot of patch jobs and stuff. I'm 22 just curious to know if it's -- it they're taking it all 23 the way down or if there's only every been one roof on 24 it. I'd be curious about that. 25 JUDGE KELLY: I -- I don't know the answer 144 1 to your question. 2 COMMISSIONER LETZ: But I would recommend we 3 authorize it and put the new roof on. I mean, really, 4 either way -- 5 COMMISSIONER BELEW: That changes the price, 6 though, if you have -- if you don't have to strip it all 7 down or if you do. 8 COMMISSIONER LETZ: Well -- 9 COMMISSIONER MOSER: If they guarantee it, I 10 don't care. 11 COMMISSIONER BELEW: Well, I've seen a lot 12 of bad things happen on construction sites. 13 COMMISSIONER LETZ: I mean, I -- basically 14 from the timing standpoint -- 15 COMMISSIONER MOSER: Right. 16 JUDGE KELLY: I mean, we'll call and get the 17 information. But at this point, we're within budget and 18 we're within the scope of the amendment, and -- and we 19 do want a warranty on that roof. 20 COMMISSIONER BELEW: Sure. I agree with all 21 that. 22 COMMISSIONER MOSER: I don't know if the 23 criteria would be to say remove the old roof or -- 24 roofing or not. I mean, what will be in the criteria 25 about what makes decision? 145 1 COMMISSIONER BELEW: Well, what does it 2 bear, the structure, the kind of weight? It's got -- 3 COMMISSIONER MOSER: You want the structural 4 analysis of the roof to -- 5 COMMISSIONER BELEW: Well, I wouldn't want 6 to -- I wouldn't want to have to do that, but I wouldn't 7 want to find out the hard way that it's more weight than 8 it needed. And you have HVAC units and stuff up there. 9 COMMISSIONER MOSER: Well, if it's -- 10 COMMISSIONER BELEW: Now, is the reason for 11 this -- because they have to go up through the roof. 12 COMMISSIONER LETZ: Right. 13 COMMISSIONER BELEW: They said they had to 14 cut into it. 15 JUDGE KELLY: They have to cut into the 16 membrane for the scuttle holes that are now required to 17 access the roof that were not required previously 18 because of the number of AC units that we have on top of 19 the roof. 20 And the other thing is that we have the 21 penthouse for the elevator. That's -- they -- they cut 22 that membrane in order to get the penthouse up there. 23 It goes up about three feet. And so in order to seal 24 around those cuts, nobody wants to warranty that. And I 25 understand. It's an old roof. 146 1 COMMISSIONER MOSER: That's where the leaks 2 occur. 3 JUDGE KELLY: And so what -- what Harvey did 4 was go get an estimate and just go ahead and redo the 5 whole roof because that's what they were recommending to 6 be done. 7 COMMISSIONER HARRIS: Better to do it now 8 than three years from now. 9 COMMISSIONER MOSER: Probably designed 10 for -- 11 COMMISSIONER BELEW: Yeah, there you go. 12 You get three roofs on top of it, floods the HVAC, and 13 you've got a problem -- 14 JUDGE KELLY: Well, I'm still going to make 15 a motion that we -- 16 COMMISSIONER BELEW: -- in a good warranty. 17 COMMISSIONER LETZ: The new one is. 18 COMMISSIONER MOSER: I'll second. 19 COMMISSIONER LETZ: Well, I better not say. 20 I thought -- I thought it was 20 years. I heard it at a 21 meeting but I could be wrong on that. The new roof. 22 Either one. 23 JUDGE KELLY: Oh, for the warranty period? 24 COMMISSIONER LETZ: I'll make -- I'll second 25 your motion, Judge. 147 1 JUDGE KELLY: Second it? 2 COMMISSIONER LETZ: Never mind. 3 JUDGE KELLY: So I made the motion and 4 Commissioner Moser seconded it. Any other discussion? 5 Those in favor of putting the roof on? Unanimous, five 6 zero. And we'll get you that information. 7 COMMISSIONER BELEW: I would appreciate it. 8 COMMISSIONER LETZ: Judge, before you go 9 into Executive Session, did you want to -- I don't know 10 if you or I want an update on CIP stuff? 11 JUDGE KELLY: Okay. 12 COMMISSIONER LETZ: I mean, we should talk 13 about it, it's where -- you know, kind of what's going 14 on. I think there's going to be more at the next 15 meeting. 16 JUDGE KELLY: We've got the CIP we're going 17 to bring on the Court's next meeting on the 17th -- not 18 the 17th, the 24th. Go ahead. Yeah. 19 COMMISSIONER LETZ: No. Just kind of a -- 20 just basically where we are and that we'll be bringing, 21 you know, a consultant that will help, hopefully, bond 22 counsel, cost estimates and all of that to set 23 everything in motion to go over a little bit, I think, 24 as to what we can do as a governmental entity and what 25 we cannot do, and kind of the whole -- lay everything 148 1 out for the Court to kind of start moving. 2 JUDGE KELLY: We've got a lot of legal 3 advice on the do's and don'ts with the bond issue. And 4 that's why we've invited the lawyers to come back on the 5 24th and make a presentation to the Court, probably in 6 Executive Session, as to what we can and can't do. 7 And the short version of that is once we 8 call the election, which will be mid August, then all of 9 the Commissioners and the County employees cannot take 10 an advocate's position. We then become informative 11 only. But between now and then we can advocate. 12 COMMISSIONER BELEW: Is this considered a 13 GO? Is that what this is, or is a regular straight up 14 bond? 15 COMMISSIONER LETZ: This will be a bond. 16 JUDGE KELLY: It's a bond. It's a bond. 17 COMMISSIONER LETZ: And there's -- it's how 18 you have to group things. 19 JUDGE KELLY: And -- and that was probably 20 the most informative part for us was to get educated on 21 how they group the proposition. And even though we've 22 got right at, what, eight or nine projects that we're 23 recommending, which include some of the ones here at the 24 courthouse such as the new jury room for the County 25 Clerk and IT, and moving the tax office and all that. 149 1 They've got them grouped into three propositions. 2 Anything related to the courthouse needs and functions, 3 to include our annexes, new properties, and all the 4 stuff we need to do that would be a proposition. Animal 5 services will be a separate proposition. And then the 6 indoor arena at the Youth Event Center will be a 7 separate bond. 8 COMMISSIONER BELEW: So all could pass or 9 fail -- 10 COMMISSIONER LETZ: Right. But it'll be 11 pretty much -- it is a very informative meeting. I 12 think you guys would -- the report would get us up to 13 speed and we haven't done one of these in a while. 14 JUDGE KELLY: And be a chance for the 15 Commissioners' Court to meet the bond consultant. This 16 is the one that Dusty Trailer uses, Tom Spurgeon. Also 17 the one that Bobby Templeton for Ingram ISD used. I've 18 been very impressed. 19 COMMISSIONER LETZ: And the consultant 20 largely keeps it legal on any literature that's printed 21 or anything to make sure that we're in full compliance 22 with the State law and that we're not advocating by our 23 verbiage. 24 COMMISSIONER MOSER: This would be on the 25 November ballot, though? 150 1 JUDGE KELLY: Right. 2 COMMISSIONER MOSER: And have to make the 3 decision in August? 4 JUDGE KELLY: They will tell -- they will be 5 responsible for making sure that all of our materials 6 are compliant. And then they're going to prepare -- I 7 call it the "don't do" list. For example, one of the 8 things that we're not going to be able to say after we 9 call the election, we can't say the word need. There's 10 a whole list of words that they tell you don't use once 11 we call the election. Now we can use them. But once we 12 call the election, they will tell me this is what's 13 available, this is what -- the needs that are trying to 14 be met. But we can't say we need. And it sounds kinda 15 silly, but going through a list of words and you're kind 16 of like, you'll going to have to give me a printout of 17 that saying what we can't say. 18 COMMISSIONER MOSER: I wonder if the federal 19 government could do that on the budgets. We need. We 20 need. We need. 21 COMMISSIONER LETZ: Well, a lot of that's 22 for them to update it a little bit. CIP is going to be 23 meeting on a lot of this stuff and will bring the Court 24 up to speed at our next meeting. Learn a lot. 25 COMMISSIONER BELEW: I'm thinking about when 151 1 the Sheriff was talking about the jail. And I thought 2 that he did a very good job of presenting the need, the 3 requirements. We had -- certain of these things we're 4 talking about are requirements. 5 COMMISSIONER BELEW: And others of them 6 are maybe need, and others are on the wish list and make 7 life easier, so -- 8 JUDGE KELLY: Well, and -- and -- 9 COMMISSIONER BELEW: We need to do something 10 with this indigent defense building out here. That's a 11 need. 12 JUDGE KELLY: But just to refresh the 13 public's recollection of what got a lot of this started 14 is, the last legislative session mandated that our 15 County Courts at Law are supposed to have 12 person 16 juries. And we've got a tiny jury room for six people. 17 And we don't want to just move that court, we just 18 remodeled that court a couple years ago. And so in 19 order to be able to meet that mandate, we have to go in 20 and carve out about a -- I'm going to say 18 by 22, 24 21 foot jury room in the tax office. That's the only place 22 to put it. 23 And with that, we've got to move -- you 24 know, musical chairs. Now we've got to move the tax 25 office. Move the tax office, that's one of the 152 1 buildings down the street. And then we're going to -- a 2 lot of this stuff started because the legislature made 3 us do things that we didn't necessarily want to do but 4 we had to. 5 COMMISSIONER HARRIS: Well, I'm thinking 6 upgrade and improvements for the citizens to utilize the 7 tax office as well. 8 JUDGE KELLY: But I think -- I really think 9 when the public sees the way we have been running County 10 government on a shoestring in the facilities, these 11 improvements are needed for decades. 12 COMMISSIONER LETZ: And Judge, another thing 13 that I forgot to mention earlier in liaison comments. 14 On the 17th, there is a workshop that we planned, and 15 it's to go over the Auditor, Jennifer Doss and myself, 16 primarily, Heather's been involved some, too. And we've 17 gone over our -- the County benefits package. 18 And in looking at everything all over, for 19 retires, for everyone, and going to have a workshop to 20 go over those. And some of the things that are 21 recommend to change and some things we didn't recommend 22 change. And the financial short term and long term 23 consequences of have both. 24 So anyway, so it's -- I'm already getting 25 phone calls from people concerned we're reducing 153 1 benefits. We're not trying to reduce benefits. I'm not 2 trying to reduce benefits, but we are changing benefits 3 some. I'm recommending that we make some changes. 4 JUDGE KELLY: Okay. We have a brief 5 Executive Session. One is consultation with the County 6 Attorney regarding economic development. And the other 7 is to consider, discuss, and take appropriate action to 8 discuss personnel issue. And it is 11:58 and we will go 9 into Executive Session. 10 (Executive Session.) 11 JUDGE KELLY: Okay, it is 12:24 and we're 12 coming out of executive session and there is no action 13 to be taken, and Commissioners' Court is adjourned. 14 * * * * * * 15 16 17 18 19 20 21 22 23 24 25 154 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 21st day of May, A.D. 2021. 10 11 /s/DEBRA ELLEN GIFFORD Certified Shorthand Reporter 12 No. 953 Expiration Date 04/30/2023 13 * * * * * * 14 15 16 17 18 19 20 21 22 23 24 25