1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Regular Session 5 Monday, August 23, 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 BECK GIPSON, Commissioner Precinct 2 25 JONATHAN LETZ, Commissioner Precinct 3 DON HARRIS, Commissioner Precinct 4 2 1 I-N-D-E-X 2 NO. PAGE 3 *** Visitor's comments. 9 4 *** Commissioner's Comments. 12 5 1.1 Consider, discuss and take appropriate 14 action regarding update, facility use 6 and other matters related to the COVID-19 Delta variant, including hospitalization 7 numbers and capacity. 8 1.2 Consider, discuss and take appropriate 24 action on request from Center Point Area 9 Historical Preservation Association to put two 40-foot sections of railroad rails, 10 recovered from the City of Kerrville, at the Depot in Center Point Historical Park. 11 1.3 Consider, discuss and take appropriate 31 12 action on request by Hill Country Dispute Resolution Center, HCDRC, to renew contract 13 with Kerr County to provide mediation services in Kerr County, and for funding. 14 1.4 Consider, discuss and take appropriate 32 15 action to renew the 2021-2022 Retiree Medicare Supplement AMWINS Plan. 16 1.5 Consider, discuss and take appropriate 34 17 action to select administration/project delivery service provider(s) to complete 18 project implementation for the American Rescue Plan Act, ARPA, funding administered 19 by the U.S. Department of Treasury, other Federal or State Agency. 20 1.6 Consider, discuss and take appropriate 35 21 action to enter into an agreement with the U.S. Department of Treasury to comply with 22 ARPA award terms and conditions, and authorize the County Judge to sign said 23 award terms and conditions. 24 1.12 Consider, discuss and take appropriate 38 action regarding any changes to the proposed 25 Kerr County Budget for FY 2021-2022. 3 1 I-N-D-E-X 2 NO. PAGE 3 1.13 Consider, discuss and take appropriate 50 action to accept and approve the order 4 setting the salaries for the County Auditor and Assistant County Auditors pursuant to 5 Texas Local Government Code Section 152.031, and that the effective date be October 1, 6 2021. 7 1.14 Consider, discuss and take appropriate 52 action to accept and approve the order 8 setting the salaries for the 198th District Court Reporter and the 216th District Court 9 Reporter. 10 1.15 Public Hearing on the proposed Kerr County 52 budget for FY 2021-2022. 11 1.16 Consider, discuss and take appropriate 53 12 action to adopt the Elected Officials' salaries. 13 1.17 Consider, discuss and take appropriate 54 14 action to adopt FY 2021-2022 Kerr County Budget and take a record vote. 15 1.18 Public hearing for a revision of plat for 56 16 Cypress Springs Estates, Phase 2, Section 1, Lots 57 & 58, Volume 7, Pages 172-173. 17 1.19 Consider, discuss and take appropriate 56 18 action for the Court to approve a revision of plat for Cypress Springs Estates, Phase 2, 19 Section 1, Lots 57 and 58, Volume 7, Pages 172-173. 20 1.20 Consider, discuss and take appropriate 57 21 action for the Court to set a public hearing for 10 a.m. on September 27, 2021 for a 22 revision of plat for Spicer Ranch No. 3, Lot 16 W3-R, Plat File #17-02753. 23 1.21 Consider, discuss and take appropriate 57 24 action for the Court to approve a preliminary plat for Creekside Ranch at Camp Verde, 25 Phase 1. 4 1 I-N-D-E-X 2 NO. PAGE 3 1.22 Consider, discuss and take appropriate 64 action for the Court to issue a Certificate 4 of Compliance for the Meadowbrook Retirement Community Manufactured Housing Rental 5 Community Development, Phase 1, located at SH 27 and Hoot Owl Hollow. 6 1.7 Consider, discuss and take appropriate 115 7 action to approve Kerr County Investment Policy and Broker/Dealer List for Kerr 8 County's Investment Policy in accordance with the Public Funds Investment Act. 9 1.8 Consider, discuss and take appropriate 115 10 action to approve new juror donation form, adding an additional donation option of a 11 Veterans County Service Office as per SB456. This bill was signed by the Governor on 12 June 14, 2021 and becomes law effective September 1, 2021. 13 1.9 Consider, discuss and take appropriate 116 14 action to approve Monitoring Renewal Agreement with Beckwith for monitoring 15 services at the Juvenile Detention Center. 16 1.10 Consider, discuss and take appropriate 117 action to approve hiring a part-time employee. 17 1.11 Consider, discuss and take appropriate 118 18 action regarding SAVNS, Statewide Automated Victim Notification Service, grant acceptance 19 and ongoing oversight. 20 1.23 Consider, discuss and take appropriate 119 action to recommend Charlie Hastings as the 21 voting member of Region 11 Guadalupe Regional Flood Planning Group. 22 1.24 Consider, discuss and take appropriate 121 23 action to take a record vote on the proposed 2021 Kerr County tax rate. This will be a 24 combined tax rate for Kerr County and Lateral Roads. 25 5 1 I-N-D-E-X 2 NO. PAGE 3 1.25 Consider, discuss and take appropriate 126 action to set the date and time to hold 4 a public hearing for the 2021 tax rate for Kerr County and Lateral Roads. 5 1.26 Consider, discuss and take appropriate 126 6 action to set the date and time for adoption of the 2021 tax rate for Kerr County and 7 Lateral Roads. 8 1.27 Consider, discuss and take appropriate 127 action to take a record vote on the proposed 9 2021 Lake Ingram Estates Road District tax rate. 10 1.28 Consider, discuss and take appropriate 129 11 action to set the date and time to hold a public hearing for the 2021 tax rate for 12 Lake Ingram Estates Road District. 13 1.29 Consider, discuss and take appropriate 132 action to set the date and time for adoption 14 of the 2021 tax rate for Lake Ingram Estates Road District. 15 1.30 Consider, discuss and approve the 133 16 appointment of Election Judges and Alternates for the term of one year in 17 accordance with the Texas Election Code Section 32. 18 1.31 Consider, discuss and take appropriate 134 19 action on request from appointed and elected officials to appoint clerks and assistants 20 for their offices pursuant to Local Government Code Chapter 151. 21 1.32 Consider, discuss and take appropriate 135 22 action to surplus certain IT items. 23 1.33 Consider, discuss and take appropriate 135 action to set a date for a workshop to 24 discuss subdivision rules, proposed revisions that need to be explored, and the development 25 of an advisory committee. 6 1 I-N-D-E-X 2 NO. PAGE 3 1.34 Consider, discuss and take appropriate 141 action to ratify and confirm the Commercial 4 Tenant Estoppel Certificate for the Ingram Annex property located at 3350 Junction 5 Highway, Ingram, Texas 78025. 6 1.35 Consider, discuss and take appropriate 144 action on signature authority for disbursement 7 for the Center Point/East Kerr County Wastewater Project. 8 1.36 Consider, discuss and take appropriate 145 9 action regarding the 2022 Kerr Central Appraisal District budget. 10 1.37 Consider, discuss and take appropriate 146 11 action to approve the Memorandum of Understanding between Ingram ISD and the 12 Kerr County Sheriff's Office. 13 1.45 Consider, discuss and take appropriate 146 action to approve the Non-Terminal Agency 14 Agreement between Ingram ISD and Kerr County Sheriff's Office. 15 1.38 Consider, discuss and take appropriate 148 16 action to approve contract with the State Case Registry and Local Customer Service 17 Cooperative Agreement between the Office of the Attorney General of the State of 18 Texas and Kerr County, Texas. Upon approval have County Judge sign the same. 19 1.39 Consider, discuss and take appropriate 148 20 action to appoint individual to fulfill the unexpired term for Commissioner 21 Precinct 2 being vacated by Commissioner Moser. 22 1.40 Passed. 23 1.41 Passed. 24 1.42 Comments from Commissioners Court regarding 149 25 retirement of Commissioner Moser. 7 1 I-N-D-E-X 2 NO. PAGE 3 1.43 Consider, discuss and take appropriate 156 action to authorize painting and installing 4 security doors for the property located at 550 Earl Garrett, Kerrville, Texas. 5 1.44 Consider, discuss and take appropriate 159 6 action to approve contract with RingCentral for telephone services for the Hill Country 7 Regional Public Defender's Office located at 550 Earl Garrett, Kerrville, Texas. 8 2.1 Pay bills. 161 9 2.2 Budget amendments. 161 10 2.3 Late bills. 161 11 2.4 Auditor Reports. 162 12 2.5 Accept Monthly Reports. 162 13 2.6 Court orders. 163 14 1.39 Consider, discuss and take appropriate 165 15 action to appoint individual to fulfill the unexpired term for Commissioner 16 Precinct 2 being vacated by Commissioner Moser. 17 1.40 Consider, discuss and take appropriate 167 18 action to approve Bond for newly appointed Precinct 2 Commissioner. 19 1.41 Consider, discuss and take appropriate 167 20 action to administer Oath of Office for newly appointed Precinct 2 Commissioner. 21 1.5 Consider, discuss and take appropriate 169 22 action to select administration/project delivery service provider(s) to complete 23 project implementation for the American Rescue Plan Act, ARPA, funding administered 24 by the U.S. Department of Treasury, other Federal or State Agency. 25 8 1 I-N-D-E-X 2 NO. PAGE 3 5.1 Action as may be required on matters 170 discussed in Executive Session. 4 *** Adjournment. 172 5 *** Reporter's Certificate. 173 6 * * * * * * 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 9 1 JUDGE KELLY: (Gavel bang.) Court will come 2 to order. It is Monday, August the 23rd, 2021. It's 9 3 o'clock in the morning, and Kerr County Commissioners' 4 Court is now in session. If you would, please stand for 5 the prayer and pledge, which will be led by Commissioner 6 Letz. 7 (Prayer and Pledge of Allegiance.) 8 JUDGE KELLY: Please be seated. Remind 9 everyone to please turn your cell phones off or at least 10 to vibrate. We begin every Commissioners Court 11 meeting -- good morning, Commissioner, with the 12 opportunity to listen to the public and receive your 13 input. This input is limited to three minutes. We ask 14 that you go to the podium, state your name, and share 15 with us whatever you want the Court to hear. 16 This is not an output. We are not, by law, 17 allowed to respond to your input at that time. If 18 there's anything that you want to speak about that is on 19 the agenda, we ask that you save your comments until 20 that agenda item is called. So with that, I invite the 21 public for your input. Is there any input? Yes, ma'am. 22 If you would, go to the podium and state your name. 23 MS. DICKSON: Hello. My name is Jennifer 24 Dickson. I'm a concerned citizen here in Kerrville, 25 Texas. I have addressed the Court over a year ago. I 10 1 have also addressed Pam Burton at the Peterson Health. 2 I produced numerous amounts of research that states that 3 fever is contributing to the -- with the consequences of 4 COVID. Fever can alter the innate immune system. And 5 whenever you treat fever with acetaminophen, it depletes 6 glutathione in the body which is the body's master of 7 the antioxidant. 8 Glutathione deficiency is the number one 9 cause of death of COVID along with blood clots. MTHFR 10 is the underlying cause of blood clots. I have informed 11 the hospital I guess numerous times, along with Dub 12 Thomas. 13 There is more enlightening information. I 14 have all of this information available. I've given it 15 numerous times, and it was also confiscated by Harley 16 David Belew the last time that I gave it and it was 17 never to be seen again. I want to know why they are 18 ignoring this information which is detrimental to the 19 public's health. 20 And not only that, but we -- we have had 21 numerous people die, and I'm not letting that happen on 22 my watch, and I'm letting this known via -- in public 23 court that this is not going to happen. This needs to 24 be known, that they are letting people die because they 25 are -- because of their treatment. And what they are 11 1 doing is because they are treating people with Tylenol 2 and treating fevers. 3 I have numerous publications from numerous 4 doctors who state that fever -- treating fever is not in 5 best interest. There's not one publication known to 6 date that shows that treating fever has a favorable 7 outcome in people's health. As a matter of fact, it 8 increases the mortality rate by five percent if you 9 treat a fever. That is very well known. 10 Also, treating with NAC is very well known. 11 I -- I've given them this information as well. NAC 12 decreases mortality rates and it also decreases the need 13 for ventilation. 14 NAC builds the glutathione in the body from 15 the inside out and increases the body's immune system. 16 This is available at HEB, any health food store, along 17 with black seed oil, Manuka honey, cinnamon, Vitamin D3, 18 Vitamin K3 -- or I mean Vitamin K2, zinc quercetin. All 19 of these are things that will naturally build your 20 immune system. 21 Why is the public not being told about any 22 of this? Why are we waiting until the last minute to 23 where people are on their deathbed before this is being 24 addressed? Why are people not being told preventative 25 measures in order to prevent them from being to that 12 1 point? May I ask anybody that, who is in charge, if 2 they're allowed to do that. 3 Like I said, I've addressed this numerous, 4 numerous times and -- and this information is being 5 ignored. And quite frankly, that's bull crap, and we 6 all know this. Because it's putting everybody's health 7 at risk. Mine, yours, and everybody else's in the 8 community. That is all. 9 JUDGE KELLY: Thank you, Ms. Dickson. Any 10 other public input? Okay. Then we'll move on to 11 Commissioners' Comments. Start with Precinct 1. 12 COMMISSIONER BELEW: I am feeling better. I 13 was under the weather. And I got the monoclonal 14 antibody treatment. And I'm thankful for it. And I 15 think that they're doing everything they can locally to 16 help us with our health. I don't know how many of us 17 now at this point have had the virus. But -- 18 JUDGE KELLY: We can't ask. 19 COMMISSIONER BELEW: -- we can't ask and 20 although it's unanimous -- at any rate, I just feel 21 great. 22 COMMISSIONER MOSER: What -- what was 23 unanimous? 24 COMMISSIONER BELEW: The fact that we -- so 25 many of us have had it at this point. 13 1 COMMISSIONER MOSER: Oh, okay. 2 JUDGE KELLY: I haven't had it. 3 COMMISSIONER MOSER: I haven't had it. I 4 delegated it to Jonathan but -- 5 COMMISSIONER BELEW: Well, I won't ask the 6 other three. 7 COMMISSIONER LETZ: I announced I had it. 8 JUDGE KELLY: Very good. 9 COMMISSIONER MOSER: I'm going to save my 10 comment until later. 11 JUDGE KELLY: Very good. Precinct 3? 12 COMMISSIONER LETZ: It's just a bittersweet 13 day with Commissioner Moser leaving. Been a good friend 14 for a number of years but joining with another very good 15 friend, Beck Gipson. So everybody has an interesting 16 day and it's bittersweet. 17 COMMISSIONER HARRIS: Well, as you can 18 imagine in Precinct 4, the rain has been spotty. I 19 mean, it -- it changes drastically. When one -- 20 COMMISSIONER MOSER: What happened is the 21 precinct is so damn big. 22 COMMISSIONER HARRIS: I know it. I know. 23 You know, just right down the road it's dry as heck and 24 the other is green as heck. So we could use some more 25 rain. But we've been blessed with what we've had this 14 1 year so I'm thankful. 2 JUDGE KELLY: Well, the only thing I'll 3 comment is talking about rain in west Kerr County being 4 spotted. I was on the mower yesterday, several times, 5 for 12 hours. My grass is happy. Just saying. 6 Okay. Let's move on to our agenda. We have 7 a long agenda today. I apologize for this. Our Court 8 Coordinator advised me that -- that this is the longest 9 agenda that she has ever prepared, 45 items, so be 10 patient with us. It's going to take a little while, but 11 we're going to get through it. 12 Let's call Item 1.1 consider, discuss and 13 take appropriate action regarding update, facility use 14 and other matters related to COVID-19 Delta variant 15 including hospitalization numbers and capacity. Dub 16 Thomas. 17 MR. THOMAS: Good morning, Judge. Good 18 morning, Commissioners. So just to kind of pass on some 19 of the information I've been putting out recently. As 20 far as the vaccine goes, the number of vaccines allotted 21 to Kerr County as of yesterday is 20,100. Total number 22 of vaccines administered, that's both single dose and 23 two dose, is 41,721. People vaccinated with one dose, 24 23,808. People fully vaccinated, 20,036. 25 Vaccinations by age: Ages 12 through 15, 15 1 we've had 276 fully vaccinated; 16 to 49 is 5,543; 50 to 2 64, 5,154; 65 to 79, 6,655; 80 plus, 2,404. 3 Vaccinations by percentage: 12 plus -- based on 4 population is 52.11 percent of the 12 plus age group; 5 fully vaccinated -- that was one dose -- fully 6 vaccinated is at 43.8. Ages 65 and plus is 68.47 have 7 received one dose and according to DSHS, 61.51 percent 8 of our 65 year and up have been fully vaccinated. 9 As of Friday, I haven't checked the data for 10 this morning, but active cases is 207. That does not 11 include the 26 new cases we got on Friday, the 20th. 12 Recovered cases is 4,905. Deceased showed 97. That 13 does not include the three deaths reported by Peterson 14 on August the 13th. 15 Hospitalizations for Peterson Regional was 16 30 as of August 20th. The RMOC, or Regional Medical 17 Operations Center which gives the status for TSA, or 18 Trauma Service Area P for which Kerr County is part of. 19 That number was at 1,606 or 20.4 percent of the hospital 20 capacity for the region is now COVID patients. 21 And just for kind of an idea what -- what 22 the TSA has been putting out, about the -- 93 percent in 23 the rural areas around Bexar County, including Kerr 24 County, 93 percent of those in the hospital are 25 unvaccinated and about 90 percent are unvaccinated from 16 1 Bexar County itself. 2 There has been a lot of talk lately about 3 booster shots. Booster shots are recommended for 4 moderately to severe, it's the immune compromised 5 individuals who have had the Moderna or the Pfizer 6 vaccine, not the Johnson & Johnson. 7 If they are immune compromised, they 8 generally can wait 28 days before they can get their 9 booster shot. For everyone else 18 years of age or 10 older, they must wait eight months from the last or the 11 second dose to get the booster shot. And that should be 12 available sometime in September once the approval is 13 made. 14 COMMISSIONER MOSER: So, Dub, booster shots 15 are not available yet or -- you said September? Is that 16 right? 17 MR. THOMAS: Yes, sir. 18 COMMISSIONER MOSER: Okay. Do -- is there 19 any plan on booster shots? Is this the first one or 20 anything like that? 21 MR. THOMAS: Not at this time. We're not 22 planning on anymore mass vaccination clinics. 23 COMMISSIONER MOSER: Wouldn't that be a good 24 idea? 25 MR. THOMAS: If -- we'll -- we'll talk about 17 1 it but, I mean, it just depends on what the demand for 2 it is. 3 COMMISSIONER MOSER: Okay. 4 MR. THOMAS: But there's plenty of vaccine 5 floating around town at Peterson and -- 6 COMMISSIONER MOSER: Yeah, but that's -- 7 that's the original vaccine but they got -- 8 MR. THOMAS: -- they can get their booster 9 shot -- they can get those booster shots at those places 10 as well. 11 COMMISSIONER MOSER: Huh? Say again? 12 MR. THOMAS: They can get their booster shot 13 at Peterson, they can get it at Walgreen's -- 14 COMMISSIONER MOSER: You can get booster 15 shots? 16 MR. THOMAS: In September. Once the -- 17 COMMISSIONER MOSER: I thought -- 18 MR. THOMAS: -- approval -- 19 COMMISSIONER MOSER: -- you said -- 20 MR. THOMAS: -- is done, yes, sir. 21 COMMISSIONER MOSER: -- it was going to be 22 available in September? 23 JUDGE KELLY: He's saying September. 24 COMMISSIONER MOSER: Okay. In September. 25 MR. THOMAS: In September. 18 1 COMMISSIONER MOSER: So people that -- 'cuz 2 I've heard that Pfizer -- you know, after six months 3 Pfizer vaccine is down to about 42, 45 percent 4 effectiveness after six months. So September they 5 should -- booster shot should be available -- booster 6 vaccines available in Kerrville? That's -- 7 MR. THOMAS: Correct. Yes, sir. 8 COMMISSIONER MOSER: Okay. Good deal. All 9 right. That's very good news. 10 One other thing. You mentioned awhile ago, 11 70 -- 93 percent of the people in hospital have not -- 12 in the general big area have not been vaccinated? 13 MR. THOMAS: That's correct. Outside of 14 Bexar County. 15 COMMISSIONER MOSER: Okay. How about in 16 Kerr County, do we know? Or at Peterson? Do we know 17 that? 18 MR. THOMAS: I haven't been keeping that 19 stat. But it's -- it's been low. 20 COMMISSIONER MOSER: Okay. 21 MR. THOMAS: There's been like -- no, I'm 22 sorry. It's been high. 23 COMMISSIONER MOSER: High? 24 MR. THOMAS: Yes. The majority -- 25 COMMISSIONER MOSER: Okay. 19 1 MR. THOMAS: -- of them have been 2 unvaccinated. 3 COMMISSIONER MOSER: Okay. One other 4 question. Are the hydroxychloroquine and some of those, 5 are they available, do you know, at -- at the hospital 6 for people who have symptoms? 7 MR. THOMAS: I'm not aware of that. 8 COMMISSIONER MOSER: Okay. 9 MR. THOMAS: You'd have to contact Peterson 10 or your primary care physician. 11 COMMISSIONER MOSER: Okay. All right. 12 Because I know at one time the pharmaceutical whomever 13 at the State was not -- not allowing it. So I didn't 14 know if that had changed. But you're not aware? 15 MR. THOMAS: I'm not aware of that. 16 COMMISSIONER MOSER: Okay. Good enough. 17 Thanks. 18 JUDGE KELLY: Okay. I'd like to clarify. I 19 know there has been some special concerns about some 20 medical treatments that are being administered. You're 21 the Emergency Management Coordinator for Kerr County? 22 MR. THOMAS: That's correct. 23 JUDGE KELLY: You do not have any ability to 24 prescribe treatments of any kind? 25 MR. THOMAS: No, sir. 20 1 JUDGE KELLY: All that is -- 2 MR. THOMAS: No, sir. 3 JUDGE KELLY: -- done by medical staff? 4 MR. THOMAS: And I've had that -- the 5 information that she gave me, I passed on to Peterson. 6 JUDGE KELLY: And as far as what we can 7 order people to do, you're aware, as I am, that the 8 Governor has stripped us of all our emergency powers. 9 So we're powerless to do anything. 10 MR. THOMAS: Correct. 11 JUDGE KELLY: Even if -- even if we could, 12 we couldn't do it. 13 MR. THOMAS: Yes, sir. 14 (Person raising hand.) 15 JUDGE KELLY: No, ma'am. You have to go to 16 the podium and speak. I just wanted to clarify that so 17 that people understand that we're -- we're at the mercy 18 of what the Governor tells us to do. 19 MR. THOMAS: Correct. Also, Judge, I'd like 20 to point out, and Commissioner Belew talked about the 21 monoclonal antibody. You can get it at Peterson, at -- 22 I think you got it at Urgent Care -- 23 COMMISSIONER BELEW: I did. 24 MR. THOMAS: -- and the Department of State 25 Health Services has two clinics set up, one in 21 1 San Antonio and one in Austin as well for the 2 monoclonal. 3 JUDGE KELLY: And so the people -- the 4 public understands, that's a treatment that is available 5 once you contract COVID to minimize the effects? 6 MR. THOMAS: Yes, sir. And there's -- 7 there's a list of criteria for folks that -- that meet 8 that criteria that can get that, the monoclonal antibody 9 treatment. 10 COMMISSIONER MOSER: So say one more time 11 what that is because I'm not aware. 12 MR. THOMAS: Monoclonal antibody treatment. 13 COMMISSIONER MOSER: Huh? 14 MR. THOMAS: Monoclonal antibody treatment. 15 COMMISSIONER MOSER: And how does that 16 compare to some of the other hydroxychloroquine and some 17 of the others? 18 MR. THOMAS: Speak from personal experience 19 there. 20 JUDGE KELLY: Well, one is preventative and 21 one is experimental. 22 COMMISSIONER MOSER: Hydroxychloroquine 23 is -- is therapeutic. 24 COMMISSIONER BELEW: That's a prophylactic. 25 COMMISSIONER MOSER: Yeah. 22 1 COMMISSIONER BELEW: There are some doctors 2 prescribing Ivermectin and different treatments now. 3 COMMISSIONER MOSER: Right. 4 COMMISSIONER BELEW: People have realized 5 that we gotta have all hands on deck. And instead of 6 deciding that this thing is verboten and this thing is 7 okay, they're opening things up now just to see what's 8 going to help us. 9 So I asked my physician about this treatment 10 because a neighbor said he had had it, and he's older 11 than me, and he said it took a couple of days for him to 12 feel good again, so I went -- I didn't feel very well 13 and took the test and they said I was positive so I 14 asked them about that. Within a day or two, or was it 15 the next day, and I took the treatment. 16 COMMISSIONER MOSER: How long after that did 17 you feel better? 18 COMMISSIONER BELEW: About 48 hours. 19 COMMISSIONER MOSER: Okay. 20 COMMISSIONER BELEW: Yeah, about 48 hours. 21 JUDGE KELLY: And so the -- 22 COMMISSIONER BELEW: Mostly it drains your 23 energy. Yeah. 24 JUDGE KELLY: One -- one of the reasons that 25 that's being recommended by the medical staff and 23 1 medical community is to reduce the number of people that 2 get hospitalized because it's overpowering our hospital 3 system. And so by being -- treatment like that and 4 having an outpatient treatment, that just frees up more 5 beds in the hospital. 6 COMMISSIONER MOSER: Well, that's good. 7 Because earlier, you know, the Texas Pharmaceutical 8 Association wouldn't allow this. You know. Now they 9 are. So that's great. 10 COMMISSIONER BELEW: It's opening up. 11 COMMISSIONER MOSER: Okay. Good deal. 12 Super. 13 COMMISSIONER LETZ: Can I make a general 14 comment, just -- so as to Ms. Dickson's comments a 15 little bit. You know, as a Commissioner I'm not going 16 to give medical advice, period. I don't care if it's 17 over-the-counter or hospital or vitamins or anything. 18 That's not my job. And I'm not -- I'm not a physician. 19 So I mean, you know -- 20 COMMISSIONER MOSER: We're just discussing. 21 COMMISSIONER LETZ: Yeah. I'm just -- it's 22 something I'm not going to do. 23 COMMISSIONER MOSER: Yeah. Okay. 24 MR. THOMAS: I've always recommended to 25 everybody, you can contact your primary care physician 24 1 or the hospital. 2 JUDGE KELLY: Absolutely. 3 COMMISSIONER MOSER: Right. Okay. 4 COMMISSIONER BELEW: Well, we are still 5 learning about it, obviously, after this much time. Our 6 Governor was vaccinated and he tested positive and four 7 days later he tested negative. So I don't know what to 8 make of that. 9 JUDGE KELLY: I don't think any of us do. 10 So we're just riding through it. 11 COMMISSIONER BELEW: We're all learning. 12 JUDGE KELLY: Thank you, Dub. 13 MR. THOMAS: Yes, sir. 14 JUDGE KELLY: The next item on the Agenda is 15 Item 1.2 consider, discuss and take appropriate action 16 on request from Center Point Area Historical 17 Preservation Association to put two 40-foot sections of 18 railroad rails, recovered from the City of Kerrville, at 19 the depot in Center Point Historical Park. Mr. Welty. 20 MR. WELTY: Yes, sir. 21 JUDGE KELLY: Would you like to address the 22 Court? 23 MR. WELTY: Well -- 24 JUDGE KELLY: You don't need to, if you 25 don't want to. 25 1 MR. WELTY: Well, she wanted me to be here 2 just in case y'all had any questions or anything. But 3 we've been watching the rails for a long time. They've 4 been in the road a little bit. And I went by there and 5 I noticed that they had dug them up, which is good 6 because they were trying to save them. 7 So I think it was Joel Minor and they -- 8 there was a crew that worked on the road that was going 9 to just scrap them, so he saved them. And I just 10 happened to be there and so I went and talked to him and 11 through talking to several people and everything else, 12 we were requesting that maybe -- I think there's four of 13 them, maybe the other two would go to the Heritage 14 Museum or something that we're going to build or 15 something. 16 JUDGE KELLY: I'll leave that to the 17 Historical Society. 18 COMMISSIONER MOSER: So what -- what's the 19 action by the Court? 20 COMMISSIONER LETZ: We don't own that 21 property, do we? 22 COMMISSIONER MOSER: No, we don't. 23 JUDGE KELLY: We certainly -- we applaud you 24 saving the rails from our old railroad. We applaud 25 wanting to keep them where the public can see them and 26 1 access them. But we don't have any jurisdiction over 2 the park. 3 COMMISSIONER MOSER: Right. 4 MR. WELTY: Okay. Because I'm a member of 5 the Center Point Historical Society, also with the Kerr 6 County Historical Association, so we didn't know what to 7 do. Nobody knew what to do. Joel didn't. Everybody 8 concerned about the -- 9 JUDGE KELLY: You did everything you needed 10 to do, you can just have them. 11 COMMISSIONER MOSER: Go ride the rails. 12 MR. WELTY: Thank you. Well, do we need to 13 just pass that on to Joel? Because they're in the yard 14 there and he needs to know -- 15 COMMISSIONER MOSER: I don't think the Court 16 has any jurisdiction over it. Just do it. I mean -- 17 MR. WELTY: I'll just talk to Joel or 18 whatever. 19 COMMISSIONER LETZ: Just figure out how to 20 haul them to -- 21 JUDGE KELLY: Who's Joel? 22 MR. WELTY: He's the City of Kerrville 23 Street Manager. 24 JUDGE KELLY: Okay. I think what we 25 probably can do is -- 27 1 MR. WELTY: Joel Minor. 2 JUDGE KELLY: -- is we, as the County, 3 can -- can agree to take possession and custody of those 4 rails to be used by the Historical Society -- 5 Association. Okay. We can do that. So I'll make a 6 motion that we -- that Kerr County officially take 7 possession of those rails and present them to the 8 Historical Association for proper preservation. 9 COMMISSIONER MOSER: Second. 10 JUDGE KELLY: Any discussion? 11 COMMISSIONER BELEW: I think the Historical 12 Commission should take possession of them. 13 COMMISSIONER MOSER: Well, we'll get -- 14 JUDGE KELLY: And we are entrusting them to 15 the Historical Commission. That's where I want them to 16 go. 17 COMMISSIONER BELEW: They should be in 18 charge. 19 JUDGE KELLY: I'll amend my motion to be in 20 charge by the Kerr County Historical Commission. 21 COMMISSIONER HARRIS: I'd ask the County 22 Attorney, does that sound good to you? 23 MRS. STEBBINS: I've never been asked that 24 question. 25 COMMISSIONER LETZ: So the rails -- 28 1 JUDGE KELLY: It's high center. We just 2 need to get it off high center is what we need to do. 3 COMMISSIONER LETZ: The rail, the metal, the 4 rails are owned by the City of Kerrville, or that's 5 where they were? 6 MR. WELTY: Well, they were in the road and 7 they dug up to save them. They're in the yard. 8 COMMISSIONER LETZ: Okay. But they're in 9 the road. So basically they're accepting a donation 10 from the City of Kerrville. 11 JUDGE KELLY: Okay. 12 COMMISSIONER LETZ: If it's on a city road, 13 the city owns them. So we're accepting a donation from 14 the City of Kerrville. 15 COMMISSIONER BELEW: Much more clear. Yeah. 16 COMMISSIONER MOSER: If they so donate. All 17 right. 18 JUDGE KELLY: Well, I was made aware of this 19 probably at least a month ago. And there's been a whole 20 lot of effort made to preserve these rails. 21 COMMISSIONER MOSER: Good. 22 JUDGE KELLY: And they're sitting out there 23 and someone needs to take possession of them. I 24 understand the problem. It's been explained to me very 25 articulately. And so whether we're accepting a donation 29 1 or what have you, somebody needs to take possession of 2 those rails, and from my point of view it ought to be 3 the Kerr County Historical Commission. 4 COMMISSIONER BELEW: I agree. 5 COMMISSIONER MOSER: Okay. 6 JUDGE KELLY: Any other discussion? 7 COMMISSIONER LETZ: Question. And I -- I 8 don't know anything about this. Do we -- do we need to 9 help them move them? 10 COMMISSIONER BELEW: You just got chain 11 retention. I would think that -- 12 COMMISSIONER MOSER: Kelly's got a long 13 trailer. 14 COMMISSIONER BELEW: I would think we would 15 need a letter from the City saying that we're -- 16 COMMISSIONER HARRIS: I agree. 17 COMMISSIONER BELEW: -- we're done with 18 them. You guys take them or -- to the Historical 19 Commission. And from there the Historical Commission, 20 whether we have to have a court order and whatever it 21 is, to accept them. And then make it all -- 22 JUDGE KELLY: So we need a chain of title. 23 COMMISSIONER BELEW: Yes. I think so. 24 JUDGE KELLY: And custody so that the rails 25 are in the City's custody, even though they belong to 30 1 the old railroad years ago. But they're in the City's 2 custody and I assume they're on the City's property. 3 Part of that right-of-way that they took possession of. 4 So for us to act, Mr. Welty, what we're 5 going to need is the City tell us that they want to give 6 them to us and we'll take action to give them to the 7 Historical Commission. We need to connect the dots. 8 MRS. STEBBINS: So we need two motions and 9 orders. 10 COMMISSIONER BELEW: That way it's almost 11 free and clear. 12 COMMISSIONER LETZ: So we know -- yeah, so 13 we have authority to do something with them. 14 MRS. STEBBINS: Because the Court does have 15 the authority to formally accept gifts for the 16 Commission. So if that's what the City of Kerrville 17 intends to do, and it sounds like it is, then you do 18 have the authority to accept the gift for the 19 Commission. 20 COMMISSIONER LETZ: Can we do the subject to 21 receiving the letter from the City of Kerrville? 22 COMMISSIONER BELEW: I would say yeah. 23 JUDGE KELLY: Okay. I believe that they 24 wanted somebody to take them. So I'll amend my motion 25 to make this subject to authorization by the City, Kerr 31 1 County will agree to take possession of the rails and be 2 put in the custody and control of the Kerr County 3 Historical Commission. 4 COMMISSIONER MOSER: And then it's okay for 5 the second. 6 JUDGE KELLY: Okay. Those in favor say aye 7 or raise your hand. Unanimous, five zero. Thank you, 8 Mr. Welty. 9 COMMISSIONER MOSER: Thank you. 10 JUDGE KELLY: Thank you for all you've done 11 to preserve those historic items. 12 MR. WELTY: Thank you. 13 JUDGE KELLY: Item 1.3 consider, discuss and 14 take appropriate action on request by the Hill Country 15 Dispute Resolution Center to renew a contract with Kerr 16 County to provide mediation services in Kerr County and 17 for funding. 18 Mr. Reeves is not here and usually he 19 doesn't come. 20 MRS. STEBBINS: I've reviewed this. It's 21 the same one we do every year. 22 JUDGE KELLY: It's the same one we do every 23 year? 24 MRS. STEBBINS: (Indicating.) 25 COMMISSIONER BELEW: Move for approval. 32 1 COMMISSIONER LETZ: Second. 2 JUDGE KELLY: Motion's been made by 3 Commissioner Belew, seconded by Commissioner Letz to 4 approve the contract with the Hill Country Dispute 5 Resolution Center. Those in favor raise your hand or 6 say aye. Unanimous, five zero. 7 I'm watching the clock. I know we've got 8 9:30 items. And when we get to 9:30 atomic time we'll 9 go to those. 10 Next item is 1.4 consider, discuss and take 11 appropriate action to renew the 2021-2022 Retiree 12 Medicare Supplement AMWINS Plan. Miss Doss. 13 MS. DOSS: Yes, sir. Good morning, 14 gentlemen. For your consideration this morning is the 15 renewal for the silver choice retiring medicare 16 supplement. It's for medical and prescription 17 coverages. TAC is moving from their -- from their 18 current United Healthcare -- United Healthcare to 19 AMWINS. I understand that they have much better 20 customer service. 21 While we have opted to continue with the 22 current coverage levels and the premiums actually have 23 decreased for the retiree, $17.16 for the medical, and 24 $16.55 for the prescription, we will be phasing out this 25 benefit, which will be the last year that it will be 33 1 offered. We're in the process of gathering information 2 from retirees, letting them know that they're going to 3 need to go out next year to the market and purchase this 4 themselves. This is a Cadillac plan, so there are much 5 less expensive options available to them. 6 COMMISSIONER LETZ: I'll move for approval. 7 COMMISSIONER MOSER: Second. 8 JUDGE KELLY: Motion's been made by 9 Commissioner Letz, seconded by Commissioner Moser to 10 approve the 2021-2022 retiree Medicare Supplement 11 AMWINS plan. Any discussion? 12 COMMISSIONER LETZ: I'll just make a -- 13 reiterate that we're not -- we're going to eliminate 14 this next year, offering this, but the reason is they 15 can get it so much cheaper -- 16 JUDGE KELLY: Right. 17 COMMISSIONER LETZ: -- through the 18 marketplace. Just an example because I'm about to turn 19 65, I'm looking at these. I can buy it for $109 instead 20 of the $200 plus here. And for better coverage 21 actually. So -- 22 JUDGE KELLY: Any other discussion? 23 COMMISSIONER LETZ: Is there a second? 24 COMMISSIONER MOSER: I did. 25 JUDGE KELLY: Those in favor, raise your 34 1 hand or say aye. Unanimous, five zero. 2 MRS. DOSS: Thank you. 3 JUDGE KELLY: Item 1.5 consider, discuss and 4 take appropriate action to select administration/project 5 delivery service provider to complete project 6 implementation for the American Rescue Plan Act funding 7 administered by the U.S. Department of Treasury, other 8 Federal or State Agency. Callie Gargano. 9 MS. GARGANO: So we went out for bid for a 10 grant administrator for our ARPA grant and this was in 11 order to help us build some projects and also to help 12 execute them. And we received two proposals and at this 13 point they have been scored. 14 JUDGE KELLY: And this is the one that I'm 15 asking if we can handle it in Executive Session because 16 there's an offer to negotiate, which we want to take 17 advantage of, and sit down and visit with some of the 18 participants. And so to do that, I do have a written 19 opinion from our County Attorney that that would -- it 20 would be detrimental to negotiations if we talked about 21 it publicly. And so with that, we need to have a 22 unanimous vote from the Court to go into Executive 23 Session when we get there, to talk about this pertaining 24 to the contract administered ARPA funds of about 10.2 25 million dollars. 35 1 MRS. STEBBINS: And the vote by the Court 2 needs to be unanimous in that deliberation in an open 3 meeting would have a detrimental effect on the Court's 4 position and the negotiations. So that's the -- that's 5 the vote. 6 COMMISSIONER BELEW: So move. 7 COMMISSIONER HARRIS: I'll second. 8 JUDGE KELLY: Motion's been made by 9 Commissioner Belew, seconded by Commissioner Harris for 10 us to be able to go into Executive Session to talk about 11 the awarding of the contract to administer the ARPA 12 funds. Those in favor raise your hand or say aye. And 13 that will apply to -- Ms. Gargano, does that also apply 14 to item 1.6? 15 MS. GARGANO: This is -- okay. So this is 16 all set to go into Executive Session. It doesn't need 17 to. 18 JUDGE KELLY: 1.6? 19 MS. GARGANO: Yes. 20 JUDGE KELLY: Okay. Well, then I'll call 21 that. 22 MS. GARGANO: Okay. 23 JUDGE KELLY: Let me call 1.6 consider, 24 discuss and take appropriate action to enter into an 25 agreement with the U.S. Department of Treasury to comply 36 1 with ARPA award terms and conditions and authorize the 2 County Judge to sign said award terms and conditions. 3 Ms. Gargano. 4 MS. GARGANO: So this package just needs to 5 be signed in order to ensure compliance with the ARPA 6 guidelines, basically saying we're going to submit our 7 reports on time and spend the funds appropriately. And 8 we also need to sign this in order to start submitting 9 our reports. Our first report is due on August 31st. 10 COMMISSIONER LETZ: Move for approval. 11 COMMISSIONER HARRIS: Second. 12 JUDGE KELLY: Motion's been made by 13 Commissioner Letz, seconded by Commissioner Harris to 14 approve entering into an agreement with the United 15 States Treasury with regard to compliance with the ARPA 16 funds. Any discussion? 17 COMMISSIONER LETZ: Is there -- do these 18 have to be approved each time? I mean it's pretty 19 broad. 20 MS. GARGANO: Do you mean by each payment 21 or -- 22 COMMISSIONER LETZ: Well, like each time 23 we -- each topic or each -- you know, like we're in 24 the -- 25 JUDGE KELLY: By entering into the 37 1 agreement, my understanding is that we agree to comply 2 with their terms and conditions for all of them. 3 COMMISSIONER LETZ: Right. Right. But I 4 was wondering, who's interpreting the terms and 5 conditions? Do we have to go send it back up to them 6 for them to say yes, this is in compliance, or do we 7 just hope for the best? 8 MS. GARGANO: We are -- we can look at their 9 compliance terms and we also have people that we can 10 reach out to to make sure that we are in compliance. 11 COMMISSIONER LETZ: Okay. 12 JUDGE KELLY: And that's part of what that 13 grant administration process will be -- 14 COMMISSIONER LETZ: Okay. 15 JUDGE KELLY: -- in order to make sure we're 16 doing that. 17 COMMISSIONER LETZ: Okay. 18 JUDGE KELLY: Okay. Any other discussion? 19 Those in favor raise your hand or say aye. Five zero. 20 Thank you, Callie. 21 9:30. Okay. We're going to move over -- 22 we'll come back to Item 1.7 after we finish the 9:30 23 items. Well, we'll finish all the timed items. 24 Okay. And so the public understands, when 25 an item is specifically timed we have to stop and go to 38 1 that item when we get that first available time to do 2 that. 3 And I'm going to go to item 1.12 consider, 4 discuss and take appropriate action regarding any 5 changes to the proposed Kerr County budget for FY 2122. 6 James Robles. 7 MR. ROBLES: Yes. We had a couple of minor 8 changes from the last meeting, the last workshop. We'd 9 added approximately 7,500 in payroll related items for 10 the Agricultural Extension Office, and we also moved 11 approximately 53,000 in current year expenditures into 12 next year's expenditures for the PDO offices. This is 13 related to the flooring. 14 COMMISSIONER MOSER: And James, this is a 15 tax rate of .4542, correct? 16 MR. ROBLES: Yes, sir. 17 COMMISSIONER MOSER: Okay. Judge, I'd like 18 to discuss the proposed budget. Okay. And the proposed 19 tax rate. And I think I mentioned it in the last 20 session. I don't know how well I could be heard on the 21 phone, but let me reiterate some of that. 22 I think it's recognized, or at least it's 23 been discussed, that inflation is about five and a half 24 percent now. And over 20 years, I think a lot of the 25 economists are claiming that -- or suggesting that 39 1 that's going to continue. It may be transferred, but 2 it's going to be a long term transition. I looked at 3 the budget, and my estimate is it's -- probably out of 4 our total proposed budget, probably about $15 million 5 that could be affected buy inflation. 6 I assume that salaries and benefits would 7 not be affected by inflation, but probably about $15 8 million would be. So if it was five percent inflation, 9 that would be about $750,000, okay, additional hit to 10 the -- to the budget. And the current tax rate of .4757 11 compared to the proposed -- let me just do the first 12 numbers, or rather four digits. 13 Forty-five cents per hundred, that's about 14 two cents. And that's about -- if we want -- if we kept 15 the current tax rate where it is today, that would be 16 approximately an additional one million dollars in 17 revenue for the County. And no increased tax rate, 18 staying the same. 19 With that, if we would take $500,000 of that 20 and add it to what's in the budget of the $250,000 21 contingency that we have, that would be $750,000. So 22 that would be hitting the sweet spot of where inflation 23 could be. 24 That would be -- I'll ask James and Tanya, 25 too, what's been our tax rate for the last six years? 40 1 The average tax rate for the six years has been slightly 2 less than 50 cents per hundred. So it's less than the 3 current tax rate by almost two and a half cents. 4 So if we left it at the current, as opposed 5 to the proposed of 45 cents per hundred, I think that 6 would put the County in a lot better shape to address 7 inflation, if it comes about. By putting it 8 contingency, and Tanya can correct me if I'm wrong here, 9 that enables us to use the money for less restrictive 10 things than we have it -- if we had it in reserve 11 balance. That can only be used for emergencies and 12 other specific things. So it's not as easily fluid for 13 us to use. 14 So with that, I -- I strongly recommend that 15 we keep the tax rate where it is, not reduce it by two 16 cents per hundred. So what does two cents per hundred 17 mean to taxpayers? Well, to -- for a hundred thousand 18 dollar house, it's about $20 a year. For a million 19 dollar house, it's about $200 per year for the taxes. 20 So average house is $250,000 so for the 21 average taxpayer, $250,000 home, it's like about $45 for 22 the year. So I don't think it's -- and a lot of people 23 have frozen taxes so it's not going to affect them. 24 So I would strongly encourage the Court to 25 consider leaving the tax rate where it is. Have 41 1 additional funds for inflation, which are going to 2 happen. Okay. Everything's going to go up. The jail 3 and food is going to go up because of transportation. I 4 think last time I mentioned too that a truck load of 5 whatever it was, okay, being transported across the 6 United States has gone up from eight million to 7 $12 million. That's a 50 percent increase. 8 So we're going to all going to see -- and 9 everybody sees it, you know. If you go to the grocery 10 store, you go to the service station, whatever. 11 Inflation is here. And I think we've accounted for some 12 of it as we went through the Departments and the budget, 13 and that's been well over a month ago, six weeks ago 14 that we did that. And I think we increased fuel costs 15 and things to some departments, but I don't think we did 16 it sufficiently to account for what we see is inflation 17 today. 18 And so anyway, that's -- that's my comment 19 on -- on the proposed budget. And I'm just simply 20 saying leave the tax rate where it is, at .4757, which 21 is still two and a half cents less than the average for 22 the last six years. So that's about all I can say. 23 COMMISSIONER LETZ: So your -- this agenda 24 item is for -- not tax rate, it's for budget. So your 25 recommendation is, though, to increase contingency by 42 1 how much? 2 COMMISSIONER MOSER: Half a million dollars. 3 COMMISSIONER LETZ: Half a million dollars? 4 COMMISSIONER MOSER: Right. 5 COMMISSIONER LETZ: And that, to one of you 6 two, that is how much of a tax rate? Half -- say 7 $500,000 is how much or -- or can you calculate it that 8 quick? How much is one penny? 9 JUDGE KELLY: My -- my recollection was that 10 one cent was slightly below $500,000. 11 MR. ROBLES: Correct. 430, 440. 12 MS. SHELTON: On the one cent, I would defer 13 to the Tax-Assessor Collector. 14 COMMISSIONER MOSER: That's what I would do 15 to my numbers. Like $450,000 per -- per penny. Per 16 cent, per one cent. 17 JUDGE KELLY: So two cents is almost 18 $900,000? 19 COMMISSIONER MOSER: Correct. 20 JUDGE KELLY: All right. 21 COMMISSIONER MOSER: And that's the reason 22 I'm saying leave it where it is. 23 JUDGE KELLY: I understand. 24 COMMISSIONER MOSER: Yeah. 25 COMMISSIONER LETZ: But I mean -- I'm just 43 1 saying that we're talking about budget so we have to 2 have an exact number that we're increasing it to. 3 COMMISSIONER LETZ: We're not talking tax 4 rate yet. We're not doing tax rate yet. 5 COMMISSIONER MOSER: But tax rate is part of 6 the budget. 7 COMMISSIONER LETZ: But it's different -- 8 but it's a different agenda item. 9 JUDGE KELLY: The budget -- the budget that 10 we have -- okay. Go ahead, Mr. Reeves. 11 MR. REEVES: With regard to your one cent, 12 if that's what I understood, Commissioner, what one cent 13 would equal in taxes? You would be looking at about 14 470,000. I think you had calculated something, didn't 15 you, Ms. Shelton? 16 MS. SHELTON: I calculated -- 17 MR. REEVES: I'm -- 18 MS. SHELTON: -- on just gross amount. I -- 19 MR. REEVES: -- trying to do it in my head 20 but with -- with the difference between not counting the 21 properties that are -- have the tax ceilings, those 22 being disabled and 65 and over. The difference between 23 20,086,000 and 19 million 653. I'm trying to add those. 24 I -- I'm trying. 25 MS. SHELTON: What we went in and calculated 44 1 was according to the Central Appraisal District and we 2 really appreciated the help that Sharon has provided 3 because with all of these different rates, she has 4 jumped in there and redid the calculations for us each 5 time. 6 With that being said, there was an 7 additional -- it was somewhere around 986,000 is what 8 the -- leaving the rate from the 4542 that we have right 9 now in the budget to leaving it at 4757. 10 COMMISSIONER MOSER: So that's about two 11 cents. So about nine -- so 450,000 is approximately 12 correct. Okay. 13 MS. SHELTON: Approximately. 14 COMMISSIONER MOSER: Yeah. 15 MR. REEVES: So two cents was 900 and some 16 odd so -- 17 COMMISSIONER MOSER: Right. 18 JUDGE KELLY: And just to clarify so that 19 the people at home watching this on YouTube understand 20 what we're doing. This is about changes to the budget 21 or the last budget, and that budget is based upon 22 revenues and expenses. And the item that we're talking 23 about right now are the revenues, the projected 24 revenues. 25 The budget that's actually before us assumes 45 1 a no new revenue tax rate. Which means that instead of 2 it being .47, it's going to come down to approximately 3 .45 for a no new revenue tax rate. Correct? 4 MRS. SHELTON: Correct. 5 JUDGE KELLY: And what Commissioner Moser is 6 advocating is not lowering the tax rate. Leave it up at 7 .47, and that leaves us about a million -- almost a 8 million dollars more revenues than we have projected in 9 this budget. Correct? 10 MS. SHELTON: That is correct. 11 JUDGE KELLY: And the present budget still 12 has our -- our fund balance at the end, still being 13 29 and a half percent -- 14 MS. SHELTON: Right. 15 JUDGE KELLY: -- which is comfortably above 16 the recommended minimum of 25 percent. 17 MS. SHELTON: Correct. 18 JUDGE KELLY: And so this would just be 19 adding another approximately 900 -- 900,000 to a million 20 dollars to the fund balance in the budget. 21 COMMISSIONER MOSER: Not really. Part of 22 it -- 23 MS. SHELTON: If we -- 24 COMMISSIONER MOSER: -- would go into 25 contingency so that -- only part of it would go into the 46 1 fund balance. 2 MS. SHELTON: Yes. 3 COMMISSIONER MOSER: Yeah. Okay. 4 MS. SHELTON: But if you don't spend the 5 contingency, then it would roll into the fund balance. 6 JUDGE KELLY: Right. 7 COMMISSIONER MOSER: Right. 8 JUDGE KELLY: But it gives us an additional 9 million dollars to run the government when we have a 10 comfortable cushion already, is my point. 11 COMMISSIONER BELEW: Well, the idea was to 12 keep up with inflation. 13 COMMISSIONER MOSER: Right. 14 COMMISSIONER BELEW: Or stay ahead of 15 inflation. 16 COMMISSIONER MOSER: Or stay up with it 17 anyway. Yeah. That -- that's the reason I said five 18 percent on that which could be -- the budget which could 19 be affected by inflation, probably ballpark $15 million 20 out of the 40 something million that we have. So that's 21 the reason I came up with the 750,000. 22 So if we increased it by two cents, that's a 23 million -- if you put a million in -- half a million in 24 contingency and a half million in reserve balance, then 25 that would put us in pretty good shape for inflation. 47 1 COMMISSIONER HARRIS: That appears we're in 2 excellent shape. Because we're not -- the County's not 3 the only one affected by inflation. The taxpayers are 4 affected also. 5 COMMISSIONER MOSER: Absolutely. That's 6 what -- we're just -- we just provide services. 7 COMMISSIONER HARRIS: Right. Right. 8 COMMISSIONER MOSER: Okay. That's the 9 reason I said, Don, that -- so what does it mean if -- 10 two cents is going to mean -- is going to mean $20 to a 11 taxpayer that's got a hundred thousand dollar house is 12 going to mean $200 to a taxpayer that's got a million 13 dollar house. 14 COMMISSIONER HARRIS: Well, it just chips 15 away a little bit here, a little bit there. 16 COMMISSIONER MOSER: I understand. I was -- 17 no, I know. 18 COMMISSIONER HARRIS: I understand your 19 position. But also looking out for people out here. I 20 mean, the taxpayer -- you know, a little -- another $20 21 here, another $20 there. 22 COMMISSIONER MOSER: I agree. I agree. 23 COMMISSIONER HARRIS: We're not to that 24 right now on this agenda item, are we? 25 JUDGE KELLY: No, we're not. And that's 48 1 what I want to clarify. We're -- this vote would be on 2 approving the last -- the recent budget changes. We're 3 not adopting a tax rate at this stage. That's a 4 subsequent agenda item. 5 COMMISSIONER MOSER: Okay. 6 COMMISSIONER LETZ: But you're -- what 7 you're saying, though, is -- if I'm understanding you, 8 Commissioner, is that you talk about increasing 9 contingency by 500,000 and that is this agenda item. 10 COMMISSIONER MOSER: Right. Right. That's 11 correct. That is the agenda item. Right. 12 COMMISSIONER LETZ: Okay. So -- and then 13 that will have an impact on -- well, it may have an 14 impact on how we set the tax rate. It will definitely 15 have an impact on reserve balance. 16 COMMISSIONER MOSER: Right. Right. 17 COMMISSIONER LETZ: And I don't have a 18 problem with that part of it, with -- of increasing 19 contingency by half a million. That would give us some 20 flexibility in case we need it -- 21 COMMISSIONER MOSER: Right. 22 COMMISSIONER LETZ: -- but I'm not so sure 23 I'm going along with the -- 24 COMMISSIONER BELEW: The whole package. 25 Right. 49 1 COMMISSIONER LETZ: -- with the tax rate 2 part of it. 3 COMMISSIONER BELEW: Yeah. 4 MS. SHELTON: And there is enough in our 5 fund balance right now, if you wanted to increase 6 contingency by 500,000, you -- that is an option that 7 you could do without increasing the tax rate. 8 COMMISSIONER MOSER: And so that would come 9 from where, Tanya? 10 MS. SHELTON: I'm sorry. Fund balance. 11 COMMISSIONER MOSER: Fund balance? 12 MS. SHELTON: Yes. 13 COMMISSIONER MOSER: Okay. 14 COMMISSIONER LETZ: It just -- it would have 15 then lowered our fund balance from 29 percent projected 16 at the end of the year to 26, 28, somewhere. 17 COMMISSIONER MOSER: Oh, okay. All right. 18 Okay. That -- I don't have any issue with that. 19 COMMISSIONER LETZ: So are you making a 20 motion to approve it with that condition? 21 COMMISSIONER MOSER: I'll make a motion to 22 approve the budget to having a contingency of 750,000 as 23 opposed to 250,000. 24 COMMISSIONER LETZ: Second. 25 JUDGE KELLY: Okay. We've got a motion to 50 1 approve the budget as presented with the modification to 2 increase the contingencies from 250,000 to $750,000. 3 Correct? 4 COMMISSIONER MOSER: Correct. 5 COMMISSIONER LETZ: And the other changes 6 that James made. 7 COMMISSIONER MOSER: Right. 8 JUDGE KELLY: Plus the last minute changes. 9 COMMISSIONER MOSER: The last minute changes 10 James made. 11 JUDGE KELLY: So that's a motion made by 12 Commissioner Moser, seconded by Commissioner Letz. Any 13 other discussions? Those in favor raise your hand or 14 say aye. Opposed? Four, one. It passes. 15 (Commissioner Belew opposed.) 16 COMMISSIONER MOSER: Okay. Thank you. 17 JUDGE KELLY: Next item is 1.13 consider, 18 discuss and take appropriate action to accept and 19 approve the order setting the salaries for the County 20 Auditor and Assistant County Auditors pursuant to Texas 21 Local Government Code with the effective date of 22 October 1, 2021. 23 MR. ROBLES: Yes. You should have an order 24 in front of you signed by the District Judges for 25 FY 21-22, salaries for the Auditor and Assistant 51 1 Auditors. 2 COMMISSIONER LETZ: Move for approval. 3 Well, I don't think we have to approve it, I mean it's 4 an order by the judges, by a District Judge. 5 MR. ROBLES: I think we got approval last 6 year, or acceptance of approval. 7 COMMISSIONER LETZ: I'll make a motion we 8 accept it -- we're not approving it. We're accepting 9 it. 10 COMMISSIONER BELEW: Right. 11 COMMISSIONER HARRIS: Second. 12 JUDGE KELLY: Motion's been made by 13 Commissioner Letz, seconded by Commissioner Harris to 14 accept the recommendations from the District Courts for 15 the Auditor and Assistant County Auditors' salaries. 16 So that the public understands, the Auditors 17 work for the District Judges. They do not work for the 18 County, even though they're the County Auditors, and 19 that's a check and balance system that's put into place 20 to make sure the money is being overseen by independent 21 review. And the District Judges do that and they 22 recommend the salaries and we can accept them. 23 COMMISSIONER MOSER: And we approve their 24 budget. 25 JUDGE KELLY: And we approve their budget. 52 1 We did. Any other discussion? Okay. Those in favor 2 raise your hand. Unanimous, five zero. 3 Item 1.14 consider, discuss and take 4 appropriate action to accept and approve the order 5 setting the salaries for the 198th District Court 6 Reporter and the 216th District Court Reporter. 7 Again, this is we're accepting what the 8 District Judges -- those employees work for the District 9 Judges. They set their salaries. We've approved their 10 budget and that they have sent us what they have 11 recommended the salaries be so we accept them. 12 COMMISSIONER HARRIS: I'll move for 13 approval. 14 COMMISSIONER MOSER: Second. 15 JUDGE KELLY: Motion's been made by 16 Commissioner Harris, seconded by Commissioner Moser to 17 approve the salaries recommended -- set by the District 18 Judges for the 198th and 216th Court Reporters. Any 19 other discussion? All in favor say aye or raise your 20 hand. Unanimous, five zero. 21 Item 1.15. This is a public hearing on the 22 proposed Kerr County budget for FY 2021-2022. 23 I call the public meeting to order. Is 24 there anybody who would like to address the Court with 25 regard to the budget that has been presented for the 53 1 next fiscal year? 2 There being no comment, I'll adjourn the 3 meeting and we'll move on to Item 1.16, which is to 4 consider, discuss and take appropriate action to adopt 5 Elected Officials salaries. Mr. Robles. 6 MR. ROBLES: Yes. This was published in the 7 newspaper a few weeks ago. Elected Officials' salaries 8 and any increases that they were allotted. And we're 9 here to approve the published part of it and the 10 salaries. 11 COMMISSIONER MOSER: So move. 12 COMMISSIONER LETZ: Second with a question. 13 MR. ROBLES: Okay. Yes, sir. 14 COMMISSIONER LETZ: My question goes to 15 Commissioner Precinct 2. The salaries based in here, 16 based on Commissioner Moser, but the salary for 17 Commissioner to be Gipson, is going to be different. 18 Correct? 19 MR. ROBLES: It will be less. 20 COMMISSIONER LETZ: It will be less. 21 MR. ROBLES: That's right. 22 COMMISSIONER LETZ: So is this accurate to 23 have it -- I mean, I guess it's as of -- when we're 24 voting right now it's accurate, but it's not going to be 25 accurate by the end of the meeting. Is that -- 54 1 MS. SHELTON: The new amount was put in 2 the -- in the budget that we're discussing right now. 3 Because we knew the change would happen by the 1st of 4 October. 5 COMMISSIONER LETZ: Okay. I just wanted to 6 make sure that what we're posting is accurate. So we're 7 going by today at the moment we're voting on it? 8 MRS. STEBBINS: That's what was published. 9 COMMISSIONER LETZ: That's what was 10 published. And it's accurate. 11 COMMISSIONER MOSER: And it's accurate for 12 right now. 13 COMMISSIONER LETZ: Okay. 14 COMMISSIONER MOSER: And then it's going to 15 go to zero. 16 (Laughter.) 17 COMMISSIONER LETZ: Okay. All right. 18 JUDGE KELLY: Okay. So I've got a motion by 19 Commissioner Moser, seconded by Commissioner Letz to 20 approve the Elected Officials salaries. Any other 21 discussion? Those in favor raise your hand. Unanimous, 22 five zero. 23 Item 1.17 consider, discuss and take 24 appropriate action to adopt FY 2021-2022, Kerr County 25 Budget and take a record vote. 55 1 COMMISSIONER LETZ: Make a motion that we 2 approve the budget as adjusted today. 3 COMMISSIONER MOSER: Second. 4 JUDGE KELLY: Okay. Motion's been made by 5 Commissioner Letz, seconded by Commission Moser to 6 approve the budget as modified today. Is there any 7 discussion? This is a record vote which means that we 8 go around and each person votes on the record. So let 9 me call for the vote from Precinct 1. 10 COMMISSIONER BELEW: Yes. 11 JUDGE KELLY: Precinct 2. 12 COMMISSIONER MOSER: Yes. 13 JUDGE KELLY: Precinct 3. 14 COMMISSIONER LETZ: Yes. 15 JUDGE KELLY: Precinct 4. 16 COMMISSIONER HARRIS: Yes. 17 JUDGE KELLY: And I vote yes. It's 18 unanimous, five zero. The budget has been adopted. 19 Now, it's -- we're at the point that we're 20 right on time, so we're going to take a five minute 21 break. Let's be back here at 10 o'clock sharp. We'll 22 be in recess. 23 (Recess.) 24 JUDGE KELLY: Court will come back to order. 25 It's time for us to start the timed items for 10 56 1 o'clock. Let me call Item 1.18, it's a public hearing 2 for a revision of plat for Cypress Springs Estates, 3 Phase 2, Section 1, Lots 57 and 58. 4 The public meeting is now in session. Is 5 there anyone who would like to address the Court about 6 this proposed plat for Cypress Springs Estates? There 7 being no one, the public meeting is adjourned. 8 Let's move on to Item 1.19 consider, discuss 9 and take appropriate action for the Court to approve a 10 revision of plat for Cypress Springs Estates, Phase 2, 11 Section 1, Lots 57 and 58. Charlie Hastings. 12 MR. HASTINGS: Thank you, Judge. This 13 proposal combines Lot 57, 1.00 acres, and Lot 58, 1.44 14 acres, into Lot 57A, 2.44 acres. Access to the proposed 15 lot will be from Morning Mist Point. We just had a 16 public hearing. Nobody spoke. 17 County Engineer requests the Court approve a 18 revision of plat for Cypress Springs Estates, Phase 2, 19 Section 1, Lots 57 and 58, Volume 7, Page 172 through 20 173 in Precinct 4. 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 the revision of plat for Cypress Springs 57 1 Estates, Phase 2. Any discussion? Those in favor raise 2 your hand. Unanimous, five zero. 3 Next item is 1.20 consider, discuss and take 4 appropriate action for the Court to set a public hearing 5 for 10:00 a.m. on September the 27th for a revision of 6 plat for Spicer Ranch No. 3, Lot 16 W3-R. Charlie 7 Hastings. 8 MR. HASTINGS: Thank you, Judge. This 9 proposal divides Lot 16 W3-R, which is 8.99 acres, into 10 two lots. Lot 16 W3-R1 will be 5.15 acres fronting on 11 Highway 16. Lot 16 W3-R2 will be 3.69 acres fronting on 12 Mark Drive. They are served by Aqua Texas. 13 The County Engineer requests the Court set a 14 public hearing for 10 a.m. on September the 27th, 2021 15 for a revision of plat for Spicer Ranch No. 3, Lot 16 16 W3-R, Plat File No. 17-02753, Precinct 1. 17 COMMISSIONER BELEW: So move. 18 COMMISSIONER HARRIS: Second. 19 JUDGE KELLY: Motion's been made by 20 Commissioner Belew, seconded by Commissioner Harris to 21 set a public hearing for September 27, 2021 at 10 a.m. 22 for a revision of plat for Spicer Ranch No. 3, Lot 16 23 W3-R. Any discussion? Those in favor raise your hand. 24 Unanimous, five zero. 25 Next item is 1.21 consider, discuss and take 58 1 appropriate action for the Court to approve a 2 preliminary plat for Creekside Ranch at Camp Verde, 3 Phase 1. Charlie Hastings. 4 MR. HASTINGS: This preliminary plat 5 proposes 103 lots, all of them greater than five acres 6 each, with six roads. Primary access would be via a 7 bridge over Verde Creek adjacent to Ranch to Market 480. 8 All proposed improvements in the floodplain must meet 9 floodplain regulations. 10 A concept plan proposing 179 lots on a 11 1,039.84 acre tract was presented to the Court on April 12 the 12th, 2021. They are dividing it into two phases, 13 hence only 103 lots in Phase 1, which is before you 14 today. 15 There has been a water available study done 16 out there on this ranch. My understanding is they've 17 drilled four wells and did two studies based on that, 18 and that both of those came out that there was water 19 available for their needs for what they wanted to do on 20 this subdivision. 21 County Engineer requests the Court approve a 22 preliminary plat for Creekside Ranch at Camp Verde, 23 Phase 1, Precinct 2. 24 COMMISSIONER MOSER: So move. 25 COMMISSIONER HARRIS: Second. 59 1 JUDGE KELLY: Motion's been made by 2 Commissioner Moser, seconded by Commissioner Harris to 3 approve the preliminary plat for Creekside Ranch at Camp 4 Verde, Phase 1. Any discussion? 5 COMMISSIONER MOSER: Yeah. I -- I'd like to 6 have a little bit of discussion if we could on water 7 availability. That -- I know the test was run. That 8 was the biggest concern, you know, in all the new 9 developments in Precinct 2. This development, Center 10 Point Village, and even some others that are on the 11 horizon. Water availability. So can you talk a little 12 bit about the results of that? 13 MR. MULLINS: Yes, sir. 14 JUDGE KELLY: Okay. Please identify 15 yourself. 16 MR. MULLINS: Yes, sir. My name is Dan 17 Mullins. I'm with Southerland Communities, the 18 developer. And as Mr. Hastings said, that's right, we 19 did do a water availability test. We did two tests with 20 four wells. And they were -- they're all good wells. 21 They were all -- and, you know, 15 to 20 GPM. They -- 22 they didn't over pump them, but they were tested for 24 23 hours. And very steady, the draw down on all of them. 24 If you guys would like the full water availability study 25 that was done, I do not have it with me right now, but 60 1 I'm happy to send it to you guys through to Charlie. 2 COMMISSIONER MOSER: Okay. So that met the 3 state standards, and Jonathan's talked about that a 4 little bit in the past, about the criteria and -- 5 COMMISSIONER LETZ: Well, our rules related 6 to this subdivision say that we deem you to invest this 7 water availability, that's based on Headwaters rule 8 basically. 9 COMMISSIONER MOSER: Right. 10 COMMISSIONER LETZ: Deems that you have met 11 them if your lot size is over five acres. So they've 12 met our rules. They're -- what they did was above and 13 beyond -- 14 COMMISSIONER MOSER: Right. 15 COMMISSIONER LETZ: -- just to show the 16 potential buyers, I presume, what the water availability 17 looks like in this area of the County. 18 MR. MULLINS: Yes, sir. We just wanted 19 to -- even though we didn't have to go by the County 20 rules, we wanted to do one anyways just to make sure we 21 had good water there. 22 COMMISSIONER MOSER: Okay. And there were 23 some changes on floodplain or something like that from 24 the concept to preliminary. Is that correct? 25 MR. MULLINS: Yes, sir. That's correct. 61 1 After Matkin Hoover, our engineers, finalized the 2 detailed flood study, if -- if the boundary ever 3 changed -- at first you start off with the flood 4 boundary that FEMA gives you based off of old USGS maps. 5 And so once we did the detailed study, it -- 6 it changed it a little bit and it does show on the plat 7 exactly where it is based on the detailed study. And so 8 there was -- I believe, Ken, tell me if I'm wrong, but I 9 believe there was just the one road that we moved north 10 a little bit -- 11 MR. KOLACNY: Correct. 12 MR. MULLINS: -- to create more area for the 13 lots outside the floodplain. 14 MR. KOLACNY: That's correct. 15 COMMISSIONER MOSER: And still the plan is 16 no -- no plans to dam the creek or anything like that. 17 Is that correct? 18 MR. MULLINS: That's correct. 19 COMMISSIONER MOSER: Okay. 20 COMMISSIONER LETZ: What's the number of 21 lots in Phase 1 again? 22 JUDGE KELLY: 103. 23 MR. HASTINGS: 103. 24 COMMISSIONER LETZ: 103. And Phase 2 would 25 be? 62 1 MR. HASTINGS: The balance, 179? Or it's 2 103 so 76? 3 MR. KOLACNY: I'll be showing 174 total 4 right now. 5 MR. HASTINGS: Oh, you've reduced it? Okay. 6 COURT REPORTER: Excuse me, what's your 7 name? 8 MR. HASTINGS: Initially, they were going to 9 be 179. 10 MR. KOLACNY: Correct. 11 MR. HASTINGS: You made some of your lots a 12 little bit bigger? 13 MR. KOLACNY: Yeah, due to the floodplain, 14 we lost a little. 15 MR. HASTINGS: Okay. 16 COMMISSIONER MOSER: There was -- also on 17 your preliminary plans, you show an emergency exit. Is 18 that through a lot that will be sold or is that through 19 some common -- 20 MR. MULLINS: That's through -- it's through 21 an area that will be owned by the property owner. 22 COMMISSIONER MOSER: Okay. So that's not 23 through an individual -- 24 MR. MULLINS: It's the existing crossing 25 that's there now that's been there -- 63 1 COMMISSIONER MOSER: Right. 2 MR. MULLINS: -- for a long time and 3 survived a lot of floods. 4 COMMISSIONER MOSER: Okay. 5 MR. MULLINS: So that's -- 6 COMMISSIONER MOSER: So that's going to be 7 an emergency exit just in case it floods. 8 MR. MULLINS: It will be through -- off -- 9 completely on the property owners association property. 10 COMMISSIONER MOSER: Okay. And so what is 11 your schedule on development? 12 MR. MULLINS: We would -- we hope to be back 13 here for final plat in what, about two months, Ken? 14 MR. KOLACNY: Correct. 15 MR. MULLINS: About two months. And then to 16 get started shortly thereafter. 17 COMMISSIONER MOSER: Okay. All right. Very 18 good. Good job, fellas. 19 MR. MULLINS: Thank you. 20 JUDGE KELLY: Any other discussion? We 21 appreciate your thoroughness, and the four tested wells 22 and water availability studies. It's very helpful for 23 us to know that. 24 MR. MULLINS: Thank you, Judge. 25 JUDGE KELLY: If there's no other 64 1 discussion, those in favor raise your hand or say aye. 2 Unanimous, five zero. 3 MR. MULLINS: Thank you. 4 JUDGE KELLY: Thank you. 5 COURT REPORTER: Excuse me. What is your 6 name? 7 MR. KOLACNY: Ken Kolacny, it's 8 K-O-L-A-C-N-Y. 9 COURT REPORTER: Thank you. 10 COMMISSIONER MOSER: Thank you, Dan and Ken. 11 JUDGE KELLY: The last timed item we have 12 this morning at 10 o'clock is Item 1.22 consider, 13 discuss and take appropriate action for the Court to 14 issue a Certificate of Compliance for the Meadowbrook 15 Retirement Community Manufactured Housing Rental 16 Community Development, Phase 1. Charlie Hastings. 17 MR. HASTINGS: In accordance with Section 18 1.03.C of the Manufactured Home Rental Communities 19 regulations, the steps for approval, construction and a 20 certificate of compliance are the following: 21 1.03.C. Construction of a proposed 22 manufactured home rental community may not begin before 23 the date the County Engineer approves the Development 24 Plan. The County Engineer or Commissioners' Court may 25 require inspection of the infrastructure during its 65 1 construction and shall require a final inspection. 2 The final inspection must be completed not 3 later than the second business day after the date the 4 County Engineer receives an affidavit from the owner of 5 the manufactured home rental community that construction 6 of infrastructure has been completed in accordance with 7 the approved Development Plan. 8 If the County Engineer determines that the 9 infrastructure complies with the Development Plan, the 10 Commissioners' Court shall issue a certificate of 11 compliance not later than the 5th business day after the 12 date final inspection is completed. 13 An affidavit of completion was received on 14 July the 2nd, 2021, and the Court considered the request 15 for a certificate of completion on July 12th, 2021; 16 however, it was discovered there was an outstanding 17 drainage issue at that time. 18 The developer's contractor has modified the 19 drainage and a revised affidavit of completion was 20 received on August 6th, 2021. It is attached. 21 The County Engineer recommends that the 22 Court issue a certificate of compliance for the 23 Meadowbrook Retirement Community Manufactured Housing 24 Rental Community Development, Phase 1, located at State 25 Highway 27 and Hoot Owl Hollow. It is in Precinct 4. 66 1 We do have the developer and his engineer 2 here to -- I believe they have a Power Point 3 presentation. They would like to show you how we got to 4 this point and how the drainage has changed since the 5 beginning, and what they've done to resolve issues and 6 concerns with the neighbors. 7 JUDGE KELLY: Very well. Mr. Hewitt, do you 8 want to do that? 9 MR. HEWITT: My name is John Hewitt. I was 10 going to summarize the drainage for the Meadowbrook 11 Retirement Community. The -- you can go to the next 12 slide. There's four existing primary outfalls where 13 drainage discharges the site. There's not a pointer, is 14 there, Charlie? 15 MR. HASTINGS: No. 16 MR. HEWITT: Okay. There's one on the 17 far -- north is to the left on this drawing right here 18 and it's a small scale, I understand that. There's an 19 offsite channel that crosses State Highway 27 on the far 20 west side of the development. That continues and -- and 21 discharges on an outfall over to Johnson Creek. And 22 then there's three outfalls that discharge towards the 23 east. One of those -- and you can go to the next slide, 24 it's a little bit bigger. 25 One of those is on the far northeast side 67 1 and no work has been done. So there's been no changes 2 to that. It's a small drainage area. There's no -- no 3 changes at all. So that drainage area hasn't been 4 changed. No detention is provided for that. 5 On the far southwest side, most of that 6 drainage is coming in from the offsite area. There is a 7 detention pond just north of that. 8 COMMISSIONER HARRIS: John, let me interrupt 9 you. Does anybody have a pointer that he can use? 10 Anybody have a laser pointer? Okay. 11 COMMISSIONER BELEW: I'm going to ask if 12 your -- if your orientation is the same. You said north 13 is left? 14 MR. HEWITT: It's to the left. Yeah. 15 COMMISSIONER BELEW: Will it remain that way 16 through all these, John? 17 MR. HEWITT: Yeah. There's two -- two 18 exhibits on there. I'll tell you what, I'll just -- if 19 you don't mind, I'll just point up here. This is the 20 offsite channel that comes out here. So there's one 21 outfall there. This comes out that way. And then 22 there's three up at the top. There's a little five on a 23 bubble over there that is the one that has not been 24 changed at all. So there's been no changes to that. 25 There's two in the middle here, so that's 68 1 what I'm going to talk about. Previously when we came 2 in, that may have been even a year ago, we had allowed a 3 little increase in the peak flow in accordance with 4 subdivision regulation 5.06 C(2)(b), which for drainage 5 areas less than 25 acres, we had an increase in the 6 flow. Upon y'all's request, we went back and changed 7 that so that there is no increase at all. 8 If you go to the next slide, this is what 9 the predevelopment flows looked like on the third column 10 and then the post development on the fourth column. So 11 you can see that in outfalls one and three, there was 12 actually an increase in flows. And we have come back 13 and modified detention ponds to make sure that there's 14 zero increase coming out of there. 15 Two and four are the two that I was just 16 describing, that there's been no change, no increase in 17 the flows. So if you go to the next slide, after we put 18 in the two detention ponds that the developer increased 19 the size of those ponds with, the new post development 20 flows are less than the existing flows. So I wanted to 21 just emphasize that all of the runoff coming off of this 22 development now is less than it is right now for the 23 hundred-year event. 24 The other issue that we had is we've got -- 25 we had to put in two detention ponds to be able to do 69 1 that. An east pond and a west pond. The east pond is 2 located very close to the property line. And what we 3 had -- this is an aerial view of the -- or a view of the 4 east pond looking towards the property line. And the 5 next slide shows what the -- what the outfall looks like 6 currently. 7 So we have moved the outfall pipe and the 8 edge of that basin back 15 feet from the property line, 9 and put in additional baffle blocks and rock riprap and 10 tried to spread that flow out to minimize any impacts 11 downstream. 12 So since July 2nd, the things that have 13 happened is we've modified this outfall, and we have 14 confirmed that there's no increase in runoff off of this 15 development. So that -- that's the two things that I 16 wanted to point out this morning. 17 COMMISSIONER BELEW: There was a problem 18 before, what was -- why was it not changed when we were 19 told it was going to be changed? 20 MR. HEWITT: I guess I was -- had 21 miscommunication between me and the developer. So -- 22 it has been changed now. 23 COMMISSIONER MOSER: So velocity was a 24 concern. So the baffles kill the velocity? 25 MR. HEWITT: Correct. And not only that, we 70 1 split it out in a 50-foot length to help -- 2 COMMISSIONER MOSER: Okay. 3 MR. HEWITT: -- spread that out. 4 COMMISSIONER HARRIS: Before, it was what I 5 characterized as looking down a shotgun barrel to the 6 neighbors, right there close. It was, what, about four 7 foot off before it got changed. 8 COMMISSIONER MOSER: Now you got -- now you 9 got a scattered -- 10 COMMISSIONER HARRIS: Yeah. 11 COMMISSIONER LETZ: How do you -- how do you 12 define -- what is a hundred year flow? How much rain is 13 that? What does that translate to? 14 MR. HEWITT: It's about 12 inches in 24 15 hours. 16 JUDGE KELLY: That is a hundred year rain 17 here. And I want to clarify for the property owners 18 that are here and those at home, Charlie and I sat down 19 with the developer and with Mr. Hewitt and went over 20 this in minute detail. And we discovered the mistake 21 that was made. That's been rectified. 22 And the developer actually voluntarily 23 agreed to spend additional $250,000 to accomplish this 24 no increased outflow result, which we appreciate. And 25 we appreciate all the hard work you've done to get this 71 1 the way it's supposed to be done. 2 COMMISSIONER BELEW: Well that's the 3 requirement, isn't it? That you not have -- that you 4 not change the flow on somebody else's property? 5 JUDGE KELLY: Right. 6 COMMISSIONER LETZ: It's a requirement 7 but -- I mean about the -- our rules allow for a slight 8 increase, and we have since changed our rules that do 9 not allow that slight increase, but they were 10 grandfathered under the old rules but they went ahead 11 and complied with the new rules modified -- there was a 12 five percent margin, I believe, wasn't there? 13 COMMISSIONER LETZ: Yeah. 14 JUDGE KELLY: And they voluntarily complied 15 with that. Okay. Any other discussion? 16 I have had several people that have signed 17 up to speak on this item. Who wants to go first? Okay. 18 Mr. Gregory. 19 MR. GREGORY: Thank you. 20 JUDGE KELLY: I would ask that y'all -- each 21 of you identify yourself so that the folks on YouTube 22 know who is speaking. 23 MR. GREGORY: Judge Kelly, Commissioners. 24 My name is Charles Gregory. I own Johnson Creek 25 frontage property about a quarter of a mile below the 72 1 Meadowbrook development. The matter before the Court 2 today is to consider the issuance of a formal approval 3 of the Meadowbrook plat. 4 The same matter was considered at the July 5 12th meeting. At that meeting, several affected Johnson 6 Creek landowners presented evidence of continuing 7 drainage problems that had been recurring for more than 8 a year. Excuse me. 9 After much discussion, sometimes somewhat 10 heated, the matter was tabled for further action by the 11 project owner. A comment also was voiced that maybe we 12 need a review by an outside engineer. 13 Well, the group of landowners has engaged an 14 outside engineering firm to do just that. The firm is 15 Civil Tech, PLLC, of Boerne. We're dealing with 16 Mr. James McGarr, who is a registered professional 17 engineer and is a principal of the firm. 18 His work was slowed because much of the 19 relevant data from the copies of the plan that were 20 available to us was unreadable. And it was necessary to 21 request clear copies from the County, which treated it 22 as a FOIA request, and we did not receive the 23 information until last Friday, about the same time this 24 matter again appeared on the agenda for today. 25 We expect a full written report from 73 1 Civil Tech within two weeks, a public report, before the 2 next regular scheduled meeting of the court. But Mr. 3 McGarr has prepared a few questions which we want to 4 bring before you today. In order to get these questions 5 into the record, I would now like to read his questions 6 to you, and then we can elaborate. 7 Question Number 1. Why are there different 8 runoff values for the same area on different reports and 9 exhibits? One report mentions outfall points but none 10 are labeled on the maps provided. Need a clear 11 comparison on points that discharge to neighbors to 12 confirm State compliance with the water act. 13 Number 2. Reports provided do not detail 14 runoff coefficient and composite values clearly. These 15 appear to be low, which would explain excessive flows 16 from the site. Ponds appear to be too small. Routing 17 calculations were not provided. 18 Number three. Property was divided in the 19 state septic loophole. At a glance, State Law prohibits 20 unrelated effluent on slopes greater than two percent. 21 Does the property have slopes over two percent? 22 Number four. The 2017 FEMA study shows the 23 property in the floodplain. Kerr County regulations 24 base flood elevation must be calculated and shown. Why 25 are no base flood elevations shown or calculated? The 74 1 2017 FEMA study is labeled best available data. Was it 2 ever considered or looked at to verify accuracy? 3 Mr. Henderson will address that further. 4 Violations of water quality were 5 acknowledged by TCEQ, and the subsequent notice of 6 intent permit was filed. Has a notice of termination 7 permit been filed with TCEQ? If so, why is there still 8 groundwater leaving the site? If the agenda is to 9 certify completion of the property, why is runoff still 10 not up to State and County quality? Are unprotected 11 stock piles of materials still without silt protection? 12 Mrs. Ellsworth will address some of those issues. Thank 13 you. 14 JUDGE KELLY: Please state your name. 15 MR. HENDERSON: My name is Aubrey Henderson. 16 I live above the project that's in question here. Those 17 pictures right there, the first one, is the FEMA update. 18 I think, Mr. Hastings, you would know what that is. 19 That's the 2017 update on FEMA. 20 And then the second picture, the next one, 21 the second picture, Mr. Hastings, is this the one that 22 we're going by on the project, or is it the modified 23 version of the 2017? 24 You guys see that the hundred year flood and 25 the 500 flood, that picture, the first one, if you'll 75 1 look in the project itself, shows half the project's 2 under water. On the FEMA. On the 2017. And on this 3 one here, on this piece of paper here, it shows -- in 4 the red it shows five feet or greater. So five feet or 5 greater in that project. 6 You see all the roads have already been put 7 in. All the stuff that's been put there. That's five 8 foot of water in the flood. I just wanted to bring 9 that -- Judge Kelly, I just want to bring that to your 10 attention. That -- on the last page back there in the 11 back, that's where you can go to the base levelling 12 engineer, you can go and you can look this up. 13 So my concern is, I think as I've always 14 said before, Jonathan, is safety. Nobody in this room 15 has mentioned the word safety. Now, we'll go ahead and 16 do this project, it's down on Johnson Creek. We get a 17 hurricane, as I've told you before and I'm going to be 18 brief about this. It's going to happen. Is it going to 19 be seven years from now or is it going to be 11 when we 20 have the hundred year flood from 1932 when Ingram washed 21 away and Hunt washed away. 22 So here's what we have. We've already got a 23 study here that's been updated that shows this place 24 will flood. It's y'alls decision. The word safety for 25 those people down there. Do we have a way out for those 76 1 people if it floods? There's only one way in and one 2 way out. Can't get them from across the road because 3 there will be flooding. Can't get them from anywhere 4 else. So when you go down into that project, you better 5 have a way to get them out. 6 So, Judge Kelly, you know from living out in 7 West Kerr, we talked about this before. We don't need 8 to beat the dead horse up. But you know what that 9 Guadalupe does. You know what Johnson Creek does when 10 it cannot get into the Guadalupe. Ingram washed away. 11 So I'm going to leave you with this. This is fact. 12 This is a 2017 update version. Correct? Have you seen 13 this? 14 MR. HASTINGS: It's base level engineering 15 data. 16 MR. HENDERSON: Right. 17 MR. HASTINGS: Yes, sir. 18 MR. HENDERSON: Okay. 19 MR. HASTINGS: It's unofficial. 20 MR. HENDERSON: Right. Exactly. But it is 21 out there. 22 MR. HASTINGS: It's out there. 23 MR. HENDERSON: Okay. And let that be known 24 to the Court, it's not official. But that piece of 25 paper is update FEMA data. Kendall County, y'all work 77 1 very close with them, they do not approve any of this 2 project while they're using the 2017. They are not 3 using the 2011. So appreciate it, Judge. Thanks a 4 bunch. 5 MS. ELLSWORTH: Hi. My name is Melanie 6 Ellsworth and I live on 230 Dowling Creek -- Dowling 7 Road in Ingram, and I'm across the creek from the 8 development. This was brought up last time that -- I've 9 been here a couple times on this issue. But there was 10 an unauthorized discharge because it was construction 11 site, and what happened is the developer went and filed 12 a permit with TCEQ and got an NOI. 13 And an NOI is a notice of intent, I'm going 14 to be building something here and I'm going to have some 15 discharge related to this construction project. They 16 require silt fences and -- at the end of the project, 17 what's required by TCEQ is a NOT. 18 Now NOT says we've terminated our 19 construction project and we're going to pull up our silt 20 fences. We've met all the standards and we're ready to, 21 you know, sell lots. Our outside engineer James 22 mentioned has this been filed, asked if you are at 23 completion has the NOT been filed? If it hasn't, 24 obviously -- if you pass it today, they have 30 days to 25 file that. And at that point, I asked James, I said 78 1 they're going to say it's a construction issue. We're 2 going to deal with runoff for years until these lots are 3 sold out. 4 Our engineer said that's not acceptable by 5 State Law. When you file a NOT, it is not covered to 6 continue to discharge. So those -- you know, I'm just 7 going on the record saying that I'm concerned. One week 8 ago from today we had less than a one-inch rain and we 9 still have discharge in the creek. If the fences get 10 pulled up and the NOT gets filed and you say we're at 11 completion, there should not be any additional discharge 12 in the creek, and if it is, it's against State rules and 13 regulations. 14 Also, just on a follow-up to Aubrey's 15 comment on the floodplain. I know that it's a base 16 level engineering, you just said -- somebody that just 17 got up, they just talked about a new detailed study. 18 This -- I don't know -- the last -- two -- two items 19 back brought up the floodplain. That was just talked 20 about and they said there's a new detailed study. So 21 that was looked at. 22 Our engineer says it's common practice to go 23 to a new detailed study. It's not official, but it 24 would be important to know what's out there and how much 25 at risk people are in a floodplain or not in a 79 1 floodplain. And you thanked them for their 2 thoroughness, we're just here to be thorough. 3 This is not -- just to go on the record, 4 it's not anything personal. I really like you guys. I 5 like the efforts that have gone in to fix everything. 6 And it's not a personal -- I am a mom of six kids and 7 they're all grown and gone. I have six grandkids and my 8 new baby is the creek, protecting the creek. And I'm 9 like a mama bear saying let's -- let's watch out for 10 this. 11 So I'm just here in a representative -- I 12 represent many people that live on the creek that feel 13 the same way I do. We're part of the Johnson Creek 14 Collective and we're just here to say let's -- let's 15 just get it right. And -- and that's what I'm here to 16 ask you to do is get it right. 17 COMMISSIONER MOSER: So question I have. On 18 the notice of termination, has that been filed or not 19 filed, and it's been excessive -- 20 MS. ELLSWORTH: I don't know. Has the 21 notice of termination been filed? 22 MR. MUNDAHL: No. Not yet. 23 MS. ELLSWORTH: No. Okay. So it hasn't 24 been filed, but we're here at completion, so I'm 25 assuming that's about -- 80 1 MR. MUNDAHL: Yeah, we're -- 2 COMMISSIONER BELEW: Was that a yes or no? 3 MR. MUNDAHL: We're on the cusp of filing 4 but we want to get through this hearing today. 5 COMMISSIONER MOSER: Okay. 6 COURT REPORTER: Excuse me. What's your 7 name? 8 COMMISSIONER MOSER: So it's not been filed 9 yet? 10 MR. MUNDAHL: Well, I mean if we have to 11 go -- 12 COMMISSIONER MOSER: So the silt and the 13 runoff is still acceptable or -- I'm -- I'm confused? 14 MS. ELLSWORTH: So I'll read you the -- the 15 filing. I sent that to you. It's NOI permit, the one 16 they have now. Post construction discharges. 17 Discharges that occur after construction activities have 18 been completed and after the construction site and any 19 supporting activity have undergone final steps that -- 20 that -- stabilization. Those are not covered. 21 So the permit they -- the permit they have 22 now, post construction activities are not covered. So 23 what happens is they file the NOT. Basically a NOT is 24 saying we're finished, and they're not. A NOT is saying 25 the NOI is not effective so then they have no permit to 81 1 discharge into the creek. 2 So in a month, if we have a two-inch rain 3 and we've got discharge in the creek, they have broken 4 the TCEQ guidelines. And that's what I'm just here to 5 say. We're right here, and we're right about to file 6 the NOT, and we're right about to say everything's done. 7 Just -- I'm -- I'm just making sure we're all -- does 8 that make sense? 9 I mean, I -- if we got a ten-inch rain or 10 two-inch rain or one-inch rain last night, I mean 11 this -- this is from one week ago. So seven days ago. 12 But I mean next week if we get a one-inch rain, there 13 should not legally be anything in the creek. But TCEQ 14 guidelines, State Law. 15 COMMISSIONER LETZ: Just a comment on that 16 is I'm not aware of anything in our subdivision rules 17 which are basically exactly State Law where we deal with 18 TCEQ. I mean, there's nothing that I'm aware of. 19 Charlie, am I -- 20 MR. HASTINGS: Water -- water quantity we 21 deal with. Water quality we do not. That's a different 22 issue. 23 COMMISSIONER LETZ: Okay. So -- so water 24 quality -- 25 MR. HASTINGS: That's between the developer 82 1 and -- and -- 2 MS. ELLSWORTH: Okay. 3 COMMISSIONER LETZ: It's a civil issue that 4 we've been outside of that. 5 MS. ELLSWORTH: You're outside of it. 6 COMMISSIONER LETZ: Some of the other 7 things -- 8 MS. ELLSWORTH: Okay. 9 COMMISSIONER LETZ: -- I'm not saying that 10 about -- 11 MS. ELLSWORTH: I'm just bringing it to your 12 attention. If it's -- you can't do anything about it, 13 you can't do anything about it. I'm -- I'm just making 14 you aware. 15 COMMISSIONER MOSER: Okay. 16 MS. ELLSWORTH: Would you be concerned with 17 a NOT and -- and, you know, not keeping -- 18 COMMISSIONER LETZ: I'm concerned but -- 19 MS. ELLSWORTH: Can't do anything about it? 20 Okay. Well, that's -- that's just -- I'm just here on 21 behalf of the Collective to -- to watch out for that. I 22 mean we've -- we've had a lot of rain this summer and a 23 lot of discharge. And I technically could have called 24 TCEQ every single time that happened and taken pictures. 25 I didn't. I let it -- let it go for the year and 83 1 thought, I'm just going to write it off as a -- you 2 know, it's under their permit. But when the NOT gets 3 filed and that is final, there should not be any 4 discharge in the creek by that guideline. 5 COMMISSIONER LETZ: I agree. 6 MS. ELLSWORTH: Okay. 7 JUDGE KELLY: Charlie, you want to address 8 any of those concerns? 9 MR. HASTINGS: Yes, sir. I would like to 10 address the base level engineering concerns. The base 11 level engineering data, the entire Guadalupe River from 12 the top to bottom was studied by the State and the data 13 has been made available through the years. 14 Last year in particular, Texas Department -- 15 Texas Water Development Board has a section that deals 16 with storm water and with flood. And they had -- they 17 had some training that was available that I was able to 18 go to last year where they said, what can you do with 19 this new data? And one of the things that they -- they 20 recommend that you do is that you -- you use it when 21 you're issuing a floodplain permit and -- as a secondary 22 source of data. 23 Now, we have to keep in mind that we already 24 have an official study for Johnson Creek and for that 25 section. So, unlike the Creekside Development that we 84 1 just spoke about a moment ago, they were in a section of 2 Verde Creek that had never been studied. They had to do 3 a study. A new floodplain detailed study; whereas, on 4 Johnson Creek it was already studied. 5 So the way that we're going to handle this 6 new data, the base level engineering data, which in some 7 areas is more restrictive, and in some areas it's less 8 restrictive throughout the County, we've just been 9 taking it on a case by case basis. 10 COMMISSIONER MOSER: Charlie, what new data 11 are you talking about? 12 MR. HASTINGS: The State of Texas modeled 13 the entire Guadalupe River from one end to the other 14 and -- and put it through a HEC-RAS study to develop 15 base level engineering and base flood elevations. So 16 it's -- if you have an area that has never been studied 17 before in your County, now you actually have some data 18 that has been studied. 19 One of the things you have to keep in mind 20 is that they had -- the -- the person who did all of 21 this computer modeling had to make some assumptions and 22 apply those assumptions uniformly throughout the entire 23 State of Texas. They didn't necessarily -- you know, 24 they may not be from the Hill Country and understand the 25 Hill Country as well and I don't know if the assumptions 85 1 they made are good or bad for us. But it is extra data 2 that is available to us. 3 COMMISSIONER MOSER: How does all that 4 relate to the hundred year and the 500 year images that 5 we see? 6 MR. HASTINGS: I think the base level 7 engineering data that is new is showing that that area 8 is inundated with more water than the 2011 official FEMA 9 maps that we have for that area. 10 COMMISSIONER MOSER: So how do we move 11 forward as a County with the 2017 data? 12 MR. HASTINGS: When -- when there are 13 floodplain permits being issued for the individual homes 14 that go in there, they can be in compliance with the 15 2017 data. 16 COMMISSIONER MOSER: They can or must? 17 MR. HASTINGS: They can. 18 COMMISSIONER MOSER: They must? 19 MR. HASTINGS: That -- well, that -- it's on 20 a case by case basis. They don't necessarily have to. 21 We -- this Court hasn't adopted the base level 22 engineering data as the official floodplain maps. It's 23 unofficial. 24 COMMISSIONER BELEW: What's the motivation 25 to apply for it? 86 1 MR. HASTINGS: I'm sorry? 2 COMMISSIONER BELEW: What's the motivation? 3 MR. HASTINGS: The motivation to apply for 4 it? 5 COMMISSIONER BELEW: Yeah. If there's no -- 6 there's no teeth in it. Is what I'm hearing you say? 7 MR. HASTINGS: There's no teeth in the base 8 level engineering data? It's just another set of data. 9 It's another study that has been done. It's a good tool 10 if you -- if you're in an area that's never been 11 studied, it's a very good tool. It's another tool in 12 our toolbox for floodplain management. 13 JUDGE KELLY: So I want to make sure that I 14 understand. Are the plans that we're going to be asked 15 to approve today prepared according to the 2011 or 16 2017 -- 17 MR. HASTINGS: 2011. Yes, sir. 18 JUDGE KELLY: And why is that? 19 MR. HASTINGS: That's the official maps that 20 we're using and it's an already studied area. 21 JUDGE KELLY: So it's an official already 22 studied area. 23 MR. HASTINGS: Yes, sir. 24 JUDGE KELLY: And how is that 25 distinguishable from the 2017 engineering data? 87 1 MR. HASTINGS: The 2017 base level 2 engineering data is available only online. If you want 3 to view it, you can view it online. And it was released 4 to our community last year when this project started in 5 2019, before that data was made available to us. It's 6 relatively new. I know they started it in 2000 -- 7 supposedly 2017. 8 JUDGE KELLY: So this subdivision -- the 9 base engineering level -- or say it again, it's base 10 engineering data? 11 MR. HASTINGS: Base level engineering data. 12 JUDGE KELLY: Base level engineering. Okay. 13 MR. HASTINGS: It's a -- it's a first take 14 computer run. Normally, you -- you would go in and -- 15 and maybe after a first run, you start really defining 16 some areas better so that you can come up with a -- with 17 better results. 18 JUDGE KELLY: But I want to make sure I 19 understand this. 2011 base -- 20 MR. HASTINGS: 2011 is an official study. 21 2011 is the official maps that we have for this area. 22 JUDGE KELLY: So 2017 is not official? 23 MR. HASTINGS: 2017 is unofficial. 24 JUDGE KELLY: So it's -- that's optional to 25 be used? 88 1 MR. HASTINGS: Yes. 2 JUDGE KELLY: Okay. 3 MR. HASTINGS: Yes, sir. 4 JUDGE KELLY: And this particular project 5 began before that data was available? 6 MR. HASTINGS: Yes. 7 JUDGE KELLY: So it's -- this -- these 8 drawings have been grandfathered, am I understanding 9 this correctly? What are you telling me? 10 MR. HASTINGS: I'm saying that we -- we 11 couldn't have known about the base level engineering 12 data until -- we didn't know about it until after they 13 had already started construction. They already had 14 plans. So they could have elected to take that into -- 15 in account, but instead they -- they were using the 16 official floodplain maps that we have for our County. 17 Which today remain unchanged on that area. 18 COMMISSIONER BELEW: In general, are there 19 rules of disclosure for properties that are going to be 20 built in flood areas? 21 MR. HASTINGS: They have a plat that shows 22 where the floodplain is. Yes. 23 COMMISSIONER BELEW: Everybody gets one? I'm 24 not just talking about the subdivision, each property 25 owner that purchases every -- every one of these is 89 1 different and separate? 2 MR. HASTINGS: I guess I'm not -- I'm not 3 understanding your question. 4 COMMISSIONER BELEW: I'm buying a piece of 5 property. 6 MR. HASTINGS: Yes. 7 COMMISSIONER BELEW: I'm going to -- how am 8 I going to know that it's flood prone? 9 MR. HASTINGS: If it has been platted, it 10 should be on the plat. And another way is to go to 11 FEMA'S website and -- and see if your property is in the 12 floodplain. 13 COMMISSIONER BELEW: What I'm asking is for 14 people that purchase these properties, how well informed 15 are they? How well informed can we anticipate them 16 being? 17 MR. HASTINGS: Just as well informed as I 18 was when I bought a piece of property and took the time 19 to go look and see if I was in the floodplain. 20 COMMISSIONER BELEW: All right. 21 MR. HASTINGS: Everybody has a 22 responsibility on their own to -- to do their own 23 research and figure out where they're at. 24 COMMISSIONER BELEW: Sure. 25 MR. HASTINGS: If they don't, and they start 90 1 a project and we get a complaint from a neighbor that 2 says there's somebody in the floodplain doing something 3 over there, can you check it out? Then at that point we 4 can go and -- and address it, and contact that person. 5 And if they need a floodplain development permit then -- 6 then they follow the regulations. 7 COMMISSIONER HARRIS: And that happens a 8 lot? 9 MR. HASTINGS: It does. 10 COMMISSIONER LETZ: My question is -- or 11 concern is that Mr. Henderson came into the Court, I 12 don't know, it seems like a year ago. I don't know how 13 long ago it was, Aubrey, but awhile back and anecdotally 14 said that the creek had been up into that field where 15 the development now is. And now there's a study that 16 confirms what Mr. Henderson told us awhile back that it 17 was anecdotally and really couldn't, from the standpoint 18 of approval, you know, rely on. 19 And that's a concern to me. And I'm 20 probably going to look at the County Engineer a little 21 bit on that -- or not County Engineer, County Attorney, 22 about us approving or not approving when there's 23 something on -- a notice of a different thing. I know 24 it's not the official that we're -- our rules say, but 25 yet we're on notice that another study conflicts with 91 1 our official rules -- or the official 2011 data. 2 But the second part of my question is, I'm 3 sure that -- I know there's a lot of dirt work done out 4 there. How does that dirt work impact the elevations 5 that are shown on the 2017 study? 6 MR. HASTINGS: Do you want to address that? 7 COMMISSIONER LETZ: Does that make sense? 8 COMMISSIONER MOSER: Yeah. 9 MR. HEWITT: That's a hard question to 10 answer. I'd have to look and see what the difference in 11 the elevations were and how it was impacted. So I will 12 tell you that the 2017 data you -- that's unofficial. 13 If it would have been in our favor, we couldn't have 14 gone in and said now the floodplain is -- is different. 15 We couldn't use that. You can only use the 2011 16 official information to delineate the floodplain. 17 That being said, that's good information to 18 have. And maybe it's worthwhile for us to go back and 19 look at that. 20 COMMISSIONER MOSER: Yeah. I think this is 21 pretty dramatic. 22 COMMISSIONER HARRIS: Well, my concern 23 through this whole deal, and I've -- I've told several 24 people out here, including Aubrey. I know I did on the 25 phone. You know, my first concern with this was 92 1 environmental. And our environmental department is 2 pretty stringent. Sometimes I think maybe they're 3 too -- too tough. But it passed that sniff test. 4 And then water availability, that was 5 satisfied. But the whole thing -- the one thing that 6 has resonated with me more and more over all this time, 7 going back to a year ago, Aubrey, talking about the 8 water coming from across the highway. And you've seen 9 it. 10 MR. HENDERSON: It's a big concern. 11 COMMISSIONER HARRIS: And it wasn't so much 12 Johnson Creek, but it was that coming from the other 13 side of 27. And I told -- I told our County Engineer 14 last week, him and I went riding out to look at 15 something like this. You know what? I woke up at 3:30 16 last night. I couldn't go back to sleep. I was 17 thinking about that. And that's a concern. 18 We all believe in property rights. 19 Everybody in this room. And the owner has the right to 20 do what he does legally. Legally. And I can tell you, 21 if either one of those neighbors on either side of that 22 property put in a rodeo arena and started having weekly 23 rodeos, those residents in Meadowbrook would be the 24 first ones to complain about the noise, the lights, the 25 traffic, probably even the smell. But it would be that 93 1 owner's right to do that. So that's what we're dealing 2 with here. But that's the concern that's bothered me 3 all along is that water coming from across the highway. 4 MR. HENDERSON: Judge, can I say something? 5 I know y'all need to move on. 6 JUDGE KELLY: Go to the podium. 7 COMMISSIONER HARRIS: Go ahead, Aubrey. 8 JUDGE KELLY: People can't hear you at home. 9 MR. HENDERSON: Yeah, I'm sorry. I'm sorry. 10 Mr. Hastings and Mr. Hewitt, they understand. 211 -- 11 2011, 2017. I understand what your question is. It's 12 pretty simple. Kendall County has already adopted this 13 2017. Check me if I'm wrong. But y'all are asking why 14 we're not using 2017. And I understand what 15 Mr. Hastings said, we're using 2011. 16 That's -- that's our picture that I gave you 17 there. But as Mr. Moser said, new data shows that this 18 project falls into the hundred year or to the 500-year 19 where that flood is in that field down there, that will 20 flood one day. I'm just asking the County as a 21 question, can you all review that? Maybe not today. A 22 later day. To take in consideration for the projects 23 y'all are doing in Center Point, Camp Verde, and all 24 those others, that this is something that y'all need to 25 look at. An updated version from FEMA. 94 1 COMMISSIONER HARRIS: I'm sure we will. 2 MR. HASTINGS: I think we can do it on 3 every -- every project. What I'm trying to say is that 4 when moving forward, somebody comes in and wants to 5 build a house down there or bring one in, that it 6 probably needs to elevated above that elevation that is 7 available to us. 8 COMMISSIONER MOSER: How about the point 9 that was made of access in and out during a flood? 10 MR. HASTINGS: And I don't know what the 11 elevations of those -- those roads are. 12 MR. MUNDAHL: Can I address that? 13 COMMISSIONER MOSER: Sure. 14 MR. HASTINGS: You know, if you all raise 15 that area up, I don't know. 16 MR. MUNDAHL: I'm Chris Mundahl. I'm the 17 developer. This is a manufactured housing retirement 18 community. And when we were looking at that property, I 19 went back to the 1932 flood, and we were checking the 20 elevations for the -- you know, for the worst flood on 21 record. And these mobile homes, they're on pier and 22 beam. The good thing about this, these slabs aren't 23 going to be down on that grade. They're going to be a 24 minimum of three foot off the ground. And if in some of 25 the areas that -- my goal was to keep it in the -- out 95 1 of the 500 year flood. And I was doing that 2 voluntarily. I've done a ton of things voluntarily and 3 I'm going to continue to do that. So my goal is to stay 4 out of the 500, not just the 100. 5 And I did see these new updated ones but, 6 you know, we've made a commitment to this project and I 7 need to work with it. But the last thing I want to have 8 is a bunch of flooded homes down there. When we looked 9 at the riskiest area, it might be eight or nine out of a 10 hundred that are closest in the lowest levels. And I 11 plan on bringing those up higher and doing some really 12 nice construction. And doing some split level stuff 13 down there so that homes and my people and the tenants 14 are protected. 15 And I mean, I'm doing that voluntarily but 16 we're -- we're going to meet the law here a hundred 17 percent. But then I'm going the extra mile to -- to be 18 even safer than that. Also, when -- when we exit, you 19 come straight up Meadowbrook Drive -- Trail, and you 20 go -- you go up a hill and up to Highway 27. You'll 21 turn right to go to Ingram and, you know, if the 22 Guadalupe -- if it's flooding that bad, you're probably 23 not going to be getting to the hospital. The Volunteer 24 Fire Department is probably going to be shut down too, 25 because they're close to the Guadalupe. Everything -- 96 1 everything's going to be, you know, havoc. 2 I live at the coast. We have hurricanes 3 come through. We're -- I live in a flood zone. I've 4 been in there for 35 years. And I understand what's 5 going on so we build pier and beam down there. And this 6 has a pier and beam setup is what we're doing here in 7 that floodplain. 8 So I think -- y'all didn't know that, but 9 that's how this works in the retirement community -- in 10 the manufactured housing community. We're going to be 11 up on piers. 12 COMMISSIONER MOSER: So bottom line, access 13 during the 2017 data, based on that, is not an issue? 14 That's what you said? 15 MR. MUNDAHL: You know, I need to see it. I 16 didn't -- you know, everybody else got a map but I 17 didn't. I'll take a look at it but I just -- I don't 18 think it's worse than the 1932 flood. 19 COMMISSIONER MOSER: Yeah. Okay. And the 20 second thing is, you said that any lots down there that 21 are in the 2017 floodplain that you -- the plan was to 22 elevate those properties -- 23 MR. MUNDAHL: That is correct. 24 COMMISSIONER MOSER: -- so they're above the 25 floodplain? 97 1 MR. MUNDAHL: Yes, sir. And I have to tell 2 my tenants, they have to buy insurance for their homes 3 or not. 4 COMMISSIONER MOSER: Right. Right. 5 MR. MUNDAHL: So we're going to tell them, 6 you know, this is exactly what your plain is, this is 7 the 2017, this is the 2011, you know, here -- here's 8 what we've done to protect your home, and they can buy 9 flood insurance if they want to buy it down there. 10 COMMISSIONER MOSER: Okay. 11 MR. MUNDAHL: So that's -- that's the 12 best -- best we have it. It's a beautiful location and, 13 you know, we have a lot of people ready to come in if we 14 can ever get this thing completed. Any other questions? 15 JUDGE KELLY: Thank you. 16 COMMISSIONER MOSER: Well, the other thing 17 is the questions that were asked by the consulting 18 engineer. Didn't get any answers to those relative to 19 taking any -- taking any action by the Court. 20 JUDGE KELLY: I think the first place -- and 21 I can't help you folks, I'm still a recovering lawyer. 22 I'm trying to find out what are the legal limits. And I 23 need to look at the County Engineer and County Attorney 24 to help me understand where we are with this. 25 I think what I'm hearing, Charlie, is that 98 1 this -- this development project began and was -- and 2 got preliminary approval and everything on the basis of 3 the 2011 floodplain. 4 MR. HASTINGS: Yes, sir. That's right. 5 JUDGE KELLY: Or baseline -- baseline. 6 MR. HASTINGS: Just the official -- they 7 began with the official studies of the Guadalupe River 8 and Johnson Creek where they're at. So they -- they're 9 following exactly what our regulations require. 10 JUDGE KELLY: And so as far as your office 11 goes, when -- when they file those applications and it's 12 under the 2011 flood data -- 13 MR. HASTINGS: Yes, sir. 14 JUDGE KELLY: -- that's the data that you 15 use? 16 MR. HASTINGS: That's the data that we use. 17 JUDGE KELLY: That's what I need to know. 18 Even though we now know there's -- 2017 data is 19 available? 20 MR. HASTINGS: It's available. Yes. 21 JUDGE KELLY: Okay. And we may -- we may be 22 able to incorporate that in the subdivision rules that 23 we're going to be working on in the next few months? 24 MR. HASTINGS: We -- we may be able to. And 25 I'll -- I'll add when you're -- I know you're trying to 99 1 summarize, but when you go to look at this data, FEMA 2 warns you. This has already been studied. 3 JUDGE KELLY: Yeah. 4 MR. HASTINGS: Are you sure you want to look 5 at this new data because it's going to look different. 6 JUDGE KELLY: Well, then the next question 7 is, does this development with regard to this floodplain 8 issue, the one hundred year floodplain, does this 9 development plan comply and -- with none of these homes 10 being in the -- the one hundred year floodplain? 11 MR. HASTINGS: Yes, sir. 12 JUDGE KELLY: It does? 13 MR. HASTINGS: Yes, sir. 14 JUDGE KELLY: Under the 2011? 15 MR. HASTINGS: Yes, sir. 16 COMMISSIONER MOSER: When they need to get a 17 permit to build on one of the lots using the 2017 data, 18 then they will meet the 2017 data according to the 19 developer. 20 JUDGE KELLY: Is that what you're saying? 21 MR. HASTINGS: They would need to 22 voluntarily do that -- 23 COMMISSIONER MOSER: Right. 24 MR. HASTINGS: -- since they're officially 25 out of the hundred year floodplain. 100 1 COMMISSIONER MOSER: Right. 2 MR. HASTINGS: Unless we were to adopt the 3 2017 data, and then people would be brought in. 4 COMMISSIONER MOSER: Right. That's what 5 Chris said. 6 MR. MUNDAHL: That's goal. I'd have to look 7 at the data to find out exactly what -- 8 COMMISSIONER MOSER: Sure. 9 MR. MUNDAHL: -- we're looking at, but 10 that's what I would like to have. Homes out of the 11 floodplain. 12 COMMISSIONER MOSER: Or elevated such 13 that -- throughout the floodplain. 14 MR. HASTINGS: We have the benefit of -- 15 we've got a man who's seen it. So -- and he's been 16 warning us, and he told us last year, and I listened 17 when he spoke. I went back and I unearthed this same 18 data as well and I got with the developer's engineer 19 last year and said hey, I know that officially this is 20 where the floodplain is, but I've got some concerns 21 based on this data and based on some testimony that I've 22 heard from Mr. Henderson, that this area floods. And so 23 we had those conversations a year ago and, of course, 24 we -- we have official floodplain maps that we go by, 25 and they have met the letter of that law, and I think 101 1 the best that we can get today from the developer is 2 that, you know, he's -- he's willing to do something to 3 a higher standard. 4 JUDGE KELLY: Well, the legal question -- 5 and I'm -- 6 MR. HASTINGS: But legally he's not 7 obligated. 8 JUDGE KELLY: So legally we cannot impose 9 2017 information -- 10 MR. HASTINGS: No, sir. 11 JUDGE KELLY: -- on this development? 12 MR. HASTINGS: No, sir. 13 MRS. STEBBINS: That's right. 14 JUDGE KELLY: And if we do, we'll probably 15 get sued. 16 MR. HASTINGS: And I'll -- I'll add that -- 17 that I've been evaluating since this data has been 18 available. Every floodplain permit that comes in now, 19 we go and -- and compare it to this base level 20 engineering, which means it's not a full study, it's at 21 the very base level. It's a first swing. It's 22 wonderful data. I love using it as secondhand 23 information to see is there a problem here, maybe this 24 needs to be studied harder, and so forth. But it wasn't 25 available to me when they initially came in. I didn't 102 1 have the benefit of that. Everything's been hindsight. 2 COMMISSIONER LETZ: Charlie? 3 MR. HASTINGS: Yes. 4 COMMISSIONER LETZ: We have our subdivision 5 rules and we also -- also have, I believe it's a FEMA 6 flood protection order or something along that line that 7 we've adopted. 8 MR. HASTINGS: Yes. 9 COMMISSIONER LETZ: Can we adopt -- you 10 know, our subdivision rules we can clearly say we want 11 to go by 2017. But that doesn't -- but once we approve 12 it, it's approved from that standpoint. Can we also -- 13 MR. HASTINGS: We could actually do it 14 through -- through our flood damage prevention order. 15 We -- we wouldn't have to do it through the subdivision 16 regulations. 17 COMMISSIONER LETZ: So that's what I'm 18 saying. So we can update and say through our flood 19 prevention order -- 20 MR. HASTINGS: Yes. 21 COMMISSIONER LETZ: -- we want to go -- we 22 want to follow the 2017 as well? 23 MR. HASTINGS: Yes. 24 COMMISSIONER LETZ: In which case every home 25 built then has to meet the 2017? 103 1 MR. HASTINGS: We -- we could do that. I -- 2 again, the data was made available to our office a year 3 ago. We've been using it since as a comparison. And we 4 have noticed some areas where there's big differences 5 between a legitimate recent study and what the base 6 level engineering is saying. And so we take it with a 7 grain of salt. It's not perfect. It has a date of 8 2017, but it's not -- that doesn't make it better 9 necessarily than the other study. 10 COMMISSIONER LETZ: I'm not saying better, 11 but if you -- but between the two, as a floodplain 12 administrator, you can take the stricter of the two and 13 impose that on any new construction? 14 MR. HASTINGS: Yes, sir. 15 JUDGE KELLY: That's something that we do in 16 the future. It doesn't apply to what we're doing here 17 today. 18 MR. HASTINGS: I don't believe it applies 19 today. 20 COMMISSIONER MOSER: Well, if you build -- 21 or if you're going to set a home on one of these lots, 22 yeah, it would. 23 COMMISSIONER LETZ: Yeah, it would. They 24 would have to -- they could be approved here but they 25 would have to comply with it to build their home. 104 1 COMMISSIONER MOSER: Right. 2 COMMISSIONER LETZ: If we make that change. 3 COMMISSIONER MOSER: Right. 4 JUDGE KELLY: So we started off with the 5 complaint about too much water flowing onto the 6 neighbors. That was a quantity issue. 7 MR. HASTINGS: Yes. 8 JUDGE KELLY: Has that been satisfied? 9 MR. HASTINGS: Yes. 10 JUDGE KELLY: Okay. We then had a velocity 11 issue with the damage the water was doing in the 12 discharge onto the neighbor's property. Has that been 13 addressed? 14 MR. HASTINGS: Yes. 15 JUDGE KELLY: And so, with regard to the 16 quality of the water, I understand there's an issue with 17 that. Do we have any authority to do anything about 18 that? 19 MR. HASTINGS: No, sir. 20 JUDGE KELLY: That's a TCEQ problem. Okay. 21 So now we're talking about the floodplain. And they've 22 complied with what the 2011 floodplain requirements 23 require? 24 MR. HASTINGS: Yes. 25 JUDGE KELLY: So your recommendation to this 105 1 Court is? 2 MR. HASTINGS: I recommend that the Court 3 issue a certificate of compliance. 4 JUDGE KELLY: I have to look at my County 5 Attorney. What's your recommendation? 6 MRS. STEBBINS: To follow the recommendation 7 of our County Engineer. 8 JUDGE KELLY: Okay. 9 COMMISSIONER MOSER: And the fourth thing is 10 any homes built on this development can be required to 11 use the 2017 data. 12 COMMISSIONER LETZ: But not under this. 13 COMMISSIONER MOSER: Not under this agenda 14 item. Right. 15 COMMISSIONER LETZ: Let's go back to the 16 letter from Mr. McGarr. It refers to a two percent 17 grade for the -- on the effluent issue. I don't know if 18 that's an accurate number or not? 19 MR. MUNDAHL: It's -- it's not. It's 20 flatter than two percent. 21 COMMISSIONER LETZ: And I'm not sure what 22 the requirement is there anyway. I was wondering. But 23 Environmental Health has reviewed the septic for this 24 property? 25 MR. HASTINGS: Yes. They did. 106 1 COMMISSIONER LETZ: And they did approve it. 2 MR. MUNDAHL: Okay. 3 JUDGE KELLY: So am I to interpret that that 4 our Environmental Health Department has signed off on 5 this development as presented? 6 MR. HASTINGS: Yes, sir, they did. 7 JUDGE KELLY: Okay. I feel like I'm getting 8 tied down here. 9 COMMISSIONER LETZ: And my last -- Charlie 10 or Mr. Hewitt? The first two ones -- items in the 11 letter, you know, runoff values are different in 12 different reports and exhibits. That's just because -- 13 what's the reason for that? 14 MR. HASTINGS: We got a request on Friday 15 for some data and we just provided it on Friday, what 16 was requested. 17 COMMISSIONER LETZ: But I mean the -- the 18 statement in here is that the runoff value for the same 19 area on different reports and exhibits. The runoff 20 values are different on different reports and exhibits. 21 MR. HASTINGS: Probably because they're -- 22 I believe they're looking at data from 2019 when it was 23 initially submitted, and 2021, which is I think two 24 years, and so there were changes made to the drainage to 25 accommodate detention. The first set of plans didn't 107 1 have detention at all. 2 COMMISSIONER LETZ: And the final thing on 3 the letter is reports do not detail runoff co-efficient 4 in composite values clearly. 5 MR. HASTINGS: I don't know what reports 6 this engineer is looking at. I provided one sheet as 7 requested that was unclear, from 2019, and I provided 8 without a request but I thought they would need it, the 9 identical sheet. It has a different sheet number 10 because they changed the way that they numbered their 11 sheets, so they could say hey, it's changed. This is 12 2021. I didn't -- didn't want them looking at old data. 13 COMMISSIONER LETZ: Right. 14 MR. HASTINGS: This was on Friday afternoon 15 when I was requested. 16 COMMISSIONER LETZ: But for some reason -- 17 MR. HASTINGS: And I can only -- I can only 18 speak to what I've been -- been asked to provide and 19 what I've provided. I don't know if there's other data 20 being -- 21 COMMISSIONER HARRIS: Charlie and I talked a 22 bit about this on Friday. He sent better information 23 than what was requested. Isn't that -- isn't that true? 24 MR. HASTINGS: Well, yes. I -- I -- what 25 was requested was outdated and -- 108 1 COMMISSIONER HARRIS: Right. 2 MR. HASTINGS: -- I said wow, there's a 3 whole new sheet for this. 4 COMMISSIONER HARRIS: Other than just what 5 was requested? 6 MR. HASTINGS: Right. 7 COMMISSIONER HARRIS: And you gave them the 8 updated? 9 MR. HASTINGS: Yes, sir. 10 JUDGE KELLY: Well, as the son of a civil 11 engineer, I learned a long time ago that if you get the 12 engineers in a room, one room, we'll get to the bottom 13 of the numbers and what these problems are. I learned 14 that. And that's what we did when we sat down with John 15 and Mr. Mundahl. 16 Mr. Gregory, you wanted to say something? 17 MR. GREGORY: You asked for a review by an 18 outside engineer. It's coming. That -- we got the data 19 Friday afternoon. Presumably he is working with -- he 20 made notes from the information he got by e-mail over 21 the weekend, but he wasn't in a position to start work 22 on it. But his report is coming. 23 COMMISSIONER LETZ: The -- what we're up 24 against is that once it's been certified by the County 25 Engineer, we have five days. 109 1 MR. GREGORY: I understand. 2 COMMISSIONER LETZ: And if it's certified we 3 have no option but to approve it. And it's been 4 certified. 5 JUDGE KELLY: Is that the law? 6 COMMISSIONER LETZ: It's our rule. 7 MRS. STEBBINS: It's our rule. And the 8 County Engineer does not make hasty recommendations to 9 this Court. 10 COMMISSIONER LETZ: That's right. The 11 provisions allow that -- the provisions say we shall do 12 it within five days. And our rules here are, I believe, 13 verbatim out of State Law. I don't think we made any 14 changes out of that. We had -- a history, originally we 15 had them a little bit different and there was a lawsuit 16 and we went straight with State Law on how we approve 17 these. 18 JUDGE KELLY: Well, let me read it into the 19 record. If the County Engineer determines that the 20 infrastructure complies with the development plan, the 21 Commissioners Court shall issue a certificate of 22 compliance not later than the fifth business day after 23 the date the final inspection is complete. 24 Is that where we are, Charlie? 25 MR. HASTINGS: Yes, sir. 110 1 JUDGE KELLY: Is that where we are, Madam 2 Attorney? 3 MRS. STEBBINS: Yes, sir. 4 JUDGE KELLY: Any other discussion? 5 COMMISSIONER MOSER: So the five day clock 6 begins when? 7 MR. HASTINGS: After -- it's after I receive 8 an affidavit from the developer stating that he's in 9 compliance. 10 COMMISSIONER MOSER: Yeah. So my question 11 is, when does the five day start? 12 MR. HASTINGS: And then I do the final 13 inspection, which I've done both. 14 COMMISSIONER MOSER: So when's the five days 15 up? 16 MR. HASTINGS: We're up. 17 COMMISSIONER MOSER: Okay. 18 MR. HASTINGS: Yes, sir. 19 COMMISSIONER MOSER: So we must approve it. 20 JUDGE KELLY: Well, let's go ahead and be 21 specific so it's all on the record. What day did we get 22 the affidavit from them? 23 MR. HASTINGS: Okay. August the 6th, 2021, 24 I received the affidavit. 25 JUDGE KELLY: So it's been more than five 111 1 business days. And you went out and did an inspection? 2 MR. HASTINGS: Yes, sir. 3 JUDGE KELLY: And when did you do the 4 inspection? 5 MR. HASTINGS: I did the inspection 6 following the 6th. Let me look at what day, to be sure. 7 That following week. It was either August the 9th or 8 the 10th that I did the inspection. 9 JUDGE KELLY: And the 5th day has expired? 10 MR. HASTINGS: Yes, sir. So we couldn't get 11 it on a -- we had an agenda on the 9th, that's why this 12 wasn't on the 9th. There wasn't time. 13 COMMISSIONER MOSER: Right. Okay. 14 JUDGE KELLY: Right. So this is the 15 first -- 16 MR. HASTINGS: This is the first Court 17 agenda that I could put it on to try to honor the five 18 day request or requirement. 19 COMMISSIONER LETZ: And I'll ask a question 20 of Mr. Mundahl. I presume you would prefer not to wait. 21 You would prefer for it to be approved? 22 MR. MUNDAHL: We cannot afford to wait any 23 longer. 24 MRS. STEBBINS: And the Court doesn't have 25 discretion. 112 1 COMMISSIONER MOSER: What did you say? 2 MRS. STEBBINS: The Court doesn't have 3 discretion. 4 COMMISSIONER MOSER: Right. 5 JUDGE KELLY: For those of you at home that 6 couldn't hear that, our County Attorney is telling us 7 that we do not have discretion on this. We have to 8 approve it. That's what all this is about. 9 COMMISSIONER LETZ: I'll do the -- I'll make 10 a motion to approve the -- the agenda item as presented. 11 COMMISSIONER MOSER: Second. 12 JUDGE KELLY: Motion's been made by 13 Commissioner Letz, seconded by Commissioner Moser to 14 issue a certificate of compliance to the Meadowbrook 15 Retirement Community Manufactured Housing Rental 16 Community Development. Is there any other discussion? 17 COMMISSIONER LETZ: I'll make a general 18 comment to Mr. Mundahl primarily. I think in all 19 likelihood that we may adopt the 2017 rules, which will 20 require compliance on any permits and any construction 21 built on that property. And I also encourage that, you 22 know, any early development be in the upper areas if at 23 all possible. 24 COMMISSIONER HARRIS: Well, we have to adopt 25 the most current stuff. Isn't it -- it's amazing that 113 1 it says 2017 and basically we're just now getting it or 2 it hasn't been out that long. 3 MR. HASTINGS: It's been in various data 4 stages for three years. But again, it's just another 5 set of engineering data. 6 JUDGE KELLY: Later today -- hopefully 7 today, I'm going to appoint Beck Gipson to be 8 Commissioner Moser's replacement and one of the top 9 priorities that I have for the Court is to get these 10 subdivision rules updated and filed. And we're sitting 11 here today having to do something as distasteful as it 12 might be, knowing that there's more current data that we 13 simply cannot require to be applied to this development 14 and it breaks my heart to have to do that. But that's 15 where we are. And we're -- these -- these subdivision 16 rules are seriously in need of revision. And I 17 apologize. That's all I can do about that. 18 COMMISSIONER LETZ: I agree with that, 19 Judge. But the other part of it is, there -- if we 20 adopt these rules or were to adopt them today, the new 21 rules, next week we could come up with a new set of 22 rules that would be better. And we can't -- and it's a 23 three-month process at a minimum to update our rules. 24 So I mean, it's always going to be the case. 25 And it's unfortunate and -- you know, and the other 114 1 thing I want to make clear is that we have made a number 2 of adjustments to our rules from 2007 when they were 3 adopted. We have changed many, many parts of those 4 based on new data from the State or new data on the way. 5 So these are not rules that haven't been looked at. 6 They have been looked at a lot. But the drainage system 7 was completely changed during that interim. 8 COMMISSIONER BELEW: And there's always 9 going to be a new study. And it's imperfect. The whole 10 process is imperfect. You do the best you can with what 11 you have to work with. 12 JUDGE KELLY: Okay. Those in favor raise 13 your hand or say aye. Those opposed. 14 (Commissioner Harris opposing.) 15 JUDGE KELLY: And those abstaining. 16 (Judge Kelly abstaining.) 17 JUDGE KELLY: I'm not going to break the law 18 and vote against it, but I'm not going to vote for it. 19 COMMISSIONER MOSER: Yeah. 20 JUDGE KELLY: It passes 3-1-1. 21 COMMISSIONER HARRIS: I will say this. And 22 if you don't mind give me a second. That even though I 23 voted no, in all my conversations with Mr. Mundahl I 24 know he's going to go out of his way to put his best 25 foot forward. And so that does seem -- you know -- 115 1 JUDGE KELLY: Let's take a five minute break 2 and come back -- come back at 11:15. 3 (Recess.) 4 JUDGE KELLY: That was the last timed item. 5 Flip all the way back over to 1.7. Let's go back and 6 pick up the untimed items. Item 1.7 consider, discuss 7 and take appropriate action to approve Kerr County 8 Investment Policy and the Broker/Dealer List for Kerr 9 County's Investment Policy in accordance with the Public 10 Funds Investment Act. Miss Soldan. 11 COMMISSIONER MOSER: Move for approval. 12 MRS. STEBBINS: Thank you. 13 COMMISSIONER BELEW: Yeah. Second. 14 MRS. STEBBINS: She's not here. 15 JUDGE KELLY: Motion's been made by 16 Commissioner Moser, seconded by Commissioner Belew to 17 approve the Kerr County Investment Policy and 18 Broker/Dealer List for Kerr County Investments. Any 19 other discussion? Those in favor raise your hand. 20 Unanimous, five zero. 21 Item 1.8 consider, discuss and take 22 appropriate action to approve new juror donation form, 23 adding an additional donation option of a Veterans 24 County Service Office as per SB456. This bill was 25 signed by the Governor on June 14, 2021 and becomes law 116 1 effective September 1. 2 COMMISSIONER MOSER: Move for approval. 3 COMMISSIONER BELEW: This means it goes into 4 effect for us as soon as the Governor signs it? 5 MRS. STEBBINS: September 1st is when it's 6 effective. And then jurors will have an option to make 7 a donation to our Veterans Services Office. 8 COMMISSIONER MOSER: It's just an option 9 they have. 10 MRS. STEBBINS: It is an option. And there 11 are two other options on that form, I believe. Maybe 12 there's more. But there are -- 13 COMMISSIONER LETZ: No, you're right. Just 14 the two. 15 COMMISSIONER BELEW: Second. 16 JUDGE KELLY: Okay. Motion's been made by 17 Commissioner Moser, seconded by Commissioner Belew to 18 approve including the Veterans County Service Office on 19 the jury donation form. Any other discussion? Those in 20 favor raise your hand. Unanimous, five zero. 21 Item 1.9 consider, discuss and take 22 appropriate action to approve Monitoring Renewal 23 Agreement with Beckwith for monitoring services at 24 Juvenile Detention Center. Shane Evans. 25 MR. EVANS: Good morning, gentlemen. Yes, 117 1 sir. It's time for a renewal contract with Beckwith for 2 monitoring the fire alarm system at the Juvenile 3 Detention Center at 3501 Legion Drive. 4 COMMISSIONER BELEW: Move for approval. 5 COMMISSIONER HARRIS: Second. 6 JUDGE KELLY: Motion's been made by 7 Commissioner Belew, seconded by Commissioner Harris to 8 approve a renewal contract with Beckwith for monitoring 9 services at the Juvenile Detention Center. 10 COMMISSIONER LETZ: County Attorney, have 11 you reviewed? 12 MRS. STEBBINS: I have. 13 COMMISSIONER LETZ: Thank you. 14 MRS. STEBBINS: No suggested changes. 15 JUDGE KELLY: Those in favor raise your 16 hand. Unanimous, five zero. 17 Item 1.10 consider, discuss and take 18 appropriate action to approve hiring a part-time 19 employee. Shane Evans. 20 MR. EVANS: Yes, sir. I'd like to ask 21 permission to hire a part-time employee. Beginning 22 September 1st, I will have a -- one employee that's 23 going on FMLA, one of my custodians, and estimated to be 24 gone for eight weeks. And I do have the funds necessary 25 to hire that particular person at a fourteen one. 118 1 COMMISSIONER LETZ: Move for approval. 2 COMMISSIONER BELEW: Second. 3 COMMISSIONER HARRIS: Second. 4 JUDGE KELLY: Motion's been made by 5 Commissioner Letz, seconded by Commissioner Harris to 6 approve the part-time employee for the Maintenance 7 Department. Any other discussion? Those in favor raise 8 your hand. Unanimous, five zero. 9 Item 1.11, at long last, consider, discuss 10 and take appropriate action regarding SAVNS, which is 11 the Statewide Automated Victims Notification Service 12 grant, acceptance and ongoing oversight. Ms. Peters. 13 MS. PETER: This is an ongoing -- it's 14 basically a pass-through grant. It allows the jail to 15 notify victims automatically when potential Defendant 16 offenders are released. So it's -- James can probably 17 speak to that better than I can but we -- we give the 18 money and then we're reimbursed throughout the year. 19 COMMISSIONER HARRIS: I move for approval. 20 COMMISSIONER BELEW: Second. 21 JUDGE KELLY: Motion's been made by 22 Commissioner Harris, seconded by Commissioner Belew to 23 approve the Statewide Automated Victims Notification 24 Service grant. Any discussion? Those in favor raise 25 your hand. Unanimous, five zero. 119 1 MS. PETER: Thank you, gentlemen. 2 JUDGE KELLY: Thank you. Sorry you had to 3 wait so long. 4 MS. PETER: No problem. 5 JUDGE KELLY: Okay. Let's move down to item 6 1.23 consider, discuss and take appropriate action to 7 recommend Charlie Hastings as the voting member of 8 Region 11 Guadalupe Regional Flood Planning Group. 9 COMMISSIONER LETZ: I put this on the agenda 10 and Charlie, I think, has grudgingly agreed to serve. 11 Kerr County has two members on this. Ray Buck is one, 12 the other was Joseph McDaniel. I was -- I have been an 13 alternate for both of them and I've attended quite a few 14 of the meetings. But I think that -- my feeling is that 15 Charlie Hastings has the best chance of getting approval 16 by that Board. 17 He fits the requirement I think of a water 18 utility based on his experience primarily with the City 19 of Kerrville and certainly with the wastewater project 20 that we're working on, the wastewater side. So I think 21 he's qualified. 22 I think it's really important that Kerr 23 County keep another representative on this. It's been a 24 bit frustrating, the lack of input that Kendall and Kerr 25 County have had into this process so far. 120 1 As an example, I was at a meeting two weeks 2 ago or three weeks ago and basically we had five 3 different programs that we would like to submit to 4 funding by the end of this month and they have not let 5 anyone, myself or anyone in Kerr County, know how to 6 submit these five projects. And so, anyway, I think 7 it's really important that we keep somebody -- I think 8 Charlie will do a real good job. 9 COMMISSIONER MOSER: I think he has the best 10 chance as opposed to somebody from the Court. 11 COMMISSIONER LETZ: Yeah, he's probably a 12 person that has a better chance than someone from the 13 Court. 14 JUDGE KELLY: Okay. 15 COMMISSIONER HARRIS: Which would give us 16 three and -- 17 COMMISSIONER LETZ: It will give us -- no, 18 it gives us two. Joseph McDaniel retired from -- or 19 didn't retire. He got transferred with Aqua Texas and I 20 think Charlie is a really good fit. 21 JUDGE KELLY: Okay. 22 COMMISSIONER LETZ: So I'll make a motion 23 to -- that we recommend, and I'll ask the County Judge 24 to write a letter of recommendation, for Charlie 25 Hastings to be the representative for Region 11 121 1 wastewater -- or not wastewater -- water utilities. 2 COMMISSIONER HARRIS: Second. 3 JUDGE KELLY: Okay. Motion's been made by 4 Commissioner Letz, seconded by Commissioner Harris to 5 appoint Charlie Hastings as the voting member of 6 Region 11 Guadalupe Regional Flood Planning Group. Any 7 other discussion? Those in favor raise your hand. 8 Unanimous, five zero. 9 Item 1.24 consider, discuss and take 10 appropriate action to take a record vote on the proposed 11 2021 Kerr County tax rate. This will be a combined tax 12 rate for Kerr County and Lateral Roads. Bob Reeves. 13 MR. REEVES: Good morning, again. Honestly, 14 I believe it's up to the Court to decide what tax rate 15 you would like to propose for the adoption at a future 16 date. I'm here to answer any questions. I've presented 17 you with the handouts earlier of some scenarios and I'm 18 available for questions. 19 COMMISSIONER MOSER: I'm okay with the tax 20 rate as proposed in light of the fact that we're going 21 to increase the contingency by $500,000. 22 COMMISSIONER HARRIS: The no new revenue 23 rate? 24 COMMISSIONER MOSER: Yeah. The no new 25 revenue. I will point out that it's less than the 122 1 average that we've had for the last six years, which is 2 okay. Lowering the tax rate is good. And I would 3 remember that the Court several -- probably about three 4 or four years ago, said probably to stay ahead of things 5 we probably ought to increase the tax rate by a penny 6 per year so we're not doing it, we're going in the other 7 direction. But anytime we can do that and still make 8 ends meet, I'm okay with it. 9 COMMISSIONER HARRIS: The appraisals are 10 going through the roof. 11 COMMISSIONER MOSER: Right. Right. 12 Precisely. So, therefore, I make a motion that we adopt 13 the -- 14 MR. REEVES: If I may, Commissioner. 15 COMMISSIONER MOSER: Go ahead. 16 MR. REEVES: Your motion needs to be to 17 adopt the no new revenue rate of .4542, which is a 18 combination of maintenance and operations of .3928 per 19 $100 valuation, a debt service of .033 per $100 20 valuation, and the Lateral Roads fund would be .0296 per 21 $100 valuation. 22 COMMISSIONER MOSER: Good. That's exactly 23 what I was going to say. 24 MR. REEVES: I thought that's what you were 25 going to say, Commissioner. 123 1 MS. SHELTON: I -- I think Lateral Roads is 2 at .0284. 3 MR. REEVES: I stand corrected. I looked at 4 it and it would be .0284. 5 COMMISSIONER MOSER: Good. 6 MR. REEVES: And I thought that's what you 7 meant. 8 COMMISSIONER MOSER: That's what I meant. 9 Yeah. 10 JUDGE KELLY: Okay. 11 MR. REEVES: And it does need to be a record 12 vote, Judge. 13 COMMISSIONER MOSER: Okay. 14 JUDGE KELLY: Okay. Then motion was made by 15 Commissioner Moser, seconded by Commissioner Letz -- 16 COMMISSIONER LETZ: No, Harris. 17 JUDGE KELLY: Harris? 18 COMMISSIONER HARRIS: Either one. 19 COMMISSIONER LETZ: Either one. 20 JUDGE KELLY: I heard it on this side of the 21 room. 22 COMMISSIONER MOSER: To my left. 23 JUDGE KELLY: To adopt a combined tax rate 24 of .4542 cents per hundred dollar valuation, with the 25 M&O to be .3928 -- with M&O being maintenance and 124 1 operations, and debt service to be point .033, and 2 Lateral Roads to be .0284. 3 MR. REEVES: Correct. 4 JUDGE KELLY: Did I get those numbers 5 correct? 6 MR. REEVES: Yes, sir. 7 JUDGE KELLY: Any discussion? 8 COMMISSIONER LETZ: I'll just make a note 9 that this is slightly over a two cent decrease in tax 10 rate. 11 JUDGE KELLY: That's right. 12 COMMISSIONER MOSER: Good point to make. 13 And less than what the six year average has been. So 14 good job. 15 JUDGE KELLY: But again, I want to clarify 16 while we got Mr. Reeves here. Because sometimes I don't 17 say this exactly right. So I want to make sure I get it 18 said correct so the public understands. That the no new 19 revenue rate that we're adopting means that we're 20 actually charging about the same taxes we did -- taxes 21 as we have before. Is that correct? 22 MR. REEVES: On the same property. Yes. 23 JUDGE KELLY: On the same properties. 24 MR. REEVES: That's correct. 25 JUDGE KELLY: And even though the tax rate 125 1 goes down, we're not cutting taxes. We're cutting tax 2 rate. 3 MR. REEVES: That is correct. 4 JUDGE KELLY: That's always difficult to 5 explain but I just want -- 6 MR. REEVES: Sure. 7 JUDGE KELLY: -- I'm taking one more stab at 8 it so the public understands that while the tax rate is 9 going down, the taxes are not. Okay. Those in favor 10 raise your hand. 11 MR. REEVES: I'm sorry. Take a vote. 12 COMMISSIONER LETZ: It's a record vote. 13 JUDGE KELLY: Oh, record vote. Let's start 14 at the other end. Precinct 4? 15 COMMISSIONER HARRIS: Okay. Yes. 16 JUDGE KELLY: Three? 17 COMMISSIONER LETZ: Yes. 18 JUDGE KELLY: Two? 19 COMMISSIONER MOSER: Yes. 20 JUDGE KELLY: One? 21 COMMISSIONER BELEW: Yes. 22 JUDGE KELLY: And my vote, yes. It's 23 unanimous, five zero. Thanks for walking us through 24 that. But you're going to be up here for awhile. 25 MR. REEVES: Yes. 126 1 JUDGE KELLY: 1.25 consider, discuss and 2 take appropriate action to set the date and time to hold 3 a public hearing for the 2021 tax rate for Kerr County 4 and Lateral Roads. 5 MR. REEVES: Judge, by proposing a no new 6 revenue rate, the Court is not required to hold a public 7 hearing; however, if they so choose to hold a public 8 meeting, you know, it's semantics with the names, they 9 may do so and I'll leave that up to the Court. 10 JUDGE KELLY: I'm comfortable with what 11 we've done. Do we have to have another meeting on it? 12 MR. REEVES: It's up to the Court. 13 COMMISSIONER LETZ: No. 14 JUDGE KELLY: I recommend we pass that. 15 COMMISSIONER LETZ: No action. 16 JUDGE KELLY: Okay. Let's move to 1.26 17 consider, discuss and take appropriate action to set the 18 date and time for adoption of the 2021 tax rate for Kerr 19 County and Lateral Roads. 20 MR. REEVES: I will leave that to the Court 21 and the Auditor of when the adoption will be; however, I 22 will need a time designated to place a notice that I 23 have to publicize. 24 JUDGE KELLY: September -- where is she? 25 MRS. SHELTON: 13th. 127 1 JUDGE KELLY: -- 13th? At what time do we 2 want to do it? 3 MRS. SHELTON: 9:45. 4 JUDGE KELLY: September 13th at 9:45. 5 COMMISSIONER LETZ: So move. 6 COMMISSIONER HARRIS: Second. 7 JUDGE KELLY: Motion's been made by 8 Commissioner Letz, seconded by Commissioner Harris to 9 set September 13 at 9:45 to adopt the 2021 tax rate for 10 Kerr County and Lateral Roads. Any other discussion? 11 Those in favor raise your hand. Unanimous, five zero. 12 Item 1.27 consider, discuss and take 13 appropriate action to take a record vote on the proposed 14 2021 Lake Ingram Estates Road District tax rate. 15 Mr. Reeves. 16 MR. REEVES: Yes, sir. The Lake Ingram 17 Estates Road District is only the taxing entity for a 18 certain group of residents in West Kerr County. There 19 is no maintenance and operations of this road district. 20 It is all for debt service. 21 And the rate that I have calculated for the 22 2021 taxes would be .1521 per $100 valuation. And this 23 would require a record vote by the Commissioners. 24 COMMISSIONER HARRIS: I move for approval. 25 COMMISSIONER LETZ: Second. 128 1 JUDGE KELLY: Motion's made by Commissioner 2 Harris, seconded by Commissioner Letz to set a tax rate 3 for Lake Ingram Estates Road District at .1521 per 4 hundred -- 5 MR. REEVES: Per hundred dollars. 6 COMMISSIONER MOSER: And Bob, that's only 7 for debt service? Is that what you said? 8 MR. REEVES: Yes, sir. Yes. 9 COMMISSIONER MOSER: So there's no 10 maintenance? 11 MR. REEVES: The roads are County 12 maintained. 13 COMMISSIONER MOSER: Okay. 14 MR. REEVES: So, therefore, any maintenance 15 on the roads comes out of -- 16 COMMISSIONER MOSER: And how does that 17 compare to last year? 18 MR. REEVES: That is a reduction. We'll 19 actually save the average homeowner in Lake Ingram 20 Estates $27.89. 21 COMMISSIONER MOSER: Okay. 22 JUDGE KELLY: Any other discussion? Those 23 in favor raise your hand -- oh, record. Record. 24 Record. 25 COMMISSIONER LETZ: Record vote. 129 1 JUDGE KELLY: Okay. Precinct 2? 2 COMMISSIONER MOSER: Yes. 3 JUDGE KELLY: Precinct 3? 4 COMMISSIONER LETZ: Yes. 5 JUDGE KELLY: Precinct 1? 6 COMMISSIONER BELEW: Yes. 7 JUDGE KELLY: Precinct 4? 8 COMMISSIONER HARRIS: Yes. 9 JUDGE KELLY: And I vote yes. Unanimous, 10 five zero. Everybody's had a chance to be first to 11 vote. 12 1.28 consider, discuss and take appropriate 13 action to set the date and time to hold a public hearing 14 for the 2021 tax rate for Lake Ingram Estates Road 15 District. Is this optional? 16 MR. REEVES: Actually on this one, Judge, 17 I'd prefer a public hearing even though the rate I 18 proposed, because it is debt. I would prefer to set a 19 public hearing on this. 20 JUDGE KELLY: Okay. 21 COMMISSIONER LETZ: 9-13 at ten -- at 9:50, 22 does that work? 23 MR. REEVES: Sure. 24 COMMISSIONER LETZ: Make a motion that we 25 set the public hearing at nine -- September 13th at 130 1 9:50. 2 COMMISSIONER HARRIS: Second. 3 JUDGE KELLY: Motion made by Commissioner 4 Letz, seconded by Commissioner Harris to set the public 5 hearing for September the 13th at 9:50 a.m. Any 6 discussion? 7 COMMISSIONER BELEW: I have a question, 8 Mr. Reeves. How far into this is -- are they at Lake 9 Hills or -- 10 MR. REEVES: I believe there's another six 11 years that -- 12 COMMISSIONER BELEW: How long was the 13 program? 14 MR. REEVES: In '02. I think it was a 15 25-year note. 16 COMMISSIONER BELEW: Yeah. These take 17 awhile so they're getting closer to the end. 18 MR. REEVES: They're getting closer to the 19 end. The discussions with the Auditor, the principal 20 balance is so low that it -- nobody would look at buying 21 the note and trying to reduce the interest or -- it's 22 just not great enough. We're paying 20, 22 thousand 23 dollars per year on debt reduction. 24 COMMISSIONER BELEW: And this is a success 25 story for people that have a road they would like to get 131 1 up to County specs, have the County take it over, pay it 2 off over long term, and have a decent road they don't 3 have to personally maintain. 4 MR. REEVES: That is correct. Commissioner 5 Letz may can answer more of the -- I forgot how many 6 roads were utilized this way. At one time there were 7 six or seven road districts, I believe. 8 COMMISSIONER LETZ: We're trying to do that. 9 And again, the plus to this is one, it spreads it out 10 over time and gets the roads put into the County system 11 for those that want it. And over time, additional homes 12 get built, it tends to lower the rate from where it was. 13 Because I think it was originally like 20 cents or 14 something, 22 cents? 15 MR. REEVES: It's been dropping every year. 16 Last year I believe it was 17 something. 17 COMMISSIONER LETZ: Yeah. It may have been 18 up to as close to 30. I mean, there's a limit to how 19 high you can set the tax but it's come down quite a bit. 20 And we have also had road districts that have failed. I 21 mean it's not easy to get them through. 22 COMMISSIONER BELEW: It's hard to get them 23 started. 24 COMMISSIONER LETZ: Sure. 25 COMMISSIONER MOSER: Does it have to be 132 1 voted on by -- voted on an election? 2 COMMISSIONER LETZ: It's voted on by the 3 people within the vote -- within the tax district. 4 COMMISSIONER MOSER: Yeah, I understand. 5 Like a general election? 6 COMMISSIONER LETZ: Right. 7 COMMISSIONER MOSER: Right. 8 MR. REEVES: I believe this one has -- the 9 road district you actually have to hold the election 10 within that small -- Ms. Hoffer has indicated they've 11 used garages as a polling place. 12 COMMISSIONER LETZ: Yeah. Rather than -- 13 they have to -- yeah, I mean we -- I had one fail by a 14 vote of five to four -- or four to five, I should say. 15 COMMISSIONER BELEW: There are two in 16 Precinct 1 right now attempting to wash their hands and 17 it is an uphill battle. 18 COMMISSIONER HARRIS: I've had a couple try. 19 But it's hard. 20 JUDGE KELLY: Okay. Any other discussion? 21 Those in favor raise your hand. Five zero. 22 Item 1.29 consider, discuss and take 23 appropriate action to set the date and time for adoption 24 of the 2021 tax rate for Lake Ingram Estates Road 25 District. Is that needed? 133 1 MR. REEVES: Yes, sir. That will be needed 2 to officially adopt the tax rate. 3 JUDGE KELLY: We'll do it September 13th at 4 10 o'clock? 5 COMMISSIONER LETZ: Do it the 13th. 6 COMMISSIONER MOSER: At 10 o'clock? 7 MR. REEVES: Yes, sir. 8 JUDGE KELLY: Stack them up. 9 COMMISSIONER HARRIS: Is there a motion? 10 COMMISSIONER LETZ: Yes. 11 COMMISSIONER HARRIS: Second. 12 JUDGE KELLY: There's a motion by 13 Commissioner Letz, second by Commissioner Harris to set 14 the hearing for the adoption of the 2021 tax rate of 15 Lake Ingram Estates Road District for September the 13th 16 at 10 o'clock. Any discussion? Those in favor raise 17 your hand. Unanimous, five zero. 18 Item 1.30 consider, discuss and approve the 19 appointment of Election Judges and Alternates for the 20 term of one year in accordance with the Texas Election 21 Code, Section 32. Do I have to read that in Spanish? 22 MR. REEVES: It's up to you, Judge. 23 JUDGE KELLY: Oh boy. 24 COMMISSIONER BELEW: Maybe you can get a 25 volunteer. 134 1 COMMISSIONER MOSER: I don't believe you 2 need to. 3 MR. REEVES: Yes, sir. As you'll recall at 4 the last meeting of the court, various precincts you 5 approved judges and alternates. Some of them had not 6 been named yet. This time I ask the Court to approve 7 the additional judges in Precinct 113, Jerry Wolff. 8 Precinct 404, Barbara Dewell, and Precinct 417, Bill 9 Fitch. 10 COMMISSIONER HARRIS: I move for approval. 11 COMMISSIONER BELEW: Second. 12 JUDGE KELLY: Okay. Motion's been made by 13 Commissioner Harris, seconded by Commissioner Belew to 14 approve the Election Judges as presented for a one year 15 term. Any discussion? Those in favor raise your hand. 16 Unanimous, five zero. 17 MR. REEVES: Thank you, gentlemen. 18 JUDGE KELLY: Thank you. 19 COMMISSIONER MOSER: Thanks, Bob. 20 JUDGE KELLY: Consider, discuss and take 21 appropriate action on request from appointed and elected 22 officials to appoint clerks and assistants for their 23 offices pursuant to Local Government Code Chapter 151. 24 This just something that we ask for and it's presented 25 and we approve. 135 1 COMMISSIONER MOSER: So move. 2 COMMISSIONER BELEW: Second. 3 JUDGE KELLY: Motion's by Commissioner 4 Moser, seconded by Commissioner Belew to approve the 5 appointed and elected officials list of appointed clerks 6 and assistants for their respective offices. Any 7 discussion? Those in favor raise your hand. Unanimous, 8 five zero. 9 Item 1.32 consider, discuss and take 10 appropriate action to surplus certain IT items. 11 Mr. Robles. 12 MR. ROBLES: Yes. These are the -- this 13 lists the items that are being requested to be recycled, 14 various computers, desktops, monitors. 15 COMMISSIONER HARRIS: Move for approval. 16 COMMISSIONER BELEW: Second. 17 JUDGE KELLY: Any discussion? Those in 18 favor raise your hand. Unanimous, five zero. 19 Item 1.33 consider, discuss and take 20 appropriate action to set a date for a workshop to 21 discuss subdivision rules, proposed revisions that need 22 to be explored and the development of an advisory 23 committee. 24 When I originally put this on here, I felt 25 we really needed an advisory committee. I don't know if 136 1 we're going to need an advisory committee, but I do want 2 to announce that the three candidates that I 3 interviewed, the finalists for the Commissioners 4 position, all three of them, Kaela Hale, Chris Childs, 5 and Mark Haufler, all agreed to help advise us. And 6 they're signing on one hundred percent. So we'll have 7 that plus another three to help us. Which is good. 8 We've got a civil engineer, we've got somebody from -- 9 with a lot of water experience, and then we've got a 10 lifetime rancher, banker that understands what makes 11 deals work or not. 12 COMMISSIONER BELEW: Always good to have an 13 extra set of eyes. 14 COMMISSIONER LETZ: Judge, I think the -- I 15 believe that Charlie went ahead and finalized -- based 16 on the discussion which you and I and Charlie had last 17 week -- finalized our draft rules so they're ready to go 18 now. So what we need to do is to have a workshop and 19 then have some time where we can have Mr. Kimbrough, 20 members of the Court and the County Attorney meet, go 21 over them. 22 JUDGE KELLY: The dates we have for 23 Kimbrough are September 8th and September 20th. And 24 that's for him to come and give legal advice to the 25 Court in Executive Session. Any other workshops would 137 1 be public Open Meetings Act. 2 MRS. STEBBINS: And I've sent him the rules 3 that Charlie -- 4 COMMISSIONER LETZ: Right. And then I think 5 the recommendation would be I think that we -- certain 6 people you mentioned, and there are several others that 7 we -- maybe, you know, reach out to. 8 JUDGE KELLY: Yeah. 9 COMMISSIONER LETZ: Lee Voelkel would be 10 one. And some others. Other surveyors. Reach out and 11 get them copies. And then hold a workshop -- or really, 12 I'd almost rather receive written comments back from 13 them would be probably more productive. But we can 14 handle that. But I think the first step is to have our 15 two workshops with -- or two Executive Session meetings 16 with Kimbrough. 17 JUDGE KELLY: So we'd be looking at setting 18 a workshop after we've talked with Mr. Kimbrough? 19 COMMISSIONER LETZ: Sometime -- but I think 20 we need to figure out -- you know, we need to get the 21 timetable from him. I mean I'm not -- there's -- 22 JUDGE KELLY: Okay. 23 COMMISSIONER LETZ: It gets into a 24 complicated process if we have to take an impact 25 assessment also. And I mean, I really need to rely on 138 1 him, I think, to set that schedule once we're 2 comfortable with it. 3 JUDGE KELLY: When taking impact assessment. 4 If we do things to take people's property away from them 5 without due process of law we get in trouble. 6 COMMISSIONER LETZ: But I think the other 7 thing is, you know, there are -- we have two meetings 8 set up. It may take more than that. I mean, parts of 9 our rules, especially when you get into water, are 10 really complicated. And they're going to stay 11 complicated because our authority is -- yes, with the 12 water code, you have to look at some TCEQ rules, you 13 have to look at our model rules, you have to look at our 14 regular rules. And you have to look at our water 15 availability requirements. So there's five different 16 documents that we really have to look at to figure out 17 where we are or what we can and can't do. And the 18 Attorney General opinion confuses it even more. So 19 that's -- and then the other areas, I mean, you know -- 20 COMMISSIONER MOSER: Can we get back with 21 Kimbrough to set the date? 22 COMMISSIONER LETZ: Well, we have -- the 23 date is set and Kimbrough's aware of those dates. Well, 24 we need to wait for that, I think. I think we just meet 25 with Kimbrough two times, and it may take a third 139 1 meeting with him, because I think if we go too fast it 2 gets really complicated. I mean, I understand it and 3 I'll be willing to come and try and do it in one, but I 4 think that it's a disservice to the rest of the Court 5 because -- 6 JUDGE KELLY: Well, my goal -- my personal 7 goal of doing this, and y'all have heard some of this in 8 the selection process for the Commissioner to fill 9 Commissioner Moser's vacancy, I'm really focused on the 10 subdivision rules and the development that's coming to 11 East Kerr County right now. It's at -- you saw it here 12 today. It's happening faster than we can react to it. 13 And everybody on this Court needs a 14 refresher course, in my opinion. I need a refresher 15 course. Get us all up to speed so that we really know 16 where we are with all this. And when we get a final 17 version of it that we're most comfortable with, at that 18 time, on that date, get it adopted. Because if we start 19 these things under the old rules, we'll see what 20 happens. We saw what happened here today. 21 COMMISSIONER BELEW: Well, if we already 22 have projects in the works they have to -- 23 JUDGE KELLY: They're under the old rules. 24 COMMISSIONER BELEW: They're under the old 25 rules. 140 1 JUDGE KELLY: Right. So we need to get the 2 new rules in place and have a cutoff date. 3 COMMISSIONER MOSER: Because there are more 4 coming. There are more coming. 5 JUDGE KELLY: And they're going to -- and 6 the fact that -- the other thing that I think people 7 forget, I forgot until I sat down to think about it. We 8 used to have a three-step process. They come to us with 9 a concept plan and we would approve it. And then there 10 would be a whole lot of work done and then they would 11 come to us with a preliminary plat plan and we'd approve 12 that. 13 And then there would be a whole bunch more 14 work done and then they would come to us with a plat and 15 we'd approve that. And we had -- it was very -- it was 16 almost like a waltz. A three-step process. One, two, 17 three. One, two, three. Well, in 2009 the legislature 18 eliminated the preliminary plat phase. So we go from 19 concept to final. And by -- and a whole lot of work has 20 to be done between those two things. A lot of work and 21 a lot of expense. A lot of money spent. And when they 22 bring that final to us, we now have 30 days to accept 23 it, approve it, or state in detail what it is that we 24 disapprove of and tie it back to what our rules say. 25 And so we get a project like Creekside, you 141 1 got a thousand acres. You got a couple hundred lots. 2 And we've got to make all that decision within one 3 30-day period of time. 4 COMMISSIONER LETZ: And to make it really 5 worse, a concept is not required. 6 JUDGE KELLY: I know. 7 COMMISSIONER LETZ: So I mean really, they 8 can come in and just talk it on the spot and say here, 9 you have 30 days to approve this, and that puts a huge 10 burden on our side. 11 JUDGE KELLY: Sure. And we've got to be 12 ready. We as a Court have to be ready. 13 COMMISSIONER MOSER: And if we don't, it 14 goes. 15 JUDGE KELLY: So that's -- we'll come back 16 to that later. Let's move on to Item 1.34. 17 COMMISSIONER LETZ: The dates are -- when 18 are they, Heather? 19 JUDGE KELLY: September the 8th and 20 September the 20th. 21 MRS. STEBBINS: The 8th -- uh-huh. 22 COMMISSIONER LETZ: 8th and 20th. Are they 23 at 9 o'clock? 24 MRS. STEBBINS: (Shakes head yes.) 25 JUDGE KELLY: Yes. Item 1.34 consider, 142 1 discuss and take appropriate action to ratify and 2 confirm the Commercial Tenant Estoppel Certificate for 3 the Ingram Annex property located at 3350 Junction 4 Highway, Ingram, Texas. 5 Terry Napper's mom passed away and he was up 6 at the courthouse. He had sold the property and he came 7 by to visit with me after court and asked me to sign the 8 estoppel agreement, which he's got a lease out there, 9 which I did. And we thought we kept a copy, but we 10 didn't. So -- so what we have to do now is ratify and 11 confirm that we signed the estoppel certificate for him 12 to sell the property. 13 COMMISSIONER MOSER: What's estoppel? 14 JUDGE KELLY: It just says that we have a 15 lease. 16 COMMISSIONER MOSER: Okay. 17 JUDGE KELLY: Which we do. And we confirmed 18 the terms of the lease and that way he passes it on to 19 the purchaser, so the purchaser knows what kind of rent 20 he's going to get. And also, that authorizes the 21 purchaser to instruct us to send the rent payments to 22 him. 23 COMMISSIONER MOSER: Okay. Good deal. 24 JUDGE KELLY: So I'll move that we ratify 25 and confirm that. 143 1 COMMISSIONER BELEW: Second. 2 JUDGE KELLY: I made the motion, seconded by 3 Commissioner Belew to ratify and confirm the commercial 4 tenant estoppel certificate with Ingram Annex. Any 5 discussion? 6 COMMISSIONER HARRIS: Yes. Number three, 7 where it says all repairs to the building. I know we 8 had something come up that that has basically been the 9 case for all -- nothing major. And a year or two ago we 10 had something major, you know. The AC unit, a 1980 11 something model, and Shane and his crew -- nobody around 12 here could find a part for it. And went back to 13 Mr. Napper at the time and he did it. He went out and 14 got -- endured that expense. The way this is written 15 now, anything like that would be ours. 16 JUDGE KELLY: That's what he negotiated with 17 us, remember? He had us over a barrel. 18 COMMISSIONER MOSER: Okay. 19 COMMISSIONER HARRIS: I didn't think he had 20 all repairs. I thought it was just the -- now what's 21 the word, insignif -- you know, minimal. Just 22 maintenance. Daily maintenance or routine maintenance. 23 And he had the major, is what I understood before. 24 JUDGE KELLY: Well, that's the way it was 25 before this last one, but when he found out that we were 144 1 building the annex he didn't want to be responsible for 2 anything -- 3 COMMISSIONER HARRIS: Yeah. 4 JUDGE KELLY: -- else. 5 COMMISSIONER HARRIS: Well, that's what we 6 got. And that building is getting older by the day. 7 So -- 8 JUDGE KELLY: For anyone that doesn't 9 believe we need a new West Kerr County Annex, go visit 10 it. 11 COMMISSIONER HARRIS: Yeah, that's true. 12 JUDGE KELLY: It's proven in itself. Okay. 13 So those in favor, raise your hand. Opposed. 5-0. 14 Item 1.34 -- oh, that was it, 1.34. 15 1.35 consider, discuss and take appropriate 16 action on the signature authority for disbursement for 17 the Center Point East Kerr County Wastewater Project. 18 COMMISSIONER LETZ: I put this on the agenda 19 because we have an internal process where County 20 Engineer, Commissioner Precinct 2, Commissioner 21 Precinct 3, Auditor, sign them before it heads up to 22 GrantWorks. And Commissioner Moser is leaving. 23 Commissioner Gipson will be filling that spot. And we 24 need to change that and put his name on there. 25 I visited with him a little bit and he wants 145 1 to be on there because -- so he gets familiar with that 2 project. But I also think that we need to make a slight 3 modification that if one of the Commissioners -- either 4 three or four is not available for an extended period of 5 time, that it can go forward with just one of the 6 signatures. 7 COMMISSIONER MOSER: That's good. We've 8 done that. 9 COMMISSIONER BELEW: You said three or four? 10 COMMISSIONER MOSER: He means three or two. 11 COMMISSIONER LETZ: I mean two or three. 12 Precincts 2 or 3. Sorry. 13 COMMISSIONER MOSER: Yeah. So move. 14 COMMISSIONER LETZ: Second. 15 JUDGE KELLY: Motion's been made by 16 Commissioner Moser, seconded by Commissioner Letz to 17 approve the signatory authority for disbursement of 18 Center Point/East Kerr County Wastewater Project being 19 Commissioners from Precincts two and three and -- 20 together, and only one if the other one's not available. 21 Any discussion? Those in favor raise your hand. Five 22 zero. 23 Item 1.36 consider, discuss and take 24 appropriate action regarding the 2022 Kerr Central 25 Appraisal District budget. 146 1 This was presented to us by Miss 2 Constantinides. I said that. That's a hard one to say. 3 COMMISSIONER BELEW: Well, I move for 4 approval. 5 COMMISSIONER LETZ: Second. 6 JUDGE KELLY: Motion's been made by 7 Commissioner Belew, seconded by Commissioner Letz to 8 approve the KCAD budget. Any discussion? Those in 9 favor raise your hand. Opposed. Unanimous, five zero. 10 COMMISSIONER MOSER: I'm going to abstain. 11 JUDGE KELLY: Oh. Four, zero, one. 12 COMMISSIONER MOSER: Abstain. 13 JUDGE KELLY: 1.37 consider, discuss and 14 take appropriate action to approve the Memorandum of 15 Understanding between Ingram ISD and the Kerr County 16 Sheriff's Office. And Sheriff, if you go back to, what 17 is it, 1.45? 18 SHERIFF LEITHA: 1.45 also, yes. 19 JUDGE KELLY: Let me call it at the same 20 time. 21 SHERIFF LEITHA: Yes, sir. 22 JUDGE KELLY: And that is consider, discuss 23 and take appropriate action to approve the Non-Terminal 24 Agency Agreement between Ingram ISD and Kerr County 25 Sheriff's Office. Sheriff Leitha. 147 1 SHERIFF LEITHA: Yes, sir. Okay. Good 2 afternoon, Court. All right, what I'm looking for 3 requesting your approval for this MOU, Memorandum of 4 Understanding, with Kerr County Sheriff's Office and 5 Ingram ISD. They've officially started their police 6 department this school year. This will let us be able 7 to work together on different incidents and offenses 8 that happen within the school district. If something 9 was to occur, we would work together and decide who 10 would be the lead or work it together. 11 This MOU -- also, the second one is an 12 agreement for Ingram ISD Police Department to be able to 13 use our communications and run anything on a day-to-day 14 basis if they may need it. Both of these have been 15 reviewed and approved by the County Attorney. 16 COMMISSIONER HARRIS: I move for approval. 17 COMMISSIONER BELEW: Second. 18 JUDGE KELLY: This motion is for both of 19 them? 20 COMMISSIONER HARRIS: Yes. 21 JUDGE KELLY: Motion's been made to approve 22 the Memorandum of Understanding between Ingram ISD and 23 the Kerr County Sheriff's Office, and to approve the 24 Non-Terminal Agency Agreement between Ingram ISD and the 25 Kerr County Sheriff's Office. Who made the motion and 148 1 who made the second? Harris made the motion, Belew made 2 the second. Any discussion? Those in favor raise your 3 hand. Unanimous, five zero. Thank you, Sheriff. 4 1.38 consider, discuss and take appropriate 5 action to approve a contract with the State Case 6 Registry and Local Customer Service Cooperative 7 Agreement between the Office of the Attorney General of 8 the State of Texas and Kerr County, and upon approval 9 have the County Judge sign the same. 10 MRS. STEBBINS: Dawn asked me to be here to 11 present this today. And I've reviewed it. It is the 12 same terms of the last agreement we entered into. 13 COMMISSIONER HARRIS: I move for approval. 14 MRS. STEBBINS: Thank you. 15 COMMISSIONER BELEW: Second. 16 JUDGE KELLY: Motion's been made by 17 Commissioner Harris, seconded by Commissioner Belew to 18 approve the State Case Registry and Local Customer 19 Service Cooperative Agreement between the Office of the 20 Attorney General and State of the Texas and Kerr County. 21 Any discussion? Those in favor raise your hand. 22 Unanimous, five zero. 23 1.39 consider, discuss and take appropriate 24 action to appoint an individual to fulfill the unexpired 25 term for Commissioner Precinct 2. I have appointed Beck 149 1 Gipson who was here and was hoping to be sworn in today, 2 but TNA(phonetic) has not issued his bond, so we can't 3 swear him in until we get the bond. So we'll do that on 4 another day but we can announce that. 5 Then let's move on to Item 1.40 consider, 6 discuss and take appropriate action to approve the bond 7 for the newly appointed Precinct 2 Commissioner. We'll 8 pass on that because we don't have it to approve. 9 1.41 is to consider, discuss and take 10 appropriate action to administer the oath of office, 11 which we can't do because we don't have a bond. 12 And that takes us to Item 1.42. Comments 13 from Commissioners Court regarding the retirement of 14 Commissioner Moser. 15 Tom, I just want to say, it's been a 16 pleasure and a challenge keeping up with you. When I 17 sat in the blue seats out there and got to know you, a 18 man of incredible intellect and ability to manage very 19 difficult and complex issues. And it's been a true 20 pleasure working with you. And you're going to be 21 missed. I got used to you. 22 COMMISSIONER MOSER: I thank you for that. 23 Let me reflect on some things, if I may. Sort of under 24 the category mission accomplished. Okay. This is not 25 bragging rights or victory lap or anything like that. 150 1 But I think I want to address some things that the Court 2 has done in past eight years. 3 Number one, we established an Emergency 4 Management Coordinator for the County, which is very, 5 very important. And I think we've seen it through 6 several things here in the last couple of years how 7 important that is, to have a person for the County 8 representing Emergency Management and Dub has done a 9 fantastic job. 10 Another thing that we did is we established 11 Veterans Service office. We did that on the basis that 12 they would be able to increase the amount of funds 13 received by Veterans sufficient to pay for the -- that 14 office. I think that that has occurred. So we've done 15 that. 16 East Kerr Center Point Wastewater System. 17 Jonathan and Bill Williams began that. Jonathan and I 18 helped implement it or in effect push it through. It's 19 going -- it's probably two-thirds finished. Now, 20 according to the money that we have spent, which is a 21 fantastic accomplishment. 22 Passed something that hadn't happened. 23 Never. Alcoholic beverage sales in Precinct 2, which I 24 think is a big deal. Okay. Took a long time. Many 25 starts and stops to get that done. 151 1 Built a $15 million jail improvement and 2 expansion. Enabled the residents of Kerr County to 3 enjoy the benefits of the library from the City at no 4 charge. No cost to them. Worked with -- long and hard 5 with the Airport Board getting that revenue neutral so 6 we're not contributing a couple hundred thousand dollars 7 a year to that. 8 And thanks primarily to the Judge and 9 Jonathan establishing the PDO. I think that's going to 10 be a big, big money saver. And some smaller things is 11 we've put playground equipment in the -- at parks. Two 12 parks in -- so I think there's been a lot accomplished 13 over those eight years, and I think sometime it pays to 14 just reflect on that. 15 There's a few things -- there are many 16 things left to do. But a minor thing, which I think is 17 important that I hope Beck can help accomplish this, and 18 that's get the pathway from Veterans Hospital down to 19 the -- down to the lake complete. That's not a big 20 deal. I think it's about $30,000.00 from the County to 21 do that. But then connect that in working with the City 22 so that the Veterans can then access river trail. And 23 that would be -- that would be a big accomplishment. So 24 that's kind of small, but it's still I think extremely 25 important. 152 1 And the other thing is continue to push with 2 the City and TxDOT on an alternate route for River Hills 3 Boulevard to eliminate that -- or reduce greatly that 4 traffic through that community for the dedicated road 5 between Highway 16 and Highway 173. 6 So with those still major challenges left, 7 so appreciate the work of the Court in doing all these 8 things. It wasn't me, it was the whole Court doing 9 them. 10 COMMISSIONER HARRIS: Commissioner Moser, 11 your fingerprints were all over those accomplishments 12 and those endeavors that are still going on and 13 something to be very proud of. I appreciate your 14 service. And I wish you the best in your future 15 endeavors. 16 COMMISSIONER MOSER: Retirement again. 17 COMMISSIONER LETZ: The first and the second 18 retirement. 19 COMMISSIONER MOSER: Third. 20 COMMISSIONER LETZ: Third? Okay. But Tom, 21 you know I greatly appreciate working with you. I 22 enjoyed it. We got a lot accomplished together. Spent 23 a lot of time recently here on the wastewater project. 24 Far more of that project ended up being a lot more work 25 than it seemed when we first started the thing some 15 153 1 years ago, ten years ago. 2 COMMISSIONER MOSER: 15, yeah. 3 COMMISSIONER LETZ: But anyway, good luck. 4 Really enjoyed working with you. Been a lot of fun. 5 COMMISSIONER MOSER: Thank you. 6 COMMISSIONER BELEW: Well, I learned a lot 7 from you from the beginning. And starting with the 8 campaign. And then the major decisions. I'll stick 9 with the important stuff and put the other stuff back. 10 And you might get back to it later but we gotta do the 11 important stuff first. I appreciate that. 12 And I want to tell you, sitting next to this 13 guy and hearing his comments under his breath has been 14 really entertaining. And I'm going to -- Beck has a lot 15 to live up to if he's going to come up to Tom Moser 16 standard. 17 COMMISSIONER MOSER: I do that because I 18 know the County Attorney's looking at me and we're not 19 supposed to have those sidebar discussions. 20 COMMISSIONER BELEW: We've had some pretty 21 good jokes so -- and I really appreciate you as a man. 22 COMMISSIONER MOSER: Thank you. Thank you. 23 JUDGE KELLY: I know we've got a couple 24 people in the audience that wanted to speak. I know 25 we've got Mark Mosier and the Sheriff is going to say 154 1 something at some point. 2 MR. MOSIER: Mark Mosier, representing 3 myself and the Kerrville/Kerr County Airport Board. And 4 words cannot express our gratitude as an airport. You 5 know, you mentioned revenue neutral, but what you don't 6 know is the airport was costing our taxpayers about a 7 half million dollars a year about the time Tom stepped 8 into the leadership position, along with some other 9 strong leaders. 10 And so with that five million to date at 11 least saved. So I appreciate that. But it wasn't just 12 about money. It was about setting the standard. I 13 mean, I would have had a lot harder job right now if it 14 wasn't for people like Tom Moser at the time. So I 15 greatly appreciate that. 16 And I don't know if I should thank you or 17 blame you, but I met Tom about ten years ago and that's 18 why I'm standing here. He sucked me into it. So as a 19 friend and I believe the airport would thank you. And 20 one thing I've learned about you, Tom, is you never do 21 anything halfway. You don't have an auto pilot or 22 cruise control button at all. And when you do finish a 23 project, you're looking for another one. Just bird 24 dogging it down. And if somebody can't help you, just 25 get out of your way. So you are a finisher. You love 155 1 to say mission accomplished and I appreciate that about 2 you. Thank you for what you've done and thank you for 3 what you're going to do. 4 COMMISSIONER MOSER: Thank you, Mark. 5 Appreciate it. 6 SHERIFF LEITHA: I have a small token of 7 appreciation, a plaque on behalf of the Kerr County 8 Sheriff's Office. I'd like to come take a picture with 9 you. 10 But first of all, as my Commissioner, you 11 know, I didn't get a chance to work with you other than 12 about eight months, but I know you have over eight years 13 of service. I just want to say I appreciate that. And 14 I know it's a tough job as elected official. I know we 15 never make everybody happy. You know, we have to make 16 some tough decisions and y'all have -- I've told you 17 that y'all have a tougher job than I do. Appreciate 18 what you do. And we hope we see you around, 19 Commissioner. 20 COMMISSIONER MOSER: Thank you. I don't 21 know this thing about tougher job, but -- 22 SHERIFF LEITHA: Right here. To honor you 23 for your service as Kerr County Commissioner Precinct 2, 24 presented to Tom Moser in sincere gratitude of over 25 eight years of guidance and outstanding leadership 156 1 you've provided to the citizens of Kerr County. We, the 2 members of the Kerr County Sheriff's Office, present 3 this to you in recognition of many years of sacrifice 4 and service. 5 COMMISSIONER MOSER: Thank you. 6 SHERIFF LEITHA: Congratulations. 7 COMMISSIONER MOSER: Thank you. 8 JUDGE KELLY: Then we'll move on to item 9 1.43, which is consider, discuss and take appropriate 10 action to authorize painting and installing security 11 doors for the property located at 550 Earl Garrett. 12 COMMISSIONER LETZ: Yeah, and I'm not 13 positive this has to be on the agenda. We've talked 14 about a lot of these improvements. But kind of a little 15 bit of an update as to where we are. We were going to 16 talk about putting the flooring in right now and 17 painting. The doors came up also, the things that we 18 needed to do are some security doors. 19 I got with Shane, I got with John Bull, the 20 Auditor, County Attorney. And I don't want to -- and 21 John doesn't want to wait to move in there for us to go 22 out for bids, delay this another two months. He's 23 comfortable moving in as-is almost. So our goal -- 24 COMMISSIONER BELEW: How much are you 25 thinking? 157 1 COMMISSIONER LETZ: All those together would 2 be about $75,000. The biggest portion of that or almost 3 50,000 of that is for new flooring. I think we need to 4 do it, but it can be done next year if he's comfortable 5 and let's do it once they're moved in. It will be a 6 little bit of an inconvenience but that's just the way 7 it's going to be. 8 COMMISSIONER BELEW: Sounds like the 9 security doors would be more important than anything. 10 COMMISSIONER LETZ: Well, they're -- they're 11 going in pretty quick. Security doors are internal to 12 keep people from being able to access. Each of the 13 corridors or halls will be blocked off at each end, 14 so -- and then the painting, I've already pretty much -- 15 you know, Shane has lined it up. They're going to start 16 tomorrow. 17 They're going to go talk to John. And if he 18 doesn't have any problem with it, they're going to go 19 ahead and have basic 24 access to that building to get 20 the job done as soon as possible. The idea is that both 21 of these items approve, the flooring will come back next 22 year as a budget item and the goal is to have them then 23 be -- the PDO into that building as close as we can to 24 September 1st. And it'll maybe -- be probably that week 25 sometime. Vanessa is working on moving furniture up 158 1 from Medina. We also have some local furniture that 2 will move into that building but we want to get this 3 done. 4 Met with Bruce last week with John and his 5 staff and they figured out exactly where they want the 6 phones dropped and that's being done right now too. 7 So anyway. These two items, we've talked about them. 8 I'm not sure we ever approved them. It's not really in 9 Shane's budget. So I thought it would be safe for us 10 just to go ahead and approve the two items that are 11 at -- one of them is for the new security doors, which 12 is $15,180, and then for the painting is $18,480. I'll 13 make a motion to approve those two items. 14 COMMISSIONER BELEW: Does this come out of 15 grant money or where does it come out of? 16 COMMISSIONER LETZ: It comes out of the -- 17 Tanya, what do you -- 18 MS. SHELTON: It's the capital improvement. 19 COMMISSIONER BELEW: Okay. 20 COMMISSIONER LETZ: It comes out of the 21 money that we have left over, set aside for that 22 building. 23 JUDGE KELLY: Okay. Did we get a motion and 24 a second? 25 MRS. DOWDY: Yes. 159 1 JUDGE KELLY: Any discussion? Those in 2 favor raise your hand. Unanimous, five zero. 3 And then 1.44 consider, discuss and take 4 appropriate action to approve the contract with 5 RingCentral for telephone services for the Hill Country 6 Regional Public Defender's Office located at 550 Earl 7 Garrett. 8 MRS. STEBBINS: I can speak to this if you'd 9 like for me to. 10 JUDGE KELLY: Yes. 11 MRS. STEBBINS: I worked with Vanessa to get 12 the right terms in this agreement for government 13 entities, and it's -- I've approved it. 14 COMMISSIONER LETZ: Okay. I'll make a 15 motion to approve the phone system as recommended. 16 JUDGE KELLY: Okay. Second? 17 COMMISSIONER HARRIS: Second. 18 JUDGE KELLY: Motion was made by 19 Commissioner Letz, seconded by Commissioner Harris to 20 approve the HCRPDO contract with RingCentral. Any 21 discussion? 22 COMMISSIONER LETZ: Just a quick comment. 23 It's a system that has a lot of bells and whistles. And 24 I think Bruce is going to be looking at it really 25 closely to see how it actually works. If it works the 160 1 way it's been told and they say and they've tested it. 2 And it may be something we want to apply to other areas 3 of the County. 4 COMMISSIONER BELEW: This is the system. 5 Who's the servicer? 6 MR. MOTHERAL: RingCentral. It's complete. 7 COMMISSIONER BELEW: They do all of it? 8 MR. MOTHERAL: Yep. 9 COMMISSIONER BELEW: Okay. 10 COMMISSIONER LETZ: But with your phones and 11 you can transfer and it can forward -- it's a pretty 12 neat system. So they're happy with it. 13 JUDGE KELLY: Okay. Any other discussion? 14 Those in favor raise your hand. Five zero. 15 Okay. Before we get to the Approval Agenda 16 and the Information Agenda and Executive Session, let's 17 take about a five minute break. And I need to get 18 clarified on some things. 19 (Recess.) 20 JUDGE KELLY: Court will come back to order. 21 What we're going to do is it turns out that Beck Gipson 22 did get his bond. He went over and shook the tree until 23 it fell out. So we're going to do the swearing in 24 anyway. But we'll do that right before we go into 25 Executive Session. 161 1 At this time, I'm going to go back and pick 2 up the Approval Agenda 2.1, which is to pay the bills. 3 MS. SHELTON: Invoices for today's 4 consideration: $598,840.58. 5 COMMISSIONER MOSER: Move for approval. 6 COMMISSIONER LETZ: Second. 7 JUDGE KELLY: Motion's been made my 8 Commissioner Moser, seconded by Commissioner Letz to pay 9 the bills as presented. Any discussion? Those in favor 10 raise your hand. Unanimous, five zero. 11 2.2 budget amendments. 12 MR. ROBLES: Yes. We have nine. These are 13 line item transfers within the department. Road & 14 Bridge, non-departmental, county jail, 198th District 15 Court, parks maintenance, Sheriff, Animal Control, 16 Indigent Services, and Ag Extension Office. 17 COMMISSIONER HARRIS: I move for approval. 18 COMMISSIONER LETZ: Second. 19 JUDGE KELLY: Motion's been made by 20 Commissioner Harris, seconded by Commissioner Letz to 21 approve the budget amendments as presented. Those in 22 favor raise your hand. Unanimous, five zero. 23 2.3 late bills. 24 MS. SHELTON: Yes. There were $3,600.00 in 25 invoices to be approved. 162 1 COMMISSIONER HARRIS: Move for approval. 2 COMMISSIONER BELEW: Second. 3 JUDGE KELLY: Motion's made by Commissioner 4 Harris, seconded by Commissioner Belew to approve the 5 late bills as presented. Those in favor raise your 6 hand. Unanimous, five zero. 7 2.4 Auditor reports. 8 MRS. SHELTON: Yes. The Auditor's Office 9 performed internal audits for Justices of the Peace, 10 Precinct 3 and 4, the Treasurer, and Animal Control. We 11 are requesting that you accept the report. 12 COMMISSIONER LETZ: Move for approval. 13 COMMISSIONER HARRIS: Second. 14 JUDGE KELLY: Motion by Commissioner Letz, 15 second by Commissioner Harris to approve the Auditor 16 reports as presented. Any discussion? Those in favor 17 raise your hand. Unanimous, five zero. 18 2.5 accept monthly reports. 19 COMMISSIONER HARRIS: Yes. Third quarter 20 investment report for April to June 2021, County 21 Treasurer Tracy Soldan. July 2021 monthly reports, 22 County Treasurer Tracy Soldan, Constable Precinct 2 Kyle 23 Schneider, Precinct 3 Paul Gonzales. Animal Control 24 Services Director Reagan Givens. Fines, judgments, jury 25 fees collected, J.P. 1 Mitzi French. I move for 163 1 approval. 2 COMMISSIONER LETZ: Second. 3 COMMISSIONER BELEW: Second. 4 COMMISSIONER LETZ: Third. 5 JUDGE KELLY: Motion by Commissioner Harris, 6 second by Commissioner Belew to approve the monthly 7 reports as presented. Any discussion? Those in favor 8 raise your hand. Unanimous, five zero. 9 2.6 court orders. 10 COMMISSIONER LETZ: We have court orders 11 from August 9th, 38844 through 38875. We have court 12 orders from August 16th. 38876 through 38878. And also 13 court orders from our August 18th meeting, 38879 through 14 38883. 15 There are some recommended changes. I have 16 on court order 38880, this is related to our paid time 17 off. I recommend we add language to that and receive 18 court order 38834. It's a little bit confusing. There 19 was another one, we did pass it. We never approved the 20 court order for the previous action we took, but we did 21 take action in the Court for that previous court order. 22 So I think we need to be real clear that we're 23 rescinding that previous court order. 24 Another on 38881. This is related to we 25 made an addendum to the compensation salary 164 1 recommendations, and I added the language here, which 2 added an employee that was inadvertently left off of the 3 previous court order. All we did was just add one 4 employee to that new one. 5 And then on court order 38882, it's related 6 to the hiring of a new Ag Extension agent. And the 7 agenda item is listed, but the actual motion was not on 8 the court order that was sent out. So we added the -- 9 that language which is approve hiring Justin Klinksiek 10 as the new Kerr County Ag Extension agent and his salary 11 would be determined by the Texas Agricultural Extension 12 Office. So with those changes, I move for approval. 13 COMMISSIONER HARRIS: Second. 14 JUDGE KELLY: Motion's by Commissioner Letz, 15 seconded by Commissioner Harris to approve the court 16 orders as modified and presented. Any discussion? 17 Those in favor raise your hand. Unanimous, five zero. 18 Moving on to Information Agenda 3.1 status 19 reports from Department Heads. 20 3.2 status reports from Elected Officials. 21 3.3 status reports from Liaison 22 Commissioners. 23 Okay. With that, what I'm going to do is 24 we're going to go back to Item 1.39 and go through 25 1.42 -- or 1.41 with regard to the new Commissioner. 165 1 And then I'm going to end and go back to Item 1.5, which 2 are the -- the bid that we got on the grant 3 administration. And then we'll go into Executive 4 Session after that. So just to give you an idea of what 5 we're going to do. 6 So if we take care of the ceremony of 7 getting our new commissioner sworn in, and then we're 8 going to get ready to go into Executive Session and 9 finish out our grant administration. 10 So with that, let me go ahead and call Item 11 1.39, which is consider, discuss and take appropriate 12 action to appoint an individual to fulfill the unexpired 13 term for Commissioner Precinct 2 being vacated by 14 Commissioner Moser. 15 I made -- I issued a press release that I'm 16 appointing Beck Gipson. I think he's the right man at 17 the right time. One of the things that I'm looking at 18 is we've got a lot of work to do between now and 19 November 2022. And with a heavy field and a lot of 20 enthusiasm in that race, I figured whoever actually is 21 running for that job is going to be pretty occupied with 22 their campaign more than trying to do the work of this 23 Court. And that's the reason that I have appointed 24 Beck. 25 I've known Beck for 30 years. Something 166 1 like that. In fact, I can remember I met him when he 2 was an expert witness on the other side of a lawsuit. 3 That's how far we go back. 4 But Beck has an outstanding skill set to 5 bring to the table to help us. He's probably the go-to 6 person in Kerr County with regard to real estate 7 appraiser and -- and he's been an appraiser for, I don't 8 know, 40 -- 40 plus years. Let's just say that. 9 And one of my favorite stories about Beck is 10 when my late wife died and she wanted me to put that old 11 historic house that we had over there on Water Street 12 into the hands of a family that would love it as much as 13 she did. And I didn't know exactly how to do that. And 14 so I hired the most trusted appraiser that I knew, Beck 15 Gipson, and asked him to appraise my house with the 16 understanding that I was going to sell it for exactly 17 what his appraisal was. Not a penny less and not a 18 penny more. And did not list the property with a 19 broker. I took his appraisal. And the people around 20 town -- and a lot of people were interested in that old 21 historic house. 22 And I interviewed families for about two 23 months. And I would give them a copy of his appraisal 24 and tell them that's what I'm going to sell it for. Not 25 a penny more, not a penny less. And most of them tried 167 1 to negotiate with me. It was non-negotiable. Beck said 2 it. It was. That was it. And then finally Jay 3 Henderson -- Jay is our attorney on the opioid 4 litigation, they came in with her mother and they fell 5 in love with the house, and that's who we sold it to and 6 that family is still there, happy in the house, and I 7 sold it for exactly what he told me to sell it for. 8 COMMISSIONER HARRIS: Good story. 9 JUDGE KELLY: So with that, I'll go on to 10 Item 1.40, which is consider, discuss and take 11 appropriate action to approve the bond for the newly 12 appointed Precinct 2 Commissioner, which by the way, I 13 had to get him out of the courthouse, run down the 14 street to the insurance to get it and he's back and so 15 we have him. And I'll move that we approve the bond. 16 COMMISSIONER MOSER: Second. 17 JUDGE KELLY: Those in favor raise your 18 hand. Unanimous. 19 Now we go to Item 1.41, and this is where we 20 actually administer the oath of office. I'll have to 21 get those from the clerk and step down here. And Beck, 22 if you would, identify who you have with you. 23 MR. GIPSON: I have my daughter, Krista 24 Roberts. 25 JUDGE KELLY: And your family Bible. 168 1 MR. GIPSON: It's in your office. 2 JUDGE KELLY: Okay. 3 (Off the record.) 4 JUDGE KELLY: I am proud to do this, Beck. 5 If you would, please raise your right hand. 6 (Thomas Beck Gipson was sworn in.) 7 JUDGE KELLY: Congratulations. 8 COMMISSIONER MOSER: Get up here, please. 9 Now you get to vote. 10 (Applause.) 11 MR. MOSER: Bye. 12 JUDGE KELLY: Congratulations. 13 COMMISSIONER GIPSON: Thank you. 14 JUDGE KELLY: You're now officially 15 Commissioner of Precinct 2. 16 COMMISSIONER GIPSON: All right. 17 (Applause.) 18 JUDGE KELLY: We've got paperwork you've got 19 to sign before you get away. Now I forgot to tell you 20 the most important thing about Beck is his father wrote 21 Old Yeller. Believe it or not. 22 MR. REEVES: One question, please. 40 years 23 I've had to work with him professionally. Do I have to 24 be nice to him now? 25 JUDGE KELLY: He's an important official 169 1 now. 2 COMMISSIONER REEVES: I know. 3 JUDGE KELLY: Okay. What we're going to do 4 is -- Tanya, did you get a copy of the -- 5 MS. SHELTON: Yes, Callie has that. 6 JUDGE KELLY: Callie, do you have them? 7 MRS. GARGANO: I do. 8 JUDGE KELLY: Let me go ahead and call 1.5 9 again. And just to let you know when I read this off, 10 I'll tell you what we're really doing. 11 1.5 is to consider, discuss and take 12 appropriate action to select administration project 13 delivery service provider to complete project 14 implementation for the American Rescue Plan Act funding 15 administrated by the Federal Government. 16 What we're doing, this is the selection of 17 our -- the grant administrator for our ARPA funds, which 18 we have $10.2 million that has been awarded to us in the 19 American Rescue plan. And it's a very complicated 20 process to do all these things and so we're hiring a 21 grant administrator to do that. 22 And we put it out for public bid and we 23 got -- the bid deadline was last Friday at 1:00. And we 24 met and scored the -- we got two bids. Met and scored 25 them. And that's -- that's the item that we need to 170 1 talk about in Executive Session. Because of the opinion 2 that we got from the County Attorney that -- as it 3 relates to Item 1.5 on today's agenda, an open -- open 4 meeting would be detrimental to the Court's negotiation 5 on that. 6 So with that, we are going to -- I need to 7 announce who the bids were. And Callie, if you could go 8 ahead and do that for us. Don't tell us amounts, we'll 9 talk about that later. 10 MS. GARGANO: Absolutely. We received two 11 bids from Langford Community Management Services and 12 GrantWorks. 13 JUDGE KELLY: And so with that, we're going 14 to adjourn into Executive Session and come back 15 afterwards. And Commissioner Moser, you're welcome to 16 stay with us. Don't go. 17 COMMISSIONER MOSER: Okay. 18 (Executive Session.) 19 JUDGE KELLY: We're now back in open 20 session, and the next item on the agenda is for 5.1, 21 action as may be required on matters discussed in 22 Executive Session. 23 I will make a motion. We reviewed the bids 24 from Langford and from GrantWorks, and I will make a 25 motion that we accept the proposal from GrantWorks in 171 1 the amount of $408,640.00, which represents four percent 2 of the contract. 3 COMMISSIONER BELEW: Second. 4 JUDGE KELLY: We have a motion and a second. 5 Any discussion? Those in favor raise your hand. 6 Unanimous, five zero. We hire GrantWorks as our grant 7 administrator. 8 And just as a closing anecdote, when I was 9 at the community leadership conference last Thursday 10 morning to see how we're doing on our COVID situation, 11 when they called me to report were the County was, I 12 told them we were scoring -- we already sent out the 13 request for proposals on the grant administration. 14 Because if you recall some people have talked in the 15 paper that we better get this done quickly. Well it's 16 done. 17 But I reported that we were -- we had 18 already submitted the RFP's, that we were going to open 19 them at one o'clock the next day, last Friday, and score 20 them, and had it on the agenda for Monday. And I turned 21 around and Cory Edmondson was sitting right behind me, 22 and he said wow. And I said well, I apologize for how 23 slow county government moves. He said that's the 24 fastest I've ever seen a county move, so -- we now 25 officially have our grant administrator, and we will 172 1 start working on these ARPA funds. 2 So with that, we're adjourned. 3 * * * * * * 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 173 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 11th day of September, A.D. 10 2021. 11 12 /s/DEBRA ELLEN GIFFORD Certified Shorthand Reporter 13 No. 953 Expiration Date 04/30/2023 14 * * * * * * 15 16 17 18 19 20 21 22 23 24 25