1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Regular Session 5 Monday, September 27, 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 T. BECK GIPSON, Commissioner Precinct 2 JONATHAN LETZ, Commissioner Precinct 3 25 DON HARRIS, Commissioner Precinct 4 2 1 I-N-D-E-X 2 NO. PAGE 3 *** Public Input. 7 4 *** Commissioner's Comments. 10 5 1.3 Presentation on behalf of the CIP, Capital 12 Improvement Planning Committee, to explain 6 the need for a West Kerr County annex to the Commissioners' Court and the public. 7 1.1 Consider, discuss and take appropriate 19 8 action to approve and adopt the District Clerk's civil filing fees for October 1, 9 2021 through December 31, 2021 as presented. 10 1.2 Consider, discuss and take appropriate 20 action to set a Public Hearing on October 11 12, 2021 at 10 a.m. regarding the District Clerk's Archival Plan GC Section 51.317 12 for remainder 2021 calendar year, October 1, 2021 thru December 31, 2021. 13 1.4 Consider, discuss and take appropriate 22 14 action regarding update, facility use and other matters related to the COVID-19 Delta 15 variant, including hospitalization numbers and capacity. 16 1.5 Consider, discuss and take appropriate 26 17 action on request to dedicate a bench at Flat Rock Park. Bench to be purchased by 18 Ms. Burton. 19 1.6 Consider, discuss, and take appropriate 29 action to authorize an Interlocal Agreement, 20 ILA, between Kerr County and the Upper Guadalupe River Authority, UGRA, for Water 21 Quality Protection through Feral Hog Management. 22 1.7 Consider, discuss and take appropriate 30 23 action on request from Nancy Parkhurst for the county to provide newly vaccinated 24 individuals with a $100 HEB gift card as an incentive to get the vaccine. 25 3 1 I-N-D-E-X 2 NO. PAGE 3 1.8 Consider, discuss and take appropriate 33 action regarding contract with Republic 4 Services. 5 1.9 Consider, discuss and take appropriate 36 action to declare various equipment items 6 for Constable Precinct #3 as surplus. 7 1.10 Consider, discuss and take appropriate 41 action to renew the 2022 Workers Compensation 8 Renewal Questionnaire, and have Judge sign the same. 9 1.11 Consider, discuss and take appropriate 42 10 action to approve varies departmental job descriptions due to necessary revisions. 11 1.12 Consider, discuss and take appropriate 43 12 action to confirm the reappointment of Tanya Shelton as the Kerr County Auditor. 13 1.13 Consider, discuss and take appropriate 45 14 action to nominate up to five(5) persons to the Kerr Central Appraisal District 15 Board of Directors for 2022-2023. 16 1.23 Consider, discuss, and take appropriate 46 action to approve contract with GrantWorks 17 for administrative services related to the American Rescue Plan Act(ARPA) Grant. 18 1.24 Consider, discuss and take appropriate 48 19 action to approve contract with GrantWorks for administrative consultant services 20 related to the FEMA Hazardous Mitigation Assistance(HMA) Program. 21 1.25 Consider, discuss and take appropriate 49 22 action to set budget for grant awarded to Kerr County for the Hill Country Regional 23 Public Defender's Office. 24 25 4 1 I-N-D-E-X 2 NO. PAGE 3 1.14 Consider, discuss and take appropriate 50 action for the Commissioners' Court to set 4 a Public Hearing regarding the installation of two Stop Signs on Holly Dr. N. and Box S 5 Dr. N., and Wood Duck Ln. N. and Box S Dr. N. 6 1.15 Public Hearing for revision of plat for 52 Spicer Ranch No. 3, Lot 16 W3-R, Plat File 7 #17-02753. 8 1.16 Consider, discuss and take appropriate 52 action for the Court to set a Public Hearing 9 for 10 a.m. on November 8, 2021 for a revision of plat, Montebello Estates Section 10 2, Lot 31, Volume 4, Page 101. 11 1.17 Consider, discuss and take appropriate 53 action for the Court to set a Public Hearing 12 for 10 a.m. on November 8, 2021 for a revision of plat for Kerrville Hills Ranch 13 Estates No. 1, Lot 27, Volume 3, Page 74. 14 1.18 Consider, discuss and take appropriate 55 action for the Court to set a Public Hearing 15 for 10 a.m. on November 8, 2021 for a revision of plat for Greenwood Forest Section 16 7, Phase 2, Block 18, Lots 20-21, Volume 5, Page 151. 17 1.19 Consider, discuss and take appropriate 57 18 action for the Court to approve a final plat for People's State Bank, pending approval 19 from TxDOT. 20 1.20 Consider, discuss and take appropriate 59 action for the Court to rescind Court Order 21 No. 37909, which approved a final plat for Tortuga Arroyo Estates, and information and 22 discussion of a subdivision known as Tortuga Arroyo Estates. 23 1.21 Information and discussion for a proposed 62 24 subdivision known as The Hideout Ranch. 25 1.22 Information and discussion for a potential 64 subdivision referred to as Vintage Oaks Ranch. 5 1 I-N-D-E-X 2 NO. PAGE 3 1.27 Consider, discuss and take appropriate 67 action to reappoint James Wood and Tim 4 Hutchton as Board Members on the Emergency Services District #1(ESD #1) for an additional 5 two-year term. Current terms expire 9/30/21. 6 1.28 Consider, discuss and take appropriate 68 action on requests from appointed and 7 elected officials to appoint clerks and assistants for their offices pursuant to 8 Local Government Code Chapter 151. 9 1.29 Consider, discuss and take appropriate 69 action to designate a day of the week on 10 which the Court shall convene in regular term for FY 21/22 pursuant to Local Government 11 Code Section 81.005. 12 1.30 Consider, discuss and take appropriate 70 action to approve Second Amendment to 13 Professional Services Agreement between Kerr County and Peter Lewis Architect + 14 Associates. 15 1.26 Presentation of the Texas Department of 72 Agriculture Form A1024 CDBG, Community 16 Development Block Grant, Section 3 Program Goals Presentation for TxCDBG Project 17 7217045, 7218045 and 7218055. 18 2.1 Pay Bills. 73 19 2.2 Budget Amendments. 73 20 2.4 Auditor Reports. 74 21 2.5 Accept Monthly Reports. 74 22 2.6 Court Orders. 74 23 3.1 Status Reports from Department Heads. 75 24 3.2 Status Reports from Elected Officials. 76 25 3.3 Status Reports from Liaison Commissioners. 79 6 1 I-N-D-E-X 2 NO. PAGE 3 *** Adjournment. 85 4 *** Reporter's Certificate. 86 5 * * * * * * 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 7 1 JUDGE KELLY: Good morning. It's Monday, 2 September 27th, 2021 at 9 o'clock and Kerr County Court 3 is now in session. If you would, please stand for the 4 prayer and pledge. Pray with me. 5 (Prayer and Pledge of Allegiance.) 6 JUDGE KELLY: Please be seated. I want to 7 remind everyone, if you would turn your phones to 8 vibrate so we don't -- we try to prevent any 9 interruptions in the court proceedings. 10 For the first item on our agenda always is 11 to invite public input. Is there anyone in the public 12 that would like to address the Court? This is an 13 opportunity for you to address the court. We don't 14 respond. Input only. But it is a chance for us to hear 15 the concerns of the public. So is there someone out 16 there, Sheriff? 17 SHERIFF LEITHA: Yes. Yes, sir. 18 JUDGE KELLY: Okay. And we will ask that 19 you limit your remarks to three minutes, identify 20 yourself and your address so that we know which Precinct 21 you're in. There's a form that you fill out and I think 22 that's what they're doing out there is filling out the 23 form so I introduce them. But -- 24 COMMISSIONER BELEW: Some of us write 25 slower. I write slow. 8 1 JUDGE KELLY: Okay. Ms. Deininger. Did I 2 say it right? 3 MS. DEININGER: Yes, you did. Thank you 4 very much. 5 JUDGE KELLY: Please state your name and 6 address. 7 MS. DEININGER: Susan Deininger, 103 8 Turnberry Circle, here in Kerrville. 9 JUDGE KELLY: Thank you. 10 MS. DEININGER: Judge Kelly, Commissioners, 11 thank you very much, gentlemen. You're a body of 12 authority and power in our community and you are elected 13 to use your power on behalf of our citizens. This 14 request to give our money to a company that will benefit 15 by giving gift cards to citizens taking COVID 16 vaccinations is a situation which I feel does require to 17 hear voices be heard. 18 First, if the shot is good then getting the 19 shot should be its own reward. It should be. We are 20 protected against COVID. Why would you have to be 21 bribed. It's obvious how deadly COVID is. About one 22 percent of the population who get it die. Surviving is 23 its own reward; however, that's not the case. You can 24 get COVID from the shot or you can get COVID even though 25 you had the shot. And now you need not one booster, but 9 1 two boosters. 2 It's medically recognized with their own 3 immunities to Covid are boosted 27 percent by having the 4 disorder, the disease, and only 20 percent by getting 5 the shot. And getting the shot on top of having had the 6 illness, does not give you 40 percent -- 47 percent 7 resistance but may give you the illness again. 8 Looking at the poison center for information 9 regarding vaccine ingredients, you find that the 10 formaldehyde formalin is in it, it's a highly toxic 11 carcinogen. The benophyl peolactone is a toxic chemical 12 and carcinogen that can cause death or permanent damage 13 through very short exposure to small quantities. 14 There are 15 damaging ingredients in the 15 vaccine, the variance to the different vaccines. And 16 that's not including the genetic materials that are in 17 there releasing proteins in your cells. 18 Gentlemen, our country is under attack from 19 every direction. Relevant to this discussion, our 20 economic situation is becoming very serious, with 21 inflation running at least 13 percent the last I heard. 22 We need for you to think very carefully about where you 23 spend our money. 24 Regarding COVID, you could become vocal 25 advocates of closing our border to COVID carriers. You 10 1 could be supportive of the recognized USDA approved use 2 of ivermectin or hydroxychloroquine as effective 3 prophylactics or early treatment of COVID. You could be 4 a pro supporter of those with underlying illnesses who 5 are afraid of the disease, getting the shot, and taking 6 other precautions like staying home. When you see the 7 government officials out hobnobbing with no masks, no 8 distancing, how can you maintain your seriousness in 9 fear of this illness? 10 nothing that has happened right now appears 11 to have the benefit of the ordinary citizen in mind. We 12 ask that you think of us as you decide whether to spend 13 our money, giving it to one company to promote the 14 inoculation of this highly questionable vaccine. 15 Facts about them keep morphing each day and 16 each week. Please do not bribe or punish people for 17 saying their bodies are theirs and they want to make the 18 decisions regarding them. Thank you very much. 19 JUDGE KELLY: And that was exactly three 20 minutes. Right on time. Very good. 21 Next on the Agenda are Commissioners 22 Comments. Do we have any comments from Precinct 1? 23 COMMISSIONER BELEW: No. Had an accident 24 out on Highway 16 this morning past the S-curve. Headed 25 south from town. And just remind everybody to be 11 1 careful and watch out. Cyclists on the road. We've had 2 two cyclists killed in the Houston area this weekend, 3 four hospitalized. So just been careful on the road. 4 A lot of trash, too. That's my addendum to 5 that. A lot of trash on the road. Cut the crap, folks. 6 Stop it. It's not funny. 7 JUDGE KELLY: Precinct 2. 8 COMMISSIONER GIPSON: On the advice of the 9 Center Point Fire Department, I initiated the burn ban 10 for Precinct 2 this week. 11 JUDGE KELLY: Burn ban on? 12 COMMISSIONER GIPSON: Uh-huh. 13 COMMISSIONER BELEW: I did, too. How's that 14 feel? A sense of power? 15 COMMISSIONER GIPSON: Jody did it. 16 (Laughter.) 17 JUDGE KELLY: Precinct 3? 18 COMMISSIONER LETZ: Hopefully the forecast 19 is correct and we'll get rain this week. 20 COMMISSIONER HARRIS: I hope so. Saturday 21 night I went to the event center for the stock show 22 fundraiser and that was good. A good turnout that 23 raised lots of money. I don't know what the totals 24 were, but it was a good turnout. 25 Another thing that will occur before we have 12 1 our next commissioners court is the Mountain Home 2 Volunteer Fire Department fundraiser October 9th. 3 Saturday, October 9th. So I would encourage everybody 4 to come out there and support your volunteers. So 5 that's it. 6 COMMISSIONER LETZ: One more thing, Judge. 7 The 4-H wild game dinner is this coming Saturday. So 8 support it and hopefully everyone can attend that. 9 JUDGE KELLY: Very good. We've got a busy 10 agenda this morning. I'm going to start with Item 1.3 11 and I -- I've got -- my District Clerk has to get out to 12 do jury selection so we've got to kind of expedite this, 13 but I want to -- at this time I'm going to call the 14 presentation on behalf of the capital improvement 15 planning committee to explain the need for the West Kerr 16 County annex as Commissioners' Court and the public. 17 Bobby Templeton. 18 MR. TEMPLETON: Okay. Thank you very much. 19 So we've talked several times at the committee. We've 20 brought you information. I won't go into the whole 21 committee structure. You guys should know that. But to 22 give you a little bit of context on what we're doing 23 today, myself and fellow committee members are going to 24 be meeting with you -- 25 JUDGE KELLY: Introduce your committee 13 1 members that are here. 2 MR. TEMPLETON: Okay. Pete Calderon, right 3 here. Very smart guy. Brenda Hughes. Chris Hughes, no 4 relation. Everybody knows this guy right here, right? 5 He's -- he's -- I'm not even going to say his name, he 6 needs no introduction. (Fred Henneke.) Right there. 7 JUDGE KELLY: And Bobby, we're going to ask 8 you to go to the podium so the people at home can see 9 you on YouTube. 10 MR. TEMPLETON: Okay. So let me grab my 11 stuff here. 12 JUDGE KELLY: Okay. 13 MR. TEMPLETON: And our architect is Peter 14 Lewis right there. So to give you a little bit of 15 context, what we are going to be doing with the public, 16 what we're going to be doing with the Commissioners' 17 Court is every so often we are going to be bringing you 18 little snippets of information. 19 Our projects are broken down into rough -- 20 into five projects. And so, the first thing that we're 21 going to talk about today or the only thing that we're 22 going to talk about today, I should say, is the West 23 Kerr Annex. 24 So I have for you, we're going to talk just 25 briefly about it. But what I have here are a few 14 1 handouts. This is a draft. Haven't got the approval of 2 a committee yet so -- but I wanted you to see it. What 3 it's going to do is it's going to give just a little bit 4 of information regarding the project that we are doing. 5 As you can see, the project is -- or the 6 annex used to be an animal -- I don't think it was a 7 slaughter house, but it was some kind of Animal Control 8 facility and it looks like it. Very small -- not ADA 9 compliant under any circumstances. 10 There's only four parking places out front. 11 And if you turn the pictures over, you will be able to 12 see kind of what we're talking about. And what is best 13 way to do this for YouTube, Judge. 14 COMMISSIONER BELEW: Hold it up right in 15 front of you. 16 MR. TEMPLETON: Okay. 17 JUDGE KELLY: You can hold them up. 18 MR. TEMPLETON: Okay. So that would 19 probably be the best way to do it. But you know, a 20 picture speaks a thousand words. And if you will look 21 at the pictures on the very back, I'm going to walk you 22 through exactly what the citizens of Kerr County and our 23 annex deal with. 24 So if you'll look at the first picture, 25 which would be your upper left, that is the courtroom. 15 1 Kind of some antique folding chairs. The next picture, 2 which I think is absolutely beautiful, is the security 3 system there. 4 So what you have, in case you can't see it, 5 is a coat hangar that actually wires the door closed. 6 The next one is the IT room. And I think Brenda has 7 some better pictures there. 8 MRS. HUGHES: Extra locking mechanism up 9 there. 10 MR. TEMPLETON: So let's -- let's go kind of 11 quick, Brenda. What have you got next and I'll go 12 through that. 13 MRS. HUGHES: Okay. We have the lobby, and 14 their storage. 15 MR. TEMPLETON: So that is the storage 16 system for tax records, vehicle records, whatever we 17 have at West Kerr at the time. That is the storage 18 facility out there. Next picture we have, I think is a 19 real beauty here. 20 MRS. HUGHES: Am I holding it right? 21 MR. TEMPLETON: Yes, you are holding it 22 right. 23 MRS. HUGHES: Okay. This is the bathroom. 24 MR. TEMPLETON: So if you look at the 25 right-hand side, that is the telephone system. 16 1 MRS. HUGHES: And the phone system. 2 MR. TEMPLETON: And it is directly across 3 from the only toilet. 4 MRS. HUGHES: Eight officers share this 5 space, and this is their evidence. Officers. Evidence. 6 MR. TEMPLETON: And then, do you have a 7 picture of the break room, Brenda? 8 MRS. HUGHES: They don't have a break room. 9 MR. TEMPLETON: Okay. So -- 10 JUDGE KELLY: That's the lower right. 11 MR. TEMPLETON: The lower -- lower corner 12 picture is the employees' break room. And it seems like 13 a joke but it is not. So our strong and our best 14 recommendation is that we need a new county annex. It 15 not only serves West Kerr County, but it serves 16 everybody who wants to go out there. And it is very 17 busy. 18 So where do we go from here. The County has 19 purchased some land on Highway 39, right across from 20 Ingram Tom Moore High School, that would be a very 21 suitable place to build a new county annex. What would 22 that look like? It would be very simple. It wouldn't 23 be ornate at all. It would be highly functional. 24 And this does not necessarily look like what 25 it would be, but this is one of Peter's renderings on 17 1 what it theoretically could be. And I'll bring this up 2 a little bit closer so you guys can see it. 3 Again, nothing fancy, it's just functional. 4 And it's something that I think would serve the citizens 5 of Kerr County far better than an old Animal Control 6 facility that literally -- 7 MRS. HUGHES: That we're paying rent for. 8 MR. TEMPLETON: -- that is falling down. 9 Economically, we don't feel like it would be a burden in 10 any way. We are paying a fairly sizable rent for a 11 facility that is probably not up to the standards of the 12 citizens of Kerr County. So our -- our recommendation 13 for this project would be to, you know, move toward with 14 whatever we need to do to get a new one. Questions 15 anyone? 16 JUDGE KELLY: So that everybody knows, this 17 is part of an awareness program that the CIP is doing to 18 make the citizens of the county aware of what our 19 capital improvement needs are. 20 MR. TEMPLETON: And one thing I don't know 21 is how long that annex has been there. Fred, do you 22 know, Judge Henneke, former Judge Henneke? 23 MR. HENNEKE: At least 22 years. 24 MR. TEMPLETON: Okay. So it was there when 25 he was there. So it's -- it's time to -- to serve the 18 1 people of Kerr County in that area a little bit better. 2 COMMISSIONER LETZ: I'll make a note. When 3 we put it out there originally, it was a bit of an 4 experiment to see how it would work, if it would be 5 used, and I think the long term intent was always to -- 6 if it did work to do exactly what we're doing right new. 7 It has worked very, very well. It's been used by 8 citizens all over the County. Especially on the western 9 edge, of course, but also the City of Kerrville as 10 taxpayers use it as well. 11 MR. TEMPLETON: So we feel like there's two 12 barriers to this being used right now in addition to its 13 current facility. In interviewing Judge Ragsdale, the 14 two barriers are A, it's very hard to find. There's not 15 good signage. It's in a -- kind of an odd place. Some 16 people go out there and they can't find it. 17 And B, there's only four parking spots. So 18 they kind of have to -- like voting and those kind of 19 things, they really have to take over another parking 20 lot and it's just very difficult to get in and out of. 21 We feel like, to your -- your words, Jonathan, it would 22 actually be used more, much more, were it a little bit 23 more visible and usable. 24 COMMISSIONER HARRIS: Sure. There's a lot 25 of people out in West Kerr that just don't want to come 19 1 all the way to the courthouse. And so it is utilized as 2 much as it can, but they deserve better. 3 MR. TEMPLETON: We feel like it. We 4 absolutely feel like it. You guys have anything else to 5 add? 6 JUDGE KELLY: Thank you all for coming down. 7 We really appreciate it this. 8 MR. TEMPLETON: Thank you. 9 JUDGE KELLY: And they'll be back next month 10 showing you another need. 11 Let's go to Agenda Item 1.1 consider, 12 discuss and take appropriate action to approve and adopt 13 the District Clerk's civil filing fee for October 1, 14 2021 through December 31, 2021. Miss Lantz. 15 MRS. LANTZ: Good morning, Judge and 16 Commissioners. This is just a temporary -- just to get 17 us through to the end of the year because we're going to 18 have new filing fees starting January with the new 19 legislature going into effect. So with that going into 20 effect, some of our fees we're going to change and so 21 this is just to get us through to the end of the year. 22 And in two weeks I'll bring you back our new filing fee 23 plan starting January. 24 COMMISSIONER LETZ: So these are effective 25 from October 1 through December 31? 20 1 MRS. LANTZ: December 31st, uh-huh. 2 COMMISSIONER LETZ: Move for approval. 3 COMMISSIONER BELEW: Second. 4 JUDGE KELLY: Motion's been made by 5 Commissioner Letz, seconded by Commissioner Belew to 6 approve the fee schedule for the District Clerk's office 7 as presented. Any discussion? Those in favor raise 8 your hand. Unanimous, five zero. 9 Let's go quickly to Item 1.2 consider, 10 discuss and take appropriate action to set a Public 11 Hearing on October 12, 2021 at 10 a.m. regarding the 12 District Clerk's Archival Plan GC -- and that's the 13 Government Code? 14 MRS. LANTZ: Yes, sir. 15 JUDGE KELLY: Section 51.317 for the 16 remainder of 2021 calendar year. 17 MRS. LANTZ: Again, this is going to change 18 January 1st. The District Clerk's office will no longer 19 be required to do an archival plan because that archival 20 fee will be no longer. It'll be consolidated into a 21 preservation fee, along with our technology fee. So 22 instead of us charging $10 for the preservation in 23 Fund 33 and then another 10 for Fund 44, we're going to 24 have one consolidated fee that we charge $30 for, for 25 records preservation and our IT technology. 21 1 JUDGE KELLY: But we have to set it for 2 Public Hearing? 3 MRS. LANTZ: Yes. And that's -- I just 4 wanted to give you an overview why it was on that short 5 period of time that we needed approval for it. 6 COMMISSIONER BELEW: This says consider, 7 discuss and take appropriate action to set Public 8 Hearing on October the 12th, not for October 12th. 9 JUDGE KELLY: Right. We're not doing the 10 meeting today. 11 COMMISSIONER BELEW: I know. We're going to 12 do that meeting on -- and that is a -- that's on a 13 Tuesday, that's not during a regular meeting. 14 MRS. LANTZ: Well, Monday is a holiday. 15 COMMISSIONER BELEW: Ma'am? 16 MRS. LANTZ: Monday is a holiday. 17 COMMISSIONER BELEW: I know. I'm saying at 18 10 a.m. It's going to be different though, so everybody 19 knows that it's going to be on Tuesday. That's all. 20 JUDGE KELLY: But our regular -- that's what 21 our Commissioners' Court meeting would be in October, 22 the first one. 23 COMMISSIONER LETZ: Move for approval. 24 COMMISSIONER BELEW: Second. 25 JUDGE KELLY: We have a motion by 22 1 Commissioner Letz, seconded by Commissioner Belew to 2 approve the public meeting for October 12th for the 3 District Clerk's office archival plan. Any discussion? 4 Those in favor raise your hand. Unanimous, five-O. 5 MRS. LANTZ: Thank you. I appreciate you 6 getting me early. 7 JUDGE KELLY: Thank you. Appreciate it. 8 Okay. Let's move on to Item 1.4, which is 9 another 9 o'clock item, and that is to consider, discuss 10 and take appropriate action regarding the update, 11 facility use and other matters related to COVID-19 Delta 12 variant, including hospitalization numbers and capacity. 13 Dub. 14 MR. THOMAS: Good morning, Judge. 15 JUDGE KELLY: How we doing? 16 MR. THOMAS: Good morning, Commissioners. 17 We're doing a lot better. So I'll start off the top and 18 talk about it actually, the data, and I'll work down 19 through the numbers like I do every week. 20 The number of vaccinated so far in Kerr 21 County has been 20,100. Total number of vaccines 22 administered, 45,709. People vaccinated with one dose, 23 25,700. People fully vaccinated were 22,340. 24 Vaccinations by age, these are fully 25 vaccinated people, ages 12 to 15, 564; 16 to 49, 6,760; 23 1 50 to 64, 5,610; 65 to 79 has been 6,923; 80 and up -- 2 excuse me -- 2,478 folks have been vaccinated. Unknown 3 ages -- I don't know how you have an unknown age, but 4 anyway there's five listed for that. 5 Percentage vaccinations, 12 and up, 55.81 6 have had one -- percent have had one dose; 12 and up, 7 48.58 are fully vaccinated; 65 and up, 70.26 percent 8 have had their initial dose; 65 and up, 63.66 percent 9 are fully vaccinated. 10 From the DSHS dashboard, our active numbers 11 as of yesterday were 266 active; recovered is 5,691; and 12 unfortunately, they're showing 115 people have been 13 deceased. Peterson Regional Hospitalization, I don't 14 get any updates from Peterson over the weekend. So for 15 Friday, September the 24th, we had 22 COVID patients in 16 Peterson Regional Hospital, six of those were in ICU, 17 three were on ventilators, three were on bypass, and 18 five of those have been fully vac -- five of the 22 have 19 been fully vaccinated. 20 RMOC data, that data continues to drop just 21 like our hospitalization numbers continue to drop. RMOC 22 numbers were 795 or 13 percent of the hospital occupancy 23 capacity for the TSA Region P, which is our trauma 24 service area. And 28 counties we encompass. 25 On September 22nd, FDA extended the 24 1 emergency use authorization on Pfizer to include a third 2 dose for certain people. The CDC director has endorsed 3 that recommendation for a third dose of Pfizer to the 4 following groups: Individuals 65 years of age or older; 5 individuals 18 through 64 years of age at a high risk of 6 severe COVID-19; individuals 18 through 64 years of age 7 who's institutionalized or occupational exposure to SARS 8 COVID II puts them at high risk for serious 9 complications. 10 The additional dose should be administered 11 only to individuals who were originally vaccinated with 12 Pfizer. If you had Moderna or Johnson & Johnson, you 13 can't get the Pfizer. And at least six months after the 14 second dose. So implementation of that third dose 15 rollout is going to be information will be coming out on 16 that pretty soon, I think, from the CDC as well as DSHS. 17 COMMISSIONER LETZ: Dub, has there ever been 18 any information about why the Moderna and the Johnson & 19 Johnson that they're not doing any kind of boosters or 20 not -- I mean, just that it works better and they're not 21 doing it or -- 22 COMMISSIONER GIPSON: They -- yeah, they're 23 working on it. They get -- they're not in the approval 24 stage. 25 COMMISSIONER LETZ: You know, I don't 25 1 hear -- in the news, I don't hear anything about it. 2 JUDGE KELLY: There's some chatter about it. 3 MR. THOMAS: The last information I had was 4 on the Moderna and that there is -- they're studying it 5 but it's not -- it's not been approved for emergency use 6 authorization yet. 7 COMMISSIONER LETZ: I've heard that the 8 Moderna was working a lot better and so they weren't 9 doing it or going to do it, a booster. But I just 10 wondering if there's anything official what you're 11 hearing. 12 MR. THOMAS: I think it just depends on 13 which -- which news station you listen to or which 14 website you go to. 15 COMMISSIONER HARRIS: Dub, is it just 16 assumed now that we're dealing with the Delta variant? 17 Because I know we don't test for it but -- 18 MR. THOMAS: I think you're still dealing 19 with both variants. 20 COMMISSIONER HARRIS: Okay. Well, I just 21 don't -- you know, in -- in the agenda item, it says the 22 COVID Delta variant, so -- 23 MR. THOMAS: Delta's the variant of the -- 24 COMMISSIONER HARRIS: Variant of the week? 25 MR. THOMAS: Variant of the week. Yes, sir. 26 1 COMMISSIONER HARRIS: Yeah. 2 JUDGE KELLY: Any other questions for Dub? 3 Thank you. 4 MR. THOMAS: Yes, sir. Y'all have a great 5 day. 6 JUDGE KELLY: You too. Let's go down to 1.5 7 consider, discuss and take appropriate action on the 8 request to dedicate a bench at Flat Rock Park. Bench to 9 be purchased by Ms. Burton. Shawn Burton? Anybody here 10 today? I don't know anything about it. 11 COMMISSIONER GIPSON: She requested -- I 12 mean like my first day here, had called and requested 13 this item. And I didn't know exactly how to work it. 14 And it was advised to have her contact head of 15 maintenance, Shane Evans. And he called me and talked 16 like there was something in progress, but I didn't read 17 this item until last night. And I really don't have 18 anything -- 19 JUDGE KELLY: Shane, do you have anything to 20 report on? 21 MR. EVANS: She was wanting to put a bench 22 like the one that's currently there now, and I told her 23 that she -- that is something that I couldn't authorize 24 and it would need to be done through Commissioners' 25 Court, which she contacted Jody. And then looking for 27 1 y'all's review. 2 COMMISSIONER LETZ: I think, I mean -- this 3 has been an ongoing concern about people donating things 4 to the County for their personal reasons. And I'm 5 generally against it. Because then we get stuck with 6 the maintenance of it, which means the taxpayers get 7 stuck with the maintenance of it. 8 We have things that don't match. See -- and 9 so, you know, I don't -- I thought we had a policy about 10 it. But Jody looked, and we probably never had -- never 11 could get to a point of having a policy. But, you know, 12 I just overall am not real in favor of items like this. 13 Trees, I'm much more supportive or interested in. But 14 it's -- things -- 15 COMMISSIONER BELEW: How about a canon? 16 COMMISSIONER LETZ: Canons, bird houses, 17 we've got -- because all of them have been donated and I 18 think I voted against most of them. 19 COMMISSIONER GIPSON: There's one like out 20 there already but she wants to do -- 21 COMMISSIONER BELEW: For a person. 22 COMMISSIONER GIPSON: Yes. 23 MR. EVANS: She also had mentioned that she 24 would like -- it was a dedication for her two dogs and 25 not for -- like the person that we did it with as far as 28 1 a deceased family member. This is for her deceased -- 2 or one nearly deceased pet. 3 COMMISSIONER HARRIS: One and one older. 4 COMMISSIONER LETZ: I think she -- at a 5 minimum, we need to have specifications, drawings, 6 exactly what she's talking about. And then I'll 7 probably still vote against it. 8 COMMISSIONER HARRIS: Yeah. It just adds 9 more maintenance and -- something else for the 10 maintenance to weed eat around and what have you. 11 COMMISSIONER BELEW: Well, for the record, 12 I'm not against them all looking different. I mean, 13 that just adds to the variety that we have in the Hill 14 Country. But they need to be stable, supported properly 15 so nobody gets hurt on them. Made out of something 16 that's durable. 17 COMMISSIONER HARRIS: Well, when it comes to 18 dogs, I -- maybe a wall or something they can -- at 19 their expense that they can put their names on it. 20 COMMISSIONER BELEW: Well, that's what the 21 trees are for. 22 JUDGE KELLY: We don't have a motion on the 23 floor. We've spent a lot of time talking about 24 something that we don't even have a motion. Is there a 25 motion? Okay. Then that fails for lack of a motion. 29 1 Let's move on to Item 1.6 consider, discuss, 2 and take appropriate action to authorize an Interlocal 3 Agreement between Kerr County and the Upper Guadalupe 4 River Authority for Water Quality Protection for the 5 Feral Hog Management. Tara Bushnoe. 6 MS. BUSHNOE: Good morning, Judge, 7 Commissioners. This has been a partnership between Kerr 8 County and UGRA, I think our first Interlocal Agreement 9 was December 2017, to work together for feral hog 10 management. 11 So the Interlocal Agreement primarily 12 provides for a way for UGRA to reimburse the County for 13 a portion of the bounties on feral hogs, as well as some 14 of the software costs associated with the traps that 15 have a new wireless gate system. And then, you know, 16 just continuing to collaborate on having the traps that 17 either UGRA or the County owns being put on private land 18 owner property for their use to -- for feral hog 19 management. So we appreciate continued partnership with 20 the County on feral hog management and would like to see 21 this continue. 22 COMMISSIONER HARRIS: I move for approval. 23 COMMISSIONER GIPSON: Second. 24 JUDGE KELLY: Okay. Motion's been made by 25 Commissioner Harris, seconded by Commissioner Gibson to 30 1 continue the Interlocal Agreement with UGRA. Any 2 discussion? 3 COMMISSIONER LETZ: Good program. Who -- 4 who's not in favor of this? 5 COMMISSIONER HARRIS: Right. It's a good 6 program and a good joint venture so I support it. 7 JUDGE KELLY: Those in favor raise your 8 hand. Unanimous, five zero. 9 MS. BUSHNOE: Thank y'all very much. 10 COMMISSIONER LETZ: And thanks to the Board. 11 MS. BUSHNOE: You bet. Thank you. 12 JUDGE KELLY: Item 1.7 consider, discuss and 13 take appropriate action on request from Nancy Parkhurst 14 for the County to provide newly vaccinated individuals 15 with a $100 HEB gift card as incentive to get the 16 vaccine. Ms. Parkhurst is here. Would you like to 17 address this? 18 MS. PARKHURST: Yes. I'll give you my 19 feelings on this. Good morning, gentlemen. I'm here 20 today to talk about the vaccination rate in Kerr County. 21 I'm interested in the vaccination rate because of my 22 cousin, Bill Brody, who died of COVID-19 on January 21, 23 2021, before the vaccine was available. 24 He was a Viet Nam Marine who lost his leg. 25 His entire life he was active in the cattle industry. 31 1 He was the founder of the All American Beef Battalion 2 Foundation. His foundation has now served steak dinners 3 to 400,000 veterans. And in honor of Bill, I want to 4 increase the vaccination rate in Kerr County so no other 5 families have to suffer from a loved one dying of COVID. 6 We have a solution to fight COVID. We have 7 to increase the vaccination rate. Currently, Kerr 8 County's fully vaccinated is 48 percent. I'm hopeful by 9 using a $100 HEB gift card as an incentive, we can 10 increase our vaccination rates quickly. This program 11 has been used in Houston successfully, and is soon 12 starting in San Antonio. 13 If we work hard right now, we can have an 14 impact before Thanksgiving and Christmas season begin. 15 The holiday season usually causes an upward spike in 16 cases. If we work hard on vaccinations, we could slow 17 down the virus. This is an urgent situation. We want 18 to spare our Peterson Hospital from happening to ration 19 care. We do not want to become a Utah, an Idaho or a 20 Mississippi. 21 My estimate is for every 1,000 people 22 vaccinated, it will increase our rate by two percent. 23 So 2000 new shots would increase the rate by four 24 percent. The Commissioners' Court will decide on how 25 many cards would be given out and the locations in town. 32 1 This can be funded with federal funds already given to 2 Kerr County. 3 I have an HEB contact information if you 4 decide to do this and the program. I personally think 5 the HEB card is a practical solution, but if you want to 6 use another incentive, that is fine. Thank you for your 7 time and I hope I have inspired you to support a 8 vaccination incentive program to save Kerr County lives 9 and the Peterson Hospital. We don't want go down that 10 road that we see on TV. 11 I had a friend in Fredericksburg who was 12 just very lucky the other day when she showed up with 13 her husband sick. He needed ICU. Two minutes before he 14 showed up, they life flighted a guy out of there and so 15 he got to have an ICU bed. And that was two weeks ago. 16 So I take it for real that we really don't want this 17 happening in Kerrville. 18 And I just -- I wish people would be more 19 serious about getting the vaccination rate up. San 20 Antonio is at 70 percent. And we just need to try 21 harder so we don't have sick people. 22 It really upset me the other day when I saw 23 a lady in Ingram, a young that's in ICU on an ECMO 24 machine in San Antonio, that's had to give -- she's 25 pregnant. She gave birth. And now she's in very bad 33 1 shape. So I -- I just don't want other families to go 2 through it. And the only way we can do it is to fight 3 this virus. 4 Anyway, I appreciate you guys talking about 5 it and I hope we can come up with some kind of 6 incentive. 7 JUDGE KELLY: Thank you, Ms. Parkhurst. 8 MS. PARKHURST: Thank you. 9 JUDGE KELLY: Any discussion? Any motions? 10 There being no motion, then the item fails for lack of a 11 motion. 12 And we'll move on to Item 1.8, which is 13 consider, discuss and take appropriate action regarding 14 contract with Republic Services. Shane Evans. 15 MR. EVANS: Good afternoon -- or good 16 morning, gentlemen. We present the contract as 17 presented. We are getting the floors laid on the -- 18 our services starting, oh shoot, on the 11th of 19 November. 20 COMMISSIONER LETZ: This is the same 21 contract, basically the same form? 22 MR. EVANS: Yes, sir. It is as it was 23 before. 24 COMMISSIONER LETZ: Have you -- 25 MRS. HURT: My understanding is that Heather 34 1 sent out an e-mail, what, September the 21st with one 2 recommended change I think in the terms and conditions. 3 Is that correct? 4 MS. JONES: Yes, ma'am. That change was 5 accepted and added. 6 MRS. HURT: Okay. 7 MS. JONES: Yes, ma'am. 8 MRS. HURT: That was the only input from our 9 office. 10 MS. JONES: May I say something before we 11 continue? 12 JUDGE KELLY: Sure. Sure. 13 MS. JONES: Sherri Jones, Territory 14 Executive for Republic Services. I've known many of you 15 for many years. I lived at 2126 Bluff Ridge Drive for 16 22 years, and recently moved to Boerne, trying to figure 17 out who I wanted to be as an adult, so -- 18 JUDGE KELLY: We're so sorry. 19 MS. JONES: Exactly. Thank you. I need it 20 all I can get. But I want to thank you all for allowing 21 me to speak to you for just a moment from my heart. 22 Over the last nine years, I've had the honor to work 23 with you and the County and your employees, and I cannot 24 thank Shane, and this is no bull, Shane has been a true 25 professional. He has worked with me closely to let me 35 1 know if there are any issues. We've worked closely to 2 make sure that those are resolved. 3 Jody in the office has been a joy and very 4 clear about what is needed, making my job easier. So we 5 want to thank you for your partnership. 6 I can tell you that right now, we have grown 7 since we started working with you from 20 employees 8 local. We all live here, we work here, we worship here, 9 and we raise our children here. And you are a big part 10 of that. So we are proud to work with you and sponsor. 11 I know that you had mentioned highway clean 12 up, you know, a lot of trash, and that is true. And 13 we've been a big part of doing highway clean up. So if 14 you don't mind, I'd love to visit with you or with Jody 15 after the meeting and discuss where we can be a partner 16 in doing that. 17 We work with the UGRA for highway clean up 18 and we would also like to work with you on that, too. 19 We take our partnership very seriously. I think you 20 know that in our community and in our County, readily 21 available great job opportunities are not always there. 22 So what you do is very important. And I thank you for 23 that. 24 I presented this to Shane, and we worked 25 together on making sure that we stay within, you know, a 36 1 good market value on what you're paying for and the 2 services that we provide. So thank you very much. 3 And I would love to answer any questions if 4 you have any for me. 5 COMMISSIONER HARRIS: Shane, we get that 6 worked out with the extension out there, what they -- 7 they needed? 8 MR. EVANS: Yes. We did. 9 COMMISSIONER HARRIS: Okay. Very good. 10 MR. EVANS: We did. 11 COMMISSIONER LETZ: I move for approval. 12 COMMISSIONER HARRIS: Second. 13 JUDGE KELLY: Motion by Commissioner Letz, 14 seconded by Commissioner Harris to approve the contract 15 with Republic Services. Any discussion? Those in favor 16 raise your hand. Unanimous, five zero. 17 MS. JONES: Thank you. Thank you very much. 18 JUDGE KELLY: Item 1.9 consider, discuss and 19 take appropriate action to declare various items -- 20 various equipment items for Constable Precinct 3 as 21 surplus. 22 MR. ROBLES: Mr. Gonzales was not able to 23 make it this morning and asked me to present this item 24 for him. It's basically two rifle scopes that are being 25 surplused. We had a bid on them from a company called 37 1 Clean Shot Armory. And he doesn't have any need for 2 them. 3 COMMISSIONER LETZ: I guess my question is 4 from -- no problem surplusing them. Can we surplus them 5 and get rid of them this way or do we have to put them 6 in some sort of an auction? 7 MR. ROBLES: I don't think we have to bid on 8 something like this. 9 COMMISSIONER LETZ: Usually we put them 10 on -- 11 MR. ROBLES: GovDeals. 12 COMMISSIONER LETZ: -- GovDeals, something 13 like that. When we put, you know, a bunch of them at 14 once or something like that. And I just want to make 15 sure we're doing this in the proper way. I've never 16 seen this just go straight to a vendor. 17 COMMISSIONER HARRIS: That was my question, 18 too. 19 MRS. HURT: I kind of agree with Mr. Letz 20 there. 21 COMMISSIONER BELEW: Yeah. It would be the 22 safe bet. 23 MR. ROBLES: Okay. 24 COMMISSIONER BELEW: Right. 25 COMMISSIONER LETZ: Put it up for auction. 38 1 So put it on GovDeals at some point. 2 MR. ROBLES: I'll let him know. 3 JUDGE KELLY: Just have him notify the 4 prospective purchaser that -- 5 MR. ROBLES: Okay. 6 JUDGE KELLY: -- we're going to put it on 7 GovDeals and they go -- go on this online and they bid 8 right there. 9 MR. ROBLES: Okay. 10 JUDGE KELLY: It's just -- it's just a 11 different route. But -- 12 COMMISSIONER LETZ: And I'll mention to him 13 or you can, you might get with -- I don't know, do y'all 14 do a lot, or Kelly does it quite a bit, the GovDeals? I 15 don't know what -- 16 MR. ROBLES: Kelly has more experience than 17 we do, actually. 18 MS. HOFFER: It's been a while but -- 19 COMMISSIONER HARRIS: Does that key that or 20 could it be a -- there's like different gun auctions 21 online as well, if that would be appropriate for us. 22 COMMISSIONER BELEW: That's still a legal 23 question. 24 COMMISSIONER LETZ: Yeah. It needs to get 25 on some sort of an auction format, I believe. 39 1 MRS. HURT: Yeah. 2 JUDGE KELLY: I mean, GovDeals is safe. 3 That's -- that's proven. 4 MR. ROBLES: Okay. 5 JUDGE KELLY: Just notify those purchasers 6 and they can buy them right off the internet. 7 COMMISSIONER LETZ: I'll make a motion that 8 the items be surplused and then -- then surplused in the 9 proper way. 10 COMMISSIONER BELEW: Second. 11 COMMISSIONER LETZ: Disposed of in the 12 proper way, that's better. 13 JUDGE KELLY: We got a motion by 14 Commissioner Letz, seconded by Commissioner Belew to 15 surplus the rifle scopes and submit them on 16 GovDeals.com. Any discussion? Those in favor raise 17 your hand. Five zero, unanimous. 18 COMMISSIONER BELEW: I would like to know if 19 it's -- if it's okay, label it and put it on a website 20 or to dispense with surplus another way. 21 MRS. HURT: I will get back with you on 22 that. I think my recollection, and it's been a little 23 bit and I haven't finished my coffee yet so we're not 24 going to be roaming to legal. 25 COMMISSIONER BELEW: I don't mean right 40 1 now -- 2 MRS. HURT: Sure. 3 COMMISSIONER BELEW: -- but if we can be 4 advised for future -- 5 MRS. HURT: Absolutely. 6 COMMISSIONER BELEW: -- because this comes 7 up a good bit. 8 MRS. HURT: Absolutely. 9 MR. ROBLES: I think we can give it to 10 another government -- or you can put it on a competitive 11 website. 12 MRS. HURT: There's certain places that they 13 say that you're supposed to post and -- and bid. I -- I 14 don't think we're necessarily limited to Gov but -- 15 JUDGE KELLY: No, but it's preapproved. 16 COMMISSIONER LETZ: But they're safe. 17 MRS. HURT: Exactly. 18 JUDGE KELLY: We know we can do that. 19 MRS. HURT: Exactly. 20 COMMISSIONER BELEW: But we can do that if 21 we have a list of five of them and one is more 22 appropriate to the surplus. 23 MRS. HURT: I think we -- 24 COMMISSIONER HARRIS: People looking for 25 these type items, it might bring more toward one of the 41 1 others rather than GovDeals. Heck, I might buy it off 2 GovDeals. 3 JUDGE KELLY: Okay. Let's move on Item 1.10 4 consider, discuss and take appropriate action to renew 5 the 2022 Workers Compensation Renewal Questionnaire. 6 Miss Doss. 7 MRS. DOSS: Yes. Good morning. This is 8 just an annual workers comp insurance renewal and I'm 9 asking for y'all to approve it. 10 COMMISSIONER LETZ: And she asked me if this 11 comes to Court usually. I'm not sure if it does or 12 doesn't, but it doesn't hurt to so. 13 JUDGE KELLY: I -- I don't remember the 14 questionnaire. 15 COMMISSIONER LETZ: So I'll move that we 16 approve the questionnaire as presented and authorize 17 submission to TAC. 18 COMMISSIONER BELEW: Second. 19 JUDGE KELLY: Motion by Commissioner Letz, 20 seconded by Commissioner Belew to approve the Workers 21 Compensation Renewal Questionnaire. Any discussion? 22 Those in favor raise your hand. Unanimous, five zero. 23 Item 1.11 consider, discuss and take 24 appropriate action to approve varies departmental 25 descriptions to necessary -- due to necessary revisions. 42 1 Miss Doss. 2 MRS. DOSS: Yes. Based along the salary 3 study and the some of the grade and steps and the grade 4 changes to jobs, I'm -- I have several job descriptions 5 to be updated, to be -- 6 COMMISSIONER BELEW: How many, Jennifer? 7 MRS. DOSS: Four. I can read them each if 8 you -- 9 COMMISSIONER BELEW: I'd like to know them. 10 MRS. DOSS: Sure. The Road & Bridge 11 administrative assistant position. That was a 17. The 12 Justice of the Peace position for J.P. 1 through 4 went 13 to a 19.5. The office assistant at the Sheriff's 14 department went to a 15. And the new Justice of the 15 Peace Court Clerk that they're going to share is a grade 16 15. And this is a new one. A new position. 17 COMMISSIONER LETZ: And so we're just 18 changing the step and grade on those? 19 MRS. DOSS: Yes. The only new one is the 20 part-time floating -- or not floating, the part-time 21 court clerk that the J.P. 1 and 3 are going to share. 22 That's the only new one. 23 COMMISSIONER LETZ: I'll make a motion that 24 we approve the new job description and the three that 25 were revised. 43 1 COMMISSIONER HARRIS: Second. 2 COMMISSIONER BELEW: Are they really new? 3 COMMISSIONER LETZ: One of them is new. 4 COMMISSIONER BELEW: One. 5 COMMISSIONER LETZ: And the other three were 6 revisions. 7 COMMISSIONER BELEW: Three revisions and one 8 new one. Yeah. 9 JUDGE KELLY: Motion by Commissioner Letz, 10 seconded by Commissioner Harris to approve the 11 departmental job descriptions due to necessary revisions 12 as presented. Any discussion? Those in favor raise 13 your hand. Unanimous, five zero. 14 MRS. DOSS: Thank you. 15 JUDGE KELLY: Thank you, Ms. Doss. 16 Item 1.12 consider, discuss and take 17 appropriate action to accept the reappointment of Tanya 18 Shelton as the Kerr County Auditor. Let me revise that. 19 This is just to confirm her reappointment by the 20 District Judges who have appointed her, and this is just 21 our ratification of that action. 22 COMMISSIONER LETZ: So move. 23 COMMISSIONER BELEW: Second. 24 JUDGE KELLY: Motion by Commissioner Letz, 25 second by Commissioner Belew to confirm the appointment, 44 1 reappointment, of Tanya Shelton as the Kerr County 2 Auditor. Any discussion? This is your chance to talk 3 about her. 4 COMMISSIONER BELEW: Yeah. She's doing a 5 great job. I think she's -- she explains things so 6 that I can understand. So that's -- that's pretty 7 important. 8 COMMISSIONER HARRIS: That's important. 9 COMMISSIONER BELEW: That's very important. 10 COMMISSIONER LETZ: She's doing a great job. 11 I agree. 12 JUDGE KELLY: So I need a motion and a 13 second. 14 COMMISSIONER LETZ: I think we made it. 15 JUDGE KELLY: Okay. Who made the motion and 16 seconded? 17 COMMISSIONER LETZ: I made the motion and he 18 made the second. 19 JUDGE KELLY: Those in favor raise your 20 hand. Five zero. That is a vote of confidence by the 21 way. 22 MRS. SHELTON: I appreciate it. 23 JUDGE KELLY: Item 1.13 consider, discuss 24 and take appropriate action to nominate up to five 25 persons to the Kerr Central Appraisal District Board of 45 1 Directors for '22 and '23. It's that time. 2 COMMISSIONER HARRIS: It's that time. Well, 3 I'm going to -- you want to do one and I'll do one? I 4 move to appoint Bruce Cartwright. 5 COMMISSIONER LETZ: Nominate. 6 COMMISSIONER HARRIS: Nominate. Yeah. 7 COMMISSIONER LETZ: And I think I would -- 8 we have two up there. We have two representatives there 9 that we've kind of supported. One's Eric Lantz and 10 one's Judy Webb Smith. And I have no problem with 11 recommending both of them. But another new one would be 12 Lary Priour, so we would be nominating a total of four. 13 And then we'll, in December, cast our votes. 14 And sometimes we generally can get one guaranteed slot, 15 and sometimes we'll work with other entities to get two 16 that we are happy with and that they're happy with. But 17 this is just a nomination at this point. 18 MRS. DOWDY: I have Bruce Cartwright, Eric 19 Lantz, Lary Priour, and who? 20 COMMISSIONER LETZ: Judy Webb Smith. 21 COMMISSIONER HARRIS: Judy Webb Smith. 22 JUDGE KELLY: So we have a motion by 23 Commissioner Letz, second by Commissioner Harris to 24 nominate -- put them together here. To nominate Bruce 25 Cartwright, Lary Priour, Eric Lantz, and Judy Webb Smith 46 1 as nominees for the Kerr County Appraisal District 2 Board. Any discussion? Those in favor raise your hand. 3 Five zero, unanimous. 4 Okay. We're actually ahead of schedule, 5 which is kind of rare. But let's move on through. I 6 can't call a 10 o'clock item because it's not 10 7 o'clock, so we'll have to go down to where we don't have 8 a timed item which would be item 1.23 consider, discuss, 9 and take appropriate action to approve contract with 10 GrantWorks for administrative services related to the 11 American Rescue Plan Act. Miss Shelton. 12 MRS. SHELTON: Yes. This is the contract 13 that was the outcome of our bid that we did for ARPA 14 Services with GrantWorks. The County Attorney has 15 reviewed the contract. 16 MRS. HURT: That's true. 17 JUDGE KELLY: Well, I move that we approve 18 the contract with GrantWorks. 19 COMMISSIONER GIPSON: Second. 20 JUDGE KELLY: So I made the motion, seconded 21 by Commissioner Gipson to approve the GrantWorks 22 contract for grant administrative services for the 23 American Rescue Plan Act. Any discussion? 24 COMMISSIONER LETZ: Question. On the -- we 25 will have them come down and probably do a workshop or 47 1 something to go through how this is all going to work 2 or -- 3 JUDGE KELLY: We can. Yeah. 4 MRS. SHELTON: Yes. And there -- there is 5 also -- they would like -- like set up meetings to where 6 they would inform us of what's going on periodically. 7 COMMISSIONER BELEW: Yeah. That's good. 8 MRS. SHELTON: To get us -- 9 COMMISSIONER LETZ: Hopefully, we'll have a 10 grant person pretty quick that can help us with this as 11 well. 12 JUDGE KELLY: Hopefully. But right now we 13 need to get the contract in place so that we can refer 14 people who want to apply for grants under the ARPA funds 15 that we have with the County. And they'll administer 16 that. 17 COMMISSIONER LETZ: Right. 18 JUDGE KELLY: And give direct 19 recommendations to us. 20 COMMISSIONER LETZ: Perfect. 21 JUDGE KELLY: Okay. Those in favor raise 22 your hand. Unanimous. Did you vote? 23 COMMISSIONER LETZ: Yeah. 24 JUDGE KELLY: Okay. Looking out of the 25 corner of my eye. Item 1.24 consider, discuss and take 48 1 appropriate action to approve the contract with 2 GrantWorks for administrative consultant services 3 related to the FEMA Hazardous Mitigation Assistance 4 program. This is a different grant. 5 MRS. SHELTON: This is a different grant. 6 And this did also go out for bid. And this is the 7 result of that bid. The County Attorney's Office has 8 reviewed this also. 9 COMMISSIONER BELEW: I'll move for approval. 10 COMMISSIONER GIPSON: I'll second. 11 JUDGE KELLY: Motion by Commissioner Belew, 12 second by Commissioner Gipson to approve GrantWorks for 13 the administrative consultant services contract for FEMA 14 Hazardous Mitigation Assistance Program. Any 15 discussion? Those in favor raise your hand. Unanimous, 16 five zero. 17 Item 1.25 consider, discuss and take 18 appropriate action to set budget for the grant awarded 19 to Kerr County for the Hill Country Regional Public 20 Defender's Office. Ms. Shelton. 21 MRS. SHELTON: Yes. We did receive the 22 grant from the TIDC. The grant award is $1,747,835.00. 23 The budget that you see in front of us was the one 24 presented to TIDC when we requested the grant. So this 25 is just formally that we did receive the grant, and this 49 1 is where -- how the money is going to be spent. 2 COMMISSIONER LETZ: Move for approval. 3 COMMISSIONER HARRIS: Second. 4 JUDGE KELLY: Okay. Motion by Commissioner 5 Letz, seconded by Commissioner Harris to approve the 6 Public Defender's Office grant from TIDC. 7 Just as a reminder, our first year grant 8 with TIDC to set up this five county Public Defender's 9 Office was two and a half million dollars. And we 10 didn't get started on it until January 1 of this year 11 and they have extended that, which is not our fiscal 12 year. And they've extended that and that is an 80/20 13 matching grant, which is a huge contribution from the 14 State after years of virtually nothing. 15 And so this is a sustaining grant, and it's 16 not an 80/20; it's a one-third/two-thirds. And they -- 17 and that reflects the budget for the Public Defender's 18 Office. But this is -- this one point almost -- yeah, 19 1.75 on top of a 2.5 is -- is a substantial significant 20 contribution from the State to help us fund the 21 attorneys that are providing for indigent defendants, so 22 I strongly recommend that we do it. 23 So with that, any other discussion? Those 24 in favor raise your hand. Unanimous, five zero. Okay, 25 let's go take a break and come back at 10 o'clock. 50 1 (Recess.) 2 JUDGE KELLY: Okay. Court will come back to 3 order. We're going to go to our ten o'clock docket. 4 We'll start with Item 1.14 consider, discuss and take 5 appropriate action for the Commissioners' Court to set a 6 Public Hearing regarding the installation of two Stop 7 Signs on Holly Drive North and Box S Drive North, and 8 Wood Duck Lane North and Box S Drive North, Precinct 1. 9 Miss Hoffer. 10 MS. HOFFER: A traffic study was conducted 11 on 8-9 of 2021 through 8-16, 2021 at the intersections 12 of Box S Drive North, Holly Drive North, and Wood Duck 13 Lane North in Precinct 1. Four traffic counter boxes 14 were placed at this intersection. The results are in 15 and the backup data that was submitted to the Court. 16 The County Engineer reviewed this data and 17 has made recommendations for a Stop Sign at Holly Drive 18 North, at Box S Drive North, and Wood Duck Lane North at 19 Box S Drive North. Box S Drive North is county 20 maintained from FM 783, which is Harper Road, to the 21 intersection of Holly Hill Drive North. 22 Box S Drive North and Holly Drive North are 23 county-maintained road. Wood Duck Lane North is a 24 privately maintained road, and Box S Drive North from 25 this intersection to the back of the road is presently 51 1 maintained. The proposed Stop Signs will be installed 2 in the county's right-of-way. Since the Stop Sign is a 3 regulatory sign and punishable by a fine, a Public 4 Hearing is required. 5 At this time, I ask the Commissioners' Court 6 to set a Public Hearing for Monday, November 8th, 2021 7 at 10 a.m. regarding the installation of two stop signs 8 at one intersection of Holly Drive North and Box S Drive 9 North, and Wood Duck Lane North at Box S Drive North. 10 And that's in Precinct 1. 11 COMMISSIONER BELEW: Move for approval. 12 COMMISSIONER HARRIS: Second. 13 JUDGE KELLY: We've got motion by 14 Commissioner Belew, second by Commissioner Harris to set 15 a Public Hearing for November the 8th for Stop Signs at 16 Holly Drive and Box S Drive. 17 MS. HOFFER: And Wood Duck Lane and 18 Box S Drive. 19 JUDGE KELLY: Right. Any discussion? Those 20 in favor raise your hand. Unanimous, five zero. 21 MS. HOFFER: Thank you. 22 JUDGE KELLY: Thanks, Kelly. 23 Item 1.15 Public Hearing for revision of 24 plat for Spicer Ranch No. 3, Lot 16 W3-R. 25 I convene the public meeting. Anybody here 52 1 from the public that would like to discuss Spicer Ranch 2 No. 3, Lot 16 W3-R? 3 There being no one, I'll adjourn the meeting 4 and we can go on to Item 1.16, which is consider, 5 discuss and take appropriate action for the Court to set 6 a Public Hearing for 10 a.m. on November 8th, for 7 revision of plat for Montebello Estates Section 2, Lot 8 31. 9 MR. HASTINGS: Thank you, Judge. This 10 proposal divides Lot 31, 6.51 acres, into two lots. Lot 11 31R1 will be 2.02 acres with frontage on Katy Lane and 12 Hidden Acres Road. Lot 31R2 will be 4.49 acres with 13 frontage on Katy Lane. 14 Both proposed lots are in the floodplain and 15 must meet requirements for development within the 16 floodplain. We did review our base level engineering 17 data that we've had for a year now. It is just an 18 estimator. It gives you an idea of where the floodplain 19 could be if you do a detailed study. It's not based on 20 a detailed study. It's based on estimated methods. 21 And the engineer that is developing this has 22 also done his own study and is defining the floodplain 23 through that detailed study. So when this does get 24 platted, it will be reflected -- the detailed study will 25 be reflected. And this difference is between the 53 1 estimated, the detailed and, of course, Zone A, which 2 was FEMA'S estimate from decades ago. 3 The County Engineer requests the Court set a 4 Public Hearing for 10 a.m. on November 8th, 2021 for a 5 revision of plat of Montebello Estates Section 2, Lot 6 31, Volume 4, Page 101, Precinct 2. 7 COMMISSIONER GIPSON: I move for approval. 8 COMMISSIONER BELEW: Second. 9 JUDGE KELLY: Motion by Commissioner Gipson, 10 seconded by Commissioner Belew to set a Public Hearing 11 for November 8 at 10 a.m. for revision of plat for 12 Montebello Estates Section 2, Lot 31. Any discussion? 13 COMMISSIONER LETZ: Only comment. When they 14 do the final one to use the terminology revision as 15 opposed to replat. 16 JUDGE KELLY: Okay. Those in favor raise 17 your hand. Unanimous. 18 Let's go on to Item 1.17 consider, discuss 19 and take appropriate action for the Court to set a 20 Public Hearing for 10 a.m. on November 8, 2021, for a 21 revision of plat for Kerrville Hills Ranch Estates 22 No. 1. Lot 27. Charlie Hastings. 23 MR. HASTINGS: This proposal divides Lot 27, 24 5 acres by existing plat, a little bit over five acres, 25 into two lots. 27A and 27B will each be 2.55 acres with 54 1 frontage on Loma Vuelta Road. It is in Kerrville's 2 extraterritorial jurisdiction and it will be platted 3 through both the City of Kerrville and Kerr County 4 simultaneously. 5 A previous request for the Court to waive 6 platting oversight and approval to the City of Kerrville 7 was denied because right-of-way dedication along Loma 8 Vuelta is needed. 9 The County Engineer requests the Court set a 10 Public Hearing for 10 a.m. on November 8th, 2021 for a 11 revision of plat for Kerrville Hills Ranch Estates No. 12 1, Lot 27, Volume 3, Page 74, Precinct 2. 13 COMMISSIONER GIPSON: I move for approval. 14 COMMISSIONER BELEW: Second. 15 JUDGE KELLY: Motion by Commissioner Gipson, 16 second by Commissioner Belew to approve a Public Hearing 17 for 10 a.m. on November 8, 2021 for revision of plat for 18 Kerrville Hills Ranch Estates No. 1, Lot 27. Any 19 questions? Discussion? 20 COMMISSIONER GIPSON: I would like to point 21 out that you might want the final plat to clean up that 22 location map. It's pretty -- at least to make sure that 23 it's -- so when it is filed you can see it better. Do 24 you understand what I'm talking about? This one right 25 here. (Indicating.) 55 1 MR. HASTINGS: Okay. Are you talking about 2 the vicinity map on there? 3 COMMISSIONER GIPSON: Yes. 4 MR. HASTINGS: Yes, sir. 5 COMMISSIONER GIPSON: Yeah, it's -- 6 MR. HASTINGS: I believe I've made that 7 comment already. And also the -- from the previous one, 8 that revision of plat, we'll make sure these get -- it's 9 taken care of for sure. 10 JUDGE KELLY: Any other questions? 11 Comments? Those in favor raise your hand. Unanimous, 12 five zero. 13 Item 1.18 consider, discuss and take 14 appropriate action for the Court to set a Public Hearing 15 from 10 a.m. on November 8th for a revision of plat for 16 Greenwood Forest Section 7, Phase 2, Block 18, Lots 20 17 to 21. Charlie Hastings. 18 MR. HASTINGS: This proposal adjusts the 19 line between Lot 20, which is currently .45 acres and 20 Lot 21, which is currently 0.53 acres. Lot 20R will be 21 .43 acres, it will go down a little bit. Lot 21R will 22 be 0.55 acres, it will go up a little bit. Both lots 23 will front Sherwood Lane. 24 These lots existed before current 25 regulations. It's -- again, this is settling a lot line 56 1 issue. I think a driveway or something like that got 2 built too close to the lot line and this is how they 3 want to resolve it. They do own both lots. 4 And the resultant -- and we'll still have a 5 lot that's less than half an acre, so that is an issue 6 with Environmental Health. They won't be able to sign 7 off on the plat unless directed so by the Court because 8 of the -- in order to have a septic system in the State 9 of Texas, you've got to have half an acre. So that is a 10 technicality. And the existing lot is less than half an 11 acre. 12 So all that to say, the County Engineer 13 requests the Court set a Public Hearing for 10 a.m. on 14 November the 8th, 2021 for a revision of plat for 15 Greenwood Forest Section 7, Phase 2, Block 18, Lots 20 16 and 21, Volume 5, Page 151, Precinct 4. 17 COMMISSIONER HARRIS: I move for approval. 18 COMMISSIONER LETZ: Second. 19 JUDGE KELLY: Motion by Commissioner Harris, 20 seconded by Commissioner Letz to set a Public Hearing 21 for November 8, for a revision of plat for Greenwood 22 Forest Section 7, Phase 2, Block 18, Lots 20 and 21. 23 Any discussion? 24 COMMISSIONER BELEW: Is that an Aqua Texas 25 water source out there, Charlie? 57 1 MR. HASTINGS: I believe it is Aqua Texas. 2 I'll have to go check -- double-check. I don't think we 3 have that on our checklist here. It is Aqua Texas. 4 Yes, sir. 5 JUDGE KELLY: Okay. There being no 6 questions or discussion, those in favor raise your hand. 7 Unanimous, five zero. 8 Item 1.19 consider, discuss and take 9 appropriate action for the Court to approve a final plat 10 for People's State Bank, pending approval from TxDOT. 11 Charlie Hastings. 12 MR. HASTINGS: This plat proposes one lot 13 (1.358 acres) and dedicates a right-of-way on Depot 14 Alley. It is not a residential lot; this is for 15 commercial. It fronts Depot Alley and State Highway 27 16 in Center Point. 17 Access to the proposed lot will be from 18 Depot Alley. Any access on Highway 27 would require 19 approval from TxDOT. We did get that resolved on 20 Thursday of last week. There is a note that has been 21 added to the mylar plat and you have a paper copy that 22 was produced before we could -- we couldn't get you the 23 revision in your hands, but the clerk has it in hers. 24 I've reviewed that note from TxDOT that says 25 that access will only be from Depot Alley, so it solves 58 1 an issue. That would be a horrible place to try to have 2 access off of 27. There's a lot going on right there at 3 the intersection of Depot Alley, crossing Highway 27 -- 4 there's just too much. 480, there's just too much going 5 on there. But the owners have no problem with that. 6 They want their access to be off of Depot Alley so it 7 will be safe for everybody. 8 So with all that, because it has been 9 resolved with TxDOT, that was the only outstanding issue 10 at the time that we wrote the agenda bill, the County 11 Engineer recommends the Court approve the final plat for 12 People's State Bank as it is in the Clerk's hands and as 13 it was resolved at TxDOT, Precinct 2. 14 COMMISSIONER GIPSON: I move for approval. 15 COMMISSIONER BELEW: Second. 16 JUDGE KELLY: Motion by Commissioner Gipson, 17 second by Commissioner Belew to approve the final plat 18 for People's State Bank. Any discussion? Questions? 19 Those in favor raise your hand. Five zero, unanimous. 20 Next is Item 1.20 consider, discuss and take 21 appropriate action for the Court to rescind Court Order 22 No. 37909, which approved a final plat for Tortuga 23 Arroyo Estates, and information and discussion of a 24 subdivision known as Tortuga Arroyo Estates, Precinct 1. 25 Charlie Hastings. 59 1 MR. HASTINGS: Thank you, Judge. A final 2 plat for this subdivision was approved and a performance 3 bond for the associated construction was accepted on 4 January 13th, 2020 by Order No. 37909. The subdivision 5 consisted of 8 lots and a private gated road 6 approximately 3,000 feet long. 7 Each lot was greater than 22 acres; however, 8 the developer did not file the plat with the County 9 Clerk's office and the property has been sold. Since 10 the new owner wishes to further develop the subdivision, 11 there is a request to rescind Court Order No. 37909, 12 which approved the plat previously and -- and then just 13 information and discussion about this new proposal. 14 This subdivision is now proposing 33 lots, 15 instead of eight. They are all greater than five acres. 16 I think the smallest one was 5.01 acres. And four 17 roads, totalling approximately 8200 feet, they're 18 proposing those roads be public. 19 County Engineer requests that the Court 20 rescind Court Order 37909, which approved the final plat 21 for Tortuga Arroyo Estates. And that's the only action 22 item we're asking for on this. Precinct 1. And of 23 course, it's open for any kind of discussion or 24 comments, or if you want to ask the developer anything 25 about what they're proposing to do here. 60 1 COMMISSIONER BELEW: All the streets are 2 going to be public? 3 UNIDENTIFIED SPEAKER: Yes, sir. 4 COMMISSIONER BELEW: I move for approval. 5 COMMISSIONER GIPSON: Second. 6 JUDGE KELLY: Motion by Commissioner Belew, 7 second by Commissioner Gipson to rescind Court Order No. 8 37909. That's the only action item to be taken? 9 MR. HASTINGS: Yes, sir. 10 JUDGE KELLY: Any further discussion about 11 this? 12 MR. WELLBORN: We also submitted the plat, 13 preliminary plat, so -- 14 MR. HASTINGS: He did. 15 MR. WELLBORN: -- so no approval on that? 16 COURT REPORTER: Excuse me. Could you speak 17 up a little bit? 18 MR. WELLBORN: So we also submitted the 19 preliminary plat so we're replacing it for the approval 20 of the preliminary plat. 21 JUDGE KELLY: When you speak, you really 22 need to go to the podium because that's where the 23 microphone is and the camera, and otherwise -- 24 COMMISSIONER BELEW: And tell them who you 25 are. 61 1 MR. WELLBORN: Mike Wellborn, 3631 Water 2 Street. Question. We also submitted the preliminary 3 plat. Is there a preliminary plat approval process? 4 COMMISSIONER BELEW: We don't approve those. 5 JUDGE KELLY: We don't approve preliminary 6 plats. 7 MR. WELLBORN: Okay. Not at all? No 8 process? Okay. 9 JUDGE KELLY: The legislature told us we 10 can't do that. 11 MR. WELLBORN: Okay. So my next step would 12 be submittal of the final plat -- 13 MR. HASTINGS: Right. 14 MR. WELLBORN: -- and inspection documents. 15 JUDGE KELLY: Right. Keep working with the 16 County Engineer. We like the process. We just can't do 17 it because the legislature said they're gone. 18 MR. HASTINGS: I apologize to Wellborn 19 Engineering. I didn't convey that to them before this 20 got on the agenda. 21 JUDGE KELLY: Well, I -- I used to not know 22 that, but I know it very much now. 23 MR. HASTINGS: He's right. That was the 24 previous process, just as recently as two weeks ago. 25 JUDGE KELLY: Yeah, we thought it was a good 62 1 process. But the State legislature in their infinite 2 wisdom decided that local government should not be 3 requiring that. 4 UNIDENTIFIED SPEAKER: Hmm. Interesting. 5 JUDGE KELLY: Okay. Any other discussion 6 about the rescinding court orders so they can do this? 7 And those in favor raise your hand. Unanimous, five 8 zero. 9 Item 1.21 information and discussion for a 10 proposed submission known as The Hideout Ranch in 11 Precinct 4. Charlie Hastings. 12 MR. HASTINGS: Thank you, Judge. This 13 proposed subdivision consists of property located in 14 Kerr County and Gillespie County. It includes portions 15 of an unofficial subdivision known as Harper Valley. 16 Access to the subdivision will be off of FM 479 in Kerr 17 County. And the smallest lot size is six acres and 18 they've got about 93 lots in there. Total, 47 of them, 19 are in Kerr County. But the number of lots that are 20 allowable are 93. I apologize. There's 47 that are in 21 Kerr County and 12 in Gillespie. So they have the 22 ability to have as many as 93 but they're not doing 23 that. They're doing 59. 24 So they're proposing all private wells. 25 OSSF on-site septic facility. And everything's out of 63 1 the floodplain out there. It's pretty high and dry. 2 And they do -- they have three roads proposed in there, 3 13,800 feet in Kerr County, 3,500 in Gillespie. Two 4 cul-de-sacs. 5 JUDGE KELLY: And this is for information 6 and discussion? 7 MR. HASTINGS: Yes, sir. 8 COMMISSIONER LETZ: And I mean, it basically 9 meets all of our rules. It's nothing -- 10 MR. HASTINGS: It's textbook. Yes, sir. 11 COMMISSIONER LETZ: Yeah, textbook. 12 COMMISSIONER HARRIS: Two entrances off of 13 479? 14 MR. HASTINGS: That's correct. 15 COMMISSIONER LETZ: Are the roads intended 16 to be private or are they county roads? 17 MR. HASTINGS: These were intended to be 18 private roads and privately maintained. And so their 19 entrance is off of 479. You'll note they're a lot 20 further back to give folks an opportunity if someone 21 doesn't belong there, they accidentally turn in, and 22 they come up to a gate that they can't open, they have a 23 way to turn around and get back out safely. 24 COMMISSIONER HARRIS: Right. I see that. 25 That's good. 64 1 JUDGE KELLY: Any other discussion? Any 2 questions? Okay. 3 We'll move on to our next agenda item, this 4 is Item 1.22, which is information and discussion for a 5 potential subdivision referred to as Vintage Oaks Ranch. 6 Precinct 2. 7 MR. HASTINGS: This proposal divides 554 8 acres into approximately 80 lots with proposed roads and 9 some remaining tracts. Primary access would be off of 10 State Highway 173. 11 You got 78 lots. The smallest of which 5.01 12 acres. Private wells, on-site septic facilities, OSSF. 13 There is some floodplain out there. It is zoned A, 14 which means it has not had a detailed study done on it 15 yet. We do have base level engineering data available 16 for that that does show an estimate of what it could 17 look like should they do any field study. And there 18 will be some detailed study through them. 19 The County Engineer requests the Court 20 provide any input that you have. There's no action on 21 this item, but we really just -- it's information and 22 discussion. We want you to know what's going on and 23 want the community to know. Again, it's referred to as 24 Vintage Oaks Ranch, Precinct 2. 25 And I think the property was formerly known 65 1 as -- or maybe it's still known as Tortuga Ranch, not to 2 be confused with the subdivision that we just looked at 3 a moment ago. 4 COMMISSIONER LETZ: Judge, I might make a 5 comment, just because it's -- our format seems a little 6 different and just from the public's standpoint is that 7 under these rules by the legislature which the Judge 8 alluded to, and we were advised not to take action on 9 anything until we get a final plat submitted. So this 10 is a way for the Court to be aware of it, the public to 11 be aware of what's coming down the pike, but we're not 12 going to provide any approvals of concept plans or 13 preliminary plats going forward. So we're just trying 14 to follow the rules set by the legislature. 15 COMMISSIONER BELEW: Do you access this 16 property, Charlie, off of 2771? 17 COMMISSIONER GIPSON: No. It's 173. Right 18 here. 19 COMMISSIONER BELEW: Oh, it's this -- this 20 is the entrance. Okay. 21 COMMISSIONER GIPSON: Yeah. 22 MR. HASTINGS: There's a portion of that 23 overall property that does front on Lower Turtle Creek 24 Road. And it also has some of the City's extra 25 territorial jurisdiction on it. So based -- and I 66 1 believe -- I'm not sure that you can -- when you come 2 into the development off of 173, once you get up there, 3 that you can safely drive back down to that. There 4 seems to be some kind of a divide in between. Is that 5 right? We have the design engineer here. He -- he can 6 speak to what he's planning on doing here. 7 MR. PARKERSON: There is connectivity 8 between -- 9 JUDGE KELLY: Identify yourself. 10 MR. PARKERSON: I'm sorry, sir. David 11 Parkerson. I'm a licensed engineer representing the 12 Winn and Tortuga Ranch, as well as the applicant, BWE 13 Land. 14 The -- there is connectivity on the ranch 15 between two -- the two roadways. There will not be a 16 connectivity that meets County grades. 17 COMMISSIONER BELEW: There's a gate that 18 comes out there or a gated road that comes out -- 19 MR. PARKERSON: There's multiple gated 20 driveways onto 2771. The intention that we've met with 21 the City and they took no grade issue with it. We're -- 22 the intention there is large enough lots but they stayed 23 large enough that there's no true subdivision because 24 they're already allocated to users now. 25 Between the 2771 access and 173, there will 67 1 not be a 12 percent max grade street, which is required 2 the County. So there will be an access, but it won't 3 meet the 12 percent grade. So the main entry is off 4 173. 5 COMMISSIONER BELEW: That's all I wanted to 6 know. 7 JUDGE KELLY: Any other discussion or 8 information? Okay. Thank you. 9 We'll move on down to the 10:30 item -- take 10 a short break. And come back at 10:30. 11 (Recess.) 12 JUDGE KELLY: Come back to order. We're on 13 Item 1.26, which is presentation of the Texas Department 14 of Agriculture Form A1024 CDBG, which is the Community 15 Development Block Grant, Section 3 Program Goals 16 Presentation for the Texas CDBG Project 7217045, 17 7218045, and 7218055. 18 MRS. SHELTON: She was calling in. 19 JUDGE KELLY: Well, then let's skip over 20 this and move on down. We'll come back to it. Item 21 1.27 consider, discuss and take appropriate action to 22 reappoint James Wood and Tim Hutchton -- 23 COMMISSIONER HARRIS: Hutchton. 24 JUDGE KELLY: -- Hutchton as Board Members 25 on the Emergency Services District No. 1 for an 68 1 additional two-year term. Current term expires 9/30/21. 2 Commissioner Harris. 3 COMMISSIONER HARRIS: Yeah. This is just 4 procedural. These guys have been serving and done a 5 good job and it's time to reappoint them. So I move to 6 reappoint them. 7 COMMISSIONER BELEW: Second. 8 JUDGE KELLY: Motion by Commissioner Harris, 9 seconded by Commissioner Belew to reappoint James Wood 10 and Tim Hutchton to the ESD No. 1 Board. Any 11 discussion? Those in favor raise your hand. Unanimous, 12 five zero. 13 Move on to Item 1.28 consider, discuss and 14 take appropriate action on requests from appointed and 15 elected officials to appoint clerks and assistants for 16 their offices pursuant to Local Government Code Chapter 17 151. 18 And this is just routine. We have to do 19 this -- we did this what, a few weeks ago? 20 COMMISSIONER LETZ: Move for approval. 21 COMMISSIONER HARRIS: Second. 22 JUDGE KELLY: Motion by Commissioner Letz, 23 seconded by Commissioner Harris to approve the 24 appointments for the clerks and assistants under the 25 Local Government Code. Any discussion? Those in favor 69 1 raise your hand. Unanimous. 2 Item 1.29 consider, discuss and take 3 appropriate action to designate a day of the week on 4 which the Court shall convene in regular term for FY 5 21/22 pursuant to Local Government Code. 6 We've been meeting on the second and fourth 7 Mondays, I think, probably since time began. But 8 this -- we have to set it every year. 9 COMMISSIONER LETZ: I move we continue to 10 set our regular meetings on the second and fourth Monday 11 of each month. 12 COMMISSIONER BELEW: Second. 13 JUDGE KELLY: Motion by Commissioner Letz, 14 seconded by Commissioner Belew to set the regular 15 Commissioners' Court meetings on the second and fourth 16 Mondays of the month. Any discussion? 17 COMMISSIONER GIPSON: Do we need to make a 18 provision for the Monday holidays that it conflicts 19 with? 20 JUDGE KELLY: Well, I think we do that under 21 State Law. 22 COMMISSIONER GIPSON: Okay. I just didn't 23 know how that was addressed. 24 JUDGE KELLY: So with that, those in favor 25 raise your hand. Unanimous, five zero. 70 1 Item 1.30 consider, discuss and take 2 appropriate action to approve the Second Amendment to 3 Professional Services Agreement between Kerr County and 4 Peter Lewis Architect + Associates. 5 And this is -- his contract expired. We're 6 still working on the bond issue and we just need to 7 renew his contract. 8 COMMISSIONER BELEW: And this doesn't have 9 anything to do with firearms? 10 JUDGE KELLY: No. 11 COMMISSIONER BELEW: So that people will 12 understand it. 13 JUDGE KELLY: And it's the Second Amendment? 14 COMMISSIONER BELEW: Second Amendment. 15 JUDGE KELLY: It's a contract -- 16 COMMISSIONER LETZ: I was like -- I was lost 17 there for a minute. 18 COMMISSIONER BELEW: Peter Lewis carrying a 19 firearm. 20 JUDGE KELLY: Well, that would never happen. 21 I promise you that. 22 COMMISSIONER LETZ: I move for approval, and 23 there is a decrease in the -- an increase in the not to 24 exceed amount up to 125,000. 25 COMMISSIONER GIPSON: And extend the date 71 1 too. 2 COMMISSIONER LETZ: And extended the date 3 for five years. 4 JUDGE KELLY: Any other discussion? 5 MRS. DOWDY: Do we have a second? 6 JUDGE KELLY: I'm trying to get it. 7 COMMISSIONER HARRIS: I will. 8 JUDGE KELLY: Commissioner Letz made the 9 motion, seconded by Commissioner Harris to renew the 10 contract with Peter Lewis Architect + Associates. Any 11 discussion? Those in favor raise your hand. Unanimous, 12 five zero. 13 (Phone call incoming.) 14 MS. DALY: Good morning. This is Rosie with 15 GrantWorks. 16 JUDGE KELLY: How are you? This is Rob 17 Kelly. Let me call your agenda item and then you can 18 begin. 19 MS. DALY: Awesome. Thank you. 20 JUDGE KELLY: This is Item 1.26, which is 21 presentation of the Texas Department of Agriculture Form 22 A1024, Community Development Block Grant, Section 3, 23 Program Goals. You may proceed. 24 (Presentation via phone; no action taken.) 25 COMMISSIONER LETZ: I'll -- just a quick 72 1 comment on that. I don't see a whole lot of difference 2 from what we're already doing really, Charlie. I mean, 3 we get the HUD certification already. And Charlie -- in 4 addition to GrantWorks, Charlie looks through it, I look 5 through it, Beck looks through it, Tanya looks through 6 it, and we get a stack of every pay sheet for every 7 employee that's being employed under the project. So we 8 all sign off on it. So I don't think it's a whole lot 9 different than what we're already doing. But just -- 10 COMMISSIONER GIPSON: Are they going to 11 break out at the -- which zone they're in? 12 COMMISSIONER LETZ: They do it. Yes. 13 COMMISSIONER GIPSON: Okay. 14 COMMISSIONER LETZ: And they let the 15 contractor know. The contractor keeps -- this 16 contractor keeps very good records from what I know 17 about him. 18 JUDGE KELLY: Well, and so the public knows, 19 we've been working with GrantWorks on this for a number 20 of years. They do an exceptionally good job. We have a 21 great relationship and that's why we went ahead and paid 22 them to handle our ARPA funds and to handle our FEMA 23 damage mitigation funds. Because they take care of all 24 the details for us. This is a headache otherwise. 25 Very well. So let's move on to the approval 73 1 agenda. Item 2.1 pay bills. 2 MRS. SHELTON: Invoices for today's 3 consideration, $872,858.45. 4 COMMISSIONER BELEW: Move for approval. 5 COMMISSIONER HARRIS: Second. 6 JUDGE KELLY: Motion by Commissioner Belew, 7 second by Commissioner Harris to approve the bills as 8 presented. Any discussion? Those in favor raise your 9 hand. Unanimous, five zero. 10 Next item is budget amendments, 2.2. 11 MR. ROBLES: Yes, we have three of them 12 today. The first one is comprised of adjustments in the 13 operating expenditures of the general fund. The next 14 two are going to be the District Attorney's forfeiture 15 and their regular operating account. 16 JUDGE KELLY: And just to inform the public, 17 this is routine end of fiscal year budget amendments to 18 keep us legal. 19 MR. ROBLES: That's correct. 20 COMMISSIONER LETZ: I move for approval. 21 COMMISSIONER HARRIS: Second. 22 JUDGE KELLY: Motion by Commissioner Letz, 23 second by Commissioner Harris to approve the budget 24 amendments as presented. Any discussion? Those in 25 favor raise your hand. Unanimous, five zero. 74 1 Item 2.3. Late bills? 2 MRS. SHELTON: There are not any. 3 JUDGE KELLY: Item 2.4. Auditor reports? 4 MRS. SHELTON: Yes. We presented one report 5 for the County Clerk's Office. And we're asking that 6 you accept the report. 7 COMMISSIONER BELEW: Move for approval. 8 COMMISSIONER GIPSON: Second. 9 JUDGE KELLY: Okay. Motion by Commissioner 10 Belew, second by Commissioner Gipson to approve the 11 Auditor's report as presented. Any discussion? Those 12 in favor raise your hand. Unanimous. 13 Next item are to accept the monthly reports. 14 COMMISSIONER HARRIS: Yes. For August 2021 15 monthly report, County Clerk Jackie J.D. Dowdy and 16 County Treasurer Tracy Soldan. I move for approval. 17 COMMISSIONER LETZ: Second. 18 JUDGE KELLY: Motion by Commissioner Harris, 19 second by Commissioner Letz to approve the monthly 20 reports as presented. Any discussion? Those in favor 21 raise your hand. Unanimous. 22 Court orders. 23 COMMISSIONER LETZ: Yes, we have the court 24 orders from our September 13th meeting, 38928 through 25 38955, and Court Order 38956 from our September 20th 75 1 meeting. They all look to be in order. I move for 2 approval. 3 COMMISSIONER HARRIS: Second. 4 JUDGE KELLY: Motion by Commissioner Letz, 5 second by Commissioner Harris to approve the court 6 orders as presented. Any discussion? Those in favor 7 raise your hand. Unanimous. 8 Information agenda. Status report from 9 department heads. 10 MRS. DOSS: I just have one small. 11 JUDGE KELLY: Yes, ma'am. 12 MRS. DOSS: I just wanted to remind everyone 13 that October -- this Friday is October 1st. First pay 14 of October. But if you're looking for your paychecks to 15 increase, that's not going to happen until 10/29 because 16 the first full pay period as a fiscal year which starts 17 on October 10th. So I know we usually get a lot of 18 calls, first pay October, I don't see an increase. You 19 won't see that until October 29th. 20 JUDGE KELLY: It has to be a full pay 21 period. 22 MRS. DOSS: The first full pay period. Also 23 the salary study adjustment as well will kick in on 24 10/29. 25 COMMISSIONER BELEW: And you really believe 76 1 what you just said will keep you from getting calls? 2 MRS. DOSS: No. I'm also going to send an 3 e-mail. 4 JUDGE KELLY: Any other department heads? 5 Okay. 3.2 status reports from Elected 6 Officials. Sheriff? 7 SHERIFF LEITHA: Yes. Yeah. I know some of 8 y'all like to keep up with the human trafficking, human 9 smuggling. Just kind of want to report to y'all last 10 week was a busy week. We had four incidents. First of 11 all, one was in Kimble County. They had a pursuit with 12 a bailout. They caught some, some got away. So we 13 assisted on that one. 14 Also another one went from -- into Kendall 15 County. We assisted that one. They were able to 16 apprehend all illegals. 17 Then we assisted Ingram PD last week with 18 one. We got in a pursuit, wrecked out. One of the 19 passengers was pinned in the vehicle from the wreck. 20 The rest of them got away. 21 Then we had what I call a picture perfect 22 one on Saturday. That was -- it was our office was 23 involved in it. Short pursuit on I-10, got them 24 stopped, was able to detain the driver and nine more. 25 Basically loaded them up and took them to the Sheriff's 77 1 Department where border patrol picked them up within a 2 couple of hours. 3 You know, what I just want the folks to 4 know, like for one, all the authorities, including the 5 Kerr County Sheriff's Office, they're becoming very time 6 consuming. When we're not in the lead it doesn't take 7 as much time. But like the one on Saturday, it was all 8 ours so, you know, I had everybody working, six deputies 9 plus we called out some more guys. It's just very time 10 consuming. Obviously, it looks like things are picking 11 up. Just want to keep everybody aware about that and 12 we'll keep moving forward. 13 COMMISSIONER BELEW: Are there different 14 places -- countries of origin that these folks -- 15 SHERIFF LEITHA: Well, you know, all over. 16 We hear Haitians. We haven't run across any of them 17 yet. You know, they're from all over. It's 18 unfortunate. 19 But like said, I think it's only going to 20 continue to pick up, that's why we're moving that 21 direction. Basically I'm going to dedicate a couple 22 units to specifically work out in that area. Yeah, 23 what we call the hot times wherever we can get. 24 But we're real fortunate on ours. We -- 25 like I said, we will file human smuggling charges. We 78 1 did file also evading. Also, the guy we caught on 2 Saturday he had a warrant for family violence. 3 So you know, what I say is, you know, these 4 people are making a lot of money off this so we'll just 5 continue to put them in jail and do our part. 6 COMMISSIONER HARRIS: Sheriff, the one in 7 Ingram, do you think they came down 39 as opposed to 8 going to 41 or -- 9 SHERIFF LEITHA: Yes. 10 COMMISSIONER HARRIS: -- trying to slip 11 through that way? 12 SHERIFF LEITHA: I do. You know, we're real 13 lucky. They're going all different ways, you know what 14 I mean. So we're real lucky to get on that one. Like 15 there's a perfect example. They wreck out -- actually, 16 you know, one of our deputies, one of our officers, 17 we're going to be putting him in for an award. They had 18 the wreck and the car was on fire. One of the Ingram PD 19 officers, one of our deputies, pulled them out of the 20 vehicle. But you know, they really don't care about 21 anything but making money. You know, it's all about 22 yourself and that's what we're going to be going 23 against. 24 JUDGE KELLY: Good. 25 SHERIFF LEITHA: Thank you. 79 1 JUDGE KELLY: Thanks for keeping us up to 2 date. 3 SHERIFF LEITHA: Yes, sir. 4 JUDGE KELLY: Any other Elected Official 5 reports? Okay. Let's move on to Commissioner's Status 6 Report. 7 COMMISSIONER LETZ: The only one I have is 8 just -- I mentioned last week that -- 9 JUDGE KELLY: I'm glad you're bringing that 10 one up. 11 COMMISSIONER LETZ: -- under the Lone Star 12 program it looks like they were looking to the PDO's 13 around the State to help provide the attorneys for the 14 people that are being arrested. Primarily for 15 trespassing and other -- mostly misdemeanors. And it 16 was put on hold and -- on Thursday, and on Friday it was 17 put on fast track. So it'll be coming back to us, I 18 presume, next week or our next meeting to see if we want 19 to pursue it or not. 20 Preliminary items would be they would like 21 for the Hill Country Regional PDO to hire eight people. 22 Five of them would be attorneys, one felony, one 23 investigator, and one support. And they would be a 24 hundred percent funded by the State. 25 COMMISSIONER BELEW: Is it that big an issue 80 1 here? 2 COMMISSIONER LETZ: It's -- it's -- 3 COMMISSIONER BELEW: Just sleeping on a park 4 bench kind of problem? 5 JUDGE KELLY: It is in Medina County. 6 COMMISSIONER BELEW: Okay. 7 JUDGE KELLY: Okay. And these people will 8 probably be in Medina County. 9 COMMISSIONER LETZ: They'll probably house 10 them there. But it's -- the -- all -- most of the 11 people being arrested right now are being put in the 12 facility in Dilley. 13 JUDGE KELLY: Right. 14 COMMISSIONER LETZ: And they're trying to 15 get PDO's from -- the Lubbock PDO is going to become the 16 lead PDO for this. And then they will either be subbing 17 it out to other PDO's or we'll be directly with the 18 TIDC. But that's all up in the air. But it'll probably 19 kind of -- this is informational. 20 You know, we can say no, we don't want to do 21 it. But the indication is it would be a little bit of a 22 feather in our cap for future funding with TIDC if we 23 agreed to do this. 24 COMMISSIONER BELEW: But the other -- the 25 others in the Public Defender's Office, don't they have 81 1 a say in this? Are they all -- 2 COMMISSIONER LETZ: Oh, John Bull -- 3 COMMISSIONER BELEW: -- or they make their 4 determination? 5 COMMISSIONER LETZ: Yeah. Well, John Bull, 6 he's the one who's keeping me up to speed in this. 7 JUDGE KELLY: In five counties? 8 COMMISSIONER LETZ: Oh, Yeah. It's going -- 9 John Bull -- 10 COMMISSIONER BELEW: He doesn't get all of 11 them, does he? 12 JUDGE KELLY: Well, no. 13 COMMISSIONER BELEW: Well then why would we 14 be voting on what's happening in Medina County and they 15 don't have a say in it? 16 JUDGE KELLY: Well, it's not that they don't 17 have a say. It's that our Public Defender's Office, the 18 PDO, is a department of Kerr County. And so we're the 19 ones that they report -- 20 COMMISSIONER BELEW: And they put in a 21 request for this? 22 COMMISSIONER LETZ: Yes. 23 COMMISSIONER BELEW: Then how did we get 24 the -- 25 JUDGE KELLY: And then, so the public 82 1 understands, Operation Lone Star is the Governor's 2 program to detain people that are crossing the river 3 illegally, okay, and have them arrested if they commit a 4 crime, and put in jail. And those -- 5 COMMISSIONER BELEW: That's why it's a 6 misdemeanor. 7 JUDGE KELLY: That's right. 8 COMMISSIONER BELEW: I thought you were 9 talking about vagrants or something. 10 JUDGE KELLY: No, no. 11 COMMISSIONER BELEW: You're talking about 12 what the Sheriff's talking about. 13 JUDGE KELLY: We're talking exactly what the 14 Sheriff's -- this is dovetailing exactly on what he's 15 doing. 16 COMMISSIONER BELEW: Okay. 17 JUDGE KELLY: And we put them in jail, 18 they're charged with misdemeanors, and then we have 19 to -- the County is going to prosecute them for 20 misdemeanors. I'm looking at -- 21 MRS. HURT: (Shaking head in affirmative 22 manner.) 23 COMMISSIONER BELEW: I was about to ask the 24 County Attorney's Office -- 25 MRS. HURT: I could -- 83 1 COMMISSIONER BELEW: -- if we have that many 2 misdemeanors. 3 MRS. HURT: Yeah. 4 COMMISSIONER LETZ: But to answer your 5 question, John Bull, our Chief Public Defender, is 6 sending information out to all five counties on the 7 oversight committee. If he got any feedback that some 8 of the counties don't want this to happen, he would 9 probably not recommend that we do it. But you know, we 10 haven't -- this is the first step. And the other 11 counties have been notified of this. 12 COMMISSIONER BELEW: This is really the 13 Governor's program to arrest people for arriving. 14 JUDGE KELLY: That's right. But they 15 need -- we need to have attorneys representing these 16 people that are charged with crimes. 17 COMMISSIONER BELEW: Sure. 18 COMMISSIONER LETZ: Because they're 19 indigent. 20 JUDGE KELLY: And the input that Medina 21 County has is they're in the form of the traffic pattern 22 more than we are and so that's probably where these 23 additional public defenders will be housed. Down there 24 because it's closer to Dilley. So they'll take the 25 hearings over there. 84 1 COMMISSIONER BELEW: Now, does that mean 2 also you're -- you're paying for their salary, do they 3 have a place for them to set up in? 4 COMMISSIONER LETZ: And Medina has -- does 5 have space, I believe, in their old courthouse. They're 6 opening up their new courthouse annex. And the only 7 cost would be the oversight from Mr. Bull and Miss 8 Berry. Because there's -- you know, I don't know if 9 there's any compensation for that, but the salaries and 10 benefits are covered a hundred percent as we've been 11 told by the State for these new employees. 12 JUDGE KELLY: It'll be a separate grant. 13 COMMISSIONER BELEW: So that everybody 14 understands, the Governor says we're going to arrest 15 people coming across the border and charge them with 16 misdemeanors and we're going to pay for their attorney. 17 Just so it's clear. 18 COMMISSIONER LETZ: Just so it's clear. 19 COMMISSIONER BELEW: Just -- it's a 20 political thing -- 21 JUDGE KELLY: Clear as mud. 22 COMMISSIONER BELEW: -- obviously. 23 COMMISSIONER LETZ: Right. But anyway, 24 that's all I have, trying to explain that and that's 25 coming down for next week -- or two weeks. 85 1 JUDGE KELLY: Any other Liaison Commissioner 2 reports? 3 Okay. We're going to have an Executive 4 Session. The items that will be on the agenda are 5 4.2(a), which is to consider, discuss and take 6 appropriate action regarding personnel in the veterans 7 services office, and 4.2(b), which is to consider, 8 discuss, and take appropriate action on the current 9 employee supervisory role of the new grant 10 administrator. 11 COMMISSIONER LETZ: Judge, if I could have 12 Miss Doss present for the first one and Miss Grinstead 13 present for the second one, would that be all right? 14 JUDGE KELLY: That would be fine. So we 15 will adjourn briefly and reconvene in Executive Session. 16 (Executive Session.) 17 JUDGE KELLY: We're out of executive 18 session. It is 11:32. We had no action to take while 19 we were in executive session, so Court is adjourned. 20 * * * * * * 21 22 23 24 25 86 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 9th day of October, 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