1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Regular Session 5 Monday, July 12, 2021 6 9:00 a.m. 7 Commissioners' Courtroom 8 Kerr County Courthouse 9 Kerrville, Texas 78028 10 11 12 13 14 15 16 17 18 19 20 21 22 23 PRESENT: ROB KELLY, Kerr County Judge HARLEY BELEW, Commissioner Precinct 1 24 TOM MOSER, Commissioner Precinct 2 JONATHAN LETZ, Commissioner Precinct 3 25 DON HARRIS, Commissioner Precinct 4 2 1 I-N-D-E-X 2 NO. PAGE 3 *** Visitor's Comments. 7 4 *** Commissioner's Comments. 10 5 1.1 Update and discussion regarding requirements 11 for individuals interested in being 6 appointed to fill the unexpired term for the Precinct 2 County Commissioner being vacated 7 by Commissioner Moser. 8 1.2 Consider, discuss and take appropriate 12 action on request from Center Point ISD 9 to use Lions Park on October 20, 2021 from 4:00 to 8:00 p.m. for the Center Point ISD 10 Homecoming Event. Event will consist of games, bonfire by CPVFD, Center Point 11 Volunteer Fire Department, and a parade starting at Mosty Lane on FM 1350 and ending 12 in Lions Park. 13 1.3 Update regarding FEMA individual assistance 23 declaration. 14 1.4 Consider, discuss and take appropriate 34 15 action to accept a restricted donation in the amount of $725.00 from Kerrville Pets 16 Alive to Kerr County Animal Services for purchase of 100 PetLink Datamars microchips 17 for KPA sponsored chips for owner reclaimed pets and for special microchipping events. 18 1.5 Consider, discuss and take appropriate 37 19 action regarding the quarterly report from the Veterans Advisory Committee. 20 1.8 Public Hearing regarding County Clerk's 43 21 Annual Record Archival Plan in accordance with the Local Government Code 118.025(g). 22 1.7 Consider, discuss and take appropriate 44 23 action regarding a Resolution to reallocate $1.9 million allocated to the Kerrville-Kerr 24 County Airport (ERV). 25 3 1 I-N-D-E-X 2 NO. PAGE 3 1.6 Consider, discuss and take appropriate 50 action to authorize a nominating committee 4 to seek nominations and submit an application to the Kerrville Chamber of 5 Commerce for a county employee to participate in the Kerr County Leadership 6 Class 2021-22. Application fee to be paid out of current year's budget. 7 1.30 Consider, discuss and take appropriate 52 8 action for the Court to set a public hearing for August 16, 2021 to discuss the creation 9 of the Kerr County Emergency Services District #4. 10 1.21 Public Hearing regarding the installation 54 11 of "No Parking" signs on FM 1340 at the Wagon Wheel low water crossing over the 12 North Fork of the Guadalupe River. 13 1.22 Consider, discuss and take appropriate 66 action for the Court to authorize the Texas 14 Department of Transportation to install "No Parking" signs on FM 1340 at the Wagon Wheel 15 low water crossing over the North Fork of the Guadalupe River. 16 1.23 Consider, discuss and take appropriate 85 17 action for the Court to issue a Certificate of Compliance for the Meadowbrook Retirement 18 Community Manufactured Housing Rental Community Development, Phase 1, located at 19 State Highway 27 and Hoot Owl Hollow. 20 1.24 Consider, discuss and take appropriate 123 action for the Court to waive platting 21 oversight and approval to the City of Kerrville for a revision of plat for 22 Kerrville Hills Ranch Estates, No. 1, Lot 27, Volume 3, Page 74. 23 1.25 Consider, discuss and take appropriate 126 24 action for the Court to set a public hearing for 10 a.m. on August the 23, 2021 for a 25 revision of plat for Cypress Springs Estates, Phase 2, Section 1, Lots 57 and 58. 4 1 I-N-D-E-X 2 NO. PAGE 3 1.26 Public hearing regarding the placement of 127 signs reading, "Kerr County Property, 4 Authorized Personnel Only," for portions of Sheppard Rees Road. 5 1.27 Consider, discuss and take appropriate 127 6 action for the Commissioners' Court approval of the Interlocal Agreement with Divide 7 School for the parking lot sealcoat at the Divide School located at 121 Divide School 8 Rd. NW, Mountain Home, Texas. 9 1.28 Consider, discuss and take appropriate 128 action for the Commissioners' Court approval 10 to remove and install a larger cattle guard at the Divide School in Mountain Home. 11 1.29 Consider, discuss and take appropriate 128 12 action for the Commissioners' Court to accept a cattle guard donation from the 13 Divide School. 14 1.11 Consider, discuss and take appropriate 133 action regarding establishing a "Kerr County 15 Advisory Committee for Aggregate Production Operations". 16 1.9 Consider, discuss and take appropriate 134 17 action to approve and adopt the County Clerk's Annual Record Archival Plan as 18 presented. 19 1.10 Consider, discuss and take appropriate 137 action to approve and adopt the County 20 Clerk's fee schedule for fiscal year 2021- 2022, to be effective October 1, 2021 21 through September 30, 2022. 22 1.17 Consider, discuss and take appropriate 138 action to approve the renewal of the county 23 liability insurance through the TAC Risk Management Pool's Liability Program. 24 1.18 Consider, discuss and take appropriate 139 25 action to clarify a payroll market adjustment plan policy. 5 1 I-N-D-E-X 2 NO. PAGE 3 1.12 Consider, discuss and take appropriate 142 action to approve the $2,000 donation from 4 Carlyle Flooring Center for the Sheriff's Special Response Team Fund. 5 1.13 Consider, discuss and take appropriate 142 6 action to approve a $5,000 donation from a citizen for the Sheriff's Special Response 7 Team Fund. 8 1.14 Consider, discuss and take appropriate 142 action to approve a $5,000 donation from 9 Ronnie Bock's Kerrville RV for the Sheriff's Special Response Team Fund. 10 1.15 Consider, discuss and take appropriate 143 11 action to approve the Memorandum of Understanding between the Texas Joint 12 Counterdrug Task Force and the Kerr County Sheriff's Office. 13 1.16 Consider, discuss and take appropriate 144 14 action to approve the Amendment to the Agreement for Inmate Healthcare Services 15 between Kerr County and Wellpath, LLC and allow County Judge to sign same. 16 2.1 Pay Bills. 146 17 2.2 Budget Amendments. 147 18 2.3 Late Bills. 148 19 2.4 Auditor Reports. 149 20 2.5 Accept Monthly Reports. 149 21 2.6 Court Orders. 150 22 3.3 Status reports from Liaison Commissioners. 151 23 *** Adjournment. 157 24 *** Reporter's Certificate. 158 25 * * * * * * 6 1 JUDGE KELLY: Good morning. It is Monday, 2 July the 12th, 2021, 9:00 o'clock in the morning, and 3 the Kerr County Commissioners' Court is now in session. 4 If you would, please stand for the prayer and the 5 pledge, which I will lead. 6 (Prayer and Pledge.) 7 JUDGE KELLY: Please be seated. Even though 8 these are times of COVID and maybe past COVID, I'm not 9 sure, I do ask y'all to put your phones on silent or 10 vibrate so that they don't interrupt the proceedings. 11 First thing we do at the beginning of every 12 meeting is receive public input. And this is an 13 opportunity for the Court to receive the input from the 14 people for anything that is not on our agenda. If it's 15 on the agenda, if there's an agenda item that you want 16 to speak on, please wait for that agenda item to be 17 called; otherwise, if it's not on the agenda this is 18 your opportunity to talk to the Court and give us your 19 input. 20 And before I ask you to come up, I want you 21 to understand that you'll notice it is input. We don't 22 get to give output. This is something for us to listen. 23 We don't respond at the time, although we will be 24 attendant and listen to and take very seriously. So I 25 do have some speakers here. I don't know if anybody -- 7 1 okay. 2 The first one is Hadassah Regier, is that 3 right? 4 MS. REGIER: Regier. 5 JUDGE KELLY: Regier? 6 MS. Regier: Uh-huh. 7 JUDGE KELLY: Okay. And if you will go to 8 the podium and identify yourself and tell us what 9 precinct you live in. 10 MS. Regier: Hi. I'm Hadassah Regier, I 11 live in Precinct 2. I'm -- actually my husband would be 12 here but he works. I received this in the mail talking 13 about the Center Point Village that's going to be 14 developed soon. And so I've written something on that. 15 It is a grievous thing that times are so 16 that laws can be usurped and twisted to otherwise, and 17 it's depressing and it requires a lot of fortitude and 18 willingness to listen to the needs of the future and 19 miss the insufficiencies of the present. 20 You are tasked with upholding the spirit of 21 the law and not just the letter. And it is in light of 22 that that I ask you to fight for the will of your 23 constituents, in opposing this plan for Center Point 24 Village. It is unwise on a practical level, citing the 25 aquifer and the infrastructure needs and sets a 8 1 precedent for development of this sort which cannot help 2 but drastically alter the lifestyles of this community. 3 Now, you are the last people with whom I 4 should feel obligated to explain the value of a rural 5 life. I grew up in the suburbs of San Antonio and 6 that's not the life that I want for my children. By the 7 grace of God, we left the Boerne money grub and watched 8 the character of the town waste under on trend of 9 commercialism. 10 We were willing to put up with an hour's 11 drive to work to be able to grow our own food and 12 establish a farm and raise our children to value and 13 protect the land. And we love it here. The reason that 14 we love it is the land in its natural state. Not carved 15 up into smaller and smaller plots with the same 15 box 16 stores within a 20-minute drive of every direction. 17 Your office is a guard to our lifestyles and 18 to our ability to enjoy freedom from the City. And I 19 would implore you to use your terms to help us seek 20 protection for our land and our water to help us 21 preserve a sanctuary for those who can see the value of 22 a simple life and want to impart something lasting to 23 our children. 24 I would also like to add that being a single 25 family income, most people in our position are tied to a 9 1 larger city. We can only move so far away before the 2 drive time takes over our ability to provide for our 3 family. So if we want to raise our kids in the country 4 and be able to have a farm and grow our own food and do 5 all of those things, there has to be some sort of 6 physical middle ground that a lot of us can do that. If 7 that makes sense. 8 And so that's -- that's what I would ask 9 y'all to consider. We saw this happen in Boerne. We 10 protested there as all of the different antique homes 11 would go up for sale. And the land developers smelled 12 blood and water and was seizing money and so they went 13 in and they just -- can we put four houses on a single 14 lot, and they could do it because the easements were 15 established at the turn of the previous century. 16 And it's just really sad to watch. And I 17 don't want to see that happen here, especially since 18 we've worked so hard to be able to come out to the 19 country and be able to have this kind of lifestyle. 20 But it only really works if the community is 21 able to see the value of empty land and of land that is 22 designated for farm use. Yeah. That's -- that's all I 23 have to say. Thank y'all very much. 24 JUDGE KELLY: Thank you, Miss Regier. 25 Before you leave, you have your daughter and two sons 10 1 with you. Double-check with the Sheriff to see if they 2 do have their concealed carry permits. 3 (Laughter.) 4 Would you introduce your family. 5 MS. Regier: Yes. This is Fanella(phonetic) 6 Regier and she is three. And she is precious. And this 7 is my son, Emra(phonetic). Emra, can you stand, please? 8 And this is my son, Ejer(phonetic). Emra is eight years 9 old and Ejer is five years old. And he's wonderful. 10 JUDGE KELLY: Welcome. Welcome to the 11 Court. 12 COMMISSIONER MOSER: Okay. Thank you. 13 JUDGE KELLY: Is there anyone else that 14 wants to address the Court at this particular point in 15 the proceedings? This is input only. Okay. Thank you, 16 Ms. Regier. 17 Moving on to Commissioners' Comments. Let's 18 start with Commissioner Precinct 1. 19 COMMISSIONER BELEW: I don't really have 20 anything to report. 21 COMMISSIONER MOSER: Precinct 2. I wasn't 22 able to attend, but Center Point Volunteer Fire 23 Department had a big barbecue. I understand there was a 24 good turnout at the fundraiser, as I listened to 25 Commissioner Belew on the radio. 11 1 The Volunteer Fire Departments are important 2 and to support these types of fundraisers is extremely 3 important. So it was good and -- and that's all I have 4 right now. 5 JUDGE KELLY: Okay. Three. 6 COMMISSIONER LETZ: I really don't have 7 anything. I'm just enjoying the very pleasant July 8 weather. Very cool and nice rain. So other than that, 9 no comment. 10 COMMISSIONER HARRIS: Well, I've been absent 11 lately. I'll tell you that I've been fighting the China 12 Virus the last couple weeks and finally got a negative 13 test where I could come back and get out of the house, 14 which feels good. 15 Sorry, Charles, I couldn't make your 16 fundraiser. I usually try to make all of them. But I 17 hope you did well with it and what have you. So that's 18 all I have to report. 19 JUDGE KELLY: And I have something that I'd 20 like to report on that has countywide significance. 21 This afternoon at four o'clock at Kerr County Abstract 22 and Title we close on our Earl Garrett campus. You will 23 recall that we purchased -- or we're in the process of 24 purchasing, we will have purchased it as of today, 25 424 Earl Garrett, which is a parking lot behind the 12 1 police station, which can house up to 50 parking spaces. 2 And then the building across the street, which is 3 550 Earl Garrett, which is a 10,000 square foot 4 building. It has 43 parking spaces. And the -- and 5 those properties right there, we have other properties 6 on that -- that street, but those properties are what 7 will close this afternoon. 8 We purchased this property, the whole thing 9 initially, for $790,000. It's cost us over $500,000 to 10 make it ADA compliant and put a new roof on it, but it 11 is ready to go. So that those of you that did keep 12 track of numbers, this is closing for a little over 13 $1.3 million, which for a 10,000 square foot building 14 and almost a hundred parking spaces, one-half block from 15 the downtown courthouse, is unheard of. 16 That's right at $130 a square foot. So 17 construction costs, we figured would be somewhere in the 18 neighborhood of $300 per square foot. So we're excited 19 about closing on that property this afternoon. 20 Anything else from -- on comments? Very 21 good. Let's move on to the agenda. 22 Item 1.1 update and discussion regarding 23 requirements for individuals interested in being 24 appointed to fill the unexpired term for the Precinct 2 25 County Commissioner being vacated by Commissioner Moser. 13 1 I put this on the agenda for a number of 2 reasons, but mainly because -- and I'm happy to share 3 with y'all -- and that's one for each of you. I need 4 one of them back. We're sorry that Commissioner 5 Moser -- we're not sorry that he sold his ranch. We're 6 glad that he made a profit, we believe in that. But at 7 the same time, we're sad to lose him as our Commissioner 8 for Precinct 2. 9 But his departure -- his retirement from 10 that position and the reason that he's retiring is 11 because where he's moving to is not in Precinct 2, and 12 the law requires that you live in Precinct 2. So the 13 legal requirements are that he has to retire. 14 There has been astonishing interest in this 15 position. I passed out to the Commissioners and I'll 16 hold it up so you can see it -- I've had 20 to date 17 expressions of interest. Some formal -- I see some that 18 have already formally submitted their applications here 19 and others that have expressed interest in possibly 20 submitting applications. 21 And I think it's a great sign that this many 22 people are truly interested in serving the people. 23 These are thankless jobs, folks. If you don't believe 24 me, come sit in my chair. But they're worthwhile. 25 They're important. And if you heard in my prayer today, 14 1 we're praying for people to have a servant's heart to 2 serve the public for the common good; not just any 3 special interest group, but for the common good. 4 And so, I'm -- I'm happy to report to you 5 the procedures that we're going to follow. We have a 6 press release that's gone out to all the news outlets. 7 But what we're going to do is first of all I'm going to 8 go over the qualifications to serve on this job. 9 I know this is not significant but you have 10 to be at least 18 years of age. And all but our -- our 11 new citizens down here, I think, qualify. You have to 12 be a U.S. citizen. You have to have lived in Texas for 13 at least 12 months. You have to have lived in the 14 Precinct for at least six months. You have to be 15 registered to vote. And that includes, you must not 16 have been convicted of a felony or have been determined 17 by a court with probate jurisdiction to be totally and 18 mentally incapacitated or partially mentally 19 incapacitated without the right to vote. Those are the 20 qualifications to serve as Commissioner in Texas. 21 And so with that, I've established the 22 procedure that I'm going to follow on this, and this is 23 a big responsibility. This is probably the most 24 important thing that I'm going to do in my time as your 25 County Judge. And it has been -- it's a growing 15 1 experience. 2 Don and I laugh when we first came on the 3 court as the newbies that there's a secret playbook but 4 they're not showing us. Over time you learn the plays 5 and you learn to work together. And I think for those 6 of you that have been watching the Court, you'll see 7 that there has been a remarkable cohesion on this Court 8 as we've come together. We still disagree. And 9 sometimes we disagree vocally, but we work together for 10 the common good. And it's going to be important that 11 whoever we bring in on this Court be part of this team. 12 Because this is important to the people. 13 And so what I wanted to do is keep this 14 whole process as transparent as possible. So the first 15 thing I'm doing is making sure that we leave the 16 application period open long enough that people with 17 interest or who are sitting on the steps not sure if 18 they're interested, have ample opportunity to apply. 19 So we're going to -- I'm going to leave the 20 applications open through August the 2nd. That's pretty 21 much the end of the month. We've already had a number 22 of people excited about it. We hope to have more. 23 The second thing that I'm going to do is on 24 August the 9th I'm going to put on our agenda a 25 personnel item that we can talk in Executive Session for 16 1 this Court, for the five of us. 2 I'm going to share with them the people that 3 have applied and we'll have a discussion among 4 ourselves, because we know one another. And various 5 people on the Court have different relationships with 6 some of the people that have applied. And so we're 7 going to use that institutional knowledge, the 8 collective wisdom of the group, to try to come up with a 9 short list. 10 And following the meeting on the 9th, the 11 folks that make the short list, I will interview 12 personally and the plan is to swear in the new 13 Commissioner on August the 23rd. 14 Now, let me address Commissioner Moser's 15 letter of resignation to me, which is sill sitting in my 16 desk drawer unopened, which he commented to me again 17 today he noticed it's unopened. He put in there that he 18 was going to retire on July the 23rd. Well, the law is 19 not quite that simple. If you're an elected official, 20 you are that elected official until your replacement is 21 sworn in. Is that correct -- 22 MRS. STEBBINS: That's right. 23 JUDGE KELLY: -- Madam Attorney? 24 Which means that like it or not, you're 25 stuck with us for about another month. 17 1 COMMISSIONER MOSER: Okay. I look forward 2 to it. 3 JUDGE KELLY: And that -- and he can legally 4 do that even though he is someplace other than Precinct 5 2 because he is a carried-over office holder until we 6 replace him. So you will continue to see Commissioner 7 Moser sitting with us, participating as always, as -- as 8 we go forward. 9 But I want to encourage everyone out there, 10 please, if you have any interest this is the time to 11 express it so that we can make the best possible 12 decisions we can for Kerr County. 13 And I want to open the floor to my fellow 14 Commissioners as to the criteria and qualifications, and 15 maybe just your sense of community values that you would 16 like to see in your new Commissioner. 17 COMMISSIONER MOSER: I'll comment. I think 18 it's important for people that are interested in 19 serving, which is really good, to recognize what the 20 duties of a County Commissioner are. Because the state 21 law says approve budgets and that's the biggest thing 22 here. But there's a lot more to it than that. 23 And let me contrast it to the way the cities 24 work, the way city organizations work. Most of them 25 have -- in some counties have a Manager, City Manager. 18 1 And they do a lot of the work that we five do. So we 2 have our hands on, our sleeves rolled up, and we 3 administer the management of a lot of the activities 4 that go on. 5 Now that's not to say the department heads 6 and other elected officials don't also. So the other 7 thing is, we have to interface with, I think, 23 elected 8 officials so -- 9 JUDGE KELLY: 24. 10 COMMISSIONER MOSER: 24 elected officials. 11 So it's -- it's a different kind of job. So if you're 12 interested, please understand what the job is. Think 13 about your qualifications and your intent to fulfill 14 this position. So I think that's -- that's the 15 important thing. 16 It's not a 9:00 to 5:00 job. The phone 17 rings all the time. All the time, and that's okay. And 18 I think I do like other Commissioners do, when the phone 19 rings in my office, it rings in my pocket at the same 20 time. So -- and my phone gets turned off at ten o'clock 21 at night. So that's -- that's the kind of thing it is. 22 You have to be willing to commit and I think willing to, 23 you know, commit to do those things. That's all I have 24 to say. 25 COMMISSIONER LETZ: A couple comments. To 19 1 add to what you just said, Commissioner, and you have to 2 have thick skin. Because regardless of what your 3 decisions are, you're going to make people mad and there 4 will be people that say very vicious things about you, 5 and you have to be just willing to say that's part of 6 the job. And that's -- it takes a -- not everyone can 7 handle that, because you can't -- you know, I don't take 8 it personal. My wife takes things a whole lot more 9 personal than I do when she sees things in the paper and 10 all this. 11 You know, I know that I'm doing what I think 12 is best. As long as I'm good in my own heart, that's 13 what's important. I think it's the same for everyone 14 that serves. 15 A couple of other things, though, I wanted 16 to mention that is interesting, and the Court is at a 17 really unique time right now. And assuming -- well, 18 there's no assumption on my part. But I'm not going to 19 run for reelection. That's a done deal in my mind and 20 in my family's mind. I'm not sure if Commissioner Belew 21 or Commissioner Harris are or not or what their plans 22 are, or the Judge -- 23 COMMISSIONER BELEW: (Shaking head from side 24 to side.) 25 COMMISSIONER LETZ: He's shaking his head 20 1 no. The bottom line is, there's a very high likelihood 2 that in five and a half years no member of this current 3 Court will be here. And that's an interesting thing 4 because that has not happened probably in 50 years that 5 it has been that new of a Court. So that's an 6 interesting thing to think about. 7 And I think you have to look at other things 8 that -- and I'm glad that I don't have to make this 9 appointment. I'm glad it's up to the Judge, that's what 10 he didn't say, but it's his choice. He can get input 11 from us if he -- if he chooses. But this is an 12 appointment made by the County Judge. 13 So I think you have to look at, you know, if 14 you want someone who's just going to be a placeholder 15 until the next election, that's an option. Or do you 16 want somebody who's going to be here for 20 years, you 17 know, or that -- assuming the person really -- that's a 18 consideration. 19 You know, if you want someone that, you 20 know, is very tied to the City or do you want a rural 21 person. There -- there are differences. And, you know, 22 we've had actually commissioners on both sides and 23 probably bad commissioners on both sides, but I think 24 that is a consideration is, you know, this Court 25 traditionally has had a lot of rural representation. It 21 1 doesn't mean it has to. In fact, Commissioner Williams 2 was -- lived in the City of Kerrville and did a great 3 job. A very good Commissioner. 4 So -- but there are things to consider. 5 Those are the main things I have. You have to look at 6 the direction long term. It's not necessarily just a 7 yes, this is the best person. You have to look at, 8 well, is this the right person for the next five years, 9 for the next ten years. 10 COMMISSIONER HARRIS: I'll keep it simple. 11 You know, I need -- I would like to see somebody with 12 core values, honest, integrity, stuff like that. I 13 mean, the rest will come. You'll figure it out. And 14 like the Judge said, there -- there wasn't a playbook 15 anyone gave us when we walked in here, but I know the 16 Judge and I talked, we wanted to be fully transparent on 17 things and I'm proud that we have been. Your core 18 belief is what's important. The rest will work itself 19 out. 20 And all four of us -- five of us, we do 21 things different. There's not a cookie cutter mold the 22 way I do things that will work for Commissioner Belew, 23 Moser or Letz. We all do it a little bit different, but 24 we get it done. You know, be accessible to the people 25 out there. That's important. The phone rings all the 22 1 time. But be accessible. Lots of meetings. Lots and 2 lots of meetings. So look at that. Look at that if 3 you're considering. 4 COMMISSIONER BELEW: Well, I want to add to 5 that discussion that whoever wants to throw their hat in 6 the ring and all of you that already have, read over 7 very carefully what the actual job entails and try to 8 stick to that. Because there's a lot of things that 9 people want to get you involved in that are not part of 10 the job. And you need to know how to explain that that 11 is not the gig. 12 So know those responsibilities, and then 13 stick to those responsibilities. Remember the taxpayer 14 is the boss. When the taxpayer calls you, you call the 15 taxpayer back. That's my policy. And I'm going to tell 16 you about Precinct 2. It's the hardest Precinct in all 17 of Kerr County. I've told Commissioner Moser that many 18 times. You look at who you're representing. Think 19 about it long and hard. It's a tightrope. Precinct 1 20 is different from Precinct 3, Precinct 4, wherever they 21 are. Way out there. 22 COMMISSIONER HARRIS: Yeah. 23 COMMISSIONER BELEW: But seriously, it's a 24 tough one to represent. And like Commissioner Letz 25 said, if you got thin skin you oughta scratch your name 23 1 off the list right now. That's all I got. 2 JUDGE KELLY: Well, follow-up on what 3 Commissioner Belew just said, my parting comment is 4 people are asking me, what am I looking for? I once had 5 a real estate agent tell me that when it came to buying 6 property, it's always location, location, location. 7 When it comes to local government, it's 8 local, local, local. And we are bombarded with state 9 and national issues. Daily. Multi times a day. And 10 you've heard me say before, there's very little we can 11 do about that other than have our own personal opinion, 12 which as you've seen none of us are bashful about 13 sharing. 14 But at the same time, what I'm looking for 15 is somebody who is at the local contact, the local 16 experience, the local focus, and is ready to be part of 17 local government. So is there anyone who wants to 18 address the Court? Very good. 19 Let's move on to item 1.2 consider, discuss 20 and take appropriate action on a request from Center 21 Point ISD to use Lions Park on October 20, 2021 from 22 4:00 to 8:00 p.m. for the Center Point ISD Homecoming 23 Event. The event will consist of games, bonfire by the 24 Center Point Volunteer Fire Department, and a parade 25 starting at Mosty Lane on FM 1350 and ending in Lions 24 1 Park. I got Cody Newcomb, Michael Earney, and Charles 2 Holt. 3 MR. NEWCOMB: Cody Newcomb, Superintendent 4 of Schools in Center Point ISD. I'm not going to take a 5 lot of time. The agenda item pretty much explains what 6 we want to do. It's a change of venue for us. We're 7 trying to really increase participation and opportunity 8 to our parents and community members to come back for 9 Homecoming. 10 We haven't had a bonfire for years because 11 of the burn ban obviously. But in visiting with Chief 12 Holt, Chief Earney, we're not asking anything from the 13 County other than the opportunity to use Lions Park on 14 the 20th from 4:00 to 8:00. And with that, I'll let 15 them tell their part in what they want to do. 16 CHIEF HOLT: So I just -- I think it's 17 important to try to -- 18 JUDGE KELLY: Chief Charles Holt. 19 CHIEF HOLT: Yes. 20 JUDGE KELLY: Center Point Volunteer Fire 21 Department. 22 CHIEF HOLT: Yes, sir. I think it's 23 important to try to get the history back into our 24 community there and get some more community spirit. 25 What better way than to have a fun-filled week. We'll 25 1 have a bonfire, a football game, and then a fish fry at 2 the end of the week. Just kind of coincides with 3 everything that we have going on. Between the fire 4 department and the -- Chief Earney, we can maintain all 5 the roads, close down, we can move the brush and stack 6 it all up and do everything we need, we just need the 7 park there that we could have the bonfire and -- 8 basically as a community center. So -- and we'll stay 9 there with it until it goes out. And we'll clean up all 10 the remnants. 11 COMMISSIONER MOSER: Question. 12 CHIEF HOLT: Yes, sir? 13 COMMISSIONER MOSER: You're requesting from 14 4:00 to 8:00 p.m. But you need it for longer than that, 15 so we need to know how long the park will be closed. 16 JUDGE KELLY: For setup and take down. 17 CHIEF HOLT: Yeah. That's just to setup and 18 take down. So it depends on how big the fire is. We 19 can -- we can go ahead and put it out if you want to at 20 8:00 and then come back and clean up the rest that's 21 there. 22 COMMISSIONER MOSER: Well, but you have to 23 start earlier in the day. 24 CHIEF HOLT: So what we're looking for is to 25 have like a basically like a community bin for the brush 26 1 also. We'd like to have it to where they can stack the 2 brush up, you know, a week prior to the event and start 3 building the fire like we've had in years past. 4 COMMISSIONER MOSER: So my question is, you 5 want to close the park we know from 4:00 to 8:00. So 6 how much earlier than that do you want to close the park 7 to the public so you can set up? 8 JUDGE KELLY: As a general rule, anybody can 9 go to the public park. 10 CHIEF HOLT: Absolutely. 11 JUDGE KELLY: Okay. That's not a problem. 12 But if you want to use it exclusively, you come to the 13 Court to get permission. 14 CHIEF HOLT: Correct. 15 JUDGE KELLY: Now, we know your event is 16 going to be from 4:00 to 8:00. What Commissioner Moser 17 is saying is it's going to take some time to get it set 18 up, so do you need it from noon? Do you need it from 19 10:00 that morning to get it set up and then how much 20 time do you need to go ahead and clean it up after 21 everybody leaves? 22 CHIEF HOLT: So the setup of everything 23 that's there would just be from 4:00 to 8:00. The only 24 time that we need it before then would be for people to 25 come and haul brush. And that will take, you know, 27 1 upwards to a week. But it won't be closed to the 2 public. We will put cones in the area that they will be 3 able to put the brush. 4 JUDGE KELLY: Okay. 5 CHIEF HOLT: Okay. 6 COMMISSIONER MOSER: Okay. 7 CHIEF HOLT: It's as anyone that's done in 8 the past, it's been a few years since we've done it. 9 We're just trying to get it back in there to get it 10 done. And then the next day, the park can be open. 11 After the eight o'clock it can be open. Like I said, 12 we'll be there just monitoring that section of it. All 13 the rest of the stuff will be taken down. 14 COMMISSIONER MOSER: So you're -- you're 15 comfortable with closing it to the public beginning at 16 4:00 p.m. and not any earlier? 17 CHIEF HOLT: I am, yes, sir. 18 COMMISSIONER MOSER: Well, I'm asking Mr. 19 Earney and -- 20 CHIEF HOLT: Well, we can go earlier if you 21 want to and we can -- 22 COMMISSIONER MOSER: No. What do you need? 23 CHIEF HOLT: -- close it at noon. Here's 24 the issue. 25 COMMISSIONER MOSER: I know we can go 28 1 earlier but what do you need? 2 MR. NEWCOMB: So the -- we have our students 3 called our key club and all that. They set up booths. 4 And so -- 5 COMMISSIONER MOSER: How about noon? 6 MR. NEWCOMB: -- they don't get out of 7 school until 3:30. I'm good with noon. 8 COMMISSIONER MOSER: Okay. Good. 9 MR. NEWCOMB: Why don't we go noon to nine 10 o'clock? 11 COMMISSIONER MOSER: Noon to nine o'clock. 12 Done. 13 MR. NEWCOMB: That gives us plenty of time. 14 I also want to point out, this is in conjunction with 15 the fire department's fish fry. So it's going to be 16 similar to all school reunions that we do -- that we did 17 this week and -- or last week and it'll be similar to 18 that. 19 COMMISSIONER MOSER: Okay. So I'll move for 20 approval to close Lions Park on October the 20th from 21 noon until 9:00 p.m. to the public for the use for the 22 Homecoming for Center Point. 23 COMMISSIONER BELEW: Second. 24 COMMISSIONER MOSER: And request that the 25 Maintenance Department post a notice, at least a week in 29 1 advance, that that park is going to be closed to the 2 public at that time. Okay? So that's my motion. 3 JUDGE KELLY: And there is a second on that? 4 COMMISSIONER BELEW: Yes, sir. 5 JUDGE KELLY: Motion's been made by 6 Commissioner Moser, seconded by Commissioner Belew to 7 approve the Homecoming Event for Center Point ISD on 8 October the 20th, 2020 (sic), from noon until 9:00 p.m., 9 with notice to be posted in advance. Any discussion or 10 questions? 11 COMMISSIONER HARRIS: Traditions are 12 important and I commend y'all for trying to kick start 13 this again. I think every community needs stuff like 14 this. So hats off to y'all. 15 JUDGE KELLY: Okay. No other discussion? 16 Those in favor raise your hand. Unanimous, five zero. 17 Thank you. 18 COMMISSIONER MOSER: Thank you, guys. 19 MR. NEWCOMB: Thank y'all very much. 20 Appreciate it. 21 JUDGE KELLY: Item 1.3 an update regarding 22 FEMA individual assistance declaration. Dub Thomas. 23 Did I lose him? It's your turn, Dub. Tell us about 24 individual assistance and FEMA. 25 MR. THOMAS: All right, Judge. Good 30 1 morning, Judge. Good morning, Commissioners. This is 2 kind of winter storm report, just kind of to update you 3 on where we stand at this point. Just a little 4 background information from back in March. Had some 5 information from the Texas Department of Insurance. 6 The number of residential claims was 338. 7 This is insurance numbers paid out. Amount of losses 8 paid was 1.2 million, the average claim paid was 3,700. 9 For farm and ranch the number of claims paid was 45 and 10 the amount of losses was $504,429. And the average 11 claim paid was $11,210. 12 So if you all will remember, on June 24th 13 Kerr County was granted inclusion in the Individual 14 Assistance Declaration for Winter Storm Uri. We got in 15 by -- 16 JUDGE KELLY: Just a minute. 17 MR. THOMAS: Yes, sir. 18 JUDGE KELLY: I'm going to stop you right 19 there. I'm not sure everybody has heard this. You said 20 as you know. Yes, we know. But remind the public 21 again. As of June the 24th, Kerr County qualifies for 22 FEMA individual assistance. 23 MR. THOMAS: Individual assistance. We've 24 been included. And that -- that is testimony to the 25 citizens of Kerr County because they got in there and 31 1 they did 576 individual surveys. And that data is the 2 information that got us in. Now granted, like I said, 3 we got in by the skin of our teeth. We were one of the 4 three counties along with Shackelford and I forgot what 5 the other county was, but there were only three counties 6 that were included as add-ons into that Individual 7 Assistance Declaration. 8 So people can go to -- or residents that 9 have damage that are seeking FEMA assistance can go to 10 www.disasterassistance.gov or they can an 800 number and 11 that number is 1-800-621-3362. Additionally, they can 12 go to the Kerr County website and click on news and 13 announcements and there's a press release. Just scroll 14 down to the press release for June 25th. There are 15 links for -- FEMA links on how to start the recovery 16 process, the best way to save your disaster documents, 17 and what to expect after applying and the appeal 18 process. And all those documents are listed both in 19 English and Spanish. 20 Just some information that I got last week 21 and this is going to be updated on a weekly basis. For 22 the individuals and household program, these are FEMA 23 numbers. We've had -- there's been 185 registrations 24 for that. Inspections issued, meaning FEMA 25 representatives are actually going to come out and 32 1 inspect the damage or they're going to do it virtually 2 on somebody's cell phone. Within 38 out of that, 3 there's been 31 inspections completed. Individuals and 4 household referrals program. There's been 129 5 individuals and households programs paid out. In other 6 words, FEMA has paid out so far $14,693, and that 7 average payout is $1,836.00. I expect that number to go 8 up as we get more people that get paid out. Housing 9 assistance referrals were 125. 10 Let's see. All the housing assistance 11 amounts to $13,317. The average housing assistance is 12 $2,219. Repairs paid. Total repairs was 10,919. 13 Repairs average has been $2,183.00, what they paid out. 14 I don't -- I really expect that number to go up. Other 15 needs assistance, it's been $1,375. The average has 16 been $687.88. 17 I'm just giving you these numbers so you'll 18 know that Kerr County residents are getting some type of 19 assistance from FEMA for their damages. 20 JUDGE KELLY: And I want to thank you, Dub. 21 Because this has been going on for the last four months. 22 And there's been a lot of encouragement for us to keep 23 fighting to try to get these individual assistance 24 benefits and Dub has tirelessly stayed on this until we 25 are one of three of the final counties that get this 33 1 assistance approved. And Dub, thank you very much. 2 MR. THOMAS: No problem, Judge. I was just 3 persistent. But as far as what got us through is those 4 576 individual assistance surveys. If we hadn't been 5 persistent with that, getting those numbers in there, I 6 don't think we would have made it. 7 COMMISSIONER LETZ: Dub, can you explain a 8 little bit about -- you mentioned all these different 9 assistance amounts that people have been getting, the 10 total amount or the average. Is this just a check that 11 they're receiving in addition to any other -- I mean 12 this is just a check or -- 13 MR. THOMAS: Yeah, it's just a check. 14 COMMISSIONER LETZ: And is it -- if they 15 don't -- if they had insurance, is it in addition to 16 insurance or is it -- 17 MR. THOMAS: It's in addition to insurance. 18 For what insurance doesn't cover. 19 COMMISSIONER BELEW: It's like deductibles 20 and stuff you told us one day. 21 MR. THOMAS: Well, you don't -- you're not 22 going to get your deductibles back. Only under certain 23 circumstances. But you'll get a portion. You can get 24 some -- some money back, yes. You won't get all of it. 25 COMMISSIONER LETZ: And on the ranch 34 1 payments, which were -- I don't know, I think they were 2 like 11,000, 14,000, something like that. Is that 3 largely due to livestock, including exotics, that were 4 lost? 5 MR. THOMAS: That's -- that's -- I'm 6 guessing that's what it is. I'm assuming it is because 7 I'm sure some of those folks that have farm and ranches, 8 those exotics are -- that's their bread and butter, 9 that's how they make their money. So I'm assuming that 10 that's included. 11 JUDGE KELLY: All right. No action to be 12 taken on this. Any other discussion? Again, thank you, 13 Dub. 14 MR. THOMAS: Yes, sir. Y'all have a great 15 day. 16 JUDGE KELLY: Item 1.4 consider, discuss and 17 take appropriate action to accept a restricted donation 18 in the amount of $725 from Kerrville Pets Alive to Kerr 19 County Animal Services for purchase of 100 PetLink 20 Datamars microchips for KPA sponsored chips for owner 21 reclaimed pets and for special microchipping events. 22 Shelly Sandy. 23 MS. SANDY: Good morning. My name is Shelly 24 Sandy and I'm Treasurer of Kerrville Pets Alive, located 25 at 414 Clay Street here in Kerrville. Based on the 35 1 success of our June 12th Free Pet Microchip Event held 2 at Glory Community Gardens and due to the increasing 3 number of owners who are opting to accept the offer of 4 the free microchip when reclaiming a lost pet from Kerr 5 County Animal Services. 6 The initial early June order of 400 7 microchips purchased with the donation made by Kerrville 8 Pets Alive has been exhausted. Accordingly, Kerrville 9 Pets Alive would like to continue these efforts by 10 making a second $725.00 restricted donation to KCAS for 11 the purchase of an additional 100 Datamars microchips. 12 These microchips will continue to serve as a restricted 13 stock supply at KCAS to offer free microchips to owners 14 when they reclaim their pets, notably a pet that has 15 already been impounded and is a proven flight risk, as 16 well as for use at future Kerrville Pets Alive posted 17 microchip events. 18 We are currently looking at local event 19 calendars for opportunities to host additional events 20 and appreciate the County's continued support in our 21 efforts to quickly reunite lost pets with their 22 families. Thank you. 23 COMMISSIONER LETZ: Judge, I'll move for 24 acceptance of the donation. 25 COMMISSIONER BELEW: Second. 36 1 JUDGE KELLY: Motion's been made by 2 Commissioner Letz, seconded by Commissioner Belew to 3 accept the donation. Any discussion? 4 COMMISSIONER HARRIS: I have a question. 5 Shelly, by restricted donation you mean specific for 6 the -- 7 MS. SANDY: Specific for purchase of the 8 microchips. That's all. 9 COMMISSIONER HARRIS: Okay. Thank you. 10 MS. SANDY: That -- we've already kind of 11 made an arrangement with Reagan and the staff at KCAS 12 for the purpose of these chips and -- 13 COMMISSIONER HARRIS: Perfect. 14 MS. SANDY: -- trying to just get them 15 chipped. Get them chipped and take them home. 16 COMMISSIONER LETZ: Thank you all for your 17 continued support. We appreciate it. 18 COMMISSIONER HARRIS: No kidding. 19 MS. SANDY: We're trying. 20 COMMISSIONER MOSER: Well, you're doing it. 21 JUDGE KELLY: We seem to get a little bit 22 better result when we collaborate. 23 MS. SANDY: Yes. And -- and the public 24 likes free. So -- always a good thing. 25 JUDGE KELLY: All those in favor raise your 37 1 hand. Unanimous, five zero. Thank you, Shelly. 2 I've got a couple timed items at 9:30, but I 3 know I've got people out here and I'm trying to get -- 4 service the public first. Let me ask -- we've got a 5 deal from the Airport at 9:30. And then we have a 6 public meeting for the annual record archival training. 7 Who all is here for those two things? 8 DR. MOSIER: (Raising hand.) 9 JUDGE KELLY: Okay. Who's here for the 1.5 10 on the Veterans Advisory Committee? Let's go ahead and 11 take that and try to get them out of the way. 12 Let me call 1.5 Consider, discuss and take 13 appropriate action regarding the quarterly report from 14 the Veterans Advisory Committee. Gary Noller. 15 MR. NOLLER: Good morning. Gary Noller, 140 16 Ray Drive, Center Point, Precinct 2. And with me today 17 is Byron Warren, and he's also in Precinct 2. Absent 18 today is Vicky Marsh and Bill Cantrell, also Precinct 2. 19 They have other commitments. 20 I'll try to be brief here today. You may 21 have already received the written report from Jenna 22 Sanchez on the quarterly report that just ended, 23 June 30. I'm not going to go through the report and 24 read everything there. But I did some quick scratching 25 on paper just on one of the line items on there, which 38 1 is compensation granted by the Veterans Administration 2 to veterans or their survivors or dependents in that 3 quarter. And that comes in two forms. 4 One of them is monthly. What they will get 5 every month, with a cost of living increase as long as 6 they live probably. And then what's retroactive, which 7 is the amount of money that's paid going back to the 8 time that they started their claim. If you started your 9 claim six months ago and they awarded it today, you're 10 going to get six months retroactive. That amount of 11 money, the way I figured it out, is about a million and 12 a half dollars a year, and I think that's a considerable 13 amount of money. 14 If they're looking in four years to come to 15 town and say they're going to put a million and a half 16 dollar payroll into this town, and that's tax free, so 17 if you want to count federal taxes being paid by those 18 employees, it's going to -- it's going to be more than a 19 million and a half. That would probably be probably the 20 -- an achievement that would get the front page of the 21 local newspapers. 22 So I think it's always important that we 23 keep that in mind, that the economic benefit that the 24 County -- the service officers bring and continue to 25 bring, and then also, what does that do to the people 39 1 who receive that money. 2 What does that -- how does that help them? 3 In some cases, they're going to buy a new car. And in 4 some cases they're going to buy a battery for their old 5 car and -- depending on how much money they get. 6 So we certainly want to extend our 7 appreciation to the Commissioners' Court for their 8 continued support for the County service officers and 9 want to recognize Jenna for the work that she's done. 10 Marty has been gone for a while on active duty with the 11 Air Force. Jenna has kept the office up. 12 There are other Veteran Service officers in 13 the area, but these veterans and dependents and 14 survivors have chosen to come to the County Service 15 Office here, and I'll say the County Service's Office 16 here in Kerr County have an excellent -- very excellent 17 performance and achievement record and they are known 18 and people search them out. 19 Jenna was also involved highly with the 20 Memorial Day ceremony that was here at the courthouse 21 this here. It was probably in the 20 years that I've 22 lived here in Kerr County, I'm going to say it's the 23 best one I've attended as far as being -- how well it 24 was planned out and how well it was executed. And it 25 needs to be somebody in charge and Jenna took charge of 40 1 that. And if you were down here that day, she looked 2 like she was in charge. And that's very important. And 3 certainly appreciate -- 4 JUDGE KELLY: I think the Air Force trained 5 her to do that, didn't they? 6 MR. NOLLER: Yes. But -- and she has helped 7 and we certainly want to extend our appreciation to the 8 Commissioners' Court for everything that they do to help 9 facilitate that program. And I know that Shane was here 10 at the facilities. They put chairs up. They controlled 11 parking. We had, you know, the services that we needed 12 out there. Electricity. They usually mow the grass and 13 rake things up real nice. 14 And the Sheriff's Department had the 15 building open so that the guests had access to the 16 inside of the building here to the restrooms and things 17 like that. So -- so there was help. Vicky Marsh 18 represented the advisory committee and helped kind of 19 keep things lined up, organized too, and we had some new 20 people show up this year that was very thankful for 21 that. 22 A couple other items. One of them is the 23 Veterans Administration has continued to give 24 vaccinations for people who want them. As we know, it's 25 pretty much coming to a standstill now across the 41 1 nation. But any Veteran that -- the VA has opened it 2 up. They're not quite as selective. It's any veteran, 3 whether they're enrolled in healthcare or not, the 4 caregivers to that veteran, and then, you know, spouses. 5 So I want to make sure people know that that's available 6 out there. 7 Last thing I'm going to say is we wanted to 8 acknowledge Commissioner Moser for your work over a 9 considerable amount of time as the Liaison from the 10 Commissioners' Court to the Veterans County Service 11 Office. We appreciate what you did -- what you have 12 done, because we believe that you've got the heart to 13 make sure that the County has done all that it could 14 possibly do to keep the office running, to keep it 15 funded, and to make sure it's got proper staff, the 16 staff is doing the job they're supposed to be doing. So 17 we hope that you don't totally leave Kerr County and we 18 can see you at the Center Point -- once or twice a year 19 at the fish fry or at the barbecue. But we did want to 20 extend our appreciation to you for what you've done. 21 COMMISSIONER MOSER: Well, thank you, Gary. 22 MR. NOLLER: And Byron has a few words he 23 wants to say. Thank you very much. 24 MR. WARREN: Byron Warren, 2944 Dry Hollow, 25 Kerrville. I'm wearing my hat this morning. I'm coming 42 1 from our advisory committee to the Commissioners' Court, 2 but also as the Commander of Military Order of the 3 Purple Heart. 4 I'd like to recognize and thank Commissioner 5 Moser for his effort and support to the veteran service 6 officer and to veterans of Kerr County. I wanted to 7 make sure that he understands from our small point of 8 view we really appreciate him before he ran away. And 9 if we could embarrass him more, we'll do it. 10 But we really appreciate you, Commissioner, 11 and your support and your attending meetings. And your 12 input to some of our discussions were very, very 13 forthright and helpful. And again, from the veterans 14 community, Semper Fi. 15 COMMISSIONER MOSER: Well, let me comment, 16 if I may. Thank you, Byron. Thank you, Gary, for the 17 kind words. Let me reflect on one thing that -- that 18 the Court made the decision when we established Veteran 19 Service officer, the concept and the intent was for it 20 to be a benefit to the citizens of all Kerr County. 21 Particularly the veterans. 22 But in a quantitative sense, we hoped that 23 it would be proven that the additional revenue coming 24 into the County by having benefits provided to veterans 25 that perhaps they didn't know about or whatever, would 43 1 compensate for the salary and the expense of the Veteran 2 Service Officer. 3 So far, I think we can clearly say it has. 4 Okay. And I think what Gary presented earlier and what 5 Jenna presented in her report clearly shows that. So I 6 think it's a job well done. 7 And the second thing is, thanks to the 8 veterans committee, the advisory committee. It's been 9 superb. The four people on that work diligently on 10 that. You take the job seriously, and I think with 11 them, it's one plus one is equal to three between the 12 Advisory Committee and the Veterans Service Officer. So 13 thank you, guys, for what you do too. 14 JUDGE KELLY: Thank you. Is there any 15 action we need to take on this? 16 COMMISSIONER MOSER: No action. 17 JUDGE KELLY: Thank you. 18 I'm juggling things around because we have 19 some of these timed items in between. I want to make 20 sure I don't have anybody waiting out there in the 21 hallway on this public hearing, so I'm going to call 1.8 22 public hearing regarding County Clerk's Annual Record 23 Archival Plan in accordance with the Local Government 24 Code. Is there anyone outside? 25 SHERIFF LEITHA: No, Judge. 44 1 JUDGE KELLY: Okay. Well, I called the 2 meeting to order and nobody's appeared to address it. 3 So the meeting will be adjourned. 4 Let's go back and pick up the other 9:30 5 item, which is 1.7, and I apologize, Tracy. I'm doing 6 the best I can. 7 MS. SOLDAN: That's all right. 8 JUGE KELLY: Consider, discuss and take 9 appropriate action regarding a Resolution to reallocate 10 $1.9 million allocated to the Kerrville-Kerr County 11 Airport. Mark Mosier and Commissioner Moser. 12 COMMISSIONER MOSER: Go ahead, Mark. 13 DR. MOSIER: Thank you, Commissioner Moser 14 and Commissioners. Mark Mosier, President of the 15 Kerrville-Kerr County Airport Board. I addressed this 16 Court about two weeks on this subject. We had just -- 17 I won't use the word lost, the funding was postponed. 18 As many of you know, Texas is a block grant 19 state which means the funds comes from the feds. And 20 they're funneled through TxDOT and then they disburse 21 the funds out, and there are a variety of different 22 grants that are given out. And with that, we have grant 23 assurance saying we will run the Airport a certain way 24 so we don't have to pay those monies back. 25 Some of the funds are given out annually, 45 1 and some every five years or every ten years. We're in 2 the cue for some funding that was given out on a lesser 3 time frame, and it involves long-term planning and 4 structure, and about ten airports. Five of these ten 5 airports had larger amounts. Larger, close to two 6 million dollars or more, and Fredericksburg and 7 Kerrville were two of those airports. 8 This funding, according to Director of TxDOT 9 has been delayed to us. They're going to kick the can 10 down the road a year, maybe two. Along with that, it's 11 moved back our master plan funding, which I talked about 12 recently, which required -- a master plan required by 13 the FAA to be able to receive any funding. 14 So this fund, apparently at the last minute 15 on the State House floor, was given in the amount of $15 16 million, from what I understand, was given to Odessa 17 Airport in Midland, Odessa, which is the smaller Airport 18 of the two. There's the Midland Airport, which is a 19 larger international Airport, and then the Odessa 20 Airport, and their purpose from what I understand is to 21 lengthen the runway by 2000 feet, and build a larger 22 hangar for the use of -- 23 JUDGE KELLY: I'm going to interrupt, Mark. 24 DR. MOSIER: Sure. 25 JUDGE KELLY: Point of privilege. I grew up 46 1 in Midland. And they used to call it the Midland/Odessa 2 Airport. And Odessa didn't ever put a penny in it. I 3 guarantee you. And there is an Ector County Airport 4 which is -- Odessa is the County seat, and that's the 5 new airport that they built that they're trying to make 6 competitive. Just to clarify there. 7 DR. MOSIER: Yeah. The stories that I've 8 heard are from the newspaper and other people exchanges, 9 and the actual truth is somewhere in between. So I 10 don't know the full final story for why these funds are 11 moved. 12 I do know there's a lot of effort from the 13 County and a variety of leaders to get the funding 14 returned, however that may be. The Director of TxDOT 15 Aviation is -- it greatly affects TxDOT Aviation. Dan 16 Harmon, he told me they're working on it very 17 diligently. 18 We've written letters to the Speaker of the 19 House, the Lieutenant Governor, the Governor, as has 20 Gillespie County. I know that -- I believe their County 21 Judge has written similar letters. 22 So we hope this funding will be returned to 23 us in some way, shape, or form. I've heard some 24 comments from TxDOT that it will happen. So as far as 25 you're concerned, I know you have -- we have a ten 47 1 percent match is what it is. And the -- it's 2 interesting to know that their State Representative did 3 not know about the funding beforehand. It surprised 4 him. 5 The Airport Board, which is an advisory 6 board, and there's a little bit different structure. 7 They give them advice, according to them, usually after 8 the fact what they -- why they did something wrong or 9 right. They didn't have any idea about it. Even the 10 CFO of border protection knew nothing about it. So 11 there's some -- the real reason is really -- somewhat of 12 a mystery to me. But the goal is to get the funding. 13 COMMISSIONER MOSER: So basically what we 14 have here is a proposed Resolution that says that these 15 funds will be taken from -- not as planned -- planned 16 funds were taken from the Kerrville-Kerr County Airport, 17 and other counties -- and other airports around the 18 State, to benefit a single airport at Midland/Odessa or 19 whatever the airport is called now. 20 JUDGE KELLY: Ector County. 21 COMMISSIONER MOSER: Okay. Okay. So this 22 Resolution is to -- and I'm not going to read the whole 23 thing. Okay. This Resolution is to say this Court 24 requests that the State reconsider this and to let our 25 airport and the other airports proceed as planned 48 1 previously with TxDOT Aviation. Is that correct? 2 DR. MOSIER: That's correct. Briefly, the 3 number one most viable asset we have at the Airport is 4 the long main runway. There's no question about that. 5 And this funding was going to be used for maintenance of 6 that runway and our ramp. Our ramp badly needs 7 caulking. Without that, the ramps are failing. 8 COMMISSIONER MOSER: Right. Okay. So 9 that's the Resolution. So, Judge, instead of reading 10 the whole thing, I'd make a motion that we approve the 11 Resolution as presented to the Court. 12 COMMISSIONER LETZ: Second. With a 13 correction. 14 COMMISSIONER MOSER: Okay. A correction? 15 COMMISSIONER LETZ: A typo. 16 COMMISSIONER MOSER: Typo. Okay. 17 COMMISSIONER LETZ: The last Whereas should 18 say, notice was received that these projects will -- it 19 says will be move, should be will be moved. 20 COMMISSIONER MOSER: Okay. With that -- 21 with that change, I make the motion. Okay. 22 COMMISSIONER LETZ: Yeah. And I'll second. 23 JUDGE KELLY: Okay. Motion's been made by 24 Commissioner Moser, seconded by Commissioner Letz to 25 approve the resolution as presented, making "move" from 49 1 present to past tense. Any other discussion? 2 COMMISSIONER LETZ: Just a comment. Just a 3 correction on a little slight thing. The Resolution 4 only refers to the Kerrville-Kerr County Airport, not 5 reinstating the funding to the other airports. 6 COMMISSIONER MOSER: Right. Right. Thank 7 you. 8 COMMISSIONER BELEW: My question is about 9 timing. If there's still money that's been pledged, as 10 you just stated, then it's a question of when it would 11 come. If that's what I think I'm hearing. 12 DR. MOSIER: Well, the goal is that the 13 timing stayed the same as planned. And that's the goal 14 of TxDOT aviation also. 15 COMMISSIONER BELEW: But there's money 16 that's earmarked, it's just been postponed for now? 17 That's what it sounds like. 18 DR. MOSIER: Yeah. That's what they told 19 me. 20 COMMISSIONER BELEW: Okay. So we're trying 21 to get it in to what time frame? 22 DR. MOSIER: Keep it the same. 23 COMMISSIONER BELEW: Which is? For the 24 record -- 25 DR. MOSIER: I'm so sorry. 2022. 50 1 COMMISSIONER BELEW: Next year. 2 JUDGE KELLY: Well, and so that everyone is 3 focused on what's happening in Austin, there will be 4 another special legislative session concerning the 5 allocation of block grants awarded to the State as a 6 result of the pandemic. So there will be money being 7 allocated in Austin within the next few months. 8 DR. MOSIER: Correct. And that is the goal, 9 to get it in that session. 10 COMMISSIONER MOSER: The timing is good. 11 DR. MOSIER: The timing is good. 12 JUDGE KELLY: Okay. Any other discussion? 13 Those in favor raise your hand. Unanimous, five zero. 14 DR. MOSIER: Thank you for your support. 15 JUDGE KELLY: Okay. Let's -- we've got a 16 problem with the agenda today, but let's get you up and 17 get this one done. Item 1.6 consider, discuss and take 18 appropriate action to authorize a nominating committee 19 to seek nominations and submit an application to the 20 Kerrville Chamber of Commerce for a county employee to 21 participate in the Kerr County Leadership Class of 22 2021-22. Application fee to be paid out of current 23 year's budget. We do this every year, right? 24 MS. SOLDAN: We do. 25 JUDGE KELLY: Okay. 51 1 MS. SOLDAN: With the exception of last 2 year. So I'm coming back to the Court to have you 3 authorize that the process will take place again. And 4 the nominating committee has generally been myself, the 5 County Attorney, and the HR Director. 6 COMMISSIONER LETZ: I move to have the -- to 7 continue with the same process. One more year. 8 COMMISSIONER HARRIS: Second. 9 JUDGE KELLY: Motion's been made by 10 Commissioner Letz, seconded by -- 11 COMMISSIONER LETZ: Harris. 12 JUDGE KELLY: -- Commissioner Harris to 13 continue sponsoring the representative from the county 14 to participate in the Kerr County Leadership Class next 15 year. Any other discussion? 16 COMMISSIONER BELEW: What's the amount? 17 MS. SOLDAN: $700. 18 JUDGE KELLY: Any other discussion? Those 19 in favor raise your hand. Unanimous, five zero. Thank 20 you, Tracy. 21 Okay. I apologize, but we need to take a 22 break. It's almost ten o'clock. Let's take a ten 23 minute break and be back here at ten minutes after 24 10:00. 25 (Recess.) 52 1 JUDGE KELLY: Come back to order. Executive 2 privilege, I'm going to call Item 1.30 on the Volunteer 3 Fire Department consider, discuss and take appropriate 4 action for the Court to set a public hearing for August 5 16th to discuss the creation of Kerr County Emergency 6 Services District #4. 7 I see Lee here. I didn't want 8 y'all to have to wait another hour or hour and a half 9 just to be able to get a public hearing set. 10 MR. REEVES: Thank you, Judge. 11 JUDGE KELLY: Mr. Reeves. 12 MR. REEVES: Good morning, 13 gentlemen. On July 8th, 2021 a petition was filed by 14 Kirk Griffin and Robert Taylor with the Kerr County 15 Clerk, Jackie Dowdy. This was to allow the creation of 16 an Emergency Services District. Such District would be 17 known as Kerr County Emergency Services District #4. 18 The petition consisted of 28 19 pages, and 150 signatures. Eleven such signatures were 20 declared invalid by my office, eight for not being 21 registered voters in the proposed district, and three 22 were not landowners. The petitioners are required to 23 have 100 qualified signatures and I deemed it to be 24 sufficient with the 139 signatures. 25 Texas Health and Safety Code 53 1 775 requires that at the next regular or special session 2 of the Commissioners' Court held after the petition is 3 filed with the County Clerk, the Commissioners shall set 4 a place, date and time for the hearing to consider. 5 There are specific timelines to 6 place this issue before the voters on the next Uniform 7 Election day, which is November 2nd of this year. Since 8 time is of the essence, I respectfully request that a 9 public hearing be scheduled at 9:00 a.m. August 16th. I 10 realize that is not a normal court meeting, but August 11 16th is the last day we can call this election for to 12 get it on the ballot for this year. 13 COMMISSIONER HARRIS: I move 14 for approval. 15 COMMISSIONER BELEW: Second. 16 JUDGE KELLY: Motion's been made by 17 Commissioner Harris, seconded by Commissioner Belew to 18 call a public meeting for August 16, which will be a 19 Special Commissioners' Court meeting of this year for 20 the creation of Kerr County Emergency Services District 21 #4. Any discussion? 22 Bob, we're happy to have a special meeting 23 in order to be able to get this ESD off the ground. 24 MR. REEVES: You bet. 25 JUDGE KELLY: Anything else? Those in favor 54 1 raise your hand. Public meeting is set. Lee, thank 2 you. 3 MR. REEVES: Thank you, gentlemen. 4 JUDGE KELLY: We appreciate what you're 5 doing. 6 Okay. Now I'm going to go back to my 9:45 7 agenda item, and Commissioner Moser has allowed us to 8 pass over that and move on to our ten o'clock docket so 9 we can get everything else wrapped up. 10 Item 1.21 Public Hearing regarding the 11 installation of No Parking signs on FM 1340 at the Wagon 12 Wheel low water crossing over the North Fork of the 13 Guadalupe River. I convene this public meeting. Is 14 anyone here to speak on behalf of that topic? Okay. If 15 you would, have you turned in your -- 16 MS. ARMITSTEAD: I turned in my form on 17 Friday, and then I signed in. And then I also gave all 18 of you gentlemen some points. 19 JUDGE KELLY: Okay. Let's find it here. I 20 think I've got everything here. 21 MS. ARMITSTEAD: So my points say 22 consistency -- 23 JUDGE KELLY: Excuse me just a minute. 24 We've got to make sure we got everybody -- the first one 25 I have is Clint Morse. Is he here on that? 55 1 MS. ARMITSTEAD: They are in traffic on 39. 2 It will be about 40 minutes. 3 JUDGE KELLY: Okay. 4 COMMISSIONER HARRIS: It's a zoo out there 5 and I heard there's like a 40-45 minute delay on Highway 6 39. 7 MS. ARMITSTEAD: There is. 8 COMMISSIONER HARRIS: Good luck getting 9 home, Judge. 10 JUDGE KELLY: I hope it's done by then. 11 And the next one I have here is Dana 12 Armitstead. 13 MS. ARMITSTEAD: That's me. 14 JUDGE KELLY: Okay. You may proceed. 15 MS. ARMITSTEAD: Okay. Great. So the 16 handouts I gave you are consistency, costs, enforcement 17 and priorities. So hopefully you have those. And 18 they're photographs. 19 Okay. Thank you, gentlemen. My name is 20 Dana Armitstead. I'm a resident of Hunt, Texas. I've 21 lived at the Wagon Wheel property for 21 years. The 22 first point -- so this is all regarding consistency, 23 costs, enforcement, and priorities. My first point is 24 shouldn't the signage be consistent at every crossing? 25 Since the ultimate effect of this signage should be to 56 1 increase traffic at other crossings, shouldn't there be 2 parking signs then at every Hunt crossing? The 3 popularity of these crossings is very cyclical. 4 The Benson Crossing was the hot spot for 5 years. Now Wagon Wheel is. Next year and post pandemic 6 there's no telling what that's going to look like and 7 what crossing that may hit and what kind of traffic 8 hazards that may affect. 9 So my question to Mr. Hastings, is has all 10 the Hunt crossings been surveyed for parking issues for 11 the exact same concerns? If so, what is the cost 12 associated with that? Has it been considered how the 13 Wagon Wheel Crossing handled differently will be 14 perceived by the community. 15 Also of note, over ten years at a minimum, 16 there have been no incidents at Wagon Wheel Crossing. 17 One single motorcycle accident, single driver fatality 18 here, not related at all to parking issues. 19 My biggest point is does the Sheriff's 20 Department have the capacity or the bandwidth to enforce 21 this? I know that the Department does not currently 22 have the bandwidth to enforce the pervasive immediate 23 issue of dangerous truck passings causing liability to 24 owners out there. 25 By that I mean there's dangerous bluffs, 57 1 constant diving in shallow water from an eight-foot 2 bluff. I've witnessed people throwing toddlers off this 3 bluff without floaties or anything all day long. So how 4 would the Sheriff's Department all of a sudden have the 5 manpower to police something that poses far less 6 immediate danger to the community. 7 To that same public safety point, I've 8 shared these photos of the crossing itself. Badly 9 neglected road structure. The crossing is a disaster. 10 Wagon Wheel is the only water crossing on the North Fork 11 that has not been repaved. It is in very poor condition 12 and badly in need of repair. This poses far more of a 13 daily safety issue for the Hunt community than the 14 parking issue. 15 So in summary, I'm requesting today that the 16 crossings all be surveyed for these same safety issues, 17 than the overall resulting cost and burden on our 18 Sheriff's Department be evaluated before approving what 19 I feel is a short-sided initiative. 20 Thank you again for your time and your 21 concern about the safety of the Hunt community. 22 JUDGE KELLY: Thank you, Miss Armitstead. 23 MS. ARMITSTEAD: Uh-huh. 24 JUDGE KELLY: Anyone else here to appear at 25 this public meeting? The people's names that I have 58 1 here, I have Kathy Freeman? 2 MS. FREEMAN: Yes, sir. 3 JUDGE KELLY: Okay. Did y'all fill out your 4 speaker forms? 5 MS. FREEMAN: Yes, I did. 6 JUDGE KELLY: Okay. You turned it in? 7 MS. FREEMAN: I filled out something this 8 morning and I filled out something by phone on -- 9 JUDGE KELLY: And your name is? 10 MS. FREEMAN: Kathy Freeman. 11 JUDGE KELLY: Okay. That's what I just 12 called, isn't it? 13 COMMISSIONER MOSER: Yeah. 14 JUDGE KELLY: Okay. You may speak. 15 MS. FREEMAN: Yes, sir. 16 What I have to say is very short. 17 Dictionary.com considers a park an area of land usually 18 in largely natural state for the enjoyment of the 19 public, having facilities for rent and recreation, often 20 owned and set apart and managed by a city, state or 21 nation. 22 To Dana's point, is there manpower to have 23 this a park? Okay. I'm not saying it's a park. We 24 have a park in Hunt, Texas, which is Schumaker. And we 25 have witnessed the traffic going down from Schumaker and 59 1 moved out to Wagon Wheel. We actually have camps. And 2 the Schumaker has trash cans, tables, shelters. It is 3 suitable for a park. It is a park. And Wagon Wheel 4 crossing is a farm to market, as are all the crossings. 5 Thank you. 6 JUDGE KELLY: Thank you, Ms. Freeman. 7 Do we have anyone else to speak on this 8 topic? 9 MR. MORSE: Judge Kelly? 10 JUDGE KELLY: What's your name? 11 MR. MORSE: I'm Clinton Morse. I -- my wife 12 and I both filled out forms. 13 JUDGE KELLY: Okay. I've got you here. 14 I've got Clinton and Vivian Morris. 15 MR. MORSE: Thank you. You want to go first 16 or you want me to? 17 MS. MORSE: I'll go. Like Dana and Kathy 18 and some others, we live close to the crossing so 19 whatever is done there really will impact our place of 20 residence. I was going to make comments about the 21 signage, the proposed signage, requiring traffic to park 22 on the southeast side of 1340 as it impacts our driveway 23 and -- but I'll just dispense with that. Because I 24 think a lot of people there are just as impacted. 25 From a public safety standpoint, I think it 60 1 would be well for the Commissioners to take a strong 2 look at that. If public signs are placed to the west of 3 1340, southwest, requiring the sunbathers to park over 4 on the southeast side, that of course will force the 5 parked cars further up -- or further down 1340. 6 And to me, that's a very dangerous 7 situation. And not just to me, people recognize that 8 out there. It's a very dangerous crossing. It doesn't 9 appear to be dangerous, but if you approach 1340 from 10 Hunt, you're going through a descent. And the curve 11 there, going across the low water bridge, is a lot 12 stronger, it's a lot more of a curve than what people 13 really think. And I think people underestimate how much 14 of a curve that they're approaching. 15 There have been instances where drivers have 16 lost control of their cars and I know this personally 17 from personal experience. But with people parking on 18 the southeast side of 1340, you're going to have to 19 cross over to go to the west side of the river. 20 Now, there are some bathers that do go -- 21 groups that go onto the east side of the river for sure. 22 But the vast majority of them go to the west side of the 23 river because of the dam there. Lusesus (phonetic) Dam, 24 it's a very great, great place for swimmers. 25 And so they're going to have to cross that 61 1 1340 to get over to that side of the river, and it's not 2 just one lone bather walking across 1340, there are a 3 lot of people that have been showing up. One day I 4 counted 34 cars parked along 1340. And it was like a 5 carnival out there. 6 And they're carrying large Coleman 7 containers, carrying lawn chairs, they're carrying 8 canopy tents that you can put in the river bed, and it's 9 fun for them. You know, I understand that. It's the 10 river. Hibachi's, dragging kids along, dogs. It's a 11 lot of traffic going across 1340. 12 And I've been across when people are showing 13 up, some people are leaving, more people show up. You 14 gotta pick your way across that -- that descent across 15 the bridge so that you don't hit anybody. 16 I can tell you that the traffic has gotten 17 worse and worse on 1340. And I'm not just talking about 18 the people who go out to the river, I'm talking about 19 construction pickups. Heavy construction trucks. I 20 understand there's a subdivision going up in Divide, so 21 there's a lot of heavy equipment going up and down 1340. 22 And it's a blind curve. It's a blind curve. 23 When you're going down towards that 24 crossing, you don't see very much beyond it as you 25 approach. And they're going at a high rate of speed. 62 1 I'm surprised at how fast people take that curve. 2 Motorcycles. It's a big scenic route for a lot of 3 motorcycles. It's beautiful out there. But it's 4 just -- I think it's a dangerous situation. And it 5 would be good to take a real strong look at that because 6 as long as people are having fun out there, they're 7 going to spread the word and people are going to pile 8 on. 9 So I'm going to end this. And I think my 10 husband has some comments about trying to limit that. 11 Thank you. Thank you for letting us speak. 12 JUDGE KELLY: Thank you, Ms. Morse. 13 MR. MORSE: May it please the Court. My 14 name is Clinton Morse. I'm here representing myself. 15 Our property adjoins the Wagon Wheel Crossing. I want 16 to first thank the Commissioners for the attention that 17 they have given to this problem, and in particular Don 18 Harris, our Commissioner, for all the support that he 19 has gave the community. 20 I also support the efforts of our County 21 Engineer to establish some No Parking signs, that he has 22 clearly studied carefully at the crossing. I think that 23 given the history of what we had to deal with in the 24 past, those No Parking signs would have made the 25 crossing safer; however, I'm also here to respectfully 63 1 advise the Court that the problem has gotten much worse 2 this summer. 3 Two years ago, for example, on a Saturday 4 afternoon, you might have six or eight cars out there 5 and maybe 20 people. This past year, when we had COVID, 6 people didn't have anyplace to go, so they started 7 trying to find places on the river. And I was astounded 8 to count one day 17 cars out there. This was last year. 9 This year, I hoped that with the COVID subsiding that 10 people would go elsewhere. 11 Well, on July the 3rd, there were 30 cars 12 out there. I counted 28 cars and two motorcycles. And 13 this has been fairly typical. Last Saturday, there were 14 22 cars out there. And they're all parked in front of 15 people's property. Not ours. Well, not really ours, 16 because we have about five acres down by the crossing 17 that we keep as inhospitable as possible just with all 18 the cedar and brush. 19 But -- so they park there, it doesn't bother 20 us. And out -- quite frankly, our property is not 21 really adversely affected. But our neighbors' property 22 is. When you've got a whole front yard where people 23 have parked their cars in front of your property, and 24 with 30 cars out there you can imagine the number of 25 people, and my wife has certainly explained what's going 64 1 on out there. This has become a public park and it is 2 not designed for that. 3 And here's my recommendation. There are two 4 kinds of signs that I always follow. One it's handicap 5 parking, and the second is tow away zone. What if the 6 County were simply to put up some signs out there that 7 say no more than 15 cars in the vicinity of the 8 crossing. That's easy for the Sheriff to go out and 9 count. And it would solve the overcrowding problem, 10 both the safety problem for all these cars and people 11 milling back and forth. And it would mean that our 12 neighbors would not have their use and enjoyment 13 interfered with by the overcrowding. 14 I did count last week. Just from one of the 15 speakers here talked about, well, we need to survey 16 every single crossing. There's virtually no one at any 17 of the other crossings other than Hunt and Schumaker. 18 None. Last week, though, when there were 22 cars at the 19 Wagon Wheel. There were three cars at the Hunt crossing 20 that has all kinds of parking. That's the problem. 21 At the Benson crossing last week there were 22 three cars. And so I don't think that it is going to be 23 unfair for the Commissioners to say, well, we gotta 24 spread this out. And to me, that's a way to solve all 25 the problems, the safety problems, the interference with 65 1 our neighbors' use and enjoyment of their property. 2 Thank you very much for hearing me. 3 JUDGE KELLY: Thank you. Is there anyone 4 else to speak on this topic? 5 MS. ARMITSTEAD: I just have one point to 6 add. I've lived there, like I said, 21 years. The 7 crossings are -- 8 COMMISSIONER MOSER: Stand up so we can hear 9 you. 10 MS. ARMITSTEAD: The crossings are cyclical. 11 Benson was maxed out up until about 2015. It shifted to 12 Wagon Wheel. So the hot spots are cyclical and I think 13 we have to bear that in mind. Being very cognizant of 14 Mr. Morse's comments, I think his recommendation is a 15 great idea and a great answer to it. 16 JUDGE KELLY: Yes, Ms. Freeman? 17 MS. FREEMAN: I'd just like to add one more 18 thing. I want you to imagine you own land there and 19 imagine the trash, the diapers, the beer cans that have 20 been left there. And if we're going to make this some 21 sort -- you know, leave it as some sort of park, will 22 there been facilities? There is facilities at 23 Schumaker. There is facilities at Hunt Crossing. Thank 24 you. 25 JUDGE KELLY: Anything further at this 66 1 public meeting? Very well. Then we will be adjourned. 2 The next item on the agenda is Item 1.22 3 consider, discuss and take appropriate action for the 4 Court to authorize the Texas Department of 5 Transportation to install No Parking signs on FM 1340 at 6 the Wagon Wheel low water crossing over the North Fork 7 of the Guadalupe. Charlie Hastings. 8 MR. HASTINGS: Thank you, Judge. Wagon 9 Wheel Crossing is the low water crossing in the vicinity 10 of the 1700 block of FM 1340 in Hunt. Although FM 1340 11 is maintained by TxDot and they have received requests 12 to address the safety of pedestrians using the river at 13 this location, because it has become a popular swimming 14 hole, the use of regulatory signs must be authorized and 15 approved by the Kerr County Commissioners' Court. 16 That's why we're here today. 17 Even though it's a state highway, even 18 though it's under their jurisdiction, they will not 19 place regulatory signs for no parking unless it's 20 approved by the Court. 21 Members of TxDOT, Kerr County Sheriff's 22 Office, Kerr County Engineering Department, Kerr County 23 Road & Bridge Department, and the Commissioner of 24 Precinct 4 met with the resident owner of 1699 FM 1340, 25 Mr. Clinton Morse, on multiple occasions to evaluate the 67 1 aforementioned safety concern, specifically parking on 2 both sides of the road in and around the bridge. 3 The conclusion was that the use of No 4 Parking signs on either side of the Wagon Wheel low 5 water crossing bridge would enhance pedestrians and 6 safety and vehicle safety if placed as follows: The 7 northeast bound side of FM 1340 from the bridge 8 northeast to a point approximately 300 feet, and the 9 southwest bound side of FM 1340 from the bridge 10 southwest to a point approximately 275 feet. 11 The County Engineer recommends that the 12 Court consider, discuss and take appropriate action on 13 this item, at the pleasure of the Court. 14 COMMISSIONER MOSER: Charlie, let me ask you 15 a question. How is this different than the crossing in 16 Brinks Crossing on Guadalupe River in Precinct 2? You 17 know, I think we have a similar situation here where No 18 Parking signs are there. And even with the No Parking 19 signs within proximity of the crossing itself, I've 20 counted 60, six zero, cars there at any given time. So 21 it -- it's a place people see that they can get in the 22 river at the crossing. 23 We can't keep them from getting in the river 24 at the crossing. It's a navigable stream, believe it or 25 not. Okay. So people have the right to get into the 68 1 river, and they're going to. So is this -- is this 2 exactly the same situation as Brinks Crossing? 3 MR. HASTINGS: It's -- it's the same 4 situation. 5 COMMISSIONER MOSER: Yeah. Okay. So there 6 are a lot of places in the County that experience this 7 same type of thing. So it's too bad people have to 8 carry their coolers and everything down from a distance 9 away from the river at Brinks Crossing, but they still 10 do it. I mean, even with the No Parking signs there, 11 there are 60 automobiles there on the time when people 12 are there enjoying the river. 13 And to my knowledge, ask the County 14 Attorney, but we can't -- can't keep them out of the 15 river; we can just control the parking. Control the 16 crowd, safety, so... 17 JUDGE KELLY: Is that the legal issue, that 18 we can control parking but we can't control their access 19 to the river, right? 20 MRS. STEBBINS: Well, if it's a navigable 21 stream they can have access to it. 22 JUDGE KELLY: Well, the Guadalupe is a 23 navigable stream. We all know this. And we -- we do 24 have the authority to regulate parking? 25 MRS. STEBBINS: Uh-huh. Yes, sir. 69 1 JUDGE KELLY: None of these places, whether 2 it's Brink's, whether it's Wagon Wheel has been 3 designated as any kind of county park or public park? 4 MRS. STEBBINS: That's right. 5 JUDGE KELLY: So it's just -- it's a public 6 access point, is that what we're talking about? 7 MR. HASTINGS: Yes. 8 MRS. STEBBINS: Yes. 9 COMMISSIONER HARRIS: Yeah. Clint and I, 10 we've talked about this, God, it seems like two years 11 now, Clint, going back and forth we've discussed this 12 and had TxDOT come in and talk about it. And the bottom 13 line, we can do things on the side of safety, and we've 14 had the Sheriff out there looking at it and what have 15 you and -- along with Clint and, you know, this is one 16 of the frustrating things. 17 You know, we were talking about filling the 18 Precinct 2 Commissioner down the road. There's a lot of 19 things that people think we can do that we can't. And a 20 lot of -- there's a lot of frustration. And if I had 21 beautiful property like y'all have right there, that 22 would drive me crazy. 23 I know, Dana, you get a lot of people 24 trespassing. Actually trespassing. And that's 25 frustrating. But our hands are tied in a lot of 70 1 regards. And I think after getting everybody out there, 2 looking at this, I think we've come out with the best 3 next step, and that's restricting some of the parking on 4 the side of safety. That -- maybe that will discourage 5 some people where they can't -- basically you're taking 6 half the parking away. And if people still want to 7 come, they're going to have to walk a lot further. 8 Isn't that your understanding, Charlie? 9 MR. HASTINGS: Yes, sir. That's -- I think 10 that's what we'll see happen. 11 COMMISSIONER HARRIS: Okay. And TxDOT, they 12 want us to -- to give it the okay before they put the 13 signs up, right? 14 MR. HASTINGS: That is correct. 15 COMMISSIONER HARRIS: Okay. Well, I'm going 16 to move for approval. And hopefully it helps. 17 MS. FREEMAN: I -- I have a question. Is 18 that in line with the -- what we were referring to? The 19 land passage or something? There's another river in our 20 precinct -- and you were -- I think you were describing 21 it at 60 cars. Is that in line, or do they move the 22 traffic back, or did they just leave it? 23 COMMISSIONER MOSER: No. It -- it looks -- 24 on the photograph here it looks like the same. Same 25 narrow bridge, public access, very enjoyable, you know. 71 1 COMMISSIONER BELEW: Well, I think she's 2 asking if you park in a line. They just park one after 3 the other down the -- 4 MS. FREEMAN: No. No. No. Is it -- it's 5 similar, right? 6 COMMISSIONER MOSER: Yeah, it's similar. 7 COMMISSIONER BELEW: Oh yeah, the blind 8 curve, the whole thing -- 9 MS. FREEMAN: Okay. My question is, okay, 10 where is that place in your Precinct? Is that -- is 11 there an official road? 12 COMMISSIONER MOSER: It's sort of across 13 from the airport, down to the river, okay -- 14 MS. FREEMAN: Okay, whatever that -- 15 crossing one, okay. It has 60 people. Are you pushing 16 the traffic back? 17 COMMISSIONER MOSER: Pushing the parking 18 back -- 19 MS. FREEMAN: Yes, sir. 20 COMMISSIONER MOSER: -- off the bridge. 21 MS. FREEMAN: And you're moving it back from 22 the bridges onto other people's -- in front of their 23 property further back and they gotta walk further. 24 That's, I believe, what you're suggesting, is that not 25 right? 72 1 COMMISSIONER MOSER: The answer is yes. 2 JUDGE KELLY: Yes. 3 MS. FREEMAN: You're pushing traffic back. 4 COMMISSIONER MOSER: Yes. 5 MS. FREEMAN: Okay. And did you do that at 6 your -- at that -- at the crossing one, which I've 7 described? 8 COMMISSIONER MOSER: Say again, I'm sorry? 9 COMMISSIONER LETZ: Yeah. I think I can 10 answer your question. It didn't decrease the traffic or 11 the people that want to use it, but it made it safer. 12 MS. FREEMAN: Did you -- but you did move it 13 back? 14 COMMISSIONER LETZ: Yes. 15 COMMISSIONER MOSER: Yes. 16 MS. FREEMAN: You did move it back, okay. 17 Okay. And so there's a lot more inebriated people 18 walking down the road and so -- 19 COMMISSIONER MOSER: Well, the answer is -- 20 I don't know the answer to that, if there are more 21 inebriated or not. But somebody mentioned trash and 22 diapers and things. 23 MS. FREEMAN: Yes. 24 COMMISSIONER MOSER: They put up a lot of 25 cans. 73 1 COMMISSIONER BELEW: Right. 2 COMMISSIONER MOSER: Upper Guadalupe River 3 Authority in concert with the County, pay to have the 4 trash pickup. Constables patrol it and make a 5 visibility of people, you know, not violating the 6 environment, and also not violating the parking. So 7 it -- and so far it's worked. It's -- it's more of a 8 hindrance for people to get to the river, but it's -- 9 it's made it safer, so -- 10 MS. ARMITSTEAD: Can I just ask real quick. 11 It's kind of imperative that it makes no point to move 12 forward on this -- approving this unless Sheriff Leitha 13 determines whether or not he is able to enforce it on a 14 regular basis. 15 SHERIFF LEITHA: If the Court passes this 16 here today, yeah, you know, we will enforce any -- any 17 signs that are posted. But I just want to let you know, 18 I can't tell you how quick. I mean, we'll prioritize 19 our calls. There is a guy assigned to that western 20 district. So we will enforce them if they're put up. 21 Definitely. 22 JUDGE KELLY: There's one deputy for 23 two-thirds of the County. 24 SHERIFF LEITHA: Yes, sir. 25 JUDGE KELLY: That's what we have. 74 1 COMMISSIONER LETZ: And the Constable of 2 Precinct 4 can also enforce it. 3 SHERIFF LEITHA: Yes. Definitely. We can 4 get with Brad and see if he can help us out with that. 5 MS. ARMITSTEAD: So I just wonder if we 6 could marry the enforcement of the trespassing under the 7 liability of jumping off the bluff at the same time. 8 SHERIFF LEITHA: If we get a call, yes, 9 ma'am, we'll go out there. As far as the 15 vehicles, 10 like he mentioned, I'd have to defer to Heather. I 11 don't know if we can put a number like that or not. 12 JUDGE KELLY: So you're going to tow away 13 number 2 car after 16 and 17 park? How are you going to 14 know? 15 SHERIFF LEITHA: Yeah. 16 MR. MORSE: Well, whoever's last in line, 17 the furthest away from the -- from the river they got 18 there last. 19 COMMISSIONER BELEW: If the sign says past 20 this point or whatever -- I mean, that can easily be 21 figured out. 22 JUDGE KELLY: Yeah, you can establish a 23 point. 24 SHERIFF LEITHA: Yeah. 25 JUDGE KELLY: But I don't think you can 75 1 establish a number. 2 COMMISSIONER BELEW: What I'm curious about 3 is in number -- it's really a difficult thing to put a 4 crosswalk at any place where people actually obey it. 5 But to have something painted on the road so that 6 drivers see it, there's a crosswalk there. I'm 7 concerned about the little ones crossing the road. 8 Getting away from mom and dad. That concerns me more 9 than any of the property issues or anything else. The 10 safety of these kids out there. And I don't -- 11 JUDGE KELLY: I couldn't agree more. I 12 drive past Ingram Lake at least two, if not four or six 13 times a day, depending on where I'm going. And I'm 14 terrified every time I go through there. And they've 15 got -- 16 MR. MORSE: Where -- where is this? 17 JUDGE KELLY: Ingram Lake. 18 MR. MORSE: Absolutely. 19 MS. FREEMAN: Do they have no loitering? Is 20 there not a precedent for no loitering signs on bridges? 21 COMMISSIONER BELEW: Let me tell you a 22 story. Where I live on Upper Turtle Creek, the sign is 23 regularly removed that says no jumping off the bridge. 24 They just take the sign and lay it down. When they get 25 through, they put the sign back up. They clean up after 76 1 themselves. There's never any trash there so it's a 2 truce. So that's kind of a little community thing that 3 happens out there on Upper Turtle Creek. It's 4 understood. 5 JUDGE KELLY: And just as a point of humor, 6 I live out on 39. And we're driving through there, 7 coming back from Center Point Volunteer Fire Department 8 barbecue. And there's a sign that says pass with care. 9 It's been hit, it's leaned over, and it's hanging by one 10 screw. And we just started laughing as we're driving 11 down the highway. They hit it. People do not pay 12 attention to any of the traffic signs that we put up out 13 in the county. 14 COMMISSIONER BELEW: I would say that every 15 one of our places where people go to swim like that has 16 its own personalities that show up, it has its own 17 characteristics. Each one is different as far as I can 18 tell. They have a sameness to them. Which is the 19 diapers and beer cans left behind. But -- but each one 20 has to be, I think, approached differently. A 21 one-size-fits-all doesn't really work. 22 COMMISSIONER HARRIS: I think once they put 23 these signs up, if it's monitored, either by the 24 Constable or Sheriff's Department right off the bat, put 25 some teeth into it, it might be okay. We might -- we 77 1 might see a little positive movement. But if we don't 2 get to it this year and wait until next year to try and 3 enforce it, then they -- you know, they're not going to 4 pay any attention to it. 5 JUDGE KELLY: Mark. 6 DR. MOSIER: I've been driving across 7 Brinks -- I'm a resident of Precinct 2. I've been 8 driving across Brinks Crossing for the last ten years, 9 two to four times as day. So I saw it before and after 10 the signage. And there's no perfect answer. There's 11 still little ones running back and forth across the 12 river, and I think it should be like a three mile an 13 hour speed limit, which is what I drive. I'm scared of 14 little ones running out from a parked car. I drive slow 15 throughout the whole area. 16 But I will say it's greatly improved. The 17 trash, the trash barrels, it's all greatly improved. 18 And I do appreciate the changes you made there. 19 JUDGE KELLY: Can we just have no parking 20 out there? 21 COMMISSIONER HARRIS: Afraid not. 22 FEMALE VOICE: Here, here. 23 JUDGE KELLY: Why not? If it's dangerous. 24 MS. FREEMAN: It -- it would affect -- 25 pushing it back, just these inebriated people walking 78 1 further down the road and -- and loitering on the 2 bridge. It's just a recipe for disaster. 3 COMMISSIONER LETZ: I like as a first step, 4 and Commissioner and Charlie's recommending as a first 5 step, if it doesn't help, we can look back at it and 6 maybe no parking everywhere. But I mean, I think 7 it's -- it's a good first step. 8 MRS. MORSE: It is -- that just prompted a 9 memory. I think there is at least one No Parking sign 10 at either the -- 11 MR. MORSE: It's Waldemar that has No 12 Parking signs. Now, whether they are nice purchased No 13 Parking signs or one you've authorized, I don't know. 14 But they look like official No Parking signs at 15 Waldemar. 16 JUDGE KELLY: Well, I'm concerned about the 17 safety of the people out there. The residents that live 18 there, the people that come to visit and, you know, when 19 there's alcohol there's always a problem. 20 MS. ARMITSTEAD: I just have one last 21 suggestion. If there would be further deterrent if we 22 could -- if we extend the parking signs. So, for 23 example, if we extended them far enough if that would be 24 a deterrent that the people would then not want to walk 25 with their coolers say so many feet. Right? And so all 79 1 we're doing is deterring them a very small footage. 2 If we then extended the parking signs to the 3 degree where they had to carry their colas, etcetera, 4 their floaties, their kids and everything a certain 5 footage, if that might overall eliminate the problem 6 long term because it would be too much effort and work 7 to access that crossing. Just a thought. 8 COMMISSIONER MOSER: Well, one thing -- 9 JUDGE KELLY: But how dangerous would that 10 be? 11 COMMISSIONER MOSER: One thing -- 12 MS. ARMITSTEAD: Well, we're already in the 13 process of doing that, right? And so all you're doing 14 is extending it just a little bit longer down the road. 15 COMMISSIONER MOSER: One thing they do at 16 Brinks Crossing is they drive up to the bridge and stop, 17 unload their stuff, and then go park, you know, 300 feet 18 away and then come back. So it -- they're going to -- 19 they're going to use -- they're going to use the river. 20 Okay. And Brinks Crossing, I think it's been there for 21 years. I don't know how many years those No Parking 22 signs have been there, but for a long, long time. 23 So it's -- it's working, you know. It's -- 24 I don't think we've had any safety issues or no one's 25 been hit by a car or accidents or anything since it's 80 1 been going on. But people still willing to walk the 2 distance and carry their coolers. 3 FEMALE VOICE: I think in that area, at 4 Wagon Wheel -- 5 COMMISSIONER MOSER: I couldn't hear you. 6 FEMALE VOICE: Oh, the speed limit at the 7 Wagon Wheel crossing -- 8 MS. FREEMAN: 55. 9 JUDGE KELLY: We don't have any authority to 10 regulate the speed limit on 1340. 11 MS. FREEMAN: I have a question. How much 12 further are we talking about? Was the suggestion at the 13 300? Was that -- what was it? I'm sorry. 14 MR. HASTINGS: That's fine. 15 MS. FREEMAN: From the bridge. 16 MR. HASTINGS: From the bridge, if you're 17 going north -- let me take a look. Northeast from the 18 bridge it would only be on the right-hand side for 300 19 feet. If you're on the bridge going southwest, it would 20 be 275 feet only on your right-hand side. 21 MS. FREEMAN: And that's really, honestly, 22 not very far. 23 MR. HASTINGS: It's not very far but -- 24 MS. FREEMAN: It's not very far. 25 MR. HASTINGS: -- these are the locations 81 1 that we recommended based on walking, at getting down 2 close, kicking the dirt, making sure -- if you want 3 somebody to park on both sides of the road here. 4 MS. FREEMAN: Right. And I -- you know, I 5 would really strongly suggest to Dana's point that we 6 move it just down a little bit further. Feet aren't 7 very far. 300, 200 feet. It's not very far. And I 8 would suggest you look -- you take another look at 9 moving it down just a tad bit further. 10 COMMISSIONER HARRIS: That's a TxDOT call. 11 MS. FREEMAN: Yes, sir. I -- you know, 12 we're talking about feet here; not yards. 13 MR. HASTINGS: I mean, I -- I think I can 14 address that simply by stating that the design 15 professionals that were involved in this, we had TxDOT 16 there, we had members of the Sheriff's Office, Kerr 17 County Engineering Department, Kerr County Road & Bridge 18 Department, and then a Commissioner. So this -- this 19 was a collaboration of professionals in this field that 20 either have an enforcement duty to this, or a design 21 duty, or a maintenance duty, so -- 22 MS. FREEMAN: Yes, sir. 23 MR. HASTINGS: But the recommendation that 24 has been put forth, that -- that's the best there is. I 25 wouldn't change it at all. I wouldn't make it longer, I 82 1 wouldn't make it shorter. Leave it the way it is. 2 MR. MORSE: And if I -- if I can speak in 3 support of the County Engineer. I was there, and they 4 carefully -- I mean, everybody was there. And they did 5 as careful a study as I think was -- was reasonable. 6 And I think we start with that and we see what happens. 7 I'm not -- I'd want more restrictions if I 8 could. But I've talked to Don and Don, you know, says 9 look, people have a right to go to the river. And I 10 understand that. On the other hand, no right is 11 absolute. There are state laws that say how many people 12 can swim in a swimming pool at one time. 13 If you look at what the City Council in New 14 Braunfels has done to regulate use of the rivers there, 15 they have gotten very involved. And I'm sure you all 16 have the authority to deal with it, but I also respect 17 the fact that -- that people have the right to use the 18 river. And so we've got to come up with a game plan 19 that -- that ensures safety for everybody. 20 And frankly, I -- I think my neighbors are 21 being very much put upon. We're not adversely affected 22 and I'll say that, but our neighbors are. And I just 23 hope you all can come up with a balance so that, you 24 know, a reasonable number of people can use Wagon Wheel 25 crossing without creating a safety hazard and 83 1 interfering with the use and enjoyment of the local 2 landowners. 3 JUDGE KELLY: Well, let me ask the County 4 Attorney. And this may be something we need to get an 5 answer to and come back at a later date. 6 MRS. STEBBINS: Okay. 7 JUDGE KELLY: We all understand they have 8 the right to use the river because it's a navigable 9 stream. Okay. I understand that. I think everybody in 10 this room understands that. Do they have the right to 11 park if it's dangerous to get in at that point? 12 MRS. STEBBINS: Well, I think that that's 13 why it's being addressed in this way, the No Parking 14 signs. 15 JUDGE KELLY: I know. And so what I'm 16 wondering is if -- if this doesn't solve the problem, 17 I'm in favor of putting No Parking down both sides of it 18 and I don't care if it goes back a thousand feet if it's 19 going to prevent people from getting killed. I'm 20 worried about the safety out there. 21 And I -- I can remember -- and -- me and my 22 stories. I apologize. Years ago, when I was a young 23 man, there were four of us that brought two canoes and 24 we used to canoe down the Guadalupe River. And we would 25 take two vehicles and we'd take the canoes, which we 84 1 would put a car from where we're going to get out and 2 then we'd spend about an hour driving back up where 3 we're going to put up and we would canoe all day. 4 We did not have the right to step out on 5 anybody's property. We did not have the right to park 6 anywhere along there. We had the right to put in the 7 river at one point and 12 miles later get out of there. 8 And that's the only right that these people have. And 9 they're taking advantage of it. And I'm not in favor of 10 it. 11 COMMISSIONER BELEW: Well, they -- 12 JUDGE KELLY: I'm in favor of what you're 13 trying -- we'll start with this. But I'm not sure this 14 is going to do it. And I'm just -- just speaking my 15 mind that something has got to be done for the safety of 16 the people. 17 COMMISSIONER BELEW: But authority to do 18 something and enforcement of it are two different 19 things. 20 JUDGE KELLY: I understand. We might have 21 to deputize West Kerr County. 22 COMMISSIONER HARRIS: Did I get a second? 23 COMMISSIONER LETZ: I seconded it. 24 JUDGE KELLY: Commissioner Harris made a 25 motion, and Commissioner Letz seconded it to adopt the 85 1 plan as at least a first measure to try to bring some 2 safety to Wagon Wheel Crossing. Any other discussion 3 about it? Those in favor raise your hand. Unanimous. 4 Step one. We're trying. 5 Okay. Another neutral issue. Let's go to 6 item 1.23 Consider, discuss and take appropriate action 7 for the Court to issue a Certificate of Compliance for 8 the Meadowbrook Retirement Community Manufactured 9 Housing Rental Community Development, Phase 1, located 10 at State Highway 27 and Hoot Owl Hollow. Charlie 11 Hastings. 12 MR. HASTINGS: Thank you, Judge. In 13 accordance with Section 1.03.C of the Manufactured Home 14 Rental Communities Regulations, the steps for approval, 15 construction and a certificate of compliance are the 16 following: 17 This is straight out of our manual. 1.03.C. 18 Construction of a proposed manufactured home rental 19 community may not begin before the date the County 20 Engineer approves the Development Plan. The County 21 Engineer or Commissioners' Court may require inspection 22 of the infrastructure during its construction and shall 23 require a final inspection. 24 The final inspection must be completed not 25 later than the second business day after the date the 86 1 County Engineer receives an affidavit from the owner of 2 the manufactured home rental community that construction 3 of the infrastructure has been completed in accordance 4 with the approved Development Plan. 5 If the County Engineer determines that the 6 infrastructure complies with the Development Plan, the 7 Commissioners' Court shall issue a Certificate of 8 Compliance not later than the fifth business day after 9 the date the final inspection is completed. 10 An affidavit of completion was received on 11 July 2nd, 2021. It is attached. County Engineer 12 recommends that the Court issue a Certificate of 13 Compliance for the Meadowbrook Retirement Community 14 Manufactured Housing Rental Community Development, 15 Phase 1, located at State Highway 27 and Hoot Owl 16 Hollow, Precinct 4. 17 I did make those inspections and it is in 18 compliance with our rules. 19 COMMISSIONER HARRIS: I'll move for 20 approval. 21 JUDGE KELLY: Well, technically we're not 22 supposed to begin discussion until I have a motion and a 23 second. Which we don't always follow that rule, but 24 that is the rule. 25 We do have some speakers. Let's make 87 1 reference -- we've got Glenna Heavin, and then next will 2 be Melanie Ellsworth and Susan Liufau. Thank you. 3 MS. LIUFAU: And Melanie is speaking for my 4 portion. 5 MS. ELLSWORTH: And Glenna gave me her 6 minutes as well. So I'm -- I think I'm the only 7 speaker. 8 COMMISSIONER MOSER: Covering all three. 9 JUDGE KELLY: Okay. Please identify 10 yourself and your address. 11 MS. ELLSWORTH: Well, my name is Melanie 12 Ellsworth. I live at 230 Dowling Road West. And that's 13 across the river from the Meadowbrook Community. And 14 I'll just pass these out real quick. 15 COMMISSIONER HARRIS: Melanie, speak up a 16 little louder. 17 MS. ELLSWORTH: Okay. Talk loud. 18 Okay. I was here almost a year ago, 19 August 3rd, and this is the third time I've been here. 20 The first time they had -- we talked about it going in. 21 The second time we decided we had a big -- 22 an inch and a half rain, and I brought a lot of pictures 23 and posters of showing what the damage had done with the 24 current plan, and Charlie went on record saying we need 25 a new plan. 88 1 So the new plan -- I don't know what the new 2 plan looked like, but I'm here to be your eyes and ears 3 on the ground and saying from the pictures from the 4 first plan to what it looks like now is we're at the 5 same place we were. 6 So I don't have the details on the new plan, 7 but I can tell you what looks like on paper and what's 8 going on out there might be two different things. 9 We had an inch and a half rain on July 4th, 10 a Sunday, and it's really kind of funny because we 11 had -- the last time I came, August 3rd, a year ago -- 12 JUDGE KELLY: Trust me, there's nothing 13 funny about this. 14 MS. ELLSWORTH: Okay. Well, an act of God, 15 whatever you want to call it, a week -- a few days 16 before the last time I appeared, we had an inch and a 17 half rain. I was able to get beaucoups of pictures to 18 show you what was going on. 19 This time, I'm appearing before you, a week 20 ago we had an inch and a half rain. What's shocking is 21 the pictures from a year ago inch and a half rain and 22 the pictures from this week inch and a half rain are 23 exactly the same. 24 In other words, I'll walk you through it and 25 explain it. And I'd like -- you know, we'd -- I'd like 89 1 to get to the bottom of what -- what was supposed to 2 change, and why didn't it change, and why are we still 3 at the same place we are. I feel like you should not 4 vote for this -- the certificate of completion or 5 compliance because it's not fixed. And the problem -- 6 so I'll just walk you through the first -- my packet. 7 The first two pages are basically this 8 was the plan needs to change. The second one -- we're 9 going to have in both cases we have at least a half foot 10 in the pond, just as a safety factor. So the numbers 11 show that the increase there is no increase in the flow 12 coming out of either pond, and there is little safety 13 factor in both ponds. So we've got these ponds that are 14 going to collect this water and there's going to be no 15 increase. Zero increase in the amount of natural flow. 16 This was the -- this picture, if you'll look 17 at it with me, this was the first plan or the first 18 part. They had some fences up. And we came to you and 19 said we've got a big flooding problem. They've got 20 these plastic fences that are trying to keep the water 21 off the land, they're not working. 22 This was the second decision to make this 23 pond with this culvert, 24-inch culvert, coming out and 24 shooting onto Glenna Heavin's property. At that -- when 25 I -- this happened, then Charlie said we need to come up 90 1 with a new plan. This is what it still looks like 2 today. We still have a 24-inch culvert from a pond 3 shooting out on Glenna Heavin's property going down to 4 the creek. 5 And I'm -- I'm sure you know the difference 6 between a bowl and a funnel. A bowl is a retention pond 7 that you would collect water in and it would evaporate 8 or get pumped out as sprinklers or you'll deal with that 9 water. A funnel is a retention pond with a -- with a 10 hole in the bottom of it, and that just is absolutely 11 crazy to me. 12 Or we talked at the -- when Charlie said the 13 plans need to change a year ago, I said put in some 14 retention ponds or something. Yes, we're going to 15 change the plan. Well, this is where I -- this is the 16 rainfall that -- I took this last week. I got it off 17 NOAA's site. I got an inch and a half of rain and I'm 18 going to show you the pictures that happened. 19 This is what happened the next six days. I 20 wasn't out there in the middle of the night taking 21 pictures then. I mean, shockingly I'm just going to 22 show you an inch and a half rain, which is nothing in 23 the Hill Country. We'll go through these pictures. 24 This is me standing on my property looking 25 down at the creek. The water is blue. We've got this 91 1 brown water coming in full of caliche, coming into the 2 creek from Meadowbrook. Okay. And you can say, yeah, 3 that was under construction. A year ago when I showed 4 these exact pictures, you said that's under 5 construction. You can't complain about that. Well, 6 we're there, right? I mean roads are in. The houses 7 aren't in. This is how much caliche is washing. 8 I have a little -- right about here, I have 9 a little pond -- a little pool area. I sit in there 10 with my grandkids. It's about this high if you sit on 11 your bottom. And it's full of sludge, caliche, and 12 dirt. And that's -- and this is now before we have 13 homes in. Guess what's in that water in a year or two. 14 We've got every pesticide, every -- you know, chemical, 15 roundup, we've got all this stuff washing into the 16 creek. 17 And I just -- I think it's a real disservice 18 to not only -- but, you know, me but everybody else down 19 river from me. This is the culvert at the end -- at the 20 bottom of the funnel that was supposed to be a retention 21 pond, but it's got this -- it was supposed to -- a year 22 ago you guys said is that right on the fence? Charlie 23 said no, it's supposed to be 15 feet away. They've 24 moved it. It was right on the fence but they moved it 25 four feet back, if that. Glenna? 92 1 MS. HEAVIN: It's less than four feet. 2 MS. ELLSWORTH: Less than four feet back. 3 If your neighbor put a funnel on their property, so to 4 speak, put in a culvert pushing onto your property from 5 their pond, it doesn't make any sense. 6 Now, I know Judge Kelly has fought this 7 privately with water coming on your property, and you 8 might tell me that it's Glenna's fault, she's got to go 9 and sue the developer because it's a private matter. 10 Before it happened to you as a County 11 Commissioner group, the rule of law in Kerr County, did 12 they vote to approve it, or did it just happen? 13 JUDGE KELLY: It just happened. 14 MS. ELLSWORTH: Okay. It just happened. So 15 you have -- you're the rule of law in Kerr County. 16 You're honest. You have integrity. You fight for the 17 people. You pray for the people. You're good men. And 18 I appreciate what you do. I know it's a hard job. I 19 wouldn't want it. And I admire you. 20 I'm just saying now is your chance to do the 21 right thing. And say you know what, this didn't get 22 fixed. I'm -- you know, I'm not here to stop the 23 Meadowbrook from going in. I'm here to say it's not 24 fair to put a culvert on someone's property, wash -- 25 wash -- is your property getting eroded. 93 1 MS. HEAVIN: Severely. 2 MS. ELLSWORTH: Severely. She has a road 3 there that's severely eroded because of this. So we'll 4 just keep going through. This wasn't -- I mean, this is 5 an inch and a half rain. I mean I'm not -- this is 6 minor. Minor. This is the part that I believe is 7 supposed to be over the septic tank. This is -- inch 8 and a half of rain sitting over a septic field. It -- 9 it's scarey to me. I don't want to sit in the river 10 after a rain if that goes in. 11 This is the retention pond that barely -- I 12 mean, a retention pond holds water and then you pump it 13 out or it evaporates. I mean, I've grown up with 14 retention ponds in Texas my whole life and the retention 15 pond holds all the rain water, it evaporates over time 16 or you -- you have a system to pump it out and irrigate. 17 And I don't care what you do with the water, 18 but you don't put a culvert in the bottom of a retention 19 pond and dump it on your neighbor. Sorry for being -- 20 this is Glenna Heavin's property. It's a lake because 21 of two spots. And what -- the natural flow of water, 22 the rain comes down on a piece of property. That's the 23 natural flow of water. I'm just going to read -- and I 24 know, Judge Kelly, you're very aware of it. Because 25 we've talked. 94 1 This is fact on retention ponds but it's -- 2 you know, this is what a retention pond is. I'm going 3 to save this one for later. Let me read the Texas -- 4 and this is the law. Section 11.086 of the Texas Water 5 Code provides that no person may divert or impound the 6 natural flow of surface water in this state or permit a 7 diversion or an impounding by him to continue in a 8 manner that damages the property of another by the 9 overflow of the water diverted or impounded. You're 10 very aware of that. I know. You've had a personal 11 issue with this. That's the law. 12 You guys are the governing law. This is off 13 the website of Kerr County. I just copied and pasted 14 what your job is as a County, you -- you're the managing 15 governing body of Kerr County. You're the rule of law. 16 And you're here to keep the law. And you know full well 17 that this is the law that's on the books, and if you 18 pass this, and permit them to purposely dump water on 19 someone else's property and break this law, you're held 20 liable for doing it. 21 I just want to go on the books that you're 22 saying -- you might be thinking, we'll that -- she's got 23 a lawsuit on her hands. Well, you -- if you vote to 24 approve it, you're right there in on it. Because I 25 found this document -- actually my mom found it. She -- 95 1 I said help me, I need some research. This is the 2 constitutional basis of County government. It was a 3 long -- I only printed the first two pages. But I'll 4 tell you, the second -- the second paragraph I 5 highlighted. Federal courts have held that counties 6 have quasi independent policy making authority, 7 therefore, counties may be sued if they're policy 8 violates Federal civil rights laws. 9 You may be sued as a County if you break the 10 law, knowingly break the law to approve something that 11 is breaking the law. That's my last point. 12 This is -- this is Mr. Mundahl a year ago. 13 So this happened a year ago, I took all these pictures. 14 We called TECQ and said we have all this caliche washing 15 in the river, what do we do? Filed a report. 16 Come to find out, Mr. Mundahl, the 17 developer, had not filed a permit with TECQ to runoff -- 18 to discharge into the river because he's got a 19 construction site. Well, what he did is he said, oh 20 sorry, let me file the permit. Filed the permit, put it 21 up. I called TCEQ and said, well, what -- you know, 22 what recourse do you have? Can anybody just go and, 23 oops, sorry, I dumped a bunch of stuff in the creek, I 24 forgot to file a permit. So there was really no 25 recourse. But TCEQ reached out to Mundahl and said 96 1 we -- I'll read it, it's in this report. 2 Mr. Mundahl was advised to contact 3 downstream landowners for the purpose of removing 4 sediment, active accumulations caused by the 5 unauthorized discharged. 6 In his August 12th -- 13th, 2020 e-mail 7 responses, Mr. Mundahl stated that he had mailed the 8 downstream landowner a certified letter. I am 9 representing Jonathan Creek Collective. There's many, 10 many of us. We've donated a lot of money to try to keep 11 this creek beautiful. It's our -- we -- we have put a 12 lot of effort. Not one of us got a certified letter. 13 So I'd like to -- I know you guys don't have 14 anything to do with Mr. Mundahl, but I'm just -- I'm 15 putting that before the Court to go on record to say 16 this is who we're working with. We want to do things on 17 the up and up. We want to be transparent. We want to 18 do -- the right thing to do is the right thing to do. 19 So I am asking you to not unanimously vote 20 and approve this compliance grant that they have 21 completed everything that they're supposed to do because 22 they haven't. It still -- it's still a problem. I 23 mean, I wasn't privy on the new plan. 24 Last thing I'm going to give you an 25 invitation. I didn't put it on there, but I will 97 1 provide food and drinks, if you want to show up. I'm 2 inviting you to come out to my place. 3 JUDGE KELLY: We've been talking about 4 inebriated people on the river. 5 MS. ELLSWORTH: No, I actually don't 6 actually drink alcohol so it will all be non-alcoholic 7 drinks. 8 JUDGE KELLY: Commissioner Moser wants to 9 know is there parking? 10 MS. ELLSWORTH: There is lots of parking. I 11 have an acre of parking at my place. So lots of 12 parking. Come out and see it for yourself. 13 Do not vote to comply. And I'm a little 14 nervous with Charlie reading what he read. Because it 15 said he -- he has two days to approve this, and if it's 16 the law that he has to approve it without any of your 17 vote, then I'm here for no reason. 18 I don't -- I think you have the power to say 19 hey, let's get it right. Let's not put a funnel on 20 someone's property and dump -- you know, that's just -- 21 I hope -- did I say everything you needed me to say, 22 Glenna? 23 MS. HEAVIN: Oh, am I allowed to speak? I 24 only have one -- 25 JUDGE KELLY: Of course. 98 1 MS. HEAVIN: -- one statement. With all due 2 respect to Mr. Hastings and your department, you've 3 developed plans and to what it looks like on paper. On 4 paper it looks like they've met the requirements. The 5 reality does not match what was supposed to happen. And 6 I think this could be a conflict. 7 What is happening does not match the output 8 that was projected. The means by which it was to 9 disburse. The -- the changes that were to occur have 10 not occurred. And I know that in reviewing some of the 11 minutes from our previous hearings and so forth, that 12 there have been so many errors made in reports, and for 13 example, we're talking about that culvert. 14 In the minutes it was reported to you that 15 it was 15 feet away from the fence. And it's less than 16 four. I don't know if an independent outside 17 engineering audit could -- and I'm not -- I'm not saying 18 that on paper that the Development Plan is correct and 19 meets the requirements. What I'm saying is the 20 actuality of what was supposed to happen is not. That's 21 all. 22 COMMISSIONER BELEW: So really what you're 23 saying is somebody falsified documents. 24 MS. HEAVIN: I'm saying that it was not 25 accurate. 99 1 COMMISSIONER HARRIS: And I've got an e-mail 2 here this morning from one of your neighbors that asked 3 me to read this so -- and I think this kind of goes with 4 what you're saying. And it's from Glen Gilley. 5 COMMISSIONER HARRIS: Good morning, 6 Commissioners. At the November 9, 2020 Commissioners' 7 meeting, Commissioner Moser asked the project engineer, 8 John Hewitt, what's the distance between the outlet and 9 the fence. John Hewitt responded 15 feet. I'd have to 10 go check and see. 11 A few minutes later, Commissioner Belew 12 asked, are you saying in this picture, John, there's 15 13 feet between the fence and from the back here to the 14 culvert? John Hewitt shakes his head yes, and 15 Commissioner Belew says, doesn't look like it. 16 Obviously, he never went to check and see 17 because the outlet is four feet from the fence. How 18 many other measurements have not been checked? Are all 19 the project measurements off by a factor of three to 20 four feet, or three to four times like the culvert 21 measurement? How can the measurement be trusted in this 22 project? 23 For its own well-being, the Commissioners' 24 Court needs to table this agenda item until an outside 25 engineer can audit the project entirely. Now that's 100 1 from Glen Gilley, a neighbor out there. 2 Let me say something about this. And you 3 know, this is one of the frustrating things for me. I 4 don't like it. I think we've -- most of us have been on 5 hunting leases, had land where we hunt or something and 6 we drive along and somebody puts a deer blind right on 7 the fence line overlooking part of your country. Well, 8 to me that's what that culvert looks like. Three or 9 four feet from somebody's fence like -- and I've been 10 out there with Charlie two or three times and each time, 11 Charlie, you've probably heard me say that's like 12 they're looking down a shotgun barrel with that right 13 next to their fence. 14 To me, it's the same type thing. That's not 15 a very good impression, first impression of your new 16 neighbor to put that deer blind right on your fence line 17 overlooking your place or this. 18 MS. ELLSWORTH: It doesn't matter what it 19 looks like; it matters what it's doing. 20 COMMISSIONER HARRIS: Yes. Well, I 21 understand. I -- I know. 22 MS. ELLSWORTH: A deer blind doesn't put out 23 water on your property. But that's -- that's the -- I 24 don't -- I think Glenna is over what it looks like. 25 We're all over what it looks like. We're just saying 101 1 the results. Yeah. We got -- I mean you don't put -- 2 on paper it's saying this is a safety issue, we're 3 retaining all this water and it's really just a safety 4 issue. But you get an inch of rain and it's funneling 5 it off all that land and shooting it out a pipe. It -- 6 it doesn't -- we don't care what the pipe looks like, we 7 care what's coming out of the pipe. 8 COMMISSIONER MOSER: Well, let me ask 9 Charlie to clarify a question. The last time we met on 10 this subject, there had to be redesign by the engineer. 11 Correct? 12 MR. HASTINGS: Yes, sir. 13 COMMISSIONER MOSER: Okay. So the redesign 14 was implemented, okay, as I understand. But the fact is 15 based on the photographs you've presented today, an inch 16 and a half rainfall the resign didn't fix the job. Now 17 my question is relative to the State law that's 18 presented here. Did it fix the -- did it correct the 19 problem in accordance with the State law? Well, if it 20 didn't -- so the redesign didn't work. 21 MS. ELLSWORTH: Right. 22 COMMISSIONER MOSER: Just trying to get out 23 of the gun and the barrel and the funnel and all that 24 kind of stuff. 25 MS. ELLSWORTH: Yes. Yeah. 102 1 COMMISSIONER MOSER: The fact is, it had to 2 be redesigned. It was redesigned, but the redesign 3 didn't work -- 4 MS. ELLSWORTH: Exactly. 5 COMMISSIONER MOSER: -- in accordance with 6 state law. 7 MS. ELLSWORTH: Yeah. 8 COMMISSIONER MOSER: Is that -- is that 9 correct? 10 MR. HASTINGS: I'm not sure what the 11 question is. 12 COMMISSIONER MOSER: The question is -- the 13 question is however long ago we met, okay, redesign had 14 to happen. John Hewitt was going to redesign the 15 project. 16 MR. HASTINGS: And he did. 17 COMMISSIONER MOSER: And he did. Okay. The 18 fact is, it rained an inch and a half the other day and 19 the water came from -- onto private property. Is that 20 in compliance with the state law? 21 MR. HASTINGS: So the water coming onto 22 their property, it's the flow rate that the engineer has 23 worked -- 24 COMMISSIONER MOSER: Okay. The law doesn't 25 say anything about flow rate. It doesn't say rate. 103 1 Because I read it -- 2 MR. HASTINGS: It states rate of flow. 3 COMMISSIONER BELEW: Not -- not right there, 4 but there are rules about -- 5 COMMISSIONER MOSER: No, no, no. I want to 6 read the State law. If you want to read something 7 else we'll come back and -- it doesn't say anything 8 about -- 9 MR. HASTINGS: I think we have -- 10 COMMISSIONER MOSER: -- it doesn't say 11 anything about flow rates. This thing I'm reading right 12 here. Never says flow rate in here at all. And I 13 understand the flow rate. I are an engineer but -- and 14 it can be very devastating, okay, a flow rate. But it 15 doesn't say anything about the flow rate. 16 The version or impounding, blah, blah, in 17 the manner that damages -- now that could be interpreted 18 as flow rate. If it damages somebody else's property 19 downstream. 20 MS. ELLSWORTH: It is. 21 COMMISSIONER MOSER: Yeah, if you come up 22 with a real high velocity, that could be -- that could 23 be damaging. So maybe it's not in compliance with the 24 law in what's being done. I mean it's damaging, right? 25 MS. ELLSWORTH: It is damaging. And an inch 104 1 and a half is damaging. 2 COMMISSIONER MOSER: Well, I'm saying it's 3 damaging property downstream because the alleged funnel 4 and the flow rate -- 5 MS. ELLSWORTH: Yeah. 6 COMMISSIONER MOSER: -- coming through there 7 is like a, you know, a high velocity jet. You can take 8 a water hose and damage something. 9 MS. ELLSWORTH: It's -- it's not even high 10 velocity. That's the thing. It's trickling this much 11 and it -- it -- 12 COMMISSIONER MOSER: I know, but it's the 13 flow rate. That's what we're talking about. You're 14 talking about the funneling and high velocity coming 15 down and damaging. Okay. 16 MS. ELLSWORTH: Yes. 17 COMMISSIONER MOSER: It sounds like the 18 design didn't fix it. 19 MS. ELLSWORTH: Right. 20 COMMISSIONER MOSER: The bottom line is, it 21 sounds like the design didn't fix it - 22 MS. ELLSWORTH: Exactly. 23 COMMISSIONER MOSER: -- to me. 24 COMMISSIONER BELEW: Well, this is sounding 25 like a question for jurisdiction in my mind. There's a 105 1 state -- a violation of state law supersedes that we 2 have our part in it or not. 3 MS. ELLSWORTH: Well, you're supposed to 4 keep the law. 5 COMMISSIONER BELEW: We don't -- we don't 6 enforce every law in the State of Texas, so -- 7 MS. ELLSWORTH: So you can break them? You 8 can't -- you can't vote to break it though. 9 COMMISSIONER MOSER: Well, we issue a 10 certificate of compliance according to the -- at the 11 request -- issue a certificate of compliance as to the 12 agenda item, right? 13 COMMISSIONER BELEW: Yeah. And my point is, 14 if somebody violates something after the fact or during 15 or whatever, what is our responsibility and can we 16 enforce it? Can we issue a cease and desist, let the 17 Sheriff come out? So it's a question of jurisdiction 18 who says what about it. 19 JUDGE KELLY: It -- it's -- 20 COMMISSIONER BELEW: How does it get 21 stopped? 22 COMMISSIONER MOSER: It's -- 23 MS. ELLSWORTH: You can be sued. 24 COMMISSIONER MOSER: -- approving a 25 certificate of compliance. That's -- that's anything -- 106 1 COMMISSIONER BELEW: Right. 2 COMMISSIONER MOSER: -- on this paper. 3 MS. ELLSWORTH: If you -- if you didn't know 4 about it, if I didn't show up today and say hey, there's 5 a problem, I can see that maybe you wouldn't be liable. 6 Maybe you wouldn't be sued as a County. 7 JUDGE KELLY: We're not. 8 MS. ELLSWORTH: I'm going on the record 9 saying you -- you know about this. You know about this 10 and -- I mean, even if you're not liable, honesty and 11 integrity plays a part here. 12 JUDGE KELLY: Let's cut to the chase on 13 this. Okay. It's a bad situation out there. We all 14 know that. Charlie, if you would come back to the 15 podium. Let's just have a conversation, you and me. 16 In order to get the plan approved and put in 17 that subdivision out there, the engineers are going to 18 have to come up with a hydrological study. Is that 19 correct? 20 MR. HASTINGS: Yes, sir. 21 JUDGE KELLY: And that hydrological study 22 has to meet state law, correct? 23 MR. HASTINGS: Yes, sir. 24 JUDGE KELLY: And that means that you can't 25 divert or impound water on your neighbor, right? That's 107 1 what the water code says. 2 MS. ELLSWORTH: Right. 3 JUDGE KELLY: She read it correctly. That's 4 what it says. It's either the diversion or impoundment 5 of water. 6 MR. HASTINGS: Correct. 7 COMMISSIONER BELEW: You -- you have to slow 8 the flow, so that involves some kind of impoundment. 9 JUDGE KELLY: Just a second. I'm going to 10 get through it. 11 COMMISSIONER BELEW: Okay. All right. 12 JUDGE KELLY: One of the components in 13 preparing a hydrological study is the volume of water 14 that you would normally receive without these 15 improvements, right? 16 MR. HASTINGS: Yes, sir. 17 JUDGE KELLY: And so you establish that 18 volume of water and that become the total amount of 19 water that the developer can discharge onto neighbors 20 because that's all they did before, that's all they can 21 do now, right? 22 MR. HASTINGS: Yes, sir. 23 JUDGE KELLY: The second component is 24 velocity. And when you put down an impervious cover it 25 speeds water up, right? 108 1 MR. HASTINGS: Correct. 2 JUDGE KELLY: And fast water tends to be 3 more damaging than slow water? 4 MR. HASTINGS: Yes, sir. 5 JUDGE KELLY: And so you have to address 6 both the volume and the velocity to your neighbor. 7 MR. HASTINGS: Yes, sir. 8 JUDGE KELLY: And that velocity, if you 9 accelerate it by the impervious cover and by channeling 10 into limited discharge points off the property, which is 11 what has happened here, right? 12 MR. HASTINGS: Yes. 13 JUDGE KELLY: Okay. That can cause the 14 velocity to substantially increase. And so if I 15 understand the law correctly, it's not the neighbors 16 responsibility to slow that water down, it's the 17 developing parties responsibility to slow that water 18 down. Am I right, Ms. County Attorney? 19 MRS. STEBBINS: I think that you're right, 20 yes. 21 JUDGE KELLY: So where we're coming from is, 22 when y'all came in here last time I wanted to know does 23 the hydrological study meet State Law? Ask an engineer, 24 come up with a plan to deal with this water. And you 25 met with him, is that correct? 109 1 MR. HASTINGS: I have. 2 JUDGE KELLY: Are you satisfied that his 3 plan he came up with meets State Law? 4 MR. HASTINGS: I believe it meets State Law. 5 JUDGE KELLY: Okay. With regard to the plan 6 that he gave you, did he install the plan according to 7 what it was supposed to do? 8 MR. HASTINGS: Yes. 9 JUDGE KELLY: Okay. Now we -- we're looking 10 at photographs that show consequences here that I 11 wouldn't expect to see if we had a state compliant plan 12 with regard to volume and velocity. Can we explain why 13 that's the case? 14 MR. HASTINGS: I cannot. 15 JUDGE KELLY: So all you're -- you're 16 telling us is that the construction is in compliance 17 with the plan, the plans are in compliance with the 18 State law, and that's the engineering determination? 19 MR. HASTINGS: Yes, sir. 20 JUDGE KELLY: That's what we're stuck with. 21 As a Court, we now have a private engineer telling us, 22 we have our County Engineer telling us the builder is in 23 compliance. I'm looking at these photographs and I'm 24 not sure I believe them. 25 MS. ELLSWORTH: Right. So what do you do? 110 1 COMMISSIONER MOSER: I -- I look at data. 2 The photographs are data. The engineering is 3 calculations. 4 MS. ELLSWORTH: Right. It's on paper. 5 COMMISSIONER MOSER: So in God we trust and 6 everything is on paper. 7 MS. ELLSWORTH: Yeah. So can you put a stop 8 on it until we get it fixed? I mean can you say hey, 9 let's -- let's revisit it? Yeah, it looks -- it looks 10 right on paper but the last time I was here, you -- one 11 of your -- somebody in here said, listen, we 12 appreciate -- you guys are our eyes and ears on the 13 ground. You're busy. You have a lot of meetings. 14 You're not running for reelection. 15 You're -- I mean, you guys have a lot to do 16 and I don't expect you to come out to dinner at my 17 place. That's a lot to do. I'm telling you I'm there. 18 I've taken the pictures one time. This happens a lot. 19 A lot. A lot. Trust your constituents. And, you know, 20 when the taxpayer calls, you talk to the taxpayer. I'm 21 the taxpayer. Listen to me. This is what it really 22 looks like. 23 And I appreciate you saying there is an 24 issue because these pictures show. Now what are you 25 going to do with it? It's on you to say okay, let's -- 111 1 it all looks good on paper and we could legally maybe 2 stamp approval and say hey, our hands are tied. It's on 3 paper. 4 JUDGE KELLY: Let me -- 5 MS. ELLSWORTH: But if you listen to us -- 6 JUDGE KELLY: -- let me -- 7 MS. ELLSWORTH: -- what's really going on -- 8 JUDGE KELLY: -- stop you right there. 9 Charlie's got his hand up and I -- and I know the 10 Commissioner to my left who wrote the subdivision rules 11 is about to stop this. If they have a compliant plan, 12 if -- if the Development Plan complies with State Law 13 and our subdivision rules, I think they're going to tell 14 me we don't have any choice but to accept it. 15 COMMISSIONER LETZ: Well, let me ask -- 16 sort of. 17 MS. ELLSWORTH: That's bad. 18 COMMISSIONER LETZ: I have a question on one 19 of the things -- you know, I'm looking at the pictures 20 and I'm -- I don't recall exactly what's in the 21 subdivision plans on this point. But I don't see any 22 revegetation. And revegetation would at least help this 23 problem. Is there any requirement for revegetation in 24 our subdivision rules? I know along roads we require 25 it. 112 1 MR. HASTINGS: Along the roads. And there's 2 a great deal of pads that they built out there that -- 3 where home sites are going to go. Those don't have 4 vegetation on them. But they're contributing right now. 5 And when a rooftop get put in there, that will 6 contribute the same. But maybe not washed caliche. 7 COMMISSIONER LETZ: But I mean it seems to 8 me that -- I guess it's not, you know, a number of 9 facts. But it is a data point that, you know, having 10 vegetation there would have helped solve this problem 11 and why can't that be part of the engineering study? 12 I mean, we require it along roads for the 13 exact same reason that there -- the issue seems to be as 14 bad as it is right here, and I haven't been out there -- 15 well actually, I went out there a year ago. I drove by. 16 But -- and I couldn't see much from the road. But is 17 there any requirement for -- to, you know, revegetate 18 areas of construction to help minimize the siltation -- 19 MR. HASTINGS: Within the right-of-way. 20 Yes, sir. 21 COMMISSIONER LETZ: But I'm talking about 22 trying to keep the -- 23 MR. HASTINGS: When they -- 24 COMMISSIONER LETZ: -- in a drainage -- 25 MR. HASTINGS: -- they calculated the size 113 1 of those ponds, taking into account that there will be a 2 home there on those pad sites that right now don't have 3 vegetation on them. They will have a home on it. And 4 the homes are going to have rooftops and the rooftops 5 are impervious cover more so than the pad that right now 6 is caliche or base or whatever it is they use for their 7 pad sites. 8 But there's -- there's a lot of grass out 9 there that wasn't there a year ago and it's because 10 we've had such a wet year. 11 What I would recommend to the Court at this 12 point, when I wrote this agenda bill you have to realize 13 that that was almost two weeks ago. I didn't know this 14 information was going to come forth today. I was not 15 aware. We have been able to go out there after storms 16 and try to see what happens, where does the drainage go. 17 But with the information we have today, I believe that 18 it would be our duty to go back to the developer and his 19 engineer with this information and say hey, I know 20 you're close, I know you feel like you're close, I know 21 your plans show that you followed the plan. They're 22 still having an issue. Can you look at it one last 23 time, please. 24 MS. ELLSWORTH: Thank you, Charlie. 25 MR. HASTINGS: I -- I just -- I think that 114 1 would be the thing to do moving today forward. 2 COMMISSIONER MOSER: Charlie, I think the 3 engineer needs to look at what it was before the 4 retention pond and the culvert, okay, the drainpipe -- 5 MR. HASTINGS: Yes, sir. 6 COMMISSIONER MOSER: -- and compare the two, 7 okay. 8 MR. HASTINGS: I thought they did that. 9 COMMISSIONER MOSER: If what it was before 10 was not sufficient, and what it is today based on the 11 data is not sufficient, so what's the correct design? 12 MR. HASTINGS: I think that the biggest 13 challenge that the engineers had on this, if you look at 14 the data and if you talk to the people that have lived 15 out there and the folks that have used that property as 16 a hay field for years. It was a hay field, and it's not 17 anymore. And in order for it to not be a hay field, the 18 topography had a change to accommodate roads. And 19 because of the roads, you had to have drainage. And 20 there's significantly more impervious cover than there's 21 ever been. 22 COMMISSIONER MOSER: But here's -- that's 23 detail. What I'm saying is a neighbor on the other side 24 of the fence, they don't care if it's a hay field or 25 development. All they want to do is to not have their 115 1 property adversely affected. Simple. I don't care 2 about roads and rooftops and all that kind of stuff. 3 It's just you can't -- according to the law, you cannot 4 in any manner damage the property of those downstream. 5 And it's doing it. And so it's different, you know, so 6 what's the -- what's the engineering fixing this? 7 Because apparently it didn't work. 8 MR. HASTINGS: I think we have the ability 9 right now, because we're right on the cusp, and they've 10 brought this information and they're saying we're still 11 being damaged. 12 COMMISSIONER MOSER: Right. 13 MR. HASTINGS: I think we get to go back to 14 the developer. I think it's reasonable for us to say -- 15 COMMISSIONER MOSER: Okay. Good deal. 16 MR. HASTINGS: -- your neighbors are still 17 being damaged and the intent of the law is that they 18 wouldn't be. 19 COMMISSIONER MOSER: Correct. 20 COMMISSIONER BELEW: There's rules about 21 vegetation. 22 MS. HEAVIN: I'd like -- I mean, may I ask 23 you a question? 24 MR. HASTINGS: Yes, ma'am. 25 MS. HEAVIN: Okay. When you said that the 116 1 Development Plan was in compliance with State Law -- 2 MR. HASTINGS: Yes. 3 MS. HEAVIN: -- I share approximately 3200 4 feet of fence line. And when it was a hay field, 3200 5 feet of fence line had slight seepage that came over and 6 I never saw any water as a result on my property. 7 To go from that situation to what you're 8 seeing in front of you today, and I understand they had 9 to change the topography and the flow of the water, but 10 to target it to these two -- to drain everything to the 11 one -- the retention pond with the culvert, and the 12 other is also shown there where they've drained 13 everything to the low point on my property and created 14 these two rivers now. So now what used to drain over 15 3200 feet, linear feet of fence line, now comes through 16 these two points. 17 It's not -- I'm not saying the volume is any 18 greater, I'm saying that the way it's been diverted has 19 caused the velocity to create a dramatic impact in 20 change. And that's why I don't understand how you 21 can -- how their Development Plan meets and complies 22 with this Texas Water Code. That's my question. 23 JUDGE KELLY: And Ms. Heavin, to follow up 24 on that, and I'm talking to my County Engineer -- 25 MS. HEAVIN: Okay. 117 1 JUDGE KELLY: -- who is doing his dead level 2 best to try to get this right, trust me, and you have to 3 rely on what the other experts are giving us. And 4 there's a lot of technical information here. But if -- 5 when you talk about the difference between volume and 6 velocity, if you just view that property out there that 7 the developer has as a -- a round bowl, in the average 8 rainstorm it's going to collect so much rain and you can 9 quantify that. Civil engineers do this. 10 The problem isn't the civil engineer. He 11 can do this. I just know they can do it. And that 12 determines the volume. And it seems like to me that 13 this plan probably addresses the volume. And I'm taking 14 from your review of it, you're comfortable that it 15 addresses the volume. 16 MS. HEAVIN: Yes. 17 JUDGE KELLY: It is not increasing the 18 volume going onto your property? 19 MS. HEAVIN: Yes. 20 JUDGE KELLY: But what used to come across 21 as 3200 square feet in a sheet, slow flowing sheet of 22 water, has now been channeled through the retention 23 ponds and the drainage pipes into these concentrated 24 areas were the velocity of that water has substantially 25 increased. 118 1 MS. HEAVIN: Uh-huh. 2 JUDGE KELLY: That's pretty clear. Normally 3 I would -- and again, not being a civil engineer, I 4 would have expected there to be some sort of diffused -- 5 diffusion, obstacles out there to stop that water and 6 slow it down and spread it back out, it goes over a wide 7 area, so that the water once again goes back to a nice 8 gentle sheeting flow. 9 And four feet from somebody's property line 10 with a shotgun barrel pointed at you is almost certain 11 suicide in anybody's book. And we need to sit down and 12 talk to the engineer and figure out what's the problem 13 and how to fix it. 14 MS. HEAVIN: Thank you. Thank you. 15 COMMISSIONER BELEW: That -- that brings us 16 to the four foot thing. You see this picture, Charlie? 17 And I know you've been out there, but you saw this 18 picture? 19 MR. HASTINGS: Yes. 20 COMMISSIONER BELEW: So what my question is, 21 from the fence line to where the rock starts, is that 22 where we're measuring this or above where the rocks are? 23 How do they measure that according to the engineer? 24 MR. HASTINGS: I -- I'm not sure how y'all 25 are -- are you just going to the edge of -- 119 1 COMMISSIONER BELEW: No, no, no. I'm asking 2 you how should it be measured. To the rocks or beyond 3 that from the fence line, do you know? 4 MR. HASTINGS: That's a difficult question 5 to answer. Because if you're -- 6 JUDGE KELLY: It doesn't matter how -- 7 COMMISSIONER BELEW: I understand -- 8 JUDGE KELLY: -- far that distance is. 9 COMMISSIONER BELEW: Wait. Hold on a 10 minute. I understand that I don't want to become the 11 end of the funnel and have everybody's sewage come onto 12 my property. That part I get. But if you have simple 13 things like this that we were told was fixed and was 14 not, if it's still -- if the measurement from the fence 15 to here is wrong versus if you're measuring from here up 16 to the top of the grade, that's a different matter 17 altogether. 18 What I'm getting at is were we told the 19 truth or not and how do you measure that? Is it 20 measured from the fence back four feet to the rock or is 21 it beyond that? So if we don't even know that, how do 22 we know the rest of it is true? 23 MR. HASTINGS: And -- and I wasn't involved 24 in the discussion about the 15 feet and the four feet. 25 I will reiterate what the Judge has said. I think it's 120 1 irrelevant. I think the issue is -- 2 COMMISSIONER BELEW: I don't think it's 3 irrelevant. What's coming up here is important. 4 It's -- 5 MR. HASTINGS: I think it's irrelevant 6 because they're getting damaged. If there was no damage 7 it wouldn't matter how close or far away it was. 8 JUDGE KELLY: If they put boulders -- if 9 they put those cut limestone blocks out there, to slow 10 that water down and to spread it back out and by the 11 time it hits your fence line it's back the way it was, 12 there wouldn't be any damage. But there's damage. 13 MS. ELLSWORTH: It -- a boulder is not going 14 to -- taking a bowl of water and sticking it through a 15 funnel -- I mean, my -- my thought, I mean, and this 16 could be wrong, plug the hole. Plug the 24-inch hole. 17 Put some pumps on there and pump the water out onto your 18 land or spread it around differently or -- 19 COMMISSIONER MOSER: May I make a 20 suggestion? Let's not engineer here. It's got to get 21 reengineered right. Yeah. 22 MS. ELLSWORTH: But I mean it -- a funnel is 23 a funnel. 24 COMMISSIONER MOSER: Yeah, whether it's four 25 feet or 14 feet or 15 feet or, or a pump, it's got to be 121 1 reengineered. 2 COMMISSIONER BELEW: Well, that's part of 3 what the rules are. How far it's supposed to be -- 4 COMMISSIONER MOSER: That's not a rule. 5 JUDGE KELLY: That's not a rule. 6 COMMISSIONER MOSER: That's not a rule. 7 It's a plan. 8 COMMISSIONER BELEW: We were -- you're 9 right. And we were told one thing. And if we -- it's 10 been stated several times that we were told, and these 11 homeowners were told one thing and something else 12 happened. 13 JUDGE KELLY: I agree with that. 14 COMMISSIONER BELEW: If that happened in the 15 courtroom here, I'd like to know that. 16 JUDGE KELLY: Sure. 17 COMMISSIONER BELEW: I'd like to know 18 somebody stood here and lied to me about something. 19 JUDGE KELLY: But where Charlie and I are 20 coming from, and I think he and I are on the same page, 21 you measure the volume of water. You get no more volume 22 of water than you got before as you get after. 23 COMMISSIONER BELEW: Right. 24 JUDGE KELLY: You measure the velocity that 25 the water hits you and whether or not it causes damage. 122 1 If the velocity increases and it doesn't cause you 2 damage, then you don't have anything to complain about. 3 But if it causes damage, that -- that's the issue. And 4 here, if it's causing damage then you have to diffuse 5 it. 6 And a lot of times it goes into these 7 concrete aprons and they'll have blocks built into the 8 concrete to slow that water and spread it back down so 9 that it hits it at a much wider point of contact. 10 MS. ELLSWORTH: Yeah. That's -- 11 JUDGE KELLY: And so whichever way, John 12 Hewitt is a good engineer and Mundahl seems to have 13 wanted to work with us in good faith at this point. I 14 want to go back and have them come back and be able to 15 come to this courtroom and explain to us how this meets 16 State Law with regard to volume and velocity. 17 MS. ELLSWORTH: Perfect. That's the only 18 reason we came. 19 COMMISSIONER HARRIS: And that pecan 20 orchard, I mean, you can see it's taken its toll. 21 MS. ELLSWORTH: Oh, it's going to be the -- 22 COMMISSIONER HARRIS: You know, that's not 23 natural. That's -- it's not. 24 MS. ELLSWORTH: Well, it will take that out 25 eventually, but I mean just her road alone has got a -- 123 1 she can't drive -- I mean it's going to get to where she 2 can't drive on the road on her property. 3 JUDGE KELLY: Is there any action to be 4 taken on this item? We've discussed it enough today. 5 MS. ELLSWORTH: Appreciate it. Thanks for 6 all you do. 7 JUDGE KELLY: Okay. So we'll pass on this 8 and revisit it at a later date and make sure that you're 9 notified. 10 MS. ELLSWORTH: Thank you. 11 MS. HEAVIN: Thank you. 12 JUDGE KELLY: Let's take a five minute break 13 and see where we're going from here. 14 (Recess.) 15 JUDGE KELLY: Okay. Court will come back to 16 order. Okay. We've still got our 10:00 items. 1.24 17 consider, discuss and take appropriate action for the 18 Court to waive platting oversight and approval to the 19 City of Kerrville for a revision of plat for Kerrville 20 Hills Ranch Estates, Number 1, Lot 27. Charlie 21 Hastings. 22 MR. HASTINGS: Thank you, Judge. After 23 going through the process on this of bringing it to you, 24 I am going to recommend that you deny waiving platting 25 oversight. And let me give you some background. 124 1 This proposal divides Lot 27, it's a little 2 over five acres by the existing plat, into two lots, Lot 3 27A and 27B. They each will be 2.55 acres with frontage 4 on Loma Vuelta. 5 Lot 27 is adjacent to the City of Kerrville. 6 Since it's in the Kerrville ETJ, it would be typically 7 platted through both the City of Kerrville and Kerr 8 County simultaneously. This request is for the Court to 9 waive platting oversight and approval to the City of 10 Kerrville. Although platting oversight would be waived, 11 signature blocks for both Kerr County floodplain 12 administrator and OSSF designated representative would 13 be required. 14 However, we've noticed something this 15 morning. I apologize, I didn't notice this before it 16 went on the agenda. It still would -- I still would ask 17 for you to not waive the platting oversight. There is a 18 right-of-way that needs to be acquired. And since it's 19 going to be dedicated to the County, it needs to come 20 back to the County. 21 We did one of these just a couple weeks ago. 22 Same thing. We didn't waive our platting oversight. So 23 with that being said, I recommend that the Court either 24 take no action or -- or deny this waiver request. 25 COMMISSIONER MOSER: Just take no action. 125 1 Is that all right? 2 MR. HASTINGS: Yes, sir. 3 COMMISSIONER MOSER: Okay. Good. 4 COMMISSIONER LETZ: Charlie, a question on 5 these. Like on this one. I agree with that 6 recommendation, but if they don't -- if they have to 7 still plat it through the County, I think we should -- 8 are we going to charge them fees like we normally do for 9 a subdivision to go through, from environmental health 10 and number of lots and all that? 11 MS. DOWDY: I would think so. 12 COMMISSIONER LETZ: And if we are, I think 13 that's wrong. So I would, you know -- 14 COMMISSIONER BELEW: How so? Were you a -- 15 COMMISSIONER LETZ: Well, I don't think we 16 should -- because of the situation that it's going to 17 need to do both entities, the developer's going to have 18 to pay fees to both the City and the County. And it's a 19 City and a County trying to work out rules, issues. 20 It's not the developer's fault and I think -- I don't -- 21 I doubt the City will waive their fees but we can waive 22 our fees, and I would like to have that come back so 23 that we can waive the fees to the developer. 24 That and then -- the reason I would bring 25 that back and that would be another agenda item. But 126 1 that's a -- and I didn't think about it on the one we 2 did a couple weeks ago. 3 COMMISSIONER MOSER: Okay. Good. 4 JUDGE KELLY: Okay. Then we'll pass on that 5 and go to item 1.25 consider, discuss and take 6 appropriate action for the Court to set a public hearing 7 for 10 a.m. on August the 23rd, 2021, for a revision of 8 plat for Cypress Springs Estates, Phase 2, Section 1, 9 Lots 57 and 58. Charlie Hastings. 10 MR. HASTINGS: This proposal combines Lot 11 57, one acre, and Lot 58, 1.44 acres, into Lot 57A, 2.44 12 acres. Access to the proposed lot will be from Morning 13 Mist Point. 14 The County Engineer requests the Court set a 15 public hearing for 10 a.m. on August 23rd, 2021 for a 16 revision of plat for Cypress Springs Estates, Phase, 17 Section 1, Lots 57 and 58, Volume 7, Pages 172 through 18 173. Precinct 4. 19 COMMISSIONER HARRIS: I move for approval. 20 COMMISSIONER MOSER: Second. 21 JUDGE KELLY: Motion's been made by 22 Commissioner Harris, seconded by Commissioner Moser to 23 set a public hearing for August the 23rd at 10 a.m. for 24 Cypress Springs Estates, Phase 2, Section 1, Lots 57 and 25 58. Any discussion? Those in favor raise your hand. 127 1 Unanimous, five zero. 2 Item 1.26 public hearing regarding the 3 placement of signs reading, "Kerr County Property, 4 Authorized Personnel Only," for portions of Sheppard 5 Rees Road in Precinct 1. 6 I will convene the public hearing. Is there 7 anybody here to speak on behalf -- 8 SHERIFF LEITHA: Empty hallway. 9 JUDGE KELLY: No one's out there? 10 SHERIFF LEITHA: No, sir. 11 JUDGE KELLY: So we will adjourn the public 12 hearing and move on to Item 1.27 consider, discuss and 13 take appropriate action for the Commissioners' Court 14 approval of the Interlocal Agreement with the Divide 15 School for the parking lot sealcoat at the Divide School 16 located at 121 Divide School Road N.W., Mountain Home, 17 Texas. Kelly Hoffer. 18 MS. HOFFER: We came to the Commissioners' 19 Court for approval for the Road & Bridge Department to 20 sealcoat the parking lot at the Divide School, and the 21 Commissioners' Court approved this project on June 28th, 22 2021. I had forgotten that we needed to do an 23 Interlocal Agreement with the Divide School. 24 Our County Attorney was very quick to turn 25 this agreement for the Divide School board's approval. 128 1 So before you -- it's a signed agreement with the Divide 2 School. 3 At this time I ask the Commissioners' Court 4 for their approval of the Interlocal Agreement with the 5 Divide School, and ask for the County Judge to sign the 6 same. This being in Precinct 4. 7 COMMISSIONER HARRIS: I move for approval. 8 COMMISSIONER BELEW: Second. 9 JUDGE KELLY: Motion's been made by 10 Commissioner Harris, seconded by Commissioner Belew to 11 approve the Interlocal Agreement with the Divide School 12 for the parking lot sealcoat project. Any other 13 discussion? Those in favor raise your hand. Unanimous, 14 five zero. 15 Moving on to item 1.28 consider, discuss and 16 take appropriate action for the Commissioners' Court 17 approval to remove and install a larger cattle guard at 18 the Divide School in Mountain Home, Precinct 4. Kelly 19 Hoffer. 20 MS. HOFFER: Bill Bacon from the Divide 21 School contacted Commissioner Harris regarding 22 replacement of their existing cattle guard with a larger 23 cattle guard on the County maintained road called Divide 24 School Road Northwest in Precinct 4. 25 This cattle guard is within our area of 129 1 maintenance. I gave and included some court minutes 2 when we did maintenance on the cattle guard at Divide 3 School on March 13th, 2006 Commissioners' Court meeting. 4 The Divide School will pay for the 5 fabrication of the new cattle guard, along with the 6 delivery to the location. Kerr County will remove the 7 existing cattle guard and install the new cattle guard 8 within the County maintained portion of the road. 9 At this time, we ask the Commissioners' 10 Court for their approval to allow the Road & Bridge 11 Department to remove the existing cattle guard and 12 install the new replacement cattle guard. The Divide 13 School will donate the new cattle guard to Kerr County 14 and Kerr County will continue maintenance on the new 15 cattle guard. 16 JUDGE KELLY: Now the next agenda item is 17 1.29 and that's to accept the donation of the cattle 18 guard, is that right? 19 MS. HOFFER: Yes, sir. 20 JUDGE KELLY: So can we consider both of 21 these at the same time? 22 MS. HOFFER: Yes, sir. 23 COMMISSIONER HARRIS: And I move for 24 approval. 25 COMMISSIONER BELEW: Second. 130 1 JUDGE KELLY: And accepting the donation? 2 COMMISSIONER HARRIS: Yes. 3 JUDGE KELLY: So approval and accepting the 4 donation. You -- 5 COMMISSIONER HARRIS: Yes. 6 JUDGE KELLY: -- agree with that? We have a 7 motion to approve the installation of a larger cattle 8 guard and motion to approve and accept the donation for 9 that cattle guard on behalf of the Divide School. Any 10 other discussion? 11 COMMISSIONER LETZ: I have a quick question. 12 What happens to the old one? 13 COMMISSIONER HARRIS: That's what I was 14 going to ask. And I -- I'm pretty sure I know, I just 15 want you to state it. The old cattle guard we're taking 16 out. That comes back to the County? 17 MS. HOFFER: Yes, sir. 18 COMMISSIONER HARRIS: Okay. 19 COMMISSIONER LETZ: And question. I mean, 20 the cattle guards -- looking at the County Attorney. 21 Once we -- we have a lot of cattle guards around the 22 County still, most of them in your Precinct. Once 23 they're in the County right-of-way, we own it, correct? 24 MRS. STEBBINS: Yes, sir. They're ours. 25 COMMISSIONER LETZ: But I mean -- and if 131 1 someone -- like if -- Kelly, I -- 2 MS. HOFFER: I'm glad you're -- no, I'm glad 3 you're having this conversation. 4 MRS. STEBBINS: We've had a very recent 5 conversation -- 6 COMMISSIONER LETZ: Yes. 7 MRS. STEBBINS: -- about it, Kelly and I 8 have. 9 COMMISSIONER LETZ: Okay. And I -- I would 10 -- my position would be, but I'm not the attorney, that 11 we would own them, anything that was put in the County 12 right-of-way. But is that accurate? 13 MRS. STEBBINS: If they're -- they become 14 ours once placed in the County right-of-way and then 15 when we have to remove them, they -- Road & Bridge takes 16 them and scraps them or otherwise does whatever is most 17 appropriate for them. 18 COMMISSIONER LETZ: And we cannot -- and we 19 cannot give them to the adjoining landowners, correct? 20 MRS. STEBBINS: We should not give them to 21 the adjoining landowners. 22 COMMISSIONER LETZ: Yeah, but we cannot is 23 probably more accurate. 24 MRS. STEBBINS: Yes, sir. 25 COMMISSIONER LETZ: Okay. 132 1 COMMISSIONER HARRIS: This was a little 2 unique, and correct me if I'm wrong, Kelly. Basically 3 here's the Divide School, this is their property line. 4 And that cattle guard goes right here. We maintain up 5 to that? 6 MS. HOFFER: Yes. 7 COMMISSIONER HARRIS: So it -- it's not a 8 drive-thru all the way. So it's right there on the 9 border. 10 MS. HOFFER: And I believe they're going to 11 be putting up a new fence and I think that's what 12 prompted -- 13 COMMISSIONER HARRIS: Exactly. 14 MS. HOFFER: -- that this would be the time 15 to make it a little bit wider than what the existing one 16 is. 17 MRS. STEBBINS: And part of the conversation 18 that Kelly and I had going into this and doing it this 19 way and accepting the donation, was that this makes it 20 real clear that there's a court order, that they've done 21 it in the County, it's in our right-of-way. Because the 22 question has come up, what you asked, about who owns 23 them once their -- their time is done. 24 COMMISSIONER LETZ: Okay. Thank you. 25 JUDGE KELLY: Any other discussion about 133 1 approving the installation of a larger cattle guard and 2 accepting the donation of the cattle guard? Okay. 3 Those in favor raise your hand. Unanimous, five zero. 4 MS. HOFFER: Thank you. 5 JUDGE KELLY: Okay. Everyone out there 6 looking at an agenda. We have gotten through this part 7 of it, we have to go back and pick up the things that we 8 did not cover because of the timed items. 9 So let's go to the last timed item which was 10 the 9:45 1.11, which is consider, discuss and take 11 appropriate action regarding establishing a Kerr County 12 Advisory Committee for Aggregate Production Operations. 13 Commissioner Moser. 14 COMMISSIONER MOSER: Judge, I think 15 everybody has a copy of the draft of the bylaws for 16 establishing the advisory council. And so what I 17 recommend is everybody take a look at this and let's 18 bring this back up in two weeks from now so everybody 19 has had a chance to look at it. 20 COMMISSIONER LETZ: Good. 21 JUDGE KELLY: Then we pass it? 22 COMMISSIONER MOSER: Yep. 23 JUDGE KELLY: Very good. 24 COMMISSIONER BELEW: Well, didn't we skip 25 something here? 134 1 JUDGE KELLY: Well, we're going to come back 2 and get it. I'm trying to finish up all of my timed 3 items -- 4 COMMISSIONER BELEW: Okay. 5 JUDGE KELLY: -- and that was it. 6 COMMISSIONER BELEW: All right. 7 JUDGE KELLY: So now if we go back to the 8 earliest things that we left off, let's go back to the 9 County Clerk, it'll be 1.9 consider, discuss and take 10 appropriate action to approve and adopt the County 11 Clerk's Annual Record Archival Plan as presented by Ms. 12 Dowdy. 13 MS. DOWDY: I gave y'all a packet earlier 14 this morning. It's a proposal. And it does change a 15 line item that I presented in my budget. It's for a 16 dedicated fund for records archival. So the projection 17 for the new archival plans will include marriage 18 records, a probate -- probate book, register of bonds, 19 applicants for land records, liquor dealer's docket, 20 drummer's record, and alien ownership. 21 So the plan is to have all these books, a 22 number of books preserved. They're all handwritten. So 23 it's not just typed documents we're preserving, this is 24 all handwritten stuff. The projection, the proposal -- 25 what's the word I'm looking for -- the cost estimate 135 1 they sent me this morning is $31,196.60, so I'll need to 2 get with the Auditor to change a line item. 3 And if the Court does accept this proposal, 4 that line item is 41-634-411. I just request that the 5 Commissioners' Court approve this. 6 COMMISSIONER MOSER: So is this something 7 new? Something repeated? Something reused? 8 MS. DOWDY: It's repeated annually. And it 9 has to be -- we had the public hearing earlier. It had 10 to be published, a public hearing, which I did. 11 COMMISSIONER MOSER: So is this a 12 continuation from previous year? 13 MS. DOWDY: Yes. 14 COMMISSIONER MOSER: And it's in the budget? 15 MS. DOWDY: It's a dedicated fund, yes. 16 There's plenty of money in there. 17 COMMISSIONER MOSER: A dedicated fund. 18 Okay. 19 COMMISSIONER BELEW: Do we get more than one 20 bid for this type of stuff or -- so what's the process? 21 MS. DOWDY: So before the bid we had or -- 22 so there's -- it's called the Texas Board something, 23 where these companies that do these kinds of archival 24 projects, they're kind of like pre bid. It's a pre bid 25 thing, and so this company that we were going to go 136 1 with, the Scott Merriman, they're on this list. So it's 2 not a bid process that we would normally go through. So 3 they're on that list. So they're exempt. 4 COMMISSIONER MOSER: Is this -- is this a 5 court action or is this something that -- 6 MS. DOWDY: This is court action. 7 COMMISSIONER MOSER: -- the County Clerk can 8 approve? 9 MS. DOWDY: The County Clerk has to do it in 10 conjunction with Commissioners' Court. So this is a 11 dedicated fund spending money of the County. 12 COMMISSIONER MOSER: Okay. Thank you. 13 COMMISSIONER LETZ: My only question, is 14 what's a drummers record? 15 JUDGE KELLY: I heard that too. 16 MS. DOWDY: So the -- back in the day when 17 someone like a salesman would come to town, they'd drum 18 up business. So I guess they had to get permission to 19 do that. That's what I understand that is. 20 JUDGE KELLY: I heard the term. But I 21 remember that. 22 COMMISSIONER BELEW: So what were the three 23 again, the drummer and the -- 24 MS. DOWDY: Oh, let me go through them 25 again. A number of marriage records. A number of 137 1 probate records. Register of bonds. Liquor dealers 2 docket. Drummer's record, and alien ownership. 3 COMMISSIONER MOSER: Alien to what? 4 MS. DOWDY: I think alien land, Like -- I -- 5 I'm not really sure. I'm sorry. 6 COMMISSIONER MOSER: I mean, we haven't even 7 gotten to Mars yet and they're coming here and doing 8 something? 9 MS. DOWDY: I think -- it's -- it's old 10 handwritten records and I'd like to get it -- it's neat. 11 It's -- 12 COMMISSIONER MOSER: I move for approval. 13 MS. DOWDY: Thank you. 14 COMMISSIONER LETZ: Second. 15 JUDGE KELLY: Motion's been made by 16 Commissioner Moser, seconded by Commissioner Letz to 17 approve and adopt the County Clerk's annual record 18 archival plan as presented. Any other discussion? 19 Those in favor raise your hand. Unanimous, five zero. 20 Item 1.10 consider, discuss and take 21 appropriate action to approve and adopt the County 22 Clerk's fee schedule for fiscal year 2021-2022, to be 23 effective October 1, 2021 through September 30 of 2022. 24 Ms. Dowdy. 25 MS. DOWDY: I'm not recommending any fee 138 1 changes. The letter I've wrote to y'all kind of has a 2 list of -- or it does have a list of the fees that y'all 3 can set. I don't recommend any changes. And some of 4 them are tied into the subdivision rules so if that ever 5 changes we'll -- we'll elaborate on that. 6 Just a note that come January 1st, 2022 the 7 probate guardianship, mental health fee schedule will 8 change. Statutory change. And I've already 9 incorporated that into our fee schedule to be presented 10 today. So I just request your approval unless y'all 11 have any recommendations or changes. 12 COMMISSIONER HARRIS: 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 County Clerk's fee schedule for fiscal year 17 2021-2022, to be effective October 1 through September 18 30th - October 1, 2021 through September 30, 2022. Any 19 other discussion? Those in favor raise your hand. 20 Unanimous, five zero. 21 MS. DOWDY: Thank you. 22 JUDGE KELLY: Sheriff, I'm going to take you 23 literally at your word and move on to Miss Doss. So 24 let's go down to 1.17 consider, discuss and take 25 appropriate action to approve the renewal of County 139 1 liability insurance through the TAC Risk Management 2 Pool's Liability Program. 3 MRS. DOSS: Yes. Good morning. Up for your 4 approval is the annual renewal of the County liability 5 insurance through the TAC Risk Management Pool's 6 Liability Program. It's annual fee time. 7 COMMISSIONER LETZ: It's pretty standard 8 renewal. I'll move for approval. 9 COMMISSIONER BELEW: Second. 10 COMMISSIONER HARRIS: Second. 11 JUDGE KELLY: Motion's been made by 12 Commissioner Letz, seconded by Commissioner Belew to 13 approve the County liability insurance through TAC Risk 14 Management Pool's liability program. Any other 15 discussion? Those in favor raise your hand. Unanimous. 16 Item 1.18 consider, discuss and take 17 appropriate action to clarify a payroll market 18 adjustment plan policy. Miss Doss. 19 COMMISSIONER LETZ: On this one, Judge, I 20 think we're going to defer until our next meeting. You 21 and I visited a little bit about this. And I just think 22 we need to make sure that we get the actual policy 23 written correctly and I'm not sure we're quite there 24 yet. We probably acted a little premature last time and 25 I -- rather than clarify it twice, I think it's better 140 1 to clarify it one time and we'll bring that back at our 2 next meeting. 3 JUDGE KELLY: And I -- and I agree with 4 that. We -- Commissioner Letz and I talked about this 5 last Friday and there's been more uncertainty and even 6 upheaval in the employee ranks than we anticipated. We 7 thought this was going to be a little bit more clear cut 8 than apparently it has been. We're going to defer this 9 to a workshop this Wednesday, and try to explain 10 everything and get everything cleared up and get 11 everybody on the same page. I don't think it's going to 12 change anything too substantive and then we will take it 13 up at the next Commissioners' Court meeting. 14 COMMISSIONER LETZ: And just a general 15 comment. Part of it's changing wording around and 16 things like that, but I just wanted to let the employees 17 know that we are -- the plan is that the Court has 18 decided so far and what we're trying to get the verbiage 19 correctly that improving benefits and -- both in the 20 vacation or paid time off area, longevity, the market 21 adjustment plan. Employees are getting better and more 22 benefits than they've ever had in the past under what 23 we've discussed so far. I don't see -- I'm sure that -- 24 we're just trying to make sure we get the language 25 exactly correct. Because we've learned over time, that 141 1 it can cause problems if our wording isn't exactly 2 correct. 3 JUDGE KELLY: And just -- this is no 4 reflection on Miss Doss. It came up you when I 5 overheard a question being asked out at the front of the 6 desk that -- of our office and I didn't know the answer 7 to the question. And I just decided that until the 8 County Judge knows the answers to the question, maybe we 9 need to keep talking about it. Because I have to be 10 able to answer those questions. So we talked about it 11 on Friday. I feel very good about this and I'm looking 12 forward to the workshop to try to get everything 13 explained. But I think we're in good shape. So with 14 that, we're going to do that on the next one too? The 15 PDO? 16 COMMISSIONER LETZ: Yes. Pass on that. 17 JUDGE KELLY: Okay. That's on item 1.19 and 18 1.20. 19 COMMISSIONER LETZ: 1.20 still -- is also an 20 Executive Session item, I believe. And that one I think 21 we will. 22 JUDGE KELLY: Are we going to pass this or 23 are we going to do it today? 24 COMMISSIONER LETZ: In -- in Executive 25 Session, yes. 142 1 JUDGE KELLY: Okay. Later today. 2 COMMISSIONER LETZ: Yes. 3 JUDGE KELLY: Okay. I won't check it off. 4 Okay. 5 Now Sheriff, I think you've got the last 6 agenda items until we get to the approval agenda. 7 SHERIFF LEITHA: We'll make it quick. 8 JUDGE KELLY: 1.12 consider, discuss and 9 take appropriate action to approve the $2,000 donation 10 from Carlyle Flooring Center for the Sheriff's Special 11 Response Team Fund. 12 SHERIFF LEITHA: Yes, sir. I'm just looking 13 for y'all's approval to accept these donations, the 14 following three. 15 JUDGE KELLY: Okay. Then let's -- do you 16 want to take the next one too? Item 1.13 consider, 17 discuss and take appropriate action to approve $5,000 18 donation from a citizen for the Sheriff's Special 19 Response Team Fund. 20 And then we'll go on to Item 1.14, which is 21 again, consider, discuss and take appropriate action to 22 approve another $5,000 donation. This is from Ronnie 23 Bock's Kerrville RV for the Sheriff's Special Response 24 Team Fund. 25 COMMISSIONER MOSER: Move for approval on 143 1 all three. 2 JUDGE KELLY: So we've got five from Bock, 3 Five from anonymous, and two from Carlyle. 4 COMMISSIONER HARRIS: Second. 5 JUDGE KELLY: Okay. Motion's been made by 6 Commissioner Moser, seconded by Commissioner Harris to 7 approve all three donations as presented. Any 8 discussion? 9 COMMISSIONER LETZ: I want you as my 10 fundraiser. 11 SHERIFF LEITHA: You're definitely retiring. 12 JUDGE KELLY: Those in favor raise your 13 hand. Unanimous, all good. 14 Item 1.15 consider, discuss and take 15 appropriate action to approve the Memorandum of 16 Understanding between the Texas Joint Counterdrug Task 17 Force and the Kerr County Sheriff's office. 18 SHERIFF LEITHA: Yeah, I'm looking for 19 Commissioners' Court and Judge approval to be able to 20 enter into this. The Kerr County Sheriff's office, 21 along with the Texas Joint Counterdrug Task Force, this 22 is a service that's provided to us. It would run on 23 their calendar year and would end September 30th. Then 24 I'd come to y'all again to get this worked out to go 25 again. 144 1 But basically this is a National Guard 2 analyst assigned to the Sheriff's office. What we're 3 responsible for is an office space, which we have, and 4 phone and internet access which I'm sure we can work all 5 that out. It's at no cost to the County. Basically 6 it's to help us with drug related cases. Like we're 7 currently working one that's tied to California, don't 8 want to get into too much detail. But he'll be sitting 9 behind the computer where our guys will be able to be 10 out in the field working more cases. 11 When I was with DPS we were able to use this 12 service along with analysts. It's very successful 13 enabling us to make more cases. 14 COMMISSIONER HARRIS: I move for approval. 15 COMMISSIONER BELEW: Second. 16 JUDGE KELLY: Motion's been made by 17 Commissioner Harris, seconded by Commissioner Belew to 18 approve the Memorandum of Understanding between the 19 Texas Joint Counterdrug Task Force and the Kerr County 20 Sheriff's office. Any other discussion? Those in favor 21 raise your hand. Unanimous. 22 1.16 consider, discuss and take appropriate 23 action to approve the Amendment to the Agreement for 24 Inmate Healthcare Services between Kerr County and 25 Wellpath, LLC and allow the County Judge to sign same. 145 1 SHERIFF LEITHA: Yes, sir. I'm also looking 2 you y'alls approval. It's my understanding we were 3 under a five-year contract with our medical services and 4 we're in year four. It still jumped three percent. 5 That's what this agreement is right here every year. 6 Obviously next year we'll look at getting some 7 competitive bids, but it's my understanding not too many 8 people provide this service. But at this time I'm 9 looking for y'alls approval to go up three percent on 10 the next year. 11 COMMISSIONER HARRIS: This is standard, a 12 three percent each year is what we've signed -- or 13 signed on to? 14 SHERIFF LEITHA: Yes, sir. 15 COMMISSIONER HARRIS: Okay. I'll move for 16 approval. 17 COMMISSIONER LETZ: Second. 18 COMMISSIONER MOSER: Second. 19 JUDGE KELLY: Motion's been made by 20 Commissioner Harris, seconded by Commissioner Moser to 21 approve the Amendment to the Agreement for Inmate Health 22 Care Services between Kerr County and Wellpath, LLC. 23 Any other discussion? 24 COMMISSIONER BELEW: I'm curious, Sheriff. 25 This -- I know you have to transport patients to the 146 1 hospital and doctor and things or whatever. That -- 2 that part of the transport comes out of your budget? 3 SHERIFF LEITHA: Yes, sir. That -- 4 COMMISSIONER BELEW: That's not part of 5 insurance anyway? 6 SHERIFF LEITHA: But that is totally 7 separate. This is just for medical needs inside the 8 jail. Anything that -- 9 COMMISSIONER HARRIS: In the jail? 10 SHERIFF LEITHA: Yes. 11 COMMISSIONER HARRIS: Okay. All right. 12 SHERIFF LEITHA: One of our services. 13 COMMISSIONER BELEW: That answers that. 14 JUDGE KELLY: Okay. Those in favor raise 15 your hand. Unanimous, five zero. Thank you, Sheriff. 16 SHERIFF LEITHA: Yes, sir. Thank y'all. 17 JUDGE KELLY: Okay. Going to move over to 18 the Approval Docket. First one is pay the bills. 19 MRS. SHELTON: Invoices for today's 20 consideration are $1,097,399.40 -- 21 COURT REPORTER: Could you repeat that, 22 please? 23 MRS. SHELTON: I'm sorry? 24 COURT REPORTER: Could you repeat that 25 number? 147 1 MRS. SHELTON: Yes. $1,097,399.40. 2 COMMISSIONER MOSER: Move for approval. 3 COMMISSIONER BELEW: Second. 4 JUDGE KELLY: Motion's been made by 5 Commissioner Moser, seconded by Commissioner Belew to 6 approve the bills as presented. And I'd just remind 7 everybody, this is so big because we're closing on 8 550 Earl Garrett today. 9 MRS. SHELTON: And that does not include the 10 Earl Garrett. 11 JUDGE KELLY: Well, then help. 12 MRS. SHELTON: Sorry. 13 JUDGE KELLY: Well then why is it? 14 MRS. SHELTON: We're fixing to do the next 15 million dollars. They're very much higher today. 16 JUDGE KELLY: Okay. And so why -- why are 17 we so high today? 18 MRS. SHELTON: Because it's our normal two 19 weeks and we've got a lot of the recurring invoices in 20 here. 21 JUDGE KELLY: Okay. Very good. Any other 22 discussion? Those in favor raise your hand. Five zero, 23 pay the bills. 24 Budget amendments? 25 MRS. SHELTON: Budget amendments. We have 148 1 six budget amendments. The first five are just 2 interdepartmental changes, line item changes. The -- 3 number six is our -- just line item changes also, but 4 they are to -- they've been requested by the Public 5 Defender's Office. 6 COMMISSIONER LETZ: And those are primarily 7 just -- what they are is changing job titles around a 8 little bit and moving money from how it was originally 9 set out as to what he's actually doing. 10 COMMISSIONER BELEW: Move for approval. 11 COMMISSIONER LETZ: Second. 12 JUDGE KELLY: Motion's been made by 13 Commissioner Belew, seconded by Commissioner Letz to 14 approve the budget amendments as presented. Any 15 discussion? Those in favor raise your hand. Budget 16 amendments approved as presented. 17 Now we can go to the late bills. 18 MRS. SHELTON: Late bills $1,181,228.91. 19 And this does include the closing for the 424 and 550 20 Earl Garrett. 21 COMMISSIONER BELEW: Move for approval. 22 COMMISSIONER MOSER: Second. 23 JUDGE KELLY: Motion's been made by 24 Commissioner Belew, seconded by Commissioner Moser to 25 approve the late bills as presented. Any discussion? 149 1 Those in favor raise your hand. Unanimous, five zero. 2 Okay. Auditor reports. 3 MRS. SHELTON: Yes. We have audited three 4 different departments and we're asking that you accept 5 the report. We audited the Environmental Health 6 Department, Justice of the Peace, Precinct 1, and the 7 District Clerk. 8 COMMISSIONER MOSER: Move to accept. 9 COMMISSIONER BELEW: Second. 10 JUDGE KELLY: Okay. Motion's been made by 11 Commissioner Moser, seconded by Commissioner Belew to 12 approve the Auditor's report as presented. Any 13 discussion? Those in favor raise your hand. Unanimous, 14 five zero. 15 Monthly reports. 16 COMMISSIONER HARRIS: Yes. For May, 2021 17 Treasurer's monthly report, Tracy Soldan. For June, 18 2021 Treasurer's payroll approval report, Tracy Soldan. 19 Constable -- monthly report, Constable 1 Tommy 20 Rodriguez, Constable 2 Kyle Schneider, Constable 4 Brad 21 Ryder. Fines, judgments, and jury fees collected. 22 J.P. 1, Mitzy French. J.P. 2, J. R. Hoyne. J.P. 3, 23 Kathy Mitchell. District clerk, Dawn Lantz. Indigent 24 Services, HR Director, Jennifer Doss. I move for 25 approval. 150 1 COMMISSIONER BELEW: Second. 2 JUDGE KELLY: Motion's been made by 3 Commissioner Harris, seconded by Commissioner Belew to 4 approve the monthly reports as presented. Any 5 discussion? Those in favor raise your hand. Unanimous. 6 2.6 court orders. 7 COMMISSIONER LETZ: Yes. We have the court 8 orders from our last meeting, which was -- when was the 9 last meeting -- 28th of June. And the only court order 10 numbers were 38777 through 38799. Only modification I 11 had or slight change was on 1.21. And it's a provision 12 on the longevity plan. And what we actually said was -- 13 the way it was worded was approve the revised longevity 14 plan. It's really approve the new longevity plan I 15 think is more accurate and we're going to probably have 16 it back on -- actually that one's not going to come back 17 on the agenda, but just change the word from revised to 18 new. I think it's more accurate for what we're doing 19 because it is a new plan. And with that I'll make a 20 motion to approve. 21 COMMISSIONER HARRIS: Second. 22 JUDGE KELLY: Motion's been made by 23 Commissioner Letz, seconded by Commissioner Harris to 24 approve the Court order as revised with regard to the 25 longevity plan. Any discussions? Those in favor raise 151 1 your hand. Unanimous, five zero. 2 Information agenda. 3 Status reports from Department Heads. 4 The status -- number 3.2. Status reports 5 from Elected Officials. 6 3.3. Status reports from Liaison 7 Commissioners. 8 COMMISSIONER LETZ: I have a couple on that 9 one. I will be meeting with John Bull this afternoon. 10 With Tanya first and then John Bull, to go over the 11 budget and kind of get everyone in line and go over and 12 get that department into our system properly to make 13 sure there's no issues. It's just a matter of, you 14 know, figuring out how we do certain things. But 15 anyway, I'll meet with John this afternoon after I meet 16 with Tanya. 17 And the other thing is -- and I keep on 18 forgetting to bring it up and I've been involved in it 19 for awhile. The Mayor, I guess sometime in May or 20 April, or maybe before, I'm not sure -- at some point he 21 appointed me to a task force that he's overseeing 22 related to public health issues. 23 And we're looking at public health 24 departments, things of that nature. A lot of it is out 25 of the COVID as to why Kerr County and City of Kerrville 152 1 was -- seemed to be low on the priority list to getting 2 the vaccines. And when we realized that two of our 3 neighbors did have public health authorities of some 4 sort that were able to get vaccines. Anyway, so we're 5 looking at that. It's been very interesting. I think 6 it probably should have been -- additional people should 7 have been included on it but I'm trying to represent 8 other County departments like the Veterans Service 9 Department and the extension. 10 But my guess is that at some point, there 11 will be a request from the City for us to participate in 12 some sort of a public health something. It may be an 13 authority, it may be a department, it may be an office. 14 It's not going to be a very large thing, it's largely 15 grant funded more than likely. But it's pretty 16 interesting. 17 I just want to let the Court know that it's 18 something that I've been -- going to another meeting 19 tonight. But it is -- it's a -- it is interesting 20 because the reason Uvalde County did get the vaccines 21 quickly is largely because of this issue. And that has 22 been determined. So there is some benefits to it. 23 And what's also interesting about Uvalde 24 County, not sure how they figured it out but they did 25 their health -- it's not health authority, I'm not sure 153 1 what that actually did. They did it specifically to get 2 the vaccines at the time. They had a little bit of 3 advance notice from somewhere that basically that could 4 happen. And that's all they did it for. They had -- 5 they never had one before. And it looks pretty 6 interesting. But other counties have. Medina County 7 has an indigent department. So we're trying to -- it's 8 an indigent type group. 9 So I just want to bring it to the Court that 10 that's being looked at. A lot of people in the 11 community I think need to know that. And it's -- so 12 it's not going to be a large department or anything, I 13 think, but I think that there will be -- the City, I 14 think, is going to want to do something. And they hope 15 the County joins them with it. 16 COMMISSIONER MOSER: I read the State law 17 when that occurred. You know, some of them have to 18 be -- had a doctor, okay, a medical doctor, and then 19 there's a lot of other responsibilities, depends on how 20 you set it up. It -- it could be another bureaucracy if 21 you're not careful. 22 COMMISSIONER LETZ: Right. But anyway, it's 23 interesting. And it's -- it's almost -- it can be -- 24 it's surprising to me, it can be set up any way the 25 governmental entity wants to set it up. I mean, it can 154 1 be as small or as large. 2 COMMISSIONER MOSER: It can be multiple 3 entities too, and multiple counties, multiple cities, 4 blah, blah. Right. 5 COMMISSIONER LETZ: Anyway, I just wanted to 6 try to remember to bring it up that the Mayor asked me 7 to do that. 8 COMMISSIONER MOSER: The only thing as 9 liaison in combination with KEDC and the airport is 10 there's been discussions about things happening at 11 Mooney. Those discussions and activities are still 12 under way. So hadn't heard anything yet in detail that 13 can be reported yet, so -- 14 JUDGE KELLY: Okay. And then my boss handed 15 me a note. When I was talking about the applications 16 for Commissioner of Precinct 2, you do need to go on the 17 website and get the Kerr County job application and fill 18 it out. I know -- I see the people in the room that are 19 here. Several of them have already done that. 20 And along with the interviews for the short 21 list, we will be -- the Sheriff's Office will be 22 conducting backgrounds on the last few. So with that, I 23 don't think we have anything else. 24 COMMISSIONER BELEW: I had something I 25 wanted to go ahead and just mention and I think 155 1 Commissioner Harris will agree with this. We made that 2 change in the materials we're going to use on the roads, 3 I guess, last budget year. And we have white roads now 4 instead of black roads in places. And so people look at 5 them and they don't think they're finished. They are 6 finished, they just look different. What many people 7 grew up referring to as asphalt is a blacktop, it's a 8 basketball court, it's a driveway. But that's not the 9 only kind of asphalt there is or only kind of finish 10 there is. So you -- you've had some people that were 11 not ecstatic about it. I had -- 12 COMMISSIONER HARRIS: You might say that. 13 COMMISSIONER BELEW: -- so we may have some 14 more folks saying that and I just wanted everybody to 15 know that this is what we chose and for budget concerns. 16 COMMISSIONER HARRIS: And I wasn't here, I 17 know y'all discussed it at a workshop. I was following 18 along from home. And I know there was a big increase 19 for materials for Road & Bridge. 20 COMMISSIONER BELEW: Right. 21 COMMISSIONER HARRIS: And -- and I -- I wish 22 I'd been here, because I'd had some preliminary thoughts 23 and knew that was coming. We didn't do as much 24 sealcoating last year, the COVID year, and then going to 25 a better material for the future really made a jump up, 156 1 more than it normally would. 2 But I can tell you, we have had nothing but 3 headaches with some roads that we did last summer. And 4 I -- and it's the same stuff they put on the street I 5 live on. And I told the people those are going to 6 settle in like mine did. They never settled in. And 7 whether it be the material isn't as good as it used to 8 be or whatever, plus having curbs in that neighborhood, 9 in Greenwood Forest, it really created some problems. 10 Now I think they've swept it up -- they're not here, I 11 think they swept it, I don't know if they got it -- 12 COMMISSIONER LETZ: County Attorney is 13 looking like she'll have a heart attack. 14 MRS. STEBBINS: So maybe if you want to 15 discuss the locations of that material you can discuss 16 it at the next workshop and add that to the list. 17 COMMISSIONER HARRIS: I was avoiding eye 18 contact. 19 COMMISSIONER MOSER: More to come. 20 JUDGE KELLY: Okay. Anything else? 21 COMMISSIONER LETZ: Well, there's two 22 Executive Session. 23 JUDGE KELLY: Okay. 24 MRS. STEBBINS: And you'll come back to 1.20 25 after the Executive Session, is that the intent? 157 1 COMMISSIONER LETZ: Really 1.20 and the 2 Executive Session item are worded differently, but 3 they're the same item. 4 MRS. STEBBINS: So the Executive Session 5 item is about specific employee compensation, correct? 6 COMMISSIONER LETZ: Yes. 7 MRS. STEBBINS: Okay. So you'll come back 8 to 1.20? 9 COMMISSIONER LETZ: Yes. 10 JUDGE KELLY: The Court -- the Court is 11 going to go into Executive Session to include personnel 12 matters, specifically regarding Precinct 3 Constable. 13 COMMISSIONER LETZ: And -- 14 JUDGE KELLY: And the salary study 15 compensation. And with that, we'll go into Executive 16 Session. And we're going to recess. 17 (Executive Session.) 18 JUDGE KELLY: Court is back in session. As 19 I understand it there's no action item of any kind, so 20 Court will be adjourned. 21 * * * * * * 22 23 24 25 158 1 STATE OF TEXAS * 2 COUNTY OF KERR * 3 I, DEBRA ELLEN GIFFORD, Certified Shorthand 4 Reporter in and for the State of Texas, and Official 5 Court Reporter in and for Kerr County, do hereby certify 6 that the above and foregoing pages contain and comprise 7 a true and correct transcription of the proceedings had 8 in the above-entitled Regular Commissioners' Court. 9 Dated this the 23rd day of July, 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