1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Regular Session 5 Monday, October 28, 2024 6 Commissioners' Courtroom 7 Kerr County Courthouse 8 Kerrville, Texas 78028 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 PRESENT: ROB KELLY, Kerr County Judge ANNE OVERBY, 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. 5 4 *** Commissioners' Comments. 11 5 1.1 Consider, discuss and take appropriate 14 action on request from the Kerrville Masonic 6 Lodge to use the courthouse grounds on April 5, 2025 for their annual car show. 7 1.2 Consider, discuss and take appropriate 15 8 action to appoint Kathy Simmons to Emergency Services District #1(ESD #1). 9 1.3 Consider, discuss and take appropriate 15 10 action to have the County Surveyor survey a portion of the Ingram Volunteer Fire 11 Department property for Emergency Services District #1(ESD #1), and have the County pay 12 the $1,500.00 fee. 13 1.4 Consider, discuss and take appropriate 21 action for the Court to set a public hearing 14 for 10:00 a.m. on December 9, 2024 for a Revision of Plat for Shadow Bluff Tract 8, 15 Plat File #21-07040. 16 1.5 Consider, discuss and take appropriate 25 action to authorize the County Judge to 17 execute a contract with Mustard Architects for architectural services associated with 18 retrofits for the Kerr County Indoor Arena, and East Addition located at 3782 State 19 Highway 27, Kerrville, Texas in an amount not to exceed $32,750.00, includes $1000.00 20 for reimbursable expenses, and retrofits for the building located at 550 Earl Garrett 21 Street, Kerrville, Texas in an amount not to exceed $16,325.00, includes $1,000 for 22 reimbursable expenses. 23 24 25 3 1 I-N-D-E-X 2 NO. PAGE 3 1.6 Consider, discuss and take appropriate 28 action to authorize the County Judge to 4 execute a contract with Keener Engineering Services, LLC for mechanical, electrical and 5 plumbing services associated with retrofits for the Kerr County Indoor Arena and East 6 Addition located at 3782 State Highway 27, Kerrville, Texas in an amount not to exceed 7 $32,500.00, includes $1,000 for reimbursable expenses, and retrofits for the building 8 located at 550 Earl Garrett Street, Kerrville, Texas in an amount not to exceed $9,450.00, 9 includes $1,000 for reimbursable expenses. 10 1.7 Consider, discuss and take appropriate 31 action to accept contingency funds in the 11 amount of $120,000.00 for the Operation Lone Star FY 2024 Grant(Grant #4587302) and 12 authorize the County Judge to certify the budget adjustment. 13 1.8 Consider, discuss and take appropriate 32 14 action to approve contracts with Hill Country Crisis Council, K'Star, Center Point 15 Volunteer Fire Department, Tierra Linda Volunteer Fire Department, and Ingram 16 Volunteer Fire Department. 17 1.9 Consider, discuss and take appropriate 33 action to rescind court orders 37057 and 18 37058, and approve new Kerr County Animal Services Advisory Committee Guidelines. 19 1.10 Consider, discuss and take appropriate 35 20 action to approve adjustments to construction and revised budget for the new Kerr County 21 Animal Services building, and authorize preparation of revised construction documents 22 and construction contract. 23 2.2 Pay Bills. 41 24 2.5 Accept Monthly Reports. 41 25 2.6 Court Orders. 42 4 1 I-N-D-E-X 2 NO. PAGE 3 1.11 Consider, discuss and take appropriate 42 action to open sealed Requests for Proposals 4 (RFPs) for construction services for the Kerr County Indoor Arena Re-roofing Project, using 5 previously allocated American Rescue Plan Act funds, and refer opened RFPs to the selection 6 review committee for recommendation to be brought back to the Court on November 12th, 7 2024 for potential award. 8 1.12 Discussion regarding eminent domain 46 proceedings for the acquisition of Fee Simple 9 Estate totaling 54.9 acres situated in the John Matchett Survey, Abstract No. 43 and 10 No. 243, Kerr County, Texas for future runway expansion, safety areas, and other improvement. 11 1.13 Consider, discuss and take appropriate 54 12 action on request to approve proposed Amended Operations Budget for FY 2024-2025 for the 13 Kerrville-Kerr County Airport. 14 3.2 Status reports from Elected Officials. 56 15 3.3 Status reports from Liaison Commissioners. 59 16 *** Adjournment. 60 17 *** Reporter's Certificate. 61 18 * * * * * * 19 20 21 22 23 24 25 5 1 JUDGE KELLY: Court will come to order. It 2 is Monday, October the 28th, 2024. It's 9 o'clock in 3 the morning and the Kerr County Commissioners' Court is 4 now in session. If you would, please stand for the 5 prayer and the pledge. 6 (Prayer and pledge) 7 JUDGE KELLY: Please be seated. Okay. The 8 first thing I ask you to do is to please turn your 9 phones off or to vibrate so they do not interrupt the 10 proceedings. The first order of business on a regular 11 Commissioners' Court meeting like today is public input. 12 And this is an opportunity for us to listen to the 13 public and receive input. It is not an opportunity for 14 us to return our output back to you. So if you want to 15 talk to us about something that's on the agenda, we ask 16 that you wait until that agenda item is called. If you 17 want to talk to us about something not on the agenda, 18 this is your opportunity. We ask that you identify 19 yourself and limit your remarks to no more than three 20 minutes. 21 Do we have any members of the public that 22 would like to offer input at this time? Yes, sir. 23 MR. BOERNER: Jeff Boerner, Kerr County and 24 Kendall County. I'd like to clear up a few comments and 25 outright lies made by Rob Kelly concerning the 6 1 establishment of the 391 commission who would help the 2 citizens of Kendall County and Kerr County. Comments 3 made October 13th Commissioners' Court. 4 COURT REPORTER: Could you please speak up a 5 little bit? 6 MR. BOERNER: -- devices and to provoke 7 anger to myself, my family, my friends and my neighbors 8 and other concerned taxpayers. First of all, there was 9 no mob at the meeting in the Comfort library, was 10 absolutely not a mob. The meeting was a peaceful 11 assembly of taxpayers of both counties, along with 12 officials that are here today. The meeting was to 13 obtain information to determine if the 391 commission 14 was a viable solution to the egregious invasion of our 15 property rights as taxpayers. 16 There was no pitchforks, torches, book 17 burning, setting cars on fire. Please ask anyone, other 18 than Rob Kelly, that was at the meeting and you'll get a 19 different response. Rob Kelly scurried out of the back 20 of the meeting early. Probably not liking what he was 21 hearing. The public comments from the bench was an 22 absolute lie. A power grab was absolutely the next 23 thing said. The idea that this was a power grab is also 24 absolutely false. Another complete lie. 25 We brought our concerns to both counties, 7 1 both sets of Commissioners, and have been afforded their 2 powers to help us, concerned taxpayers, who are trying 3 to regulate dangerous facilities located in our 4 communities to protect our natural resources, the land, 5 livestock, wildlife, and most of all, the health, safety 6 and welfare of the concerned taxpayers of our counties. 7 We have brought the solution and a 8 Resolution of our concerns to the County. The 391 9 Commission will include elected officials from both 10 counties. In other words, the County will get 11 representation. Funding for this 391 cannot come from 12 public funds. We will have -- we'll have to fund this 13 ourselves. So Miss Overby, there is no cost to the 14 County. Commissioner Letz, the County also doesn't have 15 this power, so you're not giving up something that you 16 don't have. 17 Funded by billionaires, that's pretty 18 ridiculous. So far, local citizens have solely funded 19 this endeavor themselves. The local people of these 20 counties have organized all the meetings, provided all 21 the research for their own -- from their own efforts. A 22 complete lie. I'm not sure I've ever met a billionaire. 23 Rob Kelly told me twice publicly, if you, 24 Rob Kelly, do not have the courage or integrity to help 25 your taxpayers, you should step aside. 8 1 JUDGE KELLY: Any other public input? 2 MRS. BOERNER: I would like to speak. My 3 name is Audrey BOerner, I'm Jeff's wife. I just want to 4 say a couple of comments straight. Terri Hall did not 5 organize the meeting; I did, Audrey BOerner. And I will 6 continue organizing these meetings between Kerr and 7 Kendall County. And I will continue to stand up and 8 fight for what I believe in. 9 Also, my husband and I are not bought and 10 paid for by any West Texas Billionaires or any other 11 manned organization. Jesus Christ has died and given 12 his blood and his body for us. He is the only one 13 that's paid for us. 14 I do not appreciate the comments that you 15 have made concerning us and the residents of Kerr 16 County. You should stick your facts straight before you 17 stand up there and say misleading things to disparage 18 our County and our citizens. You are a man of position, 19 and in position of authority, and you should set the 20 record straight and get them right before you speak on 21 them. 22 If you have any questions, you are more than 23 welcome to call me, e-mail me, text me, whatever y'all 24 would like to do. Any of y'all sitting up there. And 25 anybody in this audience. If you have any questions 9 1 about these battery energy storage systems, I am more 2 than happy to come and speak to y'all and help educate 3 it. Because I am totally opposed to them in our 4 counties or any County in the State of Texas. I 5 appreciate what all of y'all are doing up there. Please 6 keep God's wisdom and goodwill in this endeavor before 7 you start saying things that are misleading. Thank 8 y'all. 9 JUDGE KELLY: Any other public input? 10 MR. HOLT: Yes, sir. 11 JUDGE KELLY: Jeff. 12 MR. HOLT: Good morning, Court. Jeff Holt 13 here from Kerr County, Precinct 3, Cypress Creek. Just 14 want to reiterate what Jeff and Audrey were saying. I'm 15 going to take any emotion I have out of it. But I can 16 tell you, I do agree with everything they just said. 17 This all started out as a real grass roots movement and 18 I want to make sure the Court was aware of. It came out 19 of Comfort. They had significant concern. 20 I've been kind of hopefully even keel with 21 everyone to let you know what's going on with the 22 development of these things, the concerns that we have. 23 But I also look at it from the objective point of view. 24 I think y'all know that. And everything I'm going to 25 present is going to be from an objective point of view 10 1 about the good and the bad that these could bring to our 2 land, to our property. And to the potential that it 3 brings really. 4 So with that being said, anything that was 5 about a billionaire or backing or other grass movements 6 is just hogwash. Like plain and simple, these are local 7 people that have come together, that I know, that have 8 concerns over this, including what it can do to our 9 school, what it could do for our communities. 10 And the challenge for me is really to say 11 how nested it is between Kendall and Kerr, which is why 12 I believe the joint Kendall/Kerr 391 Commission still is 13 a good idea. Hopefully, we can come to that in the 14 future. I know it's not easy to form these commissions, 15 but I think it's important to help legislature come 16 together to limit the impact that these could 17 potentially have and maybe keep these on track. 18 I understand this is new ground that we're 19 walking and it's not comfortable sometimes. But I'm 20 going to get beyond politics to get to what we have is 21 good order and setting a framework for these maybe to be 22 regulated. Because right now it's just a wild west show 23 out there and they're free to come in and do whatever 24 site they want and that's what has me concerned. So 25 still believe in the 391. Just want to lay the record 11 1 straight. Thank you, Judge. 2 JUDGE KELLY: Any other public input? 3 Okay. We'll move on to the Commissioners' 4 Comments. One? 5 COMMISSIONER OVERBY: We're still waiting on 6 rain. I went and voted on Friday. And it was great to 7 see a real good turnout. Somebody may have numbers on 8 voting tallies, I'll let them add those in. But that's 9 all. 10 JUDGE KELLY: Two? 11 COMMISSIONER PACES: Okay. Well, Precinct 2 12 burn ban is still in effect. It is for all of the 13 precincts, so it's just so dry. Be very careful with 14 any activities that could lead to a fire. And 15 hopefully, we'll get some rain a little later this week. 16 I attended the indoor arena roof replacement 17 pre-bid meeting on the 15th and looking forward to 18 opening some -- what I hope are some good bids later 19 today in this meeting. 20 And I, too, voted last Friday. And although 21 I've heard it has been a really big turnout, I mean, I 22 didn't have a significant wait. Only one couple in 23 front of the line before me. So I congratulate the 24 election staff for, so far, it's been well run. 25 Just to let you know, I did hold two town 12 1 hall meetings on the 15th and the 24th covering a range 2 of topics from budget overview, an update on capital 3 projects and cost savings, elections, and battery energy 4 storage system issue and what we're trying to do about 5 it. 6 And last week, I attended the County Judges 7 and Commissioners Conference in San Marcos and what was 8 the best thing about it was I had the opportunity to 9 meet with Waller County Judge, Trey Duhon, to discuss 10 his experience where they did form a Chapter 391 SRPC 11 that was used to stop a high speed rail system that 12 TxDOT had planned to install through Waller County and 13 other counties. And he provided some very useful 14 insight and advice and also offered to meet with us, 15 possibly in person, but definitely by Zoom if we have 16 concerns that need to be addressed. That's all. 17 JUDGE KELLY: Three? 18 COMMISSIONER LETZ: We need rain. But I 19 visited with Nadene a few minutes ago and I can give you 20 a little bit of a voter history. We're a little over 21 15,000 people have voted in Kerr County so far. That's 22 about 37 percent of the registered voters. So it's 23 good. We have one week to go. And so the public is 24 aware, the polls are open through this Friday, 7:00 -- 25 7:00 to 7:00? 13 1 MS. ALFORD: Correct. 2 COMMISSIONER LETZ: 7:00 to 7:00. And 3 there's two locations, at the Hill Country Youth Event 4 Center and Ingram at the annex, correct? 5 COMMISSIONER HARRIS: Yeah. 510 College 6 Street. 7 COMMISSIONER LETZ: So, anyway, the voting 8 turnout looks very good. There is rain in the forecast. 9 Hopefully, it'll actually happen this week. 10 COMMISSIONER HARRIS: Yeah. It looks 11 promising. At least we've got a shot, which is better 12 than no shot. We'll see what happens. 13 A couple things coming up I want to mention 14 is this Friday, the Wild Game Dinner for Divide School 15 fundraiser out at the Divide VFD. It's always a good 16 event. It's well attended and everybody has a good 17 time. And there's a big assortment on the menu. Plus 18 those that don't like wild game, there's usually some 19 different things for them as well. So try to attend 20 that. I believe it runs from, like, 4:00 to 9:00 or 21 something like that. 5:00 to 9:00. 22 Also, November 7th the Sheriff's Foundation 23 is having their fundraiser at Arcadia. And that's a 24 good event to attend as well and -- and for a good 25 cause. They raise a lot of money from private funds 14 1 that helps our Sheriff's office. So that's it. 2 JUDGE KELLY: Okay. With that, we'll move 3 on to the consideration agenda. 4 Item 1.1 consider, discuss and take 5 appropriate action on a request from the Kerrville 6 Masonic Lodge to use the courthouse grounds on April 5, 7 2025, for their annual car show. Some familiar faces 8 here. 9 MR. STEELE: Yes, sir. Good morning, Judge 10 and Court. We're here to request the use of the 11 courthouse grounds again for our Third Annual Masonic 12 Car Show that we do every year to raise funds for 13 scholarships and other community projects that we have. 14 I believe y'all got a handout. We would 15 like to do it on April 5th of this year. If that's not 16 possible, our alternative date would be March 29th. 17 JUDGE KELLY: I think it's available. 18 COMMISSIONER HARRIS: So I'll move for 19 approval. 20 COMMISSIONER OVERBY: I'll second that. 21 JUDGE KELLY: Got a motion and a second to 22 approve April 5th for the Annual Masonic Lodge Car Show. 23 Any discussion? Those in favor say aye. Opposed? 24 Unanimous. Thank you. 25 MR. STEELE: Thank you. 15 1 COURT REPORTER: Excuse me. What was your 2 name? 3 JUDGE KELLY: Billy Steele. 4 MR. STEELE: Billy Steele. I'm sorry. 5 COURT REPORTER: Thank you. 6 JUDGE KELLY: I'm sorry. I knew who he was. 7 Item 1.2 consider, discuss and take 8 appropriate action to appoint Kathy Simmons to Emergency 9 Services District Number 1. Commissioner Harris. 10 COMMISSIONER HARRIS: Yes. I don't see 11 Kathy here. If you want to come up -- is she out there, 12 Sheriff? 13 SHERIFF LEITHA: No. 14 COMMISSIONER HARRIS: Okay. Well, I move to 15 put Kathy Simmons on ESD #1 board. We have a vacancy 16 and she's more than qualified. 17 COMMISSIONER PACES: I'll second. 18 JUDGE KELLY: Got a motion and a second to 19 appoint Kathy Simmons to the ESD #1 Board. Any 20 discussion? Those in favor say aye. Opposed? 21 Unanimous. 22 Move on to item number three. 1.3 consider, 23 discuss and take appropriate action to have the County 24 surveyor survey a portion of the Ingram Volunteer Fire 25 Department property for Emergency Services District 16 1 Number 1 and have the County pay the $1,500.00 fee. 2 All right. Chris Hughes. 3 MR. HUGHES: Good morning. Chris Hughes. 4 President of ESD 1. I guess we'll keep on with the ESD 5 theme. So, yeah, just that. We're requesting use of 6 the County surveyor to survey out a small plat around 7 the Ingram Fire Station. 8 And a little bit of history. Back in 1999, 9 Ingram Volunteer Fire Department and what became ESD 1 10 worked together to purchase around 39 acres of land 11 around Old Ingram Loop and build the existing fire 12 station. And ESD 1 kicked in about 56 percent of those 13 funds using taxpayers' money. Fire department kicked in 14 the remaining 44 percent. And regardless of how it's 15 funded, officially on the books all the building and the 16 land is 100 percent owned by the Ingram Volunteer Fire 17 Department. 18 In discussions with the Fire Department, 19 between the ESD and the fire department, we both agreed 20 that it's in the best interest of the community and the 21 district for the building and approximately two and a 22 half acres of land surrounding that building, so the 23 building, one of the helipads, essentially that upper -- 24 if you're familiar with the area, that raised area that 25 you see where the fire station is -- to carve that 17 1 section out and transfer ownership of that section from 2 the Volunteer Fire Department to the ESD. 3 Essentially, what that does is it puts 4 control of the valuable taxpayer asset under the ESD, 5 under a public entity, as opposed to under the control 6 of a contracted, private non-profit program. And I want 7 to be clear here, this move is not a reflection of our 8 relationship on -- between the ESD and the Volunteer 9 Fire Department. We're very pleased with everything 10 that they're doing out there. Chief Fox is doing a 11 great job. All that we're looking here is a change -- 12 there's no change in relationship, it's just a change on 13 a piece of paper on the ownership. 14 This will require a survey and surveys are 15 running around $1,500.00. And during that process it 16 was suggested that we come to you and request the County 17 surveyor perform that service for us and that's why 18 we're here. 19 COMMISSIONER HARRIS: Yeah. And I think -- 20 you know, we're requesting to use the County survey and 21 for the County to cover expense. And I understand that 22 this -- some of the old-timers here, this was done 23 before with Mountain Home VFD when they built their 24 facility out there on County land. 25 So I move that we -- that we -- the County 18 1 covers the $1,500.00 fee for this survey that ESD 1 and 2 the VFD is -- Ingram VFD is requesting. 3 COMMISSIONER OVERBY: I'll second that 4 motion. 5 JUDGE KELLY: Got a motion and a second. 6 COMMISSIONER PACES: I have some questions. 7 JUDGE KELLY: Sure. Discussion? 8 COMMISSIONER PACES: Yeah. Chris, do you 9 have anybody from the Volunteer Fire Department here? I 10 mean, I assume they approved this in one of their 11 meetings and there's minutes from the meetings that -- 12 MR. HUGHES: Yes. 13 COMMISSIONER PACES: -- they want to do 14 this? 15 MR. HUGHES: Yeah. I don't have anyone here 16 from the fire department. And actually, this has been 17 in discussion back and forth and they're 100 percent 18 behind this. 19 COMMISSIONER HARRIS: And I was at the last 20 ESD 1 meeting and VFD representatives were all there and 21 it was in discussion and knew that this was going to 22 take place. 23 COMMISSIONER PACES: That's fine. It's a 24 very different approach from the Center Point VFD and 25 how we want to manage assets that belong to the ESD 19 1 versus the Department. But if that's what -- 2 COMMISSIONER HARRIS: They're all -- they're 3 all run different. Boy, I can tell ya. 4 COMMISSIONER PACES: Yeah, I guess so. 5 COMMISSIONER LETZ: Chris, is there a reason 6 the rest of the property wouldn't be transferred to the 7 ESD? 8 MR. HUGHES: Really, I mean that's -- since 9 it is a 100 percent owned and they did chip in, you 10 know, approximately half, you know, we didn't think it 11 would be right for the entire asset to move over to the 12 ESD. 13 COMMISSIONER LETZ: Okay. 14 MR. HUGHES: And operationally speaking, 15 that land down there doesn't -- doesn't do the community 16 any good. You know, that's a nice asset for the 17 Volunteer Fire Department to have. To keep. Use it for 18 income generation. For events. For training. That's 19 the purpose of that land. All we're concerned about is 20 the fire station and the helipad and just keeping that 21 under the ESD control. 22 COMMISSIONER LETZ: Just curious. 23 MR. HUGHES: Yeah. 24 COMMISSIONER LETZ: That's fine. 25 JUDGE KELLY: And just to clarify, there's 20 1 going to be a long-term lease with the Volunteer Fire 2 Department to operate their facility, right? 3 MR. HUGHES: It could be -- well, certainly 4 a year-to-year lease, but yes. It's a contract in 5 entity between the ESD and the Volunteer Fire 6 Department. So they -- they continue to use it just as 7 they're using it now. 8 JUDGE KELLY: Okay. Well, I just want to 9 clarify that the intent is for the ESD to provide the 10 facilities for the VFD to operate. 11 MR. HUGHES: Correct. The ESD, as an 12 organization, has no use for that station other than to 13 let a qualifying fire department use that station. 14 JUDGE KELLY: Anything else? Those in favor 15 say aye. Opposed? Unanimous. 16 MR. HUGHES: Thank you. 17 COMMISSIONER LETZ: The funds -- I do have a 18 quick question. Administratively, where do the funds 19 come from? 20 COMMISSIONER HARRIS: I don't know. We'll 21 figure that out with Tanya, I guess. 22 MRS. SHELTON: Professional services. 23 COMMISSIONER LETZ: Professional services? 24 That'll work. Good. Okay. 25 JUDGE KELLY: Okay. Moving on to the 21 1 next -- our last timed item this morning is 1.4 2 consider, discuss and take appropriate action for the 3 Court to set a public hearing for 10:00 a.m. on December 4 the 9th, 2024 for a Revision of Plat of Shadow Bluff 5 Tract 8, Plat File No. 21-0740 -- let me say it again -- 6 21-07040. 7 And this is Bobby Gore. 8 MR. GORE: Good morning, Judge. 9 Commissioners. This proposal revises Tract 8, which is 10 a total of 32.33 acres, into three lots. Two lots will 11 be 10.01 acres fronting on Bear Creek Scout Road, and 12 one lot will be 12.31 acres fronting on Cedar Cliff 13 Loop. 14 Shadow Bluff was platted in 2021 with a 15 total of eight lots and this proposal will revise it to 16 a new total of ten lots. Senate Bill 2440 requires a 17 water availability study for subdivisions. But it 18 allows the Court to consider "credible" evidence in lieu 19 of water availability studies when a subdivision results 20 in no more than ten tracts. According to Headwaters 21 Groundwater Conservation District, this proposal meets 22 their requirements for individual wells. Of course, 23 this reflects it's just set for public hearing. 24 The County Engineer requests the Court set a 25 public hearing for 10:00 a.m. on December 9, 2024 for a 22 1 Revision of Plat for Shadow Bluff Tract 8, Plat File 2 No. 21-07040. Precinct 4. 3 COMMISSIONER HARRIS: I move for approval. 4 COMMISSIONER LETZ: Second. 5 JUDGE KELLY: Got a motion and a second to 6 approve setting a public hearing for December the 9th at 7 10:00 a.m. for the Revision of Plat for Shadow Bluff 8 Tract No. 8. Any discussion? 9 COMMISSIONER PACES: Bobby, can you tell me 10 has any credible evidence been presented or did we just 11 get Headwaters to say it's okay? 12 MR. GORE: Well, nobody's going to guarantee 13 that water is there, but it does fall within that 14 criteria. For instance, we even have a -- something 15 written in our regulations currently spelled out for it. 16 That Senate bill kind of trumped our rule. We had it, I 17 think, up to 20 lots. That Senate bill trumps that, 18 which reduces it down to ten. 19 Again, this one's just to set a public 20 hearing. But the Court could consider the fact that it 21 would be that it falls within Headwaters requirements or 22 meets their requirements. 23 COMMISSIONER PACES: That's fine. And look, 24 I'm fine with the public hearing, but I would encourage 25 Headwaters Groundwater Conservation District to actually 23 1 explain what the credible evidence is. 2 MR. JONES: You want me to speak to that? 3 COMMISSIONER PACES: Did you fill out a form 4 to speak? 5 MR. JONES: I talked to Charlie about this. 6 TCEQ does not define credible evidence. You can't 7 define it. And so, Headwaters has no jurisdiction over 8 that. All we have jurisdiction over, is if they're over 9 ten acre lots. But when I talked to Charlie I said, 10 credible evidence for something like this, the simple 11 solution would be see if there's a couple wells out 12 there already. And then go over to our geologists and 13 get them to show that they sit on top of the aquifer. 14 Then you'll have credible evidence. That's as good a 15 definition as you'll ever get for that. 16 COMMISSIONER PACES: Okay. 17 MR. JONES: Because there is no such -- 18 there's no terminology that's been defined by TCEQ yet. 19 And we have no jurisdiction over that. 20 COMMISSIONER PACES: Yeah, I understand. 21 I'm just hoping that in the public hearing we'll kind of 22 readdress that or whatever. Let's -- let's put it out 23 there so everybody's aware and on the same page. 24 COMMISSIONER LETZ: I think that -- I mean, 25 that's fine. But, to me, there's no guarantee you drill 24 1 anywhere -- anywhere that there's going to be water. 2 But there's a pretty strong likelihood that most 3 anywhere in this county you drill a well you will hit 4 water. May not be a lot, but you're going to hit water. 5 So I think the fact that -- I don't know of any areas 6 where there is no water. It's credible evidence to me 7 that there is water pretty much under the County. And I 8 think that -- it's kind of ridiculous to start asking 9 for, you know, credible evidence when we don't even know 10 what that means. 11 COMMISSIONER PACES: Well, and that's the 12 whole point is this -- 13 MR. JONES: But by the rule, the Court has 14 the discretion -- 15 COMMISSIONER PACES: -- to understand what 16 it means and what it doesn't mean. 17 COMMISSIONER LETZ: Right. 18 COMMISSIONER PACES: And that's my only 19 intent. I -- I agree with you. I'm not overly 20 concerned if it's over ten acres. 21 COMMISSIONER LETZ: Right. 22 COMMISSIONER PACES: But since the SB bill 23 came out, this is kind of the first case. 24 COMMISSIONER LETZ: Yeah. And I think we 25 can say that -- 25 1 COMMISSIONER PACES: What does it really 2 mean? 3 COMMISSIONER LETZ: -- in general that there 4 is water in Kerr County. 5 COMMISSIONER OVERBY: Yeah. The Court can. 6 COMMISSIONER PACES: So far. 7 COMMISSIONER LETZ: Yeah. 8 COMMISSIONER PACES: There are wells going 9 dry. Maybe not in this area but -- 10 MR. GORE: And, you know, just for -- 11 COMMISSIONER LETZ: Well, they go deeper if 12 there is water. 13 COMMISSIONER PACES: Yeah. 14 COMMISSIONER OVERBY: Yeah. 15 MR. GORE: For what it's worth, this was 16 platted only three years ago as five acre lots in '07 17 and so, of course, we're doubling the sizes on these 18 proposals. 19 COMMISSIONER LETZ: Okay. 20 JUDGE KELLY: Okay. This is for a vote 21 which is to set a public meeting for December the 9th, 22 10:00 a.m. Those in favor say aye. Opposed? 23 Unanimous. Thank you. 24 Moving on to Item 1.5 consider, discuss and 25 take appropriate action to authorize the County Judge to 26 1 execute a contract with Mustard Architects for 2 architectural services associated with retrofits for the 3 Kerr County Indoor Arena and East Addition located at 4 3782 State Highway 27, Kerrville, Texas in an amount not 5 to exceed $32,750.00, which includes $1000.00 6 reimbursable expenses, and retrofits for the building 7 located at 550 Earl Garrett Street, Kerrville, Texas in 8 an amount not to exceed $16,325.00, which includes the 9 $1,000 reimbursable expense. All in Precinct 2. 10 COMMISSIONER PACES: Yeah. So Charlie 11 couldn't be here today. He prepared all the backup 12 information as has been pointed out. We went through an 13 RFQ process to identify the best qualified architect for 14 services with respect to the Indoor Arena at the Youth 15 Event Center. And this is now based on the scope of 16 work that we reviewed and approved. 17 And it's all been passed through the County 18 Attorney, that we would like to go ahead and award this 19 contract based on the estimates here, which does include 20 an extra thousand dollars for reimbursable expenses in 21 the event that we have an extra meeting or two. 22 So with that, I'll move to approve and 23 authorize the County Judge to execute a contract with 24 Mustard Architects for architectural services associated 25 with retrofits for the Kerr County Indoor Arena and East 27 1 Addition, and the amount for the contract shall not 2 exceed $32,750.00. And then there will also be a 3 separate contract for retrofits to the building located 4 at 550 Earl Garrett Street for an amount not to exceed 5 16,300.00, and that's for the modifications required for 6 the adult probation move. 7 MRS. STEBBINS: This contract is for both of 8 those services. Both scopes of work have been attached. 9 There are a couple of modifications I need to make to 10 the contract that don't substantially alter the 11 contract. But this is for both buildings -- or 12 projects. 13 JUDGE KELLY: You got a motion. 14 COMMISSIONER LETZ: I'll second. 15 COMMISSIONER PACES: Thank you. 16 JUDGE KELLY: Okay. 17 COMMISSIONER LETZ: So the idea is that 18 they're going to come up with building those plans and 19 those plans will be put out for bid then? 20 COMMISSIONER PACES: Yeah. Correct. Yes. 21 Exactly. For both. Now we're actually getting ahead of 22 them then on the Indoor Arena. You know, the main 23 thrust of the money that this Court has budgeted this 24 year is to replace the roof, and hopefully do the 25 electrical upgrades. Which, of course, we will need 28 1 some particularly NFE engineering services which is the 2 next agenda item to do that. But in particular for all 3 of the other work that I presented to the Court, we're 4 going to need architectural input to get permits and 5 designs of all the different systems for that project. 6 And hopefully we'll get done in time before the next 7 budget and we can decide what we want to tack on next 8 year's budget. 9 COMMISSIONER LETZ: The -- so this is plans 10 for next year, for 2025-2026? 11 COMMISSIONER PACES: Well, not the 550 Earl 12 Garrett. That's in the budget to do everything that's 13 required at 550 Earl Garrett. Sot that -- that work is 14 probably the priority for this -- both the architect and 15 the engineer so that we can get that going. But the 16 scope for the Indoor Arena really isn't for this year, 17 it's to prepare for next year's budget. So that we have 18 all the designs ready to go and we can decide -- well, 19 be prepared to go out for bid and the Court can decide 20 what we want to do next year. 21 COMMISSIONER LETZ: Okay. 22 JUDGE KELLY: Any other discussion? Those 23 in favor of entering into this contract with Mustard 24 Architects as presented, say aye. Opposed? Unanimous. 25 Moving on to Item 1.6 consider, discuss and 29 1 take appropriate action to authorize the County Judge to 2 execute a contract with Keener Engineering Services, LLC 3 for mechanical, electrical and plumbing services 4 associated with retrofits for the Kerr County Indoor 5 Arena and East Addition, located at 3782 State Highway 6 27, Kerrville, Texas in an amount not to exceed 7 $32,500.00, which includes $1,000 for reimbursable 8 expenses, and retrofits for the building located at 9 550 Earl Garrett Street, Kerrville, Texas in an amount 10 not to exceed $9,450.00, which includes $1,000 for 11 reimbursable expenses. 12 COMMISSIONER PACES: Okay. And again, 13 Charlie Hastings did a nice write up in support of this 14 agenda item. And as we've already kind of discussed on 15 the last agenda item, this is for the engineering 16 services for the same two projects. So they're asking 17 for $32,500.00 for the retrofits of the 550 Earl Garrett 18 Street building. And that one is, again, the priority 19 to get this work done. Sorry. That's the amount for 20 the Youth Event Center. 21 And the $32,500.00 covers, you know, 22 eventually when we go to a concrete floor and getting 23 all the new plumbing and electrical and, you know, we're 24 going to have wash down pens and toilets and showers. 25 And an upgrade of lights and ventilation fans. So all 30 1 that's going to be properly engineered by Keener 2 Engineering. And again, we went through an RFQ process 3 to select Keener as the best qualified engineering firm 4 with respect to mechanical, electrical, and plumbing 5 services. So the $32,500.00 is for the Indoor Arena. 6 And then they're also going to be required for the 7 550 Earl Garrett Street building, and that amount is not 8 to exceed $9,450.00. 9 MRS. STEBBINS: That contract also needs a 10 couple of modifications that I'll submit to Jody later. 11 COMMISSIONER LETZ: I'll second. 12 JUDGE KELLY: We've got a motion and a 13 second to approve the engineering contracts as 14 presented. Any discussion? 15 COMMISSIONER LETZ: Question. This really 16 goes back to both of them. It's an awful lot of money 17 to spend on the AG barn for something that may not ever 18 happen. 19 COMMISSIONER PACES: Well, if we don't spend 20 the money then, again, it doesn't really happen. 21 COMMISSIONER LETZ: But we -- we -- 22 COMMISSIONER PACES: And we do have enough 23 money in this year's budget to cover this. Because we 24 can't do the electrical work without doing this. 25 COMMISSIONER LETZ: Well, I mean -- oh. At 31 1 the AG barn, you can't? 2 COMMISSIONER PACES: Yes. 3 COMMISSIONER LETZ: Okay. All right. 4 COMMISSIONER HARRIS: They're going to need 5 more then we're ready to -- 6 COMMISSIONER PACES: Well, they're going to 7 do a little bit more than what we're needing right now. 8 But it's moving forward and being ready. 9 COMMISSIONER HARRIS: That's right. 10 COMMISSIONER PACES: I mean, it'll be up to 11 this Court to decide what -- what else we're going to do 12 next in that subsequent fiscal budget. 13 COMMISSIONER HARRIS: And if we -- 14 COMMISSIONER PACES: But at least we'll 15 be -- 16 COMMISSIONER HARRIS: It'll end up costing 17 us more in the long run. 18 JUDGE KELLY: We've got a motion and a 19 second to approve entering into the engineering contract 20 with Keener Engineering as presented. Anymore 21 discussion? Those in favor say aye. Opposed? 22 Unanimous. 23 Moving on to Item 1.7 consider, discuss and 24 take appropriate action to accept contingency funds in 25 the amount of $120,000.00 for the Operation Lone Star FY 32 1 2024 grant and authorize the County Judge to certify the 2 budget adjustment. Lieutenant Gaige. 3 LIEUTENANT GAIGE: Good morning, Judge, 4 Court. Back a few weeks ago, I spoke about some funds 5 that are going to be adjusted to us from the Governor's 6 Office for Operation Lone Star. So they added that into 7 the grants as a contingency fund. Traditionally with 8 the award, potentially with the grants and the award, 9 but since they're continuing the project until August of 10 next year, they just granted us the funds of $120,000 as 11 contingency funds. So it's just kind of a grant 12 adjustment. Our understanding is it's mutual and verify 13 that adjustment and then we'll be able to go and move 14 that $120,000 out of contingency and move it to where we 15 need it within the grant. 16 COMMISSIONER HARRIS: I move for approval. 17 COMMISSIONER OVERBY: I'll second. 18 JUDGE KELLY: Got a motion and second to 19 approve accepting the contingency funds in the amount of 20 $120,000 for the Operation Lone Star grant as presented. 21 Any further discussion? Those in favor say aye. 22 Opposed? Unanimous. Thank you. 23 Item 1.8 consider, discuss and take 24 appropriate action to approve the contracts with the 25 Hill Country Crisis Council, K'Star, Center Point 33 1 Volunteer Fire Department, Tierra Linda Volunteer Fire 2 Department, and Ingram Volunteer Fire Department. 3 These are all routine, we do them every 4 year. We just need to get them on the agenda and get 5 them approved. 6 COMMISSIONER PACES: Move for approval. 7 COMMISSIONER HARRIS: Second. 8 JUDGE KELLY: Got a motion and a second to 9 approve the contracts as presented. Any discussion? 10 Those in favor say aye. Opposed? Motion carries. 11 Item 1.9 consider, discuss and take 12 appropriate action to rescind court orders 37057 and 13 37058, and approve the new Kerr County Animal Services 14 advisory committee guidelines. 15 COMMISSIONER LETZ: There won't be any 16 action on this today because we don't have the new 17 guidelines written. So that's on me. 18 But what this is really about is Karen 19 Guerriero, who is appointed -- under our current court 20 orders, the City appointed Karen Guerriero to be on the 21 Board. Karen wants to get off the Board and have Karen 22 Johnson be her replacement. But that takes City action 23 right now because it's a City appointment; not a County 24 appointment. And at the time -- and this was all done 25 years ago, as part of -- I won't go into the history. 34 1 But years ago as part of us working together. 2 COMMISSIONER OVERBY: A county thing. 3 JUDGE KELLY: This is back when Commissioner 4 Moser was here. 5 COMMISSIONER LETZ: Yeah. So -- and the 6 other thing is that the -- the committee -- how it's 7 more -- the way it's doing things is very different than 8 what was actually in that court order. It's very 9 specific in the court order what that committee is 10 doing. It's now truly an advisory committee on lots of 11 issues, so I think that court order needs to be updated 12 to do whatever the committee is actually doing. Not to 13 get rid of the committee. There's no intent there. 14 And also to -- I will visit with the City, 15 but I don't think there's any reason for the City to 16 have an appointee on this anymore. We can have a City 17 resident. But anyway, so it's just kind of to clean it 18 up as times have changed and Karen wants off due to her 19 schedule. But if she gets off, then there's -- we're 20 down a representative. Because it's a City 21 representative. So anyway, I'll get that drafted for 22 our next meeting. And just wanted to update as to why 23 it's here. 24 COMMISSIONER PACES: Yeah, because I thought 25 we kind of severed the Interlocal Agreement between the 35 1 County and the City -- 2 COMMISSIONER LETZ: Well, we did. We 3 severed the agreement. We just didn't change this Court 4 order. 5 COMMISSIONER PACES: Yeah. So I'm -- as you 6 stated, I'm happy to have representation and have an 7 advisory committee but -- 8 COMMISSIONER LETZ: Yeah. 9 COMMISSIONER PACES: -- it shouldn't -- 10 COMMISSIONER LETZ: It needs to be -- it 11 needs to be made simpler. 12 COMMISSIONER PACES: Yeah. 13 COMMISSIONER LETZ: So anyway. That'll 14 be -- 15 COMMISSIONER PACES: To be revised. 16 COMMISSIONER LETZ: To be revised and 17 hopefully at our next meeting we'll have that done. 18 JUDGE KELLY: The next agenda item is 1.10 19 consider, discuss and take appropriate action to approve 20 adjustments to construction and revised budget for the 21 new Kerr County Animal Services building, and authorize 22 preparation of revised construction documents and 23 construction contract. 24 COMMISSIONER LETZ: I think in the agenda 25 package it came up with the adjustments to the bid that 36 1 was submitted by JK Bernhard, who is the low contractor. 2 The amount does come in higher than the actual bond 3 amount. It's at $5,829,876.45. 4 The last meeting that I did mention a little 5 bit -- that there was a little bit of savings that the 6 Court could by not including the euthanasia little area. 7 That the benefit of doing that probably would save 8 somewhere 40 to $50,000.00. And it would -- the cost to 9 add it later would be triple that, double that, who 10 knows what. So that is included to keep that. You can 11 see at the top those items were deducted from the 12 original bid. I will note that the rainwater collection 13 is paid for by a grant. It's still going in but it's 14 paid for by a grant, or the majority will be paid for by 15 a grant. So anyway. Here's the number. It's over. I 16 visited with Tanya this morning briefly. 17 Based on what's already been spent on 18 architectural fees and all that, we're $5,600,000-some 19 odd, so it's about $200,000 over what is left. Those 20 funds are recommended to come from contingency. But I 21 don't -- you know, it's a facility that's been approved. 22 And we're slightly over budget. So I'll make a motion 23 to approve the final price of $5,829,876.45 to be the 24 contract with JK Bernhard. 25 COMMISSIONER HARRIS: Second. 37 1 JUDGE KELLY: Got a motion and a second to 2 approve the revised budget for the Kerr County Animal 3 Services building as presented. Any discussion? 4 COMMISSIONER LETZ: And what this does, this 5 authorizes the contract to be prepared, and Peter Lewis 6 to update the drawings to reflect these changes. 7 COMMISSIONER HARRIS: I don't like it going 8 over, but this is a lot better than the last time we 9 looked at it. With significant cuts, a little over 10 200,000 over, to me that's liveable compared to what we 11 were looking at. 12 COMMISSIONER OVERBY: Agreed. 13 COMMISSIONER HARRIS: You know, basically a 14 million over before. So -- 15 COMMISSIONER PACES: My question is, what's 16 not in here that you or someone is going to come back 17 and ask that we need to spend more money? Because you 18 kind of alluded that there might be some other things so 19 that -- that's -- 20 COMMISSIONER LETZ: The things that are not 21 included are paving the road. The sealcoat on the road. 22 And there's the -- there's a fencing that will be 23 required around the facility, to contain the facility. 24 That's not included. And then interior furnishings, 25 including the kennels are not included. 38 1 COMMISSIONER HARRIS: They're at the top of 2 that page on the backup. 3 COMMISSIONER LETZ: Yeah. So those are the 4 main items that are, the main item. So -- 5 COMMISSIONER HARRIS: The one that jumped 6 out at me in your -- that was taken away was the 7 rainwater. But I'm glad to hear that the grants are, 8 you know -- 9 COMMISSIONER LETZ: Covering that. 10 COMMISSIONER HARRIS: -- covering it. 11 COMMISSIONER LETZ: But I mean the others -- 12 the three items I just mentioned are -- well, I guess -- 13 I don't know if the kennels are on the interior stuff. 14 It's not. But anyway. Those are the items. And the 15 kennels, we're looking at a number of different bids. 16 Options, at that. And trying to figure out and sort it 17 out between -- that will be coming back at a future date 18 for some of the interior items. 19 And I talked to Tanya briefly. We need to 20 look back at the budget. I know some funds were 21 budgeted for those items. I'm not sure how much that -- 22 what that total amount is. On the -- and I'll get with 23 Road -- 24 COMMISSIONER PACES: Ballpark? A couple 25 hundred thousand dollars? 39 1 COMMISSIONER LETZ: A couple hundred 2 thousand. But I do want to -- want to get this contract 3 done. I'm going to visit with Charlie on the road 4 construction a little bit. And Kelly. The contractor 5 or the -- I guess it's the engineer that did the road 6 specs, is putting in 12-inch base. Which is a -- is 7 expensive. It's a long road. We redid the sealcoating 8 on it. 9 And the reason was, I saw the e-mail that 10 came back from them, was that heavy truck traffic. 11 Well, I don't know that they understand what this 12 facility really is. I don't want to get into that 13 detail right now. I want Charlie to look at the 14 specifications and there may be a way for us to take 15 that out of the -- the road out of it. Out of the 16 contract. And do it through Road & Bridge through a 17 special project. There may be some options to save some 18 there because that amount of base is pretty expensive. 19 So -- 20 But we still want to -- we need to get this 21 contract going so that they can start -- Peter can start 22 finalizing the drawings. And then they can start 23 ordering materials and get things going before materials 24 go up even higher. 25 COMMISSIONER PACES: I'm just very concerned 40 1 that we're well over the bond amount. And particularly 2 that we're not getting and addressing the kennels and 3 fencing and a portion of the pavement and the -- and to 4 me, that -- I just recognize the importance of having 5 the facility. The voters voted for it, 55 percent I 6 believe. I don't oppose it but I'm disappointed that -- 7 JUDGE KELLY: Well, kick yourself in the 8 foot. We gotta do this thing. And the sooner we do it, 9 the better -- more cost effective it's going to be. If 10 we keep dragging it out, it's going to make it more 11 expensive and we're going to be between a rock and a 12 hard place. 13 COMMISSIONER PACES: Well, I want to be real 14 clear. I don't drag anything out. This Court hasn't 15 dragged anything out. 16 COMMISSIONER LETZ: Well, I think you did. 17 But anyway, we're not going to go -- we don't need to go 18 down that path as to why it got delayed. And no one saw 19 about 17 percent inflation. And, you know, that goes to 20 a little bit of the comments made on the Youth Event 21 Center. Hopefully, there's no numbers coming to that 22 that we're going to base anything on because we have 23 found that with the inflation where it currently is, you 24 better put a pretty high escalator in there on any 25 future projects. 41 1 JUDGE KELLY: So we got a motion and a 2 second to approve the revised budget as presented of the 3 Animal Services building. Any other discussion? Those 4 in favor say aye. Opposed? Unanimous. 5 Okay. We've got all -- we've got the next 6 three items are timed. The next four items. So we can 7 probably squeeze in some of the approval agenda. 8 So let's go to 2.1, which are budget 9 amendments. 10 MRS. SHELTON: There are not any budget 11 amendments. 12 COMMISSIONER PACES: That's what I thought. 13 JUDGE KELLY: 2.2 pay bills. 14 MRS. SHELTON: Invoices for today's 15 consideration amount to $1,727,454.65. 16 COMMISSIONER HARRIS: I move for approval. 17 COMMISSIONER OVERBY: I'll second. 18 JUDGE KELLY: Got a motion and a second to 19 approve paying the bills as presented. Any discussion? 20 Those in favor say aye. Opposed? Unanimous. 21 2.3 late bills. 22 MRS. SHELTON: There are not any. 23 JUDGE KELLY: 2.4 Auditor reports. 24 MRS. SHELTON: There are not any. 25 JUDGE KELLY: Very good. And then 2.5 42 1 monthly reports. 2 COMMISSIONER HARRIS: Yes. For September, 3 2024. Environmental Health, OSSF, Director Ashli 4 Badders. Environmental Health and Animal Services. 5 Director, Reagan Givens. Treasurer's report, County 6 Treasurer, Tracy Soldan. I move for approval. 7 COMMISSIONER PACES: Second. 8 JUDGE KELLY: Got a motion and a second to 9 approve the monthly reports as presented. Any 10 discussion? Those in favor say aye. Opposed? 11 Unanimous. 12 2.6 court orders. 13 COMMISSIONER LETZ: We have our court orders 14 from our October 15th meeting, Numbers 40906 through 15 40942. They all look to be in order. Move for 16 approval. 17 COMMISSIONER HARRIS: Second. 18 JUDGE KELLY: Got a motion and a second to 19 approve the court orders as presented. Any discussion? 20 Those in favor say aye. Opposed? Unanimous. 21 Still got a little bit of time. Let's go 22 ahead and take our break. We'll come back at 10 o'clock 23 for our timed items. 24 (Break) 25 JUDGE KELLY: Okay. Court will come back to 43 1 order. Next item on the agenda is item 1.11 consider, 2 discuss and take appropriate action to open sealed 3 Requests for Proposals for construction services for 4 Kerr County Indoor Arena Re-roofing Project, using 5 previously allocated American Rescue Plan Act funds and 6 refer opened RFPs to the selection review committee for 7 recommendation to be brought back to the Court on 8 November 12th, 2024, for potential award. 9 MRS. GRINSTEAD: Judge, is this for the RFPs 10 that went out for the re-roofing project. The Court 11 approved that RFP on September 23rd. It was published 12 the 25th and October 2nd, with bids due this past 13 Friday, October 25th at 2:00 p.m. And we have received 14 some. I don't know how many. 15 And then the selection review committee will 16 bring those back with recommendations on November the 17 12th with recommendations. 18 JUDGE KELLY: And this is not Miss Putnam or 19 Mr. Hastings. 20 MRS. GRINSTEAD: No. Neither one of them 21 could make it. It falls to me. 22 COMMISSIONER LETZ: I'm trying to figure out 23 how they bid this. 24 COMMISSIONER PACES: There are two options. 25 I don't know if that's helpful or not but that's -- 44 1 COMMISSIONER LETZ: Well, there's -- I'll 2 read them out. 3 COMMISSIONER PACES: Okay. 4 COMMISSIONER LETZ: We can probably -- we're 5 going to end up accepting them all and referring them 6 for evaluation. 7 COMMISSIONER PACES: Sure. 8 COMMISSIONER LETZ: The first part -- the 9 first one is $495,602.63. And then there's a second bid 10 for $761,516.00. And this is from Albert Martinez 11 Roofing Construction, LLC. 12 This is from Alto Vista Roofing, Inc. Their 13 first one is $665,000.00, and their second one is 14 $809,500.00. 15 One from Buckhorn Roofing, LLC. The first 16 page is $499,375.00, and the second page is $883,066.00. 17 And from Advantage USAA, Inc. First bid is 18 for $1,172,260.00. And their second page is 19 $847,300.00. 20 And those are the three bids we got. 21 COMMISSIONER PACES: Four. There's four. 22 There should be four. 23 COMMISSIONER LETZ: Four bids we got. And I 24 make a motion to accept all bids and refer them to the 25 team previously -- the committee for evaluation and 45 1 recommendation. 2 COMMISSIONER PACES: I'll second. 3 JUDGE KELLY: Got a motion and a second to 4 accept the bids as presented and refer them to the 5 review committee. Any discussion? Those in favor say 6 aye. Opposed? Unanimous. 7 Who do we give these to? 8 COMMISSIONER LETZ: Let me give them back to 9 Nadene. She has to get them and log them in. 10 COMMISSIONER PACES: That's fine. 11 JUDGE KELLY: Okay. Next item on the agenda 12 is Item 1.12 discussion regarding eminent domain 13 proceedings for the -- 14 COMMISSIONER HARRIS: It's at 10:30. 15 COMMISSIONER OVERBY: 10:30. 16 JUDGE KELLY: Oh, 10:30. Oh my goodness. 17 COMMISSIONER OVERBY: Do we have an 18 Executive Session we could go into? 19 JUDGE KELLY: We do. Let's adjourn into 20 Executive Session. We have a few items that we can take 21 care of pretty quickly, I think. And plan to come back 22 at 10:30. So with that, we're going into Executive 23 Session. 24 (Executive Session) 25 JUDGE KELLY: We've got two 10:30 timed 46 1 items. First one is Item 1.12 discussion regarding 2 eminent domain proceedings for the acquisition of fee 3 simple estate totaling 54.9 acres situated in the John 4 Matchett Survey, Abstract No. 43 and No., Kerr County, 5 Texas for future runway expansion, safety areas, and 6 other improvements. Mr. Munoz. 7 MR. MUNOZ: Good morning, everyone. Thank 8 you for your time. As you know, we are in the process 9 of reviewing the required 54.9 acres that takes us to 10 the airport along Airport Loop and 27. We've been 11 negotiating with the developer for some time, for a 12 couple years now. Have not been able to come to a 13 consensus on the purchase price. We did have -- issue a 14 final offer. That offer was rejected. 15 So we presented the City a couple months ago 16 with a Resolution authorizing their use of eminent 17 domain. We did appeal to the Attorney General's Office 18 to the TxDOT General Aviation Department. General 19 Aviation Department notified us that the AG's Office 20 declined our petition to proceed with eminent domain, 21 which means it falls on the County, the City, the Joint 22 Airport Board to proceed under eminent domain. 23 So what we're doing is we have a Resolution 24 before you, asking that you proceed with eminent domain. 25 We have a Resolution in the next two weeks before the 47 1 Airport Board goes through, asking and petitioning the 2 Court and the City for that Resolution to be adopted. 3 We also on the November 12th agenda for the City for the 4 same Resolution. 5 Both parties, since they jointly own the 6 airport, have to proceed with eminent domain, even 7 though the property is outside the City limits and ETJ. 8 Since they are joint owners, they have to proceed with 9 eminent domain. So we'll be approaching them as well. 10 So we look forward to favorable consideration. 11 COMMISSIONER LETZ: What's the most recent 12 offer that we've made dollar wise and the most recent -- 13 JUDGE KELLY: Do we want to talk about that 14 publicly? 15 COMMISSIONER LETZ: It's public, isn't it? 16 COMMISSIONER HARRIS: Yeah. I want to talk 17 about it. I want to see what the disparity is. 18 COMMISSIONER HARRIS: What's the appraisal 19 value? 20 MR. MUNOZ: It was -- we did it at 2.2 21 million. 22 COMMISSIONER HARRIS: Okay. 23 JUDGE KELLY: That was the offer or the 24 appraisal? 25 MR. MUNOZ: That was the appraisal. 48 1 JUDGE KELLY: Okay. 2 MR. MUNOZ: Correct? 3 VOICE: No. That's -- the appraisal was 4 lower. 5 MR. MUNOZ: 1.8. 6 COMMISSIONER HARRIS: 1.8 and y'all offered 7 2.4? 8 MR. MUNOZ: 2.2. 9 COMMISSIONER HARRIS: 2.2. 10 MR. MUNOZ: They came back at four and a 11 half million, I believe. 12 COMMISSIONER HARRIS: That's what needs to 13 be brought out. 14 MR. MUNOZ: Right. 15 COMMISSIONER HARRIS: Eminent domain, boy, 16 that gets my feathers ruffled. Unless it's just way out 17 of line. 18 COMMISSIONER LETZ: So the appraisal was 19 1.8, we offered 2.2, and they want 4.4? 20 MR. MUNOZ: 4.5. Correct. 21 COMMISSIONER LETZ: 4.5. Okay. 22 COMMISSIONER PACES: What's that work out 23 to, eighty some thousand an acre? 24 COMMISSIONER LETZ: Okay. I mean, to me it 25 makes sense. It's a property that we need protection 49 1 for long term. And I remember conversations with the 2 developer when they first bought the property that this 3 was the intent all along. My recollection was the 4 numbers were a lot less way back then. A couple years 5 ago. But amazing how things change. 6 I mean, I'm certainly not -- the Court has 7 never, since I've been a Commissioner, never authorized 8 the use of eminent domain. But we've never had a 9 situation in -- this situation as well like this. So to 10 me this is a -- one of the few times that I would 11 support eminent domain. 12 COMMISSIONER PACES: Pretty hard to imagine 13 with recognition that our County property values are 14 going up, but I haven't seen anything going for $82,000 15 an acre. Particularly when you're sitting underneath 16 the airport flight path. So I think they're being very, 17 very unreasonable. So I also support it. 18 JUDGE KELLY: I think the question comes 19 down to public use and exception. The airport is an 20 extremely critical asset for this community. For the 21 County. The City. We've been working with TxDOT. 22 TxDOT will actually pay for this acquisition. We front 23 the money and then they reimburse us for it. 24 MR. MUNOZ: Correct. 25 JUDGE KELLY: But at the same time, I've 50 1 lived here 35 years, and I've never heard of an eminent 2 domain case in Kerr County. I'm sure in the ancient 3 days they had to do it somewhere, I know. But -- so 4 this kind of gets us out of our comfort zone. This has 5 nothing to do with you, Mr. Munoz. It just has to do 6 with the situation. We've gotten a fair market 7 appraisal at 1.8 million. We have gone above and beyond 8 with a 2.2 million dollar offer, which is 400,000 more 9 than what it was appraised for. And we have a 10 counteroffer for twice what we've offered. 11 I think that is an unreasonable position and 12 puts us in the untenable position of having to exercise 13 rights that we normally would not. And I know today 14 what we're talking about is a Resolution. In the City 15 of Resolutions, we've got all kinds of Resolutions to do 16 this. When we have an unreasonable developer at this 17 point that we have to confront, that means that we have 18 to collect some of our governmental muscles. And I 19 understand that we might have to do that. 20 And so as distasteful as it is -- I 21 recognize that, Commissioner Harris, it is distasteful. 22 But this is kind of bizarre. The public has to be 23 protected here. And we're the ones that are charged 24 with the responsibility of doing that. And so I'm in 25 favor of this Resolution. 51 1 COMMISSIONER LETZ: Heather, have you -- is 2 the Resolution to your liking? 3 MRS. STEBBINS: There are a couple of 4 changes that Commissioner Paces pointed out this morning 5 that he says refer to the City instead of the County and 6 after that -- just the way that the language was 7 drafted, it -- it's -- I think that it was copy and 8 pasted from the City's Resolution and it was missed a 9 couple of times. So they needed to change County to 10 City. 11 JUDGE KELLY: Right. But this has to be the 12 City and the County. 13 MR. MUNOZ: Correct. 14 COMMISSIONER PACES: Yeah. As drafted right 15 now, the City is left out. 16 MRS. STEBBINS: And so what the County and 17 the City will -- if the City does the same, will be 18 authorizing the Joint Airport Board to undertake the 19 eminent domain proceeding. 20 COMMISSIONER PACES: So with those changes, 21 I mean, can we go ahead and authorize -- 22 MRS. STEBBINS: You can. 23 COMMISSIONER PACES: -- that Resolution? 24 Because it -- it only talks about discussion on the 25 agenda item. 52 1 MRS. STEBBINS: So on the -- hang on a 2 second. 3 JUDGE KELLY: We talked about it in 4 Executive Session and we do have the ability to act on 5 matters discussed in Executive Session. 6 COMMISSIONER PACES: Okay. 7 JUDGE KELLY: So -- 8 COMMISSIONER PACES: Because otherwise -- 9 JUDGE KELLY: I -- I gotta look to my County 10 Attorney. 11 MRS. STEBBINS: You do. You do, but it 12 wasn't -- I would feel more comfortable if you reposted 13 it so that you could take action and use the same 14 language that was posted under the consideration agenda. 15 Because we didn't use that same language for the 16 Executive Session item. I would just be more 17 comfortable if you posted it for the 12th. The City's 18 doing it on the 12th, too. And just use that language 19 and say consider, discuss and take appropriate action. 20 Just so that the posting is clear and the public knows 21 that you'll take action on that item. 22 JUDGE KELLY: And because of the Veterans 23 Day holiday, everything now goes to the 12th. 24 MRS. STEBBINS: Yes, sir. 25 JUDGE KELLY: Both the City and the County 53 1 acting at the same day. 2 COMMISSIONER LETZ: So we'll -- that's fine. 3 Okay. 4 COMMISSIONER PACES: And that -- that delay 5 won't hurt us at all since we are waiting on the City 6 anyway? 7 MR. MUNOZ: No, we -- we should be good. 8 COMMISSIONER LETZ: Okay. 9 JUDGE KELLY: At least for the record, I'm 10 stating that I have the intent to vote for that when we 11 have the opportunity. 12 COMMISSIONER HARRIS: Well, you know, I 13 think Kerr County's track record on eminent domain is 14 just great. I mean, this is a tool in your tool chest 15 that's almost the last resort to use. And this may be 16 the time that we pull the trigger on it. I don't like 17 using it. But when we see the disparity in offers and 18 everything, then it has to be considered. And putting 19 it off until the 12th, maybe you'll get another offer. 20 MR. MUNOZ: We'll keep our fingers crossed. 21 JUDGE KELLY: Okay. So that was a 22 discussion item. 23 MR. MUNOZ: Okay. Thank you. 24 JUDGE KELLY: Let's go ahead and move on to 25 the next item which is also airport related. That's 54 1 1.13 consider, discuss and take appropriate action on 2 request to approve proposed budget amendment == amended 3 operations budget for FY 24-25 for the Kerrville-Kerr 4 County Airport. Mr. Munoz. 5 MS. CEYNOWA: Good morning. I'm going to -- 6 JUDGE KELLY: Oh sorry. 7 MS. CEYNOWA: -- speak for him. That's 8 okay. Crystal Ceynowa. 9 JUDGE KELLY: I just looked up. 10 MS. CEYNOWA: So in June we had submitted 11 our budget for the Commissioners' consideration. And 12 since then, we have had to make an amendment for our 13 operation budget, specifically what we're looking at, to 14 where we forecast an additional 36,000 in revenue for 15 non-aeronautical leases, as well as the Joint Airport 16 Board amended their -- adjusted their fuel flow fees 17 that we receive from fuel delivered to the airport, 18 which increased our forecasted revenue by an additional 19 20,000, as well as the CPI on some of the leases 20 increased by another about 500. 21 But that comes to an increased revenue 22 forecasted for fiscal year 24-25 to $57,500.00. We're 23 looking at that. We're also able to take and look at 24 our expenses and we were able to take some of our 25 operational expenses and allocate them as grant 55 1 eligible. So move those over to grant funding with the 2 additional 57,000 from the revenues, we are looking to 3 make a couple of new hires to the airport within this 4 amended budget starting in January. A clerical position 5 and two additional maintenance positions. 6 So we present to you today an amended budget 7 that is still balanced for our operational fund for 8 consideration and hopeful approval. 9 JUDGE KELLY: And you say balance revenues. 10 Additional revenues and additional expenses balance out? 11 MS. CEYNOWA: Yes, sir. 12 JUDGE KELLY: I can't complain about that. 13 MS. CEYNOWA: Thank you. 14 COMMISSIONER LETZ: Move to approve the 15 amended budget as presented. 16 COMMISSIONER OVERBY: I'll second. 17 JUDGE KELLY: Got a motion and a second to 18 approve the amended budget as presented. Any 19 discussion? Then those in favor say aye. Opposed? 20 Unanimous. Thank you. 21 MS. CEYNOWA: Thank you. 22 JUDGE KELLY: And we've got you on the 23 agenda for the 12th. 24 MR. MUNOZ: Yes, sir. We'll be here. 25 JUDGE KELLY: Okay. Then information 56 1 agenda. Status reports from any department heads? 2 MRS. STEBBINS: Judge, I'm sorry, you still 3 need to take action on 4.3(a) for that contract. Oh 4 okay. It's -- never mind. Disregard. 5 JUDGE KELLY: Any department heads? 6 Okay. 3.2 elected officials. 7 SHERIFF LEITHA: I have a couple things. 8 Just want to update the Court and the public 9 on a couple of things in reference to the elections. I 10 spoke to Nadene this morning. Here recently, I went to 11 a few conferences, more than normal. Basically the 12 Sheriff's Conference, National Sheriff's Conference, and 13 last week I saw and met ten Sheriffs throughout the 14 United States. 15 Four of the topics that really is big 16 concern today is school safety. That's Number 1 always. 17 Mental health. Election security and election 18 integrity. Well, with my last conference I went to, I 19 elected to put deputies in our polling places for the 20 full two weeks. Yes, it did make us shorthanded. But 21 just as a security as a Sheriff, you know what I mean, I 22 decided to do that. 23 So currently we have them -- I had to 24 deescalate a couple situations in both locations. So I 25 just kind of wanted to talk about a couple things. And 57 1 Nadene, please correct me if I'm wrong. As far as 2 talking in there, once you're in there in the polling 3 place and sitting down voting, you know, there's no 4 talking. That's raised a couple of stuff where people 5 got nasty with our volunteers and employees. 6 Also, the phones -- the phones are to be 7 turned off. But definitely -- definitely not used when 8 you're at the polling place. And then also is the 9 electioneering. We've had some issues with people 10 wearing stuff. You can't wear anything representing any 11 party or any certain person. 12 Like I said, we have deescalated a couple 13 situations and had to tell people -- or ask them to 14 leave. But all we're asking for during this time is 15 compliance. We've got one week left and Tuesday. But 16 what I want the public to be clear on is, you know, I'm 17 not going to allow any yelling or cussing at our County 18 employees or our volunteers. We'll ask you to leave. 19 And then if not, we'll do what we have to do. 20 So that kind of takes care of that part. 21 Nadene, anything else? 22 MS. ALFORD: No, sir. 23 SHERIFF LEITHA: All right. Hey, thanks Don 24 for mentioning our fundraiser. Last thing I want to 25 say, we do have our annual fundraiser November 7th at 58 1 the Arcadia. That'll go from 6:00 to 10:00. It is a 2 fundraiser, but that's not what it's all about. We tell 3 the public all the time, come out and join us. 4 Basically we're there to educate the public. We'll talk 5 about our last year's events or upcoming events. 6 And then last, Captain Waldrop will speak 7 about our project for this year. You know, our goal is 8 always to make a hundred thousand dollars. The last 9 three years we've been very fortunate to do that and 10 more. And that's it. Thank y'all. 11 COMMISSIONER HARRIS: One thing I want to 12 add to what he was talking about as far as elections. 13 It seems like I get reeled in right off the bat for 14 election violation -- or the posting of signs and stuff. 15 And we have a policy that we adopted several years ago 16 and I sent it out to the Sheriff and they took care of 17 the people who put the signs on the fence and what have 18 you. And I've sent it out to several key people that I 19 knew would be out there. And I think it's cleared up 20 since then. 21 SHERIFF LEITHA: Yeah. Yeah, we've had to 22 enforce it one time. Other than that, everybody's 23 complying. 24 JUDGE KELLY: Well, Sheriff, I'd just like 25 to say that I appreciate the way that you're handling 59 1 the elections, making sure that they're secure and 2 everything is done orderly and professionally. These 3 elections get kind of emotional. 4 SHERIFF LEITHA: They do. 5 JUDGE KELLY: And it's important that the 6 proper decorum is maintained. And I commend you for 7 what you and your staff do. 8 SHERIFF LEITHA: Thank you. 9 JUDGE KELLY: Okay. Moving on to the 10 liaison commissioner reports. We're doing good. 11 COMMISSIONER PACES: I'll just inform the 12 Court that our little swift water response boat that we 13 purchased for KARFA will be picked up this Friday. So 14 all the paperwork is done satisfy and we'll have an 15 asset in the County to help us, should we ever get some 16 rain and/or a flood. 17 COMMISSIONER OVERBY: Then we can use it. 18 JUDGE KELLY: Okay. Let's move on to the 19 action agenda following Executive Session. 5.1 action 20 that might be required on matters discussed in Executive 21 Session. And we're going to go back to Executive 22 Session agenda Item 4.3(a), which was to consider, 23 discuss and take appropriate action to approve and 24 authorize the County Judge to sign a service agreement 25 with RX Technologies and Fortinet Services for the 60 1 implementation of the SDWAN modification to our local 2 network design. Cory Thoennes. 3 COMMISSIONER OVERBY: I don't think we -- 4 MR. THOENNES: That was just -- 5 COMMISSIONER OVERBY: We didn't have any 6 action to take on that. 7 JUDGE KELLY: No? 8 COMMISSIONER OVERBY: No. 9 COMMISSIONER PACES: No. 10 JUDGE KELLY: Anything else? 11 COMMISSIONER HARRIS: We're out. We're 12 done. 13 JUDGE KELLY: We're done. 14 * * * * * * 15 16 17 18 19 20 21 22 23 24 25 61 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 15th day of November, A.D. 10 2024. 11 12 /s/DEBRA ELLEN GIFFORD Certified Shorthand Reporter 13 No. 953 Expiration Date 04/30/2025 14 * * * * * * 15 16 17 18 19 20 21 22 23 24 25