1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Regular Session 5 Monday, August 8, 2022 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 *** Visitor's Input. 6 4 *** Commissioner's Comments. 15 5 1.1 Consider, discuss and take appropriate 16 action to approve the payment of Director's 6 and Officer's Insurance for the Kerr County Bail Bond Board. 7 1.2 Passed. 8 1.3 Consider, discuss and take appropriate 22 9 action to appoint Mark Del Toro to the Veterans Services Advisory Committee. 10 1.4 Consider, discuss and take appropriate 23 11 action to enter into a contract with S. Kanetzky Engineering, LLC in response to 12 Request For Information (RFI) received from Texas Division of Emergency Management (TDEM) 13 concerning the generator project for the Volunteer Fire Departments. Contract not to 14 exceed $7,500.00. 15 1.5 Consider, discuss and take appropriate 26 action to approve action regarding the 16 optional $1.50 Child Safety Fee and the optional $10.00 County Road & Bridge Fee 17 for 2023 vehicle registration per request from Texas Department of Motor Vehicles, and 18 authorize the Tax Assessor Collector to submit the approval to the Texas Department of Motor 19 Vehicles. 20 1.6 Consider, discuss and take appropriate 32 action regarding the calculations of the 2022 21 property tax rates for Kerr County and Lake Ingram Estates Road District. 22 23 24 25 3 1 I-N-D-E-X 2 NO. PAGE 3 1.5 Consider, discuss and take appropriate 36 action to approve action regarding the 4 optional $1.50 Child Safety Fee and the optional $10.00 County Road & Bridge Fee 5 for 2023 vehicle registration per request from Texas Department of Motor Vehicles, and 6 authorize the Tax Assessor Collector to submit the approval to the Texas Department of Motor 7 Vehicles. 8 1.9 Consider, discuss and take appropriate 38 action on request from Tukong-Kerrville 9 Martial Arts to use Flat Rock Park on Saturday, September 17, 2022 for their 10 anniversary party. Request includes adding two port-a-potties for the event at their 11 expense. 12 1.7 Consider, discuss and take appropriate 40 action to update OASys Access Agreement with 13 Texas Association of Counties for the Employee Benefits Pool (TAC HEBP). 14 1.8 Consider, discuss and take appropriate 42 15 action to remove or replace power pole located on northwest corner of the courthouse 16 parking lot. 17 1.10 Consider, discuss and take appropriate 43 action to ratify and confirm the First 18 Amendment to Grant Contract No. 2219087 between the Office of the Attorney General 19 (OAG) and Kerr County regarding Statewide Automated Victim Notice Services (SAVNS) 20 grant. The amendment changes the legal name of the vendor from Appriss, Inc. to Appriss 21 Insights, LLC. 22 1.11 Consider, discuss and take appropriate 43 action to set public hearing on the proposed 23 Kerr County budget for FY 2022-2023 at 9:45 a.m. on August 22nd, 2022, and authorize County 24 Clerk to publish notice of Public Hearing. 25 4 1 I-N-D-E-X 2 NO. PAGE 3 1.12 Consider, discuss and take appropriate 44 action to approve General Provisions for 4 the FY 2022-2023 budget. 5 1.13 Consider, discuss and take appropriate 45 action on implementation of the burn ban. 6 1.14 Consider, discuss and take appropriate 45 7 action on A1101 TxCDBG Contract Amendment Modification request, Texas Department of 8 Agriculture for Texas Community Development Block Grant Projects 7217045, 7218045, and 9 7218055. 10 1.15 Public hearing on a request to abandon, 47 vacate and discontinue an approximately 11 900-foot portion of Stewart Junkin Road, said road to be replaced with a different 12 alignment approximately 150 feet east of its current intersection with River Road. 13 1.16 Consider, discuss and take appropriate 60 14 action on request to abandon, vacate, and discontinue an approximately 900-foot portion 15 of Stewart Junkin Road, said road to be replaced with a different alignment 16 approximately 150 feet east of its current intersection with River Road. 17 1.17 Public hearing for a revision of plat for 79 18 the Reserve at Falling Water Lots 31R1 and 31R2. Plat file #18-06888. 19 1.18 Public hearing for a revision of plat for 79 20 Post Oak Estates Lot 7 and Water Works Lot. 21 1.19 Consider, discuss and take appropriate 79 action for the Court to conditionally approve 22 a revision of plat for Post Oak Estates Lot 7 and Water Works Lot, with the condition that 23 the City of Kerrville approve and sign plat. 24 25 5 1 I-N-D-E-X 2 NO. PAGE 3 1.20 Consider, discuss and take appropriate 81 action to accept three $10 anonymous gift 4 card donations received by Kerr County and place said gift cards in the possession of 5 the Kerr County Human Resources Department to be used in county-wide employee training events. 6 1.21 Consider, discuss and take appropriate 82 7 action for the Court to approve a final plat for Rivenburgh Wine Addition. 8 1.22 Consider, discuss and take appropriate 82 9 action for the Court to set a public hearing for 10:00 a.m. on September the 12, 2022 for 10 | a revision of plat for the Hartshorn Country Sites-Site No. 2. 11 1.23 Information and discussion for a potential 84 12 subdivision referred to as Twin Creeks Estates. 13 1.24 Consider, discuss and take appropriate 98 action to set a public hearing for September 14 26, 2022 at 10:00 a.m. for a proposed cancellation of Tract 7, 52.82 acres of the 15 Theodore and Dorothea Oehler Estate subdivision. 16 1.25 Information and discussion for a potential 100 subdivision referred to as Apache Trace. 17 2.1 Budget Amendments. 102 18 2.2 Pay Bills. 102 19 2.5 Accept Monthly Reports. 103 20 2.6 Court Orders. 104 21 3.2 Status reports from Elected Officials. 104 22 1.11 Consider, discuss and take appropriate 106 23 action to set public hearing on the proposed Kerr County budget for FY 2022-2023 at 9:45 24 a.m. on August 22nd, 2022, and authorize County Clerk to publish notice of Public Hearing. 25 *** Adjournment. 108 6 1 JUDGE KELLY: Good morning. Kerr County 2 Commissioners' Court is now in session. It is Monday, 3 August the 8th, 2022, 9 o'clock in the morning. And if 4 you would, please rise for the prayer and pledge, which 5 will be led by Commissioner Belew. 6 (Prayer and Pledge) 7 JUDGE KELLY: Please be seated. I want to 8 remind everyone to please turn your phones to vibrate or 9 off so you don't interrupt the proceedings. And with 10 that, we always begin our regular meetings with public 11 input. We ask that you limit your remarks to three 12 minutes. I see we have a number of people that have 13 open comments, and then we have one that has a -- 14 Miss Hall has a -- 15 MS. HALL: It's a twofer. 16 JUDGE KELLY: A twofer? Okay. And 17 Mr. Paces. 18 MR. PACES: I'm Rich Paces. I'm from Center 19 Point. Gentlemen, whether you appreciate it or not, we 20 are under invasion. Our state is being invaded. So 21 today, I ask that the Commissioners' Court join Kinney, 22 Edwards, Goliad, Terrell, Presidio, Maverick, Parker and 23 Atascosa Counties in passing a Resolution to declare an 24 invasion of our southern border. 25 There is no doubt that the more than two 7 1 million migrants who have illegally crossed Texas 2 southern border in the last year and a half is, in fact, 3 an invasion and a challenge to our state's sovereignty. 4 This invasion crisis is affecting every county in Texas 5 and nearly every state in our union. It's overwhelming 6 our social support systems and placing a huge financial 7 burden on taxpayers. The Mexican cartels are the only 8 ones in control of our border and they're profiting from 9 horrific human trafficking and gang-related crime, and 10 are flooding our streets with fentanyl and other lethal 11 drugs. 12 More than 50 suspected terrorists have been 13 apprehended since Biden took over. Now, Sheriff Larry 14 Leitha has been very clear that illegal immigration has 15 increased crime and drug use in our County. So Kerr 16 County should join the other Texas counties who have 17 declared an invasion at our border and press Governor 18 Abbott to declare an invasion and start deporting those 19 who violate our laws by crossing into Texas illegally. 20 Look, I wrote to Governor Abbott about a 21 month ago asking why he's not taken that action. But 22 sadly, he's failed to respond in any form or kind. And 23 he's very silent on this issue. But I urge the Court to 24 move a resolution to declare an invasion of our border, 25 using the Resolution prepared by American Stewards of 8 1 Liberty, which you all have a copy of. And if enough 2 counties declare an invasion, perhaps Governor Abbott 3 will finally do the same. 4 We've got to start deporting all apprehended 5 invaders. This is the only action that will stop the 6 invasion and the horrific crimes associated with it by 7 taking away the incentive to cross our border illegally. 8 Thank you. And please, let's get this done. 9 JUDGE KELLY: Mr. Fitch. 10 MR. FITCH: Good morning. Thank you. My 11 name is Bill Fitch. I'm at 403 Forest Ridge Drive, here 12 in town. Just very simply without any pre-thought. I 13 was driving in this morning to this meeting and realized 14 that we're at a point -- desperately at a point where 15 needs are the only thing that we should be considering. 16 Wants are great. Wants are wonderful when things are 17 good. Things are not good at all right now and we need 18 to just be looking at needs. And I want to echo also 19 what Rich just said. That's certainly a need as well. 20 Thank you. 21 JUDGE KELLY: Thank you. Mr. Sheffield. 22 MR. SHEFFIELD: Your Honor. Commissioners. 23 My name is John Sheffield. I'm the owner of the Ole 24 Ingram Grocery, and I live at 204 Verde Park Boulevard 25 in Center Point. I came to the Court two weeks ago in 9 1 public input talking about the sad state of -- and 2 affairs as far as a lot of businesses in the County. 3 People that I've talked with. And all the things going 4 on. And, you know, I started thinking about it a little 5 bit more and kind of to indulge on it a little bit more, 6 it's -- the past three years we've lost a lot out in the 7 public. Retail. Things like that. 8 So when we do things in upcoming and in the 9 future, I'd like to just leave us with this, has anybody 10 at the County lost any payroll in the last three years 11 working for the County? Has anybody at the County lost 12 any of their health care benefits within the past three 13 years? Has anybody that works at the County lost any of 14 their retirement benefits in the last three years? And 15 I'll leave it with you gentlemen and I ask that 16 question. 17 JUDGE KELLY: Thank you. Ms. Mitchell. Oh, 18 you've got an item on the Agenda, right? 19 MS. MITCHELL: It's about the proposed 20 raises and stuff. 21 JUDGE KELLY: Okay. 22 MS. MITCHELL: Basically it's what he just 23 said. Y'all voted for a raise, and y'all got one last 24 year. Y'all are all elected officials. Y'all choose to 25 do this. Most of you have other jobs on top of this. I 10 1 know there's some hourly people that work for the County 2 that could use a raise to help with the way the 3 inflation is, our taxes going up, and all of that. 4 I don't think it's prudent at this time for 5 elected officials to include their self in a raise. 6 There's too many people here in our County that are 7 having trouble making ends meet. They're having to go 8 to food banks to help pay for their groceries. They're 9 having to ask for Federal help to pay for their 10 groceries and their needs. They're going to churches 11 some to ask for help with electricity. We need to 12 tighten our budget instead of raise our budget. 13 There's just one example. We need to be 14 more prudent about the money we spend on items. They 15 are redoing the bridge in my neighborhood that really 16 didn't need to be redone. I voiced that to our previous 17 Commissioner. They took out two over a hundred year-old 18 cypress trees to take out a historical bridge. That's a 19 bridge to nowhere. The houses in the front part of it 20 could be reached from one part of the road. You could 21 go a half a mile around and reach everything else. That 22 bridge wasn't needed. It could be blocked off and those 23 hundreds of thousands of dollars could have been saved 24 and used elsewhere. 25 So when you're looking at your budget, 11 1 please look at items like that, that really don't need 2 to be done, that that money can be spent elsewhere that 3 does need to be done. 4 And that was just my comments when y'all 5 were working on the budget, to please keep us in mind. 6 Because not everybody gets a raise every year. And not 7 everybody can afford to live here. And if our taxes 8 keep going up, I don't care how much you build 9 affordable housing, with the interest rates going up and 10 the taxes going up, these people are still not going to 11 be able to afford a $230,000 home. And the landlords 12 aren't going to absorb the tax rates, they're going to 13 raise the rent. And that's just my comment. Thank you 14 for listening. 15 JUDGE KELLY: Thank you. Okay. Ms. Hall. 16 MS. HALL: Good morning. My name is Terri 17 Hall, and I live on Independence Lane in Ingram. And 18 that's not by accident by the way. I'm here to talk 19 about three different things. The first is the salary 20 increases across the board. We did not ask for across 21 the board salary hike. We asked for a targeted increase 22 for our Sheriff's deputies only. I want to be very 23 clear about that. What they do is vastly different from 24 most county employees. And we all know this. They put 25 their lives on the line for us every single day. 12 1 They're in the line of fire so to speak. They are 2 dealing with a massive increase in crime. An invasion 3 at the border. People pouring into our community. 4 Human trafficking. Narc trafficking. Do we need to go 5 on? 6 They have to have the ability to support 7 their families and we cannot afford to lose one deputy 8 to another department right now. We are basically in 9 the middle of a deluge and this is not the time for them 10 to be struggling to put food on the table with all the 11 other stress that their jobs bring. 12 So we want to be very clear about that. We 13 were absolutely shocked to find out that y'all are even 14 considering across the board pay increase when our group 15 clearly said it was just for the Sheriff's deputies. We 16 did not support that in any way, shape or form. 17 Especially in the middle of a recession. 18 And what do ordinary families have to do 19 when we're faced with high inflation and feeling unsafe 20 and all the things going on in our schools, and all the 21 stress that's happening around us all the time? We have 22 to cut and we have to cut big. And that's just to keep 23 paying our property tax and hang onto our houses. 24 That's not counting all this in addition to. 25 And when you increase county budget, that 13 1 means we have to as taxpayers pay for that. We have to 2 absorb that. And that's always a push/pull with 3 government. I mean we need government in certain 4 respects, there's no question, and we need to fund that. 5 But at the end of the day when we're all hurting and -- 6 and like Mr. Fitch said, we're about needs at this 7 point. Wants are completely off the table. We need you 8 to hold the line and recognize that. That your citizens 9 are struggling. And, if anything, y'all should be -- I 10 mean I've known the County Commissioners in other 11 counties that they'll take -- they won't even take a 12 salary because they want to give that back to the 13 taxpayers. 14 Second thing is the bond. This is the 15 absolute worse time to put a bond on the election in 16 November. Don't even try it. Don't even bother. We 17 can't afford it. And when we can't pay using existing 18 taxes for basic needs like different roads or other 19 things that we need, that means we can't afford it. So 20 we need to make the budget match what we can afford with 21 existing tax revenue. You all get more every year 22 because our appraisals go up every year. We cannot 23 sustain this. And the endless government spending, the 24 inflation package that just passed is not just the 25 County, we have Federal taxes, we have State taxes, we 14 1 have local taxes. And all of that compounded with 2 inflation and the price of gas and food, your residents 3 can't afford it. They can't absorb it. They can't 4 sustain it. 5 And what's going to happen when they lose 6 their house, have some big corporation come up and make 7 it a short-term rental? I mean that's what's going to 8 happen to us. And what kind of community will we have 9 then. 10 The third thing is to agree with Mr. Paces. 11 We absolutely are calling for the County to do 12 something. So the other two things we don't want you to 13 do. This, we want you to do. How's that? All right. 14 So we want you to declare an invasion at the 15 border. And we need a local disaster declaration to get 16 access to funds to help the County get reimbursed for 17 the massive influx that you're having to deal with 18 because of everybody else's problems they won't take 19 care of. 20 So those are two vital things we need done. 21 Mr. Paces covered it very well about the amount of 22 increase in crime and all of the things that -- that -- 23 the ripple effect that it's having in our County and 24 everything else. 25 So we need you to do that and we need to do 15 1 it immediately. So we appreciate your support on that. 2 JUDGE KELLY: Okay. Let's move on to 3 Commissioners' Comments. Precinct 1. 4 COMMISSIONER BELEW: I'd like to be 5 introduced to this guy. I don't know who's sitting next 6 to me. I haven't seen him in that chair in a while. 7 I don't really have anything to say. Just 8 we need rain and be careful out there. We've had a lot 9 of big fires lately. 10 JUDGE KELLY: Two. 11 COMMISSIONER GIPSON: We have issues with 12 water. And people need to be careful with your -- the 13 utilization of it. 14 JUDGE KELLY: Three. 15 COMMISSIONER LETZ: I think everyone knows 16 that on September 7th at 5:30 at the UGRA lecture hall 17 there will be a public meeting about the flood planning 18 group. It's a regional plan that's been put together. 19 Kerr County has not had as much input as I would have 20 liked at that flood planning group. But they are coming 21 up here and the draft plan is on their website, which 22 is -- I don't know, I'm not sure exactly what it is. 23 But it's also on the Region J website, we're going to 24 post it. But it will have an impact on this County and 25 some of the projects that we have, especially in the 16 1 eastern part of the County, Center Point the most, for 2 funding. That those projects are included. And they 3 are important. So that's September 7th at 5:30. 4 JUDGE KELLY: Four. 5 COMMISSIONER HARRIS: I was out of town all 6 weekend and got home. And got about a quarter inch of 7 rain. I notice here at the courthouse we got a quarter 8 inch. It's not much, but it's one less dry day. 9 Also, be aware that schools will be starting 10 up soon. Watch your school zones and what have you. 11 And they're gearing up for it right now. That's all I 12 got. 13 JUDGE KELLY: Okay. Very well. Then we'll 14 go to the Consideration Agenda. Item 1.1 consider, 15 discuss and take appropriate action to approve the 16 payment of Director's and Officer's Insurance for the 17 Kerr County Bail Bond Board. Ms. Harris -- Judge 18 Harris. I'm sorry. 19 JUDGE HARRIS: That's all right. Thank you. 20 Thank you for considering this. The Bail Bond Board 21 here is supervised, regulate each phase of the bonding 22 business in the County. And whether or not you're 23 aware, the Board is composed of all elected officials 24 for the most part. The Sheriff, District Judges, County 25 Judge, County Court at Law Judge, the D.A.'s, Justice of 17 1 the Peace, District Clerk, County Clerk, and Treasurer. 2 We are on the Board by statute, not by 3 choice. And we are -- we meet quarterly. We had a 4 million dollar policy that costs $500.00 a year. And 5 that has now increased -- the best premium we could get 6 was $3,750.00 and the amount is $250,000. We've checked 7 with TAC, the Texas Association for Counties, to see if 8 we would be covered if the Board were to be sued. And 9 no, probably not. Best to get outside coverage. So we 10 are asking the Court to consider covering the insurance. 11 Now, I know that -- 12 JUDGE KELLY: Let me weigh in on this. 13 Because I know a little bit about being on this, I used 14 to give presentations to the State Bar on directors and 15 officers insurance. 16 These D&O policies protect the directors 17 when they get sued. And I strongly recommend it. If 18 you recall a couple years ago, I was advocating at the 19 airport board to get D&O insurance. And they can't. 20 They've tried. As the Sheriff knows. They haven't been 21 able to find somebody that will write it for them. And 22 their problem is that they're not elected officials like 23 the Bail Bond Board is, but because the airport is owned 24 50 percent by the City and 50 percent by the County, the 25 underwriters don't approve. Not much we can do about 18 1 that. 2 But quite frankly, any -- anybody that works 3 on a County board to serve the County ought to have 4 insurance so that if they get sued they're protected. 5 The problem is that, in this case, the premium just went 6 up and the -- the coverage went down. 7 But and I will tell you that we did 8 anecdotal studies of counties in the area and I think 9 there's only one suit that we found that came up and it 10 was over in Comal County. And at the end of the day I 11 think they paid $5000.00 on it. So there's not a whole 12 lot of risk here. But at the same time, they're putting 13 themselves at risk by serving on these boards and we're 14 requiring them to do it and we ought to protect them. 15 That's what I've got to say about that. 16 COMMISSIONER HARRIS: Well, then I want to 17 hear your two cents on it, which one of these options 18 that we get to that way would you recommend? 19 JUDGE KELLY: Well, I think at this point 20 you'd always like to have a million dollar coverage, 21 right? 22 COMMISSIONER HARRIS: Oh, of course you 23 would. 24 JUDGE KELLY: But I think 250 is probably 25 adequate considering the relatively low risk that we 19 1 have. And quite frankly, if we can't get them out of a 2 lawsuit for $250,000, there's something wrong. 3 COMMISSIONER HARRIS: Right. 4 COMMISSIONER BELEW: Well, is there a 5 better -- that being the case, is there a better policy 6 than this that provides less coverage? 7 JUDGE KELLY: I don't know. That -- I'm 8 deferring to -- 9 MR. FITCH: Can I ask a question from y'all? 10 JUDGE KELLY: If you go to the podium. 11 MR. FITCH: Okay. May I? 12 JUDGE KELLY: Yes, sir. 13 MR. FITCH: Bill Fitch again. And I don't 14 know what I'm talking about, but can we do it 15 individually? Can -- can a person -- because I think 16 I've got a million dollars for $250.00 as an umbrella 17 type thing. Is that what you're talking about? 18 JUDGE KELLY: No, this -- that's -- that's 19 an excess liability policy that you got. I've got one 20 of those, too. 21 MR. FITCH: Okay. So that wouldn't cover 22 the people individually? 23 JUDGE KELLY: I have not -- I don't know 24 about that. 25 MR. FITCH: Okay. 20 1 JUDGE KELLY: I can't answer that question. 2 COMMISSIONER BELEW: Well, I think it needs 3 further investigation before we decide on it. That's a 4 huge amount and it's a lot less. And, you know, the 5 difference between the -- you're coming up with the 6 short end of the stick in both cases. 7 COMMISSIONER LETZ: What's the -- Judge 8 Harris, what's the policy date? What are the terms when 9 the policy expires? 10 JUDGE HARRIS: It's actually -- we're out of 11 coverage right now. It's July 24th, 2022. We got these 12 quotes from Garrett Insurance. They went through all 13 the insurance companies that would insure a bail bond 14 board, and these were the ones that they came up with. 15 Most of them don't. 16 COMMISSIONER LETZ: And I think it's not 17 appropriate for us to not cover them. They're required 18 to do it. I make a motion that we approve option one 19 with the premiums of $3,750.00. 20 COMMISSIONER GIPSON: I'll second that. 21 JUDGE KELLY: We've got a motion and a 22 second. Discussion? 23 COMMISSIONER LETZ: I mean, I agree with 24 what Commissioner Belew said but I think it's not right 25 to have them uncovered until -- and if we get a lower 21 1 policy we can always cancel it, I'm sure, and get a 2 refund. 3 COMMISSIONER BELEW: Well, then I would say 4 that that should be part of the motion, that pending any 5 better deal that we could find. Because -- I'll vote 6 for what you're saying if we are going to continue 7 looking. If we're going to drop it after today and 8 forget about it then I'm not going to vote for it. 9 COMMISSIONER LETZ: I'm fine with that. And 10 request that y'all look to see if maybe there's some 11 better options that could be taken; however, go ahead 12 and continue. If we do find a better option, please 13 bring it back and we'll cancel the policy. 14 JUDGE HARRIS: Absolutely. Happy to do 15 that. 16 JUDGE KELLY: Okay. Any other discussion? 17 Those in favor raise your hand. Unanimous, five zero. 18 Thank you, Judge Harris. 19 JUDGE HARRIS: Thank you very much. I 20 appreciate your time. I know you've got tough 21 decisions. 22 May I be excused? 23 JUDGE KELLY: Yes. 24 Item 1.2 consider, discuss and take 25 appropriate action regarding a donation of a woods lamp, 22 1 to detect ringworm, to the Kerr County Animal Service 2 Department from Kerrville Pets Alive. Ms. Guerriero. 3 MRS. GRINSTEAD: Judge, can we pass on that 4 until the next meeting? 5 JUDGE KELLY: Okay. We'll pass on that. 6 Move along to Item 1.3 consider, discuss and take 7 appropriate action to appoint Mark Del Toro to the 8 Veterans Services Advisory Committee. Mr. Noller. 9 MR. NOLLER: Good morning. Gary Noller, 10 140 Ray Drive, Center Point. The Veterans Services 11 Advisory Committee has authorized five positions, and 12 we're currently at four. We had five earlier this year, 13 but Bill Cantrell decided to step down and take care of 14 family matters and some health issues. 15 The Advisory Committee would like to 16 nominate Mark Del Toro, who is here with us today, to 17 take the unexpired term of Bill Cantrell. Mark has been 18 involved in the last year or so with activities related 19 to the Veterans Services Office and veterans events that 20 have been held. We think he'd make a great addition to 21 the committee. And so we hereby request that you 22 consider that and, if at all possible, make approval of 23 that today. Thank you. 24 COMMISSIONER LETZ: I move for approval. 25 COMMISSIONER GIPSON: Second. 23 1 JUDGE KELLY: We've got a motion and a 2 second to approve Mark Del Toro to serve on the Veterans 3 Services Advisory Committee. Any discussion? 4 COMMISSIONER LETZ: I'll make one comment. 5 I appreciate that Mark has been very involved with 6 veterans programs. Appreciate you're agreeing to serve. 7 And also Gary, if you would please pass on to Mr. 8 Cantrell our appreciation for his serving and leadership 9 he's shown for numerous years. 10 MR. NOLLER: Certainly will. 11 JUDGE KELLY: Okay. Any further discussion? 12 COMMISSIONER HARRIS: Mark doesn't have to 13 give a speech or anything? 14 MR. DEL TORO: Only if you need me to. 15 JUDGE KELLY: Just say anchor's away. 16 MR. DEL TORO: I don't want to hurt 17 anybody's -- 18 JUDGE KELLY: My son went to the Naval 19 Academy, so I recognize that cap of yours, too. Not 20 lost on me. Okay. Any other discussion? Those in 21 favor raise your hand. Unanimous. Thank you, Mark. 22 Thank you, gentlemen. And Gary, always a pleasure. And 23 Jenna, sitting in the back, too. 24 Item 1.4 consider, discuss and take 25 appropriate action to enter into a contract with S. 24 1 Kanetzky Engineering, LLC in response to Request For 2 Information received from the Texas Division of 3 Emergency Management concerning the generator project 4 for the Volunteer Fire Departments. And this is a 5 contract not to exceed $7,500.00. Dub. 6 MR. THOMAS: Good morning, Judge. Good 7 morning, Commissioners. So about ten days ago, we 8 received a request for information from TDEM concerning 9 the generator project that we were working for for the 10 Volunteer Fire Departments. You know, we're trying to 11 get that initiative done through TDEM and FEMA at a 12 90-10 cost share. 13 So TDEM sent back a request for information 14 concerning both the locations of the generators as well 15 as how they are going to be connected to the Department 16 themselves. Part of that I replied and we were able to 17 satisfy with Charlie Hastings and the County Engineers 18 office. The other part's going to take an electrical 19 engineer. 20 So they want to know how -- how wide and how 21 deep the trench needs to be, what the connections are 22 going to look like. Also, I think Mr. Kanetzky is going 23 to review the Volunteer Fire Departments to make sure 24 that we're getting the appropriate sized generators for 25 each one of those locations. So my talks with 25 1 Mr. Kanetzky over the week -- or latter part of last 2 week was that he could do this for us for a contract not 3 to exceed $7,500.00. 4 COMMISSIONER BELEW: I move for approval. 5 COMMISSIONER LETZ: Second. 6 JUDGE KELLY: We've got a motion and a 7 second to approve the contract with S. Kanetzky 8 Engineering for the generator project for the Volunteer 9 Fire Departments. Any discussion? 10 COMMISSIONER HARRIS: Dub, where are we at? 11 I mean, he comes in and basically consults and does -- 12 gives his opinion. Then were do we go? 13 MR. THOMAS: Well, once we have answered the 14 RFI and TDEM is satisfied with our response to that RFI, 15 TDEM will go through all the list of initiatives and 16 projects that have been put up throughout the State, and 17 pick which ones they want to send it to. If we're 18 chosen and it goes to FEMA, I'm sure FEMA'S going to 19 come back with some more requests for information as 20 well. 21 COMMISSIONER BELEW: But this -- we have to 22 have this to kick start to this? 23 MR. THOMAS: Yes, sir. Yes, sir. 24 The other -- the other issue is the 25 generator is -- I don't know if anybody here has 26 1 purchased a generator, but you're probably a year out to 2 be able to getting it delivered. So -- so we -- we've 3 got to get this RFI answered and submitted to TDEM. 4 JUDGE KELLY: And this generator project is 5 a follow-up to the snowstorm we had last year? 6 MR. THOMAS: Correct. 7 JUDGE KELLY: And we learned that we really 8 needed it. And the fact that TDEM has sent us an RFI is 9 actually a good sign. 10 MR. THOMAS: It is. 11 JUDGE KELLY: In addition to what we're 12 requesting. And this is something that's important out 13 in the County for the Volunteer Fire Departments. So 14 I'm -- I'm wholeheartedly in support of it. So any 15 other discussion? Those in favor raise your hand. 16 Unanimous. Thanks, Dub. 17 MR. THOMAS: May I be excused? 18 JUDGE KELLY: Yes, sir. 19 MR. THOMAS: Thank you. 20 JUDGE KELLY: People want to get out of this 21 room today. Okay. I'm looking for Ms. Shelton. 22 MS. SHELTON: I believe we're going to talk 23 about 1.5 maybe first? 24 JUDGE KELLY: Yes. Mr. Reeves is not here. 25 Okay, very good. Let me call it. Item 1.5 is consider, 27 1 discuss and take appropriate action to approve action 2 regarding the optional $1.50 Child Safety Fee and the 3 optional $10.00 County Road and Bridge Fee for 2023 4 vehicle registration per request from the Texas 5 Department of Motor Vehicles and authorize the Tax 6 Assessor Collector to submit the approval to the Texas 7 Department of Motor Vehicles. 8 MS. MCCLINTOCK: Good morning. I'm Jamie. 9 I'm standing in for Mr. Reeves today, our Tax Assessor 10 Collector, in regards to continuing fees. Section 11 502.403 of the Transportation Code allows the County to 12 charge a fee not to exceed $1.50 when registering your 13 vehicle. The $1.50 fee is dedicated to Child Safety. 14 Kerr County began collecting this fee on January 1st, 15 2021. During the current calendar year, our office has 16 collected $46,121.50. 17 In addition, Section 502.401 of the 18 Transportation Code allows the County to charge a fee 19 not to exceed $10.00 when registering a vehicle. The 20 $10 fee is dedicated to the County Road & Bridge Fund. 21 According to the Texas Department of Motor Vehicles, 22 during the 2021 calendar year Kerr County collected 23 $576,250.00 from this fee. During the current calendar 24 year, Kerr County has collected $307,410.00 from this 25 fee. 28 1 Those fees must be approved prior to 2 September 1st of each year. These fees become effective 3 on January 1st of the follow year. The County Tax 4 Assessor Collector respectfully requests that the Court 5 approve the $10.00 optional fee for the Road & Bridge 6 Fund of the County, and the optional fee of $1.50 for 7 the Child Safety fee. Such fees would be effective 8 January 1st, 2023. After approval, the Tax Assessor 9 Collector will forward the Court Order to the Texas 10 Department of Motor Vehicles. 11 COMMISSIONER LETZ: Jamie, both of these are 12 dedicated. You mentioned the Road & Bridge was 13 dedicated, that was for the Road & Bridge Department. 14 And the Child Safety is a dedicated County fund that we 15 have control over? 16 MS. MCCLINTOCK: Yes, sir. 17 COMMISSIONER LETZ: Then those would be used 18 on items, you say, crossing guard services, child abuse, 19 things of that nature? 20 MS. MCCLINTOCK: I believe. I'd have to 21 confirm that with -- with Bob on that one. 22 COMMISSIONER BELEW: But it goes into a fund 23 that has parameters on it -- 24 MS. MCCLINTOCK: Yes, sir. 25 COMMISSIONER BELEW: -- or guidelines? 29 1 MS. MCCLINTOCK: Yes, sir. 2 COMMISSIONER LETZ: I move for approval. 3 MRS. HALL: There's public comment on this. 4 JUDGE KELLY: Pardon? 5 MRS. HALL: There's public comment on this 6 item. 7 JUDGE KELLY: We have to have a motion and a 8 second before we can have public comment on it. 9 COMMISSIONER BELEW: Second. 10 JUDGE KELLY: So we have a motion and a 11 second. Door's open for discussion. Any comments? 12 MRS. HALL: I have a comment. 13 JUDGE KELLY: Yes. Ms. Hall. 14 MS. HALL: Okay. Any fee increase is a tax 15 increase. That's the bottom line. I have really spent 16 the last almost 20 years of my life in the legislature 17 opposing every vehicle registration fee hike known to 18 mankind. Our Governor, when he ran for office, said 19 we're going to fix Texas roads without raising taxes, 20 debt fees or tolls. So we're going totally against what 21 our elected officials that we elected to do, these 22 policies. We're going against that by doing this. 23 I don't care if you did it last year; this 24 year's a whole new deal. We're in record inflation. 25 We're in a recession. People don't have money. And to 30 1 you it might be just $10. But for my teens, who are 2 just trying to enter to get a car, and the cost of this 3 adds to their ability to pay all the taxes on it, to pay 4 the registration fees, and they have to pay their 5 insurance, and they've gotta pay their gas, when they 6 only make ten bucks an hour, how are they going to do 7 it? 8 This is the road to self-sufficiency for our 9 young people. It's not just about us who have been 10 doing it forever. Okay. And I have a new teen driver 11 every two years in my house. So this hits us very, very 12 hard. 13 My son just bought a used car. Could barely 14 afford it with the money he has saved and worked for two 15 years in high school to do that, which is hard to do 16 when you're working with school and everything else, 17 right? And when we told him how much his taxes and his 18 registration fees were going to be on top of that, his 19 eyes popped out of his head. How am I going to do that? 20 Now I have to wait for another paycheck. I can't do it. 21 I can't pay it. 22 So $10 to you and I might be a completely 23 different story. Especially those who can barely afford 24 to make ends meet as it is. So I really take offense to 25 having to go up there and spend so many years of my life 31 1 fighting against vehicle registration fee hikes to come 2 back here and have my County vote for it. That's 3 insanity. It's a tax hike. And in a time we have a 4 recession, you shouldn't be doing it. 5 JUDGE KELLY: Any discussion on the floor? 6 COMMISSIONER HARRIS: Yes. Tanya, like this 7 $1.50 fee. Do you know where it -- where we paid it out 8 over the past year? Where it has gone? 9 MRS. SHELTON: I -- I will have to look 10 directly into it. There's a whole lot of stuff in our 11 budget that covers what that fee will provide for. So 12 it's multiple different places. We also share it with 13 the City Kerrville and the City of Ingram. So -- and 14 it's all divided up by population. 15 JUDGE KELLY: Okay. Any other discussion? 16 COMMISSIONER BELEW: We took this fee last 17 year? 18 COMMISSIONER LETZ: Right. 19 COMMISSIONER BELEW: Same price, Jamie? 20 MS. MCCLINTOCK: Same price. 21 COMMISSIONER BELEW: Okay. And how many 22 years? 23 MS. MCCLINTOCK: Two. This would be -- 24 started in 2021? 25 MRS. SHELTON: Yeah. 32 1 MS. MCCLINTOCK: We started -- January of 2 2021 is when we first started, so this would be the 3 third year. 4 COMMISSIONER HARRIS: And the $10.00 fee 5 goes directly to our County Roads & Bridge? 6 MRS. SHELTON: Yes, sir. It has its own 7 line item in the Road & Bridge. 8 JUDGE KELLY: Any other discussion? Those 9 in favor raise your hand. Opposed. 10 (Commissioners Belew and Harris opposed.) 11 JUDGE KELLY: Okay. Three-two. 12 Item 1.6 consider, discuss and take 13 appropriate action regarding the calculations of the 14 2022 property tax rates for Kerr County and Lake Ingram 15 Estates Road District. Ms. Shelton. 16 MRS. SHELTON: Good morning. Tax Code 17 Section 26.04(c) requires an officer designated by the 18 governing body to calculate the no new revenue tax rate 19 and voter approval rate for the County. These tax rates 20 are expressed in dollars per $100 of taxable value 21 calculated. The calculation process starts after the 22 chief appraiser delivers to the taxing unit the 23 certified appraisal roll, and the estimated values of 24 properties under protest. The designated officer shall 25 certify that the officer has accurately calculated the 33 1 tax rates, and used values shown for the certified 2 appraisal rolls are certified estimates. 3 The officer submits the rate to the 4 governing body as soon as practical after August the 5 7th. The tax collector -- the Tax-Assessor Collector is 6 the certifying officer, and he has signed the forms as 7 such. The County Auditor is presenting his certified 8 rate in his absence. 9 For Kerr County, the combined no new revenue 10 rate is .4051 per $100 valuation. This rate is the rate 11 that was used for the 2022-23 proposed budget. The no 12 new revenue rate is the rate that will generate the same 13 tax revenue as the prior year. Taxpayers make the 14 increase or decrease dependent on their circumstances. 15 An example of this would be if there's a 16 home right now with frozen taxes, and if that sells to 17 somebody that isn't qualified to be -- have frozen 18 taxes, then that revenue would come back and increase 19 the revenue that the County gets. Another example would 20 be the new value that comes in from new construction. 21 So the M&O rate for the County, again this 22 is all how the .4051 rate is derived. We have a 23 maintenance and operations rate of .3373, a debt rate of 24 .0425, and then the lateral road rate, which is the -- 25 dedicated to the Road & Bridge fund only, is .0253. 34 1 This rate is an 11 percent decrease from the 2021 rate 2 of .4542. Property taxes on the average home value of 3 $287,275.00 would be $1,163.75 at the combined no new 4 revenue rate. 5 JUDGE KELLY: Could you repeat that? 6 MRS. SHELTON: The average home of $287,275, 7 the taxes would be $1,163.75. So they asked us also in 8 -- for -- in the form that the State is asking us to 9 fill out, so the County's combined 2022 voter approval 10 tax rate is .4802 per $100 valuation. If we go above 11 this rate, then it triggers an election by the 12 taxpayers. 13 So the M&O rate is .4115, the debt rate 14 remains at .0425, the lateral roads rate would be .0262, 15 and this rate is an eight percent decrease from the 2021 16 rate of .5229. At this rate, the property taxes on the 17 average home value would be $287,000 -- or sorry. On 18 the average home value of $287,275.00, would be 19 $1,379.49. And that's a two hundred and, basically, 20 sixteen dollar increase from the no new revenue rate. 21 The County makes up the property tax rate between these 22 two rates without voter approval. 23 The third way that calculation that is on 24 the form is the County combines 2022 adjusted no new 25 revenue rate is .4209 per $100 valuation. This rate is 35 1 the no new revenue rate adjusted for unused increments. 2 We're allowed to go up 3.5 percent each year. We have 3 not done that. So those all get added and carried 4 forward for three years. And increases in unfunded 5 mandates, such as housing state inmates, indigent 6 healthcare expenses, and indigent defense costs. So the 7 M&O rate of the adjusted no new revenue rate is .3530, 8 the debt rate is .0425, and the lateral road rate is 9 .0254. At this rate, the average home would pay 10 $1,209.14. 11 So I've also got Lake Ingram Road District. 12 So their no new revenue rate is .1335 per $100 13 valuation. This is the rate being used for their 14 proposed budget. The -- their property tax rate is 100 15 percent for their debt. Their Series 2001 unlimited tax 16 road bond will mature February of 2030. This rate is a 17 12 percent decrease from the 2021 rate of .1421. All of 18 these rates will be posted on the County's website as 19 soon as possible. 20 JUDGE KELLY: And just for clarification, 21 the $287,275.00 home value is a figure that we got from 22 KCAD, right? 23 MRS. SHELTON: I believe so. 24 JUDGE KELLY: And that is the average 25 property value that the taxes are paid on in Kerr 36 1 County. I don't think there's any action we take today, 2 is there? 3 MRS. SHELTON: I do not believe so. It's 4 just the presentation. 5 JUDGE KELLY: Yeah. Well, we're going to be 6 talking about tax rates for the next month. 7 MRS. SHELTON: Yes. 8 JUDGE KELLY: For sure. Okay. Any 9 discussion? 10 COMMISSIONER LETZ: No, not on this. 11 JUDGE KELLY: Okay. 12 COMMISSIONER LETZ: I have a question. Go 13 back to 1.5 again. I have a comment. 14 JUDGE KELLY: Okay. The Court will recall 15 Item 1.5, which is consider, discuss and take 16 appropriate action to approve the optional $1.50 for 17 Child Safety fee and the optional $10.00 County Road & 18 Bridge fee for 2023 vehicle registration. 19 COMMISSIONER LETZ: I want to make a 20 comment, I should have made it before. And I, you know, 21 don't disagree with what Miss Hall said, but the other 22 part of that is that money is already built into our 23 budget. If we took -- if we don't take that $10 fee, 24 that means either we're cutting $560 some thousand out 25 of our Road & Bridge budget or we're raising taxes. 37 1 Because -- and I don't think we can take anything out of 2 that Road & Bridge because we've looked at that budget 3 really hard this year. So it's a -- you know -- 4 COMMISSIONER BELEW: Or we don't buy some 5 piece of equipment that they have in their budget. 6 COMMISSIONER LETZ: Right. And make 7 ourselves worse off as we move forward -- 8 COMMISSIONER BELEW: I'm just saying it can 9 wait for -- 10 COMMISSIONER LETZ: Yeah, there's worse 11 things we can not do. We can not fix the roads. We can 12 go back to a 20-year program instead of a 10-year 13 program. There's things we can do, but this Court's 14 made a decision, you know, that the budget that we 15 have -- or are recommending is what needs to be done. 16 So I'm just saying that the -- that money is already in 17 the budget. That's the only comment. 18 COMMISSIONER BELEW: Pretty sure I voted 19 against it the first time. 20 COMMISSIONER LETZ: I'm not saying -- I 21 didn't bring it up for a vote. Just a comment. I 22 believe you voted for the budget. 23 COMMISSIONER BELEW: That's a -- I voted for 24 the budget. 25 JUDGE KELLY: We have a 9:30 timed item that 38 1 I need to go ahead and call. And that is Item 1.9. 2 We'll take it out of order. Consider, discuss and take 3 appropriate action on a request from Tukong-Kerrville 4 Martial Arts to use Flat Rock Park on Saturday, 5 September 17 for their anniversary party, and the 6 request includes adding two port-a-potties for the event 7 at their expense. Karen McGuff. 8 COMMISSIONER GIPSON: I don't believe she's 9 here today. But this came up through my Precinct. The 10 request doesn't ask for any such treatment in terms of 11 when they come or closing the park or anything else. 12 The issue was that they're basically just permission 13 to -- there she is. 14 MS. MCGUFF: I'm here. 15 JUDGE KELLY: And the camera'S right in 16 front of you for YouTube. 17 MS. MCGUFF: All right. Okay. Well, you've 18 read what my request is. And I thank you for hearing 19 about this. This is our 20th anniversary party. We've 20 been meeting at the same location for the last five or 21 six years. When I called the County in the past, they 22 just said it's first come first serve. If you're just 23 doing, you know, a simple little party you're fine. And 24 so we've continued using that particular place. 25 This year because of the additional numbers 39 1 of people, because we will be inviting former students, 2 people from out of the City, from Austin and from 3 Odessa, Cedar Creek, but our people who help support our 4 martial arts, the other martial arts at our Tukong base 5 as well, I decided I should probably think about the 6 restroom situation, which there's only one port-a-potty 7 in that area. So, an additional -- at least one 8 additional, possibly two, would be helpful for servicing 9 our people that are coming to the party. 10 JUDGE KELLY: And just to clarify, 11 Miss McGuff, we're not closing the park, we're providing 12 for you to use a certain part of the park for your 13 party. 14 MS. McGUFF: Yes. Like I said before, in 15 the past it's just a first come first serve and we just 16 set up early in the morning and use that beautiful place 17 underneath the trees near the Dog Park. And yes, this 18 is just -- not closing it at all. 19 JUDGE KELLY: And the Dog Park will be open? 20 MS. McGUFF: The Dog Park would be open. 21 JUDGE KELLY: I know our public needs to 22 hear that. 23 MS. McGUFF: Yes. And we're -- you know, 24 we're friendly with the dogs as well. They come running 25 through every once in a while and they're like -- some 40 1 people are like, well, if you wouldn't have food over 2 here they wouldn't come over, but it's okay. 3 COMMISSIONER LETZ: So really, the Court 4 action is to allow port-a-potties to be put -- placed on 5 the park, right? 6 MS. McGUFF: Yes. 7 JUDGE KELLY: Okay. 8 COMMISSIONER GIPSON: Does it need a motion? 9 That's the reason I brought it to the Court. 10 COMMISSIONER LETZ: Probably. Because we're 11 adding the port-a-potties. 12 COMMISSIONER GIPSON: Okay. I move that we 13 allow them to bring their own port-a-potties. 14 COMMISSIONER BELEW: Second. 15 JUDGE KELLY: Got a motion and a second to 16 approve the request to use Flat Rock Park for the 17 anniversary party for Tukong-Kerrville Martial Arts. 18 Any other discussion? Those in favor raise your hand. 19 Unanimous. Thank you, Ms. McGuff. 20 MS. McGUFF: Thank you. 21 JUDGE KELLY: Okay. Moving back up to 22 Item 1.6. Consider, discuss and take appropriate action 23 regarding the calculations -- 24 COMMISSIONER GIPSON: No. We're on seven. 25 JUDGE KELLY: Seven? Okay. 1.7 consider, 41 1 discuss and take appropriate action to update the OAS 2 Access Agreement with Texas Association of Counties for 3 the Employee Benefit Pool. Ms. Hernandez. 4 MS. HERNANDEZ: Yes, Your Honor. I have 5 requested to update the OASys agreement, as well as the 6 member contact designation forms. We are taking off 7 Miss Doss that is no longer with us. I am adding to 8 request the billing and primary contact to come to me so 9 we can pay the bills, as well as everyday contact for 10 myself, as well as add Nataly to assist me in trying to 11 get everything -- everybody put into the system. New 12 people as well as update information. As we are now in 13 open enrollment, she's going to be a big help to me as 14 we make changes. 15 JUDGE KELLY: And if you would include what 16 OASys is? 17 MS. HERNANDEZ: OASys is our portal for the 18 Blue Cross Blue Shield, the medical, the dental, for our 19 benefits. 20 COMMISSIONER LETZ: I've talked to Rosa 21 about this and looked at the last year's form and we're 22 basically just taking off Miss Doss and adding Rosa in 23 that place and then adding Nataly as a second person. 24 So I move for approval. 25 COMMISSIONER BELEW: Second. 42 1 JUDGE KELLY: We've got a motion and a 2 second to approve the OASys agreement. Any discussion? 3 COMMISSIONER LETZ: And authorize you to 4 sign. I believe you have to sign for it. 5 JUDGE KELLY: Right. 6 MS. HERNANDEZ: Right. 7 JUDGE KELLY: Any discussion? Those in 8 favor raise your hand. Unanimous, five zero. Thank 9 you. 10 Item 1.8 consider, discuss and take 11 appropriate action to remove or replace power pole 12 located on the northwest corner of the courthouse 13 parking lot. Mr. Evans. 14 MR. EVANS: Good morning, gentlemen. Yes. 15 There was a -- the pole and it's leaning badly. And I 16 believe it was the Christmas lighting committee that had 17 it installed for their use and when they got done with 18 it they would pull the meter off and then, you know, no 19 electrical charges for us. But now it's leaning and I 20 think we should either have it removed, or we get it 21 replaced. And that's what I'm here for you to advise us 22 on what we should do with it. 23 COMMISSIONER LETZ: Remove it. 24 MR. EVANS: Remove it? 25 COMMISSIONER LETZ: Well, it's not used 43 1 anymore, right? 2 MR. EVANS: No, we -- we don't use it. We 3 would have to -- 4 COMMISSIONER LETZ: Remove it. 5 MR. EVANS: Okay. Thank you. 6 JUDGE KELLY: Okay. Item 1.10 consider, 7 discuss and take appropriate action to ratify and 8 confirm the First Amendment to Grant Contract 9 No. 2219087, between the Office of the Attorney General 10 and Kerr County regarding Statewide Automated Victim 11 Notice Services (SAVNS) grant. The amendment changes 12 the legal name of the vendor from Appriss, Inc. to 13 Appriss Insights, LLC. 14 And this is just a technicality. They've 15 changed ownership on the entity that we're doing it with 16 and we just need to approve it. 17 COMMISSIONER BELEW: Move for approval. 18 COMMISSIONER GIPSON: Second. 19 JUDGE KELLY: We've got a motion and a 20 second to approve the amendment to the contract with 21 Appriss. Any discussion? Those in favor raise your 22 hand. Unanimous. 23 Item 1.11 consider, discuss and take 24 appropriate action to set a public hearing on the 25 proposed Kerr County budget for FY 2022-2023, at 44 1 9:45 a.m. on August the 22nd, 2022, and authorize the 2 County Clerk to publish notice of the Public Hearing. 3 Ms. Shelton. 4 MS. SHELTON: Yes. Based on our workshop 5 you have in front of you, the updated 2022-2023 6 department requested budget summary, and this was 7 updated for the information that we talked about last 8 week. So there's been a little bit of a change. The 9 proposed budget will be put on -- filed with the County 10 Clerk on the 11th. And then we will set the public 11 hearing for the meeting for public comment. 12 JUDGE KELLY: And all we're doing here is 13 just setting a public hearing? 14 MS. SHELTON: (Shaking head yes.) 15 JUDGE KELLY: Okay. 16 COMMISSIONER HARRIS: I move for approval. 17 COMMISSIONER LETZ: Second. 18 JUDGE KELLY: Got a motion and a second to 19 approve setting the budget for hearing on August the 20 22nd at 9:45 in the morning. Any discussion? Those in 21 favor raise your hand. Unanimous. 22 Item 1.12 consider, discuss and take 23 appropriate action to approve the General Provisions for 24 the FY 2022-2023 budget. 25 And these are the boilerplate at the front 45 1 of the budget that we do every year. Been the same 2 since I've been here every year. 3 COMMISSIONER LETZ: I move for approval. 4 COMMISSIONER HARRIS: Second. 5 COMMISSIONER BELEW: Second. 6 JUDGE KELLY: Got a motion and a second to 7 approve the General Provisions for the budget for this 8 upcoming fiscal year. Any discussion? Those in favor 9 raise your hand. Unanimous. 10 And then last thing before the break, 11 Item 1.13 consider, discuss and take appropriate action 12 and take appropriate action on implementation of the 13 burn ban. 14 COMMISSIONER HARRIS: Move for approval. 15 JUDGE KELLY: That's a no brainer. 16 COMMISSIONER GIPSON: Second. 17 JUDGE KELLY: Got a motion and a second to 18 continue the implementation of the burn ban. Any 19 discussion? Those in favor raise your hand. Unanimous. 20 Let's take a break and be back at 10 21 o'clock. 22 (Break.) 23 JUDGE KELLY: Let's come back to order. We 24 have a 10 o'clock docket. The first item is 1.14 25 consider, discuss and take appropriate action on A1101, 46 1 the Contract Amendment and modification request with the 2 Texas Department of Agriculture for Texas Community 3 Development Block Grants. Charlie Hastings -- Oh, Bobby 4 Gore. Mr. Gore. 5 MR. GORE: Don Burger and Rusty Daily are 6 here as our consultants to discuss this. 7 JUDGE KELLY: Okay. 8 MS. DALY: All right. Good morning. 9 JUDGE KELLY: Good morning. 10 MS. DALY: So these are the amendments that 11 came before Court back in February this year. They were 12 submitted to you the Texas Department of Agriculture. 13 And the project team has had several discussions with 14 TDA to get it to be in a way that they would like to 15 approve it. And so these are the revised amendments per 16 the discussions with TDA and how they would like to go 17 forward. 18 COMMISSIONER BELEW: So these will pass 19 muster? 20 MS. DALY: Yes. So we -- please, can we get 21 it all sorted before we come back if you think it's 22 okay. Are there questions about it or what other kind 23 of details can I give y'all? 24 JUDGE KELLY: Don's giving us the thumbs up, 25 right? 47 1 MR. BURGER: Yes, sir. 2 COMMISSIONER BELEW: If you ask them then 3 they'll tell you what they want. 4 MR. BURGER: Yeah, we actually worked 5 together with TDA on this to make sure that we've got 6 the funding to finish the job out so we can get 7 everybody hooked up. 8 JUDGE KELLY: Very good. 9 COMMISSIONER GIPSON: I move for approval. 10 COMMISSIONER BELEW: Second. 11 JUDGE KELLY: We got a motion and a second 12 to approve the amendments as presented. Any discussion? 13 Those in favor raise your hand. Unanimous. 14 Item 1.15, which is a public hearing on a 15 request to abandon, vacate, and discontinue an 16 approximately 900-foot portion of Stewart Junkin Road, 17 said road to be replaced with a different alignment 18 approximately 150 feet east of its current intersection 19 with River Road in Precinct 4. 20 MR. HOLMGREEN: I need to speak. 21 JUDGE KELLY: Okay. Did you fill out a 22 form? 23 MR. HOLMGREEN: I didn't find it to do so. 24 My name is named in here. And it's on the very last 25 paragraph of page one. I'm a contiguous landowner -- 48 1 JUDGE KELLY: Okay. 2 MR. HOLMGREEN: -- and it is my only way to 3 get in and out to the road. 4 JUDGE KELLY: Okay. First of all, I'm going 5 to ask Mr. Gore to explain to us what we're doing. 6 Let's look at the -- we don't -- we don't have a motion 7 yet. 8 MR. GORE: I'm sorry. This is just a public 9 hearing for the -- 10 JUDGE KELLY: That's right. So I've 11 convened the public hearing. 12 MR. GORE: Okay. 13 JUDGE KELLY: And we need public input. 14 Sir, you may take the podium. Identify yourself. 15 MR. HOLMGREEN: I'm Jack Holmgreen. I own 16 the property that is going to be the most affected by 17 anything that would be done here. As I said, it's the 18 only way that I can get in and out of my property and 19 onto River Road and there is no other way, other than 20 across somebody's property. That is the main reason why 21 I needed to talk to you. Because if you abandon this 22 road and he replaces it with his own road on his 23 property, Mr. Leaman's property, it has to cross my 24 property to get to the rest of the road. And there's 25 about five or six other families beyond my property that 49 1 have to use that road as well to get in and out, and it 2 will be the only way that the fire fighters could access 3 those houses. 4 So that allegation here on the bottom says, 5 "Whereas, this old road has become inconvenient to use 6 by the public and is no longer needed or desirable," 7 that's completely false. It is needed and desirable. 8 And it's in good shape. There's nothing wrong with that 9 road. He just doesn't want people trafficking in front 10 of his new house that he bought. Okay. 11 Second is, "Petitioners further respectfully 12 allege that such action of the Court would be expedient 13 and would better serve the public," is also completely 14 false. The only person that would have any benefit is 15 Mr. Leaman. Everyone else would be inconvenienced. 16 The third reason that I'm here is because he 17 is trying to take adverse possession of about a thousand 18 square feet of my property in order to connect his new 19 road to the rest of the road that he's not trying to 20 abandon. I don't want to sell any of that property. 21 It's my property. It's my homestead. I live there. I 22 don't want to give it up. So I talked to Mr. Leaman and 23 told him, look, you want to connect to my southeast 24 corner of my property. And you're going to have to pave 25 over this section of my house, my home. He's already 50 1 cleared the trees on my property where this fence line 2 was. And I objected to that. But he cleared them 3 anyway. 4 Now, he's wanting to take adverse possession 5 of that property. And I'm not going to be happy about 6 that. Okay. And it does not have any other public 7 reason to abandon that road, other than he just doesn't 8 want people to travel over his road, his portion of that 9 road. 10 Now, the last thing is I offered two choices 11 for him to not have an objection. One is if he would 12 just relocate the connection at the northeast corner of 13 my property, which is just a few hundred yards or 14 whatever away, I don't use that part of my property. I 15 wouldn't be objecting to that. And I told him that. 16 And he says oh, that's just going to be too much 17 trouble. I don't care to do that. Okay. Then you're 18 going to have to compensate me for this thousand square 19 feet. So -- but I'm not going to sell it. It's my 20 property. I'm going to keep it. I don't want to make 21 the County change the lines and tell who's paying the 22 taxes. I'll keep paying the taxes. 23 So I was going to -- I offered him a 50-year 24 lease. One payment would contain the whole 50 years. 25 No renewals, no additional payment, and he says, well, 51 1 I'll get back to you on that. He's never gotten back to 2 me and he has never returned my phone calls. He sent 3 the contractor over to talk to me. The contractor 4 thought it was a great idea. In fact, he took the 5 paperwork and said he was going to bring it over to Mr. 6 Leaman. Still have not heard from either one of those 7 two gentlemen. 8 I can tell you right now, it will not help 9 any individual in this County except Mr. Leaman to 10 abandon that road. And he's already violated several 11 what I think to be reasonable laws, or at least being 12 belligerent to his neighbors. And I just wish that you 13 would not allow it. Because believe me, it's not going 14 to help anybody except him, and it's only going to just 15 give him privacy. It's not going to help him in and out 16 either. So I think he's going to take the road up on 17 his property and make everybody go through mine. 18 And that's basically all I need to say. I 19 hope you understand how I'm a little bit upset about it. 20 And I'll yield to whoever else wants to speak. 21 JUDGE KELLY: And remind me your name again? 22 MR. HOLMGREEN: Jack Holmgreen. 23 JUDGE KELLY: Holmgreen. Okay. 24 MR. HOLMGREEN: And it is in the petition. 25 JUDGE KELLY: Okay. Anybody else want to 52 1 speak at this public meeting? Mr. Atkinson. 2 MR. ATKINSON: My name is Joe Atkinson and 3 I'm the contractor that he refers to in what he's 4 saying. First off, I've had numerous discussions with 5 Mr. Holmgreen. They've always been very cordial, very 6 open, very friendly. He's a very nice fella. He really 7 and truly is. What he's stating is kind of a variable 8 of how the situation actually is. I think you gentlemen 9 have already got a copy of the petition and the maps 10 that are in there. 11 If you'll look at Exhibit B, you'll see 12 where the new road is, of course, built to current 13 standard or would be built to current standards. It is 14 considerably wider than the other road. And all of this 15 is to be done at the Leamans' expense. All it does is 16 come across and join onto Mr. Holmgreen's property where 17 the existing road is and where the existing easement is. 18 There's a 30-foot wide easement that exists for the 19 current road that is there. The road is 20-feet wide. 20 That easement is where the new proposed road would tie 21 in to the existing Stewart Junkin Road. 22 JUDGE KELLY: Joe, let me stop you. 23 MR. ATKINSON: Yes, sir. 24 JUDGE KELLY: Can you go about ten thousand 25 feet in the helicopter and tell me the big picture of 53 1 what we're dealing with here? 2 MR. ATKINSON: Sure. We're going to move -- 3 JUDGE KELLY: I know we're getting into 4 details. 5 MR. ATKINSON: Yes. We're going to -- we're 6 wanting to move the road over to take out a very narrow 7 curve that is in there and to widen the road. And, you 8 know, we're giving up over an acre and taking back under 9 an acre, and spending the money to be able to do it. It 10 does take out a -- what is a -- it's a bad curve. It's 11 got drainage issues there when it does rain and this is, 12 you know, something that the Leamans wanted to do and 13 they're willing to do it at their expense. 14 COMMISSIONER GIPSON: But is it all on their 15 own property though? 16 MR. ATKINSON: Yes, sir, it is. The road -- 17 the current road dissects their property right there at 18 one portion. Moving it over, it just takes it from the 19 existing easement, we get a new easement after the 20 abandonment, and the new road would be constructed 21 coming in there and it's 30-feet wide and 60-foot 22 easement and it's straight. 23 JUDGE KELLY: So just to make sure, it's all 24 on the Leamans' property? 25 MR. ATKINSON: That's correct. 54 1 JUDGE KELLY: Okay. 2 MR. HOLMGREEN: Except the connection. 3 MR. ATKINSON: And where the connection 4 comes in, it connects back in to the easement that he's 5 referring to. 6 COMMISSIONER HARRIS: Okay. And that's an 7 easement, is my understanding? 8 JUDGE KELLY: That's an existing easement? 9 MR. ATKINSON: Yes, sir, it is. 10 JUDGE KELLY: And so all you're doing is 11 re-routing the road across your clients' property? 12 MR. ATKINSON: That's correct. 13 JUDGE KELLY: And it ties back into an 14 existing easement near where Mr. Holmgreen is? 15 MR. ATKINSON: That's correct. 16 JUDGE KELLY: Okay. Does it take any of his 17 property? 18 MR. ATKINSON: No, sir. 19 MR. HOLMGREEN: Yes, it does. I pay taxes 20 on it. It's my property. 21 JUDGE KELLY: I can't have you talk from 22 there. If you want to talk, you're going to have to go 23 to the podium. Okay? 24 MR. HOLMGREEN: Okay. 25 MR. ATKINSON: There's a -- the easement 55 1 that I'm referring to is existing for the road. And 2 that easement goes up to the property line. 3 Mr. Holmgreen, just this past week for the first time, 4 brought this up to me and showed me what it was. I 5 listened to him, exactly what he said and what he said 6 was true. I said, Put it in writing. Give me a diagram 7 so I can -- you know so I can have it and give it to the 8 owners. I provided him the area to put it in. Sent it 9 to the owners and they just said, why would we do that? 10 Why would we pay, you know, to use an easement that's 11 already in effect? It's already there and already -- 12 you know, already known by the County to be in effect. 13 And so -- 14 JUDGE KELLY: Is the easement being used? 15 MR. ATKINSON: It's just an easement for the 16 road. There's nothing constructed on it or anything 17 like that. 18 JUDGE KELLY: Okay. 19 COMMISSIONER HARRIS: So this would simplify 20 things, you'd be tieing in to the easement that's 21 already existing for the road you're going to vacate -- 22 MR. ATKINSON: Yes, sir. 23 COMMISSIONER HARRIS: -- asking to vacate? 24 MR. ATKINSON: Correct. 25 JUDGE KELLY: Okay. Do you understand what 56 1 he's talking about? Because I don't. 2 MR. ATKINSON: I do. 3 JUDGE KELLY: Can you explain it to us? 4 MR. ATKINSON: No. Because it's a different 5 way of looking at the same thing with a different view. 6 Where that easement exists right there, Jack is saying 7 that that easement is his and he wants to be compensated 8 for that. When, in fact, the easement is part of the 9 existing county road that is there. That's all. 10 COMMISSIONER BELEW: And does this run into 11 the middle of the road kind of easement, Bobby? Is that 12 what this is? 13 MR. GORE: If -- if you look at the next 14 item, there are some maps and some -- item 1.16. 15 JUDGE KELLY: Okay. 16 MR. GORE: And it shows where -- Exhibit A 17 and B, same page, yeah, and it shows where -- Exhibit A 18 shows where the existing one is. Now, it shows that 19 Mr. Holmgreen, I believe that's, what, 50 feet or 30 20 feet on your property of the easement? 21 MR. HOLMGREEN: 30. 22 MR. GORE: A 30-foot wide easement. And so 23 if you look at that, where the property line is, his 24 property line, the easement is looks like completely on 25 his property. A lot of times the property goes to the 57 1 center of the road and then reach out maybe 20 or 30 2 feet of an easement. This one, I believe, is 3 completely -- the easement is on his property. But it 4 is still an easement for the existing road. 5 So then if you go to Exhibit B, you should 6 see where the proposed tie-in would be. So as it 7 continues up, it would continue up right up to where the 8 property line would be -- we're still in that easement. 9 I have not seen a survey specific of where 10 the easement is in relation to the property line. 11 Typically it's right up against it or on the center. 12 And it looks like from the survey that this one is on 13 the edge of the property line. 14 JUDGE KELLY: Well, if we look at Exhibit B, 15 that -- that shows the proposed -- 16 MR. GORE: Right. 17 JUDGE KELLY: -- change? Is that right? 18 MR. GORE: Yes, sir. 19 JUDGE KELLY: And that should -- it says 20 1.15 acres. That's the new access? 21 MR. GORE: Right. 22 JUDGE KELLY: And then if you go south, to 23 the bottom there, is that -- there's a double bar there. 24 Is that a -- the easement that we're talking about? 25 MR. GORE: To the south? 58 1 JUDGE KELLY: Well, that's his property -- 2 MR. GORE: Yeah, this would be up to the 3 north. Right there where that -- that comes across and 4 that's where the new tie-in would be. 5 JUDGE KELLY: Okay. 6 MR. GORE: And then, as mentioned, that -- 7 that connection would -- would, in fact, be on his 8 property but within the existing easement for the 9 existing road. 10 JUDGE KELLY: Okay. So looking at that 11 diagram, where is Mr. Holmgreen's property? 12 MR. ATKINSON: His is -- like if you go 13 right above where the new road comes in, that is his 14 property right there. Right across where the road would 15 be. 16 COMMISSIONER LETZ: It's small print but -- 17 MR. GORE: Yeah. 18 COMMISSIONER LETZ: -- it says Holmgreen. 19 MR. GORE: It's three point -- 3.04 acres 20 and, of course, that's including the easement. 21 COMMISSIONER LETZ: The current easement -- 22 the current easement is a descriptive easement? 23 MR. GORE: I believe that it is. Is there a 24 documented easement that's separate? I have not gone 25 through this to -- I don't think there -- I think it is 59 1 prescriptive. But -- 2 MR. ATKINSON: It's -- it is -- it's listed 3 as a 30-foot easement on the deeds and everything. 4 COMMISSIONER HARRIS: And Joe, this petition 5 to vacate, all these signatures in the back, I guess 6 they're landowners that are up past where the road is? 7 MR. ATKINSON: Some -- some of them are. 8 COMMISSIONER HARRIS: Some are? 9 MR. ATKINSON: Yes, sir. 10 COMMISSIONER HARRIS: Or a little bit -- 11 MR. ATKINSON: The Junkins are on there. 12 And then there's -- I can't remember who else there is. 13 But the rest of them as prescribed are residents of 14 Precinct 4. 15 JUDGE KELLY: Okay. We're still in the 16 public meeting part. We haven't gone to 16 yet. So 17 anything else from the Court in the public meeting? 18 COMMISSIONER LETZ: I'm confused, but -- 19 JUDGE KELLY: I am, too. But I think we 20 need to get to 16 and maybe we can get the answers. 21 COMMISSIONER HARRIS: Kelly, do you have 22 anything to add to any of this? 23 MS. HOFFER: I do not. I just -- this is 24 the first of me hearing -- 25 COMMISSIONER HARRIS: Okay. Let's wait 60 1 until the 16 and talk. 2 JUDGE KELLY: Well, and the public meeting 3 is for us to receive input from the public, you know. 4 Okay. And we're -- we're getting ready to call 1.16, 5 which is the item -- the action item. And that's when 6 we're going to hear from the Engineering Department, 7 Road & Bridge, and -- and probably Joe as well, and Mr. 8 Holmgreen, and we'll look at it on that issue. 9 So let me go ahead and call Item 1.16 10 consider, discuss and take appropriate action on a 11 request to abandon, vacate, and discontinue an 12 approximately 900-foot portion of Stewart Junkin Road, 13 said road to be replaced with a different alignment 14 approximately 150 feet east of its current intersection 15 with River Road. Okay. Mr. Gore. 16 MR. GORE: So attached in your information 17 packet is a petition prepared for Lee and Jan Leaman 18 requesting the Court abandon, vacate, and discontinue an 19 approximately 900-foot portion of Stewart Junkin Road, 20 said road to be replaced with a different alignment, 21 approximately 150 feet east of its current intersection 22 with River Road as depicted in Exhibit A and B. 23 According to Texas statute, the Court may 24 order public roads laid out, discontinued, closed, 25 abandoned, vacated or altered. The statute defines the 61 1 relevant terms. "Abandon," to relinquish the public's 2 right-of-way in and use of the road. "Vacate," to 3 terminate the existence of the road by direction action 4 of the Commissioners' Court of the County. 5 "Discontinue," to discontinue the maintenance of the 6 road. 7 The statute defines the process to abandon, 8 vacate, and discontinue this way. Number 1, prepare a 9 petition with eight signatures from people who live in 10 the Precinct. The petition must show the limits of the 11 road that is to be abandoned and discontinued. The 12 petition must be posted at both ends of the subject 13 portion of the road, as well as the courthouse for a 14 minimum of 20 days prior to the public hearing. 15 A public hearing is required before the 16 Commissioners' Court can consider the petition. 17 Following the public hearing, the 18 Commissioners' Court may consider and take action on the 19 subject request. 20 The applicant has had construction plans 21 prepared by a licensed professional engineer for the 22 realignment of Stewart Junkin Road as described above. 23 Said construction plans are certified to be in 24 conformance with Kerr County road design specifications. 25 The County Engineer -- of course, this was 62 1 before we heard what we heard based on previous 2 information -- the County Engineer recommends that the 3 Court accept the petition to abandon, vacate, and 4 discontinue an approximately 900-foot portion of Stewart 5 Junkin Road, subject to the construction of a 6 replacement road with a different alignment, 7 approximately 150 feet east of its current intersection 8 with River Road, in conformance with the plans and 9 specifications of the Stewart Junkin Road, signed and 10 sealed by John M. Hewitt, P.E. #66142, dated May 13th, 11 2022. 12 The existing Stewart Junkin Road alignment 13 shall remain in full affect until such time as the new 14 alignment construction has been completed and accepted 15 by the Commissioners' Court, at which time the new 16 right-of-way for said road and final acceptance of the 17 road will be considered by the Court. 18 Final acceptance of the petition to abandon, 19 vacant, and discontinue the road as well as acceptance 20 of the new road alignment and right-of-way would be 21 brought back to the Court for consideration at a future 22 court meeting. This is in Precinct 4. 23 What this item really does would give the 24 okay for the contractor or the owners to begin 25 construction of the new road with some assurance that 63 1 upon complete acceptance, complete construction to -- 2 satisfactory to Kerr County standards, that at that 3 point they could switch the right-of-way from here to 4 here and then abandon the previous one and it would 5 become theirs. 6 JUDGE KELLY: For clarification purposes so 7 that I understand. The Leaman property. How many acres 8 do they have? 9 MR. ATKINSON: All total? Probably, what, 10 96? 11 JUDGE KELLY: Okay. And the existing road 12 is a public easement, right? 13 MR. ATKINSON: Correct. 14 JUDGE KELLY: And the new road would be a 15 public easement, right? 16 MR. GORE: It would be. Right. Yes, sir. 17 JUDGE KELLY: And is the existing road -- on 18 both sides of the existing road, is that Leaman 19 property? 20 MR. GORE: Up until -- up until we get to 21 the tie-in point. 22 JUDGE KELLY: Okay. But now, if I look at 23 the north of this -- this map, this diagram, this 24 survey, that 3.04 acres up at the top, that's 25 Mr. Holmgreen's? 64 1 MR. GORE: Right. Mr. Holmgreen's. Right. 2 JUDGE KELLY: And is the survey line beneath 3 that, the property line? 4 MR. GORE: I believe so. Yes, sir. 5 JUDGE KELLY: Okay. 6 MR. GORE: Yeah. 7 JUDGE KELLY: And so he's got that -- that 8 north rectangle on this -- what do you call this map? 9 MR. ATKINSON: Exhibit A. 10 MR. GORE: Exhibit A. 11 JUDGE KELLY: Yeah? Exhibit B? 12 MR. ATKINSON: Oh, I'm sorry. 13 JUDGE KELLY: Exhibit B? 14 MR. GORE: Yes. 15 JUDGE KELLY: So what this application is 16 asking to do, is for the Leamans, who own the property 17 where the existing road is and where the new road will 18 go, to move that road? 19 MR. GORE: Correct. 20 JUDGE KELLY: Is that right? And the only 21 place that it gets to Mr. Holmgreen is back there where 22 the existing road is. It would tie back into that 23 existing road, is that right? 24 MR. GORE: That's right. 25 JUDGE KELLY: And that is an area there that 65 1 Mr. Holmgreen's property abuts that easement? 2 MR. GORE: It goes across the road, yeah. 3 JUDGE KELLY: And there's no -- none of 4 Mr. Holmgreen's property that are being affected or -- 5 or that are being used for this roadway? 6 MR. GORE: Not -- not when you consider that 7 that part is in an existing road easement. 8 JUDGE KELLY: Correct. So this is 9 Mr. Leaman just wanting to move the road on his 10 property? 11 MR. GORE: Right. 12 COMMISSIONER LETZ: But the question I have, 13 though, is -- is the easement on Mr. Holmgreen's, I 14 believe you said the easement -- or someone said, that 15 the easement that is on his deed. So we're abandoning 16 something that's on his deed. 17 JUDGE KELLY: That's true. 18 COMMISSIONER LETZ: And I don't know how we 19 do that. I don't know that we can. I mean I'm -- I'm 20 just confused on that point. 21 MR. GORE: I don't think we're abandoning 22 that. I think that would stay -- 23 COMMISSIONER LETZ: We're -- we're removing 24 it and -- but his deed says it's in one spot -- 25 MR. GORE: Well, that portion would stay the 66 1 same. The -- let me show you this. 2 MS. HOFFER: I think where it gets kind of 3 confusing on this drawing, is that really that easement, 4 that existing easement that's there right now, it 5 really -- it should be going through his property like 6 it does right now. 7 But when you look at this, it looks like 8 it's been taken away but there's -- there's really 9 actually still is the easement. Because it continues 10 back and then it kind of hard 90's over to the left and 11 then the -- the road ends. 12 JUDGE KELLY: Yeah. The craftsman didn't -- 13 just didn't extend the line. But that road goes -- 14 MS. HOFFER: So I think that had that been 15 extended up where you can see the existing easement, 16 when you get to this gentlemen's property nothing will 17 have changed. That easement still is here. This 18 drawing doesn't really show it, but there's an easement 19 right there. 20 COMMISSIONER LETZ: What about the easement 21 from Mr. Holmgreen's property all the way back to River 22 Road? That's what's on his deed to get to his property. 23 MR. GORE: Oh, I see what you're saying. Is 24 that -- is that right? There's -- 25 COMMISSIONER LETZ: I don't -- I don't know. 67 1 But -- 2 MR. GORE: I have not looked at that -- 3 COMMISSIONER GIPSON: Is that -- is that a 4 dedicated county road or is it an easement? 5 MR. ATKINSON: It's -- it says -- it -- I 6 don't have the deed with me. 7 MR. GORE: I -- I believe that is an 8 easement. I believe it's a -- 9 MS. HOFFER: I would guess that's what it 10 is. But I don't know that for sure. But then what's 11 being proposed at 1.15, you know, would all be dedicated 12 to Kerr County. It would be an actual platted 13 right-of-way. 14 COMMISSIONER BELEW: But we need to know 15 that. We shouldn't be guessing about something like 16 this. 17 COMMISSIONER HARRIS: Bobby, I think where 18 we're at is we need to find out answers to more 19 questions. 20 MR. GORE: We -- we can do that. Like I 21 said, I didn't know anything about it until this 22 morning. 23 COMMISSIONER HARRIS: That's when I got it 24 too. 25 MR. GORE: And -- but, you know, when 68 1 looking at it I see what he's talking about. Again, 2 typically the road is centered on the property line with 3 like a 15 to 20, 30-foot easement either way. This one 4 just happens to be all on his property. The easement 5 from this survey shows that it does go all the way to 6 the property line, which means that part wouldn't 7 change, but we would -- we should probably verify that. 8 JUDGE KELLY: And the existing road and the 9 proposed road look like they dead-end into something. 10 What do they dead-end into? 11 COMMISSIONER HARRIS: The existing road that 12 goes on up farther. 13 MS. HOFFER: Yeah, that -- 14 COMMISSIONER GIPSON: And that's what needs 15 to be on there. 16 JUDGE KELLY: So what road is that? 17 MR. ATKINSON: It's Stewart Junkin. 18 JUDGE KELLY: Pardon? 19 MR. ATKINSON: It's Stewart Junkin Road. 20 JUDGE KELLY: Okay. 21 COMMISSIONER LETZ: Well, that's River Road 22 down there, Judge. 23 MS. HOFFER: So that portion of that 24 easement on this gentleman's property is going to remain 25 the same. It's not going to -- it's not going to 69 1 change. 2 COMMISSIONER HARRIS: It's an easement now 3 and it'll be an easement -- 4 MS. HOFFER: Right. You'll have a -- 5 whatever it is, 50, 60-foot right-of-way. The new 6 section. And it will tie in to that little 30-foot 7 easement and nothing will change at that point. 8 COMMISSIONER GIPSON: I think we may be okay 9 with that. But we want to see that on a real plat -- 10 MS. HOFFER: Yeah, absolutely. 11 COMMISSIONER GIPSON: -- showing it clearly. 12 COMMISSIONER LETZ: That's what I -- my 13 biggest concern is the deed. Because if you're going 14 into someone's ranch with an easement, the person whose 15 property going through doesn't have the right to change 16 that easement. 17 MS. HOFFER: Yeah. 18 MR. GORE: That's -- that's a good point. 19 If it does, in fact -- if he has an easement to where it 20 is existing that's tied to his property -- 21 COMMISSIONER LETZ: But I don't know if 22 that's the case, but it needs to be answered. 23 COMMISSIONER GIPSON: Yes. 24 MR. ATKINSON: I have a question. How do 25 you lease -- how do we enter into a lease agreement for 70 1 a piece of property that's an easement for the County? 2 COMMISSIONER HARRIS: Well, I don't think 3 anybody up here besides me has seen that. The e-mail 4 that Mr. Holmgreen -- and you said it up there with the 5 public comment I believe, that you would entertain a 6 50-year lease. 7 MR. HOLMGREEN: Yes. 8 COMMISSIONER HARRIS: For $10,000.00? 9 MR. HOLMGREEN: Yes. Right now it's just 10 open land. The road is not on the very edge of my 11 property. It's -- it's got seven foot distance. 12 COMMISSIONER HARRIS: You want to go to 13 the -- I'm sorry. 14 MR. HOLMGREEN: Oh, yes. 15 COMMISSIONER LETZ: We need a very accurate 16 drawing of that intersection. 17 COMMISSIONER GIPSON: Yeah. 18 COMMISSIONER HARRIS: But go ahead and 19 explain the lease idea, if you would, Mr. Holmgreen. 20 MR. HOLMGREEN: Right now there is seven 21 feet between the edge of the road and my fence line that 22 they took down without my permission and cleared trees 23 without my permission. And in fact, instead I objected 24 and they did it anyway. Okay. They -- you can't get 25 your trees back. 71 1 JUDGE KELLY: So let's just talk about the 2 roadway. 3 MR. HOLMGREEN: So the roadway has -- 4 JUDGE KELLY: Just a second. 5 MR. HOLMGREEN: -- it's eight feet -- 6 JUDGE KELLY: Is it paved? 7 MR. HOLMGREEN: -- between the property line 8 and the -- 9 JUDGE KELLY: Just a second. Is the roadway 10 paved? 11 MR. HOLMGREEN: It is paved, but not in the 12 seven feet. 13 JUDGE KELLY: Okay. And so then there's -- 14 there's the easement there to the side of the road; is 15 that right? 16 MR. HOLMGREEN: Right. And that's -- 17 JUDGE KELLY: From -- 18 MR. HOLMGREEN: -- what they're going to -- 19 JUDGE KELLY: -- from the asphalt edge -- 20 MR. HOLMGREEN: -- move over. 21 JUDGE KELLY: -- your fence is seven feet? 22 MR. HOLMGREEN: Correct. 23 JUDGE KELLY: And all that's in the 24 easement? 25 MR. HOLMGREEN: It is. 72 1 JUDGE KELLY: Is the fence -- was the fence 2 in the easement? 3 MR. HOLMGREEN: No. 4 JUDGE KELLY: Okay. 5 MR. HOLMGREEN: It goes to the fence. 6 JUDGE KELLY: Okay. 7 MR. HOLMGREEN: It wasn't my fence. That 8 was their fence. It was a barbed wire fence. And -- 9 but there was trees growing on either side of it. And 10 again, the trees on my side of the fence were mine. And 11 they were removed without my permission. And -- and -- 12 JUDGE KELLY: That's not before the Court. 13 Before the Court is -- is realign -- 14 MR. HOLMGREEN: -- and now they're going to 15 pave over that part. And I think -- 16 JUDGE KELLY: That's not our issue. Our 17 issue is where do we need the road. Okay? 18 MR. HOLMGREEN: I think it should go up to 19 my northeast corner because there is a curve there and 20 it could easily be connected there and -- 21 JUDGE KELLY: And where is your northeast 22 corner? 23 (Talking over.) 24 COMMISSIONER BELEW: This should be put off 25 until we get real answers. 73 1 MR. HOLMGREEN: I would have no objection to 2 that and I told them so. 3 JUDGE KELLY: For the time being, why don't 4 we pass this issue and get better schematics so we can 5 talk more knowledgeably with Mr. Holmgreen. 6 MR. HOLMGREEN: I have a larger plat or 7 drawing. I didn't bring it but -- I can bring it and 8 supply it to you so you can see it. 9 JUDGE KELLY: Joe, do you have something to 10 show? 11 MR. ATKINSON: I've got the whole survey of 12 it right here. 13 COMMISSIONER GIPSON: Well, but does it show 14 the extension of the existing Junkin Road? 15 MR. ATKINSON: Yes. 16 (At the bench conversation.) 17 COURT REPORTER: I can't do this. 18 JUDGE KELLY: Whoa, whoa, whoa. She has to 19 be able to know who's talking. 20 MR. GORE: I'm Bobby. 21 (Laughter.) 22 MR. ATKINSON: I'm Joe Atkinson. 23 MR. GORE: So the existing road, this is 24 Mr. Holmgreen's property. It looks -- everything 25 appears that the easement is all the way including that 74 1 seven feet between the pavement and the fence. And this 2 would go up to the fence, the existing right-of-way, and 3 just eliminate this curve and get it out of the 4 floodplain. 5 JUDGE KELLY: And he's talking the northeast 6 corner of his property to here? 7 MR. GORE: Yeah. Sounds like he would come 8 up to the north -- 9 MRS. STEBBINS: Speak up, Bobby. 10 COURT REPORTER: I can't hear you. 11 MR. GORE: Sounds like he would come up to 12 the north -- he's requesting it come up all the way to 13 the north corner after that final curve. 14 COURT REPORTER: Thank you. 15 MR. ATKINSON: And the problem that we have 16 is -- 17 COURT REPORTER: I can't hear you. 18 MR. ATKINSON: And the problem we have 19 relocating is this electrical easement that goes across 20 here that prevents us from -- from being able to 21 reallocate the road over here. 22 COMMISSIONER BELEW: And you can't change 23 the trajectory of that. 24 MR. ATKINSON: And we run in -- when we do 25 that, we run into this over here. 75 1 MR. HOLMGREEN: They're already going over 2 that easement every day with debris and you've been 3 burning things over there on that side and that's the 4 only way you're going to get to that part of the 5 property -- or his property. 6 JUDGE KELLY: Okay. We -- we need to get 7 order back. 8 MR. HOLMGREEN: Sorry. 9 MR. GORE: I just wanted to show you the 10 bigger picture. It has -- 11 JUDGE KELLY: I think we all kind of 12 understand what the lay of the land is out there. So 13 what's -- what's the pleasure of the Court, is this 14 something that we need to -- I mean we've seen this 15 plat. 16 COMMISSIONER HARRIS: I'm comfortable with 17 it. I went out there a year ago maybe. But that's when 18 we drove all through there and showed me what's at 19 stake. And at that point I said, well, you get with the 20 County Engineer, you need to get with your neighbors, 21 and all that kind of stuff and proceed, but do it 22 through the Engineer's office. 23 And, you know, asking for -- for money for 24 an easement -- to use an easement that's already there, 25 I think kind of hurts your case, Mr. Holmgreen, in my 76 1 view. So -- 2 COMMISSIONER LETZ: My question is the deed 3 question. I just want to make sure -- 4 COMMISSIONER HARRIS: Yeah. The deed 5 question is cloudy. That needs to be cleared up. I 6 think you can see that, Bobby, I think. And Joe, I 7 think y'all see that we need to figure out the deed on 8 your property. How it's read and go -- that's what I'd 9 say. Pass on it and bring it back at another point. 10 COMMISSIONER GIPSON: Yeah. 11 MRS. DOWDY: I have a question. Are you 12 going to need a public hearing? 13 JUDGE KELLY: Pardon? 14 MRS. DOWDY: You don't need another public 15 hearing for another -- 16 COMMISSIONER LETZ: No. 17 MRS. DOWDY: Okay. 18 COMMISSIONER HARRIS: Bobby, we should be 19 able to get those questions answered and put it on in 20 two weeks, I would say. 21 MR. GORE: Yes, sir. 22 COMMISSIONER HARRIS: Are you all 23 comfortable with that? 24 JUDGE KELLY: Yes. Okay. So for today, 25 we're going to pass it and come back and we'll have a 77 1 little bit more information. But I see what you're 2 doing. I see. 3 MR. GORE: So I'm going to really hone in on 4 two things. I want to check -- of course, we're not a 5 title company. It's -- you know, we can't assume 6 liability if there's something that we missed. But I'm 7 happy to look over and see if there's an existing deed 8 tied directly to his property for that existing easement 9 directly. And then also, let's see, so whether there's 10 an existing easement along that section and also where 11 his easement currently lines up. The existing easement 12 on his property. 13 JUDGE KELLY: And Joe's got his -- his hand 14 up. 15 MR. ATKINSON: Yes. The existing deed that 16 shows or references the dedicated easement, I have that 17 in my truck. A copy of it. That was done by Lee 18 Voelkel when we were getting the survey set up and all 19 that, to make sure that this wasn't going to be an 20 issue. And I just need to go get it out of my truck. 21 COMMISSIONER HARRIS: If -- if we could just 22 pass on this and come back to it and settle this today, 23 I'd love to do that rather than taking it down two weeks 24 from now. If you have the answer. 25 MR. ATKINSON: I do. You want me to get it? 78 1 COMMISSIONER LETZ: Are you going to bring 2 us someone who's going to read the deed and interpret 3 it? Because I'm not going to read the deed and make a 4 legal determination. 5 MR. ATKINSON: It's pretty -- you know, 6 it -- it addresses the easement and -- 7 COMMISSIONER BELEW: I think we should wait 8 still. Because what Jonathan brings up, because it 9 gives everybody time to digest it. To double-check. 10 Gives the engineer's office an opportunity. So we 11 should wait on this. 12 COMMISSIONER GIPSON. I would -- I would 13 wait. 14 COMMISSIONER LETZ: And let the County 15 Attorney look at it more than anything else. 16 COMMISSIONER HARRIS: Yeah, exactly. 17 COMMISSIONER BELEW: Well, every -- as many 18 eyes as you can put on it makes it safer. 19 COMMISSIONER GIPSON: I agree. 20 COMMISSIONER HARRIS: Joe, I'd probably like 21 to go out there again between now and then and look at 22 it. 23 MR. ATKINSON: Not a problem. It'll all 24 still be there. 25 JUDGE KELLY: So we pass item 1.16, and move 79 1 on to Item 1.17 to convene a public hearing for a 2 revision of plat for the Reserve at Falling Water, 3 Lots 31R1 and 31R2. Mr. Gore. 4 MR. GORE: This is just a public hearing for 5 the combining of those two lots. 6 JUDGE KELLY: Anyone want to address the 7 Court on this public hearing? It's on the Reserve at 8 Falling Water. 9 There being no one, we'll adjourn the public 10 meeting and move on to Item 1.18, which is a public 11 hearing for revision of plat for Post Oak Estates, 12 Lot seven and Water Works Lot. 13 Public hearing. Anyone want to address the 14 Court? Okay. There being none, we'll adjourn that and 15 move on to Item 1.19 consider, discuss and take 16 appropriate action for the Court to conditionally 17 approve a revision of plat for Post Oak Estates Lot 7, 18 and Water Works Lot. Mr. Gore. 19 MR. GORE: This proposal combines Lot 7, 20 which is currently 0.6 acres, with the adjacent Water 21 Works Lot, currently 0.17 acres into Lot 7R, totalling 22 0.72 acres, I believe. And it dedicates 0.5 acres of 23 right-of-way along Goat Creek Cut-Off Road. It says 24 0.5, I believe that should be 0.05. The road frontage 25 will remain on Goat Creek Cut-Off. It is in Kerrville's 80 1 ETJ and must be approved by both entities. 2 County Engineer requests the Court 3 conditionally approve a revision of plat for Post Oak 4 Estates Lot 7 and Water Works Lot, with the condition 5 that the City of Kerrville approve and sign the plat. 6 This is in Volume 3, Page 47, Precinct 4. 7 COMMISSIONER LETZ: Is the Water Works Lot 8 not used anymore? 9 MR. GORE: That's -- that's correct. 10 Currently, Aqua Texas provides water to the folks that 11 were in that subdivision and they have a well at another 12 location. The current owner or the previous owner has 13 owned the two lots. And I think even the previous owner 14 before that also owned the two lots. And I understand 15 there's a -- there's a well on that site that hasn't 16 been utilized and is just owned by the same person. 17 COMMISSIONER LETZ: Does -- and I don't -- I 18 don't know. Does Aqua Texas need to sign off since 19 it's -- I presume that lot was on the plat that was 20 dedicated to them? 21 MR. GORE: It was actually dedicated 22 somewhat different to the folks in that area. And then 23 later Aqua Texas, I think, added this to another system. 24 I believe their -- their nearest well was on another 25 location. They don't utilize this well. 81 1 COMMISSIONER HARRIS: I move for approval. 2 COMMISSIONER BELEW: Second. 3 JUDGE KELLY: Got a motion and a second to 4 approve the -- conditionally approve the revision of 5 plat for Post Oak Estates Lot 7 and the Water Works Lot. 6 Any discussion? Those in favor raise your hand. 7 Unanimous, five zero. 8 Item 1.20 consider, discuss and take 9 appropriate action to accept three $10 anonymous gift 10 card donations received by Kerr County and place said 11 gift cards in the possession of the Kerr County Human 12 Resources Department to be used in county-wide employee 13 training events. 14 MR. GORE: We've received some thank you 15 cards containing gift cards, personally, just for doing 16 our jobs. So we wish to put those into the bank for 17 the -- for county-wide distribution. 18 COMMISSIONER LETZ: I move for approval. 19 COMMISSIONER BELEW: Second. 20 JUDGE KELLY: We've got a motion and a 21 second to approve placing gift cards in the Human 22 Resources Department. Any discussion? Those in favor 23 raise your hand. Unanimous. 24 Item 1.21 consider, discuss and take 25 appropriate action for the Court to approve a final plat 82 1 for Rivenburgh Wine Addition, Precinct 1. 2 MR. GORE: This proposed subdivision creates 3 a single lot. Lot 1 will be 5.18 acres fronting on 4 Highway 16. It is in Kerrville's ETJ, but the size of 5 the tract exempts it from needing approval from the City 6 of Kerrville. 7 The County Engineer requests the Court 8 approve the final plat for Rivenburgh Wine Addition, 9 Precinct 1. 10 I believe that is the Kerrville -- Kerrville 11 Winery out Highway 16. 12 JUDGE KELLY: Correct. I know where it is. 13 COMMISSIONER BELEW: I'll move for approval. 14 COMMISSIONER GIPSON: Second. 15 JUDGE KELLY: We got a motion and a second 16 to approve the final plat for Rivenburgh Wine Addition. 17 Any other discussion? Those in favor raise your hand. 18 Unanimous, five zero. 19 Item 1.22 consider, discuss and take 20 appropriate action for the Court to set a public hearing 21 for 10:00 a.m. on September the 12th, 2022, for a 22 revision of plat for the Hartshorn Country Sites, Site 23 No. 2. Mr. Gore. 24 MR. GORE: A small portion, 0.07 of Site 25 No. 2 was previously conveyed to the adjacent property 83 1 owner without revising the plat. This proposal corrects 2 the error by revising the plat for part of Site No. 2 as 3 it currently exists into Site Number 2R, which will 4 total 2.08 acres. Road frontage will remain on 5 Hartshorn Drive. It is in Kerrville's ETJ and must be 6 approved by both entities. 7 The County Engineer requests the Court set a 8 public hearing for 10:00 a.m. on September 12th, 2022 9 for a revision of plat for Hartshorn Country Sites-Site 10 No. 2, Volume 1, Page 69, in Precinct 1. 11 COMMISSIONER BELEW: Move for approval. 12 COMMISSIONER HARRIS: Second. 13 COMMISSIONER GIPSON: Second. 14 JUDGE KELLY: We have a motion and a second 15 to approve setting a public hearing for Hartshorn 16 Country Sites-Site No. 2 for September 12th at 10:00 17 a.m. Any discussion? 18 COMMISSIONER LETZ: Do we plan to waive our 19 authority on this one or is there going to be a 20 right-of-way? 21 MR. GORE: They did not request it. They 22 just -- so we didn't ask them about it. 23 COMMISSIONER LETZ: Okay. It seems that we 24 could waive our authority on this one unless there's a 25 right-of-way. 84 1 COMMISSIONER BELEW: Which -- I'm okay with 2 that but, you know, we've already -- 3 COMMISSIONER LETZ: It's a public hearing. 4 We still probably have to do the public hearing and then 5 waive it. 6 MR. GORE: What is the existing right-of-way 7 there? 8 COMMISSIONER LETZ: 40 feet. 9 COMMISSIONER BELEW: We had -- we've had a 10 couple of these come up and they're -- 11 COMMISSIONER LETZ: We did the right-of-ways 12 but the County usually doesn't have to keep it. But if 13 we're -- 14 COMMISSIONER BELEW: They don't want to. 15 COMMISSIONER LETZ: But if there's no -- 16 MR. GORE: Right. We can set the public 17 hearing, they can still make the request after the 18 public hearing. I don't -- this came in fairly recent. 19 I'm not sure that the review has been completed. If we 20 do set the public hearing and they still wish to make 21 that request, no problem. 22 COMMISSIONER LETZ: Okay. 23 JUDGE KELLY: Okay. Those in favor raise 24 your hand. Set the public hearing. Five-0. 25 Item 1.23 is information and discussion for 85 1 potential subdivision referred to as Twin Creeks 2 Estates. Precinct 2. 3 MR. GORE: This proposal subdivides 858.07 4 acres between Eagle Ridge and Fall Creek Road. It 5 proposes 110 lots and 10 roads. Each lot will be 6 greater than five acres. Access to the proposed 7 subdivision will be from Eagle Ridge, about three miles 8 from Highway 173. 9 It is partially within the floodplain and 10 must meet requirements for development within the 11 floodplain. Construction plans for the subdivision have 12 been submitted to County Engineer for review. 13 A concept plan meeting was held in the 14 County Engineer's office on April 19th, 2022 at the 15 developer's request, and it was noted that the current 16 condition of Eagle Ridge may not safely support the 17 expected increases in traffic volume that will be 18 generated by this proposed subdivision. 19 Since this proposed subdivision is also 20 expected to increase traffic at the Eagle 21 Ridge/Highway 173 intersection, TxDOT may require a 22 traffic study, traffic-impact analysis, etc. 23 County Engineer offers this information to 24 discuss a potential subdivision referred to as Twin 25 Creeks Estates, Precinct 2. 86 1 COMMISSIONER GIPSON: To my knowledge, it's 2 the first one at least recently that has a county road 3 as its access as opposed to a farm to market roadway. 4 And the roadway, Eagle Ridge Road is a good road for 5 the -- but I'm hearing complaints about it already in 6 terms of safety issues. It's narrow. 7 COMMISSIONER HARRIS: 110 lots. 8 JUDGE KELLY: How many lots are in Big Sky? 9 MR. GORE: I don't know. Do you know? 10 MS. HOFFER: Hu-uh. 11 JUDGE KELLY: It's a big subdivision, I 12 know. 13 MR. GORE: Oh, oh. Great Sky out at -- I'm 14 sorry. I was thinking of another Big Sky. It is close 15 to -- I think it's 80 something. 16 COMMISSIONER GIPSON: Big Sky or Great Sky? 17 JUDGE KELLY: But I -- I know that their 18 entryway onto Highway 173 is oppressive. And to -- to 19 be able to handle that kind of traffic. And I drove 20 Eagle Ridge, and it's not. And even trying to expand 21 Eagle Ridge is going to be very problematic. That ranch 22 also has an access onto Fall Creek Road; is that right? 23 MR. GORE: I believe. Jared with Wellborn 24 Engineering is here. 25 VOICE: No. There is no -- 87 1 JUDGE KELLY: There was, I believe, but 2 that's going to be closed? 3 MS. HOFFER: I think it's private. 4 JUDGE KELLY: Oh. Does that part not sell 5 with the rest of the ranch? I don't know. 6 MR. GORE: I guess not. I wasn't familiar 7 with what -- what it looked like previously, but 8 apparently that -- that is. 9 JUDGE KELLY: I think the access using Eagle 10 Ridge is going to be very dangerous. Very, very 11 dangerous. And I don't know how we fix that. But that 12 is my big concern about it. And I drove Eagle Ridge 13 last week. And I drove Great Sky, is that the name of 14 it? And I drove it. And there's just no comparison. 15 COMMISSIONER LETZ: Is there -- and I have 16 not driven the roads. I'm not real familiar with it. I 17 think I've driven it, but I'm not positive about that. 18 Is there a possibility of the developer helping upgrade 19 Eagle Ridge? 20 JUDGE KELLY: I don't know. 21 COMMISSIONER LETZ: Maybe that's a question 22 for -- 23 JUDGE KELLY: It's going to be expensive for 24 anybody. And these people along Eagle Ridge are not 25 going to be completely cooperative about it either. I 88 1 can tell you that. Because I know them. And you do, 2 too. 3 MR. GORE: It's certainly something that if 4 the developer or his engineer requests a discussion 5 about, we could have another concept plan meeting or 6 something like that. But as you mentioned and as the 7 County Engineer mentioned, there are some real concerns 8 about that road in its current condition to support 9 what's stated above. 10 JUDGE KELLY: And not from the entrance 11 necessarily, the design entrance, but to the north -- 12 oh, no, wait a minute. The south quarter of the ranch 13 where Eagle Ridge Road is, how far is that back to 173? 14 MR. GORE: It's three miles. 15 JUDGE KELLY: Three miles? 16 MR. GORE: Uh-huh. 17 JUDGE KELLY: But that's not even the 18 entrance. The entrance is going to be back over here, 19 the main entrance? 20 MR. GORE: Yes, sir. It's, I believe, three 21 miles. 22 JUDGE KELLY: My grandson got his first deer 23 off that ranch. 24 COMMISSIONER LETZ: Where's the main -- 25 that's not the main entrance? 89 1 JUDGE KELLY: The main entrance now is off 2 Fall Creek Road. 3 COMMISSIONER GIPSON: No. 4 JUDGE KELLY: The only Eagle Ridge -- 5 COMMISSIONER GIPSON: No. 6 JUDGE KELLY: No? What? 7 COMMISSIONER GIPSON: No. It does not have 8 access to Fall Creek Road, does it? 9 VOICE: No. 10 COMMISSIONER GIPSON: It does not have a 11 Fall Creek Road access. 12 JUDGE KELLY: Okay. No, I -- I didn't say 13 it did. But I'm saying originally it was the -- the 14 Taylors. 15 COMMISSIONER GIPSON: I don't think so. 16 VOICE: It was the Newhoff(phonetic) Ranch. 17 JUDGE KELLY: Huh? 18 COMMISSIONER GIPSON: The Newhoff 19 Ranch(phonetic). It's not -- it's not the same ranch. 20 JUDGE KELLY: Whose ranch? 21 COMMISSIONER BELEW: So where is the -- the 22 main entrance is off of what road? 23 COMMISSIONER GIPSON: Eagle Ridge Road. 24 COMMISSIONER BELEW: Eagle Ridge? 25 COMMISSIONER GIPSON: Yeah. 90 1 JUDGE KELLY: So this is the Newhoff Ranch? 2 COMMISSIONER GIPSON: Yes. 3 JUDGE KELLY: Which is the one -- 4 MR. VOELKEL: East of it. 5 JUDGE KELLY: Okay. So this is the Newhoff 6 ranch. 7 COMMISSIONER LETZ: And I think -- so this 8 is just an informational item. But I think at some 9 point, Judge, we may want to go into closed session and 10 visit with the attorney about what recourse we have. 11 Because, I mean, like I said, I -- listening to you two 12 talking about it, it sounds like it's a public safety 13 issue to let that much traffic onto Eagle Ridge in its 14 current condition. 15 JUDGE KELLY: Well, and knowing that the 16 ranch to the west of it is going to develop shortly 17 anyway. So we're really going to have a lot of traffic 18 out on Eagle Ridge. Eagle Ridge is going to become a 19 thoroughfare. 20 COMMISSIONER BELEW: Well, this is a problem 21 all over the County. You have people that want to sell 22 their land, developers that want to pay the price they 23 want or better. They want to develop, and they haven't 24 backed up and taken an aerial view. There's one way in 25 and one way out. Narrow roads. Blind curves. Low 91 1 water crossings. All -- most of which, especially the 2 out-of-county guys, have never had to take into 3 consideration. And it just hits them like a brick wall. 4 COMMISSIONER HARRIS: They don't really 5 think about it when they purchase that lot. 6 COMMISSIONER BELEW: They don't understand 7 it coming in, what our conditions are here. So just 8 like the water restrictions. A lot of them have never 9 been faced with the water restrictions. So this is a 10 big part of our growth problem. Just this -- the 11 infrastructure. So this is not going to end with this 12 one or the next one or -- it's going to be ongoing. 13 COMMISSIONER GIPSON: Kelly, am I correct 14 that that roadway 40 foot wide easement? 15 MS. HOFFER: I believe so. 16 COMMISSIONER GIPSON: It's not -- it's not 17 even a 60-foot wide easement. 18 MS. HOFFER: I'm almost positive it's not 19 60. It's probably 40 or 50. And I'd have to guess 20 probably more like 40. 21 MR. GORE: I might add that the surveyor, 22 Wellborn Engineering & Surveying, requested this be 23 brought before as a preliminary plat. Of course, we're 24 not doing preliminary plats. 25 JUDGE KELLY: Which -- which we appreciate. 92 1 We appreciate it. You don't have to do it. We know it. 2 MR. GORE: Right. However, it would not 3 have been a complete package. It was near complete back 4 in the old days when we did preliminary plats. Not 5 quite all the checklist items would have been on to have 6 been able to, but again as an informational item we 7 wanted you to be aware of it. 8 COMMISSIONER LETZ: Well, we -- you have 9 heard from -- you mentioned TxDOT in the -- for the 10 intersection out on 173. 11 MR. GORE: Right. 12 COMMISSIONER LETZ: Do we know what their 13 position is going to be? 14 MR. GORE: I did get an e-mail from 15 Marshall, the area engineer. He said even though we're 16 three miles away from this proposed development, the 17 impact to that intersection would force the requirement 18 for a traffic study. Depending on the results of that, 19 traffic impact analysis. Depending on those results, a 20 potential intersection improvement. So we could be 21 looking at off-site improvements that the developer 22 would be required to do per TxDOT. And then, of course, 23 that doesn't even take into account the three miles of 24 Eagle Ridge Road. 25 JUDGE KELLY: And my recollection is that 93 1 that intersection is at an incline. 2 COMMISSIONER GIPSON: It is. It's tricky. 3 COMMISSIONER BELEW: That's what I mean. We 4 had one of these awhile back where the only way in and 5 out, ingress or egress, was a low water crossing and a 6 blind curve. 7 JUDGE KELLY: Right. Right. 8 COMMISSIONER BELEW: And you can't really do 9 that on a 45-mile-an-hour road. 10 JUDGE KELLY: Well, 173 is -- 11 COMMISSIONER BELEW: 173 isn't going much 12 faster. 13 JUDGE KELLY: Any ideas? Just talk. 14 MR. SULLIVAN: Do I need to go -- 15 JUDGE KELLY: Yes. 16 MR. SULLIVAN: Thank you. My name's Earl 17 Sullivan. I represent the developer. We are the 18 developers of this property. We -- you know, early 19 on -- we understand the growth. We deal with this 20 everywhere we go. We understand there's always need to 21 review. At the time of the acquisition purchase of the 22 property, we reviewed your development and regulations, 23 everything in place. We understand the whole water 24 concerns, access. It's no different here than it is 25 anywhere we work. 94 1 A couple of things to address. As far as 2 the DOT, we are looking at that. That was discussed in 3 the concept meeting along with the condition of Eagle 4 Ridge Road. DOT -- we are moving in that direction to 5 get a traffic study at that intersection through an 6 independent, you know, engineer. They provided that to 7 DOT and we'll go through that process. We've already -- 8 that's already in motion. 9 As far as the condition of Eagle Ridge Road, 10 you know, I don't understand some of the -- some of the 11 comments as far as the danger involved and that kind of 12 thing. I think there was one comment about being 13 40-feet wide. I think it's much wider than that. But 14 again, that's -- that can be determined easy enough. 15 You know, we've met -- up to this point, we've tried to 16 meet the conditions of your development regulations as 17 you have in place. We've moved forward with -- with 18 that and made the acquisition. The design is probably 19 70 plus percent complete on all the internal roads, 20 meeting all your requirements for collector roads. 21 Everything. Lot size. Everything, you know, that you 22 require. So we're moving in that direction. Have been 23 for sometime. 24 You know, we've met, you know, every 25 condition that you have, you know, on record. On file. 95 1 As far as the condition of Eagle Ridge Road, we've 2 monitored that. We've monitored it from the very 3 beginning. We've videoed from the very beginning the 4 conditions. We understand that the residents out there 5 may have concerns because of more traffic. But, you 6 know, I don't know that I'd necessarily understand where 7 as we develop a piece of property that, you know, we've 8 got to find a way to address our impact to that road. 9 Sounds like there's another development. I wasn't aware 10 of another development in that area. 11 JUDGE KELLY: Just west of it. 12 MR. SULLIVAN: Yeah. Has it been submitted? 13 Has there been a submittal on that? 14 JUDGE KELLY: No. 15 MR. SULLIVAN: So it's -- 16 JUDGE KELLY: But they're working on it. I 17 drove out there last week. They're working on their 18 Fall Creek entrance. 19 COMMISSIONER GIPSON: The -- the comments 20 I've heard of that through -- about the condition of the 21 road I think is fine, it's the width. The width of the 22 pavement. Excuse me, not the width on -- 23 MR. SULLIVAN: On Eagle Ridge? 24 COMMISSIONER GIPSON: The width of the 25 pavement -- 96 1 MR. SULLIVAN: Yes, sir. 2 COMMISSIONER GIPSON: -- has been an issue 3 and -- it's a long stretch and it's straight. People 4 drive it too fast. If anybody makes a mistake, it's -- 5 MR. SULLIVAN: Sure. 6 COMMISSIONER GIPSON: And if you're 7 coming -- meeting other people, it's pretty tight. 8 MR. SULLIVAN: Yes, sir. Yeah. Well, I 9 think from -- I think from our perspective what would 10 help us, not only in this case but in the future 11 projects in Kerr County, is to develop a -- some process 12 that we as a developer and then even the seller, you 13 know, the seller will understand hey, here are the 14 things that we have to address. We've addressed 15 everything else on the record and trying to do so. That 16 is not one of them. 17 But certainly, we'll -- you know, we'll look 18 at -- anything we -- we want to do this development here 19 in Kerr County where we do this all over. You know, 20 we've done many in Texas now. We could be a private 21 gated community. Our market, for the record, typically 22 we do a -- we're a secondary market. We're a -- our 23 buyers are typically nearing retirement age. There -- 24 it's a seasonal weekend get-away retirement home 25 community. It's not like a hundred -- you know, a 97 1 hundred room apartment complex so the day we finish 2 you've got that volume of traffic, number one. It's 3 built out over a period of time. 4 JUDGE KELLY: We understand. We live here. 5 We know who we are. 6 MR. SULLIVAN: Yeah. And that's -- that's 7 why we're here. Because that's your market. Yeah. But 8 from the developer standpoint, we need to know. We need 9 to know what is expected and what, you know, what -- we 10 want to work with people. We're doing everything we can 11 but it's -- you know, again, it's not in your regs that 12 we improve three miles of County road because we're 13 going to put 110 lots on it. We don't know that. We 14 didn't know. Had no way of knowing that when we 15 acquired the property. This is not our first -- we 16 do -- we do this a lot. 17 JUDGE KELLY: And we appreciate you working 18 with us. But we still have to protect the health, 19 safety, and welfare of the public. 20 MR. SULLIVAN: Sure. No, I understand that. 21 Any questions? 22 JUDGE KELLY: Anything else? Let's keep 23 talking. 24 MR. SULLIVAN: Okay. How do we move 25 forward? I mean we're -- we're moving ahead. We want 98 1 to build the project. So I -- you know, time is 2 important to us. 3 JUDGE KELLY: Well, we're going to have to 4 talk to our lawyers -- 5 MR. SULLIVAN: Okay. 6 JUDGE KELLY: -- and see what the options 7 are. And so -- 8 MR. SULLIVAN: So do I communicate through 9 the Engineer's office? How -- how is my -- my line of 10 communication? 11 JUDGE KELLY: That's fine. Yeah. 12 MR. SULLIVAN: Yeah. 13 JUDGE KELLY: That's good. 14 COMMISSIONER LETZ: Engineer. 15 MR. SULLIVAN: Okay. Thank you. 16 JUDGE KELLY: Again, we appreciate you 17 bringing it to us. 18 Okay. Item 1.24 consider, discuss and take 19 appropriate action to set a public hearing for September 20 26th, 2022 at 10:00 a.m. for a proposed cancellation of 21 Tract 7, which is 52.82 acres of the Theodore and 22 Dorothea Oehler Estate subdivision. 23 MR. GORE: Attached is a letter from Voelkel 24 Land Surveying requesting the Court cancel Tract 7, 25 which is 52.82 acres, out of the Theodore and Dorothea 99 1 Oehler Estate Subdivision, Volume 4, Page 27. 2 Their client, Texas Apache Trace, LLC, have 3 purchased Tract 7 and wish to add it to their proposed 4 development, Apache Trace, which is a 500-acre, 80-lot 5 residential subdivision off of FM 479 adjacent to said 6 tract. 7 County Engineer recommends that the Court 8 set a public hearing for September 26th, 2022 at 10:00 9 a.m. for a proposed cancellation of Tract 7, 52 acre -- 10 52.82 acres of the Theodore and Dorothea Oehler Estate 11 subdivision, which is Volume 4, Page 27, in Precinct 4. 12 JUDGE KELLY: Okay. Run over the dimensions 13 again. How big is this tract? 14 MR. GORE: This is 52. A little over 52 15 acres. And it would be a partial cancelation of the 16 subdivision, cancelling only this one lot out of the 17 whole subdivision. 18 JUDGE KELLY: Okay. And then the existing 19 Apache Trace is how big? How many lots? 20 MR. GORE: 500 acres. 80 lots. 21 JUDGE KELLY: And it's off Harper Road? 22 Harper Road, right? 23 MR. GORE: Off of FM 479. And Apache Trace 24 is the next item that we're going to do. 25 COMMISSIONER LETZ: So we're really just 100 1 setting the public hearing here. 2 MR. GORE: Right. Uh-huh. 3 COMMISSIONER HARRIS: I move for approval. 4 COMMISSIONER LETZ: Second. 5 JUDGE KELLY: We've got a motion and a 6 second to approve setting a public hearing for Tract 7 7 of the Theodore and Dorothea Oehler Estate subdivision. 8 Any discussion? Those in favor raise your hand. Very 9 good. Unanimous. 10 1.25 information and discussion for a 11 potential subdivision referred to as Apache Trace. 12 MR. GORE: I think this is the last one. 13 Let's see. This proposal subdivides 503.83 acres off of 14 FM 479 in Precinct 4 into 80 or so residential lots 15 ranging from 5.02 acres to 14.94 acres, and one 0.68 16 acre lot to be dedicated to the County possibly as a 17 maintenance yard. 18 Access to the proposed subdivision will be 19 from FM 479 and there are four proposed roads totalling 20 approximately 16,850 feet or 3.2 miles. A concept plan 21 meeting was held in the County Engineer's office on 22 March 22nd, 2022, again at the developer's request. 23 The developer has indicated they will 24 request County maintenance once complete. TxDOT 25 signatures will be required on the final plat. And they 101 1 may also require a traffic study. 2 The County Engineer offers this item to the 3 Court for information and discussion. It's in 4 Precinct 4. I'm also going to add, they also requested 5 a preliminary plat. Of course, we're bringing it in as 6 an informational item. 7 JUDGE KELLY: We -- it's a voluntary process 8 and we appreciate you coming. 9 And they're requesting that the County 10 maintain the roads? 11 MR. GORE: At this point, they're 12 requesting -- or they said they will request that the 13 County maintain the roads upon completion. 14 JUDGE KELLY: I know some of our sister 15 counties around us are not doing that anymore. 16 COMMISSIONER HARRIS: Right. Approximately 17 how much does that add in roadways? 18 MR. GORE: 3.2 miles. I believe it's a 19 total of two to four roads, but totalling a little over 20 three miles. 21 JUDGE KELLY: Any questions? 22 COMMISSIONER LETZ: I mean, it looks like it 23 meets our rules. And the access is on -- unlike the 24 previous one -- 25 MR. GORE: It's off 479. 102 1 COMMISSIONER LETZ: -- is on 479 so it's 2 going to be up to TxDOT to determine traffic impact. 3 And they can do that where we can't. 4 JUDGE KELLY: Okay. Anything else? Okay. 5 Good. Thank you. 6 Moving on to the Approval Agenda. 2.1. 7 Budget Amendments. 8 MRS. SHELTON: You have seven budget 9 amendments before you for your consideration today. The 10 first one is the GASB 87 implementation, and this is a 11 requirement of the governmental auditing standards. And 12 it's just rearranging expenses that we currently have. 13 That is the largest one on here. We are 14 moving money to cover the overtime at the jail, but 15 we're moving that from jail salaries. 16 MR. HARRIS: I move for approval. 17 COMMISSIONER LETZ: Second. 18 JUDGE KELLY: Okay. Got a motion and a 19 second to approve the budget amendment as presented. 20 Any discussion? Those in favor raise your hand. 21 Unanimous. 22 2.2. Pay bills. 23 MRS. SHELTON: Invoices for today's 24 consideration amount to $807,140.42. 25 COMMISSIONER LETZ: I move for approval. 103 1 COMMISSIONER GIPSON: Second. 2 JUDGE KELLY: We've got a motion and a 3 second to pay the bills as presented. Any discussion? 4 Those in favor raise your hand. Unanimous. 5 2.3. Late bills. 6 MRS. SHELTON: There are not any. 7 JUDGE KELLY: 2.4. Auditor reports. 8 MRS. SHELTON: There are not any. 9 JUDGE KELLY: Thank you. 10 2.5. Monthly reports. 11 COMMISSIONER HARRIS: Yes. For the quarter 12 of April 1, 2022 through June 30th, 2022, County 13 Treasurer portfolio summary, Tracy Soldan. For July, 14 2022, County Clerk Jackie J.D. Dowdy, District Clerk 15 Dawn Lantz, County Treasurer's payroll report Tracy 16 Soldan, Constables, Precinct 1 Tommy Rodriguez, 17 Precinct 2 Kyle Schneider, Precinct 3 Paul Gonzales, 18 Precinct 4 Brad Rider. Justice of the Peace, Precinct 1 19 Mitzi French, Precinct 2 J. R. Hoyne, Precinct 3 Kathy 20 Mitchell, Precinct 4 Bill Ragsdale. Environmental 21 Health OSSF Director Ashli Badders, and Animal Control 22 Services, Director Reagan Givens. I move for approval. 23 COMMISSIONER LETZ: Second. 24 JUDGE KELLY: Got a motion and a second to 25 approve the monthly reports as presented. Any 104 1 discussion? Those in favor raise your right hand. 2 2.6. Court orders. 3 COMMISSIONER LETZ: We have the Court Orders 4 from our July 25th meeting, 39425 through 39447. And 5 our special meeting on August 1st, Court Orders 39448 6 through 39453. They all look to be in order and move 7 for approval. 8 COMMISSIONER HARRIS: Second. 9 JUDGE KELLY: We've got a motion and a 10 second to approve the Court Orders as presented. Any 11 discussion? Those in favor raise your hand. 12 Moving on. Information Agenda. 13 3.1. Status reports from Department Heads. 14 3.2. Status reports from Elected Officials. 15 SHERIFF LEITHA: Real quick. 16 Judge, Commissioners, I know it's been a 17 long morning. I'll make this real brief. Kinda wanted 18 to pick up where Ms. Hall's talking on this border 19 crisis resolution. Just to give y'all a quick update on 20 KCSO's stance on it. I met with Commissioner Harris 21 last week. We kind of had a good meeting with Captain 22 Waldrip. We've been working on this for, like, over six 23 months. 24 After I visited with Commissioner Harris, I 25 visited with Ms. Hall, kind of told her our approach on 105 1 it, what I would like to happen, so I just wanted to 2 share that with you all. You know, I know we have a lot 3 of resolutions. I refer to them as feel good 4 resolutions. You know. I feel -- you know, I'll be 5 honest, our approach on this is for funding. 6 Kind of want to catch you up on what I 7 agreed to do with Ms. Hall was to go down and visit with 8 Kinney County Attorney. He's kind of, was my 9 understanding, one of the first ones to do one of these 10 Resolutions. I'll be happy to go visit with him. But 11 what we found, we've been visiting with State and 12 Federal elected officials and officers for over six 13 months. The funding is done a year in advance, okay. 14 So we're going to try to get in on that window. It's 15 not quite here for next year. The funding starts small 16 and you can get more funding in year two or year three. 17 This year I think we're going to have here 18 what the State funding is, I think with this incident 19 with the schools, my understanding is a lot of funding, 20 which I totally agree, is going to go in that direction. 21 So I don't know what's going to be there. 22 But we'll take the lead on this and we'll 23 report back to you. I'm going to try to set up a 24 meeting and go visit with him and see where he is. But 25 it's gotta be strategically done, you know, and in a 106 1 timely manner as -- as the windows open for this 2 funding. I mean that's our view. That's why we're 3 doing it. We are keeping stats. We keep every manpower 4 up to every hour. Do I expect to be reimbursed? No, I 5 don't. But we'll need these stats moving forward when 6 we apply for some grants to see what we can get to. But 7 we're definitely on it. Appreciate you, Mr. Pace, y'all 8 putting it in. We're on top of it. We'll continue to 9 keep you updated on it after I meet with the county 10 attorney. 11 JUDGE KELLY: And just FYI, you're going to 12 go to Kinney County, Judge Shahan is a classmate of 13 mine. We've known each other for way too many years. 14 SHERIFF LEITHA: Can he take us to lunch, 15 or -- 16 (Laughter.) 17 JUDGE KELLY: Any other elected officials? 18 3.3 status reports from liaison 19 commissioners. Anything? 20 Okay. Then Executive Session. Do we have 21 anything in Executive Session? 22 MRS. STEBBINS: Yes, sir. I'm going to ask 23 you to read this Item 1.11. There's a personnel matter 24 related to the publication of the notice of the public 25 hearing for the budget. 107 1 JUDGE KELLY: So recall 1.11? 2 MRS. STEBBINS: Yes, please. 3 JUDGE KELLY: Okay. Item 1.11 is consider, 4 discuss and take appropriate action to set a public 5 hearing on the proposed Kerr County budget for FY 6 2022-2023 at 9:45 a.m. on August the 22nd. 7 MRS. STEBBINS: In Executive Session, 8 please. 9 JUDGE KELLY: Pardon? 10 MRS. STEBBINS: In Executive Session. 11 There's a personnel matter. 12 JUDGE KELLY: I didn't know exactly what you 13 said. 14 MRS. STEBBINS: Thank you. 15 JUDGE KELLY: Is there anything else we have 16 for that? Okay. So the Court will recess for about 17 five minutes and reconvene in Executive Session. 18 (Executive Session.) 19 JUDGE KELLY: Court is back in session. 20 It's 12 o'clock, we're coming out of Executive Session. 21 Is there any action items following Executive Sessions? 22 COMMISSIONER LETZ: Yes, Judge. On -- where 23 are we, one point -- 24 MRS. STEBBINS: Eleven. 25 COMMISSIONER LETZ: -- eleven. On the 108 1 notice on publishing elected officials salaries. To 2 correct an error in the calculation of the County 3 Attorney's salary and the proposed salary should be 4 $130,579.00. State supplement remains at $52,007.00 and 5 then the longevity remains at $480,000.00. 6 MRS. STEBBINS: $480.00; not thousand. 7 COMMISSIONER LETZ: Oh. $480.00. Sorry. 8 COMMISSIONER BELEW: Nice save. 9 COMMISSIONER LETZ: And just for the record, 10 that includes -- a portion of that salary amount is 11 correcting a mistake in prior years. So next year's 12 salary will be lower than that. 13 COMMISSIONER HARRIS: Yeah. It will drop 14 $11,000. 15 COMMISSIONER LETZ: About. 16 MRS. DOWDY: So only one figure is changing? 17 COMMISSIONER LETZ: Yes. And that should go 18 to 130,579. 19 COMMISSIONER HARRIS: That was a motion? 20 COMMISSIONER LETZ: That was a motion. 21 COMMISSIONER HARRIS: I'll second. 22 JUDGE KELLY: We've got a motion and a 23 second. Any discussion? Those in favor raise your 24 hand. And I abstain. Because I don't understand it. 25 Okay. Anything else? We're adjourned. 109 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 18th day of August, A.D. 10 2022. 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