1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Regular Session 5 Monday, July 26, 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 1.1 Presentation of the Texas Historical 7 Commission's Distinguished Service Award 4 to the Kerr County Historical Commission. 5 1.2 Discuss the results of the Texas 13 Archaeological Society event in Kerr 6 County in June 2021. 7 1.3 Consider, discuss and take appropriate 19 action on request from the Texas Hill 8 Country Chapter of the Texas Master Naturalists and Kerrville Chapter of the 9 Native Plant Society of Texas to approve their "Courthouse Garden Expansion Proposal". 10 1.4 Consider, discuss and take appropriate 31 11 action regarding purchase of signs that detect wildlife for use throughout the 12 county. 13 1.29 Information regarding Kerr County Subdivision 32 Rules and Regulations and options associated 14 therewith. 15 1.15 Consider, discuss and take appropriate 35 action regarding the status of the Center 16 Point Village project. 17 1.17 Consider, discuss and take appropriate 109 action regarding establishing a "Kerr County 18 Advisory Committee for Aggregate Production Operations" and Board Membership. 19 1.18 Consider, discuss and take appropriate 122 20 action for the Commissioners' Court approval for position restructuring in the Road & 21 Bridge Department. 22 23 24 25 3 1 I-N-D-E-X 2 NO. PAGE 3 1.19 Consider, discuss and take appropriate 123 action for the Court to waive platting 4 oversight and approval to the City of Kerrville for a revision of plat for 5 Saddlewood Estates Section 1, Block 1, Lots 18 and 19 with conditions that Kerr 6 County Environmental Department and Kerr County Floodplain Administrator review, 7 approve and sign plat, Volume 6, Pages 319-321. 8 1.20 Consider, discuss and provide input 125 9 regarding a concept plan for 11.55 acres on Depot Alley in Center Point, Deed No. 10 18-04825. 11 1.21 Information and discussion concerning 129 proposed storm water drainage projects 12 adjacent to State Highway 27 in East Kerr County. 13 1.22 Consider, discuss and take appropriate 137 14 action for the Court to authorize the placement of signs reading "Kerr County 15 Property, Authorized Personnel Only" for portions of Sheppard Rees Road. 16 1.5 Consider, discuss and take appropriate 140 17 action to surplus various items of furniture from the District Clerk's inventory. 18 1.6 Consider, discuss and take appropriate 141 19 action to accept furniture donation from Tom Pollard. 20 1.7 Consider, discuss and take appropriate 141 21 action on request from Extension Office to put a handicap parking sign in their 22 parking lot. 23 1.8 Consider, discuss and take appropriate 143 action to approve the nomination committee 24 selection of a County employee to participate in the Kerr County Leadership 25 Class of 2021-22 and submit the application to the Kerrville Chamber of Commerce. 4 1 I-N-D-E-X 2 NO. PAGE 3 1.9 Consider, discuss and take appropriate 144 action to approve and adopt the revised 4 Kerr County Budget Calendar for fiscal year 2021-2022. 5 1.10 Consider, discuss and take appropriate 145 6 action to accept resignation of Kenneth Wilke as Constable, Precinct 3. 7 1.11 Consider, discuss and take appropriate 147 8 action on appointing successor for Constable, Precinct 3 to replace Kenneth Wilke. 9 1.12 Consider, discuss and take appropriate 149 10 action to replace the current vacation and sick leave policy with a PTO policy (Paid 11 Time Off). 12 1.13 Consider, discuss and take appropriate 152 action to request 3-month extension for 13 the FY 20/21 Hill Country Regional Public Defender's Office grant. 14 1.14 Consider, discuss and take appropriate 154 15 action regarding the process for appointing a replacement for the Commissioner Precinct 2 16 vacancy. 17 1.16 Consider, discuss and take appropriate 159 action regarding illegal immigration issues 18 in Kerr County. 19 1.23 Consider, discuss and take appropriate 171 action to approve a $10,000.00 donation from 20 a citizen for the Sheriff's Special Response Team Fund. 21 1.24 Consider, discuss and take appropriate 171 22 action to approve a $500.00 donation from Grimes Funeral Chapels for the Sheriff's 23 Special Response Team Fund. 24 1.25 Consider and discuss and take appropriate 171 action to approve a $250.00 donation from TDF 25 Capital Management, LLC (Apache Springs) for the Sheriff's Special Response Team Fund. 5 1 I-N-D-E-X 2 NO. PAGE 3 1.26 Consider, discuss and take appropriate 172 action to approve closing Jail Project 4 Fund 17 by moving funds to DSF 61. 5 1.27 Discussion regarding upgrading the Kerr 174 County website. 6 1.28 Consider, discuss and take appropriate 178 7 action to approve the Interlocal Agreement between the Regional Public Defender Office 8 Local Government Corporation and Kerr County to represent indigent capital murder 9 defendants. 10 2.1 Pay Bills. 181 11 2.2 Budget Amendments. 182 12 2.3 Late Bills. 183 13 2.4 Auditor Reports. 184 14 2.5 Accept Monthly Reports. 184 15 2.6 Court Orders. 185 16 3.3 Status reports from Liaison Commissioners. 186 17 *** Adjournment. 188 18 *** Reporter's Certificate. 189 19 * * * * * * 20 21 22 23 24 25 6 1 JUDGE KELLY: Good morning. Kerr County 2 Commissioners Court is now in session. It is Monday, 3 July the 26th at 9 o'clock in the morning, and our 4 meeting will come to order. The first thing we have on 5 the agenda is to remind everybody to turn your cell 6 phones off, or at least vibrate so that they don't 7 interrupt the proceedings, and after that we have the 8 public input. 9 The public input is the portion of the 10 agenda that we set aside to receive input from the 11 public; it's not output. We don't get to answer your 12 questions at that time, but we certainly are required to 13 listen to what you have to say to us. If you're here 14 about something that is on the agenda, a specific agenda 15 item, we ask that you wait to speak to us when that 16 agenda item is called. It will be a lot easier and more 17 relevant for everyone if you do it that way. 18 So the first thing I have to ask, is there 19 anyone here that wants to speak to this Court -- oh. 20 Oh, yeah. I'm flustered. Let's stand for the prayer 21 and pledge. 22 (Prayer and Pledge of Allegiance.) 23 JUDGE KELLY: Please be seated. Now I'm 24 calling -- is there anyone who would like to address the 25 Court on other than items not on the agenda? We're 7 1 good. Let's proceed on with the agenda. We have 2 several ceremonial things we're going to do. I've made 3 an announcement and I'll just repeat it. We're going to 4 take items 1.1 through 1.4 first and then I'm going to 5 try to work in all the people here on the Center Point 6 Village issue. And we'll do that right after 7 considering Item 1.29, which is about subdivision rules. 8 And we'll get some background on that and then we'll 9 move right into 1.15, which is the status of the Center 10 Point Village. 11 So with that I'm going to call Item 1.1, 12 which is the presentation of the Texas Historical 13 Commission's Distinguished Service Award to the Kerr 14 County Historical Commission. Commissioner Belew and -- 15 COMMISSIONER BELEW: Well, I would like to 16 introduce Julie Leonard. 17 MS. LEONARD: Thank you. 18 COMMISSIONER BELEW: Julie is who runs the 19 Historical Commission and does a great job. 20 JUDGE KELLY: She's right there by her 21 cousin, isn't it? 22 MS. LEONARD: Good morning, gentlemen. I'm 23 Julie Leonard, Chair of the Kerr County Historical 24 Commissioner for the past 12 years. 25 JUDGE KELLY: And we appreciate that 8 1 service. 2 MS. LEONARD: I think we need a new face up 3 here. But anyway. As you know, the purpose of the Kerr 4 County Historical Commission is to preserve, protect and 5 promote the historical and cultural resources of Kerr 6 County. This is accomplished by the KCHC initiating 7 programs and projects that create awareness and 8 appreciation of historic preservation and their benefits 9 and uses in the County. 10 Our commission in 2020 had 57 members that 11 contributed over 1700 hours of volunteer service to the 12 County and State. We were only allowed to meet five 13 times because of COVID restrictions last year. Despite 14 this limitation, we managed to still function. 15 Since this is a presentation of the 16 Distinguished Service Award, I'd like to tell you a 17 little about how it's awarded. The DSA award is a 18 15-page survey that I complete on e-mail and it has a 19 committee that reviews all these surveys. 20 In the difficult year of 2020, we only had 21 90 of 254 counties that were recognized for their work. 22 There are sections in the survey that ask about our 23 organization. How it is funded, our planning, the 24 stewardship of county resources, which includes surveys 25 of historical markers and endangered property. 9 1 The community awareness section asks how we 2 participate and revitalize our community. The most 3 important section has three detailed project 4 descriptions. I have to share which project for each 5 question to satisfy their specific question. One was 6 which -- "Which project educated audiences outside of 7 your County?" 8 Each question asked details of how we 9 accomplish projects that we described and the outcome. 10 For the record, in this report I've listed noticeable 11 KCHC projects in 2020. 12 The first one is the untold story marker for 13 the Kerrville State Hospital's Gates of Heaven Cemetery. 14 This cemetery was used for Negroes that died of 15 tuberculosis when it was a tubercular hospital. It is 16 funded by the Texas Historical Commission and especially 17 meaningful for the County. 18 We are also waiting for the Glenrest 19 Cemetery and Live Oak Ranch Historical Markers to be 20 delivered from the foundry. 21 Members -- Number 2. Members inspected all 22 86 County Historical Markers and inventoried their 23 condition. Hunter Desaeger restored 20 historical 24 markers for his Eagle Scout project. 25 Fourth, the display cases at the entrance of 10 1 the County Courthouse have been redesigned by the KCHC. 2 The first display features photos and history of the 3 courthouse. The current exhibit is "Kerrville Loves a 4 Parade". 5 The next quarterly exhibit will feature the 6 military in Kerr County. This project gives a visual 7 historical presence and can educate and entertain the 8 many visitors to the courthouse, and I invite all of 9 y'all to go look at those displays while you can. 10 We also partnered with the Hill Country 11 Archaeology Association in June. They hosted 300 plus 12 attendees for the Texas Archaeological Society field 13 school. We provided historical brochures for their gift 14 packets. 15 The KCHC cemetery committee, under the 16 guidance of the Texas Historical Commission Coordinator 17 has identified and documented several previous unknown 18 cemeteries, and filed in the County Clerk's Office. It 19 is known than more than 15 have not been documented. 20 Preserving cemeteries give important clues to our 21 history. 22 Our archives. In January 2009, the 23 Commissioners Court and Schreiner University agreed to 24 the long-term loan of KCHC archives and artifacts to the 25 William M. Logan Library special collection. 11 1 The location of the Commission Collection at 2 the library provides for their secure and 3 environmentally correct storage and allows them to be 4 available for the public enjoyment, education and 5 research. We continually update this collection with 6 oral history, agendas and other items. 7 The Kerrville -- KCHC is meeting with the 8 newly established Kerrville Main Street Organization, 9 and they are helping to promote our downtown Historical 10 Building Planning Project. 11 The Kerrville Convention and Visitor Center 12 is participating in designing a driving/walking map of 13 Kerrville historic neighborhoods, buildings and areas. 14 These projects and others I haven't listed are designed 15 to meet our purpose of saving and promoting our history. 16 They also help to bring tourists into the County. 17 Heritage tourism is an economic bonanza. 18 Our commission through its many projects add 19 to our quality of life here in the best County in Texas. 20 I hope this report gives the Court 21 assurances of our value to the citizens of Kerr County 22 and the State of Texas. We appreciate the Texas 23 Historical Commission's recognition of our commission 24 for this prestigious award, and we could not exist 25 without the support of you, the Kerr County 12 1 Commissioners' Court. Thank you. 2 COMMISSIONER MOSER: Julie, a couple 3 questions. You have 57 members. Is that about the 4 average that you've had over the past year? 5 MS. LEONARD: We probably have a few more 6 now. 7 COMMISSIONER MOSER: Okay. Okay. 8 MS. LEONARD: Attrition and people moving 9 out so. 10 COMMISSIONER MOSER: You guys do outstanding 11 work. Fabulous. 12 MS. LEONARD: Thank you. 13 JUDGE KELLY: And Julie, if you will come 14 down here in front, I'll present the award. 15 COMMISSIONER MOSER: Wait. One more -- one 16 more thing if you would while you're still at the 17 podium. Excuse me, Judge. Go back to item -- your item 18 number five. I think you may have hit it. Okay. Do it 19 again because it's going to set up the next agenda item. 20 MS. LEONARD: Okay. 21 COMMISSIONER MOSER: The Archaeological 22 Society. 23 MS. LEONARD: Yeah. Yeah. 24 COMMISSIONER MOSER: Did you read that? 25 JUDGE KELLY: Yeah. She did. 13 1 COMMISSIONER MOSER: Okay. Good. Okay. 2 I'm sorry. 3 MS. LEONARD: No. Steve is here. 4 COMMISSIONER MOSER: Yeah. That's the 5 reason I said. I -- 6 MS. LEONARD: Yeah. 7 COMMISSIONER MOSER: But you cooperated with 8 the Archaeological Society so -- 9 MS. LEONARD: I want my Treasurer. She's an 10 important part of our group. Wilma Teague. 11 JUDGE KELLY: It's my Honor to present to 12 you, the Texas Historical Commission, presents this 2020 13 Distinguished Service Award to the Kerr County 14 Historical Commission in recognition of its active and 15 well balanced preservation program. Signed by the 16 Executive Director, Mark Wolfe on the 10th day of June, 17 2021. So I want to hold this around here and shake your 18 hand. Thank you. 19 MS. LEONARD: Thank you. 20 JUDGE KELLY: On that same line, let's go on 21 to item 1.2, which is discuss the results of the Texas 22 Archaeological Society event in Kerr County, June 2021. 23 Steve Stoutamire. 24 MR. STOUTAMIRE: Good morning, Judge Kelly 25 and Commissioners. My name is Steve Stoutamire. I am 14 1 an official of our local Archaeological Association here 2 in Kerr County, that's the Hill Country Archaeological 3 Association, as well as a member of the Texas 4 Archaeological Society, and it's about the Texas 5 Archaeological Society which I will refer to as TAS, 6 that I'm about to give you a report of the field school 7 that was held here June 12 through June 19 of this year. 8 TAS annually gives a field school somewhere 9 in the State at rich archaeological sites that have the 10 right logistics for members to participate. Certainly 11 we have the right, probably some of the best logistics 12 here, are such a thing and we have a rich archaeological 13 society. 14 We were to have this last year, but the 15 pandemic canceled it and we rescheduled for this year. 16 Overall, I would have to say it was a very good success. 17 We actually had more participants than were expected in 18 this sort of gray area on the back end of the pandemic. 19 I'm going to have to dispute Julie's 20 numbers, I got a little bit more update on it. We had a 21 total of 360 participants that week of June 12th through 22 June 19. 23 The members of TAS come from all over, 24 primarily Texas, but all over the U.S. In fact, the one 25 that traveled the furthest to get here for this event 15 1 was from New York. So people were really interested in 2 this -- this kind of thing. This is the first field 3 school in Kerr County since 1972. And TAS has been 4 doing this for well over 60 years. 5 There were actually the most attendees, 6 first time attendees to a field school ever at this 7 field school. Maybe that had something to do with pent 8 up pandemic demand. The -- the way the structure of the 9 individuals and the groups worked was the main 10 excavation was at a prehistoric site on the west side of 11 Kerrville, outside the City limits. Those were 12 prehistoric excavations at a site that our local 13 organization has worked since 2014. So we were very 14 well aware of what they would run into and what to 15 expect. 16 There were 160 people at that at any given 17 time, including 77 children and their families. There 18 were a total of 25 actual professional archaeologists at 19 this event from all over the state, including State 20 Historical Commission, Texas Department of 21 Transportation, Texas Parks and Wildlife, and private 22 practice archaeologists. 23 In addition to the main excavations, the 24 main prehistoric excavations, there were historic 25 excavations on the Julius Neunhoffer Ranch. And there 16 1 were a total of 42 people that participated in that. 2 There were also individual survey teams that went all 3 over the County to ranches, which we had at the local 4 level had lined up for the field school to do surveys of 5 those rancher's property and sites were identified to 6 map the properties, create reports for the individuals. 7 And then if the individual, the property owner, agreed 8 to it, actually record it with the state. And we did 9 have some of those that agreed to do that. There were 10 20 people that participated in that event. 11 And then there was a field laboratory at the 12 ranch house on this main prehistoric site, 36 people 13 participated in that. And if you've been doing the 14 math, you don't come up with 360. And that's because 15 some people were doing two different things at two 16 different times of the week, so they were getting double 17 counted. 18 It's impossible at this time to say how many 19 artifacts were found, but there were literally in the 20 thousands. These are all back in Austin now and will be 21 worked over this next year at the archaeology research 22 laboratory there. They consist primarily of flint tools 23 and points. What most people would call arrowheads, but 24 they're really spear points, but arrowheads also, and 25 flint knives, etcetera. 17 1 This particular site had been occupied 2 intermittently over the last 7300 years according to our 3 radiocarbon dates we've received there by peoples that 4 came in, camped, hunted game, used the native plants, 5 and then moved on. And then, of course, they left a lot 6 of things behind them and which eventually became 7 covered up with multiple floods of the Guadalupe River 8 putting silt over those deposits. 9 The facilities for the school where people 10 stayed was many and varied, but the most people stayed 11 at River Star Park and Flat Rock Creek Park. And so my 12 thanks to the Commissioners, especially Commissioner 13 Moser, for really working with us to put us in contact 14 with the River Star Park people, but also to all the 15 Commissioners for letting the school use the Flat Rock 16 Lake Park. 17 So the operations went on during the day 18 beginning at 7:00 and until 1:00, and then everybody 19 went to their respective sleeping areas. And then there 20 was a program every night at the River Star Park which 21 included PowerPoints of archaeological sites here in 22 Kerr County. It -- one night there was a dance with a 23 local band. There was a public night which the papers 24 advertised very well where non-members of the TAS could 25 come and listen to the chief archaeologist for the whole 18 1 field school talk about the week and the findings of the 2 week. 3 And then there was an artifact 4 identification. So there were a lot of people that came 5 out here. And Commissioner Moser, I think, can attest 6 to that because he and his wife Jenny were there. But 7 people were from all over the County and some outside of 8 the County that brought their artifacts for qualified 9 professional and/or advocationals to identify. So that 10 went really well. 11 And I think that's -- that's going to 12 summarize it pretty well. I think I went over my three 13 minutes. But anybody that knows me knows I can't talk 14 less than three minutes. 15 COMMISSIONER MOSER: Any thoughts for next 16 year? 17 MR. STOUTAMIRE: Yes. Thank you. Thank 18 you. The owner has -- has agreed to have it again next 19 year. TAS definitely wants to have it. So it will be 20 here again next year. But we -- we identified a few 21 hiccups in the whole process, which I think we will be 22 able to work out and make it an even better one next 23 year. 24 Hopefully, we'll have more participants. 25 Hopefully we'll have a lot of this COVID stuff more 19 1 behind us. And that's -- that's the only thing we think 2 that kept people back this year. 3 COMMISSIONER MOSER: Very good. Super, 4 super, super. 5 JUDGE KELLY: Any questions? 6 MR. STOUTAMIRE: Thank you. 7 JUDGE KELLY: Thank you. We really 8 appreciate it. 9 COMMISSIONER MOSER: Thanks, Steve. Good 10 job. 11 JUDGE KELLY: And for those of you who have 12 watched what we're doing as we juggle this agenda this 13 morning, whether you're on YouTube or here in person, 14 we've got over two dozen people here on the Center Point 15 issue that are in the courtroom or are waiting outside. 16 And we did the Historical Society first and we did the 17 Archaeological Society because they -- they arranged 18 with us long ago to set aside today to appear. So we're 19 trying to accommodate their schedules. 20 We've got two other quick things that we 21 need to address that are very important also before we 22 get to the Center Point issue, and that is Item 1.3, 23 which is to consider, discuss and take appropriate 24 action on a request from the Texas Hill Country Chapter 25 of the Texas Master Naturalists and the Kerrville 20 1 Chapter of the Native Plant Society of Texas to approve 2 their Courthouse Garden Expansion Proposal. 3 For those of you who don't know who these 4 ladies are, they've worked outside this courthouse all 5 the time. I see them here constantly it seems like, 6 taking care of the grounds and to promote native plants 7 here at the courthouse. 8 MS. KING: Every Tuesday. 9 JUDGE KELLY: Yeah. So Ms. King. 10 MS. KING: Okay. Thank you very much. 11 Thank you for your time. I'm Alice King. I'm a 12 volunteer with the Texas Master Naturalists Hill Country 13 Chapter. I have with me Pam Lienhard, Robin Hale, 14 Teresa Coleman who is here somewhere. Also volunteers 15 with the Texas Master Naturalists and with the Kerrville 16 Chapter of the Texas Native Plant Society. 17 Master Naturalists are sponsored by Texas 18 Parks and Wildlife and A&M AgriLife Extension. Native 19 Plant Society has been active here in Kerrville for 25 20 years, more than 25 years. And volunteers from these 21 organizations have contributed thousands and thousands 22 of hours, conservation and preservation efforts of the 23 Hill Country and Kerr County. 24 We volunteer at state parks, natural areas, 25 archaeological sites, wildlife management areas. Here 21 1 in Kerrville, we support the Riverside Nature Center and 2 the Kerrville Schreiner City Park, among other things 3 and also here, the pollinator garden here at the 4 courthouse. 5 The pollinator garden was established in 6 2016 with native plants that support our native 7 pollinators. It's now mature. I think we can say it's 8 a great success. When we are working, we get lots of 9 compliments from people passing by. We're very pleased. 10 So we have a proposal to expand native 11 plants around the perimeter or the front. But if you'll 12 bear with us one second, we want to share with you our 13 vision for what the courthouse grounds as a whole could 14 look like. 15 I think we all believe, we all agree that 16 the Texas Hill Country is one of the most, if not the 17 most, beautiful places in -- on the planet. It's one of 18 the most unique places. People flock here from 19 everywhere to see the natural beauty of this place. 20 Somehow though, the courthouse grounds are 21 fairly well dominated by plants from other continents. 22 So we'd like to see that transition overall to natives. 23 It would be remarkably beautiful. It would celebrate 24 this place. In that regard, we would especially like to 25 see this at the Veterans Memorial. Also, native plants 22 1 are easier to care for and they support our birds, our 2 pollinators, our beneficial insects. 3 So our proposal today is a step in that 4 direction. We'd like to work with the County to remove 5 invasive non-native Nandina in the certain place we have 6 outlined in our proposal. We plan to implement low 7 growing shrubs and flowering plants that will bloom in 8 our state -- in national colors, red, white, and blue. 9 So that's all the commentary I have. We 10 want to answer any questions or if you would like us to 11 walk through the proposal, we're happy to. 12 COMMISSIONER LETZ: The only comment -- I 13 think it's a great idea. But the only comment I have is 14 that there is a plan probably several years down the 15 road to do a major facelift of the courthouse square. 16 And a lot of that -- I hate for, you know, a 17 lot of effort, and I want to make sure that y'all are 18 aware, that a lot of that may have to get removed during 19 that -- some of that construction and redone again, and 20 that may or may not happen. I'm not sure when it comes 21 to a bond issue. 22 But that is -- and it's probably -- time 23 issue would be sometime in the next 24 months, probably 24 in the, you know, next 12 months. 25 JUDGE KELLY: It's November 22. 23 1 COMMISSIONER LETZ: November 22. So anyway, 2 I just want y'all to be aware of that. I mean, I think 3 it's a long-term direction that the plants go -- should 4 go with natives. But it's in the short term -- we'd 5 love to see it done, but I'm not sure how long it would 6 last. It certainly would be there a couple years. 7 MS. KING: Yeah. I mean, I think we're 8 willing to -- I guess we could change this a little bit. 9 We think what we have come up with will fit in with 10 anybody's ultimate plan. It will be beautiful. And, 11 you know, we'll have to see how things unfold but, you 12 know, we're aware of those plans, so thank you. 13 COMMISSIONER LETZ: Okay. And I'll be -- 14 I'll be glad to meet with you one-on-one and kind of 15 give you an idea so the beds that are going to be the 16 most impacted by the current plan. 17 MS. KING: Okay. 18 COMMISSIONER HARRIS: Well, I know -- 19 because I've talked with these ladies quite a bit about 20 this but -- and mainly we're looking at this east side 21 by the door back here that wraps around to the front 22 door. 23 COMMISSIONER LETZ: Right. 24 COMMISSIONER HARRIS: It's that. And it -- 25 it needs upgrading. 24 1 COMMISSIONER LETZ: Definitely needs it. 2 COMMISSIONER BELEW: Well, I'm against 3 taking the trees down. 4 COMMISSIONER HARRIS: No, we're not talking 5 about trees. 6 COMMISSIONER MOSER: It's Nandina. 7 COMMISSIONER BELEW: It appears from what 8 they have circled here that the trees would come down. 9 Did I misunderstand that? 10 COMMISSIONER HARRIS: No. 11 MS. KING: Well, I've circled -- so we 12 have -- we have a mature Yaupon Holly that we'd like to 13 leave there. There's a tree over here that's 14 non-native. We don't really know what it is. We're -- 15 we can go either way on that. We can leave it. 16 COMMISSIONER BELEW: It -- it provides 17 shade. It doesn't matter what it is. 18 MS. KING: Okay. So if we want -- you know, 19 that's the decision -- 20 COMMISSIONER HARRIS: It's about as tall as 21 you and I. We'd have to lay down to get -- 22 COMMISSIONER BELEW: Well, you're a little 23 shorter than I am. 24 COMMISSIONER HARRIS: Tom and I can get 25 under that thing. 25 1 (Laughter.) 2 COMMISSIONER BELEW: Anything that provides 3 shade is what I'm talking about. What I'm looking at 4 here, I don't know if this is an error in the circling 5 of it, but it looks like it goes all the way up to the 6 top of the tree -- 7 MS. KING: Yeah. 8 COMMISSIONER BELEW: -- in your color 9 coding. 10 MS. KING: Right. So that -- 11 COMMISSIONER BELEW: It takes in two trees 12 there. Those are trees that provide shade. 13 MS. KING: There's a pecan that we love. 14 There's one that we question. But again, if -- you 15 know, if you want to leave it there we don't have a 16 problem. We agree, a mature tree is a valuable one. 17 COMMISSIONER HARRIS: And these are the ones 18 right next to the door. 19 COMMISSIONER BELEW: All you have to do is 20 go out to the HEB parking lot and see how important the 21 shade is. They're parked all the way at the end just to 22 get to the shade. 23 MS. LIENHARD: (Inaudible.) 24 THE REPORTER: Excuse me, I can't hear you. 25 COMMISSIONER BELEW: She can't understand 26 1 you. 2 MS. LIENHARD: I'm sorry. 3 JUDGE KELLY: You can take your mask off if 4 you want to. 5 MS. LIENHARD: Well, I just want to say that 6 the Native Plant Society is well aware of that and we're 7 working with HEB starting at their Laity Lodge to 8 start -- 9 COMMISSIONER BELEW: No, I don't care about 10 HEB. That's just a -- 11 MS. LIENHARD: No, no, no. I know. It's -- 12 I understand it's a widespread problem. And the other 13 issue with this tree is not only is it not native, but I 14 think it's a danger to the foundation, the structure of 15 the building. It was planted too close to the building. 16 And you know, we've -- if you're not concerned about 17 that, we are. You know, that it's going to continue to 18 be a problem. And, you know, better to address that 19 problem sooner rather than later. 20 And there are a lot of beautiful pecan 21 trees, native pecan trees out here that do provide lots 22 of shade, and we're all for trees, so -- 23 THE REPORTER: Excuse me, what is your name? 24 MS. LIENHARD: Pamela Lienhard. 25 THE REPORTER: Thank you. 27 1 COMMISSIONER MOSER: Pam, y'all have done a 2 great job. Thank you. 3 JUDGE KELLY: And I want to clarify 4 something so that everybody who is watching and here in 5 the courtroom, this many people hearing this, so that 6 you understand. We have a capital improvement planning 7 committee that is working on -- and we have a designated 8 representative of that committee, that is working on the 9 courthouse grounds. And so we're going to want y'all to 10 coordinate with them. 11 And they relied on a -- there was actually a 12 courthouse grounds committee that made some 13 recommendations to them. So what we want to do at this 14 point is, we appreciate everything you're doing and we 15 accept your program, but we need to make sure that the 16 right hand and the left hands and the right feet and the 17 left feet all work together in the same direction. 18 MS. LIENHARD: We have tried to have some 19 input, and it's just input, in this committee and so far 20 haven't been able to make any inroads. So we appreciate 21 the fact that you're inviting us to do that. And thank 22 you. 23 JUDGE KELLY: If I can't open the door, no 24 one will. 25 MS. LIENHARD: And we sure look forward to 28 1 meeting all of the -- 2 COMMISSIONER HARRIS: You will be in the 3 loop. 4 MS. LIENHARD: -- for us to meet with you. 5 Because we're aware of that plan, we're aware of that 6 plan down the road. We think what -- our plan would 7 probably not affect the greater plans for relandscaping 8 of the courthouse. 9 JUDGE KELLY: And to put some timeframe on 10 it. What we're looking at here is you're talking about 11 doing an immediate program, which is particularly 12 welcomed. Specifically welcomed. In terms of the 13 planning that's going on with the capital improvements 14 around the courthouse and what we're going to have to do 15 here for security purposes and these other things, all 16 that's going to be need to be coordinated and that's 17 probably going to be place -- if the bond issue is in 18 November of '22, we're probably not going to get around 19 to doing much of anything probably until '23. So we've 20 got plenty of time. 21 COMMISSIONER LETZ: The tree you're talking 22 about is Viburnum. 23 MS. KING: Viburnum? 24 COMMISSIONER LETZ: Viburnum. 25 MS. KING: Mine's Nandina. 29 1 COMMISSIONER LETZ: Yeah, the Nandina is 2 good to go. Viburnum, I really -- sorry, Commissioner, 3 but I agree with them that from -- the location of the 4 tree is not real good. 5 COMMISSIONER BELEW: Well, that's a 6 different matter. 7 COMMISSIONER LETZ: Right. 8 COMMISSIONER BELEW: You're talking about 9 beautification versus structural damage. 10 COMMISSIONER LETZ: Yeah. Right. 11 COMMISSIONER BELEW: And if it gets into 12 structural damage, there's no question. Or if a tree is 13 dead or is a possible threat of falling on the 14 building -- 15 COMMISSIONER LETZ: Right. 16 COMMISSIONER BELEW: -- then I -- I'm all 17 for that. But just because we don't like the looks of 18 it, there are probably some people in this room that 19 aren't native Texas either so. And I don't hold 20 anything against them that they're not a native to 21 Texas. You do your service as does the shade tree. 22 MS. KING: We -- we think they're beautiful. 23 What we're saying is that non-native plants are not 24 necessarily beautiful. We welcome all the people that 25 come here. 30 1 COMMISSIONER BELEW: Again, I'm just making 2 a point. 3 MS. KING: Yeah. You have -- 4 COMMISSIONER BELEW: It's not about the 5 Yankees here, it's about making a point. 6 MS. KING: I want -- I want to make one more 7 statement if I could. You probably know a lot more 8 about native plants, but we were here last -- we work 9 every Tuesday out here unless it's raining. We were out 10 here last Tuesday and happened to meet two of the 11 maintenance staff who were pulling out some large shrubs 12 on the other side of the courthouse that froze during 13 this winter event we had. Do you know how many plants 14 we lost in our garden? 15 COMMISSIONER MOSER: None. 16 MS. KING: All native? 17 COMMISSIONER MOSER: None. 18 MS. KING: Zero. Yeah. So we had nothing 19 to pull out. Nothing to replant at all. So there's a 20 lot to be said. 21 COMMISSIONER MOSER: And your little signs 22 on there show what plants are what are very helpful. 23 MS. KING: We try to educate as part of -- 24 COMMISSIONER MOSER: Thank you. 25 MS. KING: -- as part of our mission. 31 1 COMMISSIONER MOSER: Thank you, ladies. 2 MS. KING: Thank you. 3 JUDGE KELLY: Thank you. We appreciate it. 4 I've got one more that was scheduled in 5 advance. Let's take this pretty quickly. It's 1.4 6 consider, discuss and take appropriate action regarding 7 the purchase of signs that detect wildlife for use 8 throughout the county. Do we have anybody here to speak 9 on that? 10 COMMISSIONER HARRIS: Could you check 11 outside? 12 JUDGE KELLY: Ray Langehennig. 13 COMMISSIONER HARRIS: One of my former 14 students. 15 JUDGE KELLY: I was wondering how to say it. 16 COMMISSIONER HARRIS: Yeah. 17 JUDGE KELLY: I moved here from West Texas. 18 I can handle Hispanic names really well. This German, 19 I'm learning. All right. Pass over that. Oh, here we 20 go. 21 Okay. So for the folks at home, I want to 22 let you know what we're doing here. We've got over a 23 couple dozen, two dozen plus, people here that want to 24 listen to the status report on Center Point Village. 25 Before we do that, we have an addendum to 32 1 our agenda, which is Item 1.29, which is about the 2 subdivision rules that Commissioner Moser asked that we 3 take first because it may help explain some of the 4 questions that the public has. 5 And so at this time I'm going to call Item 6 1.29, which is information regarding Kerr County 7 Subdivision Rules and Regulations and options associated 8 therewith. And we've got Commissioner Moser and 9 Commissioner Letz. 10 COMMISSIONER MOSER: Thank you, Judge. I 11 thought it would be good just to let everybody be on the 12 same page of what the County can and cannot do regarding 13 subdivisions. Our subdivision regulations are on our 14 website so they're available for anybody. A lot of 15 people don't go to the website and read all of the 16 details because they're very long and entailed. So I'm 17 going to try and summarize real quickly just -- 18 hopefully, as issues comes up, it will kind of put it in 19 perspective of what the Commissioners' Court can and 20 cannot do. 21 The County is authorized by the State to 22 regulate subdivisions. Number one. The standards are 23 in this, plats are required for a proposed subdivision. 24 They must include storm drainage, floodplain adherence 25 and roads. Quarter acre lots are allowed. Smaller lots 33 1 may be considered by the Court. 2 Water must meet State requirements in a 3 subdivision and be demonstrated to have that water 4 availability. Wastewater must meet State requirements, 5 and septic systems must meet State requirements. So 6 these are things we don't have flexibility. 7 For some of you here, the Court -- 8 Commissioners' Court can only do what's authorized by 9 the State Legislature, period. We can't pass 10 ordinances, we can't do anything like the cities can. 11 So we're limited in a lot of things that we can and 12 cannot do. Limited to a lot of things we cannot do. 13 As far as platting is concerned, concept 14 plans are optional. And that means if somebody wants to 15 form a subdivision before they spend a lot of money on 16 engineering, they can come in with a hand-drawn concept 17 of what they want to do, what they plan to do, how they 18 plan to do it, they meet with Charlie Hastings, our 19 subdivision guru, okay, Administrator and say yeah, that 20 looks like you can do it. Now go and do your detailed 21 engineering, then come back with a final plat which has 22 all the detailed engineering related to the water -- 23 everything I mentioned before, water, septic, 24 floodplain, etc., etc., and storm drainage. 25 Once that is presented to the Court, we have 34 1 ten days to review it. Okay. And then we can -- we can 2 approve it -- approve it with conditions or disapprove 3 it. And anything that we do has to be cited, and I'll 4 get the County Attorney to correct me here if I'm wrong, 5 but is we have to cite the reason per State Law that 6 we're disapproving it. And if we take no action 7 whatsoever for 30 days, it becomes approved. 8 So that's a very quick summary. I thought 9 it would just help lay the groundwork of what we, the 10 Court, can and cannot do. Lots of things we can't do, 11 we'd like to do. Okay. But we can't. So with that, 12 Judge, thank you. 13 COMMISSIONER LETZ: I think I'll make one 14 comment on that. And this is a confusing part of our 15 rules. There's a section they call Model Subdivision 16 Rules. And it applies to any lot that's less than five 17 acres. Those rules conflict with some of our other 18 rules but they take precedent. So when we say -- the 19 way we did the water availability table, that does not 20 apply here because of the Model Subdivision Rules. The 21 Model Subdivision Rules clearly state in the first 22 sentence that if there's any conflict, these are the 23 rules that must be followed by law. 24 So -- and that's -- it is confusing because 25 there -- the rules are contradictory and if you miss 35 1 that one sentence then you really get confused. But 2 there are -- the Model Subdivision Rules are really what 3 apply for most of the -- a lot of the issues in Center 4 Point Village. 5 COMMISSIONER BELEW: I would say this, too, 6 that Commissioner Moser said that we're restricted to 7 what the State says we can do. We're required to do 8 what the State says. So it's both things. They go 9 together. We're required to do what the State says to 10 do, so we can't go beyond what's written. And we're 11 required by law to enforce what's written. 12 COMMISSIONER MOSER: Thank you, Judge. 13 JUDGE KELLY: Now, before I ask for people 14 that want to speak to go to the podium, let's go ahead 15 and call 1.15 so that we have both topics before this 16 audience. And that is, consider, discuss and take 17 appropriate action regarding the status of the Center 18 Point Village project. 19 Now, Alicia Bell requested this, is she 20 here? Does she want to address this first? 21 MS. BELL: I'm here. 22 JUDGE KELLY: If you would, state your name. 23 MS. BELL: Alicia Bell. 24 JUDGE KELLY: And where do you live? 25 MS. BELL: 6473 Highway 27 in Center Point. 36 1 JUDGE KELLY: Okay. And we try to limit 2 these -- since we have so many people, we limit it to 3 three minutes. So I'm going to go ahead and set the 4 timer but you can go ahead and start. 5 COMMISSIONER HARRIS: One thing I might say, 6 so speak up loudly in the speakers up here. 7 MS. BELL: Okay. 8 JUDGE KELLY: Speak right into that 9 microphone, that camera. 10 MS. BELL: I was -- you know, I'm relatively 11 new to the area. Just moved here in October. Currently 12 looking for a place to live. But wondering if this 13 village as being as large as it's planned is a wise 14 decision to totally change the population of Center 15 Point. 16 I tried to find the population of what 17 Center Point is, and I really couldn't find one. I'm 18 not sure why. We've already had a census, so I don't 19 know why there's no population. But wouldn't that be 20 increasing the population by three times the amount? Is 21 that wise? Is there enough water to deal with that? 22 How are the schools going to -- how is the school going 23 to deal with an influx of children? 24 COMMISSIONER MOSER: Let me comment. 25 MS. BELL: And it will totally change the -- 37 1 COMMISSIONER MOSER: And I've had a lot of 2 calls against Center Point Village and for Center Point 3 Village. And as I stated earlier, and Commissioner Letz 4 can comment on this, the developer, the proposed 5 developer has to prove water availability by drilling a 6 well and going through the procedures to meet State 7 requirements to show that there is water available for 8 "X" number of years for a population like that for that 9 area. Okay. So that's it. Okay. 10 The -- you know, and that that's something's 11 done. I think we've had -- 12 COMMISSIONER LETZ: Commissioner Moser, let 13 me comment on that. It's actually Aqua Texas. The 14 developer provides that information to Aqua Texas and 15 Aqua Texas who will be the water provider is the one 16 that -- 17 COMMISSIONER BELEW: Or whichever water 18 provider. 19 COMMISSIONER LETZ: Yeah, but Aqua Texas is 20 the one that they're working with. 21 COMMISSIONER MOSER: The water has to be 22 shown to be approved. Whether it's -- Center Point 23 Village is Aqua Texas, Verde Creek Ranch is not Aqua 24 Texas. But that's a different issue. I don't want to 25 get off into that. 38 1 And -- and we have had several meetings 2 where we've discussed concept and preliminary plans and 3 things like that. We've had Headwaters Groundwater 4 there, we've had UGRA there, we've -- Headwater 5 Groundwater looking at water availability as they best 6 understood it then. Understand what they're going to 7 do. 8 We've had the sewer system -- central sewer 9 system people there from WCID #1 from Comfort. We've 10 had Superintendent of Schools from Center Point there; 11 not to make decisions, but just to contribute to the 12 conversation. 13 So I think we've had about four meetings 14 like that, and I've had two town hall meetings on this 15 subject. So, you know, we're trying to keep everybody 16 informed. Nothing has been approved. Only a concept 17 has been approved. So it's back to what I said. The 18 developer has to come back to the Court and present all 19 this information. And then the Court, as I said, acts 20 within ten days and says why one way or another. 21 JUDGE KELLY: Now, Miss Bell, your time -- 22 we paused the time when we're talking, but you still 23 have some time. But what I want to clarify about this 24 Aqua Texas is, they provide a letter to us guaranteeing 25 that they can supply water to that subdivision for 30 39 1 years. And if they do that, then they've met their 2 water requirement. It's not all that difficult. And 3 Aqua Texas is the one doing the Center Point Village. 4 COMMISSIONER BELEW: And from whatever 5 source, wherever they can get it. 6 JUDGE KELLY: Right. 7 COMMISSIONER BELEW: Their own -- they're 8 supplying it for 30 years. 9 JUDGE KELLY: That's right. And they're 10 obligated. 11 COMMISSIONER LETZ: The answer to one of 12 your other questions about the population. Center Point 13 is not incorporated. It used to be incorporated and if 14 it was still incorporated it would be a whole different 15 thing possibly to deal with this, but that's a different 16 topic. But because it's not incorporated, the 17 population of Center Point is included in the County 18 population. It is not -- because of the lack of 19 incorporation. 20 JUDGE KELLY: It's not segregated. 21 COMMISSIONER LETZ: That's the reason. 22 MS. BELL: I also wanted to comment on 23 people move to rural areas because they want to be in 24 rural areas and not live around a ton of people. I'm a 25 country girl. Grew up in the country. I don't like to 40 1 live around a whole lot of people. I picked a small 2 town. I picked, you know, around Kerrville. It was a 3 small city. That's -- and Center Point is small. This 4 is -- I think this will change the city dramatically. 5 It'll change traffic. It'll -- it will no longer be 6 like a rural community. 7 JUDGE KELLY: Allow me to address that for 8 you. I've been up in the Hill Country now for well over 9 30 years. And one of the things I learned about my 10 lifestyle, if I don't own that property next door, I 11 have no -- no say in what they're going to do in the 12 county. 13 We do not have regulatory authority. We do 14 not have zoning authority. There's nothing the County 15 can do. If you own your land, you're entitled to use 16 your land as long as it's a legal use. That's just 17 something to remember. 18 MS. BELL: All right. Thank you. 19 COMMISSIONER MOSER: Thank you, Alicia. 20 JUDGE KELLY: Okay. At this time I'm going 21 to ask -- I think there may be questions or there may be 22 comments that you want to make. But the podium is now 23 open for anybody that would like to address this Court 24 or ask questions of us. I'll ask you to identify 25 yourself, where you live. Right after this lady here. 41 1 And we're going to limit your time to three minutes. 2 MS. BETTAC: Okay. I wish I had a stop 3 watch I could watch. I'm Suzie Bettac, I own a home at 4 7750 Target Hill Road, pretty close to Wilson Creek. 5 I'm an old Kerrville girl. Tivy grad. So I've been 6 around awhile. I think you all need to understand the 7 background of this project. And I'm also a person who, 8 along with Ron Buchert, did a PIA request. 9 There was a lot of talk about how much time 10 and energy went into starting and talking with this 11 developer. The first e-mail -- the first contact we've 12 seen is December the 4th between Gene Williams -- no, 13 Mike Wellborn, excuse me, asking for a meeting on 14 December the 7th. That didn't happen. 15 On December the 8th, Mike Wellborn again 16 asked for a meeting on December the 15th. That meeting 17 happened. 18 After that meeting -- and this goes to 19 Mr. Moser's comments in the newspaper about I'm neither 20 for nor against the project. Mr. Moser's e-mail on 21 December the 16th says, I will do whatever I can to help 22 reach the goal. December 16th. 23 Between December 22nd and January 4th, Mr. 24 Moser was not in town. The next meeting we see is a 25 January 6th request to meet on the 8th. Two meetings at 42 1 this point. Two. January 15th Commissioners' Court 2 met. 3 On January 21st, Mr. Moser's asking the 4 developer, where is your subdivision in New Braunfels? 5 Interestingly, I didn't get any e-mail that tells you 6 where that is. On January 25th, you all met again. Mr. 7 Letz was copied, and supposedly participated in all of 8 this, but I don't have any PIA responses from Mr. Letz. 9 I have one notice that he might be able to make a 10 meeting. 11 I have another one that said he'll try and 12 make the meeting on the 15th, and that on January 15th, 13 he can't make the meeting. Other than that, Mr. Letz 14 doesn't produce any paper in response to my PIA request. 15 And at that point, all I have is -- 16 MRS. STEBBINS: That's not true.(Sotto 17 voce.) 18 MS. BETTAC: -- where he's copied on 19 everything. So you were in the loop, but it doesn't 20 look like you really participated in that loop. I 21 wonder why -- and this is the one that really, really 22 bothered me. In trying to promote this project, Mr. 23 Moser is -- is suggesting to the developer that he use 24 the County PR Department to help get out the word. 25 That's not the job of the County PR Department. That's 43 1 not how our tax dollars oughta be used in this County. 2 It's not up to Commissioners' Court to pitch a project; 3 it's up to the developer. So thank you very much. 4 COMMISSIONER MOSER: Thank you. 5 COMMISSIONER BELEW: Well, let me say 6 something about the public relations part of it. It's 7 not to promote something. It's to get the information 8 out so everybody in this room knows. That's what that's 9 for. It's not to promote anything. 10 MS. BETTAC: Would you like me to read the 11 e-mail? 12 COMMISSIONER BELEW: Did you -- no, I'd like 13 you to read the press release. If you have the press 14 release then you'd see what the point is. 15 MS. BETTAC: Would you like me to read what 16 Mr. Moser was proposing to the developer? 17 COMMISSIONER BELEW: No. You're -- you're 18 misunderstanding my point. I want everybody to 19 understand what the public relations department does 20 here is just gets information out to people about where 21 there's going to be a town hall, what's going on. We're 22 not promoting something. 23 MS. BETTAC: Would you like me to read the 24 e-mail from Mr. Moser? 25 COMMISSIONER BELEW: That's -- the e-mail 44 1 from Mr. Moser is different than what the public 2 relations department does. I'm trying to distinguish 3 the difference, so everybody knows we're not promoting 4 anything through the public relations of the County. 5 MS. BETTAC: I'm trying to convey what 6 Mr. Moser was telling the developer he would do. 7 COMMISSIONER BELEW: I understand that. But 8 that's a different matter than the public relations and 9 what actually went out there. It's informational. I 10 don't want anybody to get the wrong idea about what the 11 public relations department does. 12 If you can produce a public relations press 13 release that says we promote this, then that would be 14 sort of the point you're making. I don't want to 15 mislead the public about this. 16 COMMISSIONER LETZ: Just a comment. Just so 17 everyone knows. I think I attended two meetings. I 18 can't remember exactly on this. I get lots of e-mails. 19 I reply to very few. I kind of get copied. This is 20 Commissioner Moser's precinct. 21 I attended the meetings primarily because 22 I'm very familiar with the subdivision rules and I gave 23 some input at the meetings. 24 I went through all of my personal e-mails, 25 of which you were provided some of them, and -- or any 45 1 of them that were related to this, and all of my County 2 e-mails. The County IT Department went through and 3 provided you copies of all those. So -- and I think 4 with all my texts as well. So -- and I deal a lot on 5 the telephone when I'm talking generally with the 6 subdivision administrator, and I'm setting up meetings, 7 it's a whole lot more efficient for me to call and say 8 here's some times I have, I can make it or not make it. 9 So you've got copies of all the e-mails, 10 both personal and off the County -- my County computer 11 related to this topic. 12 MR. BUCHERT: Good morning. 13 JUDGE KELLY: Anybody that wants to speak, 14 you need to raise your hand so I can acknowledge you so 15 we can -- 16 MR. BUCHERT: Sorry. 17 JUDGE KELLY: -- do it in an orderly way. 18 It's all right. Please identify yourself. 19 MR. BUCHERT: Hi. I guess since I'm not a 20 native, I didn't realize that. I'm sorry. But I got 21 here as soon as I could, right? 22 JUDGE KELLY: We're going to teach you how 23 to say y'all. 24 MR. BUCHERT: Yeah. Well, I was brought up 25 in New Orleans. Don't mistake me from being from the 46 1 Bronx because I get accused of that a lot. 2 JUDGE KELLY: Yeah. 3 COMMISSIONER MOSER: And we probably don't 4 say New Orleans correctly either. 5 MR. BUCHERT: You -- you don't. It's not 6 New Orleans, it's New Orleans. 7 First my name is Ron Buchert, and we have a 8 home on Dove Valley Drive, my wife and I, Janet. And 9 we've been in the area for ten years. There are many 10 sayings about how this project developed, and we can get 11 into the notification of the people in Center Point 12 about what is going on. 13 I think the main issue has always been the 14 water issue. And, you know, I know you all are going to 15 be speaking about the Model Subdivision Rules here 16 shortly, but I think the Model Subdivision Rules are 17 pretty explicit and I think that's why people are -- are 18 upset about what's being done here. 19 And I think if you were to do anything to 20 those Model Subdivision Rules is just stuck by the rules 21 and add one more rule. And that is, there should be no 22 high density subdivisions in priority groundwater 23 management areas. I mean, it's a finite resource. And 24 you're going to put all these people in that one area. 25 And it -- it's going to run out one day. 47 1 And you know, how many people is this County 2 going to be able to support through its resources? 3 That's a long-term issue. There are a lot of other 4 places where there's high density subdivisions. That's 5 right here. And everything is here. The infrastructure 6 is here. Police, fire, medical. Everything is here. 7 Now getting to the PIA that Suzie and I were 8 involved in. There -- there have been comments that 9 these discussions were going on for four months prior to 10 it being introduced in January. But like Suzie said, 11 there wasn't anything until December 6 regarding the 12 discussion of the project. 13 In addition, there was -- there was 14 absolutely nothing in there discussing who Eden Farms 15 and Brandon Namken was. So I -- I don't know if any due 16 diligence was done at all looking into that -- that 17 LL -- Eden Farms Limited or Mr. Namken. 18 There's a lot of time, which means a lot of 19 money that went into discussions with this -- this 20 person and, you know, money that paying our engineer, 21 and other people to be involved in this. I would have 22 thought, and I don't know, maybe all this -- maybe what 23 I'm about to tell you is known, I don't know. It's 24 certainly not indicated in any of the documents that 25 we -- we have recovered from the PIA. 48 1 But you know, Mr. Namken came to y'all and 2 said that he was involved in these projects, that they 3 had partnered up with Eden Farms. And he named some 4 locations, and personally going to -- when you go online 5 and look at those locations, there's nothing that he's 6 done that is -- 7 (Timer sounding.) 8 MR. BUCHERT: -- similar to what's going to 9 be done here. Now he -- in Buda, he was involved in 10 platting a subdivision, but it appears that that 11 subdivision has been developed by Perry Homes. And the 12 subdivision that you went to, I believe in Gruene, Mr. 13 Moser? 14 COMMISSIONER MOSER: Uh-huh. Uh-huh. 15 MR. BUCHERT: That's an interesting 16 subdivision and it's interesting that he sent that to 17 you. 18 JUDGE KELLY: Mr. Buchert, your time is up. 19 MR. BUCHERT: Okay. 20 JUDGE KELLY: I'm trying to give everybody 21 an opportunity. 22 UNIDENTIFIED VOICE: I'll give him my three 23 minutes. 24 JUDGE KELLY: He can have it? 25 UNIDENTIFIED VOICE: I signed up. Yes. 49 1 JUDGE KELLY: Okay. 2 MR. BUCHERT: All right. The -- you will be 3 receiving this information from Mr. Mosty. But Brandon 4 in 2015 was involved in that development out there. 5 There have been three significant lawsuits against Mr. 6 Namken. I don't know if y'all are familiar with this. 7 And you know, he -- he -- he filed for 8 Chapter 7 bankruptcy, and a lot of people in business 9 end up doing something like that. And I get that. 10 But these are three suits that went -- just 11 went to the United States Bankruptcy Court For the 12 Western District of Texas, San Antonio Division, the 13 Honorable Craig A. Gargotta. And they ruled in all 14 three cases to a total of about 1.1 million dollars, 15 including the attorney fees. 16 And they ruled that these -- the -- that 17 the -- I can't remember the term, but it's -- he ruled 18 in favor of the Plaintiffs. And these Plaintiffs in 19 their pleas to the Court, these are the things that were 20 discussed and brought up to the Judge's attention. 21 We're talking fraud, embezzlement, forgery, 22 misapplication of fiduciary funds, and out and out 23 theft. There is a list of creditors in that area, in 24 New Braunfels, that's probably ten pages long. 25 But these three people to the tune of about 50 1 1.1 million dollars, non-dischargeable, that's the term 2 I was looking for, in the bankruptcy. 3 Non-dischargeable. That means the Judge believed what 4 these people were saying. 5 Now, I don't know what -- where that suit -- 6 whether or not he's paid off that -- those judgments or 7 not. If he has, I sure would like to know about that. 8 I don't know. Within a month of the last judgment, he 9 opened up a new company called C-Ray. And that's what I 10 believe he's been functioning under here. 11 So I don't know if you all knew that. I'm 12 not here to embarrass anybody, but I think it's 13 important that there should be scrutiny on who we do 14 business with in this County and, you know, I just hope 15 that you all take appropriate action if you're not aware 16 of what this man has been involved in. You will get the 17 full reports from Mr. Mosty. That's all I have to say. 18 JUDGE KELLY: Thank you, Mr. Buchert. 19 COMMISSIONER MOSER: Thank you. 20 JUDGE KELLY: Yes, sir. You've been trying 21 for a long time. 22 MR. REXACH: I'm Joe Rexach, I live on 23 Little Bend Drive, and I'm a transplant. Original El 24 Paso, Washington, California, and then back to wonderful 25 Texas. I appreciate how you started this meeting, aside 51 1 from obviously the prayer and the pledge. 2 But you know, small town, this is what we 3 moved here for. We talked about the history, and we -- 4 and you applaud and you give out awards and you talk 5 about plants and, you know, bringing back the natural 6 vegetation. And then I'm just going to tell you, I 7 would not have transplanted my family into Center Point 8 if I would have known this was being seriously 9 considered. 10 Let's talk about putting some California 11 plants out in your -- out here. It would be equal to 12 what we're dealing with. And you could then argue back 13 with us why is the native plants are so important. We 14 shouldn't have to be here. We talked about -- the ma'am 15 who read the -- we were talking about the PR Department, 16 right? Mr. Moser, you are out PR Department. That 17 e-mail does not represent us. I'm angry. 18 COMMISSIONER MOSER: Were you at the Town 19 Hall Meeting? 20 MR. REXACH: Which one, sir? 21 COMMISSIONER MOSER: Either one of the two 22 town hall meetings? 23 MR. REXACH: I went to one, yes, sir. 24 COMMISSIONER MOSER: Okay. Good. Thank 25 you. Go ahead. 52 1 MR. REXACH: Anyways -- you interrupted my 2 train of thought. 3 COMMISSIONER MOSER: I'm sorry. 4 MR. REXACH: Hopefully that doesn't somehow 5 tarnish what I'm saying. I'm just a regular guy that 6 appreciates what this town is about. And what we've 7 lost, what has happened here, is I'm arguing for 8 something that you should be representing for crying out 9 loud. That's what makes this so difficult for me. You 10 should be telling me that's not appropriate. 11 If I were the -- the developer, or I've got 12 ten acres, I'd like to put in condos. It looks like 13 I've come to the right place. That's what they did to 14 me in California. That's what they did in Washington 15 State. No respect for the -- for the beauty of the 16 community. 17 (Timer sounding.) 18 MR. REXACH: None. And yet you -- you see 19 it here without a doubt. We opened the meeting very 20 clearly that history is important. Center Point has 21 tremendous value to me. We researched where we were 22 going to live, and Center Point and the troopers, and 23 they went their for their vacations. It's still there. 24 Not with this. 25 This is a blemish that if you can't see it, 53 1 we need an eye chart. I mean something basic. We can 2 argue, you know, codes and all of that stuff. But we 3 didn't have to talk about codes and plants, or history. 4 Where are the codes for the history of what's so 5 important here. We all know it. That's why we're here. 6 We're not being represented with this, 7 period. We're not. It's very clear. I don't have to 8 cite a code. I -- I couldn't. Thank you. 9 JUDGE KELLY: Thank you. 10 (Applause.) 11 JUDGE KELLY: Yes, ma'am. 12 MS. RICHARDS: My name is Kristi Richards. 13 I also live on Willow Bend. And I would like to read an 14 e-mail that my friend Suzie referenced. 15 Brandon and Mike, my takeaway from 16 yesterday's meeting was there appears to be a path 17 forward for reaching a much needed goal. I will do 18 whatever I can to help reach the goal. The WCID #1 19 board meeting on January 14th will be a public meeting. 20 Before that meeting, I think it would be good to make 21 the public aware of the proposed Eden project. 22 I could have the County PR person prepare a 23 press release delineating the need, objective plans, 24 benefits, near term challenges, etc. This would be a 25 way to structure the message as opposed to having the 54 1 press be in control. I believe this could get a lot of 2 public support for the project and would be a good thing 3 to have before addressing the WCID Board and 4 Commissioners Court. Your thoughts, Tom. That was 5 December 16th, 2020. 6 Sir, I did attend your town meeting. I 7 attended one, because I didn't know the other one 8 happened. We didn't -- we weren't informed. Even 9 though we're on your e-mail list. You told me at that 10 meeting -- I said, is this going to be a vote that -- 11 obviously, there's some people who disagree with you on 12 this. 13 And you told me that you were voted in and 14 that was my voice. I did not vote for you, sir. I do 15 not think you represent. I also would show you do not 16 represent Kerr -- Center Point. Center Point is a 17 heritage, rich heritage community. 18 Bringing this in -- I know the 19 superintendent disagrees with me. He thinks there's 20 room in the schools. I was a teacher. There is not 21 room in the schools. There's -- I believe you said a 22 hundred spots available in your school district? 23 This is not going to -- this is going to be 24 way more than a hundred children that are going to come 25 into Center Point school district. And as a teacher, I 55 1 would be shocked that you would throw that -- me under 2 the bus saying oh, there's room for us. There's not. 3 This is not a good idea. There is a well -- 4 a way to do it correctly. I had video -- I would love 5 to share video that I took of the water rushing off 6 beside the baseball field. Water. If you add a hundred 7 houses -- three hundred houses, I believe that's the 8 number that you're thinking of adding, that water runoff 9 is going to be amazing, yes. 10 I know this was not a normal water year. 11 But it's going to be crazy what you are going to do to 12 that community by putting that many homes in that 13 condensed area. My water -- I thank God we have not 14 lost our water. But Pat who lived in my home before I 15 did, she did have to dig a deeper well because the water 16 is going to go away. 17 My dad who lives on Swayze Street, he was 18 affected by Aqua, he didn't have water for days. And it 19 wasn't because of the freeze. He was coming to my house 20 to take showers because he couldn't get Aqua out there 21 to fix the water system. Days. He was coming to my 22 house to fill water to take to his home to put in a 23 Berkey to filter because he didn't have water in Center 24 Point. In town. So Aqua is not out for our best 25 interest. 56 1 And the amount of people that are living 2 there now, you throw in 300 homes, I can't imagine. And 3 not to mention the price of these homes that nobody can 4 afford to live in these homes that is workforce housing. 5 So I'm against it. And I -- I would love to know, where 6 do y'all stand on this? I would love to know where -- 7 Commissioner Letz, I've heard you say, nobody's asking 8 what my opinion is of it. I would love to know what 9 each of your opinion is. Would you live in this 10 subdivision? 11 COMMISSIONER LETZ: I've given my opinion 12 several times. I think that condominiums was not the 13 right way to go. But if that's what the developer 14 chooses to do, from the standpoint of financial 15 background, I'm aware of that. Our rules require that 16 he has to put up a financial guarantee for any 17 construction that he does. 18 I think it's too many homes. I think 19 there's -- I don't like the idea that it's RVs, but 20 those aren't my decisions. I have to follow the rules 21 of State Law. And that's what I have to vote on. But 22 personally -- and I've told those of you that have 23 called me and I've met with, you know, I don't like 24 subdivisions. I wouldn't want it near me. But, you 25 know, it's -- it's not my choice on that. My choice is 57 1 to follow the State law and enforce the rules of the 2 County. And that's, you know -- 3 MR. BUCHERT: Let me ask a quick question. 4 Doesn't the State law dictate that they cannot put more 5 than 75 homes on that property? That's what the Model 6 Subdivision Rules say. It's very clear. Am I 7 misstating something? 8 COMMISSIONER BELEW: This is a condo regime, 9 MR. BUCHERT: What does that mean? That 10 still applies? 11 UNIDENTIFIED VOICE: It still applies to 12 this. 13 MR. BUCHERT: So there shouldn't be -- this 14 shouldn't even -- never mind. Never mind. 15 JUDGE KELLY: Yes, sir. 16 MR. BENNETT: I'd like to speak. 17 JUDGE KELLY: Please. And while you're 18 going to the podium, let me thank y'all for being so 19 orderly. I know this is a -- give everybody an 20 opportunity to be heard. 21 MR. BENNETT: My name is Ken Bennett. I 22 live at 300 Willow Bend Road. My property adjoins this 23 Center Point Village about 15 hundred feet. Post well 24 as best as I can estimate is 1303 feet from my well. 25 Gene Williams says that this subdivision can be licensed 58 1 to have 80,000 gallons of water times the 149.5, which 2 is real close to the 12 million gallons a year. 3 The developer said in January 21st, of which 4 I was at, that the main houses can only have 145 gallons 5 a day use. The RVs can have far less than that. At 80 6 percent of the 12 million gallons is a 116 gallons a 7 day. You don't have to be too much of a rocket 8 scientist to understand that 116 gallons a day on an 9 average family of two adults and 2.4 children, that you 10 cannot have that much usage. You have to have much 11 more. 12 The Water District in Comfort, of which we 13 stayed 30 years, said that they have 300 gallons a day 14 that they use. I cannot see possibly how this 15 subdivision can possibly exist. 16 No one talked about the affordable housing, 17 but I've done figures, and with the 300,000 that was 18 supposed to be proposed in January for 1300 square foot 19 will cost $2467.00 a month of payments, with the 20 principal and interest and everything -- escrow. 21 If a person could put down $64,000 that 22 would be the case. If not, you add mortgage insurance 23 of another $167.00 a month to make it $2600.00. A 24 couple would have to have $130,000 plus a month -- or a 25 year interest -- or income to support that. I don't 59 1 think very many people in Kerr County can support that. 2 Is that my time up? 3 JUDGE KELLY: It's not up but -- 4 MR. BENNETT: Okay. I heard some -- 5 JUDGE KELLY: She'll tell ya. 6 MRS. DOWDY: You're okay. 7 MR. BENNETT: Oh, okay. So to reiterate of 8 what I'm talking about, I have played and hunted and 9 fished on that property since 1979. I've been given 10 permission by Namken to go ahead and take some firewood 11 off, which I've done. I've been on the property and 12 taken pictures and shared with our County Engineer the 13 flood that was what, July 5th that we had several inches 14 of rain. The dam that was taken out -- 15 (Timer sounding.) 16 MR. BENNETT: Well, I guess I'm out. But 17 the problem was the soil conservation dam -- 18 JUDGE KELLY: Hold on a second. 19 UNIDENTIFIED VOICE: He can have my three 20 minutes. 21 MR. BENNETT: Okay. 22 JUDGE KELLY: Okay. 23 MR. BENNETT: The soil conservation dam that 24 was built around 1950 was taken out after the 2002 flood 25 that reached 12 to 15 foot -- 18 foot high water and 60 1 washed out across the subdivision down below, next to 2 the baseball field. There was six to eight foot of 3 water coming across that almost immediately. Washed 4 out, was into the Mini Mart up to seven feet -- or four 5 feet, I think, in the Mini Mart. They have a line 6 there. 7 JUDGE KELLY: For those of you that can't 8 see, we have a photographer from the newspaper. 9 MR. BENNETT: I have vested interest because 10 of many, many things. Frank Thomason sold the property 11 to K-MAC(phonetic) in somewhere around February of '19. 12 We saw his son shooting AR-15's up and down the 13 right-of-way and my son and I confronted him and he said 14 oh yeah, my dad and I bought this property. Well, how 15 much did you pay? $548,000 or something of that 16 neighborhood. 17 K-MAC(phonetic) keeps it for 14 months and 18 sells it to Eden Farms for one point something million 19 dollars, puts a fence up, and puts a substandard 20 entrance to the property. That's a pretty sweet deal in 21 anybody's -- double your money in less than 14 months. 22 Something smells terribly of this 23 subdivision being put in, high density. It does not 24 belong on our end of the County. Especially the water. 25 That's the most important thing. The septic, that's 61 1 something different. We're only using 200,000 gallons a 2 day here. They have the capacity for 700,000 gallons, 3 according to the general manager in Comfort. Gene 4 Williams in Headwaters needs to reevaluate the 80,000 5 gallons, especially when we are in such a dropping in 6 the middle Trinity Aquifer. We have to conserve water. 7 This proposal subdivision will turn 8 eventually to HUD Section 8 housing because no one can 9 afford it. Please understand that, Commissioners, when 10 you vote for the final approval. And yes, we will fight 11 this tooth and nail all the way to wherever it needs to 12 be. We have some very deep pockets of which we will 13 utilize to fight this. Please, please consider before 14 you vote. That's all I have to say. 15 JUDGE KELLY: Thank you, Mr. Bennett. 16 What's your name? 17 MR. BUCHERT: She's giving me another three. 18 UNIDENTIFIED VOICE: No, someone else is. 19 MR. BUCHERT: Just quickly. With regard -- 20 with regard to the workforce housing. I mean, we still 21 don't have an idea of what -- what does that mean? What 22 is the income? I know that Killdeer Mountain 23 Manufacturing, they were here, the Executive Vice 24 President talked about the job. And I've heard say 25 they're going to -- they bring hundreds and hundreds of 62 1 jobs. 2 And she mentioned that their -- their 3 salaries were going to be between, I think, 17 and 4 $22,000 a year. And that -- that is the big question 5 why a lot of these people are here. We're hearing -- 6 we're seeing one thing and we hear something else. And 7 there's just no way that's -- that's going to happen. I 8 mean, those people will not be able to afford it unless 9 they put two or three families in the houses at one 10 time. 11 So we -- you know, it's -- it's been a 12 combination of things that have occurred with this whole 13 project. One, how it quickly went down before anybody 14 really knew about it. And I know we had town hall 15 meetings but, quite frankly, those wouldn't have 16 happened if Judge Kelly wouldn't have put his foot down 17 and said hey, we need to talk to the public. That first 18 vote, there wasn't -- 19 COMMISSIONER MOSER: That's incorrect. I 20 initiated the town hall meeting myself. 21 MR. BUCHERT: No, sir. I disagree with you 22 completely. No, sir. We can look at the video and we 23 can read the minutes. That did not happen. That did 24 not happen. In fact, you raised your voice sort of like 25 that, like you just did, to Judge Kelly when we got -- 63 1 we got into that discussion. 2 And I -- Mr. Letz, you said yeah, let's slow 3 this thing down, but you wanted to vote that day. And 4 nobody knew -- for four months you all said you worked 5 on it. And -- and then you came and you wanted to vote 6 that day, and fortunately we were able to get some 7 information out there. 8 And I -- I will say I'm on your e-mail list, 9 too, and I appreciate your -- your notifications, but on 10 that first town hall, I think you've said you've had 11 about 300 people on that list. I got my notification 12 five hours before that -- that meeting. 13 And I -- there just didn't seem a real 14 effort. And contrary to all the tenants of the Kerr -- 15 City of Kerrville Economic Development Plan 2050, which 16 has been mentioned several times during the process of 17 presenting this -- this subdivision, this thing went 18 down against all counts of that thing. 19 There was -- you know, all these meetings, 20 you and Mr. Letz, you all were on the steering 21 committees, and there was all this, you know, talk about 22 getting the community involved. Especially with 23 neighborhood placement and development. 24 Having to -- I don't think they meant having 25 them involved after the plan was already made. I think 64 1 they want involvement before and during the planning, 2 having workshops where people can give input so that you 3 all make the best decisions. And that wasn't done. And 4 there was -- 5 (Timer ringing.) 6 -- they -- also the protection of the 7 communities and our history here in Texas and in this 8 area. So thank you very much. I appreciate y'all 9 tolerating this time here, so -- 10 COMMISSIONER LETZ: Judge, one quick comment 11 about Killdeer Mountain Manufacturing. Their jobs are 12 not 17,000 to 22,000; they're much above that. I just 13 want to clarify that. 14 MR. BUCHERT: Well, I just want to say then 15 was -- whatever was in the paper, that was exactly -- 16 COMMISSIONER MOSER: I think it was 17 to 22 17 dollars per hour. 18 COMMISSIONER LETZ: Per hour. 19 MR. BUCHERT: No, sir. It was 17,000 -- 20 COMMISSIONER MOSER: Well, that was a 21 misquote in the paper then. 22 MR. BUCHERT: Somebody should have seen it. 23 (Talking over) 24 JUDGE KELLY: We don't vouch for the paper. 25 COMMISSIONER MOSER: That's $8.00 an hour. 65 1 That's $8.00 an hour. 2 MR. BUCHERT: Seventeen dollars an hour 3 is -- 4 MS. RICHARDS: Seventeen dollars an hour is 5 $34,000 a year anyway. 6 COMMISSIONER MOSER: Right. Right. 7 MS. RICHARDS: So that's not even enough to 8 have -- 9 (Talking over). 10 (Judge Kelly bangs gavel.) 11 THE REPORTER: Excuse me. 12 JUDGE KELLY: Just a minute. It's 10:15, 13 let's take a five minute break. 14 (Recess.) 15 JUDGE KELLY: Okay. Court will come back to 16 order. We have a quorum. 17 I saw some hands before the break that 18 wanted to speak. 19 MS. POTTER: I wish Commissioner Moser was 20 here. 21 JUDGE KELLY: He'll be back. 22 MS. POTTER: Okay. Can I wait? 23 JUDGE KELLY: Identify yourself and where 24 you live and we can -- 25 MS. POTTER. Kari Potter, 428 China Street 66 1 in Center Point. 2 (Commissioner Moser present.) 3 JUDGE KELLY: You may proceed. 4 MS. POTTER: So I actually signed up on 1.15 5 and 1.29. I don't know if that buys me a little more 6 time. 7 JUDGE KELLY: No, they're both -- they're 8 both called. 9 MS. POTTER: Okay. Both called. All right. 10 So on 1.15 I've been here before. You've heard my dog 11 and pony show, so I won't go into all of that. You know 12 I'm obviously against this development, or development 13 of its kind, I should say. 14 One thing is on 1.15, why is Center Point or 15 East Kerr having to bear the burden of the Kerrville 16 2050 plan? I mean, why is that falling on the backs of 17 the Center Point community? And with that being said, 18 it's going to put a strain on our schools. 19 Cody, I'm sorry. But I think there will be 20 more than a hundred kids come out of that subdivision if 21 it reaches fruition. Traffic is going to be a bear 22 coming out there on 27, one way in, one way out. Our 23 fire and EMS services are already strained. We're 24 already -- you know, our ambulances come from -- from 25 Kerrville. We're not getting anymore of those. And our 67 1 ESD's or the fire department is probably happening 2 because of things like this. 3 So this is not a "not in my backyard" 4 movement on our part. We know that growth is inevitable 5 and it's going to happen. But let's make it responsible 6 and -- and good growth for our community, not just 7 selling out to the -- the lowest bidder. 8 And then getting on to 1.29. I guess my 9 request is, Commissioners, call a workshop. Have a 10 workshop about our Kerr subdivision rules and -- and 11 let's get those firmed up before we start rubber 12 stamping subdivisions right and left. Because we -- 13 there are a lot of things that could be worked out. 14 I know Mr. Moser just said that he met with 15 the WCID and Headwaters and all the other entities. But 16 open it up for -- in this courtroom for us to come in 17 here and hear it ourselves and -- because if you're -- 18 if you start rubber stamping these, then what's going to 19 keep another one from happening, and another one from 20 happening. 21 And in my opinion it's going to really 22 become a headache for East Kerr, which is basically a 23 jewel of our County. I mean, we sit on the Guadalupe. 24 We have the Guadalupe River Valley. We have a brand new 25 sewer system. And I know growth is going to happen, but 68 1 it can be responsible growth. 2 And getting back on the workshop. You guys 3 have had workshops for a lot less important things. 4 You've had budget workshops. You've had HR workshops. 5 And you've had aggregate workshops on our aggregate. 6 JUDGE KELLY: Anybody want to give her more 7 time? 8 UNIDENTIFIED VOICE: I will. 9 JUDGE KELLY: Okay. 10 MS. POTTER: Thank you. So anyway, 11 actually, there -- there will be no oversight of Center 12 Point Village to hold them accountable for doing the 13 things that they're promising. And it's easy to make 14 promises, and then once ground is broken -- and 15 Commissioner Moser, I know at the last town hall, even 16 though the water availability study has not come back 17 yet, you told us in the town hall that they would be 18 breaking ground in a couple of weeks. 19 So do they break ground and then the water 20 availability study comes back, or -- so it just seems 21 like this has been force fed to the citizens of Center 22 Point, and even though it's stated in the paper that 60 23 percent of us are against it and 40 percent are for it, 24 it seems like that 60 percent isn't being heard. 25 And I respect all of you, I'm thankful that 69 1 you can hear us all today, but just please keep in mind 2 that this is going to dictate every other development 3 going forward. Thank you. 4 COMMISSIONER LETZ: A couple comments. Just 5 the point is several of you all have brought up the 2050 6 plan. The 2050 plan was a hundred percent of the City 7 of Kerrville's plan. And they asked several -- myself 8 and I guess Commissioner Moser -- to be on that 9 committee. I think I may have been just -- I don't 10 know, I've done it several times and I've been chair a 11 couple times for some of the committees. 12 And I think -- and I, you know, I appreciate 13 the City reaching out to us and trying to get input. 14 But the -- you know, it needs to be clear that was a 15 City of Kerrville plan; not a Kerr County plan and we 16 never endorsed that plan. 17 MS. POTTER: And I realize -- 18 COMMISSIONER LETZ: And there's a lot of 19 good work went into it and I'm not saying anything bad 20 about it. You know, it's not a County plan. And you 21 had another comment I was going to mention and in my old 22 age away it went. 23 MS. POTTER: Well, I realize that as 24 Commissioners you are all appointed to different boards 25 and so, you know -- and the other thing, I guess, 70 1 Commissioner Letz, just backing up a minute is, when you 2 were talking about, you know, that it was brought 3 forward in the PIA that, you know, you didn't have a 4 whole lot of input on it, but you and Commissioner Moser 5 sit on the Economic Development Committee for the 6 County. You two are at the forefront of all of it. 7 COMMISSIONER LETZ: Yes. 8 MS. POTTER: And so I -- I know these things 9 cross your desk. And so we just need to be -- we need 10 you to just stand up and be firm against it. If you 11 don't like it, vote against it. 12 COMMISSIONER LETZ: This never went to KEDC, 13 and subdivisions generally don't ever go to KEDC. So 14 the fact -- that Board had nothing to do with this 15 subdivision. 16 The other point I was going to mention, as 17 the Judge mentioned, on workshops. We have had over the 18 past two years, three or four subdivision workshops. So 19 we do have them, though we haven't had one recently, 20 largely because the subdivision administrator has been 21 really busy on some other projects. Mainly the sewer 22 project primarily. 23 But we do have them and we do look at them. 24 And we are working on our subdivision rules to try to 25 make them a little bit clearer in some areas. 71 1 MS. POTTER: Well, I will -- I will back up 2 a little bit on that, too. So I know -- I talked to 3 Commissioner Moser at our second town hall about the 4 subdivision rules, and I know you guys were working on 5 some revisions. 6 But our subdivision rules are dated back to 7 2007. And we have not had any work on revisions since 8 August of 2019. You can't even take and blame COVID for 9 that now. It's time to get these solidified and -- and 10 put to bed. 11 Bandera County, which I -- I love my Bandera 12 County people, but that's a lesser county than Kerr 13 County. Their subdivision rules have been updated three 14 times, '15, '17, '19. They are actually making changes 15 to make it more difficult for subdivisions to come 16 about. Kerr County needs to follow suit and do that. 17 Why do we need to supply workforce for our 18 area? Let them come from Gillespie. Let them come from 19 Kendall. Let them come from Kimble, Bandera. 20 (Timer ringing.) 21 MS. POTTER: We only get so much of this God 22 given land we've got. So let's take care of it. 23 (Applause). 24 MR. BUCHERT: Can I make one quick comment 25 regarding the 2050 plan? 72 1 JUDGE KELLY: Okay. 2 MR. BUCHERT: That plan was mentioned 3 repeatedly by both Mr. Moser and Mr. Namken in 4 presenting the proposal. It was consistent. So that's 5 why it's mentioned. 6 JUDGE KELLY: To clarify it for the record, 7 the 2050 plan is not the County plan. We're aware of 8 it. We've even participated in different phases of it. 9 But that's the City's plan. The problem that you're 10 having is your proximity to the City of Kerrville. And 11 you know they're coming east with their territorial 12 jurisdiction. 13 COMMISSIONER MOSER: Coming west. The 14 movement. 15 JUDGE KELLY: Yeah. Well, Kerrville is 16 moving east. 17 COMMISSIONER MOSER: Boerne is moving west. 18 JUDGE KELLY: Now, another thing that -- I 19 haven't made very many comments. But I -- I do want to 20 make sure that y'all understand. Once the final plat is 21 submitted to the County, we have a finite number of days 22 to either approve or disapprove. If we fail -- and how 23 many days is that now? 24 COMMISSIONER LETZ: 30. 25 COMMISSIONER MOSER: Yeah, 30. 73 1 JUDGE KELLY: 30 days. And if we do not act 2 within -- a definite approval or a definite disapproval 3 with detailed explanation of why we disapprove, then the 4 legislature changed the law a couple years ago, it's 5 automatically approved. So we're running against the 6 clock. 7 We don't have any plans submitted at this 8 point other than a concept plan. And we talked a lot 9 about water availability and wastewater. And just 10 things that you need to understand, is that when Aqua 11 Tech gives the letter to the County guaranteeing that 12 they're going to provide that water for 30 years, that 13 meets the water availability criteria for development. 14 Tom is nodding his head, he knows. So where's Chris? 15 He's back there. He understands. 16 You get -- you get that letter. That 17 counts. On wastewater, now that we have our wastewater 18 line, which is a great thing, but it goes right through 19 your -- your neighborhood, they can meet the wastewater 20 requirement. 21 So if you're looking at the technical areas 22 that can be teased out and possibly be problematic for 23 this development going forward, you need to look at 24 drainage, and floodplain and these issues. Because 25 water availability and wastewater availability, it's 74 1 there. Like it or not. 2 And the good thing to remember is that the 3 model rules trump everything. So that's -- that's 4 what's going to apply for the model rules. Because of 5 the size of these lots. 6 But this has been very helpful for us. Is 7 there anybody else that has a burning issue that they 8 need to address? I know Mr. Mosty wants to address us. 9 I'm just trying to make sure I'm dealing with my 10 taxpayers and citizens first. Anybody else need to say 11 anything? 12 COMMISSIONER BELEW: Well, I would like to 13 say something before -- before we hear from the 14 attorney. And that is that all of us live in a house 15 that once wasn't there. Anybody from 50 years ago, 75 16 years ago could point to where your house is -- well, 17 some of us have houses that are older than that but -- 18 and say there was once a time when I hunted and fished 19 over there or that wasn't there or whatever. 20 And we've probably all done it with our 21 kids. You drive by someplace and you go, that didn't 22 used to be there. When I was a boy, we ran around out 23 there and played and all that and this is here now. 24 This -- growth just happens. 25 And I agree that it should be responsible 75 1 growth, but if some -- and I'm going to give the example 2 I've given before. If someone -- if the entire 3 community of Center Point had gotten together and said 4 we're going to have a Dollar General or we're going to 5 have a Family Dollar, I would have said don't have both. 6 But who do you tell not to have it? Who do you say you 7 can't have yours and they can have theirs? Who do you 8 say that to? 9 It would -- I would have said to both of 10 them, it's ill advised for you guys to fight with each 11 other here because there's not enough business for both 12 of you. But who flips the coin and says you don't get 13 to do it? If everything -- if all your permits are in, 14 everything is legal, you're not trying to hurt anybody 15 or do anything wrong, who do you tell no to? And it 16 didn't sustain, did it? You don't have both anymore. 17 You have one abandoned building for Center Point. You 18 have one Dollar Store. 19 COMMISSIONER MOSER: We're going to have -- 20 we're going to have on the agenda, too, about a bank 21 coming up into Center Point. Should we say no, you 22 can't build another bank here, there's too many banks 23 around? 24 UNIDENTIFIED VOICE: No. There aren't any. 25 UNIDENTIFIED VOICE: I have to drive to 76 1 Kerrville every day to bank, so I'm all for it. 2 UNIDENTIFIED VOICE: And your point is 3 valid, you know, they go -- like those buildings were 4 abandoned. Well, if they build these houses and nobody 5 wants them and they're like this, and it's going to just 6 be a wasteland, and then what's going to happen? 7 COMMISSIONER BELEW: That's a possibility. 8 UNIDENTIFIED VOICE: Absolutely. 9 COMMISSIONER BELEW: And I -- I think it's 10 ill advised but -- 11 UNIDENTIFIED VOICE: Sure it's ill advised. 12 THE REPORTER: Excuse me, what's your name? 13 COMMISSIONER BELEW: -- that's why I used 14 the example I did. 15 MS. CROWE: My name is Chris 16 Crowe.(phonetic) 17 COMMISSIONER BELEW: Look, I got a 18 subdivision coming in across the street from me. 19 Originally it was supposed to be big 25 acre lots. Now 20 it's gone down to something smaller. That's growth. 21 That's what happens. 22 As the Judge said earlier, you buy your 23 place, you don't buy the view. If you want to buy the 24 view, keep buying stuff around you; otherwise, that's 25 the hill country. We all love the way it looks here but 77 1 you don't control all of it. 2 MR. BUCHERT: But it is incumbent on the 3 Commissioners' Court to set the tenor of the kind of 4 development we have. We realize there are restrictions. 5 But it is incumbent upon you all to set the tenor of 6 what you want for this County. Do we want -- you know, 7 you look at Avery. Beautiful. Nobody complained about 8 that. 9 COMMISSIONER BELEW: But now you're talking 10 about taste issues and aesthetics. 11 MR. BUCHERT: No, no. Even Fox. 12 UNIDENTIFIED VOICE: I mean, you guys signed 13 a resolution about low emission lights. Do you tell 14 people when they come in look, we really want to keep 15 the light emission down, if you want to do this 16 development. That's what we want here in Kerr County. 17 Or do they just come in and they put in what they want 18 to put in? 19 COMMISSIONER BELEW: It's a Resolution. 20 It's nonbinding. 21 UNIDENTIFIED VOICE: Oh, I know that. 22 COMMISSIONER BELEW: Okay. 23 UNIDENTIFIED VOICE: I know that. But the 24 point is, is if you believe that you impress it upon 25 people that come here to do development. This is the 78 1 kind of stuff we want here. 2 COMMISSIONER BELEW: Have you raised any 3 children? 4 UNIDENTIFIED VOICE: Yes, I have. And it 5 cost me a fortune. 6 COMMISSIONER BELEW: And did they -- and 7 they cost you a fortune. And I've raised them and they 8 all turned out different. And I had guided them, I told 9 them what I wanted them to do, they didn't all do that. 10 So that's what a resolution is basically. 11 You tell people this is the best practices. 12 We'd like to see that happen. Maybe they'd follow that. 13 Maybe they have another idea. It's a non-binding 14 resolution. 15 MR. BUCHERT: Yeah. But you don't sign the 16 resolution and then just forget about it. 17 COMMISSIONER BELEW: There's no -- 18 MR. BUCHERT: You make sure you -- 19 COMMISSIONER BELEW: There's a -- it's a 20 suggestion. 21 MR. BUCHERT: You try to communicate it -- 22 COMMISSIONER BELEW: It's a suggestion. 23 MR. BUCHERT: -- to the people that come in. 24 That's right. And you communicate it. This is -- 25 COMMISSIONER BELEW: It's like having a wish 79 1 list. You don't always get what you want. 2 MR. BUCHERT: No, but you try to. 3 UNIDENTIFIED VOICE: How does the 4 developer's checkered past figure into this? 5 THE REPORTER: Excuse me. Who is speaking? 6 MR. RICHARDS: Are you aware of it? 7 UNIDENTIFIED VOICE: Ben Richards. 8 MR. RICHARDS: That was a question for the 9 Court. 10 COMMISSIONER MOSER: Well, stand up. We 11 can't hear you. 12 JUDGE KELLY: Go to the podium, please, so 13 everybody can hear you. 14 COMMISSIONER HARRIS: While he's going up 15 there, Kari mentioned a survey or something where 60 16 percent were against it? 17 COMMISSIONER MOSER: That was my -- that was 18 my number. 19 COMMISSIONER HARRIS: That was yours? 20 COMMISSIONER MOSER: Yeah. 21 MS. POTTER: 60 percent for -- I mean 22 against, 40 percent for. 23 COMMISSIONER HARRIS: Did any of that 40 24 percent -- 25 THE REPORTER: Excuse me. 80 1 JUDGE KELLY: Okay. Please. 2 MR. RICHARDS: My name is Ben Richards. I 3 live on Willow Bend. My question for the Court is in 4 relation to the information this gentleman provided 5 about the -- the past of the developer and the judgments 6 against him. How does that figure into your 7 decision-making? Does it, and were you aware of that? 8 COMMISSIONER LETZ: I was aware of it. And 9 to my knowledge -- it's not in the subdivision rules. 10 I'll rely -- I'll defer to the County Attorney at some 11 point if it might actually comes to us about that. But 12 I was aware of it, and the only part of our subdivision 13 rules that address that that I'm aware of is that the 14 person has to -- or the developer has to put up a 15 financial guarantee for all the infrastructure they're 16 going to be putting in or build it ahead of time. 17 They're not going to build it ahead of time so in this 18 case I'm sure it would be a financial guarantee. So -- 19 MR. RICHARDS: Okay. 20 COMMISSIONER LETZ: And that's the 21 subdivision requirement. There may be some other 22 requirements I'm not aware of, but that's the 23 subdivision requirement. 24 MR. RICHARDS: That's really interesting 25 that someone would -- a Judge would say yes, you 81 1 committed fraud. Yes, you embezzled money. Yes, you 2 forged signatures, but let's just do business with you 3 anyway. 4 COMMISSIONER MOSER: That could have very 5 well been against the builder of the home and the 6 homeowner, as opposed to the subdivision. 7 MR. RICHARDS: It was Brandon Namken, who is 8 the developer, I believe. 9 JUDGE KELLY: Let me -- let me address your 10 question. Initially I did not know about that. I have 11 since come to learn about that fact. Obviously, that is 12 of great concern. But what I think y'all need to 13 understand is when it comes to approving, according to 14 the subdivision rules, the rules say what the rules say. 15 And we can enforce the rules. 16 And if the Model Rules give us the 17 opportunity to disapprove of something, trust me, I will 18 be ever vigilant, along with my fellow Commissioners 19 here, to do exactly that. But you need to understand 20 the process. The legislature has done this to us. Two 21 years ago. The last time they met before this session. 22 We have 30 days from the time that they submit that 23 final plat for approval to thumbs up or thumbs down. 24 And if we thumbs down, we have to quote the actual part 25 of the Code and rules as to why we're disapproving that. 82 1 So if you really want to be constructive in 2 opposing this subdivision, you need to look at what's in 3 play and what's not in play. And water availability and 4 wastewater is really not in play. Because they got Aqua 5 Texas. And we just put in a new East Kerr County 6 wastewater line. So you need to look at storm drainage, 7 floodplain, these other criteria. 8 And if there are legitimate reasons that we 9 can object on those basis, then I know I will and some 10 others probably will. But you -- that's -- that's what 11 we have to do. We have to follow the rules. And just 12 because somebody has a bad criminal history doesn't 13 disqualify them if they meet all the requirements. 14 So I'm trying to get y'all focused back on 15 what these requirements are. Because the devil's in the 16 detail right there. And if there's -- if there's -- if 17 there's a failing in their plan that we can -- we can 18 disapprove, we've got it. But you need to understand, 19 if they dot every I and cross every T, this Court's not 20 going to have a choice, if they do that. And so just 21 trying to get y'all focused on where you need to look. 22 MR. RICHARDS: Thank you. 23 MR. REXACH: Just a quick question on the 24 flood issue. 25 THE REPORTER: Excuse me, who's speaking? 83 1 JUDGE KELLY: This is Mr. Rexach. 2 MR. REXACH: Just a question on the flood 3 issue. I mean, we can all attest to flooding. I mean I 4 dug a ditch out in front of my ten acres to reroute 5 water that was coming across the road without this 6 development, so -- 7 COMMISSIONER MOSER: That's part -- that's 8 part of the engineering they have to provide is their 9 floodplain -- I mean their flood -- storm drain analysis 10 to show that it's not being more adverse than it has 11 been in the past. And preliminary numbers I've seen, it 12 even improves it with their retention ponds. So -- but 13 it's to be determined. We haven't seen it yet. But 14 it's gotta be -- it's gotta be part of it. 15 MR. REXACH: I guess -- I guess the question 16 comes is, how do they know what our -- our flood issues 17 are? Nobody's asked us. 18 COMMISSIONER MOSER: That's -- professional 19 engineers know how to do that. 20 JUDGE KELLY: There will be a high velocity 21 study. 22 COMMISSIONER MOSER: Yeah. Yeah. 23 MR. REXACH: There will be? Okay. 24 COMMISSIONER MOSER: Yeah. And we're going 25 to talk a little bit more about that later in the 84 1 program on the agenda too. 2 COMMISSIONER BELEW: They can't change the 3 amount of water coming onto your place with any new 4 development. That's what it comes down to. 5 JUDGE KELLY: They cannot impound or divert 6 water to any greater degree on your neighbor's property. 7 And nobody knows that better than the man who's about to 8 speak. 9 MS. RICHARDS: I just want to let you know, 10 Judge Kelly, that I sent you an e-mail this morning -- 11 COMMISSIONER MOSER: Stand up. We can't 12 hear you. 13 MS. RICHARDS: I'm Kristi Richards. I sent 14 you an e-mail this morning that I took on July 5th just 15 of rain, like I said, flowing down at Center Point 16 baseball field of the runoff coming from that area. So 17 I just wanted to make sure that you got that video 18 showing you what that -- what a typical rain runoff 19 looks like. It is unbelievable the amount of water. 20 So you -- like I said, you add 300 homes up 21 there, what is that runoff going to be? So I -- you 22 know, I'm not going to pretend that I understand the 23 rules that you say. But the other question that I have, 24 if the subdivision says 150 acres allows for 75 homes, 25 would somebody please explain to me how are they getting 85 1 around with adding 300 homes? So condo regime, can you 2 please explicitly just define what that is before you go 3 off like you -- like Kari said, let's just make a condo 4 regime. Let's make a word up and let's do it. 5 That's us at Center Point. That's what we 6 feel like is happening to us. If the rules say 75 homes 7 for 150 acres, then how are we coming up with 300 homes? 8 COMMISSIONER LETZ: I can answer that part. 9 The way you're talking about that provision of the 10 subdivision rules applies to everything if it's over 11 five acres in size. If it's five acres in size, there's 12 another section of our rules that's called the Model 13 Subdivision Rules, and it's -- I don't have them in 14 front of me that I can give you the section it is. 15 COMMISSIONER BELEW: Do you want them? 16 COMMISSIONER LETZ: Yeah. It'll take me a 17 second to find out where that is or if Charlie's there 18 he can probably find it quicker. 19 COMMISSIONER HARRIS: And ma'am, if you -- 20 did you e-mail that to all of us? 21 MS. RICHARDS: I only had his e-mail -- 22 COMMISSIONER HARRIS: Okay. 23 MS. RICHARDS: -- then so I couldn't -- but 24 I was concerned that it would get lost. 25 JUDGE KELLY: Well, and let me explain just 86 1 to be helpful to y'all. Because we're governed by the 2 Open Meetings Act. Once we've talked to one other 3 Commissioner on this Court, we're tapped out and can't 4 talk to the others until we're in open session. 5 MS. RICHARDS: Okay. 6 JUDGE KELLY: So I'm not at liberty to 7 forward your video that you sent me to them, but you're 8 at liberty to send it to all of us. 9 MS. RICHARDS: Okay. 10 JUDGE KELLY: You see how that works? 11 MS. RICHARDS: Yes, sir. 12 COMMISSIONER LETZ: It starts at Section 13 5.01(g) in the rules that I'm looking at. Are these the 14 current ones? 15 MR. HASTINGS: But -- well, the rules that 16 are current are from 2009. 17 JUDGE KELLY: Charlie, why don't you go to 18 the podium. I think everybody -- 19 MR. HASTINGS: Absolutely. 20 JUDGE KELLY: This is Charlie Hastings, he 21 is the County Engineer. And maybe other than 22 Commissioner Letz, he's the person that knows these 23 rules better than anybody. 24 MR. HASTINGS: The current subdivision rules 25 and regulations that we're operating under were approved 87 1 November 26, 2007. Okay. So the model subdivision 2 regulations are Section 5.09. 5.09. Additional rules 3 and standards for subdivisions to create two or more 4 lots at five acres or less intended for residential 5 purposes. 6 If you go back a few pages and it talks 7 about what kind of density you could have and what size 8 lot, that's related to water availability. Our water 9 availability standards are also a part of the 10 subdivision regulations, and they were adopted -- I 11 don't know if they were adopted in 2007 or right before 12 2007, but they're an appendix to the 2007 rules, and 13 they have -- make some assumptions about -- basically 14 they say, if you follow these rules and if you -- you 15 stick to no more than 75 homes on 150 acres and you have 16 lots that are no bigger than a certain size, then you're 17 going to have enough water and you do not have to do a 18 water availability study. 19 The Model Subdivision Regulations state if 20 you have two or more homes, two or more lots that are 21 five acres or less for residential purposes, not 22 commercial. For residential purposes, then thou shalt 23 conduct the water availability study to see how many 24 lots you really can get. 25 So right now, we have a developer that's got 88 1 a hundred and some lots that are for single family 2 homes, and then the remainder are for RV lots, which I 3 don't know if you can call that a home. I don't. I'm 4 not real sure what to call it. We don't have 5 regulations for RVs, by the way, just so y'all know, 6 but -- 7 COMMISSIONER LETZ: We can't. 8 MR. HASTINGS: -- but regardless, until he 9 has turned back in the water availability study, which 10 we will promptly forward to Headwaters Groundwater 11 authority to ask them please review it, because that's 12 kind of their bailiwick, that's their cup of tea. 13 I will review it, too, from an engineering 14 standpoint. But I'm waiting for that document. That's 15 the magic document that tells you how many lots you 16 really can have. And then Headwaters on top of that 17 have said, regardless of what that study says, we have 18 regulations that I believe Mr. Bennett stated, 80,000 19 gallons a year per acre. 20 MR. BENNETT: A quarter acre foot of water 21 per year. And I will be talking with Mr. Williams about 22 how they arrived at that 80,000 gallons. Especially 23 East Kerr County. 24 COMMISSIONER MOSER: Stand up. Nobody's -- 25 if you're going to talk, stand up. 89 1 JUDGE KELLY: Let the record reflect that 2 was Mr. Bennett that was speaking. 3 MR. BENNETT: That was Mr. Bennett speaking. 4 MR. HASTINGS: Willow Bend. 5 MR. BENNETT: Willow Bend, 300. I'll be 6 talking with Mr. Williams later this week or early next 7 week to find out how they arrived at the 80,000 gallons 8 per acre, especially for East Kerr County when that 9 80,000 gallons, I don't know when it was established. 10 But all of you probably remember the 2011 11 drought that we had when all of the wells kept dropping 12 and dropping and dropping. And the average water table 13 level is approximately 40 to 60 feet below what that -- 14 before that. So that 80,000 gallons may not be viable 15 and should flow and ebb with the level of the aquifer, 16 especially the Middle Trinity. 17 I found out by two well drillers, Edmond and 18 Schwope out of Boerne, that the Lower Trinity has less 19 water in that particular area at 700 feet than the 20 Middle Trinity. So it's not viable to go -- drill 21 deeper. So we have a real issue with water, water 22 availability for our County, especially East Kerr 23 County. You get past the airport, that's really East 24 Kerr County all the way to Kendall County line. And 25 probably beyond that. 90 1 So we may be going around the back door to 2 reduce this amount of water that's available to us in 3 our little humble town of Center Point. So we may 4 change the level. Might. I'll be in touch with 5 Mr. Williams next week -- or later this week. 6 JUDGE KELLY: And just so you know, and I'm 7 not going to single anybody out, but we do have two 8 members of the Headwaters Board here in this room. 9 MR. BENNETT: Well, then -- good. I don't 10 know them but I'll -- 11 JUDGE KELLY: They're paying attention and 12 they are concerned. 13 MR. BENNETT: Good. 14 COMMISSIONER BELEW: I'm waiting for one of 15 them to tell us how they came up with the gallons. 16 MR. BENNETT: That would be wonderful. 17 COMMISSIONER MOSER: No, don't go there. 18 COMMISSIONER LETZ: No, no. We don't want 19 to do that. 20 JUDGE KELLY: But I do want to point 21 something out that I'm -- a theme that I'm hearing here. 22 There's a lot of technical data that's going to -- that 23 has to be processed and analyzed in this process. 24 Right? And so you start thinking about engineers, you 25 start thinking about drillers, you start thinking about 91 1 Headwaters. The devil's going to be in the details. 2 And so the more details you get, the better data you 3 have, the more responsible your response is going to be. 4 Now, we've got Mr. Mosty. Does anybody else 5 want to say anything before we call Mr. Mosty? Yes, 6 ma'am. Please state your name. 7 MS. LYNCH: Yes. Joann Lynch. 8 JUDGE KELLY: Okay. 9 MS. LYNCH: 669 FM 480 in Center Point. 10 COMMISSIONER MOSER: Go up to the podium, 11 please. 12 MS. LYNCH: I have heard no one mention the 13 problem with the ingress and egress. One road in, one 14 road out for this entire subdivision. It just seems to 15 me that that was not well planned is the other thing. 16 COMMISSIONER MOSER: TxDot has got to 17 address the traffic thing. Comanche Trace has one road 18 in, one road out. So it's better to have more than one, 19 but not a requirement. 20 UNIDENTIFIED VOICE: Does Comanche Trace 21 have the same number of homes as -- 22 COMMISSIONER MOSER: Well, can you stand up 23 and -- 24 UNIDENTIFIED VOICE: Does Comanche Trace 25 have the same number of homes as Center Point Village 92 1 would? 2 COMMISSIONER MOSER: More. 3 UNIDENTIFIED VOICE: More. 4 COMMISSIONER BELEW: The Judge said it 5 earlier. If you want to stop this, you have to have a 6 legal reason. He didn't say it that way, but he said do 7 your homework and look for it. But that -- that's the 8 only way to stop something like this. All the emotion, 9 all the aesthetics, all of the maintaining the country 10 appeal and all that, it doesn't stand up in the court of 11 law. 12 JUDGE KELLY: Mr. Mosty, the floor is yours. 13 MR. MOSTY: As far as -- 14 JUDGE KELLY: And you're not restricted to 15 three minutes, So don't -- 16 MR. MOSTY: I'm Richard Mosty. I live on 17 China Street in Center Point, Texas. And I grew up 18 there. And I -- I can't help but add a little bit of 19 emotion to this because -- just because I've been a 20 resident, my family has been a resident of Center Point 21 for more than a hundred years. But I am going to 22 address the specific -- 23 COMMISSIONER MOSER: Speak a little bit 24 louder. 25 MR. MOSTY: -- legal issues as well. I got 93 1 hearing aids so now I don't have to speak as loud. So 2 people have to remind me sometimes, speak up. So, but 3 I -- from -- I concur with everybody, this is a terrible 4 idea. I don't see how it's ever going to financially 5 work. I -- I do have -- I'm a neighbor to the school. 6 I'm a neighbor to their former septic system that is now 7 improved. 8 But the -- this whole concept, one of the 9 things we have not talked about really is what's the 10 impact on the old part of Center Point where I live. 11 And the school has essentially eaten up the old 12 residential area. It's crossed streets. It barricades 13 streets. It's got kids in streets down by me with the 14 bus barn. 15 And to add the -- the census I looked at 16 says that in Center Point there are between 900 and a 17 thousand children under 19. That's -- that's a few 18 years back. If you add 300 homes to this at say two, 19 that's -- say at one, one and a half, that's three to 20 four hundred students that you add to the Center Point 21 School District. And I think that's -- I think that's a 22 real problem. 23 But let's focus on the real issue. One, 24 begin with water. This -- this place says they're going 25 to start with stage one restrictions. Now, my question 94 1 is, is the water availability study going to consider 2 availability based on stage one restrictions or upon 3 total water availability for 300 homes? 4 As I understand, there's not going to be any 5 outside water. No car washing. So what's going to 6 happen is there's going to be no cover, there's going to 7 be no grass, there is -- this year we might have a 8 little native grass; most years we're not. You're not 9 going to have any trees. 10 So what you're going to end up with is a 11 moonscape out there where there's no water outside. 12 Now, how does that impact the drainage thing, and will 13 the drainage study take into account what will 14 essentially be 150 or however many lots in the -- I 15 understand there's a storage, but there is 150 acres of 16 what's going to essentially be impervious cover. And 17 there's going to be hard scrabble yards, rock yards 18 maybe, we don't know. 19 And so I think that the -- from the 20 engineering standpoint, how do you -- how do you 21 calculate drainage when that -- it's not just going to 22 be a simple topography issue. 23 On the stage one restrictions, how does the 24 County enforce that? Headwaters can't. How does the 25 County enforce the fact that this developer, and I'll 95 1 make sure Heather has all of the background knowledge 2 that we know about. Heather, I'll give her those. And 3 incidentally, Heather and I have been in communications, 4 a little bit difficult with vacations and stuff, but 5 we've been in communications to talk about, make sure I 6 understand the legal issues, and I understand that those 7 aren't going to be resolved today. They'll be resolved 8 another day in another court if need be. 9 But going to the stage one restriction, and 10 it also says, well, if it gets to stage two then I'll 11 quit renting to people. I'll cut down on my rentals to 12 preserve water. How is the County going to enforce 13 those? The answer is, you're not. You can't. Because 14 once this is out of the bag, it's out of the bag. And 15 that's done. 16 So I think those are two legal issues 17 that -- that need to be addressed on water availability 18 and drainage in particular. 19 Now, moving on to the proposed rule change, 20 if I read that right, and -- and I'll quote Judge Kelly, 21 the rules say what the rules say. And today, the rule 22 says -- you talking about dividing, and I understand 23 Mr. Hastings' position and I'm certainly not an 24 authority on that, on the rules like he is, but why has 25 the Court today, after this has been on -- we haven't 96 1 changed the rules since 2000 -- well, I guess we've 2 never changed the rules. The Model Subdivision Rules 3 are '06, the regulations are '07, so I guess they've 4 never been changed. 5 But why is the Court considering today 6 changing the language under Table 5 that says you take 7 the acreage and divide it by two, which yields 75, and 8 proposing now that you take the acreage and you divide 9 it by one-half, which then creates -- it looks to me 10 like that rule is tailored directly to this subdivision. 11 (Applause). 12 MR. MOSTY: So I'll echo Ms. Potter's 13 statements of let's have some public hearings. And 14 maybe you need to do more, but you deal with some 15 special areas that are different areas of the 16 subdivision regulations that have different interest 17 bases. 18 But the -- it seems that -- that there is 19 no -- no action is going to be taken on Center Point 20 Village today. It seems to me that there is no purpose 21 whatsoever in dealing with 1.15. And I will 22 respectfully ask the Court to table that for 23 consideration on another day. 24 Now, the last thing I'm going to say is that 25 I also have concerns about how this process has worked, 97 1 and the representation of the people of Center Point in 2 it. I don't know whether Commissioner Moser, I can't 3 remember whether the quote was 40 percent are for it or 4 is the question 40 percent have been unheard from? And 5 I suspect it's that 40 percent have not voiced an 6 opinion. 7 UNIDENTIFIED VOICE: He made up his numbers, 8 maybe? 9 MR. MOSTY: But in dealing with this, we 10 know that from the Commissioners' Court meetings, that 11 this was in process -- in conversation for a period of 12 time before it came before the full Commissioners' 13 Court. 14 And it -- and it really concerns me some of 15 the things that I've heard, and this is a quote from 16 Commissioner Moser. You're talking about we were 17 talking to the developer, I took that to mean 18 Commissioner Letz as well but I -- maybe I'm wrong about 19 that having heard today. 20 But we -- we looked at different things. 21 Sewer, water, roads were a question, and then he says so 22 we looked through sewer, how we're going to solve that. 23 So he said ah-ha, condominium regime could do it. 24 This is apparently a conversation between 25 Commissioner Moser and the developer where we ah-ha, we 98 1 came up with a way for a condominium regime to do it. 2 And now we sit here and say that's we, the developer. 3 Now we sit here today and say we the Commissioners' 4 Court don't have authority over all this stuff. 5 And now we're also saying to us, we, the 6 Center -- the people of Center Point are going to 7 live -- have to live with whatever you do. And that's 8 with two Commissioners who are not going to be on the 9 court much longer, another term. But we are the ones 10 that are going to have to live with this. 11 So I -- I get what you legally can and can't 12 do. But you know, when you do things -- when you take a 13 legal opinion, you can -- you can also inject in it what 14 are the facts and how -- what lens do I look through 15 this? And the lens that you want to be looking through 16 is these people right here. And if there is a way to 17 stop it, stop it. 18 And if -- if you feel like you can't, then 19 perhaps the Courts will later have to decide. But find 20 a way to stop it. And you have that in your authority 21 to do that. Thank you. 22 COMMISSIONER MOSER: Richard, just -- just 23 for clarification, when the ah-ha for condominium 24 regime, that was in a group meeting with everybody that 25 I talked about, Headwater Groundwater, UGRA, school, 99 1 WCID, County Engineer. That's when -- that's when the 2 condominium regime first came out on the table. Okay. 3 It had to do with connecting or providing the sewer, the 4 wastewater to WCID and what they -- and their 5 requirements on that. So that's where that came up. It 6 wasn't between any -- two individuals or anything, 7 that's -- 8 MR. MOSTY: Who brought -- who brought that 9 to the table? 10 COMMISSIONER MOSER: I don't -- I think it 11 was probably -- I don't know. I think it was probably 12 Brandon Namken that -- that proposed that. Okay. Yeah. 13 And that's when -- that's when WCID said yes. It's -- 14 condominium regime, if we can work with that then we 15 don't have to stick with the -- the requirements of each 16 household being considered into the availability of 17 WCID. 18 MR. MOSTY: Well, it occurs to me that a lot 19 of legal decisions were being made early on or being 20 considered that may or may not be true. 21 COMMISSIONER MOSER: Considered is the right 22 word; not decisions. 23 MR. MOSTY: And -- and that now finds us 24 where we are today. 25 COMMISSIONER MOSER: But what you said is 100 1 correct. Being considered is the right word, not 2 decisions. No decisions were made at any of those 3 meetings. 4 MR. MOSTY: Well, I think that the ball got 5 rolling way too fast without having been thoroughly 6 vetted. And -- and that -- 7 COMMISSIONER MOSER: And just -- just for 8 clarification -- 9 MR. MOSTY: -- and that -- and that leads us 10 to where we are here now with a mess. 11 COMMISSIONER MOSER: Just for clarification, 12 some of the meetings that were held was -- was the 13 concept -- could the concept even be approved, okay. 14 Because there was water, there was sewer, there was -- 15 that would regulate -- all those kind of things, and if 16 the concept was not viable, okay, it needed to stop 17 right then. Didn't need to come to Court. Then it came 18 to the Court for concept approval. 19 MR. MOSTY: Well, it didn't come to the 20 Court. 21 COMMISSIONER MOSER: Yes, it did. 22 MR. MOSTY: They eventually -- they 23 eventually came to the Court -- 24 COMMISSIONER MOSER: Yes, sir. 25 MR. MOSTY: -- but all of this background 101 1 stuff was done, from what I read in the record, before 2 it comes to the Court in January. 3 COMMISSIONER MOSER: Richard, you know as 4 well as anybody, okay, we look at concepts, okay, that 5 can't even pass the first step. No need to come to the 6 Court. And the -- 7 MR. MOSTY: Well, then most of them stop 8 with Charlie Hastings. 9 COMMISSIONER MOSER: Let me finish. If the 10 concept is okay, then it comes to the Court for concept 11 approval. And that's what this was. 12 MR. MOSTY: Well -- 13 COMMISSIONER MOSER: It was -- 14 MR. MOSTY: I'll tell you the perception out 15 here is that particularly Commissioner Moser has been a 16 cheerleader for this project as opposed to representing 17 the interest of the Center Point folks. 18 (Applause) 19 COMMISSIONER MOSER: Perception is reality 20 but that's not a fact, okay? You deal in facts, I know, 21 as an attorney. 22 MS. POTTER: And why was it necessary to 23 quadruple -- 24 COMMISSIONER MOSER: Stand up, please. 25 MS. POTTER: Why was it necessary to 102 1 quadruple the amount of lots or homes on that acreage? 2 Why not just have the developer meet our Model 3 Subdivision Rule guidelines? And I do know that it -- 4 and I think it was in the January 20-something meeting 5 when I was here, that it was asked of the developer why 6 not just lessen the amount of homes in your plan? Well, 7 that wouldn't be economically feasible. 8 So now we're getting into the Court courting 9 the developer's wants. And that's been evident in both 10 of your town halls. You basically just left your pom 11 poms at home. 12 JUDGE KELLY: Order in the Court. 13 UNIDENTIFIED VOICE: That's horrible. 14 COMMISSIONER MOSER: I think that was really 15 rude. 16 JUDGE KELLY: Order in the Court. 17 COMMISSIONER MOSER: That's rude. 18 JUDGE KELLY: Are there any other comments 19 anybody wants to make? Yes, sir. Go to the podium. 20 MR. BETTAC: My name is Bob Bettac. And you 21 heard from my wife Suzie. We live at 7750 Target Hill 22 Road in East Kerr County. I just want to offer a few 23 thoughts and I'll try to be brief. 24 Many of the Commissioners -- not -- well, I 25 won't say many. Some seem to be of the impression that 103 1 the Uniform Condominium Act passed by the State trumps 2 the local subdivision rules and regs. I'm getting head 3 shaking no. If we have agreement on that, then maybe I 4 can be really brief and sit down. 5 JUDGE KELLY: Well, I'm speaking as a 6 lawyer. 7 MR. BETTAC: And I'm a retired lawyer as 8 many of you know. 9 COMMISSIONER MOSER: And I've never heard 10 anybody even say what you just said. Even thought it. 11 COMMISSIONER LETZ: I might have made a 12 comment to that affect that it doesn't apply. And parts 13 of it do apply, parts of it don't apply. There is some 14 case law, I understand, that basically says that 15 condominiums are considered subdivisions or can be 16 considered subdivisions. It's pretty old case law but 17 it's probably still valid. 18 MR. BETTAC: Well Greg Richards, a local 19 attorney had written to, I believe, Ms. Stebbins and 20 said here's an AG opinion, Attorney General opinion, 21 that says that basically, you know, condominium schemes 22 or regimes, you know, trump local subdivision rules. 23 You read that Attorney General opinion or 24 Ms. Stebbins can certainly read it for you. It says the 25 exact opposite. It says that yeah, State Law 104 1 provides -- the condominium act provides that no local 2 authority can interfere with the filing of a concept 3 plan and plat. No authority. 4 And then the AG goes on and says, but that 5 doesn't stop the County from requiring a plat or for 6 other -- from otherwise regulating the development. 7 And then I'll move on to my second point. 8 My understanding -- and I'm still trying to find out 9 facts, too -- is that the reason the County adopted 10 these Model Subdivision Rules in 2007, was to make 11 itself eligible for financial aid from the State of 12 Texas, which I believe even afforded the County this 13 sewage line that runs all the way from Kerrville to 14 Comfort. 15 They were required by the Texas Water Code 16 and by the Texas Water Development Board -- they being 17 the County, to adopt these Model Subdivision Rules. And 18 so we say well, but we have the discretion to change 19 them. Well, perhaps you do, but it's a betrayal of a 20 promise made to the State of Texas if suddenly you make 21 radical departures from what was agreed in order to 22 obtain the financing for these water projects. 23 JUDGE KELLY: Let me -- let me clear that up 24 because in a lawyer to lawyer conversation, I have 25 visited with our outside counsel from Austin, Chuck 105 1 Kimbrough, and he has reaffirmed we are obligated to 2 follow the model rules with regard to these 3 condominiums. 4 MR. BETTAC: Thank you, sir. That's all I 5 have to say. 6 COMMISSIONER LETZ: And you're correct, 7 though, that the reason we adopted the model rules was 8 for the financing and need to have financing for the 9 sewer project that was from Center Point to Comfort. 10 That's the reason. But, you know -- yeah. 11 Those rules -- so those rules are what come 12 up in the water availability requirement, not our -- not 13 the balance of our subdivision rules. 14 JUDGE KELLY: Okay. Before leaving this 15 topic, I would like to say something to you all and to 16 the public. Some of y'all remember the great humor of 17 Will Rogers. He said Laws are like sausage, it's better 18 not to see them made. Well, what you've experienced 19 today, and this is sausage, this is -- this is how 20 government works. And sometimes it's messier than we 21 like. But the good thing is that we're all here 22 together. That you came. And you talked to us. And 23 you asked us questions and we responded. And this is 24 the way a community works and this is the way Kerr 25 County needs to work. And we want it to work. That's 106 1 the way this Court wants it to work. 2 I hope you've learned that we can't just 3 arbitrarily vote against this because we don't like it. 4 We've got to have a good cause. Have to have a legal 5 basis to do it. And it's going to take probably some 6 expert testimony from somebody, depending on how far 7 this thing goes. And it's ultimately going to be a 8 contest between experts when you start talking about 9 range, water availability, and all these other criteria. 10 But it's been good to have you here today. 11 I know probably most of you are going to leave as soon 12 as we move on to the next agenda item, but I want to 13 thank you for the time. I want to thank you for the 14 passion that you have shared with us. This is your 15 home. And we are your elected representatives. 16 And every single one of you know, you are 17 one of my constituents. I run countywide. So you 18 belong to me and I am accountable to you. So with that, 19 I want to thank you for your time today. And let's take 20 a short break and allow people to move around. 21 COMMISSIONER HARRIS: Can I say one thing? 22 I've been kinda quiet through all this, you know, I'm at 23 the other end of the County. But I feel like I've 24 talked to about half of you that have called me and what 25 have you on this, this ordeal. And I can tell you every 107 1 one of them heard from me that I didn't care for it. I 2 didn't like it at all. But sometimes our hands are 3 tied. 4 Y'all are helping this process. Today was 5 the first time I'd heard anything about the developer. 6 About his past problems. That's the first time. So 7 anyway, I want you to know we're -- we listen to you. I 8 answer my phone, so y'all have anything else, holler at 9 me. 10 JUDGE KELLY: Yeah, I -- I did hear one new 11 thing today that I hadn't heard. And I've visited with 12 a lot of you. Some of your neighbors. But I've heard 13 that this is probably not going to -- at the end of it 14 will be litigation no matter what happens at this level. 15 And it's important for the developer to understand, this 16 is a long expensive road. 17 COMMISSIONER HARRIS: Yeah. 18 COMMISSIONER BELEW: That is a good point. 19 COMMISSIONER LETZ: Just a comment, so when 20 you're talking about you weren't aware of that? One of 21 the things y'all really need to believe is that we don't 22 talk to each other on these issues at all. I mean -- 23 I've been a Commissioner -- I've been with Commissioner 24 Moser at a meeting of this so I don't talk to anybody 25 else about this one. I talk to the Judge on issues, 108 1 then I don't talk to any of the rest of them unless 2 we're in Court. 3 So it's -- if you -- it appears that we 4 don't know what the other -- what's going on. Sometimes 5 we don't until we get into open Court. 6 JUDGE KELLY: Literally. Three of us on 7 this Court have not heard something until we meet here. 8 I may have talked to Commissioner Letz. I may have 9 talked to Commissioner Moser. We talk -- he and I are 10 talking about aggregate production right now. 11 COMMISSIONER MOSER: Yeah. And Commissioner 12 Letz and I talk about subdivision, subdivision rules. 13 Harley and I talk about Information Technology. That's 14 it. We can't talk to one another. 15 JUDGE KELLY: But when we walk in this room, 16 you need to know that three of us don't have a clue what 17 we're about to hear. 18 COMMISSIONER MOSER: And we have a mother 19 down here that watches over us like a mother hen, okay. 20 COMMISSIONER BELEW: But watch the old 21 YouTube videos and when you see three people's eyebrows 22 go up, when yours do, you know we just heard it the 23 first time too. Just like you did. So I've sat at this 24 spot and just about dropped my jaw a couple of times 25 when I heard something and you feel, you know, blind 109 1 sided by it, those are the rules in the State of Texas. 2 This is -- this is transparency is what we're talking 3 about. If we talk to each other in the hall, you've 4 had -- that's it. That's all you got. 5 JUDGE KELLY: And there are criminal 6 penalties if you violate it. We go to jail and we get 7 fined. 8 Okay. Let's take a five minute break. 9 Thank you. 10 (Recess.) 11 JUDGE KELLY: Come back to order. Okay. 12 Believe it or not, we have some work to do and we're 13 going to do it quickly. So I see Miss Lantz is not 14 here. 15 COMMISSIONER MOSER: You've got a 9:45. 16 JUDGE KELLY: Oh yeah. We've got to do the 17 timed items, 9:45. 1.17 consider, discuss and take 18 appropriate action regarding establishing a Kerr County 19 Advisory Committee for Aggregate Production Operations 20 and Board Membership. 21 COMMISSIONER MOSER: Judge, we've talked 22 about this in the past and I've provided to all the 23 Commissioners a draft of what the advisory council would 24 look like. It's modeled after the advisory committees 25 that we have for animal control and support, and one 110 1 other advisory committee I'm not thinking of right now. 2 But it's modeled after that. 3 So it sets up a committee which is formed 4 of -- which consists of a County Commissioner of one or 5 two, someone from the City, the aggregate production 6 operators, three of those, three citizens, to be a total 7 of ten people on the committee. 8 And the purpose of it is to have a forum by 9 with which the public and the operators can communicate. 10 And it will enable that to try to reach a balance 11 between what the citizens want, and what the operators 12 can do. And we've had several examples of that without 13 having a formal committee as such in which people are 14 complaining about lights. They're concerned about radio 15 frequency from some of the operations at the thing. 16 We've met individually -- or those operators 17 have met with the airport authority. I think that was 18 resolved. So I met with individuals and some of those 19 things have been resolved. 20 So this is a -- this is to establish a 21 committee by with which those concerns and issues can be 22 brought to the table without authority to implement 23 anything, but just to -- to provide a form by which to 24 discuss and listen. So with that, I would propose 25 that -- it's a thing that's been there -- there's a TBD 111 1 in there and that's under which legal authority we can 2 set this up. So I'll ask the County Attorney to provide 3 any legal authority we have to do that. And with that, 4 I would move that we adopt the policy. 5 COMMISSIONER LETZ: Second. Question. The 6 policy looks fine. How do we -- how does it get 7 populated? 8 JUDGE KELLY: We're going to populate it. 9 COMMISSIONER LETZ: Okay. 10 COMMISSIONER MOSER: Yeah. Right now we 11 haven't said who is chairing or anything. But it would 12 be populated by -- you know, the first -- the first 13 meeting our consultant will be there to help us 14 establish the committee, Jill Shackelford. 15 COMMISSIONER BELEW: And it will be modeled 16 on other previous -- 17 COMMISSIONER MOSER: Yeah. Right. Right. 18 JUDGE KELLY: Well, I'm going to second it 19 with an amendment. And I'd like to see 11 people. My 20 experience on boards is you always need to have an odd 21 number. 22 COMMISSIONER MOSER: Yeah. Eleven is -- 23 JUDGE KELLY: And the other thing that I 24 would like to do, I would like to see, we don't have to 25 put it in the -- I guess the bylaws here. I would like 112 1 to have as many of the operators out there as possible 2 to participate in this Board in one capacity or another. 3 Because I think it's important to have them at the 4 table. They're talking to the homeowners, they're 5 talking to business people, they're talking to the 6 elected officials. 7 COMMISSIONER HARRIS: I agree. 8 JUDGE KELLY: I also would like to see that 9 we have ex officio members. Our State Representative, 10 Andy Murr. And he can designate his representative 11 Kelly Early, too. Same thing for our State Senator, 12 Dawn Buckingham, and her representative. But I want to 13 have the public officials represented. 14 And I -- and Andy has done a lot of work in 15 the aggregate area. And that's why we want him close 16 and let him know exactly what we're doing. The whole 17 purpose is to establish best management practices out 18 there. And that's my second with the amendment. It's 19 just teasing it out a little bit. 20 COMMISSIONER MOSER: I accept that. 21 JUDGE KELLY: But the -- the reason that 22 this is on the agenda today and we're kind of rushing it 23 and we'd like to get that Board populated today, if 24 possible, is because we have a great opportunity. For 25 those of you that know, Ingram Ready Mix has a batch 113 1 plant here in Kerrville, in the City limits. And they 2 have a lot of traffic. And they're getting most of 3 their aggregate out there off of 27. And those trucks 4 are running back and forth. 5 Earl Ingram is very supportive of what we're 6 trying to do. He's been a very responsible and 7 cooperative operator. And he has filed an application 8 with TCEQ that's set to be heard October 10th. 9 COMMISSIONER MOSER: August 10th. 10 JUDGE KELLY: August 10th. Yeah. August 11 10th. I stand corrected. August 10th at 6:00 p.m. at 12 the Hill Country Youth Event Center. And what he's 13 proposing to do is to close his City of Kerrville batch 14 plant and move his facilities out to where West Texas 15 Aggregates is, who is the new player in town that we're 16 trying to get to come to the table and cooperate with 17 us. And I -- and I think from what I hear, they're 18 going to be more cooperative as we go forward. I'm 19 hoping. 20 UNIDENTIFIED VOICE: Where is it located? 21 COMMISSIONER LETZ: It's behind Fox Tank, 22 for those that don't know. 23 COMMISSIONER MOSER: Right across from the 24 airport. 25 COMMISSIONER LETZ: It's right behind -- 114 1 it's between Fox Tank and the river is where the new 2 West Texas Aggregate is. 3 JUDGE KELLY: Now the good news here, this 4 is really a win-win situation. We're moving a batch 5 plant out of the City and we're moving all the traffic 6 and emissions and the dust and everything that goes with 7 it out to -- to the rural part of the County, to an 8 existing facility. 9 But because he's going to -- they're going 10 to move -- they have that batch plant out there, they're 11 going to have to pave the entrance to that facility 12 which is not presently paved. 13 COMMISSIONER BELEW: But the road that 14 they're going to take most often is a TxDOT road. 15 JUDGE KELLY: Yes. 16 COMMISSIONER BELEW: Which removes -- 17 JUDGE KELLY: We don't maintain. 18 COMMISSIONER BELEW: -- the burden from the 19 County. Yeah. 20 JUDGE KELLY: So we're going to reduce 21 emissions. We're going to reduce dust. We're going to 22 reduce traffic. And it's -- it's truly a win-win 23 situation. And what I would like for our advisory 24 council to do in our very first public outing is to be 25 able to appear before the TCEQ, arm in arm with our 115 1 operators, saying this is the best management practice 2 that we can support and start off on a cooperative foot, 3 a collaborative foot moving forward. 4 And so I gotta -- we worked to get it on the 5 agenda as soon as we could, so that we would have 6 actually a formal existence when we appear. We don't 7 just say, well, we -- we hope to be the advisory 8 council. 9 And so -- and I was visiting with 10 Commissioner Moser, this is my -- I tapped out with him 11 so you're going to hear it for the first time, Harley. 12 This morning we were talking about, and Commissioner 13 Moser has approached me to chair this, and I have agreed 14 to chair the advisory council. 15 And I have reached out to the City. I 16 personally talked to E. A. Hoppe, and reached out to 17 Mike Hayes, and the City has agreed to participate with 18 us. We don't know who they're going to designate but 19 it's something that we want to make sure that they're 20 seated at the table, too, so there's uniformity in how 21 we approach these problems. 22 And this is a very distinct Precinct 2. I 23 see some Precinct 2 people still here. It's a Precinct 24 2 problem that we're trying to address. But we were 25 talking about Francis Lovett. Was it Mike Ross? 116 1 COMMISSIONER MOSER: Mike Russ. 2 JUDGE KELLY: Russ. Russ, R-U-S-S. Al 3 Daneman(phonetic). Nathan Fox. Earl Ingram. I forget 4 Mr. Wheatcraft's first name. 5 COMMISSIONER MOSER: Curtis. 6 JUDGE KELLY: Curtis. And then we've got 7 Mr. Early from Martin Marietta. 8 COMMISSIONER MOSER: Correct. Ken Early. 9 JUDGE KELLY: Ken Early. And then who else? 10 COMMISSIONER MOSER: Jim Hayes. Is that who 11 that is? 12 JUDGE KELLY: I don't know. 13 COMMISSIONER MOSER: Yeah. 14 JUDGE KELLY: But we're trying to populate 15 our Board so that we can have it -- whether we have it 16 fully flushed out or not is not nearly as important. 17 But this is something that needs to be done. And let me 18 just plug Jill Shackelford. She has just been a 19 whirlwind. That's probably the best money we ever spent 20 to get somebody to get something done for us. 21 And she's established a very good 22 relationship with the operators. Very good relationship 23 with the neighbors and businesses. She's basically 24 brought this thing together. Now it's our turn to take 25 the ball and run with it. 117 1 COMMISSIONER MOSER: And the only other 2 thing I'd say is, there were people that was against us 3 hiring a consultant. Didn't like it. Okay. But we did 4 it, and that's where we are today. And if we adopt 5 these bylaws and establish this, it's my understanding 6 this will be the first in the state, so it's very good. 7 JUDGE KELLY: Oh, the Hayes was Mike Hayes. 8 We're trying to get Mike Hayes. 9 COMMISSIONER BELEW: From the City. 10 JUDGE KELLY: From the City. Yeah. 11 COMMISSIONER BELEW: You have County 12 representative. You have the operators and the property 13 owners. 14 JUDGE KELLY: And this is -- Fox Tank. 15 COMMISSIONER MOSER: Businesses. 16 COMMISSIONER BELEW: So a neighbor 17 basically, a neighboring business, and property owners 18 in the area, City, County and what was the -- there was 19 five different groups? 20 COMMISSIONER LETZ: That'll do it. 21 JUDGE KELLY: The groups are -- 22 COMMISSIONER BELEW: City and County, 23 operators, property owners, and then like neighboring 24 businesses. That's five. 25 JUDGE KELLY: And candidly, with this being 118 1 as close to the airport as it is, I'd probably like to 2 have somebody from the Airport Board. 3 COMMISSIONER MOSER: You saddle up. You're 4 over it. 5 JUDGE KELLY: Well, where -- where we are? 6 COMMISSIONER MOSER: Yeah. You're gonna -- 7 we'll populate. I think the idea is to pass the 8 bylaws -- do the bylaws today and then populate the 9 committee. So we populate the committee today. 10 JUDGE KELLY: We need to populate it today 11 because we don't meet before the 10th. 12 COMMISSIONER MOSER: Okay. 13 COMMISSIONER BELEW: Is there five? 14 COMMISSIONER LETZ: You don't have to have 15 all of them. He can -- if you want to add another one 16 later you can always add. I'd go with what you have 17 and -- 18 COMMISSIONER MOSER: Okay. But we're going 19 to limit it to 11. Okay. 20 COMMISSIONER HARRIS: James Avery might be a 21 good one. 22 COMMISSIONER MOSER: Well, that's what I 23 said. Eleven. You've got to set up the frame work -- 24 COMMISSIONER LETZ: Right. 25 COMMISSIONER MOSER: -- and then you can 119 1 start populating it. 2 COMMISSIONER HARRIS: And I think they would 3 have a big issue -- 4 COMMISSIONER MOSER: Why don't we -- if you 5 want to do that let me -- let me generate a list real 6 quick based on what we just said and see if we're within 7 eleven. 8 COMMISSIONER LETZ: The Judge has a list. 9 JUDGE KELLY: I got a list. 10 COMMISSIONER MOSER: Okay. Okay. 11 COMMISSIONER LETZ: And the airport can be 12 ex officio member, too. 13 COMMISSIONER MOSER: Okay. 14 COMMISSIONER BELEW: Yeah. That doesn't 15 change the motion and the second. 16 COMMISSIONER MOSER: Right. 17 MRS. DOWDY: I have a question on the motion 18 and second. I have Letz as seconding and -- 19 COMMISSIONER LETZ: I withdraw my second and 20 let the Judge have his second. 21 COMMISSIONER MOSER: Let the Judge, yeah. 22 COMMISSIONER BELEW: With the amendment. 23 MRS. DOWDY: Right. 24 JUDGE KELLY: So here's -- and count these 25 off. 120 1 COMMISSIONER MOSER: Okay. 2 JUDGE KELLY: Kelly, Lovett, Russ, 3 Daneman(phonetic), Fox, Ingram, Wheatcraft, Early, 4 Hayes. Nine, right? 5 COMMISSIONER MOSER: One, two, three, four, 6 five, six, seven, eight, nine. Correct. 7 COMMISSIONER BELEW: Aren't there some other 8 operators? 9 COMMISSIONER LETZ: Did you name yourself? 10 JUDGE KELLY: I did. 11 COMMISSIONER MOSER: But you didn't count 12 yourself? 13 JUDGE KELLY: I did. I did count myself. 14 That's nine. 15 COMMISSIONER BELEW: See, we told ya. Told 16 you how this would work. 17 JUDGE KELLY: And so what I'm saying is 18 airport and neighbors -- 19 COMMISSIONER LETZ: Did you mention City, 20 Mike Hayes? 21 JUDGE KELLY: And that will take it to 11. 22 COMMISSIONER MOSER: Okay. Good enough. 23 Now then, the other thing is did you want to have just 24 one person from Commissioners' Court? We just got one 25 there. Well, because if -- 121 1 JUDGE KELLY: What I'm -- I'm just talking 2 about my experience. And we're talking about this with 3 KEDC. When we put more than one of us on a board, it 4 really limits who all we can talk to. We get a better 5 variety and mix if you just do -- send one of us over to 6 the board and then they can decide who it is they want 7 to talk to before we come into this room. 8 COMMISSIONER BELEW: But you can have an 9 alternate so that the County is always represented. 10 COMMISSIONER MOSER: Commissioner Letz and I 11 have found having two on there to be very advantageous. 12 It's been very useful. It used to just be one. But 13 anyway. 14 COMMISSIONER LETZ: That's a different 15 topic. 16 COMMISSIONER MOSER: Let's do it with what 17 you said. Single member from the Court. That's 11. 18 Okay. Good. So amend it to include those people in the 19 motion. 20 JUDGE KELLY: So we're going to amend the 21 motion to include these nine people? 22 COMMISSIONER MOSER: Right. 23 COMMISSIONER LETZ: Right. 24 COMMISSIONER MOSER: Correct. 25 JUDGE KELLY: Okay. I'll second that. Any 122 1 other discussion? Those in favor raise your hand. 2 Unanimous, five zero. 3 COMMISSIONER MOSER: Good. Good deal. 4 Okay. 5 JUDGE KELLY: Okay, let's go to the ten 6 o'clock items. Is Charlie outside? 7 MR. HASTINGS: Right here. 8 JUDGE KELLY: Okay. Item 1.18 is consider, 9 discuss and take appropriate action for the 10 Commissioners' Court approval for position restructuring 11 in the Road & Bridge Department. Miss Hoffer. 12 MS. HOFFER: We're not adding anything to 13 our list. All we're doing is we're taking an 18 14 position from the field, which is a heavy equipment 15 operator one and bringing it into the mechanic shop. 16 We've got somebody that I really do think probably 17 should be paid at an 18 level. So all we're doing is 18 flipping titles, but we're not changing anything. It 19 actually -- we went through our position schedule, I 20 sent it to Jennifer. I also sent it to Jonathan. The 21 $14,000 savings. 22 COMMISSIONER HARRIS: Savings. 23 COMMISSIONER LETZ: Savings. 24 COMMISSIONER HARRIS: We like savings. 25 COMMISSIONER BELEW: I move for approval. 123 1 COMMISSIONER HARRIS: Second. 2 JUDGE KELLY: So you made the motion? 3 COMMISSIONER BELEW: Uh-huh. 4 JUDGE KELLY: Who seconded? 5 COMMISSIONER HARRIS: Me. 6 JUDGE KELLY: Motion's been made by 7 Commissioner Belew, seconded by Commissioner Harris to 8 approve the position restructuring in the Road & Bridge 9 Department as presented. Any other discussion? Those 10 in favor raise your hand. Unanimous, five zero. 11 MS. HOFFER: Thank you. 12 JUDGE KELLY: Item 1.19 consider, discuss 13 and take appropriate action for the Court to waive 14 platting oversight and approval to the City of Kerrville 15 for revision of plat for Saddlewood Estates Section 1, 16 Block 1, Lots 18 and 19, with conditions that Kerr 17 County Environmental Department and Kerr County 18 Floodplain Administrator review, approve and sign the 19 plat. Charlie Hastings. 20 MR. HASTINGS: Thank you, Judge. This 21 proposal revises and combines Lots 18 and 19, 3.01 acres 22 each, into Lot 18R, 6.02 acres, with frontage on 23 Saddlewood Boulevard and Springwood Lane. 24 It is in Kerrville's ETJ, Extra-Territorial 25 Jurisdiction, and it would typically be platted through 124 1 both the City of Kerrville and Kerr County 2 simultaneously. This request is for the Court to waive 3 platting oversight and approval to the City of 4 Kerrville. 5 Although platting oversight may be waived, 6 signature blocks for both the Kerr County Floodplain 7 Administrator and OSSF designated representative would 8 be required. That's for the septic systems. 9 Road and right-of-way in Saddlewood are 10 private; therefore, there is no need for Kerr County to 11 review it and approve it. The County Engineer requests 12 the Court consider, discuss and take appropriate action 13 to waive platting oversight and approval to the City of 14 Kerrville for a revision of plat for Saddlewood Estates 15 Section 1, Block 1, Lots 18 and 19, with conditions that 16 Kerr County Environmental Department and Kerr County 17 Floodplain Administrator review, approve and sign plat. 18 Volume 6, Page 319 through 321. Precinct 1. 19 COMMISSIONER BELEW: Move for approval. 20 COMMISSIONER LETZ: Second. 21 JUDGE KELLY: Motion's made by Commissioner 22 Belew, seconded by Commissioner Letz to approve the 23 waiving of the plat oversight for the City of Kerrville 24 for revision of plat for Saddlewood Estates as 25 presented. Any other discussion? Those in favor raise 125 1 your hand. Unanimous, five zero. 2 Next item is Item 1.20 consider, discuss and 3 provide input regarding a concept plan for 11.55 acres 4 either on Depot Alley in Center Point. Mr. Hastings. 5 MR. HASTINGS: Thank you, Judge. This 6 proposal divides an 11.546-acre tract at the end of 7 Depot Alley into two lots. This is in Center Point. 8 The property is in the floodplain and must meet 9 requirements for development within the floodplain, 10 including doing a flood study. 11 The property owner is requesting the Court 12 allow lots to have 20 to 25 foot of frontage each. 13 Section 7.04, Access to Roads of the Kerr County 14 Subdivision Rules and Regulations require 150 feet of 15 lot frontage. But it also states that the minimum lot 16 frontage distances may be reviewed by the Commissioners' 17 Court and lesser distances may be approved based on lot 18 density, topography and other mitigating factors 19 recommended by the County Subdivision Administrator. 20 Subdivisions within a high density 21 development area and where the above minimum lot 22 frontages are not practical will be considered on a case 23 by case basis. This is in a high density development 24 area, it's in Center Point, and it's at the end of Depot 25 Alley. 126 1 If you've driven out there, you'll see Depot 2 Alley ends and that's right where their development 3 begins. They're requesting that the Court consider a 4 lesser distance. Before they go through hiring a 5 surveyor to do all of the plat, they want to see if you 6 all are okay with that beforehand. Again, this is a 7 concept plan. So this is where the Court can give their 8 input and let them know maybe what you think. 9 COMMISSIONER MOSER: Charlie and I met with 10 the owner of this property and it's -- describe it a 11 little bit, Charlie. They're -- it's the -- the primary 12 is how many acres? 13 MR. HASTINGS: About 11 and a half. 14 COMMISSIONER MOSER: About 11 and a half 15 acres. 16 MR. HASTINGS: If you cut it in half. 17 COMMISSIONER MOSER: And they're looking to 18 sell two acres on the back side. They need to have 19 access and so the young man that's proposing to do this, 20 it's all family oriented for the passage and the small 21 frontage on the road to accommodate this. 22 MR. HASTINGS: And he changed that two acres 23 in the back to three now. 24 COMMISSIONER MOSER: Okay. 25 MR. HASTINGS: Just so you know. 127 1 COMMISSIONER MOSER: So it's -- it certainly 2 looks acceptable to me. It looks acceptable to Charlie 3 and so -- 4 MR. HASTINGS: And he's on a water system 5 out there. 6 COMMISSIONER MOSER: Right. So this is the 7 resident, a young man, he's in the Army right now. He'd 8 be here to talk about it but he's in Montana serving. 9 So I'd move for approval. 10 COMMISSIONER BELEW: Second. 11 JUDGE KELLY: Motion's been made by 12 Commissioner Moser, seconded by Commissioner Belew to 13 approve the concept plan for 11.55 acres on Depot Alley 14 in Center Point. Any discussion? 15 COMMISSIONER LETZ: Question. Charlie, just 16 get my bearings. That lower portion of that lot, that's 17 the old railroad right-of-way. Is that correct? 18 MR. HASTINGS: I believe it goes through 19 there. 20 COMMISSIONER LETZ: The reason I'm bringing 21 it up, my recollection is that in looking at the 22 flooding issue, that right-of-way was potentially going 23 to be a way to get water -- because it was a spot there. 24 Anyway, I don't know if we can do anything 25 about that right now, but it's just -- that was an area 128 1 as I recall that we were looking at the -- because it 2 was like a logical area. There was like a berm right 3 there, you could almost put it on the other side of it. 4 But anyway, it's just -- I remember talking about that 5 at one point. 6 COMMISSIONER BELEW: It really doesn't 7 change anything. 8 COMMISSIONER LETZ: It doesn't change 9 anything but I -- I don't think we can require it, I'm 10 just -- you know, pointed it out that it is that lower 11 part of that lot -- 12 MR. HASTINGS: We can mention it to their 13 surveyor when they do their -- they have to do a 14 floodplain study, which is a little different than storm 15 drainage outfall, which is what we're talking about. 16 Just because a portion of this property is in a studied 17 area, and then the study ends. 18 COMMISSIONER LETZ: Okay. 19 MR. HASTINGS: At right about the location 20 you're talking about. And then -- 21 COMMISSIONER LETZ: Right. 22 MR. HASTINGS: -- the rest of it's unstudied 23 and they've got to identify the base flood elevations 24 for more of that property in that area. 25 COMMISSIONER LETZ: It was just a comment. 129 1 You just might mention it to him that there -- you know, 2 it might be good to leave that alone. That property may 3 have to get acquired at some point there for a 4 right-of-way. 5 MR. HASTINGS: Okay. 6 JUDGE KELLY: Any other discussion? Those 7 in favor of the concept plan as presented raise your 8 hand. Unanimous, five zero. 9 Item 1.21 information and discussion 10 concerning proposed storm water drainage projects 11 adjacent to State Highway 27 in East Kerr County. 12 MR. HASTINGS: Storm water drainage along 13 State Highway 27 in Center Point -- in the Center Point 14 area backs up onto State Highway 27 during large storm 15 events at multiple locations. These locations were 16 analyzed by TxDOT and their engineers during a recent 17 expansion or upgrade of the State Highway 27 road 18 facility, and TxDot enlarged various highway culverts to 19 accommodate the larger storm water conveyance under 20 their highways as a result. 21 We all are aware of that and also that the 22 ones that are not being used are plugged because they're 23 not in use yet. The next step is to convey said storm 24 water from the highway culverts to the Guadalupe River. 25 Pursuant to the State Highway 27 upgrade in 130 1 the Center Point area, three locations have been 2 identified where storm water will overflow the highway 3 and have them labeled on the attached map as Culverts A, 4 B and C. 5 Culvert A is located at State Highway 27 and 6 Willow Bend Road. Culvert B is located at State Highway 7 27 and Coldwell Lane. And Culvert C is located at State 8 Highway 27 and Sutherland Road. In order to handle 9 storm water from Culvert A at Willow Bend Road, the 10 existing approximately quarter mile long drainage ditch 11 flowing south will need to be enlarged, including 12 enlargement of an existing culvert under Center Point 13 River Road and installation of a storm drainage outfall 14 structure down to the river. Storm water from Culvert B 15 at Coldwell Lane will require similar work as Culvert A; 16 however, the ditch is approximately half a mile long and 17 the crossing at Center Point River Road is a low water 18 crossing currently, so there may not need to be culverts 19 installed on Center Point River Road at that location. 20 Similar to Culverts A and B, storm water from Culvert C 21 at Sutherland Road will require a drainage ditch flowing 22 south. 23 The Sutherland Road drainage project is an 24 existing funded project, and all engineering, surveying, 25 and easement acquisition is anticipated to stay within 131 1 the budgeted amount of $25,000. The next step for 2 Sutherland Road drainage is to enter into a contract 3 with a licensed professional engineer once the scope and 4 fees have been determined. County Engineer will place 5 this on the court agenda later this summer. 6 The Willow Bend Road and the Coldwell Lane 7 drainage project are not currently funded, but being 8 considered in the 2021-22 budget process. It is 9 anticipated that $150,000 is an appropriate amount to 10 budget for engineering, surveying, and easement 11 acquisition. 12 Part of the engineering scope would be to 13 determine an appropriate construction budget for the 14 following fiscal year 2022-23. It is recommended to 15 budget $1.5 million as a place holder for construction 16 if it becomes necessary to show these preliminary 17 anticipated costs; otherwise, wait until the engineering 18 is done. 19 A fourth location between Center Point and 20 Comfort has been identified as an area that floods over 21 State Highway 27. This is generally between Lane Valley 22 Road and Hermann Sons Road; however, it should be noted 23 that one and a half linear miles of State Highway 27 in 24 this area is located in the floodplain. 25 Because this special flood hazard area is so 132 1 long and large, it is anticipated that installation of 2 drainage ditches will not mitigate the flooding during 3 large storm events. Everything will be inundated. To 4 correct the issue would require elevating the highway, 5 which is not cost effective considering the frequency of 6 flooding events for this stretch of road. 7 So it's on our radar screen right now. I 8 recommend that we would stick with these Culverts A, B, 9 and C that are back in the Center Point area and keep 10 the other area between Lane Valley and Hermann Sons Road 11 on our radar screen. This is information and discussion 12 only. 13 COMMISSIONER MOSER: Yeah, this -- I asked 14 Charlie to bring this forward to the Court because it 15 shows on the map the -- the acreage that goes through 16 these culverts. Like the one in Culvert A is over 4,000 17 acres that drain through that area, okay. Culvert -- 18 and -- excuse me, 300 acres in Culvert A. And that's 19 where we're talking about in Center Point Village today. 20 And then these other regions of 4,000 acres is flowing 21 through the Center Point Steel Creek. 22 And I would -- this will come up as part of 23 the budget process. When we did not have the $150,000 24 in there for the engineering study and so, Charlie, 25 you're recommending that we proceed with the engineering 133 1 study on this today, or just this for information -- 2 MR. HASTINGS: For -- well, information and 3 discussion. I know that we were here at the budget 4 workshop the other day that the Court had given 5 direction to budget a certain amount. Tanya can speak 6 to that. Did you put $150,000? 7 MRS. SHELTON: (Nodding head yes.) 8 MR. HASTINGS: We met in the hallway and I 9 said I think $150,000 would cover engineering -- 10 COMMISSIONER MOSER: Okay. 11 MR. HASTINGS: -- surveying and easement 12 acquisition. And since then, I met with a licensed 13 professional engineer who confirmed that that's a good 14 number. 15 COMMISSIONER MOSER: Okay. Okay. 16 COMMISSIONER LETZ: Judge, a comment. I'm 17 going to go to the Judge's 30,000 feet. The State has 18 put a rush on flood planning, and they put a date, 19 August 31st, to have plans starting to present -- I mean 20 concepts. It's not necessarily engineering plans but -- 21 COMMISSIONER BELEW: Placeholder. 22 COMMISSIONER LETZ: Placeholder, really. So 23 this one needs to go on, but I think also the one at 24 Sutherland, which we just talked about -- not 25 Sutherland. 134 1 COMMISSIONER MOSER: Lane Valley area? 2 COMMISSIONER LETZ: No. The -- by Coplin's 3 property. 4 MR. HASTINGS: And I didn't -- didn't even 5 identify that one. I thought -- 6 COMMISSIONER LETZ: It's between kind of 7 Boardwalk and -- 8 COMMISSIONER MOSER: Okay. Yeah, yeah. 9 COMMISSIONER LETZ: Anyway, there's one 10 there -- 11 MR. HASTINGS: And we need to add that then 12 to the radar screen. 13 COMMISSIONER LETZ: Where I looked down 14 right now at Lane Valley, I want to meet with you out 15 there because it's not that big of a stretch. It's only 16 an area about the width of this room that's a problem. 17 MR. HASTINGS: Okay. 18 COMMISSIONER LETZ: And in a big way. And, 19 you know, it is -- there's already an easement that we 20 all know that -- and Kelly knows about it, that goes to 21 the river partially. 22 COMMISSIONER BELEW: That wouldn't be part 23 of the same study. 24 COMMISSIONER LETZ: No, there's three -- 25 there's three spots. 135 1 COMMISSIONER BELEW: Three different places. 2 COMMISSIONER LETZ: Right. 3 COMMISSIONER BELEW: And this would be the 4 most pressing with -- 5 COMMISSIONER LETZ: Right. Right. And then 6 it also has the Flood Warning System, being part of 7 the -- so four would be presented or posted to the 8 planning group. And I'm an alternate with that. So I'm 9 kind of in the loop on the decisions with that. But we 10 have until August 31st to finalize it. 11 COMMISSIONER MOSER: So this -- this is for 12 information. Part of the budget. And I was allocating 13 a million and a half in there. We said no, let's just 14 do $150,000 study, so that's what this -- this is for. 15 For A, B and C is for $150,000. So do we need to amend 16 that to do the other things you were talking about? 17 COMMISSIONER LETZ: I think that the -- if 18 they get funded by the State there's going to be some 19 sort of a match. And I think 150 is probably sufficient 20 right now. 21 COMMISSIONER MOSER: Okay. Good enough. So 22 there's no action other than the fact when we go to the 23 budget that we'll make sure that $150,000.00 is in the 24 budget. Okay. 25 JUDGE KELLY: So no action? 136 1 COMMISSIONER MOSER: I don't think so. 2 MR. HASTINGS: Well, and I believe -- I 3 believe that Commissioner Letz had also, you know, 4 during the budget process had identified $50,000.00 for 5 the flood warnings. 6 COMMISSIONER LETZ: Right. 7 MR. HASTINGS: You mentioned the flood 8 warnings, remember? 9 COMMISSIONER MOSER: Right. That's a 10 different thing other than flood -- that's flood 11 warning, that's the sirens and -- 12 MR. HASTINGS: Right. But to be clear, 13 there's three culverts that we just talked about here, 14 A and B would be the 150,000 -- 15 COMMISSIONER MOSER: A, B, and C is 150. 16 MR. HASTINGS: And C is Sutherland and it's 17 already -- it's already funded. 18 COMMISSIONER MOSER: Well, okay. So let's 19 just say A, B, and C -- 20 MR. HASTINGS: Together 175. 21 COMMISSIONER MOSER: -- we got 150,000. 22 Right. 23 MR. HASTINGS: 175. 24 COMMISSIONER MOSER: Right. Okay. 25 MR. HASTINGS: 175 if you add them together. 137 1 Sutherland is already funded -- 2 COMMISSIONER MOSER: Okay. I gotcha. 3 MR. HASTINGS: -- at 25. 4 COMMISSIONER MOSER: Okay. 5 MR. HASTINGS: So we can set that to the 6 side. We need to hire an engineer. We could hire an 7 engineer at the next court meeting. 8 COMMISSIONER MOSER: Good. Okay. So do we 9 need to take action to hire the engineer? Are you going 10 to put that on a future agenda? 11 MR. HASTINGS: Future agenda. Yes, sir. 12 COMMISSIONER MOSER: Okay. Good enough. So 13 it's -- this is information. 14 MR. HASTINGS: And if A and B are approved 15 through the budget process, then we'll hire an engineer 16 to do that also. Later but in the fall. 17 COMMISSIONER MOSER: Okay. Good deal. 18 Charlie, thank you. I think it's just very interesting 19 to look at these areas that -- of those culverts. I 20 mean, they're huge. Thanks, Charlie. 21 JUDGE KELLY: Okay. The last timed item 22 that we have is item 1.22 consider, discuss and take 23 appropriate action for the Court to authorize the 24 placement of signs reading, "Kerr County Property, 25 Authorized Personnel Only" for portions of Sheppard Rees 138 1 Road. Charlie Hastings. 2 MR. HASTINGS: The portion of Sheppard Rees 3 Road from the State Hospital south to the entrance of 4 the Horizon Subdivision, formerly known as "Roller 5 Coaster Hill," was relocated and reconstructed about 15 6 years ago to address overly steep grades, inadequate 7 road width, and other safety issues. 8 It is classified as an arterial and traffic 9 is projected to increase over the next ten years as the 10 area continues to develop. It was reconstructed on an 11 embankment, both sides of the steepest sections have 12 guardrails, thus limiting access to the former road and 13 adjacent properties. 14 The shoulder is about four feet wide on each 15 side, it is striped as a "double yellow," meaning 16 passing is forbidden, and the speed limit is 45 miles 17 per hour. There are two access points on the west side 18 along this stretch intended and meant only for Road & 19 Bridge crews for maintenance and material storage 20 purposes. That's how we access the old "Roller Coaster 21 Hill" area, and we store materials there and we tried to 22 build up the embankment and make it not as steep. Make 23 it safer. 24 One point of access is suitable for entrance 25 only, while the other can be used as an entrance or 139 1 exit; however, use of either exit point can only be done 2 with extreme caution by trained Road & Bridge employees 3 driving Road & Bridge equipment. Nobody else should be 4 driving on there. The use of these access points by an 5 untrained motorist is not advised. 6 A public hearing was held at 10 a.m. on July 7 the 14th, 2021 to allow the public to speak concerning 8 placement of these signs and restrictions and nobody 9 spoke for or against it. 10 The County Engineer recommends that the 11 Court authorize the placement of signs reading, "Kerr 12 County Property, Authorized Personnel Only," for the 13 county maintained portions of Sheppard Rees Road from 14 the State Hospital south to the entrance of The Horizon 15 subdivision. Precinct 1. 16 COMMISSIONER BELEW: Move for approval. 17 COMMISSIONER MOSER: Second. 18 JUDGE KELLY: Motion's been made by 19 Commissioner Belew, seconded by Commissioner Moser to 20 approve placing the signs on Sheppard Rees Road as 21 presented. Any discussion? 22 COMMISSIONER HARRIS: Charlie, what was the 23 issue here? We getting four-wheelers in there or people 24 going four-wheeling, or what was -- 25 MR. HASTINGS: It just was something that 140 1 was brought to my attention recently. And when we went 2 out there to look at it, I think a lot of it is because 3 we're -- we're hauling spoils from our road project to 4 that area to reuse and recycle. And so when we drove 5 down there to observe that being done, we said this is 6 dangerous. 7 And then we understood from some of the 8 property owners that folks will drive and use that area 9 to watch the fireworks for 4th of July, and I cannot 10 fathom a family after those events trying to pull out. 11 It's very scary. 12 JUDGE KELLY: Okay. Those in favor raise 13 your hand. Unanimous, five zero. Thank you, Charlie. 14 Let's go back on the agenda to Item 1.5, 15 which is to consider, discuss and take appropriate 16 action to surplus various items of furniture from the 17 District Clerk's inventory. 18 MRS. GRINSTEAD: They had jury selection so 19 Dawn couldn't be here, but it's -- she's got the list 20 behind the -- 21 COMMISSIONER HARRIS: She's got the list. I 22 move for approval. 23 COMMISSIONER BELEW: Second. 24 JUDGE KELLY: Motion's been made by 25 Commissioner Harris, seconded by Commissioner Belew to 141 1 approve the list of items of furniture that have been 2 provided in our attachment. Any other discussion? 3 Those in favor raise your hand. Unanimous, five zero. 4 1.6 consider, discuss and take appropriate 5 action to accept furniture donation from Tom Pollard. 6 I talked to Judge Pollard who says he's got 7 a whole bunch of furniture over there, some of which is 8 in real good shape; some of it's not. 9 COMMISSIONER MOSER: Over at his office? 10 JUDGE KELLY: Yeah. Opening it up to the 11 County. 12 COMMISSIONER BELEW: He got any Jackalopes 13 or any of that kind of stuff over there? He has a lot 14 of that in storage. 15 JUDGE KELLY: He does. I don't know what 16 he's doing with that. 17 COMMISSIONER HARRIS: I move for approval. 18 COMMISSIONER BELEW: Second. 19 JUDGE KELLY: Motion's been made by 20 Commissioner Harris, seconded by Commissioner Belew to 21 accept the furniture donation from Tom Pollard. Those 22 in favor raise your hand. Unanimous, five zero. 23 1.7 consider, discuss and take appropriate 24 action on request from extension office to put a 25 handicap parking sign in their parking lot. Shane 142 1 Evans. 2 MR. EVANS: Yes, sir. Good morning, 3 gentlemen. They have requested a handicap parking. 4 They don't have a handicap parking sign there right now 5 and they asked me to take care of that. I asked Road & 6 Bridge and they said use a regulatory sign. I was 7 informed that it is a regulatory sign so I'm asking for 8 y'all's permission now to put a handicap parking lot 9 sign at the Ag Extension. 10 COMMISSIONER MOSER: Move for approval. 11 COMMISSIONER BELEW: Does anything have -- 12 does something have to be painted on it, too? On the -- 13 on the parking lot or just the sign? 14 MR. EVANS: I can have just the sign. Yeah, 15 just the sign. Now, if I need to officially make it 16 like a van handicap parking then I would have to put -- 17 you know, have -- 18 COMMISSIONER BELEW: Markers on the side. 19 MR. EVANS: -- the markings on the side. 20 COMMISSIONER MOSER: Move for approval. 21 COMMISSIONER LETZ: Second. 22 JUDGE KELLY: Motion's been made by 23 Commissioner Moser, seconded by Commissioner Letz to 24 approve putting a handicap sign at the Extension Office. 25 Any other discussion? Those in favor raise your hand. 143 1 Unanimous, five zero. 2 1.8 consider, discuss and take appropriate 3 action to approve the nomination committee selection of 4 a County employee to participate in the Kerr County 5 Leadership Class of 2021-22 and submit the application 6 to the Kerrville Chamber of Commerce. 7 And I understand we're on a short timetable 8 on this. Is that right? 9 MRS. STEBBINS: Yes, sir. We're on a short 10 time deadline and so we've got to -- well, the Court has 11 to make a decision today on who they choose to go 12 through that programming. There are three of us on the 13 committee. One of them recused herself because one of 14 us nominated her. So Tracy and I have nominated 15 Jennifer Doss to go through the Kerr County Leadership 16 Program. 17 COMMISSIONER MOSER: Move for approval. 18 COMMISSIONER HARRIS: Second. 19 JUDGE KELLY: Motion's been made by 20 Commissioner Moser, seconded by Commissioner Harris to 21 approve appointing Jennifer Doss to attend the Kerr 22 County Leadership Class for the 2021-22 year. Any 23 discussion? Those in favor raise your hand. Unanimous. 24 MRS. STEBBINS: Thank you. 25 JUDGE KELLY: You are now officially our 144 1 representative. 2 Item 1.9 consider, discuss and take 3 appropriate action to approve and adopt the revised Kerr 4 County Budget Calendar for fiscal year 2021-2022. 5 MR. ROBLES: Good afternoon. We are 6 presenting a revised budget calendar that takes into 7 account the Legislative -- 87th Legislative Senate Bill 8 1357. The major change you'll see will be on the second 9 page. The current calendar has us adopting -- voting to 10 adopt the budget on September 13th. This revises it to 11 August 23rd, following the public hearing on the 12 proposed budget. 13 The good news is we don't have to change or 14 add any meetings. We already have planned meetings for 15 this, so just moving up the time frame. 16 COMMISSIONER HARRIS: I'll move for 17 approval. 18 COMMISSIONER BELEW: Second. 19 JUDGE KELLY: Motion's been made by 20 Commissioner Harris, seconded by Commissioner Belew to 21 approve the revised Kerr County Budget Calendar as 22 presented. 23 Commissioner Moser, I'll turn to you, 24 because we tentatively have it set on the 23rd, which 25 will be the day we adopt the budget for the swearing in 145 1 of your successor. And this would be a good opportunity 2 for you to have one last vote -- 3 COMMISSIONER MOSER: Right. 4 JUDGE KELLY: -- if you would like. 5 COMMISSIONER MOSER: No, that -- I'll do 6 that. And I think -- yeah. Yeah, James and I talked 7 about that earlier. 8 JUDGE KELLY: Then, what I would do to 9 accommodate that is we'll put the swearing in towards 10 the end of the meeting. 11 COMMISSIONER MOSER: Okay. Good. 12 JUDGE KELLY: It would be so unfair to ask 13 somebody to come in and vote on the budget -- 14 COMMISSIONER MOSER: Sure. 15 JUDGE KELLY: -- that hasn't been here. 16 COMMISSIONER MOSER: You're right. I think 17 that's a good idea. 18 JUDGE KELLY: So with that, any other 19 discussion? Those in favor raise your hand. Unanimous, 20 five zero. Very good. 21 Next item is 1.10 consider, discuss and take 22 appropriate action to accept the resignation of Kenneth 23 Wilke as Constable of Precinct 3. Commissioner Letz. 24 COMMISSIONER LETZ: Yes. Kenneth is out of 25 town right now. I think he's on his way back to Texas 146 1 from Colorado. But he sent me an e-mail and told me 2 that he is resigning effective -- I think it was August 3 1st. Well, the end of that pay period right during 4 that -- right around there. End of the first pay period 5 in early August. 6 So I wanted to announce that to the public, 7 that he has submitted his resignation. Based on the 8 County Attorney's request, he's going to send a letter 9 or give me a letter when he gets back, but he has sent 10 me an e-mail. That's it. 11 JUDGE KELLY: So do we have to -- 12 COMMISSIONER BELEW: No action. 13 JUDGE KELLY: No action? 14 COMMISSIONER LETZ: Do we have to accept it? 15 MRS. STEBBINS: You have to accept it. Yes. 16 COMMISSIONER LETZ: Okay. Make a motion 17 that we accept the resignation of Kenneth Wilke as 18 Constable of Precinct 3. 19 COMMISSIONER HARRIS: Second. 20 JUDGE KELLY: Okay. Motion's been made by 21 Commissioner Letz, seconded by Commissioner Harris to 22 accept the resignation of Kenneth Wilke as Constable of 23 Precinct 3. Any other discussion? 24 COMMISSIONER LETZ: I will make a comment on 25 this because it's a little bit of an unusual situation. 147 1 Kind of in relation to -- why don't you call the next 2 item first and then I can explain the unusual situation. 3 JUDGE KELLY: Yeah. Item 1.11 consider, 4 discuss and take appropriate action -- did we vote to 5 accept? 6 COMMISSIONER LETZ: Oh, we -- yeah, let's go 7 ahead and do that. 8 JUDGE KELLY: Okay. All those in favor of 9 accepting the resignation, raise your hand. Five zero, 10 unanimous. 11 Let's call 1.11 consider, discuss and take 12 appropriate action on appointing a successor for 13 Constable Precinct 3 to replace Kenneth Wilke. 14 COMMISSIONER LETZ: Most of you probably 15 remember that there was an election last year and Paul 16 Gonzales was elected to be Constable Precinct 3. At 17 that time he was the resource officer at KISD and Tivy 18 High School, and because of some changes at KPD and some 19 other things, he felt that it was really important for 20 him to maintain that position at Tivy High School as a 21 KPD resource officer. 22 But he was very interested and he wanted to 23 do this but he couldn't do both. He wanted to be 24 Constable but he couldn't do both. At the time, I 25 talked Ken Wilke and asked Ken if he would continue as 148 1 long as he wanted to and to remain as Constable so we 2 would have some continuity and to let Paul decide what 3 he wanted to do and where he would end up. 4 And he has since -- they have restructured 5 the resource officer over there. He's comfortable 6 leaving. And he would like to be the Constable. I can 7 think of no one better to be a Constable of Precinct 3. 8 JUDGE KELLY: And he's really liked by 9 the -- 10 COMMISSIONER LETZ: He was really liked by 11 the public. And you know, he was here this morning. 12 He's in a meeting right now. I just texted him. He 13 said that, of course, he can't come back. But I know he 14 definitely would like to. So just a little bit of an 15 unusual situation. Usually we go out for applications 16 and all that, but I think that Paul should be appointed. 17 So I'll make a motion to appoint Paul 18 Gonzales as the Constable, the new Constable for 19 Precinct 3 upon the resignation of Ken Wilke. 20 COMMISSIONER BELEW: Second. 21 JUDGE KELLY: Motion's been made by 22 Commissioner Letz, seconded by Commissioner Belew to 23 approve the appointment of Paul Gonzales to serve as the 24 Constable for Precinct 3 upon Kenneth Wilke's 25 resignation. 149 1 COMMISSIONER LETZ: It will be effective 2 whenever Ken's last day is. 3 JUDGE KELLY: The end -- the end of the 4 first pay period in August. 5 COMMISSIONER LETZ: Okay. Early August. 6 JUDGE KELLY: Okay. Well, I would like to 7 say that I've known Paul Gonzales for a long time, and 8 he taught at the police academy. He's a great person 9 and a great law enforcement officer. And he's great 10 with those kids over at Tivy High School and will be a 11 great addition to the County, I think. 12 I also want to thank Kenneth Wilke, because 13 when Paul answered his conscious, and we respected that, 14 so he did not take office as Constable, we approached 15 him and asked him to stay on. And I respect his 16 decision to stay on. We appreciate that. And I respect 17 his decision that it's time for him to leave. He's 18 ready for his retirement. So I think we've got two 19 great people here, one on the way out and one on the way 20 in. But this is a win/win for the County in my opinion. 21 COMMISSIONER MOSER: Right. 22 JUDGE KELLY: So with that, those in favor 23 raise your hand. Unanimous. 24 Move on to 1.12 consider, discuss and take 25 appropriate action to replace the current vacation and 150 1 sick leave policy with a PTO policy. Where are my 2 playbooks? Miss Doss. 3 MRS. DOSS: Yes. But the proposal that's up 4 for your consideration today for the new PTO policy will 5 replace the current vacation and sick policy. Basically 6 anything in your vacation bucket as of 9-30 7 automatically transfers to your PTO bucket balance. 8 And that any -- any time that current 9 employees have in their sick leave balance by 9-30 stays 10 in their sick leave balance for them to use in the 11 future. Employees affected 10-1 or after will not 12 receive a sick leave vacation. 10-1 or after will only 13 accrue into your personal time off bucket, or your paid 14 time off bucket. 15 The maximum cap for hours in your PTO bucket 16 is 320. So it would be possible for new employees, if 17 they retain that 320 or over, that would automatically 18 transfer into the sick leave bucket for them so they can 19 stash it away for a rainy day. So nobody loses 20 anything. 21 I've also had the question if you don't get 22 your balance down below 160 by 9-30 are you going to 23 lose it since the new max is 320? Anything that's in 24 your -- your vacation bucket will transfer. Not going 25 to lose anything. 151 1 COMMISSIONER HARRIS: Nobody loses anything? 2 MRS. DOSS: Nobody loses anything. 3 JUDGE KELLY: And for those people that did 4 not see the workshop, because we dealt with this 5 specifically, and I did bring flash cards. But whatever 6 you had in terms of sick leave, whatever you have in 7 terms of your vacation, everybody -- every County 8 employee keeps the exact same benefits that they had 9 before. 10 But we are going to the PTO policy. That's 11 the paid time off. So that if you don't use your 12 sick -- you don't use your sick leave, you can use that 13 as paid time -- what used to be sick leave, you can use 14 that. And so we just want to make sure no one's losing 15 anything. 16 MRS. DOSS: Correct. 17 COMMISSIONER BELEW: And new employees start 18 on the new schedule? 19 MRS. DOSS: Right. 20 COMMISSIONER MOSER: Any major objections 21 from any of the Department Heads or anything? 22 MRS. DOSS: I haven't heard any. 23 COMMISSIONER MOSER: Okay. 24 MRS. DOSS: All I've heard is positive. 25 Most people understand they're not losing anything. 152 1 They're -- they're very much in favor of it. 2 COMMISSIONER MOSER: Good. 3 JUDGE KELLY: Once we got it explained, they 4 liked it. 5 COMMISSIONER LETZ: I'll make a motion we 6 approve the policy effective October 1st? 7 MRS. DOSS: Yes. 8 COMMISSIONER BELEW: Second. 9 JUDGE KELLY: Motion's been made by 10 Commissioner Letz, seconded by Commissioner Belew to 11 approve and replace the current vacation/sick leave 12 policy with the new policy as presented. Those in favor 13 raise your hand. 14 COMMISSIONER LETZ: Effective? 15 MRS. DOSS: Thank you, gentlemen. 16 JUDGE KELLY: Effective October 1. 17 Okay. Item 1.13 is really informational. 18 And this is just to make sure that the public knows and 19 the other people here in the County know, that the grant 20 that was given to Kerr County from the Texas Indigent 21 Defense Commission was a little over two and a half 22 million dollars for our Hill Country Regional Public 23 Defender's Office. 24 The grant was originally scheduled to take 25 place beginning of FY 2021 -- '22 -- or '20. Last -- 153 1 last October. But we didn't have -- we didn't have the 2 office open. We didn't have a Chief Defender. We 3 didn't open until January 1. So we lost three months of 4 what would have been available for grant period for us 5 to be reimbursed monies that we've spent. 6 And what the TIDC has graciously done, and 7 we really appreciate their cooperation on this, is 8 because we got started three months late they're 9 extending that so that we get to actually charge these 10 expenses that are going to be incurred this last 11 quarter, from September 30 -- or October 1 until the end 12 of the year, on the original grant. 13 And what's important about that is the 14 original grant was an 80/20 matching grant, meaning that 15 the State was giving us 80 percent of the cost of 16 running the office, and the five counties were going to 17 share proportionately in the other 20 percent. 18 We have -- we're in the process of filing 19 our -- our second grant, which is the same grant, which 20 will be a one-third/two-thirds matching grant. So this 21 represents a -- you can do the math. This is much more 22 favorable for the five counties to be able to enjoy the 23 80 percent grant match. 24 And I don't think we have take any action, 25 but let's take it anyway. 154 1 COMMISSIONER LETZ: I think we probably 2 should because it's unclear whether we need action. So 3 it's good to take action. I'll make a motion that we 4 authorize the County Judge to send a letter to TIDC 5 requesting the three-month extension. 6 COMMISSIONER MOSER: Second. 7 JUDGE KELLY: Okay. Motion's been made by 8 Commissioner Letz, seconded by Commissioner Moser to 9 send a request gratifying the extension of three months 10 for the original TIDC grant as presented. Those in 11 favor raise your hand. Unanimous, five zero. 12 Okay. I'm sorry. Here we are, caught up. 13 Item 1.14 consider, discuss and take appropriate action 14 regarding the process for appointing a replacement for 15 the Commissioner Precinct 2 vacancy. Ms. Bell. 16 MS. BELL: I'm just asking a question on 17 why -- how much longer of your term is left? 18 COMMISSIONER MOSER: Until December the 19 31st, 2022. 20 JUDGE KELLY: A year and five months. 21 MS. BELL: These are two year -- 22 COMMISSIONER MOSER: One and -- a year and 23 five months. Yeah. 24 MS. BELL: Okay. That's -- 25 COMMISSIONER HARRIS: Out of a four-year 155 1 term. 2 MS. BELL: What -- what are the usual terms? 3 COMMISSIONER MOSER: Four years. 4 COMMISSIONER HARRIS: Four years. 5 MS. BELL: Four years. Okay. With such a 6 long time left on your term, isn't it -- would it be 7 more appropriate to have an election or somebody to fill 8 that position? 9 JUDGE KELLY: The law says we have to do it 10 this way, but I'm going to defer to the County Attorney 11 and we've got our Elections Administrator in the back, 12 Mr. Reeves, to explain exactly why this works this way. 13 MRS. STEBBINS: The County Judge is 14 authorized to appoint the successor for this position 15 and there will be -- the position will be on the ballot 16 at the same time that it otherwise would have been had 17 Commissioner Moser fulfilled his four-year term at that 18 general election. 19 JUDGE KELLY: Okay. Well, but to be 20 specific, I'm doing what she told me to do. I didn't 21 ask to do this. And I'm -- I'm doing what the law 22 provides. I've checked with Nadene Alford. I know 23 Bob's in the back, back there. 24 The way the law is written is if -- if we 25 have a vacancy on Commissioners' Court of a 156 1 Commissioner -- if the County -- if the -- a County 2 Judge vacancy, then the Court appoints the County Judge 3 replacement. If it's a Commissioner vacancy, the County 4 Judge appoints the replacement, and they serve until the 5 next general election. Generally elections are every 6 two years. '22 will be the next general election. 7 And so the successor will do that. Just 8 like when -- when -- you've got Bob Reeves sitting 9 behind you, he's our Tax Assessor Collector. He was 10 appointed Commissioner by Judge Pollard. And I believe 11 back when Commissioner Williams seat was vacant, Judge 12 Tinley appointed Guy Overby to fill that position then. 13 That's the way it's been traditionally done. That's 14 what the law says. We're just following what we're 15 required to do. 16 MS. BELL: Okay. How much input does the 17 public have on who's going to -- who you're going to 18 appoint? 19 JUDGE KELLY: Well, you know what? They -- 20 it's amazing. We've got -- I'll bet I've had at least 21 two dozen inquiries of interest. I think I was counting 22 them up before the weekend and I got another one today 23 already, so I think we've got probably 17 or 18 24 applicants. 25 MS. BELL: Applicants. 157 1 JUDGE KELLY: And -- and for those 2 applicants -- I mean, those are formal applicants. 3 Maybe not all 17 of them. Maybe 14 of the 17 have the 4 formal application in. So there's been a lot of 5 interest. A lot of activity. 6 And I will tell you, and there are those in 7 this room who will know what I'm speaking of when I say 8 this, I have been inundated with e-mails, with calls, 9 with endorsements from all the people sitting in this 10 room that have any interest in this job. It has -- it 11 has been overwhelming. And it's good. 12 MS. BELL: I have a question. Could there 13 be a town hall with some kind of debate over the 14 applicants so people can ask questions, and then after 15 that debate, then you could maybe make your decision at 16 that point, after a debate rather than just here's the 17 applicants and then you make a decision? That way, the 18 public has some input and questions to know who these 19 people are, who are -- would like to be a Commissioner. 20 JUDGE KELLY: Well, the procedure that we 21 put in place, is that we made a deadline for all 22 applications that have been received by Monday, August 23 the 2nd. It's a little over a week away. We still have 24 a week -- this week to go to accept applications. 25 And then -- and we're going to have a 158 1 special Commissioners' Court meeting on August the 9th. 2 Or no, that's our -- that's our first -- we have a 3 Commissioners' Court meeting on August the 9th. 4 And on that agenda for Executive Session, 5 because these are personnel matters, we're going to -- 6 this entire Court is going to meet in Executive Session 7 and discuss the applicants and come up with a short 8 list. The short list will be -- probably be five or six 9 people. Something like that. And that gets with the 10 full input and transparency. Every Court member 11 participating. 12 That list will be made public. Okay. And 13 the intention is that because we're using the standard 14 Kerr County employment application, which does authorize 15 background checks, the Sheriff and Chief Deputy is 16 sitting in the back of the room, will conduct background 17 checks on people on the short list, so that we know that 18 we're not putting some crook on the bench. 19 We talked about that earlier and laughed 20 about it, but we don't want to make any mistake like 21 that. 22 And also, what -- what I'm planning to do is 23 interview each one of the people on the short list. 24 Now, in terms of town hall, I had not anticipated a town 25 hall. I was just planning to interview those 159 1 applicants. 2 MS. BELL: Could it be possible at that 3 point with your short list to have a debate before you 4 make your decision? 5 JUDGE KELLY: Their identity will be 6 disclosed. And you're free to contact them and ask them 7 whatever you want. 8 MS. BELL: But the public should hear, you 9 know, rather than just me as a single person asking 10 those questions. 11 JUDGE KELLY: It will be known publicly, it 12 will be in the papers. It will be announced on the 13 website. There will be a press release on it. And if 14 you want to contact any of the people that make the 15 short list, feel free to do so. 16 MS. BELL: Or it could be put on another 17 agenda and we can -- I don't know. Could it be put on 18 an agenda and we'll could have a debate with these 19 people? 20 JUDGE KELLY: I've outlined the procedure 21 that I intend to follow. That's what I intend to do. 22 MS. BELL: Okay. Thank you. 23 JUDGE KELLY: Okay. With that, let's move 24 on to Item 1.16 consider, discuss and take appropriate 25 action regarding illegal immigration issues in Kerr 160 1 County. Ms. Bell. 2 MS. BELL: I yield my time to Maria 3 Hemmerline(phonetic). 4 JUDGE KELLY: This is Maria 5 Hemmerline(phonetic), right? 6 MS. HEMMERLINE: That's correct. Good 7 afternoon, and thanks for the time. Just briefly. If 8 you are living and breathing today, you have some idea 9 of what's going on at our southern border. And if you 10 have read or even just kind of put your ear to the wind, 11 you know that we just recently had another bail out 12 flash in Mountain Home. 13 So I'm always a proponent of digging a well 14 before you need it. If you need it, then that means 15 you're really in trouble. And I don't know if you 16 have -- I'm sure you have, I'm sure Sheriff Leitha has 17 spoken to some -- some people who are in the know, but 18 in Kinney County, the County Attorney there, Brent Smith 19 I believe his name is, has put together some interesting 20 resolutions that they have passed in Kinney. They've 21 passed in Edwards County. 22 And it's establishing the County as a 23 constitutional County, and I don't know -- I mean, you 24 know, I'm not here to tell you what you should do, but 25 they have found that it's been helpful there, and a 161 1 number of other counties have followed suit. So I just 2 wanted to highlight that to you in case it might be of 3 some value. If you could take a look at that, perhaps 4 even contact some of these other counties that are 5 seeing increases in numbers. Because if it's happening 6 there, it's -- it's going to come here. 7 Most recently, the Center for Immigration 8 Studies, which is a national organization, has put out a 9 study -- has put out a -- actually a report on the June 10 numbers. And we're well over a million people who have 11 come across the border. 1.2 million for the month of 12 June. So this is not going away. 13 You know, we just need to look at, you know, 14 what other -- other counties have been doing, I think, 15 and I'll be happy to leave this material with you. 16 And -- 17 COMMISSIONER HARRIS: Please pass it out, 18 Marie. I know you told me you have like -- 19 MS. HEMMERLINE: I have five copies. I 20 didn't bring six. And I know that's probably going 21 to -- I'll incur a hand slap for that, but I'll do that. 22 And can I hand it to -- 23 (Sheriff Deputy handing out material.) 24 JUDGE KELLY: And Miss Hemmerline, let me -- 25 let me inform you that we are very much in 162 1 communication. I was at a conference in Corpus Christi 2 in May with Judge Shahan in Kinney County, and he got up 3 and made a presentation there. 4 I also answered the Governor's call to a 5 summit down in Del Rio, where I went with all the judges 6 as well. We talked about this. I talked it over with 7 our previous Sheriff. I talked it over with our present 8 Sheriff. We're staying abreast of the situation. 9 MS. HEMMERLINE: Well, I appreciate you 10 doing that, Judge. There are many of us that don't feel 11 like the movement of the mouth by our current Governor 12 is necessarily causing any action to be taking place. 13 JUDGE KELLY: Well, I can share with you 14 what he told us in Del Rio and that was back in June 15 when I went down there. There were probably 100, 150 16 Commissioners and County Judges. 17 MS. HEMMERLINE: Yeah. 18 JUDGE KELLY: And one of the things that the 19 Governor is doing is anybody that comes across the 20 border he wants arrested. And you're reading about 21 them, they're getting them for trespass and other 22 things, especially if they cut fences. And putting 23 these people in jail on these misdemeanor offenses. 24 MS. HEMMERLINE: Well, let me just tell you 25 in Kinney County, they have ten -- they have room for 163 1 ten people. Basically what the Governor is saying that 2 he's doing is going to result in catch and release. 3 There's just no way around that. 4 So what I just want to convey is that we're 5 going to get filled up. You know, things are going to 6 move north. And I just think it might be a good idea to 7 take a look at what -- what others are doing and just 8 make the kind of -- you know, anything that we can do, 9 you know. 10 JUDGE KELLY: Well, I think our Sheriff's 11 Office is on top of it. So I'm -- 12 SHERIFF LEITHA: Yes, sir, we are. 13 JUDGE KELLY: -- I'll give you the 14 opportunity to speak to this. But they report to us on 15 a regular basis. 16 MS. HEMMERLINE: Oh, I -- I know, I'm just 17 simply -- my -- you know, I don't have an agenda. I 18 just basically wanted to give you those documents. If 19 you'd take a look at them and see if there's any value 20 added with those. And then Sheriff Leitha is obviously 21 doing a great job. We know that. But -- 22 JUDGE KELLY: And I will share with you that 23 as I sit down with the County Judge in Medina County, 24 the County Judge in Kinney County, the County Judge in 25 Edwards County, the County Judge in Kimble County and 164 1 Kendall County, and we all went through and -- and we 2 can see the immigration patterns. 3 MS. HEMMERLINE: Yeah. 4 JUDGE KELLY: For some reason, they like 41, 5 they don't like 173. And the Sheriff's shaking his 6 head. And I can tell you that I've gotten several phone 7 calls from Edwards County letting us know that they're 8 coming our way and they catch them out there. 9 MS. HEMMERLINE: Yeah. The other thing I 10 would just point out is that the NGO's are not really 11 helping us here, meaning organizations that take in 12 refugees. They're all refugees. So there might be a 13 large number being brought into our county under the 14 cover of darkness that we don't know about, which could 15 increase problems with crime. And so Sheriff Leitha 16 knows that. 17 But the point is, is that there are many of 18 us in the community that know, that we are in the know, 19 you know, more than some would think. And we just -- we 20 want to make sure everyone else -- 21 JUDGE KELLY: Well, and -- 22 MS. HEMMERLINE: -- is listening. 23 JUDGE KELLY: -- and thank you for sharing 24 the information. I can tell you that I was at an MHDD 25 board meeting a couple months ago and the district -- 165 1 the County Judge in Valverde County announced that they 2 were -- they were taking them by bus loads to 3 San Antonio. 4 MS. HEMMERLINE: Oh yeah. 5 JUDGE KELLY: And I privately spoke with him 6 after the meeting and said, by golly, you better not be 7 sending any of those bus loads to Kerr County because 8 you're going to have to answer to me for it. So we've 9 had that conversation. 10 MS. HEMMERLINE: Well, they've sent them 11 here before. 12 COMMISSIONER MOSER: We know about that. 13 MS. HEMMERLINE: There was a recent bus that 14 went to Los Dos Amigos with a whole lot of people that 15 got off the bus. About 35 people between -- all males 16 between about 30 -- between about 25 and 35 and they 17 were all wearing pajamas and backpacks. 18 I don't know what happened except they got 19 off the bus. I don't know if they just ate and got on 20 the bus and went someplace else. I don't know the rest 21 of the story. Someone else might know the story but I 22 don't, but that's what happened. 23 COMMISSIONER MOSER: Well, thank you for 24 sharing that. There's a lot of people that feel the way 25 you do. 166 1 JUDGE KELLY: The Sheriff is -- 2 COMMISSIONER MOSER: And me included. For 3 sure. 4 JUDGE KELLY: And I can assure you that our 5 Sheriff's Office is staying on top of the situation. 6 COMMISSIONER LETZ: And our -- all we can 7 really do on the issue is give budgetary support to the 8 Sheriff. And we're doing that. 9 COMMISSIONER MOSER: And pass a Resolution, 10 if we have one. 11 COMMISSIONER LETZ: Right. 12 COMMISSIONER MOSER: But thank for your 13 sharing the Resolution. 14 MS. HEMMERLINE: Which is one of the agenda 15 items on there. It says to not become a sanctuary 16 County. Or I don't know if we are -- 17 JUDGE KELLY: Say what? 18 COMMISSIONER LETZ: No. We're not. 19 MS. BELL: Something about sanctuary. 20 MS. HEMMERLINE: Yeah, there -- there is 21 another -- other resolutions that they wrote and one of 22 them -- I didn't hand it to you but -- because I don't 23 have copies, but I'll e-mail it to you. It's basically 24 establishing -- okay. Resolution declaring the County a 25 non-sanctuary county for the harboring of illegal 167 1 aliens. So I'll -- I'll e-mail it to you. 2 MS. BELL: That -- that was in there. I 3 made copies. 4 JUDGE KELLY: Yeah, it's -- all of us, as 5 elected officials, and the Sheriff, too, has taken an 6 oath to support and defend the Constitution of the 7 United States and the laws of the State of Texas. And 8 we're not going to have a sanctuary either. We're going 9 to enforce the laws. 10 MS. HEMMERLINE: That's good. Because there 11 are Sheriffs that are helping people come across that 12 river. 13 JUDGE KELLY: It will not happen in Kerr 14 County. 15 MS. HEMMERLINE: Thank you. 16 SHERIFF LEITHA: No. We put one in jail 17 this morning. So let me update y'all because Chris and 18 I have been up since 3 o'clock this morning. So it's a 19 very complicated subject. Chris and I were down there 20 for three years. It's very frustrating. 21 I just want to make it clear, it's not 22 illegal in State law to be an undocumented person. 23 Okay. That's first. So our hands are kind of tied 24 there. But it has picked up. I haven't had a chance 25 really, I did e-mail the Judge early this morning. On 168 1 41, unfortunately, I don't know why. Three vehicles 2 coming through there about 2:38 this morning. One of 3 our deputies turned on them. Of course, it's one deputy 4 and there's only about five, but you have to understand 5 there's still calls going on. He turns on them, 6 makes -- stops one on the interstate, the other two keep 7 going. 8 Our deputy apprehended a suspect, a 9 smuggler, and -- and five other ones. That smuggler is 10 in jail right now because that is illegal. Okay. The 11 other one goes on. We call KPD. KPD jumps on them. 12 Pursuit, normal everyday, wrecked out, got two of them. 13 We called onto Kendall County. Kendall 14 County was able to make a stop and get nine more. So 15 just to kind of update you, we will put them in jail 16 every chance we get, but at this time, you know, wait 17 and see what the government comes up with. It's very 18 tough. I mean, I'm trying to keep up with it. 19 When we were down there it was kind of catch 20 and release. You know, all that work to catch them and 21 you just send them right back. It's basically just 22 getting them processed, and it's very frustrating. 23 But that's kind of where we're at today. 24 You know, we'll entertain that. I talked to Sheriffs -- 25 going to the Sheriff's Conference next week, I'm sure -- 169 1 that's going to be one of the main topics, I'm sure. 2 Me and Chris just got training on this. But 3 just so y'all know, it's very frustrating. I mean, it's 4 a tough subject. I mean, as far as the Sheriff in this 5 county, you know, what I do is try to protect everybody. 6 That's my goal. 7 As they come through, you know, we try to 8 but, you know, it's a tough subject and, you know, we'll 9 keep -- try to keep you posted on it. 10 COMMISSIONER MOSER: And we've had public 11 discussions, too. Correct me if I'm wrong, Sheriff. I 12 asked for what it's costing the taxpayers to have in 13 jail, and I'll tell you the word illegal aliens, it's a 14 hundred thousand dollars a year. And it's big. And 15 it's ridiculous. So -- 16 SHERIFF LEITHA: Yes. Those are the ones 17 that have committed crimes. But what we're going to 18 start doing, Chris and I talked this morning, we're 19 going to try to keep better stats. Just to give a 20 number. We'll probably never get reimbursed, but what 21 does it actually cost? 22 And I had five guys out there all morning. 23 Other calls are coming in, you know. So fortunately, 24 border patrol came down an hour later. But, you know, 25 we're doing the best we can with what we got. That's a 170 1 big reason for this special response team I'm 2 developing. Because I feel it's only a matter of time 3 before something more happens. 4 COMMISSIONER BELEW: Do you always inform 5 ICE when you -- when you get those guys? 6 SHERIFF LEITHA: Yes, sir. Yeah, they -- 7 they came and picked them up this morning. Like I said, 8 it's about an hour. Normally, it's the pursuit where 9 the whole army is coming to us. One of my deputies at 10 2:38 in the morning, typical time for them, turned on 11 three vehicles, those were suspicious. 12 One of them leaned down, but one made a 13 mistake and threw a cigarette butt out the window so we 14 got that one. And that person is in jail right now for 15 smuggling. I mean, that's -- that is the whole goal is 16 trying to get those. The other people, you know, 17 they're just trying to get over here to work. But the 18 smugglers we will prosecute. 19 COMMISSIONER HARRIS: Sheriff, any idea what 20 happens to those that ICE picked up? 21 SHERIFF LEITHA: They'll take them back. 22 And then they've got so many different places. I think 23 Dilley is one of biggest ones they've opened up. They 24 basically process them and send them back. I mean, it's 25 like an open and closing door. 171 1 COMMISSIONER HARRIS: Sure. A revolving 2 door. 3 SHERIFF LEITHA: Yeah, exactly. I mean -- 4 UNIDENTIFIED VOICE: Dilley holds, what, 5 600? 6 SHERIFF LEITHA: I don't know the exact 7 amount. I know they just reopened it. I know they're 8 trying to get staffed and that may be the capability, 9 but what they can hold now, I know they're having a lot 10 of trouble getting staffing. 11 JUDGE KELLY: Well, we appreciate your 12 efforts very much. 13 SHERIFF LEITHA: Thank you, sir. My 14 pleasure. 15 JUDGE KELLY: Okay. Now we have to go back 16 to Item 1.23. We've got a few more items. Sheriff, I'm 17 going to call 1.23, 24 and 25 at the same time. 18 1.23 consider, discuss and take appropriate 19 action to approve a $10,000.00 donation from a citizen 20 to the Sheriff's Special Response Team Fund. 21 1.24 is to consider, discuss and take 22 appropriate action to approve a $500.00 donation from 23 Grimes Funeral Chapels for the Sheriff's Special 24 Response Team Fund. 25 And 1.25 is to consider and discuss and take 172 1 appropriate action to approve a $250.00 donation from 2 TDF Capital Management, LLC (Apache Springs), for the 3 Sheriff's Special Response Team Fund. Sheriff Leitha. 4 SHERIFF LEITHA: Yes. I'm looking for y'all 5 to approve and accept these funds. This goes back to 6 all this trafficking also. I intend to use this unit to 7 help us monitor that. That's kind of why I reorganized 8 the department and made a special operations division, 9 which that will be one of their primary duties, along 10 with this new analyst we're going to get and kind of 11 track this a little bit better. But basically I'm 12 looking to y'all to approve and accept these donations. 13 COMMISSIONER MOSER: Move for approval to 14 accept the donations. 15 COMMISSIONER BELEW: Second. 16 JUDGE KELLY: Motion's been made by 17 Commissioner Moser, seconded by Commissioner Belew to 18 accept all three donations in the amount of $10,000, 19 $500 and $250, for a total of $10,750.00. Any 20 discussion? Those in favor raise your hand. Unanimous, 21 five zero. 22 SHERIFF LEITHA: Thank you. 23 JUDGE KELLY: 1.26 consider, discuss and 24 take appropriate action to approve closing Jail Project 25 Fund 17 by moving funds to DSF 61. Ms. Shelton. 173 1 MS. SHELTON: Yes. The County jail 2 expansion project, the last one that was done was 3 financed with the Series 2015 limited tax bond. The 4 amount left in that project fund is about $146,000, just 5 a little bit shy of that. 6 The project has been completed. The current 7 principal balance of the debt is $12,235,000. The funds 8 remaining in the project account can be transferred to 9 the debt service fund, DSF, per the debt documents. 10 Transferring this amount will reduce the money needed 11 from property taxes to pay next year's debt service. 12 The County Attorney has reviewed this and 13 stated it is authorized and legal per the debt 14 documents, and the request is for closing Fund 17, the 15 jail expansion project, by moving the remaining funds to 16 pay toward jail expansion debt. 17 JUDGE KELLY: We can't use the money for 18 anything else. This is a win/win. 19 MS. SHELTON: It's a win/win. The project 20 is completed. 21 COMMISSIONER HARRIS: I move for approval. 22 COMMISSIONER BELEW: Second. 23 JUDGE KELLY: Motion's been made by 24 Commissioner Harris, seconded by Commissioner Belew to 25 approve transferring the funds from the jail project 174 1 Fund 17 to DSF 61 as presented. Any discussion? Those 2 in favor raise your hand. Unanimous, five zero. 3 Item 1.27 discussion regarding upgrading 4 Kerr County website. Commissioner Harris. 5 COMMISSIONER HARRIS: Yes. I -- I don't 6 think anybody in this room or in this County would say 7 that we have a really good website for the County. The 8 fact is, it's not very good at all. It's not user 9 friendly or what have you. And we've all known that for 10 a while and we haven't done anything. 11 And what kind of triggered this, I was 12 talking to Bob Reeves from the tax office and he had 13 initiated conversation with somebody to get a website to 14 make his better. And I thought golly, we need to do 15 something for the whole County. 16 And so I started talking to Clint Morris 17 here in town and also reviewing -- going online and 18 looking at some of the other counties, what they're 19 doing and who they're using, and I've initiated talks 20 with TAC, they do about 180 of the 254 counties. 21 And, you know, the price range -- after 22 looking into all this and dealing with three different 23 ones that do this for counties, I think it's going to be 24 best that we have a workshop on this at some point to 25 where we can compare apples to oranges and what have 175 1 you. Because it is Cadillac up here, and just where is 2 your price range and what are your needs. And so I 3 think that's what we need to do. 4 COMMISSIONER MOSER: So you're proposing a 5 workshop? 6 COMMISSIONER HARRIS: Yes, I am. 7 COMMISSIONER LETZ: We can have a workshop. 8 But just might mention, it would be great to have three 9 samples that you looked at and have them on the screen 10 so that we can kind of look at them and talk about 11 things we like and don't like. 12 COMMISSIONER HARRIS: I agree. 13 COMMISSIONER BELEW: It's also going to be 14 very important to have one that works well on the phone. 15 Some websites you go onto and they're great if you're 16 sitting at a computer and not so good on the phone, and 17 they take forever to load and all that stuff. That's 18 really important. 19 COMMISSIONER HARRIS: Yeah. Well, that -- 20 you know, I think that's what we all five look at and 21 kick around and decide upon. 22 JUDGE KELLY: And you're volunteering to be 23 the point person, right? 24 COMMISSIONER HARRIS: Yes, I am. 25 JUDGE KELLY: Okay. Good. I'll make a 176 1 motion that you do it. 2 COMMISSIONER HARRIS: Is there a date that 3 anybody wants to pick out for a workshop? I mean -- 4 COMMISSIONER BELEW: I like them to all fall 5 on Mondays, personally. Any Monday. 6 COMMISSIONER LETZ: We can do -- 7 COMMISSIONER MOSER: Well, let's see, we 8 don't have to have the Court actually set a workshop. 9 We can just do it. 10 COMMISSIONER LETZ: Yeah. Jody can 11 coordinate it and get a schedule. 12 MRS. DOWDY: I have a question. Is this 13 going to be in funding from this year's budget or no? 14 COMMISSIONER HARRIS: Well, we haven't got 15 that far. 16 MRS. DOWDY: So then -- okay. Later on. 17 Okay. 18 COMMISSIONER MOSER: Budget's about to get 19 closer. 20 COMMISSIONER BELEW: So everybody 21 understands, this is not IT. This is -- a website is a 22 much different thing. IT doesn't design websites; they 23 maintain them. 24 COMMISSIONER HARRIS: Their -- their hands 25 are full as it is. 177 1 COMMISSIONER BELEW: Yeah. So that's why it 2 hadn't been done until now. 3 COMMISSIONER HARRIS: That's right. 4 COMMISSIONER BELEW: And it probably 5 shouldn't come out of that budget either. 6 COMMISSIONER HARRIS: Yeah. This was just a 7 separate deal -- 8 COMMISSIONER LETZ: I think we probably do 9 need to put it in the budget though, because it's going 10 to be done in the next fiscal year, the work's going to 11 be done. And I imagine the people who do it are going 12 to want to get paid. 13 JUDGE KELLY: Like the salary study. 14 COMMISSIONER BELEW: So what's the high end 15 number that you got? 16 COMMISSIONER HARRIS: 50. 17 COMMISSIONER BELEW: Sounds about right. So 18 if that's a placeholder in the budget, then we'd be in 19 great shape. 20 COMMISSIONER HARRIS: Yeah. And then that's 21 the top and then others are on down. Okay. I'm going 22 to share an e-mail -- well, anything I get from all 23 three I'm going to share with Jody and she can put it 24 out to the rest of you. 25 JUDGE KELLY: What Jody does, we don't ask. 178 1 COMMISSIONER HARRIS: Yeah. That's it. 2 Just information. 3 JUDGE KELLY: Okay. Very good. 4 The last -- next item on the agenda is 1.28 5 consider, discuss and take appropriate action to approve 6 the Interlocal Agreement between the Regional Public 7 Defender's Office Local Government Corporation and Kerr 8 County to represent indigent capital murder defendants. 9 This is the Lubbock Public Defender's 10 Office. They've been doing this for some time. They 11 have most of the state insured. It has been a life 12 saver. There were counties that were filing bankruptcy 13 because they couldn't fund the capital murder defense 14 cost. And Lubbock came along and put together this 15 public defender's office that's dramatically been an 16 extension subsidized by the State and they provide a 17 service to us. 18 We pay a premium for it, like an insurance 19 policy, and if we get a capital murder case, they cover 20 the expense. And it is absolutely essential that we do 21 this. 22 COMMISSIONER LETZ: I move for approval. 23 COMMISSIONER BELEW: Second. 24 COMMISSIONER MOSER: It's a good deal. 25 JUDGE KELLY: Motion by Commissioner Letz, 179 1 seconded by Commission Belew to approve the Interlocal 2 Agreement for the Regional Public Defender Office for 3 capital murder indigent defense. 4 COMMISSIONER LETZ: Can I ask a question? 5 JUDGE KELLY: Sure. 6 COMMISSIONER LETZ: I know I can ask it. My 7 understanding is that our local PDO because of -- has 8 been asked to handle one of these cases. And the reason 9 is that -- the reason that this one's already handling 10 one side, and the other one is a separation of defense 11 counsel. 12 COMMISSIONER BELEW: Are you talking about 13 two Defendants? 14 COMMISSIONER LETZ: I think there's -- yeah, 15 two defendants, one murder. This group was handling one 16 and my understanding is they have asked our local PDO to 17 provide the defense for the other one. Is there a 18 mechanism in this for us to get reimbursed for that, or 19 how do we need to proceed on that part of it, I wonder? 20 JUDGE KELLY: I have no idea. That's a good 21 question. So the public understands what we're talking 22 about is when you have co-defendants in a capital murder 23 case like this, the same lawyers can't represent both of 24 the Defendants. It's a conflict of interest. 25 And we've got one where Lubbock PDO is 180 1 representing one, which means they can't represent the 2 other. And our newly formed five-county Public Defender 3 Office has been asked to represent the other capital 4 murder defendant? 5 COMMISSIONER LETZ: Yeah. And I believe 6 it's out of Medina County is where it comes out of. 7 COMMISSIONER BELEW: So what is the 8 question? 9 COMMISSIONER LETZ: The question is, how do 10 we get reimbursed? We shouldn't have to -- locally we 11 shouldn't have to pay for that defense, I don't think. 12 COMMISSIONER BELEW: If it was here, we 13 would have to pay the Lubbock group you're saying. 14 COMMISSIONER LETZ: The Lubbock group, we 15 pay a premium to. I think the Lubbock group should pay 16 us back for local. But I don't -- 17 JUDGE KELLY: We'll just have to check into 18 that. 19 COMMISSIONER MOSER: Or appoint a lawyer 20 from the Lubbock group where we're contributing -- 21 JUDGE KELLY: I have really studied this 22 Interlocal Agreement on that regard and I've asked the 23 County Attorney if she'd take a look at it. I'll be 24 happy to sit down and do it with you. 25 MRS. STEBBINS: Sure. 181 1 JUDGE KELLY: There should be some kind of 2 provision in the Interlocal Agreement that addresses 3 when they can't take the case. 4 COMMISSIONER LETZ: Right. 5 MRS. STEBBINS: Uh-huh. 6 COMMISSIONER LETZ: Anyway -- 7 JUDGE KELLY: And I'm assuming there is. 8 We'll -- 9 COMMISSIONER LETZ: I bring that up 10 because before it was a fleeting thought. And I know 11 that's the case, which incidentally the -- not capital 12 murders necessarily, but our local PDO has eight murder 13 cases already that they're handling. Which is a lot. 14 JUDGE KELLY: So we've got a motion and a 15 second to approve the Interlocal Agreement. Have we 16 voted on it? I don't think we have. Those in favor 17 raise your hand. Five zero. 18 2.1 pay bills. 19 MRS. SHELTON: Invoices for today's 20 consideration, $878,298.01. 21 COMMISSIONER MOSER: Not so much this time. 22 It's usually like $500,000. 23 MRS. SHELTON: It's been running closer to 24 800, 750 up to a million. 25 COMMISSIONER MOSER: That's inflation. Move 182 1 for approval. 2 COMMISSIONER BELEW: Second. 3 COMMISSIONER MOSER: Just wanted to make 4 inflation comment. 5 JUDGE KELLY: Okay. Any discussion? Those 6 in favor raise your hand. Unanimous, five zero. 7 Budget amendments? 8 MR. ROBLES: Yes. We have about eight of 9 them today. Non-departmental, maintenance, Road & 10 Bridge, County Court, County Clerk, elections, capital 11 projects, and also certifying Sheriff Office donations. 12 SHERIFF LEITHA: For the Special Response 13 Team. 14 JUDGE KELLY: These are all just typical 15 budget year-end transfers. 16 COMMISSIONER BELEW: This -- the autopsy and 17 inquest, that is -- how many does that represent? 18 MR. ROBLES: The cost? 19 COMMISSIONER BELEW: How many does that 20 amount pay for? 21 MR. ROBLES: We had 21,000 in autopsy and 22 inquest just this month alone. I don't know how much 23 each one is. I think I've seen bills from 3,000, 24 4,000 -- 25 COMMISSIONER LETZ: I think they're like 183 1 3,000 apiece. 2 COMMISSIONER BELEW: Yeah. I was thinking 3 something like that. 4 JUDGE KELLY: I think they're -- they're 5 more than that. 6 COMMISSIONER BELEW: So you -- but you've 7 got an odd number here so it's because money was 8 transferred over to cover miscellaneous? 9 MR. ROBLES: I don't know where we're going 10 to end up. But that's about all I could find in 11 non-departmental. If we need more than that, it'll have 12 to come from contingency so leaves in the bucket so 13 money that we know we won't need it. 14 COMMISSIONER BELEW: Move for approval. 15 COMMISSIONER HARRIS: Second. 16 JUDGE KELLY: Okay. Motion's been made and 17 seconded to approve the budget amendments as presented. 18 Any discussion? Those in favor raise your hand. Five 19 zero. 20 JUDGE KELLY: Late bills? 21 MRS. SHELTON: Yes. They amounted to 22 $91,808.78. 23 COMMISSIONER BELEW: Move for approval. 24 COMMISSIONER HARRIS: Second. 25 JUDGE KELLY: Motion's been made by 184 1 Commissioner Belew, seconded by Commissioner Harris to 2 approve the late bills as presented. Any discussion? 3 Those in favor raise your hand. Unanimous, five zero. 4 Auditor reports? 5 MS. SHELTON: Yes. We completed our 6 internal audit for Precinct 2, Justice of the Peace, and 7 we ask that you accept it. 8 COMMISSIONER LETZ: So move. 9 COMMISSIONER MOSER: Second. 10 JUDGE KELLY: Motion's been made by 11 Commissioner Letz, seconded by Commissioner Moser to 12 approve the Auditor reports on Precinct 2 as presented. 13 Any discussion? Those in favor raise your hand. 14 Unanimous, five zero. 15 Monthly reports, 2.5. 16 COMMISSIONER HARRIS: Yes. June 2021 17 monthly reports. Environmental health, Director Ashli 18 Badders. This report was actually considered with the 19 monthly reports from July 12, 2021, but the clerk 20 inadvertently did not put it on the cover sheet to be 21 read into the record, so now you're getting it. Was I 22 supposed to read that? 23 MRS. DOWDY: Yes. Thank you. 24 COMMISSIONER HARRIS: Okay. Animal Control 25 Services Director, Reagan Givens. County Auditor, Tanya 185 1 Shelton. Constable Precinct 3, Ken Wilke. County 2 Clerk, Jackie Dowdy. And fines, judgments and jury fees 3 collected as amended, J.P. 4, Bill Ragsdale. I move for 4 approval. 5 COMMISSIONER LETZ: Second. 6 JUDGE KELLY: Motion's been made by 7 Commissioner Harris, seconded by Commission Letz to 8 approve the monthly report as presented. Any 9 discussion? Those in favor raise your hand. Unanimous, 10 five zero. 11 Court orders. 12 COMMISSIONER LETZ: We have court orders 13 from July 12th meeting, numbers 38800 through 38820. 14 And we have a court order from our special meeting on 15 July 19th, 38821. They all look to be in order and I 16 move for approval. 17 COMMISSIONER HARRIS: Second. 18 JUDGE KELLY: Okay. Motion's been made by 19 Commissioner Letz, seconded by Commission Harris to 20 approve court orders as presented. Any discussion? 21 Those in favor raise your hand. Unanimous, five zero. 22 Information agenda. 3.1 status reports from 23 department heads. 24 There being none, we'll move on to item 3.2 25 status reports from elected officials. 186 1 There being none, let's go on to 3.3 status 2 reports from Liaison Commissioners. 3 COMMISSIONER HARRIS: They're -- yes, 4 extensions. Looks like we may be getting an extension 5 agent before long. They're going to have some 6 interviews next week, and then narrow it down to maybe 7 two and have a final. So getting close. They had over 8 20 applicants, so -- 9 JUDGE KELLY: I'll report on Juvenile 10 Probation. Most of you will remember that the CIP, the 11 Capital Improvement Planning Committee was looking at 12 the old juvenile facility that we had the 48 beds. And 13 we were trying to repurpose that for storage. And that 14 was the original plan. 15 We have been approached by several not for 16 profits as well as for profits, and even TJJD, the Texas 17 Juvenile Justice Department, about leasing that space. 18 There's a huge shortage of available juvenile beds right 19 now, and we have a 48 bed facility over there that the 20 original purpose was to do exactly that. 21 And we were talking about putting in some 22 cyclone fences and locks and everything and set up and 23 make it for storage. But they've asked if they can 24 lease it. 25 COMMISSIONER BELEW: It's a shame to waste 187 1 that specific type of facility. It's a shame to waste 2 that. 3 JUDGE KELLY: And you will recall that once 4 upon a time, probably about the time that you and I got 5 on the Court, there was a discussion about possibly 6 selling that building. And we tried to get appraisals 7 on it and we can't get anybody to appraise it. So a 8 lease is the best way for us to go because if we're 9 going to sell it we have to have an appraisal before we 10 can sell. 11 And there's space over there that's just 12 almost 20,000 square feet. At the going rate of $15 a 13 square foot per year just for, let's say, office space; 14 not even special purpose, we would probably be looking 15 at significant income. 16 COMMISSIONER BELEW: That would be good. 17 JUDGE KELLY: Just to let you know we're 18 working on that. 19 COMMISSIONER MOSER: Good. 20 JUDGE KELLY: And Jason's doing a great job 21 on that whole thing. 22 COMMISSIONER MOSER: Jason always does. 23 JUDGE KELLY: Any other Liaison Commissioner 24 reports? Okay. I don't believe we have anything for 25 Executive Session. 188 1 MRS. STEBBINS: No, sir. That's correct. 2 JUDGE KELLY: So, at long last, ten minutes 3 of one o'clock, we are adjourned. 4 * * * * * * 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 189 1 STATE OF TEXAS * 2 COUNTY OF KERR * 3 I, DEBRA ELLEN GIFFORD, Certified Shorthand 4 Reporter in and for the State of Texas, and Official 5 Court Reporter in and for Kerr County, do hereby certify 6 that the above and foregoing pages contain and comprise 7 a true and correct transcription of the proceedings had 8 in the above-entitled Regular Commissioners' Court. 9 Dated this the 7th day of 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