1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Regular Session 5 Monday, February 27, 2023 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 RICH PACES, Commissioner Precinct 2 JONATHAN LETZ, Commissioner Precinct 3 25 DON HARRIS, Commissioner Precinct 4 2 1 I-N-D-E-X 2 NO. PAGE 3 *** Public Input. 6 4 *** Commissioners' Comments. 7 5 1.1 Consider, discuss and take appropriate 9 action to approve Resolution honoring 6 Charlie Witt. 7 1.2 Consider, discuss and take appropriate 13 action to recognize Julie Leonard for her 8 years of service on the Kerr County Historical Commission. 9 1.3 Consider, discuss and take appropriate 15 10 action to approve the Proclamation commemorating American Red Cross Month, 11 March 2023. 12 1.19 Consider, discuss and take appropriate 16 action to approve update on changing cell 13 phone providers. 14 1.4 Consider, discuss and take appropriate 22 action to approve a Resolution authorizing 15 the creation of a Law Enforcement Agency in the Kerr County Attorney's Office, and 16 authorize the Kerr County Attorney to submit the Law Enforcement Agency Application to the 17 Texas Commission on Law Enforcement. 18 1.5 Consider, discuss and take appropriate 23 action to approve Resolution in support of 19 the River Rock Apartments development. 20 1.6 Announcement of Upper Guadalupe River 36 Authority(UGRA) Water Resources 21 Preservation Grant Program. 22 1.7 Consider, discuss and take appropriate 45 action to accept donations totaling $585.00 23 for the month of January, 2023 to be added to the operating expense line item 10-642-330. 24 1.8 Consider, discuss and take appropriate 45 25 action to transfer equipment from Constable Precinct 4 to Road & Bridge. 3 1 I-N-D-E-X 2 NO. PAGE 3 1.9 Consider, discuss and take appropriate 46 action to select engineering service 4 provider(s) to complete project implementation for engineering services pertaining to the 5 Veterans' Pathway Sidewalk project with the allocation of American Rescue Plan Act(ARPA) 6 funding. 7 1.10 Discussion regarding the use of the Hill 48 Country Youth Event Center for eclipse 8 resource storage and other uses. 9 1.11 Consider, discuss and take appropriate 58 action regarding water availability study 10 when platting within an existing CCN. 11 1.15 Consider, discuss and take appropriate 71 action to offer Engineering Department 12 vehicle as a trade-in for new vehicle. 13 1.16 Consider, discuss and take appropriate 72 action to approve lease agreement with 14 Enterprise Fleet Management for vehicle for Engineering Department. 15 1.17 Consider, discuss and take appropriate 73 16 action for the Court to authorize the County Judge to execute the 2023 Road Reconstruction 17 Project with Dirtboys, Inc. from San Antonio, Texas, in the amount of $242,083.53. 18 1.18 Consider, discuss and take appropriate 75 19 action for the Court to approve a revision of plat for Heavenly Acres Tract 5. 20 1.12 Consider, discuss and take appropriate 76 21 action to accept Racial Profiling Report from the 198th District Attorney's Office. 22 1.13 Consider, discuss and take appropriate 77 23 action to approve and submit for publication the Request for Sealed Bids for lease of the 24 Kerr County Juvenile Facility located at 3499 Legion Drive, Kerrville, Kerr County, Texas. 25 4 1 I-N-D-E-X 2 NO. PAGE 3 1.14 Consider, discuss and take appropriate 78 action to change Lisa Walter, Public 4 Relations, from a part-time employee to a full-time employee, and change her job 5 description to include website maintenance and updates. 6 1.20 Consider, discuss and take appropriate 90 7 action to surplus Hill Country Regional Public Defender's Office(HCRPDO) items to 8 Medina County HCRPDO fiscal agenda as of 10/01/2022. 9 1.13 Consider, discuss and take appropriate 94 10 action to approve and submit for publication the Request for Sealed Bids for lease of the 11 Kerr County Juvenile Facility located at 3499 Legion Drive, Kerrville, Kerr County, Texas. 12 1.21 Consider, discuss and take appropriate 95 13 action on Implementation of the Burn Ban. 14 1.22 Consider, discuss and take appropriate 95 action to approve the AVID Bastion Agreement 15 and the amendments entitled "Schedule A Addendum" and "Schedule D" and incorporate 16 into the contract with Fidlar Technologies, Court Order No. 39371 regarding the new 17 records management system in the County Clerk's Office. 18 1.23 Discussion regarding the process for 104 19 solving capital needs. 20 1.24 Consider, discuss and take appropriate 115 action to authorize repair of damaged roads 21 due to the East Kerr County/Center Point Wastewater Sewer Project. 22 1.25 Consider, discuss and take appropriate 119 23 action regarding the Interlocal Agreement between Kerr County, Texas and the City of 24 Kerrville, Texas for the Provision of Animal Control Services within the City of Kerrville, 25 Texas and the Services of the Butt-Holdsworth Memorial Library for residents of Kerr County. 5 1 I-N-D-E-X 2 NO. PAGE 3 2.1 Budget Amendments. 121 4 2.2 Pay Bills. 122 5 2.3 Late Bills. 122 6 2.4 Auditor Reports. 122 7 2.5 Accept Monthly Reports. 123 8 2.6 Court Orders. 123 9 3.1 Status reports from Department Heads. 124 10 3.2 Status reports from Elected Officials. 125 11 4.3(a) Consider, discuss and take appropriate 129 action to sell property located at 115 12 Valley View Road and 500 Ranchero Road. 13 *** Adjournment. 129 14 *** Reporter's Certificate. 130 15 * * * * * * 16 17 18 19 20 21 22 23 24 25 6 1 JUDGE KELLY: Court will come to order. It 2 is Monday, February the 27th, 2023, 9 o'clock in the 3 morning, and the Kerr County Commissioners' Court is now 4 in session. If you would, please rise for the prayer 5 and the pledge. 6 (Prayer and Pledge of Allegiance) 7 JUDGE KELLY: Please be seated. Remind 8 everyone to turn your phones off or at least to vibrate 9 so it doesn't interrupt the proceedings. The next item 10 we have on the agenda is the public input. This is our 11 opportunity for the Court to listen to the public. And 12 we ask that you limit your remarks to three minutes. We 13 have one. George, I think you wanted to speak? 14 MR. BAROODY: Yes. George Baroody, 1516 15 Glen Road. Do we do that here? Anyways, I'm back to 16 ask you to consider something that I asked a few months 17 ago, which is I sent a letter to the editor where you 18 guys are being challenged to find the funding for these 19 Bond issues that didn't pass. Well, the one in 20 particular, the AG barn, is sort of earmarked, written 21 for, an application to EIC. 22 And I would highly recommend and encourage 23 you to consider taking that presentation that the bond 24 committee was running around town and take it right over 25 to EIC and apply for the funds there. It's an allowable 7 1 project for EIC. One of the City Council members was on 2 your committee; therefore, I think might get a little 3 bit of help in selling it to the City even though you 4 guys have apparently a current tense relationship, I'd 5 say. But it doesn't matter. It's playing that way in 6 public. 7 So anyways, the point is that one of the 8 City Council members was on your committee announcing 9 that this is a need. EIC funds are not taxpayer funds, 10 they are coming from sales tax. Therefore, seeing like 11 the AG barn would essentially pay itself through 12 whatever revenue people claim that it's going to bring. 13 So I would suggest, I'd highly encourage you 14 to push that through before EIC spends the -- currently 15 it's about $6 million I think that they're sitting on, 16 unmarked for anything, and they're not doing a whole lot 17 of economic development anyways. So, please apply that 18 so that we can have that be considered as a citizen 19 help. 20 And then one last thing -- oh, forget it. 21 That's good. Thank you. 22 JUDGE KELLY: Any other public comment? 23 Very well. Then we will move on to Commissioners' 24 Comments. We'll start with Precinct 1. 25 COMMISSIONER BELEW: Got a little rain 8 1 yesterday out at our place. That was nice. Now you 2 can't tell. So still got a lot of -- a lot of fuel out 3 there on the ground so be careful. 4 JUDGE KELLY: Precinct 2. 5 COMMISSIONER PACES: Yeah. We do have a 6 burn ban in effect for Precinct 2. We got some mist 7 yesterday. Didn't amount to anything. It's already all 8 dried up. So again, yes, be careful. 9 Just -- I received a lot of complaints about 10 the poor road conditions in Center Point associated with 11 the sewer project. And I'm hoping and praying that 12 Hayward(sic), the subcontractor for D Guerra, is out 13 there working today. That's what we were assured that 14 they would be. 15 JUDGE KELLY: Hayden. 16 COMMISSIONER PACES: Hayden. I'm sorry. 17 Yes, Hayden. Yeah. And their focus is on Stoneleigh, 18 so for all those people who frequent Stoneleigh and have 19 been complaining, I'm -- I'm hoping that that gets 20 addressed quickly. I believe we'll talk about it a 21 little bit later in the agenda. 22 The other thing I keep getting all kind of 23 complaints about trash along our highways, in particular 24 Highway 27. So I encourage the public to not use that 25 garbage bin in the back of your pickup truck. It 9 1 doesn't work. If you throw something back there, it 2 blows out if you're going down the highway. And I've 3 talked with our Constable and people in environmental 4 group and we need to tighten up on fines and enforce our 5 litter laws. So encourage you to keep an eye out for 6 that. That's all. 7 JUDGE KELLY: Precinct 3. 8 COMMISSIONER LETZ: Nothing. 9 JUDGE KELLY: 4. 10 COMMISSIONER HARRIS: I was gone all last 11 week to a conference in College Station and missed 12 several things. You know, the library board meeting, 13 which they knew I wasn't going to be there. But also 14 the big wreck or spillage -- the fuel spillage on I-10 15 out there. They rerouted a lot of traffic right through 16 Ingram and what have you. I know Reagan Givens will 17 probably give an update or what he knows about it. 18 It was actually in Gillespie County. It -- 19 so it's not under our jurisdiction, but he'll fill us in 20 a little bit more in Department Heads comments. So 21 that's all I got. 22 JUDGE KELLY: Okay. Very well. Then let's 23 move on to the Consideration Agenda. First item on the 24 agenda is 1.1 consider, discuss and take appropriate 25 action to approve a Resolution honoring Charlie Witt. 10 1 Charlie? 2 MR. WITT: Yes, sir. 3 JUDGE KELLY: It is truly an honor for me to 4 be able to read this Resolution. I've known you for -- 5 MR. WITT: A long time. 6 JUDGE KELLY: -- what now, about 30 years. 7 MR. WITT: Yes. 8 JUDGE KELLY: And so I'm just going to start 9 with the Resolution. 10 This is a Resolution of the Kerr County 11 Commissioners' Court congratulating Kerr County 12 Sheriff's Corporal Oather "Charlie" Witt on his 13 retirement after 22 years and 4 months of law 14 enforcement and community service to Kerr County. 15 Whereas, Corporal Witt has served the 16 citizens of Kerr County for 22 years and 4 months and 17 has announced his plans to Honorably Retire on March the 18 3rd, 2023; 19 Whereas, he has earned 5,351 higher 20 education and TCOLE hours, as well as a Texas Commission 21 on Law Enforcement Master Peace Officer License; 22 Whereas, he has served as Dispatcher, 23 Corrections Officer, Patrol Deputy, Assistant Jail 24 Administrator, Court Security Officer, Warrants Division 25 Deputy, and Warrants Division Corporal; 11 1 Whereas, he has demonstrated his 2 effectiveness by maintaining up-to-date knowledge of 3 county, state, and federal laws; 4 Whereas, he has been recognized by the Kerr 5 County Sheriff's Office as Deputy of the Year, and has 6 been awarded commendations for his service, as well as 7 receiving numerous letters of appreciation from 8 citizens, co-workers, and other law enforcement agencies 9 for outstanding service; and. 10 Whereas, in February of 2012, Corporal Witt 11 was awarded the Sheriff's Lifesaving Award for 12 responding to the first floor of the Kerr County 13 Courthouse regarding a medical emergency. After 14 determining the female victim was not breathing and had 15 no pulse, began lifesaving CPR efforts with another 16 citizen. Due to Corporal Witt's effort, the victim 17 responded and began to breathe. The victim was 18 transported to the hospital and survived the medical 19 emergency. 20 Therefore, Be It Resolved, that on this day, 21 February the 27th, 2023, Kerr County Commissioners' 22 Court does hereby thank and congratulate Corporal Oather 23 "Charlie" Witt for his service to the citizens of Kerr 24 County and the State of Texas, and wish him and his 25 family the very best in retirement. 12 1 (Applause.) 2 MR. WITT: Thank you. 3 JUDGE KELLY: And let me say, for any of you 4 that might not know Charlie Witt, this is an honorable 5 man. 6 (Applause.) 7 JUDGE KELLY: Charlie, what I'm going to do 8 is I'm going to hand you this and I'm going to ask that 9 you give it back. So congratulations. I love you. 10 MR. WITT: Thank you, sir. Thank you all. 11 COMMISSIONER PACES: Thank you for your 12 service. 13 (Photographs taken.) 14 JUDGE KELLY: Okay. We're going to sign 15 this and give it to you. 16 MR. WITT: Thank y'all. 17 COMMISSIONER BELEW: Charlie, you oughta 18 stand at the podium just for a second so they can see -- 19 everybody watching YouTube can see who we're bragging 20 about. They couldn't see you. No, seriously. Just 21 stand there for a second and just wave or something. 22 MR. WITT: I know most everybody. I think I 23 know most everybody. 24 COMMISSIONER BELEW: There you go. 25 MR. WITT: Thank you all. Thank you. 13 1 COMMISSIONER BELEW: You're welcome. 2 JUDGE KELLY: Next is Item 1.2 consider, 3 discuss and take appropriate action to recognize Julie 4 Leonard for her years of service on the Kerr County 5 Historical Commission. 6 MRS. DOWDY: Do we have to accept that? 7 JUDGE KELLY: Oh yeah. We'll take a vote on 8 it. Those in favor of the Resolution for Charlie -- 9 MRS. DOWDY: I need a motion and a second. 10 JUDGE KELLY: Oh. 11 MRS. DOWDY: Who made the motion? 12 JUDGE KELLY: I made the motion. 13 COMMISSIONER BELEW: Second. 14 COMMISSIONER PACES: (Raises hand.) 15 JUDGE KELLY: Everybody in favor say aye. 16 Unanimous. 17 MRS. DOWDY: Thank you. 18 JUDGE KELLY: Thank you. 19 MRS. DOWDY: You bet. 20 JUDGE KELLY: Just a second, Julie. 21 COMMISSIONER BELEW: You can go ahead and 22 stand there, Julie. You don't have to take a seat. 23 MS. LEONARD: I know. 24 JUDGE KELLY: But get behind the podium so 25 the public can see you. 14 1 COMMISSIONER BELEW: Yeah. 2 MS. LEONARD: I'm embarrassed to follow 3 Charlie Witt. 4 (Laughter.) 5 JUDGE KELLY: We have a plaque in 6 appreciation to Julie Leonard with our sincere gratitude 7 for the outstanding service for so many years. How many 8 years has it been? 9 MS. LEONARD: Fifteen as chair, but probably 10 17. 11 COMMISSIONER BELEW: Wow. 12 JUDGE KELLY: For service of so many years 13 on the Kerr County Historical Commission and your 14 dedication to documenting the history of Kerr County. 15 (Applause.) 16 JUDGE KELLY: I know this plaque is a small 17 token, but thank you very much for everything you've 18 done for Kerr County. 19 MS. LEONARD: Well, thank you. 20 (Photographs taken.) 21 MS. LEONARD: And thank you so much. 22 COMMISSIONER LETZ: We need to vote on that 23 one, too. 24 JUDGE KELLY: I make a motion that we 25 approve the Resolution and plaque honoring Julie Leonard 15 1 for her years of service on the Kerr County Historical 2 Commission. 3 COMMISSIONER PACES: Second. 4 JUDGE KELLY: That is a motion and a second. 5 Those in favor say aye. Unanimous. 6 1.3 consider, discuss and take appropriate 7 action to approve the Proclamation commemorating 8 American Red Cross month, March 2023. Miss Roberts. 9 MS. ZABICA: I'm Debbie Zabica. I'm the 10 Executive Director. 11 JUDGE KELLY: Okay. This is traditionally 12 Red Cross Month? 13 MS. ZABICA: March, yes. Yes, it is. 14 JUDGE KELLY: Okay. Then I make a motion 15 that we recognize this and commemorate it as Red Cross 16 Month. 17 COMMISSIONER BELEW: Second. 18 JUDGE KELLY: Got a motion and a second. 19 Any discussion? Those in favor say aye. Unanimous. 20 Thank you. 21 MRS. DOWDY: I'm sorry. Who made the 22 motion? 23 JUDGE KELLY: I made the motion. 24 MRS. DOWDY: And who made the second? 25 JUDGE KELLY: Harley. 16 1 MRS. DOWDY: Okay. Thank you. 2 JUDGE KELLY: Okay. 3 MS. ZABICA: Thank you. 4 JUDGE KELLY: I'm going to fast-forward to 5 Item 1.19 consider, discuss and take appropriate action 6 to approve an update on changing cell phone providers. 7 Sheriff. 8 SHERIFF LEITHA: Okay. Thanks for moving me 9 up, Judge. It's going to be -- to make it real quick. 10 I'm really just kind of notifying you all. This kind of 11 refers to me and Bruce. I have my phone. Bruce has his 12 County phones. 13 What we're wanting to do is we're wanting to 14 switch to AT&T FirstNet. Currently, we're with West 15 Central Wireless and they've been sold out to Verizon. 16 The whole time we really haven't had good phone service. 17 And like I said, I think because they're winding down. 18 I think they've already closed the Fredericksburg office 19 and I think they'll be closing this one soon. 20 But I met with AT&T, our rep. They really 21 offered us a really good deal at this time. Basically 22 it's -- as y'all know, AT&T has commercial service and 23 then they've got first responder service, which we would 24 be on. And then in case of a storm or something like 25 that, you can get uplifted for 48-hours at a time. 17 1 You know, I think this is a really good time 2 to do this. Kind of go over some numbers with y'all. 3 Especially with the eclipse coming up, the small one, 4 and what I call the bigger one. But it's really -- 5 that's what I say, a no-brainer on this one. 6 Basically right now with me, oh, about 7 $4,000.00 with West Central Texas Wireless for 8 equipment. And basically, if we go with AT&T it's 9 agreement, it's -- you know, not really a contract. 10 It's an agreement. We sign up. And then basically they 11 provide the phone. It's no 18-months, 24-months. And 12 what happens if you depart and it doesn't work out, you 13 hand them back the phone. It's not like what I'm in 14 right now where I owe $4,000 for equipment and they got 15 me on a three-year contract. 16 The good thing is how I'm going to pay for 17 that. It is a 30 percent increase. That will have to 18 go in my next budget but, you know, I -- what all do you 19 get for that 30 percent? One thing, they'll change your 20 phones out for free. I know what people will think, but 21 for every 18 months they'll change the phones out. Then 22 we get -- like I say, we can get the COW, which is -- 23 you know it's -- we'll probably need during the eclipse, 24 which is a cell on wheels. 25 But like I said, we just -- we can give back 18 1 the phone, but we get a $200 credit. So how am I going 2 to pay for this per line? I have 38 lines at the 3 Sheriff's office, that's 7,200 bucks. So, you know, it 4 takes two months. You have to have service for two 5 months and then the $200 kicks in per phone. It's going 6 to -- in the long run it'll be a wash, $4,000 we paid 7 for that and then I'll have several months' worth of 8 credit. You know, but I will have to up my -- my budget 9 next year. Line item. You know. 10 With all that, I'll answer any questions. 11 Like I said, it's -- I hate to say no strings attached, 12 I know you don't like that, but I really checked into it 13 and I think it's a good deal. And also, Bruce, you 14 know, I don't know his particular numbers but, you know, 15 I know what I owe at this time in equipment. 16 COMMISSIONER HARRIS: Bruce? 17 MR. MOTHERAL: Yes, sir. 18 COMMISSIONER HARRIS: Is this something 19 we -- I didn't realize what -- that our wireless had 20 changed hands. Is this something that we need to look 21 at -- 22 MR. MOTHERAL: Absolutely. 23 COMMISSIONER HARRIS: -- with the rest of 24 the County? 25 MR. MOTHERAL: Yes. And realistically, I 19 1 feel that their level of service has gone down 2 substantially. And if you leave the County or the 3 coverage area and try to come back, your phone won't 4 register. Or if you're out it won't roam. So we've had 5 these issues. 6 COMMISSIONER HARRIS: Okay. 7 COMMISSIONER LETZ: What's our current 8 agreement with -- what was it? 9 MR. MOTHERAL: West Central. Yeah. We -- 10 we would have to pay off the equipment we have, which 11 the $200 per line will do. Same as the Sheriff. 12 COMMISSIONER LETZ: That will be a budget 13 item for you or -- 14 MR. MOTHERAL: Ultimately, for next year it 15 will be, yes. This year I think it will wash out. 16 Pretty close to even. 17 COMMISSIONER LETZ: But I mean when are you 18 going to -- bring it to the Court next meeting or 19 something to do this or -- 20 SHERIFF LEITHA: We're both on the agenda 21 for right now. They just put it to my name. So we're 22 both on. It's why -- and just to -- just to kind of 23 update y'all, you know how salesman are, right? They're 24 going to offer us the latest, greatest, you know, at no 25 charge, which is usually $178, you know, kind of making 20 1 the pot sweeter. 2 But that's why I brought it up before y'all. 3 I don't really know where we go from here. I mean, 4 basically it's kind of an agreement and, you know, we 5 can sign at any time. They're ready to go. You know. 6 COMMISSIONER LETZ: County Attorney, he says 7 it's an agreement not a contract. Do you need to look 8 at it? 9 MRS. STEBBINS: I haven't seen the agreement 10 with them for service yet. But I'm sure that Larry will 11 talk to me once he gets it. 12 SHERIFF LEITHA: Yes. Yes, ma'am. 13 COMMISSIONER PACES: Just curious. Anybody 14 consider PureTalk? 15 MR. MOTHERAL: Doesn't work here. 16 COMMISSIONER PACES: Sorry? 17 MR. MOTHERAL: The cell towers here are 18 predominantly AT&T and West Central Wireless. 19 COMMISSIONER PACES: Okay. Yeah, I mean, I 20 hear them advertised. 21 MR. MOTHERAL: Yeah. Oh, yeah. 22 COMMISSIONER HARRIS: Bruce, I've had it for 23 two years. And it works great. 24 COMMISSIONER BELEW: And I've had it for 25 months now, about six or eight months, and it's fine and 21 1 works good going in and out. Saving money on it. 2 MR. MOTHERAL: Yeah. The main thing that we 3 found with AT&T is it is geared for law enforcement. 4 There's a special band that you get that nobody else 5 will get. And that's part of the whole thing. 6 COMMISSIONER HARRIS: I will say this. The 7 negative with PureTalk is the same as AT&T. I go to 8 Hunt, I have no service. And I didn't with AT&T either. 9 COMMISSIONER BELEW: It's the same tower. 10 COMMISSIONER HARRIS: It's exactly the same 11 tower. So it wouldn't be good for law enforcement at 12 all. Whereas, I went out there -- I -- with my county 13 phone I get services, so -- 14 COMMISSIONER PACES: Yeah, I've got AT&T 15 FirstNet and it still doesn't work very well at all. 16 COMMISSIONER HARRIS: It doesn't work in 17 Center Point. 18 SHERIFF LEITHA: Well, let me -- let me add 19 to that. I should have done this. There's a new tower, 20 it's at year old at Garven Store, and then on May 24th 21 the new tower at Holdsworth for AT&T will be up. I 22 think that's going to answer a lot -- or fix a lot of 23 our problems. May 24th. 24 JUDGE KELLY: Any other discussion? Is 25 there a motion? 22 1 COMMISSIONER LETZ: I mean, do we need to -- 2 COMMISSIONER BELEW: We don't need to do 3 anything, do we? 4 COMMISSIONER HARRIS: Well, I think the 5 County Attorney needs to review it first. 6 MRS. STEBBINS: I think this was just an 7 update today. 8 JUDGE KELLY: Okay. Informational. Very 9 good. Thank you. 10 SHERIFF LEITHA: All right. Thank you, 11 Judge. 12 JUDGE KELLY: Okay. Back to the regular 13 agenda. Item 1.4 consider, discuss and take appropriate 14 action to approve a Resolution authorizing the creation 15 of a Law Enforcement Agency in the Kerr County 16 Attorney's Office, and authorize the Kerr County 17 Attorney to submit the Law Enforcement Agency 18 Application to the Texas Commission on Law Enforcement. 19 Miss Stebbins. 20 MRS. STEBBINS: Yes, Sir. At last budget 21 y'all approved an investigator position, and we have 22 hired Nick Krupa who's here with me today. At this time 23 his commission is being held by Gillespie County 24 Attorney's Office, and the Kerr County Attorney's Office 25 has not had an investigator position or been a law 23 1 enforcement agency in over 20 years. In fact Rusty 2 Hierholzer was the last Investigator for the Kerr County 3 Attorney's Office. 4 So at this time, I ask the Court to approve 5 the Resolution authorizing me to submit application to 6 TCOLE, and authorizing the creation of a new Law 7 Enforcement Agency. 8 COMMISSIONER PACES: I move that we create a 9 new Law Enforcement Agency within the Kerr County 10 Attorney's Office, and authorize the Kerr County 11 Attorney to submit the Law Enforcement Agency 12 Application to the Texas Commission on Law Enforcement. 13 MRS. STEBBINS: Thank you. 14 COMMISSIONER LETZ: Second. 15 JUDGE KELLY: Got a motion and a second. 16 Any discussion? Those in favor say aye. Opposed? 17 Unanimous. 18 MRS. STEBBINS: Thank you. 19 JUDGE KELLY: Thank you. 20 Item 1.5 consider, discuss and take 21 appropriate action to approve a Resolution in support of 22 the River Rock Apartments development. Matt Gilliam. 23 If you would just identify yourself. 24 MS. ENGSTROM Hi, I'm April Engstrom; not 25 Matt Gilliam. 24 1 JUDGE KELLY: All right. 2 MS. ENGSTROM: But he is here with me today. 3 And I think that he's the one who's spoken with you, 4 presenting in front of you guys. It would have been in 5 2020, and then in 2021. I'm sorry we didn't visit last 6 year, but we're here before you again today. 7 Just to back up real quick, I am the 8 Director of Development in Texas. So I oversee all of 9 our Texas developments, you know, threw construction and 10 stabilization. 11 And first I wanted to talk a little bit 12 about Overland Property Group. And then we can talk 13 about the specifics of this deal. 14 So Overland Property Group started in 15 Salina, Kansas. It was 20 years ago, just towards the 16 end of last year. Salina, Kansas is about a town of 17 50,000 people. It's where Matt's from. Our other 18 managing partner, Pat Beatty, is from Salina. I lived 19 there for seven years. You know, I'm from Salina. And 20 working in Kansas we branched out, you know, to other 21 states in the Midwest as well as Colorado and Texas. 22 We can move to the next slide. 23 You know, a little bit about us. We 24 really -- it's our business model to develop our 25 communities and then to continue to own and operate 25 1 them. So we don't develop to sell. We develop to, you 2 know, own and manage these communities and we oversee 3 everything ourselves. The only third parties that we 4 work with are GC's we have worked with also for about 20 5 years. 6 And then we also have an asset management 7 division that works with a third party property manager. 8 But we really are hands-on developers. When I started 9 four years ago, I think there were only four of us 10 employees and then a couple managing partners. We've 11 since grown to -- closer to 17 employees. The point 12 being that we run a small shop. So we like to -- you 13 know, we like to work in these smaller communities 14 because that's what we're familiar with. Those are the 15 communities that we know, that we feel familiar with. 16 And we understand the need as well. 17 You can go to the next slide. 18 We have won a few awards for our work that 19 we're quite proud of. Yeah. I think those speak for 20 themselves. I don't have to list them off. 21 We can go to the next one. 22 I just wanted to give a little overview of 23 our properties. As well as the two developments that we 24 spoke to you previously about, you know, both of those 25 were successful, obviously, and winning tax credits from 26 1 the state agency. And those tax credits, you know, 2 allow us to develop high quality but affordable housing. 3 For those making anywhere between 30 and 60 percent of 4 the area median income. So it's a really neat program, 5 you know, enacted by Reagan in the 80's. Very 6 bipartisan. Seems to be something that everyone can 7 agree on. 8 You know, we all want people to be able to 9 afford to live in the cities that they work in, to 10 afford to live in the cities that they were born or 11 raised in or just live there. So our first development 12 that we were awarded funding for is the Residence at 13 Ridge Hill. That's 483 units of senior affordable 14 housing. Matt and I actually drove the site before we 15 came here this morning and there's, you know, the nice 16 Hardie Board siding is on now. It's really moving along 17 nicely and on schedule. 18 And then the second development we spoke to 19 you about in 2021 is the Reserves at Holdsworth. And 20 that's 36 units of multi-family. And right now this is 21 a -- what you can see here on the screen is if you were 22 on the site. When I first checked out the site after it 23 being cleared, I was really excited to be able to 24 provide views like these for people on more restricted 25 incomes. They are million dollar views. It feels good 27 1 to be able to, you know, put housing in a place that 2 makes sense for people and that feels, you know, special 3 and something that they can be proud of. We want these 4 communities to be a place where people feel happy to be 5 spending their time. 6 So before we move on to the next slide, just 7 real quick. The Residence at Ridge Hill we're looking 8 to open -- it's on track to open this summer. And the 9 Reserves at Holdsworth would be opening, you know, 10 towards the end of the year. Close to October or 11 November. 12 You can go to the next slide. 13 And then we'll try to run through a couple 14 examples of our previous properties as well. This is 15 the Reserves at Steamboat Springs. This is our first 16 development there and we're currently working on our 17 third development in Steamboat. 18 We can go to the next one. 19 This is Lee Lofts where Lee Jeans was 20 started in our hometown of Salina, Kansas. We're 21 actually officed out of that first floor. After knowing 22 that the Historical Commission is here, I would like to 23 meet you guys. One of these days I'll have to stop by 24 and chat with you because I love these historic rehabs 25 so much and it's a personal passion of mine. So this 28 1 one was really cool to see it come to fruition. 2 Going to the next one. 3 And then here's our second Steamboat Springs 4 development, Alpenglow Village, that's multi-family and 5 it was completed in 2018. 6 Go to the next. 7 And then here's The Reserves at Preston 8 Trails in Wolforth. Just a little example of our, you 9 know, club room space that we have, you know, built into 10 all of our developments. We find that it's a really 11 great place for our community members to kind of get to 12 know one another. Get to know their neighbors. These 13 are popular amenities. 14 Going to the next slide. 15 And then here are just a few more photos of 16 our interiors throughout the State of Texas. 17 You can go to the next. 18 And just a couple more. All right. About 19 this development. It's located at 301 Mathison North. 20 And it does straddle the city and county. It's an 21 interesting site for that reason. 22 Go to the next slide. 23 So you can see here, we have only 18 and a 24 half acres to work with. But we would -- we would be 25 working largely within that already-zoned portion of the 29 1 city's land. 2 You can move to the next slide. 3 And we're currently looking at developing 4 anywhere between 25 and 35 units of affordable senior 5 living. As you know, Kerrville has some topography so 6 we're working with our engineers to figure out what 7 makes the most sense. 8 You know, as I said, the building and its 9 landscape as best we possibly can. But this is what 10 we're currently looking at. You know, and when there's 11 a country-wide shortage of affordable housing, you have 12 to chip away bit by bit. And as you know, we first 13 spoke to you in 2020, it's 2023 now. And we're just 14 completing the first community. These things take a lot 15 of time. So it's -- you know, sometimes the unit count 16 seems low. But we feel like it's important to keep 17 chipping away, you know, as best we can. 18 Kerrville has continued to show a lot of 19 demand for affordable housing, both in senior and 20 multi-family. And, you know, I just -- just last week 21 received four calls about the Residence at Ridge Hill 22 asking when it would be available to lease. So we 23 still -- we're just seeing a lot of demand and 24 anticipate that these two communities we're already 25 developing will lease up very quickly. So we're -- we 30 1 feel confident that this would be the same case. 2 Go to the next slide. 3 So this is -- this would be an affordable 4 community. So, like I mentioned, we would have units 5 available for people making between 30 and 60 percent of 6 the area's median income. We're still working on it. 7 We may or may not have the market rate units included. 8 We can go to the next slide. 9 Development amenities. You know, we -- we 10 like to make these places communities and not just 11 apartment buildings. So we really want them to be 12 places where people feel at home, like a place where 13 they want to spend their time. So like I mentioned, we 14 have club houses, we have, you know, perimeter fencing. 15 Oftentimes we'll have dog parks, community gardens. We 16 want to make it a place where you want to be actually. 17 Next one. 18 And then, our unit amenities I think are 19 always really important to talk about. Because people 20 who are unfamiliar often hear affordable housing and 21 they think it will be cheap or not well constructed. 22 But like I said, we don't develop and sell. You know, 23 it's our goal, our hope, our intent to own these 24 buildings for the next 35 plus years. So if for no 25 other reason than that, and then also looking out for, 31 1 you know, the people that call these their home. These 2 places are built to a really high standard. The 3 affordable program, you know, the way the funding works 4 it allows us to build high-quality developments while 5 still charging affordable rent, which I think is 6 something, you know, really cool and special about the 7 program. 8 So you know, we have wood cabinets, we have 9 luxury vinyl tile flooring, we'll have high ceilings. 10 There's nothing that differs about these communities 11 from a market rate development. 12 I think that might be it. 13 Does anyone have any questions for me? I 14 will say -- sorry, I forgot to mention it. So 15 applications are due March 1st. So today, my ask to the 16 Commission is for a Resolution of the Court which would 17 allow us to move forward with our application for 18 funding. 19 COMMISSIONER LETZ: This development, is 20 it -- you said it's senior? 21 MS. ENGSTROM: It is, yes. Yeah. 22 COMMISSIONER LETZ: Do you plan to do any 23 other multi-family? 24 MS. ENGSTROM: Oh, I sure hope so. I know 25 I've talked with the City about this as well. 32 1 Unfortunately, sometimes we are constrained to what 2 scores with the State. But we have worked in Kerrville 3 now, you know, I think Steamboat Springs is the only 4 other place -- Steamboat Springs and Canyon Lake, Texas, 5 we've done two developments. I think this would be our 6 first City to do three. 7 So you know, at this point we feel like we 8 know the City well. We know the market. Our 9 construction team certainly knows what they're working 10 with. Same thing with our asset management department. 11 They have a good understanding of the demands and the 12 market. 13 Point being, you know, that I'd love to come 14 back and do like a four percent bond deal, multi-family. 15 That's something I want to look at. Of course they can 16 never make any promises, but that's something we're 17 certainly interested in. And when you do a bond deal, 18 you have less scoring parameters. You're able to build 19 more units. 20 So this year, senior was what? Scoring 21 could be competitive from a nine percent perspective. 22 But we certainly understand the need and desire for 23 multi-family. 24 COMMISSIONER LETZ: One more thing. Can you 25 explain why you need the Resolution? 33 1 MS. ENGSTROM: Yeah, yeah. No. So we can 2 secure funding eventually. It's a really competitive 3 point base, ground base process. And you need -- you 4 need the County and City's support in order to submit 5 your application and receive that funding. 6 COMMISSIONER LETZ: So you get -- I guess 7 could you explain the program to the public as to why we 8 would do this? 9 MS. ENGSTROM: Yes. Of course. Of course. 10 So the tax credit program, Section 42, I think maybe 11 1986 but don't quote me on that. It was the Reagan 12 enacted program where the Federal Government allocates 13 tax credit funding to the states, and then the states 14 decide and determine how they want to allocate that 15 limited pool of funding that they've been given. And 16 so, it -- because of that it ended up being a very 17 competitive process. 18 So then, you know, developers compete 19 through the application process for these tax credits. 20 We send applications for March 1. On July 27th at the 21 Capitol TDHCA board meeting we find out if we were 22 awarded these tax credits, and then we're able to sell 23 the tax credits to investors and the proceeds from that 24 sale are what fund 70 percent of the development. 25 And then because we can take out a lower 34 1 amount of debt, we can charge affordable rent. And it 2 stays affordable for a 35-year period. And it will 3 always be at those income tiers. The 30, 50, 60 percent 4 income tiers so you're not going to have a situation 5 where, you know, a few years from now we decide we want 6 to go crazy with the rent. It's impossible. And we 7 wouldn't do that anyway. But it's a -- it's a really 8 good program. 9 COMMISSIONER PACES: You mentioned two other 10 apartments, I guess -- 11 MS. ENGSTROM: Yeah. 12 COMMISSIONER PACES: -- developments that 13 you have here in Kerrville? 14 MS. ENGSTROM: Yeah. 15 COMMISSIONER PACES: Are they sold out? 16 MS. ENGSTROM: No, they haven't been yet. 17 Just because it's a little bit premature. But our -- 18 our leasing contact list is quite -- quite long. We're 19 getting, like I mentioned, you know, weekly calls on 20 asking when it's going to be open. 21 COMMISSIONER LETZ: All right. I'll make a 22 motion to approve the Resolution. 23 COMMISSIONER HARRIS: Second. 24 JUDGE KELLY: We have a motion and a second 25 to approve the Resolution for the River Rock Apartment 35 1 development. Any comments? 2 COMMISSIONER HARRIS: Yeah. Just so the 3 people know that this isn't -- they're not asking for 4 County tax abatement, right? 5 MS. ENGSTROM: Correct. 6 COMMISSIONER LETZ: This is Federal funds. 7 COMMISSIONER HARRIS: Exactly. 8 JUDGE KELLY: Well, and -- and allow me to 9 say, thank you very much for coming to Kerr County, 10 coming to Kerrville and help us with this problem. 11 MS. ENGSTROM: Of course. 12 JUDGE KELLY: I served on the affordable 13 housing committee for the Chamber. And I will tell you 14 that the most acute challenge we have in Kerrville right 15 now is affordable housing. And so you are meeting a 16 very important need for this community. 17 MS. ENGSTROM: Thank you. 18 JUDGE KELLY: And very welcome. 19 MS. ENGSTROM: Thank you. 20 JUDGE KELLY: Any other comments? 21 COMMISSIONER BELEW: Just that -- wherever 22 there's -- this is the beauty of America. Wherever 23 there's an opportunity, where there's a need, somebody 24 is going to figure out a way to do it. The plan you 25 just described is not self-evident. Somebody sat down 36 1 and thought it through. Figured it out. Researched it. 2 You have boots on the ground. You got it done. That's 3 the beauty of America, right there, what you just 4 described. And the fact that we don't have to pay 5 anything for this. It's also local need. 6 JUDGE KELLY: Well, and to -- it's a 7 supplemental thing. The City is actually putting 8 together a public corporation as we speak to provide 9 affordable housing with public tax dollars that the City 10 is using to do this. This is being done privately. 11 This is my preferred method of affordable housing 12 financing and to have it done privately. So I'm very 13 pleased about your project. 14 MS. ENGSTROM: Well, thank you. Thank you 15 so much. 16 JUDGE KELLY: So those in favor say aye. 17 Opposed? Unanimous. Thank you. 18 MS. ENGSTROM: Thank you. We really love 19 working in Kerrville. So I -- we appreciate it. 20 JUDGE KELLY: Well, we appreciate you. 21 Next item on the agenda is 1.6 announcement 22 of the Upper Guadalupe River Authority Water Resources 23 Preservation Grant Program. Ms. Bushnoe. 24 MS. BUSHNOE: Good morning, Judge and 25 Commissioners. Thank you for the chance to speak with 37 1 y'all today about our new program that we're announcing. 2 I want to introduce Shelby Taber, she's our Natural 3 Resources Manager at UGRA and she's going to be the 4 point of contact for this program. I do have some 5 slides, but we can get them up in a minute. 6 So this is a program that within our board 7 of directors, our watershed stewardship committee wanted 8 to find a way that we could have a roll in incentivizing 9 low impact development practices in the community. 10 Let's go to the next one. 11 These -- as a way to reduce storm water 12 pollution from runoff. 13 Next slide. 14 So low impact development is an approach to 15 planning and engineering that manages storm water. You 16 know, cities have grown. Over the years, we outgrow the 17 traditional conveyance system. As rain hits the roof, 18 goes into the downspout, out into the gutter along the 19 side of the road, into the storm drain, into our creeks 20 and streams. And as communities grow and you have more 21 runoff, that can exacerbate pollution in your rivers and 22 streams and also really intensify those flash flood 23 peaks that we already are prone to naturally in our 24 area. And the design is really to have runoff be held 25 as close to where the rain falls as possible and having 38 1 those properties function to absorb water that then can 2 be a source in the future as well. Examples are 3 bioretention, things like rain gardens and vegetative 4 swells off of filter strips and rainwater collection. 5 And then pervious surfaces like pervious pavers. 6 Next side. 7 So again, those benefits are to treat runoff 8 as close to where rainfall is possible and some of the 9 primary pollutants that can be mitigated through these 10 practices are total suspended solids, which is sediment, 11 which can lead to clouding in your rivers and streams 12 and also bacteria. And again, these examples in the 13 community can just serve as education resources. 14 Someone might look at a parking lot that has a runoff 15 retention area, a vegetative strip, and say, oh, maybe 16 that's something I can implement in my home or in my 17 business as well. So we wanted to just create kind of 18 the expectation and additional examples in the community 19 about how these places can be built. 20 Next slide. 21 So our program will provide monetary rebates 22 for design and construction of these stormwater best 23 management practices that are to reduce and infiltrate 24 and delay stormwater runoff. They're open to new 25 construction or retrofitted existing property. And the 39 1 practice would be to solve the design and construction 2 of some technical design guidance that we are providing 3 with the program. They would be scored against a rubric 4 so that we would make sure that they would meet the 5 goals of our program. And those rebate funds will be 6 paid after completion of the project and when a 7 commitment to ONS has been made. Because sometimes 8 these are not your normal landscaping or your normal 9 building practices and they aren't necessarily going to 10 be more onerous to maintain, but just different. And so 11 we want to see that there's a commitment in 12 understanding to know how to main a rain garden over 13 time. 14 Next side. 15 In order to be eligible, projects must be 16 located in Kerr County. Any type of entity, public or 17 private, is eligible but we're not going to be funding 18 projects at a single family home. And they would need 19 to be more than $20,000.00 of the rebate amount. So if 20 someone wants to put in one small rainwater catchment 21 system, for example, we actually do have some great 22 programs incentivized rainwater catchment, but that's 23 not this one. 24 Next slide. Thank you. 25 So this is what the best management 40 1 practices, these LID or nature-based infrastructure 2 practices look like. You might have a new parking lot. 3 The drainage naturally goes to a certain corner. So 4 then you have curb cuts in that section and then the 5 runoff would go into a landscaped area that is layered 6 with different infiltration materials, gravel, mulch, 7 compost, and plants. And that runoff will soak down in 8 there instead of it going into a culvert into the storm 9 drain system. And then permeable parking spots are 10 somewhat less durable than our traditional parking 11 spaces so where maybe you might not have your entire 12 parking lot with these, but with your lower less used 13 ones further from the building could be made to 14 infiltrate the rainfall that comes off. 15 And a rainwater harvesting. We have a lot 16 of great examples in the community, including over at 17 the Youth Event Center of rainwater harvesting. And 18 filter strips are areas within a parking lot that just 19 provide additional infiltration area. So you might be 20 sacrificing a few parking spaces in order to install 21 these types of practices, but definitely benefits to 22 reduce runoff and to water quality. 23 Next. 24 It was also the goal of the committee to 25 incentivize a way to protect riparian areas for 41 1 properties that were along a river or creek. And these 2 are a little bit different concepts than those 3 structural practices that I just mentioned, and so they 4 are going to be scored a bit differently for this 5 program. I really see it as a stream side property 6 might be doing several of those other practices but also 7 rainwater -- but also riparian preservation, because it 8 isn't necessarily something that costs money to get the 9 rebate for. But those projects would definitely be 10 scored higher if they had riparian preservation as part 11 of them. And so what we're looking for is a 30-foot 12 buffer from the waters edge that is about 85 percent of 13 that total stream side area. So if your property had 14 100 feet of waterside of stream side bordering a 15 waterway, 85 of that would be within the buffer, and 16 then you might have 15 feet that you are using as a 17 targeted access point like as shown in that picture on 18 the right, where you have an access point into the 19 water. 20 So our selection process, we're going to 21 accept applications year round. And they would include 22 a narrative of the project. I will say that we are 23 asking for a lot of information for those applications. 24 And normally these projects are going to be working with 25 professionals in bio-teams so we see this is something 42 1 that they'll be able to achieve within the professionals 2 that they have assembled already for these types of 3 projects. Also include a technical drawing and a 4 treatment worksheet. Just that shows calculations of 5 how the runoff is going to be reduced by having these 6 practices installed. Again, we're using a rubric to 7 score them and there must be a minimum score in order to 8 be eligible. 9 Next slide. 10 We have -- in -- all of this material, the 11 application, the guidelines, examples, as well as that 12 rubric and the treatment worksheet, on our website and 13 Shelby is the point of contact for the program and her 14 information is also on the website. 15 And we have -- we've made a flier, maybe if 16 we could share them with you, that summarizes the 17 program and directs people to these resources online. 18 And I'd love to share them with your department and, if 19 it's okay, I'll drop them off with Charlie Hastings. So 20 when he is talking with developers, maybe during 21 preliminary conversation, he could share the flier with 22 them and that just directs them to UGRA for additional 23 information. 24 So thank you, again, for the opportunity to 25 share this program with you and with the community and 43 1 if you know of a project that's eligible, please just 2 send them our way. We're happy to answer any questions. 3 COMMISSIONER PACES: I've got a question, 4 Tara? 5 MS. BUSHNOE: Yes, sir. 6 COMMISSIONER PACES: What sort of incentive 7 programs do you have for rainwater harvesting for 8 individual residences? 9 MS. BUSHNOE: We have a 500 -- up to a $500 10 rebate. So it's 50 percent of the amount that's spent 11 on the equipment up to $500.00. And you can be eligible 12 for it once per calendar year. So if you do a tank in 13 one year, you could get the rebate and then say you add 14 to your system then the next year you could get 15 additional rebate. 16 COMMISSIONER PACES: Okay. And any 17 possibility of getting something bigger? Particularly I 18 would like to encourage new developers or -- or 19 developers with new developments to consider and, you 20 know, perhaps on a voluntary program but any new 21 development if we can encourage rainwater harvesting -- 22 MS. BUSHNOE: At the individual -- 23 COMMISSIONER PACES: -- versus ground water, 24 you know, that would be very beneficial. 25 MS. BUSHNOE: I certainly understand that. 44 1 For years we had a large rainwater system incentive 2 program that was up to $5,000.00. We really -- you 3 know, since UGRA is funded by taxpayer dollars we -- our 4 goal is to have our projects also be demonstration to 5 the community and it was tough for us to find with 6 putting those systems in at single family -- at, you 7 know, private residence for them to also have that 8 demonstration aspect. 9 And so we do also have a grant program that 10 is for public entities and also businesses that can be 11 up to $15,000 for rainwater catchment, but not for 12 individual homeowners any longer. 13 JUDGE KELLY: Like a homeowners' 14 association? 15 MS. BUSHNOE: I suppose we could look at it. 16 Yes, if it's a -- that -- those -- that might be 17 eligible. Those are like the clubhouse, for example. I 18 think we'll have to look. I think that one could be 19 eligible, yeah. 20 COMMISSIONER HARRIS: There's things that 21 would be worthwhile for like our apartment builders. 22 MS. BUSHNOE: I shared this flier with them, 23 yes. It was serendipitous, I agree. 24 JUDGE KELLY: Well, thank you very much. 25 You're always welcome. We're very proud of our 45 1 partnership with UGRA and you're welcome anytime. 2 MS. BUSHNOE: Thank you very much. I 3 appreciate it. Have a great day. 4 JUDGE KELLY: Next item on the agenda is 1.7 5 consider, discuss and take appropriate action to accept 6 donations totaling $585.00 for the month of January 7 2023, to be added to the operating expense line item 8 10-642-330. Reagan Givens. 9 MR. GIVENS: Yeah. Good morning. This is 10 in your backup, you'll see the particular donations for 11 January. One in particular I just wanted to recognize 12 in court was one was made in the memory of John Kissick. 13 And we appreciate it. 14 COMMISSIONER LETZ: Make a motion we accept 15 the donations. 16 COMMISSIONER HARRIS: Second. 17 JUDGE KELLY: We've got a motion and a 18 second to approve and accept these donations as 19 presented. Any discussion? Those in favor say aye. 20 Opposed? Unanimous. 21 Item 1.8 consider, discuss and take 22 appropriate action to transfer the equipment from 23 Constable Precinct 4 to Road & Bridge Department. 24 Constable Rider. 25 CONSTABLE RIDER: Good morning. As you 46 1 know -- you may not know -- but I got a new truck. 2 COMMISSIONER HARRIS: Well, the new one's 3 supposed to come considering your project. Well, 4 anyway. 5 CONSTABLE RIDER: And -- and we're moving 6 items from the old truck to be placed on the new truck. 7 You know, went from Dodge to Chevrolet but there's a 8 headache rack. There's a tool box. There's a 9 directional bar and the control for that directional 10 bar. I asked around other County entities and Road & 11 Bridge like almost mugged me for it. So we just want to 12 transfer that to them and they can use it. 13 COMMISSIONER HARRIS: I move for approval. 14 COMMISSIONER BELEW: Second. 15 JUDGE KELLY: Got a motion and a second to 16 approve transferring the equipment from Precinct 4 to 17 Road & Bridge. Any discussion? Those in favor say aye. 18 Opposed? Unanimous. 19 CONSTABLE RIDER: Thank you. 20 JUDGE KELLY: Thank you. Item 1.9 consider, 21 discuss and take appropriate action to select 22 engineering service providers to complete project 23 implementation for engineering services pertaining to 24 the Veterans' Pathway Sidewalk project with the 25 allocation of the American Rescue Plan Act funding. 47 1 Ms. Putnam. 2 MS. PUTNAM: The selection review committee 3 met on the 22nd, all members were attending, and we 4 reviewed and scored the request for qualifications that 5 we had received. We received five of them. And we 6 would like to come forward with a recommendation of 7 Mendez Engineering, and they are located San Antonio, 8 Texas. And I'll answer any questions if you have any 9 specifics? 10 COMMISSIONER PACES: And I move that we 11 accept the recommendation to the award of contract for 12 engineering services to Mendez Engineering. 13 JUDGE KELLY: I'll second that. 14 COMMISSIONER LETZ: Second. 15 JUDGE KELLY: Okay. Got a motion and a 16 second. Any discussion? Those in favor say aye. 17 Opposed? Unanimous. 18 COMMISSIONER LETZ: Noel, we -- have we 19 checked with this company at all? I mean, have we done 20 any -- 21 MS. PUTNAM: I'm sorry? 22 COMMISSIONER LETZ: Did y'all do any -- 23 well, check their references? 24 COMMISSIONER PACES: They submitted -- 25 COMMISSIONER LETZ: No, I saw that. 48 1 COMMISSIONER PACES: -- that with their 2 package. 3 MS. PUTNAM: Yes. They had letters of 4 recommendation. Primarily for this particular one from 5 the City of San Antonio. They've done some extensive 6 work in sidewalks, which is basically what our project 7 is. All of the engineers that -- every single one of 8 them were more than overly qualified for this type of 9 project. And the committee came to a consensus that 10 this would be the best option out of the ones that we 11 were able to actually score. 12 COMMISSIONER LETZ: Okay. Thank you. 13 MS. PUTNAM: Thank you. 14 JUDGE KELLY: Very good. Next item on the 15 agenda is 1.10 discussion regarding the use of the Hill 16 Country Youth Event Center for the eclipse resource 17 storage and other uses. 18 And I put this back on the agenda. And 19 Jake, I'm glad you're here to advise us. 20 Those of us that are working on the 21 preparations for the total eclipse, the annular eclipse 22 is not going to be near as gruesome as the total 23 eclipse, but we're expecting 150,000 people to come to 24 this County, in addition to those of us that are here. 25 So it's pretty daunting. And we're looking to store -- 49 1 at this time we need to store pallets of water, and 2 start accumulating those. And we want to distribute 3 them around the county, but we certainly need to have 4 one central place. 5 And we're looking to try to get the Hill 6 Country Youth Event Center to be the -- a commitment for 7 them to be the headquarters for this eclipse event. And 8 quite frankly, as we've discussed, any events that you 9 might consider putting on at the Youth Event Center 10 during the eclipse will not happen. We're talking about 11 it's going to be total congestion out there, on the 12 freeway, the streets, everywhere. So what we're looking 13 for is can we count on the Event Center being available 14 for Emergency Management during the eclipse. 15 MR. WILLIAMSON: Thank you. Absolutely. 16 You know, the Youth Event Center is the County emergency 17 evacuation point, you know, it's all those things. You 18 know, since we knew the eclipse was coming a few years 19 ago, we've been in discussions with many groups and what 20 I'm going to ask for is direction from y'all for how 21 much you -- you want us to hold back. 22 So in essence, we know that Monday's out. 23 School's canceled. That is a specific day. Do you want 24 anything going out there? You know, we're being -- 25 we're asking for just advice or guidance. 50 1 JUDGE KELLY: The Emergency Management Team 2 that Dub and I have been meeting with, and Rich was 3 there last time, and we met with various churches. 4 We're trying to get this disseminated so it's not all in 5 one place. And what we're looking at is the discussion 6 started with saying, well, we oughta plan on three days. 7 And I think by the time we left there we're saying at 8 least probably five days. 9 We're probably looking at Thursday, Friday, 10 Saturday, Sunday, Monday and -- and probably be Monday 11 and Tuesday, and we'll get them all out of town by 12 Monday afternoon, I think. Yeah. So we're looking at 13 probably about five days. So run up to the weekend, the 14 weekend and Monday -- well, by Tuesday we're probably 15 not going to be using the Event Center other than just 16 to vacate. 17 MR. WILLIAMSON: So you're asking for the 18 entire campus for those five days with -- to be 19 completely blocked out for -- 20 JUDGE KELLY: Not necessarily the entire 21 campus, but what we're looking for right now is the 22 ability to store -- to accumulate and store pallets of 23 water that we're going to need. And so we look at the 24 indoor arena as a place that we oughta -- we think we 25 oughta be able to find a place to be able to store that 51 1 so that it's out of the way between now and then. But 2 then for the actual management itself, we probably do 3 need the -- the building part to headquarter and 4 coordinate emergency services countywide. 5 MR. WILLIAMSON: So that would be -- 6 COMMISSIONER LETZ: When -- when you say 7 indoor, you mean the show barn. You don't mean the air 8 conditioned part, of course, you mean the show barn 9 part. 10 JUDGE KELLY: Right. For storage, yes. 11 MR. WILLIAMSON: The dirt anterior arena and 12 the concrete floor. 13 JUDGE KELLY: But in terms of that weekend 14 and that Monday, we will probably be bringing in fire 15 department, police department, the Sheriff's office. 16 Everybody is going to be headquartering out of the Youth 17 Event Center itself. 18 COMMISSIONER LETZ: Is this for both 19 eclipses? 20 COMMISSIONER HARRIS: Well, when is the 21 first one? 22 COMMISSIONER PACES: That's -- 23 COMMISSIONER HARRIS: It's -- 24 COMMISSIONER PACES: -- well attended so -- 25 COMMISSIONER HARRIS: And that's good 52 1 because it can be a trial run. 2 COMMISSIONER PACES: Exactly. 3 JUDGE KELLY: That's what we're 4 contemplating. We're going to learn how to do this on 5 the first one. 6 COMMISSIONER LETZ: Jake, do you actually 7 have it rented for one part of that time? 8 MR. WILLIAMSON: The -- which eclipse? 9 COMMISSIONER LETZ: The first one. 10 MR. WILLIAMSON: The annular eclipse, yes. 11 We have the Texas Hill Country Fly Fishers. And I 12 believe that's a swap meet weekend. But the indoor 13 arena is, of course, available and classroom spaces can 14 be made available as well. 15 JUDGE KELLY: And I don't -- I don't foresee 16 that being a problem for what we're talking about. 17 COMMISSIONER BELEW: You're not going to 18 want to be inside to watch an eclipse so. Whatever he 19 has going on inside shouldn't be an issue. You need 20 storage space for water. 21 COMMISSIONER HARRIS: Exactly. 22 COMMISSIONER HARRIS: There has been some 23 discussion, I think, as far as charging for parking out 24 there, like around the arena, outdoor arena. 25 COMMISSIONER BELEW: It would be nice to see 53 1 some revenue generated. 2 COMMISSIONER HARRIS: Exactly. Yeah. 3 MR. WILLIAMSON: It's a choice of the Court. 4 There's -- we've done this in many other cities. It's a 5 huge revenue boost, but it's up to y'all for what you 6 deem you want public safety and held back as well. 7 COMMISSIONER PACES: I think it bears a 8 little further discussion. I could kind of see some 9 concession sales going on out there just to serve the 10 public. You know, all the -- all the restaurants and 11 other places are going to be out of business so to speak 12 or chalk full. But -- 13 COMMISSIONER LETZ: So you're talking about 14 like letting food trucks come out? 15 COMMISSIONER PACES: Yeah. 16 COMMISSIONER HARRIS: Out by the outdoor 17 arena I think would be perfect for something like that. 18 COMMISSIONER BELEW: Just like during the 19 rodeo. 20 COMMISSIONER PACES: They would need to plan 21 well in advance and make sure they're stocked up 22 because getting in and out is not going to be easy. But 23 if you can get it all in there, I'm sure they will sell 24 out, too. 25 COMMISSIONER HARRIS: Of course, y'all -- 54 1 your committee's been looking at all this. I mean, I'm 2 wondering where are all these port-a-potties coming 3 from? 4 JUDGE KELLY: Well, we -- we're working hard 5 to try to get some more in here -- 6 COMMISSIONER HARRIS: Yeah. 7 COMMISSIONER LETZ: The other thing -- 8 JUDGE KELLY: -- but they're not available. 9 COMMISSIONER PACES: You have to go talk to 10 some of the counties that are a little further away. 11 COMMISSIONER HARRIS: Exactly. A couple 12 hundred miles. 13 COMMISSIONER PACES: Yeah. 14 COMMISSIONER LETZ: The other thing is that 15 we have, how many RV stations out there we can rent? 16 MR. WILLIAMSON: 32 with water. 17 COMMISSIONER LETZ: That's a -- 18 MR. WILLIAMSON: Why not? 19 COMMISSIONER LETZ: Yeah. 20 MR. WILLIAMSON: Of course. 21 COMMISSIONER LETZ: I mean, I think it needs 22 to be coordinated as to, you know, almost get a plan of 23 the facility and let the committee figure out what's 24 blocked off and what isn't. 25 JUDGE KELLY: Well, we need to fold you into 55 1 this discussion, Jake. 2 COMMISSIONER HARRIS: Exactly. 3 MR. WILLIAMSON: Yeah. And we've -- we've 4 been discussing for years. And we haven't really fully 5 set that up, and I apologize for not leading that 6 charge. 7 JUDGE KELLY: I'll talk with Dub and we'll 8 make sure that you're invited to the next meeting. We 9 meet, what, the last Wednesday of the month or 10 something? 11 COMMISSIONER PACES: I think it is. 12 JUDGE KELLY: Something like that. I'll get 13 that information to you. 14 MR. WILLIAMSON: I would have one more 15 caveat to add to that. Just as a note, since we didn't 16 pass the bond, we do not have a loading dock. We do not 17 have government-sized pallet jacks to unload a semi full 18 of water. We had that FEMA water, we learned last time 19 with the 2021 freeze that we had to call the fire 20 department to have enough manpower to drag pallets 21 around. 22 So I would like that to be known, that we 23 could probably alleviate that by just buying a different 24 pallet jack which I can -- which I can do and then we 25 can forklift it back. But we do not have a loading dock 56 1 at the facility. 2 JUDGE KELLY: All the more reason for you to 3 sit in on these meetings. 4 COMMISSIONER LETZ: The second event, is 5 there anything scheduled then? 6 MR. WILLIAMSON: I do have a local group 7 that put down a deposit to do a banquet in the Expo Hall 8 Saturday night. I -- I can't say if they're going to 9 pull it off or not. But there have been talks. And 10 then I haven't contracted anybody else. We do have a 11 lot of, of course, interest in it. You know, renting 12 the parking lot. Even the City has reached out, because 13 there's no parking for all these people. And they know 14 that. 15 So we just want to make sure that we hold 16 back and -- and have the guidance of the Court of what 17 you would like to see revenue wise. We know it's a 18 ballet. We know it's compromising this way and that, 19 so -- 20 JUDGE KELLY: Well, I think it would be 21 helpful to us if -- if you sit down with your folks and 22 came to us with some recommendations and plans that we 23 can look at on how to do this. And we certainly want to 24 fold you into what the City and the County are doing, 25 but this is going to have to be a very tightly 57 1 coordinated effort. 2 COMMISSIONER PACES: I'll be happy to 3 liaison with Jake and come up with one. 4 COMMISSIONER LETZ: Another thing. The 5 planning across the street from that is our little 6 league fields. That do not have real secure access. 7 And people are likely to just want to see an open spot 8 and drive across. And maybe want to look at temporary 9 fencing or -- because it's going to be in the middle 10 of -- the first one -- well, the second one is in April, 11 right? 12 JUDGE KELLY: Right. 13 COMMISSIONER LETZ: That's in the middle of 14 Little League season also. So it's just something to 15 look at for both of them. 16 MR. WILLIAMSON: Flat Rock Park is -- 17 COMMISSIONER LETZ: So they won't be able to 18 park them -- just pull off the road and park there, or 19 do we want to try to put up a temporary fence so people 20 can't get into that facility? 21 JUDGE KELLY: Well, some of the 22 conversations that we're having is people just stop. 23 We're -- we're expecting them -- on 39 we're truly 24 expecting 39 to be completely shutdown with people just 25 sitting in the highway. 58 1 COMMISSIONER LETZ: Jackie has her hand up. 2 MRS. DOWDY: As far as the committee, 3 would -- is there someone from Peterson medical and then 4 also maybe the Kerrville State Hospital? Is there 5 somebody -- 6 JUDGE KELLY: Well, the State Hospital's not 7 there, but Peterson is. We can get the State Hospital. 8 MRS. DOWDY: I think that would be -- they 9 have a storage facility for their own needs but they 10 might have equipment. 11 JUDGE KELLY: We had, what, 25 or 30 people 12 there last time. I mean it's well represented. But 13 we're going to save you a seat at the table. 14 MR. WILLIAMSON: Thank you. 15 JUDGE KELLY: Let's take our morning break 16 and come back in five minutes. 17 (Recess.) 18 JUDGE KELLY: Court will come back to order. 19 We will go to Item 1.11 consider, discuss and take 20 appropriate action regarding water availability study 21 when platting within an existing CCN. Commissioner 22 Belew. 23 COMMISSIONER BELEW: Okay. This stuff keeps 24 coming up with replats and things and it has to do with 25 our subdivision rules and it has to do with our -- with 59 1 Model Subdivision Rules and also with water 2 availability, obviously if you're going to have a study. 3 But when you replat, you don't necessarily need a study, 4 especially if you're in somebody else's CCN. And it's 5 clear to me that -- 6 JUDGE KELLY: Explain CCN so for those that 7 don't -- 8 COMMISSIONER BELEW: CCN is a -- is it 9 conveyance and convenience -- conveyance of convenience 10 necessity, meaning basically they have rights to the 11 water. And I always forget which word comes first 12 but -- 13 JUDGE KELLY: Certificate of convenience -- 14 COMMISSIONER BELEW: Certificate of 15 convenience and necessity. So -- 16 COMMISSIONER HARRIS: That's clear as mud. 17 COMMISSIONER BELEW: Right? It doesn't mean 18 anything to you so everybody says CCN and you've got a 19 licensed water area. A license to sell water. So 20 within the license to sell water -- and I talked to 21 Headwaters about this. They're mapping all of it so 22 that they can keep a really good idea on, for example, 23 I'm going to use Kerrville South as an example. And I 24 think -- and for two reasons. It's going to come up 25 more there, likely, because there are some odd-shaped 60 1 lots and plots of land and so on. 2 As long as -- as there's nothing below 1.97 3 acres, the equation will work out. And eventually 4 some -- what they do is they say, okay, per tap you have 5 430 gallons a day for household, and that's for regular 6 households. For a mobile home park it's 250. For RV 7 it's 75. 8 And so it oughta be a simple math equation 9 how many people can be in that CCN. And you don't need 10 a water study if there's already a license to sell that 11 water in that area and the license -- the water is 12 available. So it is an extra burden on the taxpayer. 13 It's a silly rule if we implement it, if we enforce it. 14 And I just want us to discuss it and think about another 15 way to do it. 16 The one thing we've talked about during the 17 subdivision rules meetings was that you get a letter 18 from the water provider that says for 30 years they're 19 going to provide water for all these people in the CCN. 20 COMMISSIONER LETZ: Well, you have to do 21 that anyway. 22 COMMISSIONER BELEW: You have to do that 23 anyway. But you're adding people to it within the -- 24 and so that changes the number and what they can bring 25 to you. So -- 61 1 COMMISSIONER LETZ: I think we go -- that's 2 why I got this -- and I brought it up and brought it up 3 and brought it up. 4 COMMISSIONER BELEW: I know. I know. 5 COMMISSIONER LETZ: It's a problem. 6 COMMISSIONER BELEW: I know you did. And we 7 talked about it. And honestly, I thought we had 8 resolved it at one point and we didn't. 9 COMMISSIONER LETZ: No. 10 COMMISSIONER BELEW: So it continues to come 11 up. Now, Charlie is -- it's his duty to enforce the 12 rules and remind people that you can't do this. If we 13 have Model Subdivision Rules ruling us because we have 14 grant money that's -- you know, that we have taken, 15 we've got to -- we've gotta have a work around that 16 makes sense for the citizens of Kerr County. 17 So when I talked to Gene over at Headwaters 18 about this, and Monica, they are in the process of 19 mapping all of the local CCNs so that they know exactly 20 how many people -- it'll -- it'll end up. Because all 21 of our subdivision rules are tied to water availability 22 anyway. So it's going to end up that they're going to 23 be the final word anyhow. And they're going to say at 24 some point, there can be no more straws in the -- or 25 nobody else in this CCN because they can't provide more 62 1 water based on what they're able to draw. 2 So I -- my suggestion is that we change our 3 subdivision rules so that it reflects that. So that 4 instead of some citizen having to pay God knows how much 5 it is today to have a water availability study because 6 they've replatted a little piece of property that was 7 eight or ten acres or 20 acres or less, that -- that we 8 get a letter from the water provider on their behalf 9 saying yes, we can take three more lots in this CCN and 10 everybody gets their 430 gallons of water that they're 11 supposed to get. 12 Because for somebody to go in and have a 13 test well in Kerrville South over here because they want 14 to change their plat line or have a family conveyance of 15 land, that's just crazy. It's crazy. And it's really a 16 heavy burden on the taxpayer and that we shouldn't be 17 doing that. 18 COMMISSIONER LETZ: And there's another 19 issue to it. I'm not sure you can legally drill a well 20 in a CCN. 21 COMMISSIONER BELEW: Well that's just it. 22 You can't. You really can't. That's the other part of 23 it. So they're between the dog and the fire plug. The 24 guy that just wants to move his property line so his kid 25 can have it. So according to Headwaters, anything that 63 1 is at least 1.97 acres basically should be exempt from 2 this. 3 COMMISSIONER HARRIS: Well, then are you 4 proposing an amendment to -- 5 COMMISSIONER BELEW: Well, I wanted all of 6 us to discuss it and hear the input and then I'll make 7 my amendment. If somebody has a better idea, I'm always 8 open for that. 9 JUDGE KELLY: Well, I'm looking to Charlie 10 to look into it, visit with Gene, and come back and give 11 us a report. 12 COMMISSIONER BELEW: Well, I'm here because 13 Charlie and Gene can't get along. 14 (Laughter.) 15 MR. HASTINGS: That's not true. We get 16 along fine. 17 COMMISSIONER BELEW: It's not in power. I 18 don't mean personally. But the rules are like this. 19 And Gene agrees with this, that we have to do something 20 different for -- for the citizens of Kerr County. 21 COMMISSIONER HARRIS: Common sense deal. 22 COMMISSIONER BELEW: Make a common sense 23 deal. But Charlie is bound to -- to these rules and -- 24 as a County Engineer. So that's why I'm bringing it up 25 because somebody has to intervene. 64 1 MR. HASTINGS: If I can take the podium -- 2 COMMISSIONER BELEW: Go ahead. 3 MR. HASTINGS: -- I can tell you all my best 4 understanding, okay. 5 COMMISSIONER BELEW: And I'm not saying that 6 you're at an impass, but they are at an impass. 7 COMMISSIONER HARRIS: You're going to make 8 it clear that you're no longer king, right? 9 MR. HASTINGS: Well, the rules are -- are at 10 an impass for some folks. It's the rules. 11 COMMISSIONER BELEW: Right. 12 MR. HASTINGS: And my job is to make sure 13 that we follow the rules. Period, the end. Our rules 14 right now say that you do water availability whether 15 you're under the model subdivision regulations or not, 16 with the exception of if all the lots are more than 20 17 acres. If there's between one and -- or up to ten lots 18 that are all five plus acres, you don't have to do a 19 water available study there. 20 But if -- as soon as you have a subdivision 21 that's 11 or more, you know, unless you're bigger than 22 20 acres with every lot you have to do a water 23 availability study. 24 And then the third exception is if you're in 25 a -- an existing subdivision and you're doing a replat, 65 1 and you're bigger than five acres with that lot that's 2 the replat, and you're already being served by a water 3 provider, then you don't have to do a water availability 4 study. Those are the three exceptions. 5 Now my understanding about a water 6 availability study is that it's the math and the science 7 put together by an engineer or the geoscientist that 8 takes data from a well, whether it's existing or has 9 just drilled it, but -- and the problem is, that if you 10 have already got an existing system, they're -- they're 11 counting on that water to go up into a tank and serve 12 people. 13 So my understanding it's very difficult to 14 run this test while everything's still in service. You 15 may have to drill another well in order to -- you know, 16 one close by, in order to do the test. So that's the 17 problem with some of these. But that's what a water 18 availability study -- it says this is how much water we 19 think is down in the aquifer. And it's my understanding 20 from Headwaters that nobody has done that in this County 21 except one developer. 22 COMMISSIONER BELEW: One developer. And -- 23 and Headwaters. So there are two wells. 24 MR. HASTINGS: That's it. 25 COMMISSIONER BELEW: And now we're asking 66 1 people to do something that nobody else has done really. 2 MR. HASTINGS: Well, in existing systems. 3 But we have also been told by Headwaters -- so I -- I 4 want to be careful we don't just adopt a rule that says, 5 well, if you're an existing CCN you don't have to do 6 anything, we have existing CCNs that are -- Headwaters 7 says they're maxed out already. 8 COMMISSIONER BELEW: That's the point. And 9 that's the point I'm making. 10 MR. HASTINGS: Right. 11 COMMISSIONER BELEW: Up until a certain 12 equation, we can continue to add in. They're going to 13 maintain those numbers. 14 MR. HASTINGS: Okay. 15 COMMISSIONER BELEW: They may reach a point 16 where they say you can't put anymore in here. But right 17 now they're not there. So if -- all of our rules now 18 Headwaters has a say in any of our subdivision rules 19 based on water available already. This one was 20 overlooked, as Commissioner Letz said, we tried to get 21 something done and didn't. It got overlooked. 22 You have what you're -- you're duty bound to 23 stick with the subdivision rules and to enforce them. 24 We have something here that fell through the cracks 25 that's not good for the citizens, and all the law is -- 67 1 should -- should be good for the citizens of Kerr 2 County. Any rules we have. 3 MR. HASTINGS: Sure. 4 COMMISSIONER BELEW: They foot the bill. 5 It's for their better enjoyment of life and their 6 property. So we have to fix this. 7 COMMISSIONER LETZ: I'd recommend though, 8 rather than -- you can make a motion if you want. But 9 rather than try to cure it today, get something written 10 as an addendum and bring it back at our next court. 11 COMMISSIONER BELEW: Yeah. That's fine with 12 me. To have it -- 13 JUDGE KELLY: Sure. 14 COMMISSIONER BELEW: -- we can do it as a 15 Court Order. I don't care how we do it, but -- but it 16 needs to be fixed. Do you agree? 17 JUDGE KELLY: I agree. 18 COMMISSIONER HARRIS: Thanks for bringing it 19 up. 20 MS. STEBBINS: You're going to need to post 21 it and -- at the last Court meeting that we had, y'all 22 had three addendums to the rules already. And so there 23 was a public hearing held. Will this one be a takings? 24 Do you have to take a takings impact assessment? I 25 think there are other questions before you're -- 68 1 COMMISSIONER LETZ: This wouldn't be a 2 taking, this would be an untaking. 3 COMMISSIONER BELEW: This is -- exactly. 4 MRS. STEBBINS: Okay. 5 COMMISSIONER BELEW: Because it's a taking 6 as it is. Right now. 7 MRS. STEBBINS: So -- 8 COMMISSIONER BELEW: That's what we're 9 trying to cure. 10 MRS. STEBBINS: So I would do a public 11 hearing and another public notice. 12 COMMISSIONER BELEW: Then I'll move that we 13 have a public hearing on this. 14 JUDGE KELLY: At the next -- I mean, I 15 understand you say that there's -- something slipped 16 through the cracks, but we need to have it articulated 17 and quantified as to what we're dealing with. 18 COMMISSIONER BELEW: Well, that's what 19 Jonathan is talking about. We'll put it together so 20 everybody understands what it is. And I agree with 21 that. 22 MR. HASTINGS: I'll visit with Headwaters 23 and get this quantified that we can put it in front of 24 you and you can understand it. 25 JUDGE KELLY: Okay. You know what I need, 69 1 Charlie. Right? 2 MR. HASTINGS: Okay. Yes, sir. 3 COMMISSIONER LETZ: We need to have an 4 addendum. We adopted a format for doing these. We need 5 to follow the format we adopted at our last meeting, 6 which you're right, that is having a public hearing. 7 And then, after we do that, adopt it. But we have to 8 have a page that says what we're actually doing. 9 COMMISSIONER BELEW: Exactly. So that's 10 what we're going to get to. Now, my recommendation in 11 that is that we just with this, the same as we've done 12 everything else, follow the guidelines of Headwaters. 13 And they're in the process of mapping all of these and 14 they have a formula. So we adopt that formula and make 15 life easy for everybody. 16 JUDGE KELLY: Sure. 17 COMMISSIONER LETZ: Yeah. 18 JUDGE KELLY: How about we have a workshop 19 with Headwaters to get this whole thing articulated? 20 COMMISSIONER LETZ: I don't think we need a 21 workshop. I think we just need to get it written down 22 on paper and -- 23 COMMISSIONER BELEW: Yeah. We -- I mean 24 they're supposed to -- I got the formula right here. So 25 it's a real easy matter of putting it together. And if 70 1 you want to have a workshop, we can have a workshop. 2 COMMISSIONER LETZ: We don't need anymore 3 workshops. 4 MRS. DOWDY: Your motion was to set a public 5 hearing. Did you have a particular date, or did you 6 want to have the workshop and -- 7 COMMISSIONER LETZ: I think we need to get 8 the -- 9 COMMISSIONER PACES: The language. 10 COMMISSIONER BELEW: I'll -- I'll rescind 11 that. What I want to do is have -- have something to 12 present. 13 COMMISSIONER HARRIS: Yeah. Charlie can 14 come up with something and get it in the -- 15 COMMISSIONER LETZ: The next agenda. 16 COMMISSIONER HARRIS: March 13th. 17 MR. HASTINGS: Might be tight but we'll -- 18 we'll do our best. 19 COMMISSIONER BELEW: It's not going to be 20 that complicated. I mean, it may sound like it. And I 21 don't want you to make it complicated. 22 MR. HASTINGS: I don't want to make it 23 complicated. 24 COMMISSIONER BELEW: Okay. 25 COMMISSIONER LETZ: But we do have to go 71 1 through -- the complicated part is going through all of 2 our rules and making sure exactly where we're making the 3 change. 4 MR. HASTINGS: Right. The hard part is 5 boiling it all down. 6 COMMISSIONER LETZ: So it may -- it's going 7 to take a little bit of time to get it. 8 COMMISSIONER HARRIS: Charlie, I said March 9 13th. But it -- I know you're swamped. You and Bobby 10 both are. So if it's the following one or whatever. 11 MR. HASTINGS: We're shooting for March 12 13th. We'll -- we -- we will. I'll get with Gene 13 and -- however long it takes. 14 JUDGE KELLY: Okay. Charlie, don't leave. 15 I'm going to call the 10 o'clock items. We've got four 16 timed items at 10 o'clock. And I put it at that one 17 because I wanted him to address it. 18 And now we're going to 10 o'clock Item 1.15 19 consider, discuss and take appropriate action to offer 20 Engineering Department vehicle as a trade-in for a new 21 vehicle. Mr. Hastings. 22 MR. HASTINGS: The following vehicle will be 23 picked up by Enterprise Fleet Management to be sold due 24 to the receipt of a new vehicle, a 2007 Chevy Silverado, 25 VIN No. 2GCEK13Z571151737, License Plate No. 119-1812. 72 1 And this is in conformance with the Court 2 adopting budget for Engineering Department to get two 3 lease vehicles. We're only getting one. We want to 4 take it one step at a time. I believe you all approved 5 two and said just get one. And that truck is ready to 6 be ordered. That's the next agenda item. But first we 7 want to get permission to have this one sold by 8 Enterprise. 9 COMMISSIONER LETZ: I move for approval. 10 COMMISSIONER HARRIS: Second. 11 JUDGE KELLY: Got a motion and a second to 12 approve trading in the old vehicle for the new vehicle 13 in the Engineering Department. Any discussion? Those 14 in favor say aye. Opposed? Unanimous. 15 Item 1.16 consider, discuss and take 16 appropriate action to approve the lease agreement with 17 Enterprise Fleet Management for vehicle for Engineering 18 Department. 19 This is the new vehicle, right, Charlie? 20 MR. HASTINGS: Yes, sir. We had a budget of 21 a thousand dollars a month. And I believe this is 22 $952.00 a month. And as soon as it can be ordered -- as 23 soon as it gets authorized by the -- we're asking the 24 Court to authorize the Judge to execute this agreement 25 with Enterprise. 73 1 COMMISSIONER LETZ: So move. 2 COMMISSIONER HARRIS: Second. 3 JUDGE KELLY: Got a motion and a second to 4 approve the purchase of the new vehicle for the 5 Engineering Department. Any discussion? 6 COMMISSIONER LETZ: This is the first one 7 we've had come to us that the price is lower than we 8 expected. Although it's only $48.00 lower. Every 9 little bit adds up. 10 JUDGE KELLY: Those in favor say aye. 11 Opposed? Unanimous. 12 Next item 1.17 consider, discuss and take 13 appropriate action for the Court to authorize the County 14 Judge to execute the 2023 Road Reconstruction Project 15 with Dirtboys, Inc. from San Antonio, Texas, in the 16 amount of $242,083.53. Mr. Hastings. 17 MR. HASTINGS: Thank you, Judge. The 2023 18 Road Reconstruction Project consists of the 19 reconstruction of Skyline Drive located in the Center 20 Point area, Precinct 2. Plans and specifications have 21 been prepared by the County Engineer for the 22 reconstruction of approximately 1.0 to 2.2 miles of 23 Skyline Drive. 24 The bid package has been broken down into a 25 1.0 mile base bid and quarter mile increments of 74 1 additive alternates up to a total of 2.2 miles. 2 Precinct 2. 3 Bids were opened on February 13th, 2023, and 4 the lowest qualified bidder was determined to be 5 Dirtboys, Inc. from San Antonio, Texas, in the amount of 6 $242,083.53. We have gone through our qualifications to 7 make sure that we're hiring a good contractor. We feel 8 very comfortable with this. We've met with him already. 9 And this is for the full 2.2 miles. 10 We're very, very pleased with the price on 11 this. Kind of unbelievable. County Engineer requests 12 that the Court authorize the County Judge to execute the 13 2023 Road Reconstruction Project with Dirtboys, Inc. 14 from San Antonio, Texas, in the amount of $242,083.53. 15 Precinct 2. 16 And before anyone makes a motion or votes on 17 that, we're leaving about $100,000 on the table from 18 this. We budgeted 350. We've had a discussion this 19 morning with Road & Bridge, and they would like for 20 us to -- the Engineering Department to put a second bid 21 package together to maybe try to get another road done. 22 Hopefully this same contractor can bid on that project 23 and keep his prices this low. That would be amazing. 24 We don't know what will happen. So you never know 25 what's going to happen when you're bidding so. But we 75 1 would like to do that also. 2 JUDGE KELLY: Muscle up and get it done 3 while he's still employed here. 4 MR. HASTINGS: Yeah. 5 JUDGE KELLY: Because that takes all of us. 6 MR. HASTINGS: Yeah. 7 COMMISSIONER PACES: I move that the Court 8 authorize the County Judge to execute the 2023 Road 9 Reconstruction Project with Dirtboys, Inc. from 10 San Antonio, Texas, in the amount of $242,083.53 for 11 Precinct 2. 12 COMMISSIONER LETZ: Second. 13 JUDGE KELLY: Got a motion and a second to 14 approve the Road Reconstruction project with Dirtboys as 15 presented. Any other discussion? Those in favor say 16 aye. Opposed? Unanimous. 17 Last timed item is item 1.18 consider, 18 discuss and take appropriate action for the Court to 19 approve a revision of plat for Heavenly Acres Tract 5. 20 Mr. Hastings. 21 MR. HASTINGS: Thank you, Judge. This 22 proposal revises Tract 5, 15.71 acres as platted, into 23 two tracts. Tract 5A will be 5.09 acres and Tract 5B 24 will be 10.60 acres. Both lots will front Harper Valley 25 Road. We had a public hearing on January the 9th, 2023. 76 1 Nobody spoke. 2 County Engineer requests the Court approve a 3 revision of plat for Heavenly Acres Tract 5, Volume 7, 4 Pages 317 through 318, Precinct 4. 5 But before we vote, just a quick update on 6 this plat was grandfathered under the old rules. And 7 it's the 9th out of 18 that have come before you. We've 8 got nine more to go that were grandfathered under 2007 9 rules. 10 COMMISSIONER HARRIS: I move for approval. 11 COMMISSIONER PACES: Second. 12 JUDGE KELLY: Got a motion and a second to 13 approve a revision of plat for Heavenly Acres Tract 5. 14 Any discussion? Those in favor say aye. Opposed? 15 Unanimous. 16 Now let's go back to Item 1.12, will be the 17 next item on the agenda and we'll be caught up. And 18 that is consider, discuss and take appropriate action to 19 accept the racial profiling report from the 198th 20 District Attorney's Office. 21 Mr. Burdick is not here, but these are 22 routine. 23 COMMISSIONER LETZ: I move for approval. 24 COMMISSIONER BELEW: Second. 25 JUDGE KELLY: Got a motion and a second to 77 1 approve the racial profiling report from the 198th. Any 2 discussion? All those in favor say aye. Opposed? 3 Unanimous. 4 Item 1.13 consider, discuss and take 5 appropriate action to approve and submit for publication 6 the Request for Sealed Bids for lease of the Kerr County 7 Juvenile Facility located at 3499 Legion Drive, 8 Kerrville, Texas. 9 I put this on the agenda. We have renewed 10 interest from Right of Passage. We visited with our 11 County Attorney and she suggested that we go ahead and 12 repost the RFP. I've told the Right of Passage that 13 this is the way to do this. We put a 30-day time limit 14 on it because we expect for them to get back with us 15 fairly quickly. But it looks like we're going to be 16 able to get something done. 17 Generally, the lease terms -- we didn't put 18 any terms in it. We're looking for -- they're going to 19 have to spend probably 150, $200,000 to get it certified 20 back up to code. And we're looking to give them some 21 sort of incentive on the first end of the lease term. 22 Incentivize. Whoever's going to do this for us. 23 COMMISSIONER HARRIS: Sounds good. 24 COMMISSIONER LETZ: I'll move for approval. 25 JUDGE KELLY: Got a motion -- 78 1 COMMISSIONER BELEW: Second. 2 JUDGE KELLY: -- and a second to approve the 3 request for sealed bids for the lease of the Kerr County 4 Juvenile Detention Facility. Any other discussion? 5 Those in favor say aye. Opposed? Unanimous. 6 The next item is 1.14 consider, discuss and 7 take appropriate action to change Lisa Walter, Public 8 Relations Director, from a part-time employee to a 9 full-time employee, and change her job description to 10 include website maintenance and updates. 11 And for those of you that haven't been 12 paying attention, I've been cracking the whip the last 13 couple weeks trying to get this website up and running 14 and I finally, hat in hand, went and begged Lisa to help 15 me with this. And she graciously agreed after she 16 consulted with you, and as of today, I know that we have 17 an additional 92.5 hours that she put in this last pay 18 period trying to get this thing up and running. 19 The good news is that we're going to have a 20 fabulous website. The bad news is we're not going to 21 have it until about mid March. But what she's done, and 22 I have here, color coded and footnoted -- you recognize 23 this? 24 MS. WALTER: Yeah. 25 JUDGE KELLY: About 20 pages of little 79 1 things that need to be run to ground, fine tuned and the 2 bugs taken out of this website before we open it up. We 3 don't want to be embarrassed and open it up and have 4 everybody have all kinds of little nitpicky problems 5 with it. We want it to go seamlessly. 6 And I had, I think I've said, what, two 7 artificial deadlines when I wanted it up. 8 COMMISSIONER HARRIS: Maybe more. It's been 9 about a year process. 10 JUDGE KELLY: Well, realistically, and I 11 have visited with the boss, and she tells me -- that's 12 Jody -- she tells me that we can have it done by the 13 15th. And so what I'd like to do is go ahead and bring 14 her on board as a full-time employee. 15 And we've had extensive conversation about 16 needing her back here at the courthouse. And this being 17 the website manager or whatever you call it, it's going 18 to be a big job. 19 COMMISSIONER BELEW: Webmaster. 20 JUDGE KELLY: Webmaster. And it -- it falls 21 naturally into her area because she does all the press 22 releases for all the public notices that we've got. 23 COMMISSIONER LETZ: Exactly. 24 COMMISSIONER BELEW: Right. 25 JUDGE KELLY: And it leaves the liaison 80 1 position just the way it is. 2 COMMISSIONER BELEW: Sounds good to me. 3 COMMISSIONER LETZ: I thought we needed one 4 last time we met. We have to have one person 5 responsible. 6 JUDGE KELLY: It's not budgeted. Okay. But 7 we do have contingency funds to be able to do a budget 8 amendment to be able to put it in the budget. It's not 9 that we don't have the money, we do have the money. But 10 it will be budgeted for next fiscal year. 11 COMMISSIONER LETZ: Question. From what -- 12 Clint was here last time. He has a monthly maintenance 13 fee, I believe. Or he kind of said that he was -- I 14 mean, how much is that and can some of that money -- if 15 we're going to be doing it in-house, can we use some of 16 that money as opposed to paying an outside consultant? 17 JUDGE KELLY: I think that's a conversation 18 that we need to have. Right now what I'm trying to do 19 is just get the dang thing up and running. 20 COMMISSIONER LETZ: Right. 21 JUDGE KELLY: And then we can sort out how 22 we're going to do it. But he wanted us to have somebody 23 in-house and -- 24 COMMISSIONER HARRIS: I don't blame him. 25 JUDGE KELLY: Well, I resisted it and it 81 1 didn't work. And he was right. 2 COMMISSIONER BELEW: Right. Having 3 somebody, though, with a service contract ongoing versus 4 what Lisa's going to be trying to do, if we -- they're 5 different things. Yeah. So there are things that can 6 go wrong with the website or access or rebuilding 7 something that Clint can do that she can't do. She can 8 post. She can edit. She can put links in and that kind 9 of stuff. She doesn't write code or any of that sort of 10 thing. 11 JUDGE KELLY: My gut instinct tells me what 12 you're telling me is exactly true. And I think you had 13 come to the same thing? 14 MS. WALTER: Yes. 15 JUDGE KELLY: But I do not have sufficient 16 information to be able to articulate the specifics of 17 that today and make sure that we've got comparative 18 price and everything. 19 COMMISSIONER BELEW: Now you know how I felt 20 when I was trying to remember what CCN stood for. 21 COMMISSIONER HARRIS: You did say -- when 22 you put it on the agenda, you didn't think anybody would 23 question you. 24 COMMISSIONER BELEW: Well, I thought I 25 remembered it. I said it enough, I remembered it. 82 1 JUDGE KELLY: Bruce. 2 MR. MOTHERAL: There's three things that the 3 website does. One is they have a server, that -- that's 4 part of what that maintenance fee is for. That's the 5 hosting of the visual side of it. 6 At the County, we still have where we load 7 the files into the system that the other side accesses. 8 And that's what is kind of a combination between myself 9 and Lisa. And then she has the front facing that 10 everybody sees. 11 JUDGE KELLY: Well, and I want to understand 12 more about that. But I'm doing things one step at a 13 time and I want to get her on board first. 14 MR. MOTHERAL: Okay. 15 JUDGE KELLY: And -- and we'll get -- 16 COMMISSIONER BELEW: Well, the guy that 17 details your car doesn't work on the engine. 18 JUDGE KELLY: That's right. 19 COMMISSIONER BELEW: That's the easy way to 20 think about it. 21 JUDGE KELLY: But I need these done. 22 COMMISSIONER BELEW: Yeah. 23 JUDGE KELLY: So I move that we hire Lisa 24 Walter as a full-time employee. I've worked with Carmen 25 and Rosa trying to get a job description together. And 83 1 we'll come up with a grade and step. 2 COMMISSIONER BELEW: I'll second that. 3 COMMISSIONER LETZ: And the funding would 4 come from contingencies at this point? 5 JUDGE KELLY: At this point. 6 MRS. DOWDY: Effective, I guess, after -- 7 sorry. I think -- 8 COMMISSIONER LETZ: When should it be 9 effective, Rosa? From -- from a payroll standpoint? Is 10 Tracy back there? Or what do we need -- I mean, is it 11 simpler to do it at a pay period break or -- 12 MS. SOLDAN: It is. Because there's not a 13 calculation that -- 14 COMMISSIONER LETZ: Sure. 15 JUDGE KELLY: We're working her part-time. 16 And we've got the part-time hours right now but when 17 will she start full-time? 18 COMMISSIONER BELEW: She's got a lot of 19 part-time. 20 JUDGE KELLY: I know. 21 COMMISSIONER LETZ: Then when should we do 22 the start date to make this coincide with payroll? 23 MRS. SANCHEZ: I would say starting today, 24 because of the fact that she -- today is the beginning 25 of a pay period. 84 1 COMMISSIONER LETZ: Okay. 2 JUDGE KELLY: Thank you, gentlemen. 3 COMMISSIONER LETZ: Okay. Thank you. 4 COMMISSIONER HARRIS: Second. 5 COMMISSIONER LETZ: I believe he seconded 6 it. 7 COMMISSIONER BELEW: Okay. You should be 8 smiling. 9 MS. WALTER: I'm cross-eyed. 10 COMMISSIONER BELEW: No, she knows what the 11 job really entails. 12 JUDGE KELLY: Any other discussion? 13 COMMISSIONER PACES: Have we added any other 14 conditions? My concern is that as we keep growing 15 the -- 16 MRS. SANCHEZ: May I interrupt for a second? 17 You also may want to -- right now she is an hourly 18 from -- so you may also want to think about the pay 19 grade. So she's not in a pay grade right now. 20 COMMISSIONER BELEW: That's during budget 21 time, isn't it? 22 COMMISSIONER LETZ: Well yeah, but we gotta 23 do it now. 24 MRS. SANCHEZ: So we're going to keep her 25 hourly just to keep everything clear? 85 1 JUDGE KELLY: Well, do you have a 2 recommendation on grade and step? 3 COMMISSIONER BELEW: Yeah. 4 MRS. SANCHEZ: We were discussing that. And 5 we thought about -- 6 MS. WILLIAMS: 24, step one. 7 MRS. SANCHEZ: Yeah, 24, Step one. 8 JUDGE KELLY: Grade 24, Step 1? 9 MS. WILLIAMS: Uh-huh. 10 MRS. SANCHEZ: Yes. 11 JUDGE KELLY: Okay. 12 COMMISSIONER LETZ: And that matches the 13 hourly rate that's -- 14 JUDGE KELLY: Is that okay? 15 COMMISSIONER BELEW: It's fine with me. 16 MRS. SANCHEZ: It's -- 17 COMMISSIONER LETZ: Sort of? 18 JUDGE KELLY: Well, I think this webmaster 19 is going to be more intensive than what you are doing. 20 MRS. SANCHEZ: Yeah. It's more 21 responsibility. And it brings her up. It is a -- it is 22 a jump. 23 MS. WILLIAMS: So we looked at the nature of 24 the job in similarly situated positions in order to 25 determine it. 86 1 MRS. SANCHEZ: Yes. In order to determine 2 the grade. 3 MRS. WILLIAMS: So we looked at the job, and 4 similarly situated positions as well as the comp study 5 compared to minimum requirements, the level of expertise 6 needed for the position, and felt that that was a 7 suitable pay grade and step. 8 JUDGE KELLY: Okay. So this is at Grade 24, 9 Step 1. 10 MS. WILLIAMS: Yes, sir. 11 JUDGE KELLY: And your question? 12 COMMISSIONER PACES: Well, my question is 13 are we creating any other new positions? It just kind 14 of feels like we keep creating positions and growing the 15 size of our government, and is there truly a need to do 16 it? 17 JUDGE KELLY: There is truly a need for this 18 webmaster. Absolutely. 19 COMMISSIONER BELEW: But what you've seen, 20 though, Rich, prior to this is that there have been 21 people who have been at the wrong grade or step and that 22 was being corrected. So it looks like something new is 23 being created, it's still the same employees but now 24 they have a different position or grade. 25 COMMISSIONER PACES: Absolutely. 87 1 COMMISSIONER BELEW: So it looks like we've 2 dealt with that a lot lately but it's because we're 3 trying to get it fixed because it hasn't been the way 4 that it should be for a long time. 5 COMMISSIONER LETZ: I think the only one 6 we've added recently was in the Treasurer's Department 7 and that was budgeted, so that was a budgeted position. 8 JUDGE KELLY: As a general rule, we address 9 the new employee issues during the budget process. 10 COMMISSIONER PACES: Right. 11 JUDGE KELLY: And as the Auditor and I sit 12 here right now, other than making her full time, we 13 don't have anybody new that we plan to put in the budget 14 that's listed in department heads and elected officials. 15 COMMISSIONER PACES: And I know we have a 16 few gaps where we don't have people, like at Road & 17 Bridge. 18 JUDGE KELLY: Right. Yeah. A few. 19 COMMISSIONER PACES: Yeah. 20 COMMISSIONER LETZ: Well -- 21 COMMISSIONER PACES: They probably don't 22 want to ante up any of their money. 23 MS. HOFFER: No. We have plans for that. 24 COMMISSIONER HARRIS: And Rich, if you tried 25 to do anything with our current web page, and us here 88 1 probably know it better than most and I still can't get 2 anything done with it. It's terrible. I mean it's one 3 of the worst I've ever seen. And I looked up a bunch of 4 different counties. It is absolutely terrible. 5 And that's something we need to fix for the 6 public, you know. Because they -- they get frustrated 7 and they just give up. And this new web page should be 8 a benefit to all departments in that people can find 9 answers without having to call here or put traffic 10 through different departments. And that's the ultimate 11 goal, that it should be a big benefit in the long run. 12 COMMISSIONER PACES: I understand. 13 COMMISSIONER HARRIS: I know. And I 14 understand where you're coming from. 15 COMMISSIONER PACES: We're growing in costs 16 and growing the size of the government and I'll just 17 throw it out there as a final comment, hey, I -- I made 18 a web page for myself when I was campaigning. Didn't 19 cost much. 20 COMMISSIONER BELEW: Yeah. And well, you 21 didn't have as many departments. 22 COMMISSIONER PACES: Well, that's true. 23 COMMISSIONER HARRIS: I think it's going to 24 be a cost saving in the long run. As far as phone calls 25 and letting, you know, people in the tax office get 89 1 other work done rather than steadily answer the phones 2 or foot traffic out at Road & Bridge and things like 3 this. And that results in the ultimate goal when we 4 initiated this process. 5 JUDGE KELLY: Well, and -- and without 6 getting personal, we brought Lisa on as a part-time in 7 accommodation to her situation at the time. And we 8 truly have a need for a full-time PR Director and 9 full-time Webmaster. 10 COMMISSIONER BELEW: I wanted it more at the 11 budget. 12 JUDGE KELLY: I know you did. And so -- but 13 at this passing, it's time for us to go ahead and do it. 14 MRS. DOWDY: Is there a need to restate your 15 motion to make sure I have it right for the record? 16 JUDGE KELLY: Okay. And I've gotta look at 17 my second over here. To restate the motion, I move that 18 we change Lisa Walter, our Public Relations Director, 19 from a part-time employee to a full-time employee and 20 change her job description to include the website 21 maintenance and updates, webmaster, at a Grade 24, 22 Step 1. That's the motion. 23 COMMISSIONER BELEW: Second. 24 COMMISSIONER LETZ: Effective today. 25 JUDGE KELLY: Effective today. 90 1 MRS. DOWDY: Thank you. 2 JUDGE KELLY: Any other discussion? Those 3 in favor say aye. 4 COMMISSIONER PACES: Aye, reluctantly. 5 JUDGE KELLY: Opposed? 6 MRS. DOWDY: That was an aye in favor? 7 COMMISSIONER PACES: Yes. 8 MRS. DOWDY: Thank you. 9 COMMISSIONER LETZ: A reluctant aye. 10 COMMISSIONER PACES: Yeah. 11 JUDGE KELLY: We've got a reluctant 12 unanimous vote. 13 Moving on to Item 1.20 consider, discuss and 14 take appropriate action to surplus the Hill Country 15 Regional Public Defender's Office items to Medina 16 County. And this is, what, fiscal agenda as of 17 10/1/2022? 18 MRS. SHELTON: Yes. So that was the date 19 that the Hill Country Regional Public Defender's Office 20 became -- Medina County became the fiscal agent of it. 21 We still have some items on the books for them. The 22 majority of it are computers on the list that you see 23 that we have on our depreciation schedule. 24 So the cost of those were about $33,455.00. 25 We depreciated on the 6,000 so the book value of those 91 1 are $27,000. These were all bought with the grant, so 2 that is why they should follow with the grant people, 3 employees that were our employees that moved to Medina 4 and still have those computers. 5 The other list is your office inventory. 6 There's items that do not make it because they -- 7 because of the cost. And so they just stay on the 8 inventory list. And so you have a list of those items 9 also. 10 JUDGE KELLY: This is all stuff that we 11 bought with the grant funds and they were part of Kerr 12 County. Then when we shifted the fiscal responsibility 13 to Medina County, they move over to that office. 14 MS. SHELTON: Yes. There's also items here 15 that were originally surplused from Medina County to 16 Kerr County to help fill the building. So we're 17 returning the favor. 18 COMMISSIONER HARRIS: I move for approval. 19 COMMISSIONER BELEW: Second. 20 JUDGE KELLY: Got a motion and a second to 21 approve the surplus items from the Hill Country Public 22 Defender's Office as presented. Any discussion? Those 23 in favor -- 24 COMMISSIONER LETZ: Let me clarify. I think 25 the surplused items will stay in Kerr County. They're 92 1 just going to be pretty much -- well, subject to Medina 2 County wanting them to stay here, I guess. But they're 3 going to stay here in all likelihood. But they'll be on 4 the books of Medina County and not the books of Kerr 5 County. 6 COMMISSIONER PACES: One other comment. 7 We've already talked about leasing the Juvenile 8 Detention Facility. We have an awful lot of stuff 9 stored out there. And if we're successful, we're going 10 to have to get rid of it, that stuff, or move it. 11 COMMISSIONER LETZ: Move it. Can't get rid 12 of it. 13 COMMISSIONER PACES: And most -- at least -- 14 COMMISSIONER BELEW: That's not the item 15 we're talking about. 16 COMMISSIONER PACES: Yeah, I know. 17 COMMISSIONER BELEW: That's a different 18 discussion. 19 MRS. STEBBINS: So if you want to recall -- 20 COMMISSIONER BELEW: You're getting off the 21 agenda item. 22 COMMISSIONER PACES: All right. Fair 23 enough. 24 COMMISSIONER BELEW: Just trying to help 25 you. 93 1 MRS. STEBBINS: So it's -- do you -- if you 2 want to recall that item later and -- and make your 3 point, that would be helpful. 4 JUDGE KELLY: Harley's doing her job. 5 COMMISSIONER BELEW: No, I was reading her 6 body language and he couldn't see her. Okay. That's 7 all. 8 (Laughter.) 9 COMMISSIONER BELEW: I was looking at 10 Heather to see if we're getting too far off. 11 COMMISSIONER PACES: What -- what you're 12 telling me is I need to put this on the next Court's 13 agenda? 14 MRS. STEBBINS: You could. Or you could 15 recall the agenda item for the RFP to have some 16 discussion about what's going to happen with the stuff 17 in the building. 18 COMMISSIONER PACES: Yeah. Okay. I'll do 19 that after we close out this one. 20 MRS. STEBBINS: Okay. 21 JUDGE KELLY: Okay. Everyone in favor of 22 surplusing the items from the PDO? Unanimous. Anybody 23 that didn't? Good. 24 So now we move on to -- 25 COMMISSIONER PACES: Do we recall the other 94 1 one now or do I have to -- 2 JUDGE KELLY: That's fine. That's fine. 3 COMMISSIONER PACES: Okay. Which one am I 4 doing? 5 MRS. STEBBINS: 1.14. Oh, I'm sorry, 1.13. 6 COMMISSIONER PACES: 1.13. Yeah, I'd like 7 to recall agenda item 1.13 and just briefly discuss what 8 are we going to do with all the surplus equipment and 9 material that's sitting in the juvenile detention 10 facility should we be successful in leasing it out? 11 And my observation is I saw an awful lot of 12 old office furniture. Apparently nobody seems to want 13 it. And I also saw a bunch of computing equipment 14 that's, you know, vintage. Floppy disk drives. And I 15 can't imagine that that stuff has any use whatsoever. 16 JUDGE KELLY: It has to be surplused. 17 COMMISSIONER PACES: So I would just 18 encourage somebody to take action to evaluate that stuff 19 and bring it to the Court. 20 JUDGE KELLY: And I will tell you that the 21 biggest problem with the stuff that is stored over there 22 in that facility are the voting machines and all the 23 voting materials. We have those under double lock and 24 key. We're one of the few counties that got a Triple-A 25 rating from the State of Texas on our security for our 95 1 voting equipment, which is nice to have, but we're going 2 to have to provide for that. And that's important. 3 COMMISSIONER PACES: And at least the 4 surplus equipment, since we were talking about it -- 5 COMMISSIONER HARRIS: That's a valid point. 6 But surplus -- I mean storage is a huge problem. And 7 that's part of the stuff that we've been looking at. 8 COMMISSIONER LETZ: It's coming up in a 9 minute. 10 COMMISSIONER HARRIS: Okay. Never mind. 11 JUDGE KELLY: Okay. We'll move on to item 12 1.21 consider, discuss and take appropriate action on 13 the implementation of the burn ban. Time to do that. 14 COMMISSIONER LETZ: I move for approval. 15 COMMISSIONER HARRIS: Second. 16 JUDGE KELLY: Got a motion and a second to 17 approve the implementation of the burn ban procedure. 18 Any discussion? Those in favor say aye. Opposed? 19 Unanimous. 20 Item 1.22 consider, discuss and take 21 appropriate action to approve the AVID Bastion Agreement 22 and the amendment entitled "Schedule A Addendum" and 23 "Schedule D" and incorporate into the contract with 24 Fidlar Technologies, Court Order No. 39371, regarding 25 the new records management system in the County Clerk's 96 1 office. Ms. Dowdy. 2 MRS. DOWDY: Hello. Okay. So this is the 3 Bastion Service Agreement is as far as storing the 4 records electronically on a different environment than 5 what we anticipated. The funding will come out of the 6 current budget. Some of my budget, and also IT's 7 budget, per our discussion. 8 This will increase the agreement this year 9 $7,000 and this particular contract that I'm requesting 10 the Judge's approval on. The -- and that would fall 11 under pages 5, 6, and 7 of your handout. And then also 12 I'm asking for a revision in Schedule D, which allows 13 for the Monarch Export, which allows me to fulfill 14 public information requests. And that is a $4,000 ask, 15 but it's -- that's the part that's in my budget already. 16 And then page -- well, the very last page -- 17 the last two pages, Judge, would require your signature 18 as well. It spells out the Monarch Export and the total 19 investment for this year showing an increase of 4,000 20 this year. Again, money that's already budgeted. And 21 are there any questions? I know it was a lot to kind of 22 spill out. But -- 23 COMMISSIONER LETZ: Is this different? I 24 don't recall this company -- that name before. 25 MRS. DOWDY: Okay. So it -- 97 1 COMMISSIONER LETZ: I didn't know Bastion. 2 MRS. DOWDY: It's -- so Bastion is the 3 program that's dispersed by Fidlar. 4 COMMISSIONER LETZ: Okay. 5 MRS. DOWDY: And so we were under 6 Replication, where we were basically copying our records 7 to our internal server. But because there was not 8 enough room? 9 MR. MOTHERAL: Yeah. 10 MRS. DOWDY: Not enough room, we needed more 11 room than we anticipated, Bruce is actually on board 12 with it, meaning on the Bastion Environment, which is 13 external. So we're basically paying for that service, 14 which Bruce thinks is actually better. And so I would 15 agree with him. 16 COMMISSIONER LETZ: Okay. What's the -- do 17 you have a total amount of the increase? So for this 18 budget year for the Bastion part, it's 7,000 because 19 we've already invested nine on the Replication. And I 20 asked, do I need to replace Replication, and they said 21 no, because it's kind of -- that's what Bastion will be 22 doing. It's just moving from one environment. There's 23 no need to resend it, is what I was told. 24 COMMISSIONER LETZ: Okay. 25 MRS. DOWDY: So that's on that one. But the 98 1 4,000 is the Monarch Export, which is another program 2 Fidlar will provide me. It's a tool in order for me to 3 access recorded records in order to fulfill public 4 information requests. So that 4,000 is a -- is a new 5 cost because it's a new tool. But it's going to be 6 coming out of my budget that I have some room for. 7 JUDGE KELLY: You'll do a budget amendment 8 on that? 9 MRS. DOWDY: Say again? 10 JUDGE KELLY: You'll do a budget amendment? 11 MRS. DOWDY: Exactly. Yes. 12 JUDGE KELLY: So it's $7,000 new money? 13 MRS. DOWDY: I'm sorry? 14 JUDGE KELLY: It's $7,000 new -- new money? 15 Increase? 16 MRS. DOWDY: Seven thousand plus the four. 17 So Eleven. But it's two different programs. 18 COMMISSIONER LETZ: Are these coming out of 19 dedicated funds, where that money will come from? Or is 20 out of your general budget? 21 MRS. DOWDY: The -- in the future it will. 22 I'm going to -- it will, but this year because it's 23 dedicated, I would have to have that -- that cannot be 24 done unless it's in a public hearing. So I have money 25 in my budget out of general funds that will be used plus 99 1 what Bruce has in order to cover that. But in the next 2 budget, yes, I -- I will be putting that in the 3 dedicated fund. 4 Now, also keep in mind, these costs are 5 actually going to be recouped by the public information 6 requests because the export will be -- it's an added 7 program for me to have to purchase. I have to purchase 8 the environment to that to go into the public 9 information act I can recoup that cost. So between ten 10 users at $1200 a year, that will cover a lot of that 11 cost. So I'm just requesting the approval. 12 COMMISSIONER LETZ: Okay. 13 COMMISSIONER BELEW: I have a question about 14 the terminology of the Replication terminology. 15 MRS. DOWDY: Yes. 16 COMMISSIONER BELEW: Does that mean you keep 17 an in-house copy of this or all of it goes away? 18 MRS. DOWDY: So the Replication is an 19 in-house copy. So right now we have an in-house copy of 20 everything up to February 13th, 2023. 21 COMMISSIONER BELEW: And we're going to 22 store it in a safe place? 23 MRS. DOWDY: I have it stored in a safe 24 place. Correct. 25 COMMISSIONER BELEW: No, I mean this is 100 1 going to be a vault of Replication. So if anything 2 happens here, if the courthouse burns down, you still 3 have all the records? 4 MRS. DOWDY: Absolutely. 5 COMMISSIONER BELEW: So my question, then, 6 becomes this: Why do we need anything to access those 7 documents? Anything -- we already have the documents 8 here. If somebody requests the document, don't we have 9 your -- 10 MRS. DOWDY: Up to -- 11 COMMISSIONER BELEW: -- have it at your 12 fingertips? 13 MRS. DOWDY: Up to February 13th, 2023. But 14 when eDoc goes away, which is this Fidlar will be 15 replacing eDoc, I will no longer have that tool in order 16 to access -- or I'd have to get with IT to pull all my 17 records for up to 2-13-2023. But with the Monarch 18 Export, I'll be able to access, including Laserfiche 19 records, the eDoc records from 2-14 to present. If that 20 makes sense. 21 COMMISSIONER BELEW: What I'm trying to get 22 to is now, if we're going to keep in-house records and 23 we're going to have them backed up someplace else, and 24 you're giving us a date of -- did you say the 13th of 25 this month? 101 1 MRS. DOWDY: Yes. 2 COMMISSIONER BELEW: That you no longer are 3 keeping them in-house at all? Is that it? 4 MRS. DOWDY: No, I will -- I will be -- 5 COMMISSIONER BELEW: Bruce is shaking his 6 head so -- 7 MRS. DOWDY: So once I get the Monarch 8 Export, I will be able to have access directly to the 9 records. Does that sound right? 10 MR. MOTHERAL: That's correct. 11 MRS. DOWDY: Okay. 12 COMMISSIONER BELEW: Well, it doesn't make 13 sense. You already have access to the records. 14 MRS. DOWDY: To the old records. But 15 these -- 16 COMMISSIONER BELEW: You've already started 17 storing these as of the 13th of this month in a new way. 18 MR. MOTHERAL: Yes. 19 MRS. DOWDY: Yes. 20 COMMISSIONER BELEW: Okay. And you won't be 21 able to retrieve them for taxpayers at their request 22 without some new form of software? 23 MRS. DOWDY: So the public will be able to 24 access them through the website. And that's in the 25 designated contract already called AVA. A whole other 102 1 program. That allows them to get an unofficial copy at 2 no cost for that. 3 COMMISSIONER BELEW: A review copy. 4 MRS. DOWDY: Correct. If they would like to 5 pay for an official copy, that can go through Tapestry, 6 another part of the contract, and they can pay for the 7 search fee and retrieve the document without contacting 8 the County Clerk's office. 9 COMMISSIONER BELEW: They can do it from 10 home? 11 MRS. DOWDY: They can do it by -- 12 COMMISSIONER BELEW: So they pay -- they pay 13 through this thing and then -- 14 MRS. DOWDY: Now that's Tapestry. 15 COMMISSIONER BELEW: -- they get the email. 16 MRS. DOWDY: Now let's talk about Monarch. 17 COMMISSIONER BELEW: Okay. 18 MRS. DOWDY: Monarch Export will allow me to 19 download the records needed for our title company and 20 the other requesters, such as Zillow, Texas File, Texas 21 -- East Texas Title, so on and so forth. Monarch Export 22 will allow me to download both data for them through the 23 Public Information Act; otherwise, I won't have that 24 ability to do a bulk data download, or I have to ask 25 Bruce and Fidlar to do -- that's the solution basically, 103 1 is to fulfill public information requests through -- 2 basically -- it's called a subscription fee, basically. 3 COMMISSIONER BELEW: Well, you said the 4 magic word. Bulk. So that's the important -- 5 MRS. DOWDY: Bulk. Yes. Downloading. Oh, 6 also this program allows for the property fraud alert, 7 which is available right now to the public. If you go 8 directly to the Kerr County Clerk's website, you'll see 9 a link to property fraud alert and you may sign up and 10 receive alerts if anything gets filed in your name in 11 the property records. That is a free service. I say 12 free. It's free. It's an indirect service charge 13 through this contract that we pay as a County, but it 14 takes care of the customers to be able to sign up for 15 property fraud. 16 So a lot of good things with the system so. 17 But as far as the agenda item goes, in order to fulfill 18 the public information requests I'll need access through 19 a bulk data download tool, which is Monarch Export. 20 COMMISSIONER BELEW: Okay. Did somebody 21 move? 22 MRS. DOWDY: Are there any other questions? 23 JUDGE KELLY: No. No one has. 24 COMMISSIONER BELEW: I so move. 25 COMMISSIONER HARRIS: You move for approval? 104 1 COMMISSIONER BELEW: Yeah. 2 COMMISSIONER HARRIS: Second. 3 JUDGE KELLY: We got a motion and a second 4 to approve the AVID Bastion Agreement and the Amendment 5 entitled "Schedule A Addendum" and "Schedule D" and 6 incorporate into the contract with Fidlar Technologies 7 in the County Clerk's Office. Any discussion? All 8 those in favor say aye. Opposed? Unanimous. Thank 9 you. 10 MRS. DOWDY: Thank you all so much. 11 JUDGE KELLY: Item 1.23 discussion regarding 12 the process for solving capital needs. 13 COMMISSIONER LETZ: I just put this on the 14 agenda. We had the final meeting on CIP at the last 15 meeting, and we've got to figure out how we're going 16 to -- what's going to -- how we're going to start moving 17 forward, what the priorities are, and kind of get a game 18 plan, because we have to address all that. 19 I mean, in my personal opinion the top two 20 priorities -- well, storage may have got moved up today 21 at the Hill Country Youth Event Center and Ingram Annex. 22 I mean, we've got to figure out what we're doing with 23 those two. Well, those are the biggest two. And then 24 storage somewhere. And we just need to figure out how 25 we're going to move forward. What we're -- how we're 105 1 going to do it, you know. 2 COMMISSIONER BELEW: Well, there's a little 3 time for the Annex. 4 COMMISSIONER LETZ: Right. 5 JUDGE KELLY: Well, we need to start looking 6 at it now. 7 COMMISSIONER BELEW: Right. If we're going 8 to build something or find it -- 9 COMMISSIONER HARRIS: It's -- it's just 10 perfect timing that we were able to get the upgrade that 11 we have now, which Ingram ISD moved out of it because of 12 deficiencies, you know. Major repairs on the horizon. 13 But it was so much better for us than what we had, you 14 know. So -- 15 COMMISSIONER LETZ: I think George had a 16 good idea. I think we should go to EIC for the Youth 17 Event Center. 18 COMMISSIONER HARRIS: I -- I agree. 19 COMMISSIONER LETZ: Yeah. That makes, you 20 know, perfect sense. 21 JUDGE KELLY: Proposing it? 22 COMMISSIONER BELEW: Well, it generates 23 revenue, that's what EIC is about. And it's approving 24 revenue generators, so -- and it has -- 25 JUDGE KELLY: And it's deficient and we have 106 1 to do something about those deficiencies. 2 COMMISSIONER LETZ: Yeah. So anyway, I 3 just -- you know, I don't have the answers. I just 4 wanted to start moving. 5 JUDGE KELLY: Well, I've given it some 6 thought. Not as much as it needs, as it requires. But 7 as I look at the West Kerr County Annex, we need to 8 start looking now. Whether we're talking to Ingram ISD 9 about whether they're interested in possibly selling or 10 leasing to us long term. We know they're going to have 11 to put a roof on that building. That's the biggest 12 expense coming up. 13 COMMISSIONER PACES: That is a relatively 14 new roof. That it was just leaking. 15 JUDGE KELLY: Bobby told me it needed a new 16 roof. And even the disclaimer that he says, you know, 17 two, maybe three years. But probably two. He can't 18 guarantee that that roof is going to hold up for that 19 period of time. So he's already given us a disclaimer. 20 And that's fair. 21 COMMISSIONER BELEW: Without a doubt. 22 JUDGE KELLY: So we need to be looking at 23 that. There are no other prospect properties in West 24 Kerr County that I know of. And that was one thing that 25 the CIP did a very good job on back in the early days, 107 1 taking a look at what was available and we found out 2 there was very little. 3 COMMISSIONER BELEW: There was some piece of 4 property that we looked at. 5 COMMISSIONER LETZ: And bought. 6 COMMISSIONER BELEW: We bought? 7 COMMISSIONER LETZ: We own a piece of 8 property. 9 COMMISSIONER BELEW: Okay. So -- 10 COMMISSIONER HARRIS: Right next to Ingram 11 High School. 12 COMMISSIONER BELEW: What about that one? 13 COMMISSIONER HARRIS: Well, that's -- 14 COMMISSIONER BELEW: We just have to build 15 something on it. 16 COMMISSIONER HARRIS: Exactly. 17 COMMISSIONER LETZ: Have the money to build 18 something. 19 JUDGE KELLY: And -- and in that regard, we 20 can look at the general fund, and what kind of monies 21 you might have in the general fund that can pay. That 22 means you've got to pay for a whole project up front. 23 You don't get financing opportunities. 24 We did use the tax anticipation note to 25 acquire that property and other parcels that we had. I 108 1 don't know if you followed all of that. But we got 19 2 and a half acres, 10,000 square feet of office space, 3 3700 square foot building for the TAC office and an acre 4 and a half out next to Ingram Tom Moore High School, the 5 property up the street, ADA compliant, new roof and 6 parking spaces for two and a half million dollars. And 7 we have that at 0.75 percent interest. Pretty good. 8 Don't know what we can do with the 600 Earl 9 Garrett building. It's not ADA compliant. We might be 10 able to use that for temporary storage. I don't know. 11 COMMISSIONER HARRIS: Temporary. Yeah. 12 JUDGE KELLY: But that's a possibility. 13 Another thing that's in the wind that we're not sure 14 exactly how it's going to work, but the PDO, the Hill 15 Country Regional PDO, is looking to open a Boerne office 16 because the -- we have lawyers that work for the public 17 defender's office that can't afford housing in Kerr 18 County. 19 COMMISSIONER LETZ: But San Antonio is 20 closer. 21 JUDGE KELLY: But they -- they're coming 22 from San Antonio. And so there is a possibility that 23 the first floor of the 550 building may open up for 24 County use. And that's -- I'm just putting it out 25 there. That's a possibility. 109 1 And other than that, the Hill Country Youth 2 Event Center. We've got to fix the electrical, we've 3 got to fix the roof, we've got to fix several other 4 things. The electrical for sure. 5 COMMISSIONER PACES: Right. Just need to go 6 ahead and up and do it. 7 JUDGE KELLY: I understand. Well, we -- we 8 can do it in the general fund or go to EIC or do tax 9 anticipation notes. 10 COMMISSIONER LETZ: Well, isn't there 11 also -- aren't there some ARPA funds left? 12 JUDGE KELLY: Yes. We got about three -- 13 COMMISSIONER HARRIS: Is that the EIC? 14 COMMISSIONER PACES: Something that's 15 hazardous like electrical, I mean, we should just be 16 fixing that. I mean, I'm told it's just some outlets 17 and -- 18 COMMISSIONER LETZ: No, they have to redo 19 the whole electrical. And bring in a different -- you 20 have to bring in power and -- it's a major -- it's in 21 the hundreds of thousands. 22 JUDGE KELLY: But it needs to be done. 23 COMMISSIONER LETZ: It needs to be done. 24 JUDGE KELLY: So I think all we can do is 25 keep this on the radar screen and report back as we have 110 1 more information. 2 COMMISSIONER PACES: I met with Tanya and 3 Bob Reeves last week and we talked about some 4 possibilities for funding as well. And we need to do a 5 little investigative work there but -- see if that opens 6 any avenues as well. I'm also aware of some things that 7 potentially could have an impact on the West Kerr Annex 8 as well, but it's too early to bring that to the Court. 9 But I do think that maybe -- I'm aware that 10 there's a bunch of storage spaces available in the Kerr 11 annex. The old ISP. There's space out there that could 12 be utilized as well. 13 JUDGE KELLY: Out at Ingram. 14 COMMISSIONER LETZ: Oh, okay. 15 COMMISSIONER HARRIS: It would be temporary. 16 Because we know we're in there temporary. 17 COMMISSIONER PACES: Right. 18 COMMISSIONER LETZ: I just think we need to 19 start, I mean, really moving forward on some of the 20 plans, and I'll be glad to take a lead on working on 21 getting together an application with EIC and bring it to 22 the Court. 23 JUDGE KELLY: Okay. 24 COMMISSIONER LETZ: Is the idea to -- you 25 know, all of the above or, kind of, we do half and try 111 1 to get funding for half? What's -- I mean or do we need 2 to think about it more and bring it back to the County? 3 COMMISSIONER PACES: Well, I think it's a 4 great idea to go to EIC and start the process. I do 5 think we need to take a much closer look at the AG barn 6 in particular and do we really want a concrete floor or 7 not for the whole area because I've talked to a lot of 8 people that say no, that's a mistake, so -- 9 COMMISSIONER HARRIS: We talked to a whole 10 lot of people that think it needs to be concrete, too. 11 You know. 12 COMMISSIONER PACES: Well, if in doubt, when 13 it comes to spending, you know, four million bucks or 14 whatever that price tag is -- 15 COMMISSIONER LETZ: Well, we gotta figure 16 out what the -- we have to get a scope before you go to 17 EIC. And I think EIC is going to be -- oh, I have no 18 idea what they're looking at. But, you know, I don't 19 want to even start to guess. 20 COMMISSIONER BELEW: So the -- if we do it 21 in the same way that we did the bond issue it's 22 a la carte. We know the roof needs to be fixed. We 23 know the electric needs to be fixed. Those are 24 priorities and those are essential and have to be done. 25 If it comes to concrete floor or anything thereafter, 112 1 then that would be the a la carte. 2 COMMISSIONER PACES: Right. 3 COMMISSIONER BELEW: The first two have to 4 go together and they must be done. So that would be the 5 price tag. 6 COMMISSIONER PACES: Sure. 7 COMMISSIONER BELEW: That would be the thing 8 to go to EIC with. And that's easy enough to find out. 9 COMMISSIONER PACES: I asked -- 10 COMMISSIONER BELEW: Well, I'm not talking 11 about that, I'm talking about somebody fixes the roof. 12 Somebody does the electrical. 13 COMMISSIONER PACES: That's part of the -- 14 JUDGE KELLY: One of the things that we need 15 to do -- 16 COMMISSIONER BELEW: Didn't we have somebody 17 look at the roof out there and give us a -- 18 COMMISSIONER LETZ: Yeah. Peter has. 19 MR. HASTINGS: Are you talking about the 20 skylights? 21 COMMISSIONER LETZ: Do what? 22 MR. HASTINGS: Are you talking about the 23 skylights? Which building? 24 COMMISSIONER BELEW: No, I'm talking about 25 at the AG barn. In the old part. 113 1 JUDGE KELLY: Indoor arena. 2 COMMISSIONER BELEW: Yeah. And there was a 3 lot of roof damage out here and that was one of them 4 that got looked at. Some of them got fixed. I didn't 5 hear -- that was several years ago. 6 MR. HASTINGS: We made a project out of it. 7 COMMISSIONER BELEW: It was hail damage that 8 was looked at here and several of the other buildings. 9 MR. HASTINGS: Uh-huh. And we got all the 10 skylights replaced out there. You remember how dark it 11 was? 12 COMMISSIONER LETZ: It was fixed. 13 COMMISSIONER HARRIS: Cypress Roofing did 14 it. 15 MR. HASTINGS: That's right. 16 COMMISSIONER BELEW: So some of that was 17 fixed. But I thought we had a -- we have never taken 18 bids for the whole roof? 19 COMMISSIONER LETZ: We haven't taken bids, 20 but we -- Peter Lewis has an estimate. I mean, you 21 know, you can't -- nobody's going to give you a price 22 until you put it out for bid. So we have an estimate 23 or -- 24 COMMISSIONER HARRIS: We have a ballpark. 25 JUDGE KELLY: And that may be what we do for 114 1 EIC is just go ahead and put out RFP's and put out a 2 proposal. 3 COMMISSIONER LETZ: Well, I'll visit with 4 them and find out what the process -- 5 COMMISSIONER BELEW: But those are the two, 6 the roof and the electric? 7 JUDGE KELLY: Sure. 8 COMMISSIONER BELEW: Everybody agree on 9 those? 10 COMMISSIONER LETZ: Yeah, those are the 11 two -- I mean I'll probably ask for all. 12 COMMISSIONER HARRIS: Yeah. Might as well. 13 COMMISSIONER LETZ: Then, you know, see what 14 they say. 15 COMMISSIONER PACES: George mentioned six 16 million. So is that potentially the upper limit that 17 you would get from EIC? 18 COMMISSIONER LETZ: The EIC has -- 19 COMMISSIONER PACES: They may not -- 20 COMMISSIONER LETZ: They obligate going into 21 the future so -- 22 JUDGE KELLY: Worth talking to them. 23 COMMISSIONER LETZ: Yeah. 24 JUDGE KELLY: Anything else for today? 25 COMMISSIONER LETZ: I mean, yeah. As long 115 1 as -- I mean it would be -- I would encourage you, 2 Commissioner, in Executive Session to let the Court know 3 what's in the works so that we're not working on -- you 4 know, look at what we're working on. Talking about the 5 Ingram annex. So we have some idea where we're going. 6 Because we've got to start solving these problems and 7 coming up with a definite plan. 8 JUDGE KELLY: Okay. We'll move on to Item 9 1.24 consider, discuss and take appropriate action to 10 authorize repair of damaged roads due to the East Kerr 11 County/Center Point Wastewater Sewer Project. 12 COMMISSIONER LETZ: I put this on the agenda 13 really just because at that time we didn't know if 14 Hayden Paving was going to show up today. 15 COMMISSIONER PACES: Did they? 16 MR. HASTINGS: They did. 17 COMMISSIONER LETZ: And the other thing is, 18 just so that Mr. Hastings and Judge Kelly can update the 19 court as to the results of the meeting with D Guerra and 20 so we have -- you know, so we don't -- we're aware what 21 happened. Because what you two found out you couldn't 22 talk to me or anybody else. 23 COMMISSIONER PACES: Well, I think it was a 24 really good meeting. And it was particularly 25 encouraging when they were going to start the road 116 1 repairs last Monday. And then shortly end of the week 2 we got word from D Guerra that the subcontractor 3 couldn't do it last week and they had some conflicts but 4 they would get it this week. 5 So again, as long as it gets done this week 6 then we're seeing some progress. But in the meantime, 7 we've seen a number of claims coming through that raise 8 concerns about the financial conditions of our 9 contractor. But at least for now things are moving 10 forward and probably nearing completion and the target 11 is still April for completion of Phase 3. 12 JUDGE KELLY: I would describe it as a very 13 collaborative construction meeting with all parties 14 committed to trying to work together to get this done as 15 quickly as possible with D Guerra doing the share. And 16 he was personally not present but April and Matt were 17 and they were very forthcoming. And I feel like they 18 were feeling pretty positive about it. 19 Of course, my big concern is I don't want 20 the general contractor to walk that job. That would 21 be -- that would be a lot for somebody to pick that up. 22 So that's why I say I feel like it was very constructive 23 and very collaborative. Everybody worked together to 24 try and get it complete. 25 COMMISSIONER LETZ: Well, I think D Guerra 117 1 is trying. 2 COMMISSIONER PACES: Yeah, I agree. 3 COMMISSIONER LETZ: So I mean it's not -- 4 you know, the -- 5 COMMISSIONER PACES: The fact that they're 6 out working today makes me feel much better. 7 COMMISSIONER LETZ: Yeah. I mean I think 8 D Guerra is fine, it's just a matter of we should make 9 sure the project gets done. 10 JUDGE KELLY: One of the things we 11 discussed -- well, we were talking about several 12 different things. One was whether or not Hill Country 13 Telephone could expedite their work schedule to try to 14 help us with the bore over there. 15 And D Guerra came up with the creative idea 16 that they were going to bore from the opposite side of 17 the road to be able to set up closer so that we're not 18 losing too much time. So all things considered, we came 19 up with some creative approaches and it's on -- 20 relatively on track. 21 MR. HASTINGS: And they've done that bore. 22 JUDGE KELLY: Yeah. 23 MR. HASTINGS: They stuck with their word on 24 that. I think one of the other things that came out of 25 the meeting is that there's a number of items that we 118 1 were hoping to add to D Guerra's contract to get done so 2 we could kind of walk away from this once and for all 3 and say everyone's connected that needs to be connected, 4 and that's not going to happen. They're not interested 5 in adding anymore to their work. And so the Court needs 6 to think about do we have a phase four that closes 7 everything out? It will be relatively small, a very 8 small project to close everything out but it would be -- 9 COMMISSIONER LETZ: And I think, based on 10 the information from Commissioner Paces, and I'll get 11 with you sometime in the near future. 12 JUDGE KELLY: Okay. So that takes us to 13 item 1.25. 14 COMMISSIONER LETZ: That'll be in Executive 15 Session. 16 MRS. STEBBINS: But you'll need to remember 17 that you'll need to vote. 18 COMMISSIONER LETZ: We need to vote that -- 19 MRS. STEBBINS: I'm going to read you this. 20 COMMISSIONER LETZ: Discussing it in public 21 is detrimental. 22 MRS. STEBBINS: To the negotiations with a 23 third party. I sent you the written opinion this 24 morning. And so you have that in your e-mail. But 25 you'll need to vote and the vote has to be unanimous. 119 1 JUDGE KELLY: Before we do that, I want to 2 go ahead and call the item, because we do have someone 3 that wants to speak on that issue. I want to respect 4 that. 5 Let me go ahead and call item 1.25 consider, 6 discuss and take appropriate action regarding the 7 Interlocal Agreement between Kerr County and the City of 8 Kerrville for the Provision of Animal Control Services 9 within the City of Kerrville and the services of the 10 Butt-Holdsworth Memorial Library for the residents of 11 Kerr County. 12 I called that and I know a member of the 13 public wanted to speak. If you'd like to come to the 14 podium at this time. Miss Ferguson. 15 MS. FERGUSON: Barbara Dole Ferguson. I 16 live here in Kerrville. I just wanted to say to the 17 County Commissioners how much I appreciated your 18 addressing this whole issue and taking the stand that 19 you have. This City -- this issue is not solved for the 20 City yet. 21 It may be ended here for the County 22 Commissioners but -- as both a City and a County 23 resident, I really appreciate the time, the effort, the 24 listening and your reaching out to the City to try to 25 reach some kind of agreement, but I think you're -- 120 1 sometimes it's very difficult to do the right thing. 2 And a lot of times the result immediately isn't maybe 3 what you had hoped for, but it's still the right thing 4 to do and I really appreciate it. 5 COMMISSIONER HARRIS: Well, Barbara, I'd 6 like to thank you for your dedication towards this issue 7 and what you've done, behind and in front of us. 8 MS. FERGUSON: Thank you. 9 JUDGE KELLY: Okay. I've called the agenda 10 item and I understand that this -- there's going to be a 11 motion for us to do this in Executive Session and we'll 12 need to take a vote on that. 13 MRS. STEBBINS: You'll need to take a vote 14 on whether or not deliberation of the meeting would have 15 a detrimental effect on the position of the court with 16 negotiations with the third party, that is the City. 17 JUDGE KELLY: So I move that it does. So 18 who seconds? 19 COMMISSIONER HARRIS: Second. 20 JUDGE KELLY: I got a motion and a second. 21 Any discussion? 22 MRS. DOWDY: Do we have a second yet? I'm 23 sorry. I heard -- 24 JUDGE KELLY: Commissioner Harris. 25 MRS. DOWDY: Thank you. 121 1 JUDGE KELLY: Okay. All those in favor say 2 aye. 3 COMMISSIONER PACES: May I ask one simple 4 question? 5 JUDGE KELLY: Sure. 6 COMMISSIONER PACES: I know there's 7 correspondence between Commissioner's Court and City 8 Council. Did a meeting ever happen? 9 COMMISSIONER LETZ: Yes. 10 COMMISSIONER PACES: Okay. That's good. 11 MRS. DOWDY: What was the vote? 12 JUDGE KELLY: We haven't voted yet. 13 MRS. DOWDY: Oh, I thought I heard -- 14 JUDGE KELLY: He wanted a question before we 15 could vote. So now, those in favor of going into 16 Executive Session say aye. Opposed? So we have a 17 unanimous vote. We're going to -- 18 COMMISSIONER LETZ: Wait. Can we do the 19 rest of the agenda? 20 JUDGE KELLY: Item 2.1, which is budget 21 amendments. 22 MRS. SHELTON: Yes. You have in front of 23 you three budget amendments. These are all grant funds 24 that are available for disbursement. 25 COMMISSIONER BELEW: Move for approval. 122 1 COMMISSIONER LETZ: Second. 2 JUDGE KELLY: Got a motion and a second to 3 approve the budget amendments as presented. Any 4 discussion? Those in favor say aye. 5 2.2. Pay bills. 6 MRS. SHELTON: Yes. Invoices for today's 7 consideration amount to $1,083,239.74. 8 COMMISSIONER HARRIS: Move for approval. 9 COMMISSIONER BELEW: Second. 10 JUDGE KELLY: Got a motion and a second to 11 pay the bills as presented. Any discussion? Those in 12 favor say aye. Opposed? Unanimous. 13 2.3 late bills. 14 MRS. SHELTON: Yes. The total for late 15 bills $35,138.68. 16 COMMISSIONER LETZ: Move for approval. 17 COMMISSIONER BELEW: Second. 18 JUDGE KELLY: Got a motion and a second to 19 approve the late bills as presented. Is there any 20 discussion? Those in favor say aye. Opposed? 21 Unanimous. 22 2.4 Auditor reports. 23 MRS. SHELTON: Yes. You received three 24 internal audit reports. These were for the Justice of 25 the Peace 1, 2 and 3, and we ask that you accept the 123 1 report. 2 COMMISSIONER BELEW: Move for approval. 3 COMMISSIONER PACES: Second. 4 JUDGE KELLY: Got a motion and a second to 5 accept the Auditor reports as presented. Any 6 discussion? Those in favor say aye. Opposed? 7 Unanimous. 8 2.5 accept monthly reports. 9 COMMISSIONER HARRIS: Yes. For January 10 2023. Payroll approval, County Treasurer, Tracy Soldan. 11 Justice of the Peace Precinct 1, Mitzi French. Precinct 12 4, as amended, Bill Ragsdale. County Clerk, Jackie "JD" 13 Dowdy. Animal Control Services, Director, Reagan 14 Givens. 15 I move for approval. 16 COMMISSIONER BELEW: Second. 17 JUDGE KELLY: Got a motion and a second to 18 approve the monthly reports as presented. Any 19 discussion? Those in favor say aye. Opposed? 20 Unanimous. 21 Court orders. 22 COMMISSIONER LETZ: Yeah. Court orders from 23 our February 13th meeting. Numbers 39803 through 39842. 24 They all are in order. I move for approval. 25 COMMISSIONER BELEW: Second. 124 1 COMMISSIONER PACES: Second. 2 JUDGE KELLY: Got a motion and a second to 3 approve court orders as presented. Any discussion? 4 Those in favor say aye. Opposed? Unanimous. 5 Moving on to the Information Agenda. 3.1 6 status reports from Department Heads. Mr. Givens. 7 MR. GIVENS: Yes, sir. I just wanted to 8 give y'all a quick update. I'm sure you're all aware of 9 the tanker gasoline spill on the interstate, which 10 actually was in Gillespie County. I'm sure you're all 11 aware that there's a portion of I-10 that runs through a 12 corner of Gillespie County out there. I went ahead and 13 went there after it happened just to make sure things 14 were getting reported properly to TCEQ. Those types of 15 entities. UGRA. Just because I don't know what 16 Gillespie County does as far as that goes and where it 17 is, it affects Kerr County being in that location. 18 So it was reported to TCEQ there was a San 19 Antonio fire department hazmat team that came out. The 20 spill was significant. I heard maybe close to 4,000 21 gallons of fuel right there. I could be wrong about 22 that as to exactly how much. I don't know. But hazmat 23 team did come out. TCEQ was notified and also UGRA so 24 they could decide whether they needed to take any sort 25 of action with water sampling or things of that nature. 125 1 The reason I'm telling you guys is because 2 we've started to get some phone calls from concerned 3 residents and stuff. So if you get any calls, we're 4 still looking at it. I'm sending one of the guys back 5 out there just to look, just because we did contact 6 TCEQ. That way we can just follow-up with them, let 7 them know how it's looking now. Make sure they have 8 that info. 9 But in the end, you know, this stuff really 10 will be going to Gillespie County. It's just where it's 11 at, it affects some of our creeks and stuff like that. 12 Possibly. So just a heads up. 13 COMMISSIONER HARRIS: Thanks, Reagan. 14 MR. GIVENS: You bet. 15 COMMISSIONER LETZ: I can't comment on that. 16 JUDGE KELLY: Any other department head 17 reports? Elected official reports? Liaison 18 Commissioner reports? 19 COMMISSIONER LETZ: I've got one on that 20 topic somewhat. Those that do drive to Fredericksburg 21 probably have seen that there's a mountain of digging 22 and dirt at the entrance to Hidden Springs. That was an 23 overturned fuel truck. What all that digging is. So I 24 would anticipate there's going to be a huge amount of 25 digging out there likely, which may impact traffic flow 126 1 out there. I don't know if that's the case, but I asked 2 the developer what are y'all doing? And they said now 3 it's a fuel truck overturned. Someone's being taken to 4 the bank, it appears to me because they've gone through 5 two or three layers of solid rock going down. So 6 anyway. But they all had the dirt piled up. That's 7 what that is. 8 The other comment is that I had -- I met 9 after the last meeting with KPA, or a number from KPA on 10 the animal control facility. We got -- they had some 11 paperwork they gave me. I've also met with Peter Lewis 12 and he is working -- I think I met -- at the last 13 meeting there was -- I met with Peter and someone with 14 the City of Kerrville on various things and now he has 15 the contract he was going to hire an engineering firm, 16 maybe Mike Wellborn, to do the engineering portion of 17 the site. But that whole process is working. 18 The goal is to have a design sometime in 19 June of a new facility and it'll be a whole process. 20 Reagan and myself and Peter are kind of doing a lot of 21 figuring out square footages, trying to get an idea what 22 it's going to cost on the engineering side so, you know, 23 budget. He's pretty adamant that we don't end up 24 designing a floor plan that we can't afford. So we're 25 looking at -- anyway, all that is progressing. 127 1 And I'll just give updates to the Court. 2 Peter says that he's got no reason to come to Court and 3 make these. Just a waste to spend money and time. So 4 it's progressing. And I'll update as things change. 5 COMMISSIONER PACES: Can I just inform the 6 Court and the public that since I have received a few 7 e-mails from concerned citizens thinking that I might be 8 trying to stop this project or hold it up, it is 9 absolutely false. I can't and I don't want to. I 10 respect the will of the people that voted for the new 11 Animal Control facility. I only urge you to be patient 12 and if you do have any questions, direct them to 13 Commissioner Letz, who is actually working on this 14 project and not myself. 15 COMMISSIONER BELEW: Welcome to 16 Commissioners' Court. 17 JUDGE KELLY: Any other liaison reports? 18 COMMISSIONER BELEW: I wanted to say this 19 about what Commissioner Letz is just talking about. We 20 have the legislative session going on right now and 21 nobody knows but what they might have extra rules for us 22 about Animal Control. You never know. And that could 23 change. By the time we finish this session it could 24 happen. 25 COMMISSIONER LETZ: We're in -- oh, I'm 128 1 sorry. I'm wearing another hat. I worked with track 2 bills, and there are probably right now, I'd say, 30 to 3 40 bills impacting that people want to do that will 4 impact Animal Control. It's unbelievable the number. 5 I asked finally, why are we tracking all 6 these? And the reason was that people have hunting dogs 7 and they change the -- they chain them to things and 8 some of these rules make it illegal to use a chain. I 9 mean it -- and so it's a -- but I was just shocked at 10 the number of bills that are related to that. 11 So you're very -- you're quite right. They 12 may have revisions. And hopefully, you know, a lot of 13 them won't get passed but -- yeah. So not many make it 14 out, thank goodness. Good point. 15 JUDGE KELLY: Okay. Any other liaison 16 reports? Then with that we're going to -- we're going 17 to adjourn into Executive Session. We're going to take 18 up Item 1.25 on the agenda which we wanted to take up in 19 Executive Session, as well as 4.3(a) which is consider, 20 discuss and take appropriate action to sell property 21 located at 115 Valley View Road and 500 Ranchero Road. 22 We'll take those up in Executive Session. So we'll take 23 a five-minute break and reconvene. 24 (Break.) 25 (Executive Session.) 129 1 JUDGE KELLY: Okay. It's 12:03. We're 2 coming out of executive session, and I'll call the 3 action item 5.1. Action as may be required on matters 4 discussed in Executive Session. 5 So I make a motion that we appoint 6 Commissioner Belew to look into the sale of properties 7 at 115 Valley View and 500 Ranchero Road, and report 8 back as to the interest that the adjacent land owners 9 may have in purchasing the property or how we might 10 otherwise dispose of it. 11 COMMISSIONER LETZ: Second. 12 JUDGE KELLY: Got a motion and second. Any 13 discussion? Those in favor say aye. Opposed? 14 Unanimous. 15 And we are adjourned. 16 * * * * * * 17 18 19 20 21 22 23 24 25 130 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 10th day of February, A.D. 10 2023. 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