1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Regular Session 5 Monday, December 13, 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. 6 4 *** Commissioner's Comments. 15 5 1.1 Consider, discuss and take appropriate 16 action on request to use courthouse grounds 6 on Saturday mornings for a Farmers Market. 7 1.2 Consider, discuss and take appropriate 42 action to appoint Albert Martinez to the 8 Emergency Services District #1 to replace Tim Hutchton. 9 1.3 Consider, discuss and take appropriate 44 10 action to approve Resolution honoring Lee Behrens. 11 1.9 Consider, discuss and take appropriate 45 12 action to modifications to agreement with Hill Country District Junior Livestock Show 13 Association. 14 1.10 Consider, discuss and take appropriate 47 action to waive fees of the Hill Country 15 Youth Event Center for the Hill District Grandstand Show, and request assistance 16 from the Maintenance Department and the Road & Bridge with show setup. 17 1.4 Consider, discuss and take appropriate 51 18 action to approve lease agreement with Enterprise Fleet Management for Constable 19 Precinct 4 vehicle (2022 Dodge RAM). 20 1.5 Consider, discuss and take appropriate 53 action to approve qualitative incentives 21 for 2021 per the Global Spectrum L.P. d/b/a Spectra Venue Management Agreement for the 22 Hill Country Youth Event Center. 23 1.11 Consider, discuss and take appropriate 58 action for the Commissioners' Court 24 approval regarding a general contract with JCW Construction, LLC. for the repair of 25 damaged guardrail at the Cade Loop S. Bridge. 3 1 I-N-D-E-X 2 NO. PAGE 3 1.12 Consider, discuss and take appropriate 59 action for the Commissioners' Court approval 4 regarding a general contract with JCW Construction, LLC. for the repair of damaged 5 guardrail at the Lazy Valley Rd. N. Bridge. 6 1.13 Consider, discuss and take appropriate 60 action regarding the request for variance 7 to Section 5.06 of the Kerr County Subdivision Rules & Regulations for Creekside at Camp 8 Verde. 9 1.14 Public hearing for a revision of plat for 83 Vistas Escondidas de Cypress Springs Estates, 10 Lot 153, and Cypress Springs Estates Phase 2 Section 1, Lot 68, Volume 7, Pages 363-364, 11 and Volume 7, Pages 172-173. 12 1.15 Public hearing for a revision of plat for 84 Center Point estates Unit 2, Lot 247, Volume 13 3, Page 103. 14 1.16 Information and discussion on a concept plan 84 for Comfort Ranch Estates. 15 1.17 Consider, discuss and take appropriate 87 16 action for the Court to set a public hearing for 10 a.m. on January 24, 2022 for a 17 revision of plat for Northwest Hills, Lot 35 and Lot 38, Volume 5, Page 30, and Volume 18 6, Page 357. 19 1.18 Consider, discuss and take appropriate 91 action for the Court to approve Change Order 20 No. 1 to the Wastewater Service Connections Contract of the East Kerr/Center Point 21 Wastewater Collection Project in the amount of $113,406.72. 22 1.19 Consider, discuss and take appropriate 93 23 action to open, read and award the Annual Bids for road base, cold mix, aggregate, 24 emulsion oil, and corrugated metal pipe. 25 4 1 I-N-D-E-X 2 NO. PAGE 3 1.6 Consider, discuss and take appropriate 96 action to allow the Upper Guadalupe River 4 Authority to keep a trailer at the Kerr County Maintenance Facility. 5 1.7 Consider, discuss and take appropriate 97 6 action to approve revised job descriptions within the County Attorney's Office. 7 1.8 Consider, discuss and take appropriate 98 8 action to ratify and confirm the renegotiated part D rate for the Option 9 1A plan of retiree Medicare prescription supplement with Amwins. 10 1.20 Consider, discuss and take appropriate 99 11 action to modify Court Order #39042. 12 1.21 Consider, discuss and take appropriate 100 action to reappoint Rosa Lavender and Mary 13 Krebs to the Alamo Area Council of Government (AACOG) Criminal Justice Advisory Committee 14 (CJAC) for additional two year terms. 15 1.22 Consider, discuss and take appropriate 101 action to replace Callie Gargano and Jody 16 Grinstead as alternates for Rosa Lavender (Callie Gargano) and Mary Krebs (Jody 17 Grinstead) on the Alamo Area Council of Government (AACOG) Criminal Justice Advisory 18 Committee (CJAC). 19 1.23 Consider, discuss and take appropriate 102 action to address the possibility of 20 prohibiting the sale or use of restricted fireworks (i.e.: "Skyrockets with sticks" 21 and "missiles with fins" in any portion of the unincorporated area of Kerr County 22 pursuant to Local Government Code Section 352.051 for the December fireworks season. 23 1.24 Consider, discuss and take appropriate 104 24 action to approve contracts with Mountain Home Volunteer Fire Department, CASA, and 25 K'Star,and allow County Judge to sign same. 5 1 I-N-D-E-X 2 NO. PAGE 3 1.25 Consider, discuss and take appropriate 104 action to cast vote(s) for Kerr Central 4 Appraisal District Board Member(s) for the 2022-2023 terms. 5 1.26 Consider, discuss and take appropriate 107 6 action to appoint Board Members for Emergency Service District #3 (ESD#3). 7 2.1 Budget Amendments. 108 8 2.2 Pay Bills. 109 9 2.4 Auditor Reports. 110 10 2.5 Accept Monthly Reports. 114 11 2.6 Court Orders. 115 12 3.2 Status Reports from Elected Officials. 115 13 *** Adjournment. 116 14 *** Reporter's Certificate. 117 15 * * * * * * 16 17 18 19 20 21 22 23 24 25 6 1 JUDGE KELLY: Court will come to order. It 2 is Monday, December the 13th, 2021, 9 o'clock in the 3 morning and the Kerr County Commissioners' Court is now 4 in session. 5 COMMISSIONER LETZ: You. 6 JUDGE KELLY: I lead today? Okay. If you 7 would please stand for the prayer and pledge. 8 (Prayer and Pledge of Allegiance.) 9 JUDGE KELLY: We ask if you have your cell 10 phones, if you would please, turn them off or put them 11 on silence. First thing we have on the agenda always in 12 our Commissioners' Court meeting is the public input. 13 This is the opportunity for us to hear. We don't get to 14 respond, but we do get to hear. And so if there's 15 something that's on the agenda we ask that you wait 16 until that agenda item is called to address the Court. 17 If it's something that is not on the agenda this is your 18 opportunity to speak to the Court. Is there any public 19 input this morning? 20 Is there anybody that would lake to address 21 the Court on something that is not on the agenda? Okay. 22 Then, if you would, you will be allowed three minutes. 23 You go to the podium, state your name and address so we 24 know what precinct you live in, and you may address the 25 Court. The podium please. 7 1 MS. DEININGER: I did sign in, for what it's 2 worth. Susan Deininger. 3 JUDGE KELLY: But if it's on the agenda, 4 it's not time -- 5 MS. DEININGER: No, it is not on the agenda. 6 JUDGE KELLY: Welcome to have you back. 7 MS. DEININGER: Thank you for allowing me to 8 speak. And I'm not wanting to anger or annoy any of you 9 gentlemen. But I really am wanting to comment, and just 10 remind you of some things in regard to the ARPA, okay, 11 of the American Rescue Plan Funds can be used to pay as 12 of 11-04-21 at the Youth Event Center. And explained 13 that we could pay for that presentation out of the ARPA 14 fund. 15 We could pay for Rosa out of the ARPA fund, 16 if she is dealing with any of the applications that were 17 generated by the solicitation of applications at that 18 meeting. And if she sends them over to GrantWorks, they 19 can be paid out of the ARPA funds. I have not heard 20 that those solicitations have been stopped, so I would 21 assume that there are some coming in, there were some 22 even at that meeting on the fourth. 23 And I'm just wondering if payment for that 24 is being made or put aside until we decide about ARPA 25 funds, or if they are coming out of county funds, those 8 1 requests. And I just was thinking lawyers charge 2 thousands of dollars an hour, and we could charge ARPA a 3 thousand dollars an hour for working on their projects. 4 And I wanted to know then -- let's see, let 5 me -- I just wanted to remind us that the Federal 6 Government is ruling out money as though it were toilet 7 paper, and it has about that much -- has about that much 8 meaning, and we will have to pay it back. Excuse me 9 here. 10 It means less and less each day. And there 11 is nothing to suggest that they care. The goal is to 12 destroy American's economic and social system integrity. 13 Whatever it takes achieve that will be done. And if the 14 dollar for price hikes, we're already at 25 percent 15 inflation. 16 This money only means something to us, and 17 it's all fronted by the insulting news of a little man 18 nearly sunk in senility. So I think that that really 19 needs to be remembered. And the monitor is in charge of 20 the requirement for use of this fund. He has been 21 forced to admit paying China to develop the virus that 22 could kill the world and then opening America's doors to 23 it. 24 Dr. Fauci's funded experiment using purebred 25 dogs locked in their heads in cages while they attached 9 1 flesh eating bacteria and mosquitoes to their backs. 2 That is on YouTube, pictures of that, for those of you 3 who are animal lovers and want to protest. 4 We have only speculation as to the use and 5 purpose of this monstrous business. As elections 6 approach and the COVID loses its strengths, are we go go 7 to be subject to mosquitoes carrying flesh eating 8 bacteria. The goal is winning the election. And I -- 9 goodness gracious. Okay. 10 JUDGE KELLY: Miss Deininger, your time is 11 up. I'm sorry. 12 MS. DEININGER: Okay. Thank you very much. 13 JUDGE KELLY: Anyone else? Input from the 14 public? Miss Hughes, Miss Guerriero. 15 MS. HUGHES: Good morning. 16 JUDGE KELLY: I know what you're here about. 17 MS. GUERRIERO: Good morning. I'm Karen 18 Guerriero. Brenda Hughes. We're with Kerrville Pets 19 Alive, 414 Clay here in Kerrville, and we're here to 20 thank the Court and the Judge for allowing us to use 21 courthouse grounds last weekend, December 4th and the 22 5th for our food collection event. We collected a total 23 of -- 24 MS. HUGHES: Over three thousand pounds of 25 pet food for our community pets, and also over 25 10 1 hundred dollars in donations. So we just wanted to 2 thank you for allowing us to use the parking Lot and 3 service our community pets needs. 4 MS. GUERRIERO: And that food will be 5 distributed at our office 414 Clay for the remainder of 6 December and January. We have a lot left if your 7 friends need pet food. And we also look forward to 8 working with the Court more in 2022 as we strive to save 9 more Kerr County pets. 10 MS. HUGHES: And we thank you for your 11 support. 12 JUDGE KELLY: And let me say on behalf of 13 the Court, we thank you for what you're doing and we 14 welcome this partnership with you. 15 MS. HUGHES: Thank you. 16 MS. GUERRIERO: Thank you. 17 JUDGE KELLY: Who else do we have? 18 MR. KING: I'm Richard king. Of course I 19 think y'all are familiar with me by now. 20 JUDGE KELLY: Welcome back. 21 MR. KING: Thank you. I want to address 22 ARPA as well. I'm not going -- I'm going to be a little 23 redundant on you. Okay, I'm going the read this. And 24 this is in the -- let's see, section 603 of the Act, 25 regulations by the Treasury Department pursuant to 11 1 section -- and let me get my glasses on, getting old. 2 Section 603(f) of the Act, and guidance issued by 3 Treasury regarding the foregoing. It says recipient 4 also agrees to comply with all other applicable Federal 5 statutes, regulations, and executive orders, and 6 recipient shall provide for such compliance by other 7 parties in any agreements it enters into with other 8 parties relating to this award. 9 Now, here is my -- excuse me, my biggest 10 concern. Recipients under these funds of obligation of 11 contract within the U.S. Department of Treasury, Article 12 I, Section 10 of the U.S. Constitution says no state 13 shall pass any law impairing the obligation of 14 contracts. 15 And by signing this contract you're agreeing 16 to the terms and conditions by consent of contract. To 17 comply with Federal executive orders, past, present and 18 future, this consent of contract made by use of 19 executive orders to federalize our cities and states and 20 make us slaves to their dictates. 21 There is no recourse. Even the Supreme 22 Court cannot overrule a contract. This means that no 23 matter what Abbott does, the court's ruling, nothing can 24 override this contract. And I want to really stress 25 that, because I don't know how many of y'all actually 12 1 signed the contract for these funds, but you have to 2 understand the way I feel is that when you signed this 3 contract, you signed it for me as well. And I object to 4 that. And many of us do in Kerr County. Because we are 5 obligated as residents of Kerr County to pay these funds 6 back, ten point one million. I don't have that kind of 7 money. Never will see it in my lifetime. And I don't 8 know that any of you do. 9 But I object to the fact that this contract 10 was signed without putting this on a ballot to where we 11 could actually vote on it. It's crazy. It's crazy. So 12 you've made me obligated to pay this money back 13 personally if someone messes this up. 14 So I'm to the point, I've been asking the 15 Court for I don't know a month and a half now to send 16 this back now. The longer you hold it the bigger the 17 temptation, and you know that's true. You all have 18 enough brains to know that's true. Send it back, and 19 don't make me obligated for this mess. 20 And I thank you for your time. 21 JUDGE KELLY: Thank you. 22 Anyone else that wants to comment to the 23 Court? 24 MRS. KING: Hi. Marcia King. Texan. I'm 25 here once again to voice my -- 13 1 JUDGE KELLY: Which precinct are you in? 2 MRS. KING: Pardon. 3 JUDGE KELLY: Which precinct do you live in? 4 MRS. KING: Don Harris, 4. 5 COMMISSIONER HARRIS: 4. 6 JUDGE KELLY: Thank you. 7 MRS. KING: I'm here once again to voice my 8 concern about the consent of contract regarding the 9 ARPA, the American Rescue Plan Act, funds that Biden did 10 to vaccinate America. As you see in his -- in his 11 letter. A law that will help vaccinate America. 12 May I direct you to the 9.a of the contract. 13 Just as my husband said, recipient agrees to comply with 14 requirements of section 603 of the Act, regulations 15 adopted by Treasury pursuant to section 603(f) of the 16 Act. And this is -- recipient also agrees to comply 17 with all other applicable Federal statutes, regulations 18 and executive orders, and recipient shall provide for 19 such compliance by other parties in any agreements it 20 enters into with parties relating to this award. 21 Accepting and using any of these funds puts 22 all of us under the obligation of contract, and 23 subservient to executive orders. This is a diabolic way 24 to install communism nationwide by consent, which I and 25 many others believe is the end goal of this tyrannical 14 1 Biden administration. 2 Furthermore, do you understand that FEMA was 3 created and powered solely by executive orders? It 4 doesn't matter whether an executive order is 5 constitutional or not, it becomes law simply by being 6 published in the Federal Registry. These orders go 7 around Congress. 8 FEMA has powers and authorities that go well 9 beyond any other agency in the nation. It can suspend 10 laws. It can move populations. It can arrest and 11 detain citizens without a warrant and can hold them 12 without trial. It can cease property, food supply and 13 transportation systems, and it can even suspend the 14 Constitution of the United States. 15 The contract for ARPA funds is published in 16 the Federal Registry, too. By executive order, by 17 Biden. So get the picture? We are -- this is -- this 18 contract is binding on all of us. We the people have 19 spoken to you, and pleaded with you to please not take 20 this money. 21 Yes it is enticing, and I know that you have 22 women grant master, or grant administrators, and to 23 tell -- we are professional experts at spending money. 24 I don't know how many applicants you have by now, but 25 the list is probably growing, and it's going to be 15 1 harder to quote give the money back, once you have 2 applicants on the list. 3 So please as my husband said, Article 1, 4 Section 10 of the Constitution says that no state has 5 the power to impair any obligation of contract. I gave 6 each one of you one of these, look it up, it's in there. 7 Thank for your listening. 8 JUDGE KELLY: Thank you, Miss King. Anyone 9 else? 10 Very well. We will move on to the next item 11 on the agenda, which is Commissioner's comments. 12 Precinct 1. 13 COMMISSIONER BELEW: I don't -- I really 14 don't have anything to report. 15 JUDGE KELLY: Good. Two. 16 COMMISSIONER GIPSON: Just we have the burn 17 ban back on in two. Also have an item in here to 18 appoint Board of Directors on the new ESD's. 19 JUDGE KELLY: Good. Three. 20 COMMISSIONER LETZ: Long agenda. I think 21 nothing else. 22 JUDGE KELLY: Four. 23 COMMISSIONER HARRIS: Saturday night went to 24 the Ingram Christmas parade. It was great. A lot of 25 kids involved, and there was a good turnout for it. 16 1 I also attended the Ingram VFD Christmas 2 party right afterwards, and saw a lot of good volunteers 3 recognized. Heroes in my eyes. So that's all I have. 4 JUDGE KELLY: Very good. Okay. Let's move 5 on to the consideration agenda, item 1.1 which is to 6 consider, discuss and take appropriate action on a 7 request to use courthouse grounds on Saturday mornings 8 for a farmers market. In the Christmas jacket is Joe 9 Martin. 10 MR. MARTIN: It will be for rent at the 11 Farmer's Market. Judge Kelly, Commissioners, my name is 12 Joe Martin. My address is 315 Saddlewood Boulevard in 13 Kerrville. And I believe I am in Commissioner Belew's 14 Precinct, Precinct 1. 15 I am the President of the Heart of the Hills 16 Farmer's Market. We're a state chartered non-profit. 17 We were chartered in September 28th of this year. The 18 goal of our organization is to form an member owned and 19 operated farmer's market. 20 We have looked over the County, and of 21 course, the intersection of Junction Highway and Sidney 22 Baker is the highest traffic corner in the county. It 23 is highly visible. What we would propose to do, and 24 I've counted -- there's space to put like 33 vendors 25 across the front of the courthouse in either in the 17 1 parking Lot or on the lawn, and another 15 down the side 2 in an L-shape. That gives us plenty of room. I doubt 3 we'll start with that many, but we have already got a 4 group of interest for produce growers and other 5 producers. 6 It will be a market that is you have to grow 7 it yourself or make it yourself. So it's going to be a 8 producer driven market. We plan to run it year round. 9 That's the plans. I understand that if we did that, 10 we're going to be in conflict at certain times with 11 other events here. 12 Most of the events that I've seen here take 13 place over at the amphitheater. So I don't know whether 14 we would conflict with that. But if we do conflict with 15 it, we will certain accommodate either a cancel or 16 moving the market farther around so that we don't 17 interfere with previously -- previous scheduled events. 18 So that's really all it is. We would like 19 to use it starting March first. The hours of the market 20 will be 8 o'clock in the morning until noon. And so 21 unless there's any questions, we'd submit our 22 application. We've done the application, and we'd like 23 to start our first market on the first Saturday in 24 March. 25 COMMISSIONER LETZ: So is it only produce? 18 1 MR. MARTIN: No, Sir. It will be produce, 2 fruit. We have lots of craftsmen. We're talking to a 3 silversmith that makes jewelry. We're talking to a 4 fellow board of directors over here. We have a coffee 5 vendor, Janelle Hitchman from Hitchman Homestead. She 6 also makes -- her and her husband Todd, they make chuck 7 wagons. They just bought a chuck wagon for -- what was 8 the restaurant in Virginia? 9 UNIDENTIFIED VOICE: The Little Inn at the 10 Washington. 11 MR. MARTIN: They supplied a bicycle driven 12 chuck wagon for that restaurant. So they'll be selling 13 things like that. So it will be a wide variety of 14 product; not just produce. 15 COMMISSIONER LETZ: What -- and I don't know 16 who can answer this. But market days which used to use 17 courthouse square, are they at the Hill Country Youth 18 Event Center now, or -- 19 COMMISSIONER HARRIS: Brenda's in charge of 20 that. 21 MR. MARTIN: Yeah. Brenda Hughes started 22 that. And they held it here in the parking Lot. I 23 think it was one day a month. And they have since moved 24 to the youth barn. 25 COMMISSIONER LETZ: I believe we moved them. 19 1 I believe the Court -- that's why I'm asking the 2 question. 3 COMMISSIONER BELEW: I think so, yeah. 4 COMMISSIONER LETZ: The Court made a 5 decision back then that market days should use the Hill 6 Country Youth Event Center. And through an agreement, I 7 think they moved at our urging. 8 And you know, I love the idea; I'm just not 9 sure if, you know, we're being consistent in letting 10 people use courthouse square or not. And I think we 11 need to look at our policy a little bit and -- 12 MRS. STEBBINS: They've made application 13 appropriately through Jody. That. 14 MR. MARTIN: That's correct. 15 MRS. STEBBINS: They followed the policy, I 16 believe, and made the application like was requested of 17 them. 18 MR. MARTIN: Brenda Hughes may address this, 19 but in my conversations with Brenda, since it was only 20 one day a month, they were totally subservient to the 21 weather. So people -- the market days that Brenda 22 Hughes organized was drawing people from all over the 23 state. And they would make the long trip to come here 24 to sell their goods on market days and if it was rained 25 out, it was a kind of a disaster for them. So the Court 20 1 may have wanted them to move. But they were -- I'm 2 assuming speaking correctly? 3 MS. HUGHES: That's correct. With the 4 unpredictable weather, and a lot of the vendors had 5 canopies and stuff, and those canopies no matter how 6 well they were weighted down were blowing out in the 7 road and hitting vehicles. And it just became too 8 unpredictable for us to risk. 9 COMMISSIONER BELEW: My question though, 10 Joe, are all of these people Kerr County residents, all 11 of these vendors? 12 MR. MARTIN: They're going to be Kerr County 13 and the surrounding counties. Certainly Kimble, 14 Kendall, Bandera County. But yeah, it will be, you 15 know, drawn from the Hill Country. 16 COMMISSIONER BELEW: So then that puts it 17 sort of in the same category that Commissioner Letz was 18 talking about. You have -- you're drawing people in, 19 it's more of a tourism thing than a local economy thing. 20 If you have local growers, vendors, that's 21 one thing. If you have people coming in from other 22 counties, then it becomes a little bit different issue. 23 Kind of like when we had car shows here, which we put a 24 stop to. 25 MR. MARTIN: That's correct. But I mean we 21 1 do want to have a market place for folks that I just 2 don't think that we have enough growers in Kerr County 3 to supply a healthy market. 4 My background in markets was -- I was on the 5 Board of Directors and the President for two years of 6 Watauga County Farmers' Market in Boone, North Carolina. 7 We had 60 vendors. We had 15 hundred to 2000 customers 8 come through that market every Saturday. It had been in 9 existence since 1974. And Watauga County Farmers' 10 Market serviced the four contiguous counties. You had 11 to be in either Watauga County, Brooke County, Ashe 12 County, or Grayson County, Virginia to sell there. 13 That's the kind of concept we're looking for. 14 Because we just don't think -- we have one 15 grower that's starting. He actually may be in Gillespie 16 County. He is out Harper Road but he's passed -- he's 17 just passed Tierra Linda. So he may actually be in 18 Gillespie County. 19 The biggest produce vendor that we've been 20 able to recruit so far is Harvest Hills, which is on 21 Highway 16 going towards Fredericksburg, but he's just 22 over the county line, I'm not aware. Now, Don Harris 23 may be able to help us with that with his background in 24 agriculture, I would certainly be talking to him and see 25 if he could find some more produce vendors and 22 1 producers. But so far most of the folks that we've 2 talked to are Kerr County located. 3 MRS. STEBBINS: May I make a statement, not 4 as your County Attorney, but as somebody who's been 5 watching local government for a little while? If you 6 put community as in surrounding county people down here 7 once a month or once a week, however long they've been 8 doing it, I don't know anything about what their 9 organization looks like, but then they're also going to 10 touch all of our local businesses downtown. People are 11 going to necessarily wander that direction or that 12 direction, and go get food, or shop, otherwise, it would 13 benefit our local folks, too. Even if they're coming 14 from Kendall or Gillespie. 15 MR. MARTIN: Yeah. One of the things I did 16 as the president for Watauga County Farmers' Market is 17 nobody ever counted the number people that have attended 18 the market before. And unless you have a gated event 19 with tickets, then you get a real good count. But if 20 you have an open event for people coming and going it's 21 hard to count people. So I came up with a method where 22 I had two people with little clickers would count, and 23 they would walk the market every hour on the hour, and 24 count everybody that was there. It's not scientifically 25 correct, but it gave us a pretty good idea. 23 1 But we also contracted with Appalachian 2 State University and conducted a survey over a three 3 month period where we surveyed people that came into the 4 market, just to do exactly what Miss Stebbins was 5 talking about. 6 What do you do when come to the market? How 7 much money do you spend at the market? How much money 8 did you spend elsewhere, because you can't normally, you 9 can't quite get everything -- all of your groceries. 10 Certain times of the year Watauga County 11 Farmers' Market, you could get all of your grocery items 12 from meat to vegetables to fruit to goods. That will be 13 our goal here. At certain times of the year here you 14 could actually make your groceries. 15 But they also went to restaurants, they went 16 to other grocery stores. They went to -- they spent a 17 good bit of money in the town where the farmers' market 18 was located. And we certainly anticipate that would be 19 the same thing, that there would be a great deal of 20 extra money spent for other businesses in downtown 21 Kerrville and in the County. 22 COMMISSIONER BELEW: This is the thing 23 that's been going on on Fridays over here, right? 24 MR. MARTIN: That's right. 25 COMMISSIONER BELEW: Just wanting to move 24 1 the venue -- 2 MS. GRAHAM: No. 3 COMMISSIONER BELEW: -- and the date? 4 MR. MARTIN: No. 5 COMMISSIONER BELEW: Not the same thing? 6 MR. MARTIN: No. 7 COMMISSIONER BELEW: This is something new? 8 MR. MARTIN: Yes, this is something new. 9 We're not replacing the Kerr County -- Kerrville Farmers 10 Market. We're not replacing them. 11 COMMISSIONER BELEW: When I talked to you 12 before and we talked about this, Joe, I was under the 13 impression that because of what's happening over here at 14 the old Schreiner Mansion, turning it into a museum, 15 that event had to move, and that this is that event? 16 MR. MARTIN: We're not affiliated with that. 17 I she Miss Graham's here. We're not affiliated with the 18 Kerrville Farmers Market, you're absolutely correct. 19 The museum is going to be under construction sometime in 20 2022, and that farmers market will not be able -- is my 21 understanding, will not be able to operate at that 22 location once the construction starts on the museum. So 23 they'll have to move somewhere. 24 And I've asked Kayte if she's in 25 conversations with the library to move somewhere on the 25 1 Library grounds, I don't know for sure. I'm sure she'll 2 be happy to -- 3 COMMISSIONER BELEW: So we'd have two of 4 these competing? 5 MR. MARTIN: They actually won't be 6 competing. If you have them on two different days, if 7 we had it on Friday evening, that would certainly be in 8 competition. 9 But like for instance, we sold at the 10 Watauga County Farmers' Market in Boone on Saturday 11 morning, and we sold at the Blowing Rock Farmer's Market 12 on Thursday afternoon. So a lot of vendors will go to 13 two different farmer's markets. Some of them will make 14 three farmer's markets. 15 It's hard to make a living on a farm or any 16 other producer if you don't have a little bit of 17 supplemental income. Typical rule is if you're a 18 farmer, one of the couple's got a work off the farm 19 somewhere and bring in some income. 20 Typically, at Watauga County Farmers' 21 Market, we were classified as a small to medium vendor, 22 and we would sell on the Saturday morning seven hundred 23 to a thousand dollars worth of produce. And we were 24 totally produce producer. 25 There were a couple big vendors there that 26 1 will sell 2000 and more on a Saturday morning. And 2 that's the goal is to get it to where the vendors can 3 actually almost make a living at this market. And then 4 if they make a subsequent market, even if they make like 5 a Friday market, would be an ideal situation for them. 6 Make a Friday market and then a Saturday market. 7 COMMISSIONER HARRIS: I'm hearing input from 8 both sides, you know, a little apprehension. And then a 9 lot of good things that could happen from it. 10 How about considering it doing it on a trial 11 basis right off the bat for about three months and see 12 how it goes. I'd be willing to move that we do that. 13 JUDGE KELLY: Is that a motion? 14 COMMISSIONER HARRIS: Yes. 15 JUDGE KELLY: Got a motion for a three-month 16 trial period. 17 COMMISSIONER BELEW: I'll second that. 18 JUDGE KELLY: Got a motion and a second. Is 19 there any discussion? 20 COMMISSIONER LETZ: Just a comment. And one 21 of the reasons that we moved or wanted the market days 22 moved is that we're offering a free venue here, when 23 your paying -- when we're trying to make money on County 24 owned facility that has this type of space available. 25 Both at the River Star which is more of an outdoor type 27 1 market with a covered canopy and an indoor. And that's 2 part of the reason, that's my hesitation. But the 3 concept I like. But here we are. We have an agreement 4 to operate a facility that we charge for, and then here 5 is a free venue -- 6 MR. MARTIN: We weren't asking for it for 7 free. We're not asking for it for free. We understand 8 that the county charges a fee to use these grounds. The 9 Kerrville Farmers Market gets their site for free. They 10 get their Port-o-Johns for free. They get their traffic 11 control for free, all supplied by the City. 12 We're not asking for a handout. If there's 13 a fee associated with using the courthouse, we are 14 certainly willing to pay that fee. If we cause damage 15 to the courthouse grounds then we stand ready and 16 willing to repair any damage that we caused. 17 Now, the three month -- 18 JUDGE KELLY: And do I understand that you 19 are insured, liability insurance? 20 MR. MARTIN: That's correct. We would have 21 a one million dollar comprehensive general liability 22 insurance. We would name the County as additional 23 insured on that policy. 24 JUDGE KELLY: We got some others that want 25 to speak on this. So, Joe, if you would? I got on my 28 1 list here Julys anyone gram. Is that correct? 2 A. Yes. Good morning gentlemen. Thank you. My 3 name is Justin W. Graham. I reside at 542 Kelly Street, 4 Precinct 2. My wife is Kayte Graham. She is the 5 Director of the Kerrville Farmers Market downtown and 6 has been since the formulation in 2017. 7 We are business owners in Precinct 2. We 8 are regenerative producers. That means we raise protein 9 on a rotational pasture management with the aim of 10 restoration. That's native grass lands, native species, 11 diversification for landowners and for ourselves. We 12 have been doing that since 2015. And we are producers. 13 We produce poultry, we produce pork, high protein cuts 14 that we do sell every Friday at the Kerrville Farmers 15 Market downtown. 16 Now, the reason we wanted to create 17 Kerrville Farmers Market and it's origin was a little 18 bit of marketing for our farm business. As you all 19 might understand agriculture is tough, and especially 20 today. It's not like it was 40 years ago growing corn 21 and cotton in Uvalde County, or even Hale County. We 22 manage that together, and my wife who's very much into 23 the nutrition and food side, the culinary enrichment of 24 community is really what began the Kerrville Farmers 25 Market downtown. And we actually came to this Court for 29 1 the same reason, but fortunately we were sent by this 2 Court to the the City Hall here for Kerrville. 3 And so from that, we've developed a market 4 that has formulated itself, and always has had a Board 5 of directors and members, whose goal is to help build 6 that local economy around food and local ag producers in 7 this county and in this region. 8 Now being a farm business where we -- this 9 is what we do. We're dedicated and directly involved. 10 There's no other business for us, for my house at 542 11 Kelly Street. We do this professionally, and we do it 12 in a way that reaches out in a tri-county area. So 13 that's Kendall and Gillespie and Kerr. This is our home 14 base. 15 And so we do markets as that farm business, 16 Zanzenberg Farm is the name of our business. We named 17 it after the origin of Center Point historically. We 18 didn't choose our last name because we wanted to be true 19 for what came before us. So we have a real good pulse 20 on local food economies in this region of Texas, 21 stretching down into even Bexar County. As far as the 22 metropolis, a farmer's market that exists there. 23 And part of the reason where and why we're doing 24 the Friday market is because many of the food producing 25 vendors in this local 20 mile radius of this courthouse 30 1 have commitments other places Saturday morning. 2 Pearl has a Saturday morning market, and 3 it's a metropolis. They have three to five thousand 4 people going through there. These farm businesses that 5 are like us make money on Saturday morning there. 6 Boerne, another one, Cibilo Nature Center, 7 they have traffic. There's a high professionals that 8 support food producers such as ours that aren't 9 conventional. Okay. 10 And so that's -- those are -- 11 Fredericksburg is a little bit different story. They 12 have a little different schedule. These other ones are 13 a year round market. And so when we were digesting all 14 of this five years ago as a business in Kerr County, a 15 farm business in Kerr County, we analyzed that, and we 16 chose the Friday evening market as a way to begin the 17 longer visions of the Kerrville Farmers Market downtown, 18 which was to become a philantrophy effort in 19 agriculture. Again culinary, to help support our 20 community -- local community. 21 Just a few other items, and then I will be 22 done speaking here. We are already a weekly year round 23 procedure's market. We were established in October of 24 2017 through wide and consistent community support. 25 The Kerrville Farmers Market downtown has 31 1 created a new local food economy connecting farmers, 2 ranchers and other family production operations within a 3 roughly 50 mile radius directly to consumers in 4 Kerrville. 5 The Kerr County Market Days, now this has 6 already been mentioned, but it has been around for a 7 little while. It's held monthly at the Ag Barn and it 8 did operate here for 14 years prior to that. 9 Now, our Kerrville Farmers Market downtown 10 board supports any and all efforts that would 11 effectively strengthen, which is the key word, 12 strengthen, communities food sovereignty and local food 13 security; however, our Board questions the need for this 14 proposed market, and questions the motives behind it. 15 We don't feel that this proposed market will 16 compliment the well established producers and vendor 17 market already operating in Kerrville. It's a little 18 bit divisive. We feel that this Court's support of an 19 operator that is coming to the table -- these vendors 20 have come before you were our vendors. And they 21 separated from us in a sense to just subjugate. 22 So finally we just do not feel that the 23 community of Kerrville at this time could support a 24 third market between market days and already weekly 25 Friday markets. We have to build up these groups of 32 1 individuals in order for it to be food; otherwise we're 2 going to have another craft market, which already 3 exists. 4 And we've been very close to the chest with 5 that because we have a focus, and that is food 6 producers, agriculture in Kerr County, in Kerrville. 7 COMMISSIONER LETZ: Quick question. 8 MR. GRAHAM: Yes, Sir. 9 COMMISSIONER LETZ: You mentioned this, I 10 just don't remember. Did y'all come to us -- 11 MR. GRAHAM: Yes, Sir. 12 COMMISSIONER LETZ: -- before you went to 13 the City? 14 JUDGE KELLY: They came. It was sometime 15 ago. But I remembered -- I remember talking to you. 16 MRS. GRAHAM: Yes. 2017, we were here. 17 JUDGE KELLY: I was sitting in the blue 18 seats. 19 COMMISSIONER LETZ: Because I think the 20 reason we said no was the same that I brought up today. 21 MR. GRAHAM: Yes, that's correct. Happily, 22 and we appreciated it. We always smile when we think of 23 you guys and your direction, because you gave us the 24 direction that ultimately established the relationship 25 that we have today. And all of our producers that I 33 1 know of are Kerr County residents, few of them are 2 within the City limits; however, the unity that that has 3 created from, you know, as people in the county to 4 centralize the City of Kerrville is fascinating. 5 The AC Schreiner Mansion is absolutely 6 beautiful and will be even greater past next year. And 7 so we're excited about what that means for a market as 8 it connects to Trail Head, the bicycle trail throughout 9 Louise Hays Park, and what that will mean for a flow 10 throughout the City and the County. 11 COMMISSIONER BELEW: Now, where is this 12 market going to move while they're doing the 13 construction? 14 MR. GRAHAM: Well, we will be having a 15 meeting in the coming days with City Manager, E. A. 16 Hoppe to discuss what we will need to do. We have 17 flipped before, and just held in -- on the library 18 campus on the west side of the library. 19 While we briefly held it at the Dallas 20 Daughtry Boardwalk Pavilion in the beginning days 21 because they were repaving some of the surfaces at the 22 mansion so that there wasn't a slip and trip hazard 23 there, so a little bit of public safety work. 24 So that seems like it's going to be a very 25 easy -- and it won't have to go very far. And you know, 34 1 for five years we've held this market, it's known. One 2 of the greater efforts and active efforts in our 3 marketing. 4 But you know, on the terms of like new 5 vendors and more vendors, we're actively a business that 6 keeps our fingers on the pulse of what these local 7 counties are doing in this region. And so there's an 8 active recruitment that happens there to help build that 9 here in this community. 10 JUDGE KELLY: Thank you. 11 MR. GRAHAM: That's all I have, gentlemen. 12 Thank you very much for your time. 13 JUDGE KELLY: Any other discussion? 14 MRS. STEBBINS: I have a couple of 15 questions. The application isn't in the backup. I 16 think Jody -- 17 JUDGE KELLY: She's not here today. 18 MRS. STEBBINS: Yes. That they had had an 19 application, and so part of that is it would be defined 20 as a special event under our policy requiring a million 21 dollars special event insurance, and then a deposit and 22 a charge would be required. Our policy doesn't say what 23 those are, so you would have to set that. 24 And part of what you could do if you're 25 going to approve this for the trial period is restrict 35 1 times and locations on the courthouse grounds. So those 2 are all things you'll want to consider. And I don't see 3 the application in the backup, but that doesn't mean 4 that it wasn't submitted. 5 MR. MARTIN: Yes, the application is in. We 6 haven't specified exactly which portion of the grounds, 7 but I would envision using the front portion of the 8 parking Lot with the tents set up there. The vendors 9 would come in early, you know, starting about 7 o'clock 10 get it set up to be ready to open and start selling at 11 about 8 o'clock. 12 JUDGE KELLY: You refer to front of the 13 courthouse. You talking about that end? 14 MR. MARTIN: That -- I get turned around 15 easy. Sally and I are producers as well. Not on the 16 scale we used to. We used to have a 60-acre farm, all 17 certifiable organic. We now have a much smaller 18 operation, but we're still producing a good bit. We'll 19 be one of the producers at the market. Until I can find 20 someone to take my job, I'll be the market manager. But 21 you know it's one of -- get that two thousand dollar an 22 hour law practice. 23 And we would be willing to accept the three 24 month trial period, and we would do our best to make 25 ourselves good neighbors. And yet we do not view 36 1 ourselves as competition for Friday market here in 2 Kerrville. I think they can both co-exist, and -- 3 JUDGE KELLY: It might actually enhance the 4 market all together. 5 MR. MARTIN: That's true, and -- 6 JUDGE KELLY: So the producers have two 7 opportunities to sell their products. 8 MR. MARTIN: Two opportunities to not have 9 to drive to San Antonio or somewhere farther. So that's 10 exactly our thinking as well. Also we would -- 11 apparently the San Antonio market, there's been some 12 changes made that the vendors used to be able to drive 13 in, unload and get set up, and now they have their -- 14 and I don't know for sure if the Graham's sell at San 15 Antonio over at the Pearl, but they also charge you for 16 parking over there, so looks like their customer count 17 is down so there may be some folks that are going over 18 there that might be quite willing to not go to the Pearl 19 on Saturday morning. So we're hoping to draw some of 20 those folks back into Kerr County and sell at this 21 market. 22 So if there's no further questions, we would 23 agree to a three-month trial period, and do our best to 24 make ourselves good neighbors. 25 COMMISSIONER HARRIS: I've heard -- my wife 37 1 in particularly talk. She loves to go on Friday. But 2 she works, and she gets home. She's probably -- still 3 make it, but she's tired. So I think she would welcome 4 a Saturday. And I think that would be a little bit 5 different clientele to some extent to what y'all have on 6 Friday with a Saturday opportunity for these people. So 7 that's my two cents on that. 8 If we were to do that, what date were you 9 thinking in March, what Saturdays, did you have one 10 already set? 11 MR. MARTIN: Let me look at my calendar. 12 MRS. DOWDY: Three month trial effective -- 13 COMMISSIONER HARRIS: Yeah. It would be 14 March, April, May if we did it? 15 MR. MARTIN: Correct. 16 COMMISSIONER BELEW: I want to hear from the 17 County Attorney again. 18 MRS. STEBBINS: Okay. 19 COMMISSIONER BELEW: Would you recite back 20 what you said a moment ago. 21 MRS. STEBBINS: So according to the county's 22 policy for use of the courthouse grounds, it would be 23 considered a special event. And part of that y'all have 24 required one million dollars special event insurance 25 that would cover anything that happens on the courthouse 38 1 grounds at the time. Y'all would have to set a deposit 2 if you're going to charge for it. 3 And you -- and part of the reason, I think 4 that it was denied from the Kerrville Farmers Market 5 several years ago, Jonathan's right. I remember that 6 conversations with we have a new agreement with Spectra 7 out there. Back then we did, and were charging people 8 to do those events. 9 So you'll have to consider what that would 10 be, and that might be -- I don't even have any idea 11 about what to suggest, but might be something you talk 12 about with Jake and so it's not really competing -- I 13 don't know. 14 But you could restrict placement, you know, 15 for a particular corner. I don't know how big it would 16 be, but you could restrict times as well. And any 17 agreement, whether it's a trial period or, you know, a 18 year agreement, they would be -- priority would be given 19 to the annual courthouse grounds list that Jody keeps. 20 I don't think I have a copy of that attached to my 21 policy. But it's become part of the policy that she 22 keeps an annual list. 23 COMMISSIONER HARRIS: So -- 24 COMMISSIONER BELEW: Let me finish. I still 25 have a problem with what you told me, Joe, on the phone 39 1 that this was the Friday event moving. And I don't 2 think that you -- either I misunderstood you, or you 3 told me something that isn't quite right. 4 MR. MARTIN: Well, as I recall our 5 conversation, I did advise you that the Schreiner 6 Museum's going under construction in early 2022, and the 7 Farmers Market, the Friday Market, was going to have to 8 move. They didn't know where they were going to have to 9 move to. We actually had a sit down -- 10 COMMISSIONER BELEW: But you made this sound 11 like this was a continuation of that. They need a new 12 place to move. That's what I got out of that 13 conversation. 14 MR. MARTIN: This is a different -- 15 COMMISSIONER BELEW: Well, that's not what I 16 heard. 17 MR. MARTIN: Well, I apologize for that. 18 COMMISSIONER BELEW: And I offered to put it 19 on the agenda for you once you came to a conclusion 20 about what you wanted to do. 21 So I'm going to withdraw my second, because 22 I don't think this has been represented properly. And I 23 don't think that we have any policy in place, and we're 24 going backwards here. Because we stopped car shows and 25 all kinds of stuff here, vendors from coming on 40 1 Saturdays, several years ago. I've been on the Court 2 since 2016, but sometime since then. 3 So I don't like the position I'm put in here 4 when I get this kind of information, so I'm withdrawing 5 my second. 6 COMMISSIONER HARRIS: Joe, have you looked 7 at River Star or anything like that? 8 MR. MARTIN: Where? 9 COMMISSIONER HARRIS: River Star facility 10 out there at the Youth Center? 11 MR. MARTIN: No. Consideration for locating 12 a farmers market is visibility. That is certainly -- 13 COMMISSIONER HARRIS: I understand that. 14 MR. MARTIN: Yeah. That's certainly 15 somewhat visible, but not as visible as the intersection 16 of Junction Highway and Sidney Baker. So that would 17 be -- and again I apologize if I misled you. I didn't 18 mean to. 19 COMMISSIONER BELEW: Well, I'm not saying 20 you did. I'm not accusing you of anything. 21 MR. MARTIN: But clearly, the Kerrville 22 Farmers Market is going to have to move and it may be a 23 short move around the corner to the parking lot of -- 24 COMMISSIONER BELEW: Personally, I would 25 have left that out of the conversation because it has 41 1 nothing to do with your event. Bringing that into the 2 conversation moves it along with me thinking that. I 3 would have not done it that way with somebody to try to 4 communicate. I've got a brand new thing here. Why 5 mention that at all. Why mention the Friday thing at 6 all in our conversation if this doesn't have anything to 7 do with it, so I don't appreciate that. That was -- 8 that's not the way to present it. 9 MR. MARTIN: I apologize. 10 COMMISSIONER BELEW: You already did and I 11 accept. I'm not accusing you of anything. I could have 12 easily made that jump in my mind. I don't want to 13 support it. 14 JUDGE KELLY: We have a motion. 15 COMMISSIONER BELEW: And I've withdrawn my 16 second. 17 JUDGE KELLY: And so at this point I will 18 ask is there a second to the motion? 19 COMMISSIONER HARRIS: I'd highly recommend 20 looking at River Star. I know the visibility 21 difference. But these guys have made it work at the 22 other event where there's is, and it's not real visible. 23 But through advertising and word of mouth, and 24 everything, I think it would work for you. 25 COMMISSIONER BELEW: And I suggested the 42 1 Union Church and the River Center to you. 2 COMMISSIONER LETZ: Yeah, Union Church would 3 be a good option. I just don't -- when we set policy, 4 we can certainly change it. But it's just -- going down 5 one road, and I'd hate to change things. 6 COMMISSIONER HARRIS: I agree. 7 JUDGE KELLY: So we don't have a second. 8 But I think it's a great idea, Joe. Looks like 9 courthouse grounds is probably not the place you're 10 going to be able to do it. So let's look for something 11 else. 12 MR. MARTIN: All right. Thanks for your 13 consideration. 14 JUDGE KELLY: Moving on to item 1.2, which 15 is consider, discuss and take appropriate action to 16 appoint Albert Martinez to the Emergency Services 17 District #1 to replace Tim Hutchton. Is he here? 18 COMMISSIONER HARRIS: Yes, Albert's here, 19 and I'm getting -- did we get a -- Heather. 20 MRS. STEBBINS. Yes. Yes. I'm sorry. 21 MRS. DOWDY: I'm waiting for a motion and a 22 second and then I'm going to hand the statement and then 23 the oath. 24 COMMISSIONER HARRIS: Anyway. Albert 25 Martinez is one of our up and coming young leaders in 43 1 our community, Ingram grad. When I was there, and I've 2 watched him grow in this community, he has his own 3 business, Cypress Roofing, and has taken off. He's 4 supporting our -- everybody in town it seems like with 5 his checkbook. And I wanted him to do this -- do this 6 for us and he accepted. And told him not to open his 7 checkbook for this community support. 8 So I move that we appoint Albert Martinez to 9 our vacancy on ESD #1 to replace Tim Hutchton. 10 COMMISSIONER BELEW: I want to add one more 11 thing. He does a real good job at doing his own radio 12 ads. And not everybody can do that. 13 JUDGE KELLY: I'll second it. 14 We got a motion and second to appoint Albert 15 Martinez to ESD #1. Any discussion? Those in favor 16 raise your hand. Unanimous, five zero. Please come up. 17 MRS. DOWDY: He needs to sign that one 18 first. 19 COMMISSIONER HARRIS: Albert, we need to get 20 you to sign this one first. And Heather, do you mind 21 taking a picture of the swearing in? 22 MRS. STEBBINS: Absolutely. I'll share it 23 with -- 24 (Albert Martinez was sworn in.) 25 JUDGE KELLY: Next item the agenda is 1.3 44 1 consider, discuss and take appropriate action to approve 2 a Resolution honoring Lee Behrens. 3 SHERIFF LEITHA: Yes. Good morning, Judge 4 and Commissioners. Yeah, Judge, before I ask you to 5 read the Resolution honoring Lee Behrens, I'd like to 6 say a couple words. Lee is retiring, and he actually 7 brought to my attention today is his 36th year 8 anniversary actually today. It's pretty neat what I 9 want to say. It's pretty amazing to be in law 10 enforcement 36 years, much less be in one office 36 11 years. 12 Lee's going to be well missed and a lot of 13 his staff is here today. Like I said before you know, 14 we can replace his position, but we can't replace Lee. 15 He's one of the original ones, and I just want to say 16 really appreciate what he did. I thought he was going 17 to stay with me for 2 years. We kind of negotiated but 18 he needed to do what's best for him and this is what's 19 best for him at this time. And I really appreciate it. 20 And Judge, I ask that you read the Resolution. 21 JUDGE KELLY: Just go to the podium. And 22 I'm going to require you to listen to what I read. 23 OFFICER BEHRENS: Yes, Sir. 24 (Resolution read by Judge Kelly.) 25 JUDGE KELLY: You know what I need to do. I 45 1 need to make the motion to approve this resolution, and 2 I need a second. 3 COMMISSIONER BELEW: I second. 4 COMMISSIONER LETZ: Second. 5 JUDGE KELLY: I made the motion and you 6 seconded, Commissioner Belew. So come forward. All 7 those in favor raise your hand. 8 (Photos being taken.) 9 JUDGE KELLY: It's kind of an interesting 10 morning. We have some 9:30 events, which are about 30 11 minutes past due. Let's do those real quick. We'll 12 take a break and come back for the ten o'clock events. 13 Item 1.9, which is consider, discuss and 14 take appropriate action to modifications to the 15 agreement with Hill Country District Junior Livestock 16 Show Association. 17 COMMISSIONER LETZ: I know that I mentioned 18 it once before, or everyone probably knows, that there's 19 been a little bit of change the way the stock show was 20 operated this year and maybe into the future, that's 21 unknown, but there will be a Kerr County Show that the 22 Hill Country Junior District Livestock Show will be 23 operating, and then they'll be a Hill Grandstand Show 24 that will be operated by a separate board of directors. 25 We currently have an agreement with the Hill 46 1 Country Junior District Livestock Show Association that 2 reserves the entire month of January for them for their 3 use. And the Grandstand Show, or a portion of the 4 Grandstand Show, which I think is on the 17th of 5 January, will be held here, but not the entire event. 6 I met with the County Attorney, and we 7 recommend that there be -- we add some language that 8 after it says the entire month, except during such times 9 as mutually agreed between the Hill Country Junior 10 District Livestock Show Association, and Spectra. That 11 way they could release those events. It's kind of been 12 done a couple of times in the past with other events, 13 but it makes it clear, that if those two respective 14 events and they and Spectra agree. 15 And at the same time, the next agenda item. 16 But Grandstand Show will enter into an agreement with 17 Spectrum for the use of the facility. It will not be 18 part of the Hill Country Junior District agreement with 19 the county at all. They'll have their own separate 20 agreement with -- 21 COMMISSIONER BELEW: With Spectrum. 22 COMMISSIONER LETZ: -- with Spectrum. Just 23 like any other event or entity that wants to use that 24 facility. Next year, we may look at something a special 25 agreement if needed, but this year they'll just be 47 1 operating under the regular agreement with Spectrum and 2 pay the fees accordingly. Or actually we're waiving the 3 fees under the next item. 4 But I make a motion that we add the language 5 that I read as an amendment to the agreement. 6 COMMISSIONER BELEW: Second. 7 JUDGE KELLY: Of a motion and second to 8 approve the amended language with the contract with the 9 Hill Country Junior District Livestock Show Association. 10 Any discussion? Rusty, any comments? 11 UNIDENTIFIED MAN: No, Sir. 12 JUDGE KELLY: You agree, right? 13 UNIDENTIFIED MAN: Yes, Sir. 14 JUDGE KELLY: Good. Those in favor raise 15 your hand. Unanimous. 16 The next 9:30 item is 1.10 consider, discuss 17 and take appropriate action to waive fees of the Hill 18 Country Youth Event Center for the Hill Country -- the 19 Hill District? 20 COMMISSIONER LETZ: That's what it's called. 21 JUDGE KELLY: The Hill District Grandstand 22 Show, and request assistance from the Maintenance 23 Department and Road & Bridge with show setup. 24 Commissioner Letz. 25 COMMISSIONER LETZ: As I mentioned, the 48 1 new -- I guess, like the new District show, the name is 2 the Hill District Grandstand Show, a bit hard to say, 3 but it's the name they chose. 4 The hog show and the Ag Mech would be held 5 in Kerr County. I believe the beef portion will be in 6 Kendall County, and the goats and lambs will be in Llano 7 County. And then the actual sale event will be in 8 Gillespie County. That's kind of the way they broke it 9 down. 10 But it'll be the week of the -- I think it's 11 the 17th of January. Anyway, this year first year going 12 into it. Really just felt that, you know, we needed to 13 give it permission or request that Maintenance and Road 14 & Bridge assist with the show setup, as they have for 15 the District Junior Livestock Show in the past. 16 I'll mention that the Director of the new 17 Hill District Grandstand Show was -- is Brian Compton, 18 who's a local. And was, I guess, Vice President of the 19 Hill Country District. They're working together. 20 So anyway, I'll make a motion that we 21 authorize Maintenance and Road & Bridge to help set up 22 for the Hill District Grandstand Show and waive all 23 fees these for the use of that facility. 24 COMMISSIONER BELEW: Second. 25 JUDGE KELLY: Got a motion and a second. 49 1 Any discussion? Those in favor raise their hand. 2 COMMISSIONER BELEW: Wait a minute. So I'd 3 like to know a the bit more about the organization. It 4 benefits our Kerr County kids. 5 COMMISSIONER LETZ: Uh-huh. 6 COMMISSIONER BELEW: And -- 7 COMMISSIONER LETZ: It's basically the exact 8 equivalent of the District area before. The Directors 9 are primarily made up of Kerr, Gillespie, Kendall and 10 maybe Llano, I'm guessing, out of those counties. But 11 it's the same geographic area as the District Livestock 12 Show previously has been. 13 COMMISSIONER HARRIS: Right. Just kind of 14 changed the name and some of the players and what have 15 you, but it's good. Rusty, nothing's being held in 16 Gillespie County -- 17 UNIDENTIFIED MAN: Say again. 18 COMMISSIONER HARRIS: -- just the sale. 19 UNIDENTIFIED MAN: Just the sale. 20 JUDGE KELLY: This is really a consequence 21 of COVID, and what we had to do last year. And what we 22 learned is that we can have these District stock shows 23 in multiple locations, and so this is just a 24 complication of the boots on the ground experience that 25 what we had last year. 50 1 COMMISSIONER HARRIS: And mass gathering and 2 what have you. 3 COMMISSIONER LETZ: And the other benefit. 4 I think last year, and I think going forward from what 5 I've heard is, you know, it's always been a little bit 6 of a burden on businesses primarily of Kerr County to be 7 at the sale, because they were -- most of the bids were 8 by Kerr County businesses. 9 COMMISSIONER BELEW: And shouldering the 10 whole thing. 11 COMMISSIONER LETZ: And shouldering the 12 whole thing. Now it will be spread out. And I think 13 last year they found out there's a Lot more businesses 14 from these other counties went to the sale. And I think 15 that's the same, I talked to a person -- or some people 16 that are involved with the fund raising of the Hill 17 District Grandstand, and it's working. 18 JUDGE KELLY: And help the kids. 19 COMMISSIONER BELEW: Well, I've had a lot of 20 people ask questions about it, and they were unclear on 21 it so it's good to air all this out so that people know 22 and will continue to support it. And I know that events 23 got moved to places where they didn't have the same 24 restrictions that we had in this one and that one, and 25 so on. So that makes sense. 51 1 JUDGE KELLY: And so that the public knows. 2 Steve Bauer and I had extensive conversations last year 3 about what to do about the stock show. And I can tell 4 you that the Association went over backwards to try to 5 keep everybody safe, and come up with a way to make this 6 not only safe, but more profitable for the kids. So 7 hats off to the Association and what you're doing. 8 Those in favor raise your hand. Unanimous. 9 Thank you. I want to do one more before we break, take 10 a five minute break, and that's -- I got Constable Rider 11 here. I know he wants to get this over with. We've 12 been doing this for months. 13 1.4 consider, discuss and take appropriate 14 action to approve the lease agreement with Enterprise 15 Fleet Management for Constable Precinct 4 vehicle, which 16 is a 2022 Dodge RAM. Good looking truck. Constable 17 Rider. 18 CONSTABLE RIDER: Yes. Ask the Court to 19 allow the Judge to sign the agreement related to this 20 lease. But before I do that, I need to tell you -- like 21 you said dealing with this for months. You approved 22 last year or this year's budget to get the truck. Well 23 things have changed. 24 And that meaning with the leasing company, I 25 told them let's get the truck, it's approved. Well, we 52 1 can't. Why not? Well, this is what I learned. There's 2 a new edition and there's a classic edition of a truck 3 in the RAM world. So the new edition they can't get 4 because RAM is not allowing them to have a rebate. The 5 rebate was based on the price that they'd given to us 6 and that you approved. 7 So that being said, when they found out they 8 could still get the rebates on the classic truck, which 9 is not really a classic, it just looks the same, but the 10 price changed. 11 JUDGE KELLY: Marketing world, right? 12 CONSTABLE RIDER: And during arguing with 13 all this or finding all this out, the camera in the 14 existing truck has now failed. It fails to work. So I 15 asked them about putting a camera in the new truck, 16 which they can do. That changes the original quote that 17 was given based on 48 months with 51409 to an existing 18 48 months of 78966. That being said, the truck won't be 19 delivered until sometime in May we hope. 20 I talked to the Auditor, and she did some 21 numbers checks, and the existing budget will still pay 22 for the remainder of the truck when that truck is 23 delivered at that price. 24 COMMISSIONER BELEW: But you won't have any 25 toilet paper for the rest of the year. 53 1 CONSTABLE RIDER: Exactly right. I'll have 2 to go see Ragsdale and see if I can borrow his. 3 COMMISSIONER BELEW: Going to steal it from 4 him. 5 JUDGE KELLY: You gotta listen to him. 6 CONSTABLE RIDER: I know. 7 COMMISSIONER BELEW: You're on YouTube you 8 know. 9 CONSTABLE RIDER: He's my friend. I listen 10 to him. 11 JUDGE KELLY: County Auditor, we're good? 12 MRS. SHELTON: Yes. The budget will be 13 sufficient with the delivery in May. 14 COMMISSIONER HARRIS: I move for approval. 15 COMMISSIONER BELEW: Second. 16 JUDGE KELLY: Got a motion and a second to 17 approve the lease of Constable four -- Precinct 4 18 Constable Dodge RAM truck. Any discussion? Those in 19 favor raise your hand. Unanimous. You're good, Brad. 20 Let's take five minute break. We'll come 21 back and take the ten o'clock items. 22 (Break.) 23 JUDGE KELLY: Come back to order. As a 24 matter of courtesy I'm going to call 1.5, which is not a 25 ten o'clock item. That is consider, discuss and take 54 1 appropriate action to approve the qualitative incentives 2 for 2021 for the Global Spectrum L.P. d/b/a Spectra 3 Venue Management Agreement for the Hill Country Youth 4 Event Center. 5 Get Jake out of here and get back to work. 6 So, Jake -- 7 MR. WILLIAMSON: Appreciate it. 8 COMMISSIONER LETZ: I'll start this. 9 Shouldn't take too long. Every year we have an -- and I 10 handed it out, the scribbled piece of paper to everyone. 11 I guess I put it right there. 12 JUDGE KELLY: I got it. 13 COMMISSIONER LETZ: Last years and 14 handwritten to the side of the current recommendations 15 that I have. Anyway, just for the public, there's 15 16 thousand dollars total under five different categories 17 that we -- it's in the budget. The money's already 18 there. 19 And based on the performance we can, you 20 know, approve up to all that incentive or part of that 21 incentive. The recommendations that I have results in 22 customer service scores. The score he got back from the 23 people that rent the facility is 4.7 out of five. So 24 they're very happy. 25 The reason it is -- there still is some 55 1 issues between 4-H and the facility, and usage and all 2 of that, so for that reason I recommend that we give 3 2000 of the 3000 for that one. They're working through 4 it. It's just a difficult situation sometimes. 5 On number two, which is quality of food and 6 beverage, we really just don't do a whole Lot. So last 7 year we approved 500, and I recommend we do 500 again 8 out of three thousand. 9 Under repairs and maintenance. Last year we 10 did 2000. You know, the facility, they do a really good 11 job. I recommend we increase that to 2500 out of 3000. 12 Creative sales and marketing, again really a 13 tough year last year. And one of the things that's 14 interesting out there, there was 416 events held out 15 there last year. 251 of them were free, or for the 16 County, mostly for the County. We had a Lot of events 17 out there. Everything from vaccination clinics, the use 18 for HR, the courts used it out there for jury selection. 19 We had court held out there. So anyway, I recommend 20 that on that one, we increase that to 25 hundred. 21 And then last year under control of 22 operating expenses, we went up to three thousand. I 23 recommend we do 25 hundred. We can always make 24 improvements, and to me those are fair. 25 That total is ten thousand out of the 15 56 1 thousand. That's what I recommend to the Court. 2 I went over this with Jake, he didn't seem 3 to have too much heartburn over it. He'd rather get 4 more. But I understand. But I think it's really 5 interesting how much free usage we've used that facility 6 for last year, for lots and lots of events. 7 JUDGE KELLY: And I think it's important for 8 the public to know that, that out of 416 events, 251 9 were underwritten by the County. And that is service to 10 the public. And that's what we're in the business of 11 doing. 12 COMMISSIONER BELEW: Well, and how much 13 revenue does that represent? How much loss of revenue 14 would that represent? 15 JUDGE KELLY: A bunch. 16 MR. WILLIAMSON: Substantial. 17 COMMISSIONER BELEW: Well, that's not a 18 figure. 19 MR. WILLIAMSON: I can get it. 20 COMMISSIONER BELEW: Sounds like my wife 21 after a shopping trip. 22 MR. WILLIAMSON: I can't give you a specific 23 number. We do track other free events. We do a lot of 24 numbers. So we do add up everything from these events. 25 We just kind have a base rental fee that we use for 57 1 those. And I can get you that exact number. 2 COMMISSIONER BELEW: To the Judge's point 3 and Commissioner Letz's point, you know, that is a lot 4 of value for the community. But it also represents loss 5 of income for everybody, so -- 6 COMMISSIONER HARRIS: I will tell you that 7 Jake's dealt a tough hand with that all these free 8 events and stuff. But that first foundation was built 9 with the youth in mind, 4-H and FFA out there. That 10 goes a long way, so that's the foundation. 11 So I know there's some conflicts once in a 12 while. I think it's just a matter of communication 13 sometimes. So keep that in mind. I mean that's what 14 it's for. 15 JUDGE KELLY: And Jake, I'm not complaining 16 about the loss of revenue; I'm complimenting y'all for 17 the great job that you are doing out there in the face 18 of what we're asking you that we underwrite. 19 MR. WILLIAMSON: And I appreciate it. 20 COMMISSIONER LETZ: As a note on that, we 21 still made a profit -- or they made a profit last year. 22 I asked Jake, because I knew we had a very long agenda, 23 normally we would present the financials for the year. 24 I asked him to postpone that off until January because I 25 knew we'd be here a long time today. 58 1 So we'll have the answer to your question, 2 which is a good question, Commissioner. And more 3 details -- 4 JUDGE KELLY: I need a motion and second. 5 COMMISSIONER LETZ: I'll make a motion that 6 we approve the incentives that I recommended. 7 COMMISSIONER HARRIS: Second. 8 JUDGE KELLY: Got a motion and a second to 9 approve the incentives as presented. Any discussion? 10 Those in favor raise your hand. Unanimous. 11 Great job, Jake. Appreciate all you do. 12 Okay, ten o'clock docket. One of those 13 days. Item 1.11 consider, discuss and take appropriate 14 action for the Commissioners' Court approval regarding 15 general contract with JCW Construction, LLC. for the 16 repair of damaged guardrail at the Cade Loop South 17 bridge. Precinct 4. Miss Hoffer. 18 MS. HOFFER: Good morning. Before you is a 19 contract with JCW Construction, LLC. out of Boerne, 20 Texas in the amount of $4,400.00. I've attached photos 21 of the damaged area that needs repair. The contract has 22 been sent to the County Attorney for review. Proof of 23 insurance and form 1295 is attached. I do have a line 24 item, it's 15-612-560 that we have money in order to pay 25 for this. 59 1 So at this time, I ask the Commissioners' 2 Court for their approval regarding the repairs at Cade 3 Loop South bridge in the amount of $4,400.00, and it's 4 in Precinct 4. And I have the contracts that will need 5 the Judge's signatures on them. 6 COMMISSIONER HARRIS: I move for approval. 7 COMMISSIONER BELEW: Second. 8 JUDGE KELLY: We got a motion and a second 9 to approve as presented. Any discussion? Those in 10 favor raise their hand. Unanimous, five zero. 11 Item 1.12 consider, discuss and take 12 appropriate action for the Commissioners' Court approval 13 regarding a general contract with JCW Construction, LLC. 14 for the repair of damaged guardrail at the Lazy Valley 15 Road North bridge in Precinct 4. 16 MS. HOFFER: And I wanted to for the Court 17 record, my submittal, it is in Precinct 3, when Jody was 18 typing the agenda she put that. And Jody had consulted 19 with the County Attorney on that. And just wanted to 20 put in the record that that is in Precinct 3. 21 This is another location with guardrail 22 damage. So again, before you is a contract with JCW 23 Construction, LLC. out of Boerne, Texas in the amount of 24 $10,450.00. I have attached photos of the damaged area 25 that need repair. The contract has been sent to County 60 1 Attorney for review. And proof of insurance, and form 2 1295 is attach. 3 So at this time, I ask ask the 4 Commissioners' Court for their approval regarding the 5 repairs at Lazy Valley Road North bridge in the amount 6 of $10,450.00, and this is in Precinct 3. 7 COMMISSIONER LETZ: Move for approval. 8 COMMISSIONER GIPSON: Second 9 JUDGE KELLY: Got a motion and second to 10 approve the guardrail as presented. Any discussion? 11 COMMISSIONER LETZ: Question. Have you 12 approved the form? 13 MRS. STEBBINS: Yes. 14 COMMISSIONER LETZ: Okay. 15 MRS. STEBBINS: Yes. 16 COMMISSIONER LETZ: Just wanted to make 17 sure. Okay. 18 JUDGE KELLY: I'm pointing at her, she 19 nodded her head, I knew she had. Those in favor raise 20 their hand. Unanimous. Thank you, Miss Hoffer. 21 MS. HOFFER: Thank you. 22 JUDGE KELLY: Item 1.13 consider, discuss 23 and take appropriate action regarding the request for 24 variance to Section 5.06 of the Kerr County Subdivision 25 Rules and Regulations for Creekside at Camp Verde. 61 1 Is Mr. Kolacny -- 2 MR. KOLACNY: Good morning Judge and 3 Commissioners. Ken Kolacny with Matkin Hoover 4 Engineering and Surveying. This is Dan Mullins. 5 MR. MULLINS: Good morning. 6 MR. KOLACNY: So the reason for the request, 7 which we have coordinated quite extensively with 8 Commissioner Gipson. This property is fairly unique in 9 that if you look on your site plan that I provided to 10 you. Pretty much our entire frontage of property, which 11 is on Highway 480 is in the floodplain, so basically we 12 have no unflooded access to the property from Highway 13 480. 14 So therefore, as we're entering the property 15 with a bridge over Verde Creek, the bridge is not able 16 to per line item of the Code meet the codes from the 17 passage of the year flood events, so we are requesting a 18 variance to that. 19 We have, as I mentioned, gone through quite 20 a bit of engineering modelling, using our head grounded 21 software to minimize the impacts. Because one of the 22 other requirements is that we do not raise the hundred 23 year water surface elevation. So when we put the bridge 24 in and the road embankment leading up to it we're not -- 25 that is not allowed to raise the hundred year 62 1 floodplain, so we're not adversely impacting our 2 neighbors or anybody upstream. 3 So we went through quite a bit of extensive 4 analysis to maximize the flow under the bridge while 5 still not allowing that increase. And also on your 6 visual aids there, there is a profile of the road. 7 So one of the things we were able to do was 8 to basically expand the bridge as much as possible, the 9 length of it, the height of it, and the roadway leading 10 up to it. And what you see there is the result of that. 11 But basically what this is showing, if you will look, 12 the flood elevations -- 13 JUDGE KELLY: I'm confused. What are y'all 14 doing here? Tell me what you want to do. 15 MR. KOLACNY: This is Verde Creek Creekside 16 Camp Verde. 17 JUDGE KELLY: I know the subdivision well. 18 MR. KOLACNY: The preliminary plat was in 19 front of you guys a few months ago. And this is 20 basically the entry road into the subdivision. And 21 since the highway and the creek parallel each other, as 22 soon as we come off the highway to access the property, 23 we cross the creek. 24 JUDGE KELLY: Okay. And so what is it that 25 you are asking us to do? 63 1 MR. MULLINS: Let me say something real 2 quick. One of the reasons that we're here for variance 3 is that the rule says the bridge has got to be above the 4 50 year flood storm. But the highway at that point, the 5 highway is under -- how many feet of water at that 6 point? 7 JUDGE KELLY: I know the road well. Yeah, I 8 have a place out there. I know it well. 9 MR. KOLACNY: Yeah, about five feet under 10 water at that -- for the 50 year storm. About six feet 11 with a hundred year storm. 12 JUDGE KELLY: So you don't want to have to 13 build the bridge up five feet higher. 14 MR. KOLACNY: Even if we did build the bride 15 up, we have to transition immediately down. 16 JUDGE KELLY: I got it. I got it. 17 MR. KOLACNY: And that actually was bigger 18 issues with the raising of the floodplain than what we 19 have now, so what you see here is kind of a balance of 20 maximizing that flow capacity of the bridge and not 21 raising the hundred year water surface elevation. 22 COMMISSIONER BELEW: So what was the 23 compromise? 24 MR. KOLACNY: To -- you see there in the 25 profile and -- 64 1 COMMISSIONER BELEW: Yeah. But I want you 2 to say it. 3 JUDGE KELLY: We need to hear it. 4 MR. KOLACNY: Exactly. The low point in the 5 road is basically at the same elevation as the highway. 6 So whenever there's water over the road here for a 25, 7 50 or a hundred year storm, the highway will also be 8 under water at that same point, so basically access 9 would be blocked to the development anyway. So in other 10 words -- 11 JUDGE KELLY: That variance that you are 12 requesting is just merely the elevation of the bridge. 13 MR. KOLACNY: Right. The design capacity of 14 the bridge. 15 JUDGE KELLY: Be the same as the highway. 16 MR. KOLACNY: Correct. Because in order 17 to -- like I said, in order to pass the 50 year storm, 18 the road leading up to it would still be under water 19 anyway, so -- 20 COMMISSIONER BELEW: So it's a new bridge? 21 MR. KOLACNY: Correct. Also another fact is 22 that this bridge right here as it's designed has about 23 60 percent more flow capacity than the existing bridge 24 that's on 480. So it's over designed relative to the 25 TxDOT bridges that are existing. 65 1 JUDGE KELLY: Is that the only variance your 2 asking? 3 MR. KOLACNY: Correct. 4 MR. HASTINGS: And you have a summary that 5 you had submitted and written. I think if you read 6 that, it's only a paragraph, I think that would maybe be 7 more -- 8 MR. KOLACNY: The variance request? 9 MR. HASTINGS: Yes. I think if you read 10 that into the record that would be appropriate because 11 you cover a lot more than what you've just covered now. 12 MR. KOLACNY: I think you're referring to 13 the part about being detrimental to the public, health 14 safety or welfare. 15 JUDGE KELLY: Mr. Kolacny, we can only grant 16 variances under the subdivision rules. 17 MR. KOLACNY: Right. 18 JUDGE KELLY: Under specific circumstances. 19 And this Court is the fact finder of whether or not 20 those circumstances have been met. And we need to hear 21 evidence to support your request. So that's why we're 22 asking you to read this. 23 MR. HASTINGS: Start from the very beginning 24 and read it all. 25 MR. KOLACNY: RM 480 is the only access to 66 1 this proposed development, and Verde Creek runs parallel 2 to RM 480 along the entire frontage of the property. 3 Therefore, any new road into the development must cross 4 Verde Creek to access the property. 5 Since it is not practical to connect to RM 6 480 and span across Verde Creek without affecting the 7 base flood elevation of the creek, that's what I was 8 saying without raising the flood elevation, the variance 9 is necessary to avoid depriving access and use of the 10 property. 11 And then next point is preserve enjoyment of 12 substantial property right of applicant, the various is 13 necessary to preserve the owner's right to access and 14 the use of the property. 15 The next point is, what I was alluding to 16 before, granting of the variance will not be detrimental 17 to the public health, safety or welfare, or injurious to 18 other property in the area. 19 The profile of the proposed bridge and 20 connecting road have been designed to maximize 21 floodwater flow capacity in Verde Creek, while not 22 raising the base flood elevation of Verde Creek. And by 23 not raising the base flood elevation, the requested 24 variance will not be injurious to other property in the 25 area. 67 1 The proposed bridge and connecting road have 2 been designed to the same, or higher, level -- in fact 3 as I mentioned, it's actually much higher. It's 60 4 percent higher level than any public access and public 5 safety during a flooding event as a TxDOT highway 6 accessing the property. 7 The lowest point in the proposed subdivision 8 road will be at approximately the same elevation always 9 the center line elevation of existing RM 480 pavement 10 at its intersection with the proposed road. In other 11 words, at that point we're on a bend so the road has 12 cross slope or super elevation, so that it's higher on 13 the outside of the curve. So I'm referencing relative 14 to the center line of the road. So it's a little higher 15 on the right side -- or on the high side, it's lower on 16 the inside of the curve. 17 The proposed road will be gated -- I'm 18 sorry, I skipped over. For additional public safety 19 measures, flood gauge signs will be installed at the low 20 point in the road. And if you look at the profile the 21 low point of the road is just maybe a hundred and 50 22 feet into the property. So as you turn into it off of 23 480 it dips just slightly a little bit. And then that 24 low point is about the same elevation as the center of 25 480. So you've come up a little bit to the high point 68 1 of the road and then just dip down a little bit, and 2 from there it goes up over the bridge. 3 The proposed road will be gated to control 4 access in and out of the development, and these gates 5 will be equipped with emergency access capabilities. 6 And those gates are on the other side, so the north side 7 of the creek, as you see in that profile and the site 8 plan. 9 In addition, emergency helicopter landing 10 area will be designated within the proposed street right 11 of way just inside the development. So we would do that 12 anyway even if this wasn't a flooding issue for any 13 other emergencies there's access there for life flight 14 or whatever. 15 And I can go on to the next one. So the 16 next item is granting of the variance will not have the 17 effect of preventing the orderly subdivision of other 18 land in the area in accordance with the County rules. 19 The proposed development would include an 20 emergency access easement stubbed out from the proposed 21 subdivision roads to the adjacent Hidden Hills 22 Subdivision boundary at the northwest corner of the 23 development. And that is shown on your land plan you 24 have there. 25 JUDGE KELLY: Have you talked to them? 69 1 MR. MULLINS: Yes, Sir. Yes, we have. And 2 Commissioner Gipson. 3 COMMISSIONER GIPSON: I'd like to address 4 that. I had a phone call, and Rich Paces who's on the 5 Board of that subdivision, and the other directors have 6 not signed off on that emergency exit. I wanted to 7 mention that. 8 MR. KOLACNY: Yeah. To clarify, the 9 easement I'm talking about here is on our property. So 10 we're doing everything on our side of the property to 11 provide for future access. If -- 12 MR. MULLINS: If they choose that they want 13 to be able to tie it in, it's there. 14 MR. KOLACNY: So by granting this variance 15 and allowing the proposed development to go forward, 16 that secondary emergency access could be provided to 17 both subdivisions through existing -- their existing and 18 our proposed subdivision roads. Between -- that would 19 provide a connection between RM 480 and State Highway 20 173. It's a kind of bypassing that whole intersection 21 of 480 and Verde Creek. 22 JUDGE KELLY: 480 and 173? 23 MR. KOLACNY: Correct. 24 JUDGE KELLY: That's what you're bypassing, 25 right? So that's a shortcut across there. 70 1 COMMISSIONER LETZ: But there is no 2 agreement. 3 MR. KOLACNY: Yes. Currently there's no 4 agreement. We're providing everything we can on our 5 side. 6 JUDGE KELLY: Well are you just going to 7 stub the road out at this point? 8 MR. KOLACNY: The road's not stubbled out, 9 but the easement is for a emergency road, yeah. 10 COMMISSIONER HARRIS: I have a question for 11 the County Engineer. It's pretty simple. Do you agree 12 that the low point of their road is about more or less 13 equal to highway 480? 14 MR. HASTINGS: Yes, Sir. I've seen the 15 profiles for what they did. Yes, Sir. 16 If I may. We have a -- this is just very 17 common in the Hill Country, is that we've got roads that 18 go under water during big storms, and it's the only road 19 people can use to get in and out of their subdivision, 20 And this happens to be a case where this subdivision is 21 going to be coming off of FM 480, or Ranch Road 480 to 22 access their road to access their whole subdivision and 23 cross Verde Creek. 24 Unfortunately, a hundred year storm that 25 highway is under water. But the thing that is thee most 71 1 important to us that we said we -- we've got a hold on 2 this is however you design that bridge don't let it 3 raise the elevation of the hundred year storm. And so 4 they went through quit a few iterations to get to that 5 point, so they've satisfied and checked that off. 6 The variance that they're asking for is that 7 we have a requirement that if you're crossing a named 8 creek that your bridge can pass the 50 year storm. The 9 50 year can go completely under the bridge. And 10 unfortunately the 50 year storm at FM 480 that they're 11 connecting to is already under water. That's what 12 they're trying to say. That's what they're asking for a 13 variance for. 14 But I met with them -- with Commissioner 15 Gipson and with Commissioner Letz, we looked at this 16 together, and the Commissioners asked for some 17 concessions. Well, can you do this, can you do that? 18 Can you modify the bridge a little bit, can you put in 19 some kind of gates that would close during storm events, 20 so our concern is that somebody is leaving that 21 subdivision, and they come over the bridge and into 22 water, we don't want that. 23 So you know, hopefully most people are 24 trying to stay home, but somebody that's new moved to 25 the area. They're not familiar with the Hill Country, 72 1 they may not realize what may happen there. And they 2 said they would do that. I think they have some other 3 concessions that there shows -- 4 JUDGE KELLY: Before you leave. The request 5 for this variance is for public safety, is that correct? 6 MR. HASTINGS: It's to -- the request for 7 this variance is to vary from the requirement that that 8 bridge has to pass the 50 year storm. 9 JUDGE KELLY: I understand. But at this 10 point, that's the safest configuration that we could put 11 out there, right? 12 MR. HASTINGS: This is the safest 13 configuration that they can put out there. 14 JUDGE KELLY: So the variance would be in 15 order to promote public safety? 16 COMMISSIONER BELEW: They have to comply 17 with the rules, and the rules don't -- when I was a 18 young man working construction remodeling, I found out 19 that if you try to make the new part level and plum, it 20 can make the old part look really bad. So you gotta 21 work with what you got. Same thing that's what these 22 guys did, they're working with what they got. 23 MR. HASTINGS: Right. We have a number of 24 bridges in this community, and I think the last one that 25 was built recently that doesn't pass the 50 year storm 73 1 is G Street bridge over the Guadalupe River. I think it 2 passes a little bit less than a ten year storm. It was 3 just financially unfeasible to make it pass the hundred 4 year. It would be -- it doesn't -- it's just not 5 practical. 6 JUDGE KELLY: But financial feasibility is 7 not grounds for a variance. That's why I'm asking. 8 MR. MULLINS: Correct. Just the -- it 9 does -- it does impact the safety in that if you were to 10 try to pass a 50 year storm, you'd have to bring in so 11 much fill, which is going straight back to the highway, 12 that you'd have to bring in so much fill that it would 13 back up water, it would increase the floodplain on the 14 highway. It would increase it on the neighbors. And so 15 it by doing it this way it's not increasing the 16 floodplain in anyway. It's not making water deeper on 17 the highway. 18 JUDGE KELLY: That's as to the bridge, 19 right? 20 MR. MULLINS: It's not -- I'm sorry. I'm 21 not sure I understand your question. 22 JUDGE KELLY: Well, the variance that you 23 are asking for has do with the bridge. 24 MR. MULLINS: Yes. 25 JUDGE KELLY: Right. 74 1 COMMISSIONER LETZ: It's safer to do it this 2 way than to follow the exact letter of the rule. 3 MR. KOLACNY: One thing to keep in mind, a 4 typical bridge like I'm sure the rules were kind of 5 foreseen is in a sag, a true sag. Where the bridge is 6 the actual low point. In this particular case the 7 highway is the low point. The existing highway is the 8 low point. So as the bridge comes up, we have to tie 9 them back down because that's why the bridge is higher 10 on one end and lower on the other. But this is the 11 safest design that could be done. 12 COMMISSIONER GIPSON: There may be 13 modifications or requests, because we thought it was 14 safer. To answer your question. 15 JUDGE KELLY: Well, I think everybody knows 16 I've been crystal clear about this. I don't like 17 variances. I want to enforce the rules, and we have 18 specific grounds that we can grant variances, and 19 economic feasibility, viability is not one of them. So 20 I want to know is this requested variance in order to 21 protect and promote public safety? 22 MR. MULLINS: Yes, Judge, it is. Because 23 without it you're raising the floodplain onto the 24 neighbors and the highway. 25 JUDGE KELLY: That's what I wanted to hear. 75 1 I know there are other people that want to speak on this 2 topic. Y'all have anything else you want to present 3 before you listen to some others? 4 MR. MULLINS: No, Sir. 5 JUDGE KELLY: Mr. Paces. 6 MR. PACES: Yeah. My name is Rich Paces. 7 I'm one of the directors in the Hidden Hills Ranch 8 Owners Association. And I want to make a couple points 9 here. 10 First, they haven't approached at least none 11 of the directors to get this emergency easement. And it 12 will be denied, so they would have to -- their property 13 barely touches our road, so they would have to acquire 14 additional easement from one of the land owners of which 15 I'm one, because their property butts up against mine. 16 And the other gentleman is not interested either. So 17 that emergency easement won't be granted. 18 The next point I'm going to make -- I happen 19 to be an engineer. I'm not a civil engineer, but you 20 can't tell me that this proposal is just for safety. 21 There's always a way to design a way to design around 22 this. This is clearly to save money. 23 There are plenty of other bridge designs 24 that could be incorporated that would maintain the 25 elevation and not block the floodplain, but yes, they 76 1 would be far more expensive. So I take issue with that. 2 I don't know if they've even proposed 3 anything else that obviously would be more expensive, 4 but you know, that's just the plain hard truth. 5 And the only other point that I want to make 6 at this stage, is that you would know that Headwaters 7 Groundwater Conservation District is currently 8 conducting a study on the aquifer supporting East Kerr 9 County. And the study should be complete by the end of 10 the month or early January. 11 And there's a high probability that that 12 study, the outcome will be that may need to revise the 13 district rules, and in particular with respect to the 14 spacing where currently under District rules we allow 15 one well per five acres. 16 So I will just state that on behalf of 17 Hidden Hills Ranch, and we're very concerned about 170 18 or so wells directly adjacent to us. And I would only 19 request that this Court consider delaying the final plat 20 approval for this development until after that study 21 result is available. And it's been looked at, and 22 you're clear that there is not going to be a requirement 23 to change the District rules with respect to spacing of 24 wells. 25 JUDGE KELLY: Last time I spoke to Gene 77 1 Williams, I think there were test wells out at Creekside 2 that have already satisfied the water availability 3 requirement, 4 MR. PACES: Water availability -- 5 JUDGE KELLY: I don't know about East Kerr 6 County yet. 7 MR. PACES: Well look, I'll just say, I'm a 8 petroleum engineer, and I have a thorough understanding 9 of aquifers, and just doing a water availability test, 10 you know, basically that's a pump test, current 11 condition. It doesn't take into account historic data 12 and the trend of decline aquifer water levels. And even 13 if they do of a step rate(phonetic) test, again it 14 reflects concern conditions. 15 But gentlemen, aquifer water levels are 16 declining. And the more development we have in this 17 County, the more they're going to decline. And this is 18 a serious problem. And we're going to be faced with 19 deal with it sooner or later. I'm saying you have an 20 opportunity to look at this study before you finally 21 approve the development. 22 COMMISSIONER LETZ: We have to follow our 23 current rules. We have to follow our current rules. We 24 can't delay just because we want to wait on a study. We 25 have to follow our rules. 78 1 MR. PACES: That's your call. 2 COMMISSIONER LETZ: No, it's not our call. 3 It's the State's call. We have to follow State's rules. 4 JUDGE KELLY: In 2019 the Legislature 5 changed platting rules drastically to the detriment of 6 local government. And we have 30 days. That's all we 7 have. 8 COMMISSIONER HARRIS: Rich, tell me how many 9 lots are in your subdivision Hidden Ranch? 10 MR. PACES: I think we have around 25 total. 11 The minimum acreage in Hidden Hills Ranch is 25 acres 12 minimum. 13 COMMISSIONER HARRIS: I wasn't familiar. 14 MR. PACES: Similarly sized you know. And 15 it's over a thousand acres. 16 MR. MULLINS: May I address some of those 17 comments? 18 JUDGE KELLY: Yeah. That's what we're here 19 for, hear both sides. 20 MR. MULLINS: Yes, Sir. Just briefly on the 21 water, the groundwater issue, that as the rules state 22 since we're over five acres tracts, I believe -- 23 Charlie, tell me if I'm wrong, but I believe we did not 24 have to do a water availability study but we did one 25 anyway. I won't address that any further. 79 1 JUDGE KELLY: Well, I can assure you in the 2 public, if I have anything to say, everybody's going to 3 do a water availability study. Trust me. 4 MR. MULLINS: Yes, Sir. As far as this is 5 not -- we're not here asking for variance because of 6 economic reasons. We're doing it because if you look at 7 that profile, you can see that you have to build the 8 road straight up, and then over -- from the highway 9 you'd have to go up about 8 feet. 10 The of amount of fill that you'd have to 11 bring in there to do that, there's no way that you are 12 not going to back up floodplain on to your neighbors. 13 There's no way that you're not going to increase 14 floodplain on the highway. That is why we're here 15 asking for it. 16 MR. PACES: And then the other end of the 17 bridge, and use piles. There's always a way. 18 JUDGE KELLY: I want everybody to speak 19 from the podium. It works better that way. 20 MR. MULLINS: And you're right, I've not 21 talked to the Board of Directors, your P.O.A., but I did 22 talk to every single person that came to the town hall 23 meeting from Hidden Hills, and -- 24 MR. PACES: Well, I was there, and you 25 didn't talk to me. 80 1 MR. MULLINS: I talked to everybody that 2 came up and talked to me. You're right. I wished I'd 3 seeked you out and come visited with you. But we're 4 going to leave the use of the right to the gate, and 5 we'll put a gate that the only people that will have an 6 access to that gate will be County EMS. And if they 7 decide that they want to have the ability to access from 8 their community through ours, then they can -- they can 9 cooperate with us, and if they don't, that's their 10 right, too. 11 COMMISSIONER HARRIS: This variance that you 12 are asking about has nothing to with the neighbors. 13 A. No, Sir. 14 JUDGE KELLY: But if you can't access their 15 emergency road, we don't have emergency exit for this 16 subdivision, right? 17 MR. MULLINS: That's right. 18 JUDGE KELLY: That's the concern. 19 MR. MULLINS: Yes, Sir. 20 COMMISSIONER LETZ: But that's not unlike 21 many subdivisions. I mean you have Falling Water for 22 example, there's five homes until you get a creek, North 23 Creek, which is as big as Verde Creek, and then you 24 can't get to the other 120 homes. So this is not 25 uncommon problem. And TxDOT, I mean this is -- we don't 81 1 work -- we're not responsible for TxDOT bridges. But 2 they've done a lot of bridges on the North and South 3 Fork. You can't cross those in a flood. In a ten year 4 flood. 5 So I mean, we live in a situation as the 6 County Engineer said that we have a lot of roads and 7 creeks that when it floods, you know, you just cannot 8 get around. What is, I think, and they mentioned it, 9 Mr. Mullin didn't mention it in length, is that 10 Commissioner Gipson and I met with them. They agreed to 11 put in safety gates to prevent people exiting the 12 subdivision that are tied to the flood gates on the 13 river -- or on Verde Creek. So it's probably going to 14 be one of the safer subdivisions from that standpoint. 15 They're going to limit the access. 16 I think that, you know, is it possible to 17 build a bridge, you know, and go high and then down real 18 quick, yes. But then are you doing -- it's not helping 19 public safety in my mind because then your dumping them 20 onto a road that's flooding. I'd rather stop them in 21 the subdivision. 22 COMMISSIONER HARRIS: I don't like variances 23 either, but this one looks like a common sense one to 24 me. 25 COMMISSIONER BELEW: The new subdivision 82 1 problems don't have any bearing on somebody's that's 2 already there. So that part of it we can clear off the 3 table. Based on their track record so far, they didn't 4 put in one test well; they put in two. They weren't 5 required to do that. 6 I've been impressed with their efforts to 7 try to do this stuff right. Whether we like the -- 8 most people don't like when something new comes to their 9 neighborhood anyway. And so, I think we have a little 10 bit of that going on. But where your neighborhood is, 11 Rich, once Comanche Indians lived out there and didn't 12 see your house either, so I just want to remind 13 everybody that we have -- we're growing. Kerr County's 14 a great place to be. 15 The most we can do is water availability. 16 We can't predict the future. And in America when we are 17 presented with a problem, we typically come up with an 18 answer for it. So I'm not really concerned. But you're 19 an engineer, you understand that. You guys understand 20 it. That's my two cents. 21 MR. PACES: We can predict the future. 22 Maybe not accurately. 23 COMMISSIONER HARRIS: Everybody wants to 24 close the gate once they get here. But we have got more 25 people coming in, and -- 83 1 COMMISSIONER GIPSON: I move for approval of 2 the variance. 3 COMMISSIONER LETZ: Second. 4 JUDGE KELLY: Got a motion and second to 5 approve the requested variance. Any other discussion? 6 Any other input from the public? Those in favor raise 7 your hand. I'm going to abstain because I'm not voting 8 for a variance ever. And that has nothing to do with 9 with you; it has to do with principal. So that being 10 four zero one. 11 Thank you for what you're trying to do. We 12 appreciate your cooperation. 13 Item 1.14. This is a public hearing for a 14 revision of plat for Vistas Escondidas de Cypress 15 Springs Estates, Lot 153, and Cypress Springs Estates 16 Phase 2 Section 1, Lot 68. 17 So I convene this public meeting. Is there 18 anyone who would like to attend at this public meeting? 19 MR. HASTINGS: Judge, I'm taking the podium 20 on this one because I received a letter dated November 21 9th, 2021 from the applicant requesting that this item 22 be withdrawn. They've withdrawn their plat application. 23 But the public hearing was already in motion to be set. 24 So I will read that letter to the Court for 25 the record. It's dated November 9, 2021. It's 84 1 addressed to Mr. Charlie Hastings, Kerr County 2 Engineering. And the letter says: We have decided not 3 to proceed with combining our lots 153 and 68 in Cypress 4 Springs Estate. We apologize for any inconvenience this 5 may have caused. It's signed by Dennis Johnson and 6 Linnea Johnson of 357 Cypress Estates Parkway, Ingram 7 Texas, 78025. 8 I don't think you'll hear from anyone else 9 today. 10 JUDGE KELLY: Is anyone here? So the public 11 meeting is adjourned. 12 We'll move on to item 1.15, which is a 13 public hearing for revision of plat for Center Point 14 estates Unit 2, Lot 247. 15 Anyone here to speak on that one? There 16 being no one, then the public meeting is adjourned. 17 Move on to item 1.16 information and 18 discussion on a concept plan for Comfort Ranch Estates. 19 Precinct 3. And we'll do that in Executive Session. 20 MRS. STEBBINS: I don't know that you are 21 going to hear the concept plan. But after talking with 22 Charlie and Commissioner Letz, I think there's some 23 legal questions and some advice you'll want from me. 24 JUDGE KELLY: Is anybody present and wants 25 to present the concept plan? 85 1 MR. DON VOELKEL: I'm the one who prepared 2 it. 3 JUDGE KELLY: You want to address it, or 4 just wait until executive session? 5 MR. DON VOELKEL: It's up to y'all. 6 COMMISSIONER LETZ: He won't be in executive 7 session. 8 JUDGE KELLY: You won't to be in executive 9 session. We'll be listening to her in executive 10 session. 11 MR. DON VOELKEL: I'm Don Voelkel. And what 12 this is is 800 acre tract, 799.3 acre track. And it has 13 an existing easement, private easement from Hasenwinkel 14 Road called Guilanshah Road through adjoined property to 15 get to the access. It's the only access point for the 16 799 acres. And he wants to divide it into three tracts 17 with a new road at the end of the Guilanshah Road where 18 the access point is at the gate, and provide a county 19 specification country lane, unpaved for three lots. And 20 that's basically what it is. 21 COMMISSIONER LETZ: The issue is what 22 authority county -- we have, when there's very limited 23 right of way or road into a property, what authority do 24 we have to weigh in on the number of lots in the 25 subdivision itself? For example, it's a 20 foot 86 1 easement to get to this property, and he wants to 2 develop it into three tracts. He can't do anything with 3 the 20 foot easement. It's just not enough land. But 4 it does potentially, or not potentially, but does limit 5 access into that development. 6 COMMISSIONER BELEW: That's a private 7 agreement. 8 COMMISSIONER LETZ: That's why I asked the 9 County Attorney to give us some input. 10 MR. DON VOELKEL: It's a recorded easement. 11 COMMISSIONER BELEW: Recorded, but it's 12 private. 13 MR. DON VOELKEL: 20 feet wide. 14 JUDGE KELLY: And Charlie, what do the 15 subdivision rules provide for an easement for 16 development? 17 MR. HASTINGS: Standard road easement would 18 be 60 foot wide. Yes, Sir. 19 JUDGE KELLY: Well, we want the public to 20 understand that Mr. Voelkel's come to us with a concept 21 plan. We used to do platting with concept and 22 preliminary plats and final plats, and the legislature 23 changed all that in 2019, so that we only have to do a 24 final plat. 25 You didn't have to bring us the concept, but 87 1 I appreciate that you did, because that's what good 2 neighbors do. And we'll take a look at the legal issue, 3 and be in touch with you. 4 MR. DON VOELKEL: That's all? 5 MR. GIPSON: That's all you're going to get 6 today. 7 (Laughter.) 8 JUDGE KELLY: It's just a concept plan. We 9 we need to talk to our lawyer about what we can and 10 can't do. And we want to keep the dialogue open. 11 MR. DON VOELKEL: Y'all know where I live. 12 JUDGE KELLY: And the public knows where we 13 live now, too. 14 COMMISSIONER LETZ: Thank you. I know the 15 situation. 16 And just so the public understands, if our 17 lawyer wants to give us advice, we're going to listen to 18 it. 19 MRS. STEBBINS: Thank you. 20 JUDGE KELLY: So we'll move on to item 1.17, 21 which is consider, discuss and take appropriate action 22 for the Court to set a public hearing for 10 a.m. on 23 January 24, 2022 for a revision of plat for Northwest 24 Hills, Lot 35 and Lot 38. Charlie Hastings. 25 MR. HASTINGS: Thank you, Judge. This 88 1 proposal adjusts the Lot line between Lot 35, which is 2 currently 3.43 acres and Lot 38, currently 1.25 acres. 3 Lot 35 would be come 35A, with 2.09 acres, and Lot 38 4 become 38A, with 2.56 acres. Frontage for both lots 5 will remain on Stephen F. Austin Drive. 6 It is in Kerrville's Extra Territorial 7 Jurisdiction and it will be plated through both the City 8 of Kerrville and Kerr County simultaneously. 9 The County Engineer requests the Court set a 10 public hearing for 10 a.m. on January 24th, 2022 for a 11 revision of plat for Northwest Hills, Lots 35 and 38, 12 Volume 5, Page 30, and Volume 6, Page 357. It's in 13 Precinct 1. 14 COMMISSIONER BELEW: Some of these, Charlie, 15 where it involves the City or the ETJ, we don't get 16 involved in it. 17 MR. HASTINGS: Sometimes. 18 COMMISSIONER BELEW: Tell me why this is 19 different. Why would we need do not just relinquish 20 that to the City of Kerrville? 21 MR. HASTINGS: Because there's going to be 22 some right of way dedicated to the County for the 23 Stephen F. Austin Drive, and the County -- the City 24 can't accept that on the County's behalf. 25 COMMISSIONER BELEW: Okay. So it's a -- 89 1 this is two things that are happening. 2 MR. HASTINGS: We maintain the property, and 3 the City doesn't. So we do need to be involved. But 4 the City believes they need to remain involved as well. 5 COMMISSIONER BELEW: Well, explain how that 6 works then. If they're just changing a property line. 7 MR. HASTINGS: Yes, Sir. 8 COMMISSIONER BELEW: How does that change 9 the right of way? Or why -- 10 MR. HASTINGS: There wasn't right of way 11 dedicated in the past for that cul-de-sac. I think it 12 was just an easement instead of right of way, where it's 13 separate from the lot. 14 COMMISSIONER BELEW: So we just need to 15 record it for the County, because we don't really need 16 to be involved in the change of the property line? 17 MR. HASTINGS: We need to be involved in 18 both. We don't have to be involved in the property line 19 change, but we need to be involved in the right of way 20 dedication. 21 COMMISSIONER BELEW: So aren't those two 22 separate things? 23 MR. HASTINGS: It needs to happen by the 24 same instrument that created it, which was a plat. So 25 it needs to be done by a plat to correct. 90 1 COMMISSIONER BELEW: So these people are 2 going to re plat with the County and the City? 3 MR. HASTINGS: Yes. It's been done before. 4 COMMISSIONER BELEW: A lot of things have 5 been done before. It doesn't mean that it's a good 6 idea. 7 MR. HASTINGS: It's a good idea. 8 COMMISSIONER BELEW: I still don't 9 understand why that's that a good idea. 10 COMMISSIONER GIPSON: It's a revision of an 11 existing plat. 12 MR. HASTINGS: If you were to ask me my 13 opinion, I would say it would be good if the City said 14 we don't need to look at this and it was just the 15 County, but I can't make them do that. 16 COMMISSIONER BELEW: But sometimes we 17 relinquish that to the City and don't get involved. So 18 why is this one different? You're saying because 19 there's a right of way -- 20 MR. HASTINGS: Yes. 21 COMMISSIONER BELEW: -- and involves the 22 County? 23 MR. HASTINGS: Yes, Sir. 24 COMMISSIONER BELEW: And those can't be 25 separated? 91 1 MR. HASTINGS: No. 2 COMMISSIONER BELEW: Okay. 3 JUDGE KELLY: It's all good in saying here 4 and for a public hearing and listen to why we should or 5 shouldn't. So we have a motion to set the hearing? 6 COMMISSIONER BELEW: Here. 7 COMMISSIONER LETZ: Second. 8 JUDGE KELLY: We have a motion and a second 9 to set a hearing for 10 a.m. on January 24, 2022 for a 10 revision of plat for Northwest Hills, Lots 35 and 38. 11 Any discussion? Unanimous, five zero. 12 1.18 consider, discuss and take appropriate 13 action for the Court to approve Change Order No. 1 to 14 the Wastewater Service Connections Contract of the East 15 Kerr/Center Point Wastewater Collection Project in the 16 amount of $113,406.72. 17 I saw Don outside. 18 MR. BURGER: I'm here. This is the first 19 change order on the Wastewater Service Connections 20 Project. You have a copy of the change order. And what 21 we're doing is making that change to the design change. 22 The change order does add funds to the contract, but we 23 expect that we'll reduce the contract when it's toward 24 the end of the construction that will balance this 25 increase in cost, because the design change should 92 1 actually save us money. 2 The contractor, I think, anticipated putting 3 in a single service line from the sewer main to each of 4 the lots for the mobile homes in the Serenity Hills 5 Mobile Home Park, and this change allows us to do one 6 connection to the sewer main for two homes. And so by 7 doing that, we're going to cut the number of connections 8 to the sewer main in half. 9 And while each one of those is a little bit 10 more expensive, it's not twice as much as what a single 11 service cost. So eventually this will be -- we just 12 don't have the reduction in the single services included 13 in the change order. That's why it looks like we're 14 increasing the contract amount, but actually we will be 15 reducing that cost later on when we know exactly how 16 many single services they'll be able to install because 17 Serenity Mobile Home Park is not the only place they're 18 installing those single services. 19 But that change in contract amount will be 20 an increase of -- I got it right here. $113,406.72. 21 And this is the TDA, the Texas Department of Agriculture 22 contract for the CEDAP funds for this wastewater project 23 to hook up, low and moderate income people in the 24 community to the East Kerr/Center Point Wastewater 25 Collect Project. 93 1 COMMISSIONER LETZ: Do they own these lots, 2 or they renting? 3 MR. BURGER: They own and lease these to the 4 residents there. 5 MR. HASTINGS: The individual lots are not 6 owned by the people living there. 7 COMMISSIONER LETZ: And that's why we can 8 combine the sewer lines? 9 MR. BURGER: Yes, exactly. Because all of 10 these will be owned and maintained by the mobile home 11 park owner. 12 COMMISSIONER LETZ: Move for approval. 13 COMMISSIONER GIPSON: Second. 14 JUDGE KELLY: Got a motion and second to 15 approve the change order to the Kerr County Wastewater 16 Collection Project. Any discussion? Those in favor 17 raise your hand. Unanimous, five zero. 18 MR. BURGER: Thank you very much. 19 JUDGE KELLY: And the next item is a timed 20 item at 10:05. You can see we're running about an hour 21 late. I apologize for that. But this is consider, 22 discuss and take appropriate action to open, read and 23 award the annual bids for road base, cold mix, 24 aggregate, emulsion oil and corrugated metal pipe. Miss 25 Hoffer. 94 1 MS. HOFFER: This is just the annual process 2 for our materials for road building and maintenance. If 3 there are not a lot of bids, we may be able to award 4 them today. If there are a lot like there were last 5 year -- 6 COMMISSIONER LETZ: We have a lot of bids. 7 MS. HOFFER: Then we probably won't be 8 coming back for awarding today. 9 COMMISSIONER LETZ: We received a bid from 10 Wheatcraft for paving aggregate, corrugated -- not 11 corrugated metal pipe. Base material. The hot-mix-cold 12 laid. 13 And we received from Contech Engineering 14 Solutions, LLC, bid for corrugated metal pipe. 15 Received a bid from Johnson City Crushed 16 Stone for paving aggregates, base material, and that's 17 it on that one. 18 We received a bid from Martin Marietta for 19 paving aggregates, emulsion oils, corrugated metal pipe, 20 base material, hot-mix-cold laid asphalt. 21 We received a bid from P Square Emulsion 22 Plants, LLC for emulsion oils. 23 Received a bid from Vulcan Construction 24 Materials for paving aggregates, base material, 25 hot-mix-cold laid asphalt. 95 1 Received a bid from Ergon Asphalt and 2 Emulsions for emulsion oils. 3 A lot of interest this year. Received a bid 4 from Waller County Asphalt for hot-mix-cold laid 5 asphalt. 6 Received a bid from Wilson Culverts for 7 corrugated metal pipe. 8 Received a bid from Wright Asphalt Products 9 Company for paving aggregates, emulsion oils, corrugated 10 metal pipe, base material, hot-mix-cold laid asphalt. 11 And we received a bid from Edmund Jenschke 12 Incorporated for base material. And that's it. 13 JUDGE KELLY: Okay. 14 COMMISSIONER LETZ: I make a motion that we 15 accept all bids and refer them to the Road & Bridge 16 Administrator for review and recommendation at a future 17 date. 18 COMMISSIONER BELEW: Second. 19 JUDGE KELLY: A motion and a second to 20 accept the bids as presented here. Any discussion? 21 Those in favor raise their hand. Unanimous, five zero. 22 Hand them over to Miss Hoffer. 23 MS. HOFFER: Thank you. 24 JUDGE KELLY: And let's take a five minute 25 break. And when we come back a little bit after 11 96 1 o'clock, we're going to go back and pick up the items 2 starting at 1.6 and then we'll catch up, and we got the 3 timed items out of the way. 4 (Break.) 5 JUDGE KELLY: Court come back in session. 6 Item 1.6 consider, discuss and take appropriate action 7 to allow the Upper Guadalupe River Authority to keep a 8 trailer at the Kerr County Maintenance Facility. 9 Commissioner Harris. 10 COMMISSIONER HARRIS: Oh, that's me, okay. 11 As you know, we have a -- us in conjunction with UGRA 12 have a feral hog problem that we work on with our 13 bounty. We also have traps that they've purchased, and 14 putting out there to help catch big founders of hogs all 15 at one time. They are -- they have put money -- 16 budgeted money, to buy some more traps. 17 There also wanting to buy a trailer, and Ray 18 Buck couldn't be here today, he had some interviews for 19 that position to help with the setting up these traps 20 and other things with UGR, but that's neither here nor 21 there. But they're buying a trailer. They haven't 22 bought it yet. The maximum length would be about 16 23 foot. And they were wanting or hoping that they could 24 park it at one of our facilities. 25 They first brought up maybe out at the Ag 97 1 barn, but in talking with Shane, we decided probably the 2 best place would be at Maintenance where they would just 3 park it. They wouldn't need it after hours or anything, 4 and that would be the safest place for it. 5 So I move that we allow UGRA to park a 6 trailer at our current maintenance facility. 7 COMMISSIONER BELEW: Second. 8 COMMISSIONER LETZ: Second. 9 JUDGE KELLY: Got a motion and a second to 10 allow the UGRA to park a trailer at the maintenance 11 facility. Any discussion? Those in favor raise your 12 hand. Unanimous. 13 1.7 consider, discuss and take appropriate 14 action to approve revised job descriptions within the 15 County Attorney's Office, 16 MRS. DOSS: Good morning. This came about 17 during the salary study, they recommended there be three 18 levels of attorneys. And so we did some minor -- 19 Heather did some minor modifications to the first 20 assistant and the second assistant position in her 21 office. And this is just approving those job 22 descriptions. 23 COMMISSIONER GIPSON: I move. 24 COMMISSIONER HARRIS: Second. 25 JUDGE KELLY: Got a motion and second to 98 1 approve the revised job descriptions for the County 2 Attorney's Office. Any discussion? Those in favor 3 raise their hand. Unanimous. 4 MRS. STEBBINS: Thank you. 5 JUDGE KELLY: Item 1.8 consider, discuss and 6 take appropriate action to ratify and confirm the 7 renegotiated part D rate for the Option 1A plan of 8 retiree Medicare prescription supplement with Amwins. 9 Miss Doss. 10 MRS. DOSS: Yes, Sir. After we brought this 11 to the Court, TAC was able to renegotiate a lower price. 12 And lower is always good. So they have -- the change of 13 price is from 243.88 down to 231.69. And I'm just 14 asking that you -- you've signed the document, that you 15 approve it after the fact. 16 JUDGE KELLY: We're always in favor of a 17 lower rate. 18 MRS. DOSS: Always. Always. 19 COMMISSIONER LETZ: Move. 20 COMMISSIONER GIPSON: Second. 21 JUDGE KELLY: Got a motion and a second to 22 approve the lower rate. Any discussion? Those in favor 23 raise their hand. Unanimous, five zero. 24 MRS. DOSS: Thank you. 25 JUDGE KELLY: Okay. Skipping back to where 99 1 bee left off before the break, item 1.20 on the agenda, 2 which is consider, discuss and take appropriate action 3 to modify Court Order #39042. 4 COMMISSIONER LETZ: This is the court order 5 related to deadline to accept applications related to 6 the ARPA funds. And after all that's happened, I make a 7 motion that we cancel that court order. 8 JUDGE KELLY: Just so that everyone 9 understand, that was the deadline for applicants to 10 submit to the County requesting an award of the ARPA 11 funds. And we'll postpone that. 12 COMMISSIONER LETZ: Canceling it for right 13 now. 14 JUDGE KELLY: Canceling it for right now 15 because we don't need it. And so that the public 16 understands whata we're doing. We're waiting to see how 17 the litigation does, we're waiting to see how the 18 midterm election goes. We're hopeful that we're going 19 to be in better shape than we are today. 20 But we don't have to make any decisions on 21 these funds until the end of December of 2024, which is 22 even after the presidential election. And we have 23 significant projects for the Sheriff's Office on 24 communications, with the indoor arena at the Hill 25 Country Youth Event Center for Emergency Management 100 1 that we have prepared -- in the process of preparing so 2 that if and when we get down to 2023 or '24 and we feel 3 like we can access these funds safely, we can. And if 4 we can't, we won't. It's that simple. 5 COMMISSIONER HARRIS: I want to reiterate, 6 because you know when we -- we did this the last 7 Commissioners' Court where we had all the people in 8 here. A lot of them were upstairs, and they didn't hear 9 what we passed before the item to send it back. We put 10 up a roadblock where those funds are in the bank. They 11 cannot be spent without it coming through Commissioners' 12 Court or anything. So everybody's going to be well 13 aware of anything that happens, and you know there's not 14 going to be trickling out. They're in the vault, 15 they're safe. And they gotta come by us to get spent. 16 JUDGE KELLY: And we will be vigilant to 17 preserve that. So we got a motion and a second. Just 18 do away with it? 19 COMMISSIONER LETZ: Just cancel the Court 20 order. 21 COMMISSIONER GIPSON: Second. 22 JUDGE KELLY: Any other discussion? Those 23 in favor raise their hand. Unanimous, five zero. 24 Item 1.21 consider, discuss and take 25 appropriate action to reappoint Rosa Lavender and Mary 101 1 Krebs to the Alamo Area Council of Government Criminal 2 Justice Advisory Committee for an additional two year 3 terms. 4 I put this on the agenda. And we've got 5 Rosa and Mary on there for sometime. They're very very 6 good. If they're willing to stay on, we're going to add 7 some alternates. We've got some alternates that are 8 resigning, and one -- I can't remember one of them. I 9 know one of them is going to be Jason Davis from the 10 Juvenile Probation Department is one of the volunteers 11 to go on for CJAC. So this is just to reappoint them 12 for a two-year term. And Rosa says she's going to 13 absolutely retire after those two years. 14 COMMISSIONER LETZ: I move for approval. 15 COMMISSIONER BELEW: Of her retirement? 16 (Laughter.) 17 JUDGE KELLY: Now now. 18 COMMISSIONER LETZ: I didn't say that. 19 COMMISSIONER HARRIS: Sounded like it. 20 COMMISSIONER BELEW: Second. 21 JUDGE KELLY: Got a motion and a second to 22 approve reappointing Rosa Lavender and Mary Krebs to the 23 AACOG CJAC. Any further discussion? Those in favor 24 raise your hand. Unanimous. 25 Item 1.22 consider, discuss and take 102 1 appropriate action to replace Callie Gargano and Jody 2 Grinstead as alternates for Rosa Lavender (Callie 3 Gargano) and Mary Krebs (Jody Grinstead) on the Alamo 4 Area Council of Government Criminal Justice Advisory 5 Committee. 6 COMMISSIONER HARRIS: Move for approval. 7 COMMISSIONER BELEW: Second. 8 JUDGE KELLY: Any discussion? There's a 9 motion and a second. Those in favor raise your hand. 10 Approved. 11 1.23 consider, discuss and take appropriate 12 action to address the possibility of prohibiting the 13 sale or use of restricted fireworks. In other words, 14 skyrockets with sticks and missiles with fins in any 15 portion of the unincorporated area of Kerr County 16 pursuant to the Local Government Code. 17 COMMISSIONER HARRIS: Okay. The current 18 Keetch Byram Drought Index shows Kerr County at 19 somewhere between 400 and 500. Typically to restrict 20 the sale of fireworks it has to be above 575, but there 21 is an exception. And I think it's appropriate right now 22 with our condition, you know, we got a lot of fuel out 23 there. We just got down to 24 degrees the other night. 24 And so it's freezed and now it's turning brown, and 25 right now it doesn't look too bad, but by January 1, I 103 1 think we need to restrict missiles with fins and rockets 2 with sticks. So that is my motion. 3 COMMISSIONER BELEW: Second. 4 JUDGE KELLY: Got a motion and a second to 5 restrict fireworks season to -- from no sky rockets with 6 sticks and no missiles with fins, correct? 7 COMMISSIONER HARRIS: Yes. Yes. 8 JUDGE KELLY: Okay. Any discussion? 9 COMMISSIONER HARRIS: A little bit more, 10 yeah. And what gives us the ability to do this is when 11 conditions on rural acreage in the County not under 12 cultivation for a period of time at least 12 months are 13 determined to be extremely hazardous for the danger of 14 fire because of high grass or dry vegetation. 15 JUDGE KELLY: And there's plenty of high 16 grass out there now. 17 MRS. STEBBINS: And the December fireworks 18 season is the only time that provision gets to be used. 19 COMMISSIONER HARRIS: And I will tell you, 20 just like you know, the people at the church that sell 21 fireworks and stuff, they're still going to be able to 22 sell fireworks. And they understand, it's not a big 23 deal when you just exclude those types of fireworks. 24 JUDGE KELLY: Okay. Got a motion and 25 second. Any other discussion? Those in favor raise 104 1 their hand. Unanimous, five zero. 2 Item 1.24 consider, discuss and take 3 appropriate action to approve contracts with Mountain 4 Home Volunteer Fire Department, CASA and K'Star. And 5 these are just routine contracts that we enter into. 6 And I need the Court's permission to -- 7 COMMISSIONER LETZ: Move for approval. 8 COMMISSIONER BELEW: Second. 9 JUDGE KELLY: Got motion and second to 10 approve these contracts as presented. Any discussion? 11 Those in favor raise their hand. Unanimous, five zero. 12 Item 1.25 consider, discuss and take 13 appropriate action to cast votes for the Kerr Central 14 appraisal District Board Members for the 2022-2023 15 terms. 16 And I'm trying to remember we have what, 13 17 hundred and 18 votes or -- 18 COMMISSIONER HARRIS: 1390. 19 COMMISSIONER LETZ: 1318. 20 COMMISSIONER HARRIS: Oh, 18. I'm sorry. 21 JUDGE KELLY: Actually. And just to let you 22 know, I have talked with the City of Ingram, and they're 23 willing to approve those votes. I've reached out to 24 Center Point ISD, but I have not had any response to 25 them as to their votes. 105 1 COMMISSIONER LETZ: I believe the two that, 2 you know, I'd probably like to see on the Board would be 3 Lary Priour and Eric Lantz. Eric to my understanding 4 has votes from various other entities, including the 5 Comfort School District, and some from the Kerrville ISD 6 actually. 7 JUDGE KELLY: If you look at the state of 8 the voting of the votes that have been cast, there are 9 three that are pretty much shoe-ins. And there were two 10 KISD representatives Jeff Talarico and Pat Freedle, and 11 then there's Carter Crain from West Kerr County. That 12 looks like it. There all over in their votes so they're 13 pretty much going to get it. 14 With our votes we don't really have enough 15 to elect two per se. We can split them, we know we can 16 put at least one on there. It's how we split the votes. 17 COMMISSIONER LETZ: And I think 900 would 18 get Lary on there, right? 19 COMMISSIONER HARRIS: A thousand -- 20 JUDGE KELLY: I think -- 21 COMMISSIONER HARRIS -- guaranteed. 22 JUDGE KELLY: That was my mathematical 23 analysis last week. 24 COMMISSIONER LETZ: I don't know the exact 25 on that, but I mean a thousand guarantees, but I think 106 1 the way they're split up a little bit is that -- as the 2 Judge said somewhere I think 900 would get somebody on. 3 JUDGE KELLY: Well, right now the three 4 leading have in excess of 800. There in the 800's. 5 COMMISSIONER LETZ: So if we gave 900 to 6 Lary Priour, and 418 to Eric Lantz. 7 JUDGE KELLY: Well, and the only comment I'd 8 make about Lary, is Lary is very accurate about the ag 9 exemption laws going out there as to the value of 10 agricultural property. And this Board Membership, he's 11 not going to be involved with values; he's going to be 12 involved with policy. Just make sure you understand 13 that it's policy; not active involved in what the values 14 are. 15 COMMISSIONER BELEW: Well, we need that kind 16 of representation. 17 COMMISSIONER LETZ: From a policy 18 standpoint, I agree with you totally, Judge, but I think 19 that there's a -- I think it's healthy to have someone 20 with a lot of strong ag experience on that Board, and he 21 meets that, and so does Eric. 22 COMMISSIONER HARRIS: Especially in light of 23 some of the others. So I think that'll help. No, I 24 mean really, you get full representation. That didn't 25 come out real good, did it? 107 1 (Laughter.) 2 JUDGE KELLY: We understood you though. 3 COMMISSIONER HARRIS: Well, we have some 4 town people as well as rural, and we are a rural county. 5 JUDGE KELLY: We're 50/50. 6 COMMISSIONER LETZ: Well, I make a motion 7 then that we award 900 votes to Lary Priour, and 418 to 8 Eric Lantz. 9 COMMISSIONER BELEW: Second. 10 JUDGE KELLY: Got a motion and a second 11 award 900 votes to Lary Priour, and the balance to Eric 12 Lantz. 13 COMMISSIONER LETZ: Yeah. 14 JUDGE KELLY: And we'll let the City of 15 Ingram know I appreciate their cooperation with us. 16 COMMISSIONER HARRIS: Sure. 17 JUDGE KELLY: So any discussion? Those in 18 favor raise their hand. Opposed. Unanimous. 19 Item 1.26 consider, discuss and take 20 appropriate action to appoint Board Members for 21 Emergency Service District #3. Commissioner Gipson. 22 COMMISSIONER GIPSON: I ask for help in 23 vetting and then assuring these five candidates are 24 qualified in the proper district, and have agreed to 25 serve. Amy Palmer, Michael Fernie, Cody Newcomb, 108 1 Dennis Brown, and Katherine Vincent. 2 JUDGE KELLY: Okay. That's a motion. 3 COMMISSIONER GIPSON: That's the motion. 4 COMMISSIONER BELEW: Second. 5 JUDGE KELLY: Got a motion and a second to 6 approve Palmer, Ernie, Newcomb, Brown and Vincent as the 7 new members of the ESD Number 3. Any discussions? Those 8 in favor raise their hand. Unanimous five zero. 9 Approval agenda item 2.1 -- well, we got 10 them in reverse. 2.1 is actually budget amendments. We 11 usually pay the bills first. 12 MRS. SHELTON: We did. We have changed the 13 order. This just flows a little bit better. 14 So budget amendments today, there are three. 15 The first one is we're certifying that there's insurance 16 proceeds that we've received from TAC. And we're 17 increasing the -- asking that you increase the vehicle 18 repair in maintenance line at the Sheriff's Department 19 by the amount of revenue that we've received. 20 The second one is moving ten thousand two 21 hundred dollars from prisoner meals at the jail into 22 operating equipment, this was to buy an ice machine. 23 And then the third one is we received a HAVA 24 grant for the elections. It's an ongoing grant. And so 25 the 24 thousand that we're bringing into revenue for 109 1 this year is the remainder of the grant. 2 JUDGE KELLY: Very good. 3 COMMISSIONER LETZ: Move for approval. 4 COMMISSIONER BELEW: Second. 5 JUDGE KELLY: Got a motion and second to 6 approve the budget amendments as presented. Any 7 discussion? 8 COMMISSIONER BELEW: What does HAVA stand 9 for? 10 MRS. SHELTON: Help America Vote Act. 11 JUDGE KELLY: Good for knowing that. 12 COMMISSIONER GIPSON: You were trying to. 13 (Laughter.) 14 COMMISSIONER BELEW: You can't stump her. 15 MRS. SHELTON: You can. 16 COMMISSIONER HARRIS: But just not today. 17 You'll have another shot in a couple weeks. 18 JUDGE KELLY: Okay. Everybody wants to vote 19 to support Tanya. Now to approve the budget amendments, 20 raise your hand. Unanimous. Thanks for the humor. 21 2.2 pay the bills. 22 MRS. SHELTON: Yes. Today's invoices for 23 consideration $1,524,245.93. 24 COMMISSIONER BELEW: Move for approval. 25 COMMISSIONER GIPSON: Second. 110 1 JUDGE KELLY: Got a motion and second to 2 approve the bills as presented. Any discussion? Those 3 in favor raise their hand. Unanimous. 4 Late bills. 5 MRS. SHELTON: There are not any. 6 JUDGE KELLY: Auditor reports. 7 MRS. SHELTON: Yes. On November the 12th 8 the Treasurer, Director of HR, and myself, we met to 9 discuss the county's payroll process. Just kind of as a 10 review. Personnel cost total including benefits are 11 about 25 million dollars, or just over 50 percent of 12 what our budget is. 13 And each of the three departments has 14 responsibilities. And we all have to have time to 15 perform those duties that we're required to do. And so 16 we met to just kind a discuss the process, and we agreed 17 on the following: 18 The Director of HR is to request a revised 19 pay date schedule for holidays with time she's turned 20 into HR at an earlier date. The Director of HR will 21 discuss enrollment period closing with TAC, that will be 22 for next year. 23 Written documentation including backup of 24 any and all employee changes and Incode payroll system 25 must be kept in the blue payroll file for that payroll 111 1 date. Written documentation should include initial date 2 of employees. Making the change and the employee 3 reviewing the change. Any changes made as a result of 4 the Auditor's Office audit must be resubmitted to the 5 Auditor's Office before forwarding to the Treasurer's 6 Office for processing. 7 Any changes noted by the Treasurer's Office 8 must be submitted to the Auditor's Office for audit 9 before being resubmitted to the Treasurer's Office for 10 processing. All steps should be taken to immediately 11 pay employees their correct pay. 12 The Treasurer's Office invited HR to watch 13 the Treasurer's Office payroll processes. The Auditor's 14 Office invited HR to watch the Assistant Auditor's 15 processes for auditing payroll. And responses to e-mail 16 should be submitted directly to the person making the 17 request. 18 In the future, we're going to be looking 19 at -- again this is just kind of getting ready for the 20 future, on whether or not we need to possibly change the 21 pay period in order to give us little bit more time to 22 prepare all of the steps before payroll is due. 23 And then also, one thing that we'll be 24 looking at in the future is to consider asking the Court 25 to include pay changes to occur at the next full payroll 112 1 cycle after receipt of completed signed HR approved 2 payroll change notice. 3 We'll be researching that a little bit. I 4 believe the County Attorney's Office, there may already 5 be a Court Order that addresses that. So we just wanted 6 you to know that we met and that's what we agreed upon. 7 JUDGE KELLY: Well, my comment is that our 8 employees are the life and blood of the County. And we 9 need to take care of these employees. And sounds like 10 to me that whatever little kinks or bumps in the road, 11 we had to deal with that process, and that is important. 12 And appreciate it. 13 Do we need to adopt anything or just receive 14 the report? 15 MRS. SHELTON: No. It's just kind of 16 hearing the report. 17 JUDGE KELLY: Very good. 18 COMMISSIONER BELEW: Well, I have a question 19 about the -- about this demo you shared with us. The 20 very last thing on here, Tanya, is about communication. 21 Is there some kind of problem with that? 22 MRS. SHELTON: We just -- we've got lots of 23 e-mails going on, and so we just wanted to make sure 24 that whoever sent the e-mail was the one that was 25 directly responded to and not one of the other names 113 1 that were down as being copied as part of the e-mail. 2 Again, it's just a little bitty thing that we were 3 trying to -- 4 COMMISSIONER BELEW: You keep whoever it is 5 the -- 6 MRS. SHELTON: Exactly. 7 COMMISSIONER BELEW: So let's say I'm 8 responding to you and I'm responding to HR. I want to 9 make sure that both get it. 10 MRS. SHELTON: Correct. 11 COMMISSIONER BELEW: Instead of saying I 12 just heard from HR this, instead of responding directly 13 to Jennifer. That's what you're talking about. 14 MRS. SHELTON: Correct. Full transparency. 15 COMMISSIONER BELEW: No. It's a great idea. 16 I just wanted to make sure. 17 JUDGE KELLY: I know these sound like 18 microscopic details, but they're important in details. 19 COMMISSIONER LETZ: And also it's important 20 that -- and this is kind of in general but it certainly 21 relates to this. People shouldn't be copying unless 22 they really need to be in that e-mail. There's a 23 tendency to cover your bases and then copy all kinds of 24 people on e-mails. And this just in general, you need 25 to focus it down. Especially with a lot of the issues 114 1 that we deal with on this Court, and they deal with in 2 their offices. 3 COMMISSIONER BELEW: The need to know. 4 JUDGE KELLY: Thank you. 5 COMMISSIONER BELEW: Because everybody's 6 going to know in about ten minutes anyway. 7 JUDGE KELLY: Some version of it. 8 COMMISSIONER HARRIS: Little tidbits. 9 JUDGE KELLY: 2.5 except monthly reports. 10 COMMISSIONER HARRIS: Okay. For November, 11 2021 Constables. Constable 1, Tommy Rodriguez, 12 Constable 2, Kyle Schneider, Constable 3, Paul Gonzales, 13 Constable 4, Brad Rider. Fines judgments and jury fees 14 collected J.P. 1, Mitzi French, J.P. 2, J. R. Hoyne. 15 J.P. 3, Kathy Mitchell. J.P. 4, Bill Ragsdale. 16 District Clerk, Dawn Lantz, County Clerk, Jackie J.D. 17 Dowdy. Environmental Health, OSSF, Dictor Ashli 18 Badders, and County Auditor, Tanya Shelton. 19 I move for approval. 20 COMMISSIONER BELEW: Second. 21 JUDGE KELLY: Got a motion and second to 22 approve the monthly reports as presented. Any 23 discussion? Those in favor raise their hand. 24 Unanimous, five zero. 25 Information agenda 2.1 -- 115 1 COMMISSIONER LETZ: Court orders first. 2 JUDGE KELLY: I always forget court orders. 3 Court orders. 4 COMMISSIONER LETZ: We have court orders 5 39074 through 39094 from November 22nd. And court 6 orders 39095 and 39096 from our special meeting on 7 December 9th. They all seem to be in order, and I move 8 for approval. 9 COMMISSIONER HARRIS: Second. 10 JUDGE KELLY: Have a motion and a second to 11 approve the court orders as presented. Any discussion? 12 Those in favor raise their hand. Unanimous, five zero. 13 3.1 status reports from Department heads. 14 3.2 status reports from elected officials. 15 MRS. STEBBINS: I have one. Just one. One 16 of my employees Abigail Hurt is leaving to go over and 17 work in a Human Trafficking Division in the 452nd. Her 18 last day is Wednesday, so if y'all have had an 19 opportunity to work with Abby and you get to see her 20 around the courthouse please be sure and tell her thank 21 you and goodbye and good luck. We're going to miss her. 22 JUDGE KELLY: Anything else? 23 3.3 status reports from liaison 24 commissioners. Anything? Okay. I know we've got some 25 executive session items. Let's take a five minute break 116 1 and we'll come back in executive session. 2 (Break.) 3 (Executive Session.) 4 (Judge Kelly absent.) 5 COMMISSIONER LETZ: And the Judge had to go 6 to a meeting. Anyway, are there any motions related to 7 any items in executive session? 8 COMMISSIONER HARRIS: Not at this time. 9 COMMISSIONER LETZ: We're adjourned. 10 * * * * * * 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 117 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 31st day of December, 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