1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Regular Session 5 Monday, November 28, 2022 6 9:00 a.m. 7 Commissioners' Courtroom 8 Kerr County Courthouse 9 Kerrville, Texas 78028 10 11 12 13 14 15 16 17 18 19 20 21 22 23 PRESENT: ROB KELLY, Kerr County Judge HARLEY BELEW, Commissioner Precinct 1 24 T. BECK GIPSON, Commissioner Precinct 2 JONATHAN LETZ, Commissioner Precinct 3 25 DON HARRIS, Commissioner Precinct 4 2 1 I-N-D-E-X 2 NO. PAGE 3 *** Public Input. 6 4 *** Commissioners' Comments. 9 5 1.1 Consider, discuss and take appropriate 10 action on request from KPA, Kerrville Pets 6 Alive, to park a trailer in the courthouse parking lot from 5:00 p.m. on December 9, 7 2022 thru 5:00 p.m. on December 11, 2022 to accept pet food donations. 8 1.2 Consider, discuss and take appropriate 12 9 action on request from the Jewish Community of the Hill County to use the courthouse 10 grounds for a Hanukkah Menorah Lighting Ceremony on December 18, 2022 from 5:30 p.m. 11 to 6:30 p.m. 12 1.3 Consider, discuss and take appropriate 14 action to approve amendment to the Kerr 13 County 457 Plan with John Hancock regarding the CARES Act of 2020, referencing Required 14 Minimum Distributions (RMD's). 15 1.4 Consider, discuss and take appropriate 19 action to approve a Resolution honoring 16 the 198th State District Judge M. Rex Emerson for his service to the citizens 17 of Kerr County. 18 1.5 Consider, discuss and take appropriate 21 action to approve the 4th Amendment to the 19 Agreement for Inmate Health Care Services between Kerr County and Wellpath LLC, and 20 allow County Judge to sign the same. 21 1.6 Consider, discuss and take appropriate 22 action to approve Interlocal Agreement 22 between the City of Kerrville and Kerr County to provide access to each of their 23 law enforcement agencies' criminal justice information through the Tyler Public 24 Safety One Source System. 25 3 1 I-N-D-E-X 2 NO. PAGE 3 1.7 Consider, discuss and take appropriate 25 action to approve Interlocal Agreement 4 between the City of Kerrville and Kerr County for locating supplemental workstations 5 in the Kerr County Sheriff's Office and Kerrville Police Department and establishing 6 a high-speed network connection between the Kerrville Police Department and the 7 Kerr County evidence media server. 8 1.8 Consider, discuss and take appropriate 26 action to appoint Commissioner Letz and 9 Commissioner Harris to work with the City of Kerrville on the renegotiated Interlocal 10 Agreement between the City of Kerrville and Kerr County for the Provision of Animal 11 Control Services Within the City of Kerrville, Texas, and Services of the Butt-Holdsworth 12 Memorial Library for Kerr County Residents. 13 1.9 Consider, discuss and take appropriate 28 action to extend contract with Strategic 14 Government Resources for 90 additional days and authorize related expenditures. 15 1.10 Consider, discuss and take appropriate 30 16 action on Xerox lease agreement for leasing Xerox C705 copier for a term of 60 months, 17 and authorize County Judge to sign. 18 1.24 Consider, discuss and take appropriate 32 action to appoint consultant to assist with 19 contract negotiations and serve as the project manager for the new county-wide 20 communication system for the Kerr County Sheriff's Office and Volunteer Fire Departments. 21 2.1 Budget Amendments. 40 22 2.2 Pay Bills. 41 23 2.5 Accept Monthly Reports. 41 24 2.6 Court Orders. 42 25 3.1 Status reports from Department Heads. 42 4 1 I-N-D-E-X 2 NO. PAGE 3 3.3 Status reports from Liaison Commissioners. 44 4 1.11 Consider, discuss and take appropriate 46 action regarding the Twin Creek Subdivision 5 and Eagle Ridge Road. 6 1.12 Consider, discuss and take appropriate 97 action for the Court to approve a revision 7 of plat for Hill Country Estates Section Two Tract 6, Volume 3, Page 30, Pct. 3. 8 1.13 Consider, discuss and take appropriate 98 9 action for the Court to set a public hearing for 10:00 a.m. on January 9, 2023 for a 10 revision of plat for Hidden Valley Ranch Section One, Tracts 5 and 6, Volume 4, Page 11 33, Pct. 1. 12 1.14 Consider, discuss and take appropriate 99 action for the Court to set a public hearing 13 for 10:00 a.m. on January 9, 2023 for a revision of plat for Heavenly Acres Tract 5, 14 Volume 7, Pages 317-318, Pct. 4. 15 1.15 Consider, discuss and take appropriate 100 action for the Court to set a public hearing 16 for 10:00 a.m. on January 9, 2023 for a revision of plat for Hill Country Ranch 17 Estates Tracts 11-12, Volume 3, Page 5. 18 1.16 Public Hearing for a proposed cancellation 101 of Privilege Creek Ranches Lots 1A-11A, 19 12-17, 32, and 34-40. 20 1.17 Consider, discuss and take appropriate 101 action for the Court to approve a proposed 21 cancellation of Privilege Creek Ranches Lots 1A-11A, 12-17, 32, and 34-40, 22 1.18 Public Hearing for a revision of plat for 104 23 Creekside at Camp Verde-Phase 2. 24 1.19 Public Hearing for a revision of plat for 104 Hill Country Estates Section Two, Tract 6, 25 Volume 3, Page 30. 5 1 I-N-D-E-X 2 NO. PAGE 3 1.20 Consider, discuss, and take appropriate 104 action for the Court to approve a revision 4 of plat for Hill Country Estates Section Two, Tract 6, Volume 3, Page 30. 5 1.21 Consider, discuss and take appropriate 105 6 action for the Court to approve a revision of plat for Ingram Hills Subdivision, Tract 7 59, Volume 3, Page 149. 8 1.22 Consider, discuss and take appropriate 106 action for the Court to approve and authorize 9 the County Judge to execute Change Order No. 1 to the TDA Grant Contract Number 7218055, 10 which is Change Order No. 3 for the Construction Contract for Wastewater Services 11 for the East Kerr/Center Point Wastewater Collection Project with Qro Mex Construction 12 Company, providing for the adjustment of quantities of work and a deduction in the 13 contract total of $6,381.00. 14 1.23 Consider, discuss and take appropriate 108 action for the Court to approve and authorize 15 the County Judge to execute Change Order No. 2 to the TDA Grant Contract Number 7218055, 16 which is Change Order No. 4 for the construction contract for Wastewater Services 17 for the East Kerr/Center Point Wastewater Collection Project with Qro Mex Construction 18 Company, providing payment of increased costs due to the D Guerra Construction Company delay 19 in completion of the infrastructure that is needed to support wastewater services 20 connections under this contract in the amount of $114,999.77. 21 5.1 Action as may be required on matters 112 22 discussed in Executive Session. 23 *** Adjournment. 122 24 *** Reporter's Certificate. 123 25 * * * * * * 6 1 JUDGE KELLY: The Court will come to order. 2 It is Monday, November the 28th, 9 o'clock in the 3 morning. Kerr County Commissioners' Court is now in 4 session. If you would, please stand for the prayer and 5 the pledge which will be led by Commissioner Letz. 6 (Prayer and Pledge of Allegiance) 7 JUDGE KELLY: Be seated. Okay. I want to 8 remind everybody if you would turn your phones to off or 9 to mute so it doesn't interrupt the proceedings. And 10 the first item on the regular Commissioners' Court 11 meeting is always public input. We ask that if you want 12 to speak about an item that is on the agenda that you 13 wait until that agenda item is called. If you want to 14 speak to us about something that is not on the agenda, 15 this would be the opportunity for you to do that. We 16 ask that you going to the podium, identify yourself and 17 your address, and limit your remarks to three minutes. 18 I've got one person that has signed up, there may be 19 others, but this is Tony Wedig. 20 MR. WEDIG: Your Honor, members of the 21 Commissioners' Court. My name is Tony Wedig. I live at 22 508 Fairway Drive, Kerrville. I have a handout I'd like 23 to share with Commissioners if someone would please 24 present it to them. I don't know the procedure. 25 (Mrs. Stebbins passing the handouts to the 7 1 Court.) 2 MR. WEDIG: Thank you. 3 MRS. STEBBINS: You're welcome. 4 MR. WEDIG: While the handout is being 5 passed out, I'd like to tell a little story. There was 6 a man who bought a shiny new yellow taxi but did not 7 know or want to learn how to drive it. So he made a 8 deal with a taxi driver. The taxi driver will receive a 9 big salary plus all the income from the taxi. The owner 10 of the taxi would pay for all the operating costs. This 11 was a sweet deal for the driver. 12 After the election, I wondered why any 13 County Commissioners would spend countless hours working 14 on the Event Center bond, Proposal B, and possibly 15 encourage others to vote against it. This action seemed 16 strange to me. So I've decided to review all the County 17 budgets listed on the Kerr County website. I believe I 18 know why voting down the bond issue proposal could have 19 been a very good idea. 20 According to the Event Center's financial 21 statements, budgets from 2011 and 2015, the Event Center 22 has shown an income. Then after the construction was 23 completed in 2015, upgrades for the convention center, 24 the Commissioners' Court signed a contract with Spectra 25 Venue Management to facilitate and manage the operation 8 1 of the Event Center. 2 After this agreement was signed, things 3 changed. The handout shows that from 2016 to the 4 present, the Event Center has shown no income for its 5 use; however, the financial statements do show expenses 6 paid by the County for each year. The County pays 7 utilities, staff and it repairs, upgrades and other 8 expenses, which included paying for the venue management 9 company, a payment which I think that is found in the 10 contract. 11 I began to wonder how the Event Center could 12 be used, charged rent and show no income on the 13 financial reports. I believe I found the answer in the 14 Spectra's 2021 financial year report. Spectrum has a 15 sweet deal, similar to the taxi driver in the story. 16 Each year, Spectrum gets a big management 17 fee, along with the revenue from the Event Center. They 18 reported receiving $154,000 generated by the use of the 19 Event Center. They also received another $281,000 from 20 the County. Seems to me that the taxi owner and the 21 citizens of Kerr County may be much alike. Both are 22 paying for the expenses and not receiving any income. 23 Thank you. 24 JUDGE KELLY: Anyone else signed up for 25 public input? Very well. 9 1 We will move on to the Commissioners' 2 Comments. Let's start with the other end of the Court 3 this time. We'll start with Precinct 4. 4 COMMISSIONER HARRIS: That must be me. 5 JUDGE KELLY: Yes. 6 COMMISSIONER HARRIS: Well, I hope everybody 7 had a good Thanksgiving. Mine was very good. We're 8 thankful for the rain that we got. I accumulated over 9 the last week about 1.8 at my house. I dumped out an 10 inch and a half here this morning at the courthouse. So 11 it's all good. That's all I have. 12 COMMISSIONER LETZ: All I have is just to 13 recognize Paul Gonzales, our Constable Precinct 3. He 14 has been selected to attend TAC leadership 2054 is what 15 it's called. It's a -- 16 JUDGE KELLY: The 254. 254 counties. 17 COMMISSIONER LETZ: It's not 2000 counties. 18 254. It's a really good program and I'm proud of him 19 for getting accepted into it and his tuition is paid by 20 TAC. 21 JUDGE KELLY: Okay. Two. 22 COMMISSIONER GIPSON: I'm just grateful for 23 the rain and the holidays. 24 COMMISSIONER BELEW: I echo that. And I 25 hope that all of you will enjoy the parades that we're 10 1 having right now. I've been in three so far. I think I 2 got three to go. And they're a lot of fun. So I went 3 to Comfort's parade this last weekend. And we had 4 Kerrville, of course. That was a good one. So there's 5 still Fredericksburg to go this weekend. And Bandera 6 has a parade and Ingram has a parade. And Boerne has a 7 parade. So there's a bunch of them to go to. Go to 8 them and have fun. 9 JUDGE KELLY: Good. Okay. Let's move on to 10 the Consideration Agenda item 1.1 consider, discuss and 11 take appropriate action on a request from KPA, Kerrville 12 Pets Alive, to park a trailer at the courthouse parking 13 lot from 5:00 p.m. December 9th to 5:00 p.m. on December 14 11th to accept pet food donations. Ms. Guerriero. 15 COMMISSIONER BELEW: One of our parade 16 marshals. Isn't that what you were, the parade marshal? 17 MS. GUERRIERO: I was the parade marshal. 18 That's the truck with the dog, yes. The dog wouldn't 19 stand up so I was just by myself. It was great though. 20 Good morning, Judge Kelly and Commissioners. 21 My name is Karen Guerriero. I serve as the President of 22 Kerrville Pets Alive. KPA requests to park our trailer 23 on the courthouse grounds from 5:00 p.m. on Friday, 24 December the 9th, to 5:00 p.m. on Sunday, December the 25 11th, for our annual Fill Their Bowls pet food drive. 11 1 We held this event last year. It was an extreme 2 success. We were able to collect and distribute 3 hundreds of pounds of pet food thanks to the residents 4 throughout the County. We feel this event supports our 5 mission to save Kerr County pets and benefits Kerr 6 County pet owners in need during the holiday season. 7 The trailer will be parked -- will be locked 8 in the evening and manned with KPA volunteers on 9 Saturday from 8:00 a.m. to 5:00 p.m., and Sunday, noon 10 to 5:00 p.m. 11 COMMISSIONER BELEW: Move for approval. 12 COMMISSIONER LETZ: Second. 13 JUDGE KELLY: Got a motion and a second to 14 approve the use of the courthouse grounds for Kerrville 15 Pets Alive to accept food donations. Any discussions? 16 COMMISSIONER LETZ: The only thing is if 17 you'd get with Shane as to where to park the trailer. A 18 good location. Other than that -- 19 MS. GUERRIERO: Absolutely. Sure. Thank 20 you. And if the Court would allow, I'd ask for 21 permission from you guys, can I -- I'd like to share the 22 success of our flea vaccination clinic we had earlier in 23 the month. Is that okay? 24 JUDGE KELLY: Sure. 25 MS. GUERRIERO: Okay. Earlier this month, 12 1 Kerrville Pets Alive held our biannual free pet 2 vaccination clinic in partnership with the Hill Country 3 SPCA. In just four hours, 202 Kerr County pets were 4 served. Our clinic staff administered 375 vaccinations 5 with 174 of those being rabies vaccinations. 6 KPA also provided 114 free microchips, for a 7 total of approximately 400 pet chips by Kerrville Pets 8 Alive, with the help of Kerr County Animal Services, in 9 2022. These 400 pets are not only registered to their 10 owner, but also to Kerr County Animal Services. We 11 believe also that these free clinics and free micro 12 chipping support our mission to provide for safe and 13 healthy pet population in Kerr County. Thank you. 14 COMMISSIONER LETZ: Thank you. 15 JUDGE KELLY: Thank you. Any other 16 discussion? Let's try something different today. Those 17 in favor say aye. 18 ALL COMMISSIONERS: Aye. 19 JUDGE KELLY: Unanimous. Trying to break up 20 the routine a little bit. 21 Item 1.2 consider, discuss and take 22 appropriate action on request from the Jewish Community 23 of the Hill County to use courthouse grounds for a 24 Hanukkah Menorah Lighting Ceremony on December the 18th, 25 2022 from 5:30 to 6:30. Greg Bitkower. 13 1 MR. BITKOWER: Good morning. This would be 2 the fourth celebration we've had on the courthouse 3 steps -- or courthouse lawn. And just to clarify, 4 Hanukkah is actually a historical holiday; it's not a 5 religious holiday. It all has to do with the 6 rededication of the temple after a small group of Jewish 7 warriors led by the Maccabees took the temple back from 8 the Greeks, who had it for a very long time. 9 And the reason it is eight nights is because 10 at the point when the temple was taken back, there was 11 enough oil to light a light for only 24 hours and all 12 the Jewish people were in the desert but they were eight 13 days away. And for some amazing miracle, that light 14 shown for eight days and that's why we celebrate it for 15 eight days. 16 But I always open it to the public. There's 17 always a lot of people. And there's a story. There's 18 live music, with some traditional songs. So it's just a 19 really nice community thing. And so we'd like to do it 20 again. 21 COMMISSIONER HARRIS: In remembrance of my 22 grandmother, I move for approval. 23 COMMISSIONER BELEW: And I second that. 24 JUDGE KELLY: We've got a motion and a 25 second to approve the use of the courthouse grounds for 14 1 the Hanukkah Menorah Lighting Ceremony for December the 2 18th. Any other discussion? 3 COMMISSIONER BELEW: Yes. That means that 4 we're going to -- when are you -- you're going to get 5 with Shane to set up the Menorah so it's -- 6 MR. BITKOWER: Yes. 7 COMMISSIONER BELEW: -- there for the 8 duration? 9 MR. BITKOWER: Correct. And in the past we 10 have left it up to the New Year. 11 JUDGE KELLY: And I need to say, Greg, I'm 12 not surprised that there's going to be music if you're 13 involved. 14 MR. BITKOWER: Thank you. There will. And 15 some very close friends. 16 JUDGE KELLY: Okay. Those in favor say aye. 17 ALL COMMISSIONERS: Aye. 18 JUDGE KELLY: Unanimous. 19 MR. BITKOWER: Thank you. 20 JUDGE KELLY: Thank you. Item 1.3 consider, 21 discuss and take appropriate action to approve an 22 amendment to the Kerr County 457 Plan with John Hancock 23 regarding the CARES Act of 2020. Guy Overby. And for 24 those of you who don't know, Mr. Overby used to sit in 25 this chair right here. 15 1 MR. OVERBY: Many years ago. And Judge 2 Kelly, again, and Commissioners, again, thank you for 3 everything that you guys do in our community and we 4 appreciate you. 5 Again, I stand here before you today 6 requesting for an amendment to the 457 Plan. Just a 7 little information again about the 457 Plan. We are one 8 of two plans that are approved by Kerr County as an 9 optional or a supplement plan for the employees to 10 participate in as for their retirement. We were 11 approved in 2016 from Kerr County for that. 12 Edward Jones, my component of it, we serve 13 as the educators of the plan and working with the 14 employees for the plan. John Hancock is the product 15 partner of the 457 Plan. And then Texas Retirement 16 Advantage or TRA serves as the third-party administrator 17 to the plan. Their job is basically why I'm here today. 18 We will need to make sure that we're in compliance with 19 the plan as things are needing to be updated and changed 20 so that we are doing everything as far as government 21 regulations and compliance of retirement plans. 22 On page one of the amendment today, I do 23 want to read just for the amendment request. The 24 Amendment is intended as a good faith effort to comply 25 with the requirements of the Further Consolidated 16 1 Appropriations Act of 2020, including the SECURE Act 2 provisions, the Coronavirus, Aid, Relief and Economic 3 Security (CARES) Act, and the Consolidated 4 Appropriations Act of 2021 (CAA), and corresponding 5 guidance (the "Applicable Law"). 6 This Amendment is to be constructed -- or 7 construed in accordance with the Applicable Law and both 8 the Amendment and the Applicable Law will supersede any 9 inconsistent Plan provisions. 10 There are five amendments to the plan 11 that -- not amendments, but five numbers that are in the 12 plan that they're requesting to be approved. The first 13 two -- and again, I would mention to you that the 14 recommendation here is to approve the ones that are 15 italicized in the numbers one through five. The first 16 two regards are dealing with required distributions. So 17 basically what happens is if somebody retires from the 18 County, for example, and they're left in this plan, this 19 is just asking for to make sure that there's some 20 guidance in there on required distributions. 21 Now, underneath the CARES Act that recently 22 happened in 2020, the retirement for required 23 distributions changed from 70 and a half to 72 years of 24 age. And here what they're basically asking is if 25 somebody was left in the plan, it gives direction on how 17 1 required minimum distribution should be distributed and 2 underneath those type of provisions. 3 Now, as far as Edward Jones is concerned, in 4 our education component with it, I would tell you that 5 our recommendation for an employee when they retire or 6 they leave Kerr County, our recommendation is that 7 they're at the age or if they've retired, in most cases 8 it's a very good idea to go ahead and roll that 457 Plan 9 since it's a supplement plan into an IRA. 10 And the reason why you'd do that, 457 Plans 11 are very limited on what investment options will allow 12 to place in 457's that we're able to use with employees. 13 So when they retire, it makes a lot of good choices so 14 they can roll it into an IRA. 15 So in this situation here, it's just asking 16 for the language for the approval of the RMD's that are 17 left in it. But again, I would tell you that most folks 18 when they retire they're rolling them over into IRAs, 19 they're consolidating and they're using their retirement 20 plans at that time to help them. 21 Number three is just basically saying the 22 Plan does not permit any qualified birth or adoption 23 distributions as a separate distribution. That -- that 24 states for itself. 25 Number four basically is stating that there 18 1 are no qualified annuity distributions or rollovers are 2 eligible to come into the Plan as well. 3 And then five, it says that the existing 4 Plan provisions still stay in place. Nothing has been 5 changed or modified that to the Plan. And again, 6 basically, as I stated earlier, required distributions 7 now have been changed from 70 and a half to 72. 8 I -- I will tell you that again, just for 9 your information with the Plan, we are very active with 10 the employees here at Kerr County. This year, as you 11 know, has been a very volatile year in the market. 12 We've seen a lot of extremes up and down. We do meet 13 with the employees. Those that someone would meet on a 14 regular basis or some that need to meet as often as they 15 want to see me, but we try to give them guidance in 16 making sure and helping them with their retirement 17 plans. And again, the 457 Plan is a supplement plan to 18 help them when they do decide to retire or leave the 19 County. 20 And again, Judge, our request today is just 21 to request for your approval of this amendment to the 22 John Hancock 457 Plan, sir. 23 COMMISSIONER HARRIS: I move for approval. 24 COMMISSIONER LETZ: Second. 25 JUDGE KELLY: Got a motion and a second to 19 1 approve the amendment of the Kerr County 457 Plan with 2 John Hancock. Is there any discussion? Those in favor 3 say aye. 4 ALL COMMISSIONERS: Aye. 5 JUDGE KELLY: All off us. Let's move on. 6 Thank you, Guy. 7 MR. OVERBY: Yes, sir. 8 JUDGE KELLY: Item 1.4 consider, discuss and 9 take appropriate action to approve a Resolution honoring 10 the 198th State District Judge M. Rex Emerson for his 11 service to the citizens of Kerr County. 12 And I put this on the Agenda. We're having 13 a retirement party I think around noon on Friday for 14 Judge Emerson and I wanted to get on record this 15 Resolution. So bear with me while I read the 16 Resolution. And I'll make a motion that we approve the 17 Resolution that I'm about to read and this is: 18 Whereas, M. Rex Emerson has served the 19 citizens of Kerr County as a licensed attorney by the 20 State Bar of Texas for 22 years; and 21 Whereas, it is recognized that M. Rex 22 Emerson has served the citizens of Kerr County as the 23 Kerr County Attorney for five years; and 24 Whereas, the Honorable M. Rex Emerson has 25 served with judicial distinction for 13 years as the 20 1 Presiding Judge of the 198th Judicial District Court in 2 the State of Texas; and 3 Whereas, Judge Emerson has consistently 4 exhibited integrity, wisdom, dedication, and compassion 5 in service to the citizens of Kerr County and the State 6 of Texas; and 7 Whereas, Judge Emerson has actively worked 8 as a member of the Kerr County Juvenile Board toward the 9 just and proper administration of Juvenile Justice; and 10 Whereas, Judge Emerson has diligently served 11 as the Administrative Judge in Kerr County for two 12 years; and 13 Whereas, Judge Emerson initiated Kerr County 14 Specialty Court in January of 2019, and serves as the 15 volunteer Judge for this worthy community program. 16 NOW, THEREFORE, BE IT RESOLVED that the Kerr 17 County Commissioners' Court commend and thanks Judge M. 18 Rex Emerson for his many years of outstanding integrity 19 and service as a dedicated jurist and public service. 20 BE IT FURTHER RESOLVED that an appropriate 21 copy of this resolution be prepared for presentation to 22 Judge M. Rex Emerson. 23 Presented this 3rd day of December -- and we 24 can present it on the 3rd day of December, 2022. 25 COMMISSIONER GIPSON: Second. 21 1 JUDGE KELLY: We've got a motion and a 2 second. I'm particularly proud to be associated with 3 Rex. We shared the same Sunday school class and when he 4 decided to run for County Attorney, he asked for my 5 support which I quickly gave. When he decided to run 6 for and the bench became vacant for the 198th, he 7 approached me and I wrote a letter to Governor Perry at 8 the time on his behalf. Of course, two Aggies and I saw 9 eye to eye on that. 10 But I have had the opportunity to work 11 closely with Rex and with his wife, Kelly, who's an ICU 12 nurse at Sid Peterson. And you just couldn't have 13 better people here in Kerr County. And I'm excited 14 about his retirement. We'll miss him. And we do want 15 to recognize his contribution to the community. 16 COMMISSIONER LETZ: Agreed. 17 JUDGE KELLY: Okay. So with that, those in 18 favor say aye. 19 ALL COMMISSIONERS: Aye. 20 JUDGE KELLY: Opposed. Good. Takes care of 21 that. 22 Let's move on to Item 1.5. Sheriff Leitha. 23 Consider, discuss and take appropriate action to approve 24 the 4th Amendment to the Agreement for Inmate Healthcare 25 Services between Kerr County and Wellpath, LLC and allow 22 1 the County Judge to sign same. 2 SHERIFF LEITHA: Okay. Judge, 3 Commissioners, looking for your approval for the Judge 4 to be able to sign this agreement. Basically this is 5 with Wellpath, our medical services in the jail. Prior 6 to my taking office there was a five-year contract 7 signed for these services. Built in the contract was 8 they can go up to 3.5 percent every year, which 9 obviously they do. So all this is is an agreement, you 10 know, we agree to pay the 3.5 percent. It is in my 11 budget at this time. 12 COMMISSIONER LETZ: Move for approval. 13 COMMISSIONER BELEW: Second. 14 JUDGE KELLY: Got a motion and a second to 15 approve the Amendment to the Agreement for Inmate 16 Healthcare Services with Wellpath. Any other 17 discussion? Those in favor say aye. 18 ALL COMMISSIONERS: Aye. 19 JUDGE KELLY: Opposed? Unanimous. 20 Move on to Item 1.6 consider, discuss and 21 take appropriate action to approve the Interlocal 22 Agreement between the City of Kerrville and Kerr County 23 to provide access to each of their law enforcement 24 agencies' criminal justice information through the Tyler 25 Public Safety One Source System. Sheriff. 23 1 SHERIFF LEITHA: Okay. I'm going to ask 2 Bruce or the County Attorney to give me any input at any 3 time that y'all see anything else needing to be added to 4 this. But basically, Judge and Commissioners, what this 5 is is a line they'll be able to communicate and check 6 each others' information. 7 Currently, right now, you know, we have a 8 dispatch for our deputies, PD has a dispatch for their 9 officers. Let's say a deputy stops an individual with a 10 Kerrville address. Basically he'll say will you check 11 locals with Kerrville PD, which then they'll either -- 12 our dispatch will get on with their dispatch or they'll 13 call them, to where the same thing if a PD officer wants 14 to check County warrants it has to go through dispatch. 15 This is a good deal right here. What 16 they'll be able to do is they'll be able to check into 17 our information system without contacting them, which 18 will -- I think it's a better deal. It's quicker. You 19 know, it's more safe. Just so you know, this item, the 20 following item, the PD chief has already ran it through 21 Commissioners' Court and it's been approved through them 22 on their site. Or City Council. City Council. Sorry. 23 COMMISSIONER BELEW: So everybody gets a 24 log-in and checks it on their own? How -- 25 SHERIFF LEITHA: Well, it will be on our -- 24 1 COMMISSIONER BELEW: -- does it work? 2 SHERIFF LEITHA: -- communication, our 3 dispatchers. 4 MR. MOTHERAL: It's part of the 5 communications, yeah. 6 COMMISSIONER BELEW: So who logs in and 7 looks at the information then? 8 SHERIFF LEITHA: The dispatcher. 9 COMMISSIONER BELEW: The dispatcher does it? 10 Officers don't have to have it, it's all kept in the 11 office? 12 SHERIFF LEITHA: Correct. Right. It needs 13 to be handled -- like they do now. Basically right now 14 they either pick up the phone -- 15 COMMISSIONER BELEW: Right. 16 SHERIFF LEITHA: -- or they'll get on the 17 radio and call there and ask and they'll be able to 18 check that their self. 19 COMMISSIONER BELEW: Okay. 20 COMMISSIONER HARRIS: I move for approval. 21 COMMISSIONER BELEW: Second. 22 JUDGE KELLY: Got a motion and a second to 23 approve the Interlocal Agreement between the City of 24 Kerrville and Kerr County to share criminal justice 25 information through Tyler Public Safety One Source 25 1 System. Any discussions? Those in favor say aye. 2 ALL COMMISSIONERS: Aye. 3 JUDGE KELLY: Opposed? Unanimous. 4 Item 1.7 consider, discuss and take 5 appropriate action to approve the Interlocal Agreement 6 between the City of Kerrville and Kerr County for 7 locating supplemental workstations in the Kerr County 8 Sheriff's Office and Kerrville Police Department and 9 establishing a high-speed network connection between 10 Kerrville Police Department and Kerr County evidence 11 media server. Sheriff. 12 SHERIFF LEITHA: Okay. Judge and 13 Commissioners, this is another thing. We're trying to 14 work together a lot more. We're trying to work a lot 15 smarter, not harder. So we currently at this point have 16 a -- what we call a temporary dispatch station over at 17 the PD. We don't use it unless -- like my understanding 18 when it caught on fire, anytime anything goes down we're 19 able to send a dispatcher over there and we're up and 20 running. 21 What they're asking to do is the same thing, 22 put one in our -- in our dispatch, okay, so they can 23 dispatch. In addition to that, they're asking to put 24 one of their computers in our intoxilyzer room, which 25 that will enable them -- currently what a PD officer has 26 1 to do right now is they go over there and they have to 2 do our -- on our system and then they gotta go back and 3 do their system. If they're allowed to be -- put a 4 computer there in our intoxilyzer room, which won't be 5 in the way, they can knock everything out at once which 6 saves half the time which is -- it's a good deal and 7 that's basically what this is all about. 8 COMMISSIONER LETZ: Move for approval. 9 COMMISSIONER HARRIS: Second. 10 COMMISSIONER BELEW: Second. 11 JUDGE KELLY: Got a motion and a second to 12 approve the Interlocal Agreement between the City and 13 the County to locate supplemental workstations in the 14 Sheriff's Office and the Police Department and 15 establishing high-speed network connections. Any 16 comments? Those in favor say aye. 17 ALL COMMISSIONERS: Aye. 18 JUDGE KELLY: Opposed? Unanimous. 19 Then we'll go to Item 1.8 consider, discuss 20 and take appropriate action to appoint Commissioner Letz 21 and Commissioner Harris to work with the City of 22 Kerrville on the renegotiated Interlocal Agreement 23 between the City of Kerrville and Kerr County for the 24 Provision of Animal Control Services Within the City of 25 Kerrville and Services of the Butt-Holdsworth Memorial 27 1 Library for Kerr County residents. 2 COMMISSIONER LETZ: I put this on the agenda 3 shortly after our last meeting. The City Manager 4 reached out and wanted to meet about this issue and 5 timing didn't work out like we wanted it to be. Anyway, 6 we were going to have this meeting so I thought it would 7 make sense to start moving forward on this. 8 Normally it would be Commissioner Gipson as 9 library liaison but since his tenure is rather short up 10 here at this point it would make more sense to have 11 somebody who's going to be around. Don Harris, I think, 12 is likely going to be the liaison moving forward at the 13 library. So I just put this on the agenda so we can 14 start the process moving forward. 15 I make a motion to appoint myself and my 16 colleague here next door to begin negotiations with the 17 City. 18 COMMISSIONER GIPSON: Second. 19 JUDGE KELLY: We got a motion and a second 20 to approve the renegotiation of the Interlocal Agreement 21 between the City and the County regarding Animal 22 Services and library services. Any discussion? 23 COMMISSIONER LETZ: I'll just make a comment 24 on it from my standpoint. I'll be visiting with Reagan 25 quite a bit about it, the Animal Services part of it. 28 1 And I think we're pretty clear on where we are on the 2 library part of it, so -- 3 COMMISSIONER HARRIS: Good. 4 JUDGE KELLY: Okay. Those in favor say aye. 5 ALL COMMISSIONERS: Aye. 6 JUDGE KELLY: Opposed? Unanimous. 7 Moving on to 1.9 consider, discuss and take 8 appropriate action to extend the contract with Strategic 9 Government Resources (SGR) for an additional 90 days and 10 authorize related expenditures. 11 COMMISSIONER LETZ: I reached out to Mr. 12 Medford with SGR, and he said actually we don't need a 13 contract amendment. He says it's an open-ended 14 contract. It goes on as long as we're -- we want to 15 continue. So really we don't need any action on this 16 item. There will be some budget impact that I will need 17 to visit with the Auditor on that. And I think -- 18 COMMISSIONER BELEW: That's because things 19 changed or what? 20 COMMISSIONER LETZ: Well, it's just because 21 we pretty much -- based on another agenda item that's 22 going to be later on today, there may not be enough 23 money funds in that salary line item to cover this and 24 all the personnel down there. So I'm not sure. We may 25 have to do a budget -- we're not sure. I'm not sure 29 1 exactly where we land on that. 2 Also, there is a pretty substantial increase 3 proposed for the housing at the current location and I 4 think we were all notified on it. And I think -- I've 5 asked Jody to contact the landlord of the B&B about that 6 rate increase. And I think we need to kind of negotiate 7 with them. And then Carmen is here also to tell us that 8 she could work remotely some. 9 So anyway, we kind of need to look at all 10 those issues and other dollars to see where we are, but 11 no action is needed to extend the agreement for the SGR 12 to keep Carmen here for an additional 90 days. 13 JUDGE KELLY: To put it in context, we had a 14 contract. We had an initial contract for 90 days for 15 our temporary Interim HR Director. And Carmen Williams 16 is here. And she -- we're running close to the end of 17 that 90 days. We're very pleased with her services. We 18 have asked her to stay on to help us hire a permanent 19 HR director. And so that's why we're extending it 90 20 days. And with that comes associated costs. So if 21 Mr. Medford is satisfied that we don't need to take any 22 action, we're satisfied with it. 23 But later on we're going to talk about it in 24 Executive Session. We'll have some issues to talk about 25 how we're going to fund this whole project. 30 1 COMMISSIONER LETZ: And I think that -- and 2 just for the public also, there are some special 3 projects that have come -- that has come to life in the 4 HR Department. Mainly our policy manual. And that's 5 something that we're going to ask Carmen to spend most 6 of her time to really looking at that policy and make -- 7 and I'm guessing that -- to get it redone so to speak. 8 I mean there's -- we've made a lot of changes, there's 9 inconsistencies that we're all aware of and I think 10 that's one of the things that will be very helpful to 11 have done with Carmen. 12 COMMISSIONER HARRIS: Yeah, it definitely 13 needs upgrading. 14 COMMISSIONER LETZ: Right. 15 JUDGE KELLY: Correct. So we move on. 16 There's no action to be taken on that? 17 COMMISSIONER LETZ: No, no action. 18 JUDGE KELLY: The next item on the agenda is 19 Item 1.10 consider, discuss and take appropriate action 20 on the Xerox lease agreement for the leasing of a Xerox 21 C705 copier for a term of 60 months and authorize the 22 County Judge to sign same. Ms. Shelton. 23 MRS. SHELTON: Yes. This is part of the DIR 24 state contract. It's going to save the County 25 approximately $120 a year. And the County Attorney has 31 1 approved the contract. 2 COMMISSIONER LETZ: Move for approval. 3 COMMISSIONER BELEW: Second. 4 JUDGE KELLY: Got a motion and a second to 5 approve the 60-month lease on a Xerox copier as 6 presented. Any discussion? 7 MRS. DOWDY: This is for the Auditor's 8 office? 9 MS. SHELTON: It's the one that sits outside 10 of our office, yes. 11 COMMISSIONER HARRIS: You know, you think 12 like all of these contracts on copiers to come through 13 are saving us money. What's going on in that business? 14 Seems like every time we do one it's less and less. Or 15 at least what it looks like. 16 JUDGE KELLY: Time is a scale. I don't 17 know. 18 COMMISSIONER BELEW: Does that -- do we 19 think that has anything to do with being -- going 20 paperless more and more? 21 JUDGE KELLY: Perhaps. 22 MS. SHELTON: Perhaps. 23 COMMISSIONER BELEW: Because they have to 24 get more competitive because we use less of it. 25 COMMISSIONER HARRIS: I don't know. Could 32 1 be. Good thought. I don't know. It works. 2 COMMISSIONER BELEW: The only thing going 3 down. 4 JUDGE KELLY: Okay. Do we have a motion and 5 a second? 6 MRS. DOWDY: Yes. 7 JUDGE KELLY: Okay. Any other discussion? 8 Those in favor say aye. 9 ALL COMMISSIONERS: Aye. 10 JUDGE KELLY: Opposed? Unanimous. 11 Okay. We've come to a point, the unusual 12 point that doesn't usually happen to us, but there's -- 13 we have timed items. And for those of you that are not 14 familiar with it, timed items cannot be called before 15 the designated time. And normally we take a break at 16 this point. There's one untimed item on the agenda that 17 is not specifically timed. But if you'll look at it, 18 we've got 10 o'clock and we've got 10:10s. 19 But if you go down to Item 1.24, which is 20 consider, discuss and take appropriate action to appoint 21 a consultant to assist with contract negotiations and to 22 serve as the project manager for the new county-wide 23 communication system for Kerr County Sheriff's Office 24 and Volunteer Fire Departments. Sheriff. 25 SHERIFF LEITHA: Yes. Did y'all get a copy 33 1 of that proposal from Mr. Wendling? 2 JUDGE KELLY: Yes. 3 SHERIFF LEITHA: Okay. I contacted Jody to 4 put this on there and kind of just visit with y'all. 5 I'm trying to get a hold on the game. This is going to 6 be a very big project, okay, once it -- Motorola is 7 hoping to have it ready to go to the next Commissioners' 8 Court meeting to bring before y'all for approval. 9 One thing all companies asked early on was 10 for us to provide a project manager on our side. That 11 is somebody -- this is an 18-month project. That's 12 somebody that, you know, yeah, I know how to use a radio 13 but I don't know all the back stuff, the back story and 14 the towers and all that stuff. Someone that's kind of 15 well-versed on that. In addition to be working with us 16 coordinating going to the towers, coordinating the 17 dispatch area, and also coordinating with all the 18 volunteer fire departments in this process, and then at 19 some point with the City when we do a switch over. 20 You know, we're police officers. Okay. 21 We're not -- we're not radio guys. But I mean, you 22 know, we can get through but -- so basically, they want 23 somebody that can work with them. It's not a full-time 24 basis, it's a part-time basis. I visited with the Judge 25 early on about this, you know, Wendling came to mind. 34 1 Very well-versed on radio. He helped the police 2 department early on when they did some radio work. 3 Like I said, this isn't full time, it's a 4 part-time job. I've asked them to submit us a proposal 5 here what we're looking at. That's what's before you. 6 I'm not saying we necessarily need to vote on it today. 7 I'd be happy to bring him in here. I'm just trying to 8 get ahold of -- you know, get ahead of the game here as 9 we prepare for this. 10 So I know y'all haven't approved the 11 contract, it'll be coming up to y'all next time. Just 12 kind of wanted to visit with you and what your thoughts 13 are on it. 14 JUDGE KELLY: Well, is this an action item 15 today? 16 COMMISSIONER HARRIS: You know to me, I 17 think it should be discussion and approval of the 18 contract in part, of course, but something that's coming 19 up. 20 JUDGE KELLY: Let's kind of put it in 21 context for the people to understand what we're doing. 22 SHERIFF LEITHA: Okay. 23 JUDGE KELLY: We've been visiting with -- 24 we visited with a number of -- a couple of providers on 25 this county-wide communication system. We did put out a 35 1 Request for Proposal, an RFP, and then we had the 2 responses to that. And then we opened the responses and 3 then we awarded a bid at the last regular meeting. And 4 we awarded that bid to Motorola. 5 And so what Motorola is doing now is we're 6 in the process of negotiating a contract. And that's 7 being overseen by the County Attorney. But there are 8 some terms that need to be negotiated in that contract 9 and some of them are hypertechnical. And as the Sheriff 10 says, they're law enforcement, they're not techs. And 11 we need to have somebody that is project manager in 12 negotiating this contract and the terms in the contract, 13 but then to go ahead and oversee the program when they 14 start to install it. 15 And so what this really is at this point is 16 information as to this is the contemplated procedure 17 going forth. And Jeff Wendling has been a consultant 18 for the Sheriff's office and has put together a proposal 19 to the Sheriff's office and to the County to serve as 20 that -- that project manager. And that's something that 21 you propose we take up at the next meeting? 22 COMMISSIONER HARRIS: Yeah. I'd like to 23 talk to Jeff as well, whether it be in Executive Session 24 or whatever. 25 JUDGE KELLY: Well, one of the things I know 36 1 we have to do is we have to negotiate the terms of this 2 contract. And there are many technical aspects of it 3 that need to be negotiated and we need to have a 4 hands-on representative representing the County's 5 interest and the Sheriff's office interest in doing this 6 with Motorola. And so I don't know if that requires 7 action or not. You want to put that off? I know we're 8 actively in the process of trying to get this contract 9 completed. 10 SHERIFF LEITHA: One thing I'd like to 11 remind the Court and Motorola, I tell them almost every 12 day, this price is good. And I'm kind of upset about 13 the things until the end of this year. They start -- 14 they put that initial bid in the first quarter of prices 15 from January. I'll give you an example. One concrete 16 bill that we have to get has went up $53,000 this year. 17 That's -- that's horrible. It's horrible. 18 But just so you know, the contract price 19 they gave is good until the end of the year. That's why 20 we're trying to push and get it approved on the next 21 Commissioners' Court date. 22 COMMISSIONER BELEW: And even if we get all 23 of our ducks in a row, they can't deliver for probably a 24 year or 18 months anyway so. It's not like we're in a 25 hurry to get it finished, we just gotta do our part to 37 1 make -- 2 SHERIFF LEITHA: Exactly. 3 COMMISSIONER BELEW: -- sure we have the 4 gears in motion. 5 JUDGE KELLY: I am in a hurry to lock in 6 these prices. 7 SHERIFF LEITHA: Yeah. 8 COMMISSIONER HARRIS: That's right. Sure. 9 SHERIFF LEITHA: And we've cut significantly 10 what we'll run on that cement. 11 COMMISSIONER BELEW: Okay. Well, I don't 12 think we should take action today. 13 JUDGE KELLY: Okay. 14 COMMISSIONER BELEW: We should do some more 15 discussion on it. 16 COMMISSIONER HARRIS: Yeah. Let's have Jeff 17 in. 18 JUDGE KELLY: Well -- 19 SHERIFF LEITHA: Now, I'd be happy to put it 20 on the next agenda along because we will have the final 21 contract on there. 22 COMMISSIONER LETZ: I think -- I don't know 23 if we have enough time for that. 24 COMMISSIONER BELEW: Well, can we do an 25 Executive Session -- it says we can do Executive Session 38 1 on it today and contact him. 2 COMMISSIONER LETZ: Right. 3 JUDGE KELLY: We can bring it up. 4 COMMISSIONER LETZ: Does Jeff -- 5 COMMISSIONER BELEW: Is he interested in 6 this? 7 UNIDENTIFIED VOICE: Can you text him right 8 now? 9 SHERIFF LEITHA: We'll -- we'll get you an 10 answer in a couple minutes. 11 COMMISSIONER HARRIS: That would help, I 12 think. 13 SHERIFF LEITHA: Yeah. 14 JUDGE KELLY: Jeff's always available. 15 SHERIFF LEITHA: Yeah, he's -- I mean, if 16 he's not on other projects. 17 COMMISSIONER LETZ: With the December 31 18 deadline, we don't have -- we can't -- we may have to do 19 a special meeting but we can't wait -- 20 SHERIFF LEITHA: Yeah. 21 COMMISSIONER LETZ: -- until the 12th. 22 JUDGE KELLY: Well, let's just be realistic. 23 We already have some County officials asking what we're 24 going to have at our December 27 regularly scheduled 25 Commissioners' Court meeting. Quite frankly, around 39 1 Christmas time, we frequently have very little to talk 2 about. And so that's something that is in the mix. We 3 only have one more regular Commissioners' Court meeting 4 between now and Christmas. And that's, what, 5 December -- 6 COMMISSIONER LETZ: 12th. 7 JUDGE KELLY: So I mean we're pushing it. 8 SHERIFF LEITHA: Yeah. 9 JUDGE KELLY: And we gotta get it done by 10 year end. 11 COMMISSIONER BELEW: Well, like Jonathan 12 said, we can do a special meeting if we have to but we 13 don't want -- I don't -- I don't feel comfortable 14 rushing ahead with this and not hearing from the horse's 15 mouth. 16 SHERIFF LEITHA: Yeah. 17 JUDGE KELLY: Well, I -- I'm fine with that. 18 COMMISSIONER BELEW: And making -- 19 SHERIFF LEITHA: So he's on his way here. 20 JUDGE KELLY: Because we're going to run out 21 of time. 22 COMMISSIONER LETZ: Yeah. He's on his way. 23 SHERIFF LEITHA: Yeah, he's on his way. 24 JUDGE KELLY: We'll take that up in 25 Executive Session. 40 1 SHERIFF LEITHA: Okay. And so you -- I 2 think the price -- you know, we wanted a locked-in 3 price. You know, I -- I feel good with the price. I 4 wouldn't be in agreement if it was mileage. We kind of 5 went back and forth on that, but you know so it's just 6 strictly priced on mileage. 7 JUDGE KELLY: Okay. 8 SHERIFF LEITHA: But we -- we -- 9 JUDGE KELLY: So we're going to -- we're 10 going to defer this for Executive Session. And we've 11 come to this awkward moment where we've got 20 minutes 12 until 10:00 and we can't take any agenda items up until 13 10 o'clock. So we're going to take a long break and 14 come back -- 15 COMMISSIONER LETZ: Why don't we just do all 16 this stuff? 17 JUDGE KELLY: Oh. Yeah, we can do 18 consideration -- I mean the information. So we'll skip 19 down to 2.1 budget amendments. The approval agenda. 20 MS. SHELTON: Yes. We have two budget 21 amendments before you. They are just reclassifications. 22 COMMISSIONER HARRIS: I move for approval. 23 COMMISSIONER BELEW: Second. 24 JUDGE KELLY: Okay. Got a motion and a 25 second to approve the budget amendments as presented. 41 1 Is there any discussion? Those in favor say aye. 2 ALL COMMISSIONERS: Aye. 3 JUDGE KELLY: Opposed? Unanimous. 4 Next is 2.2 bill pay. 5 MS. SHELTON: Yes. Invoices for today's 6 consideration, $736,036.22. 7 COMMISSIONER BELEW: Move for approval. 8 COMMISSIONER GIPSON: Second. 9 JUDGE KELLY: A motion and a second to 10 approve the bills as presented. Any discussion? Those 11 in favor say aye. 12 ALL COMMISSIONERS: Aye. 13 JUDGE KELLY: Opposed? Unanimous. 14 Item 2.3. Late bills. 15 MS. SHELTON: There are not any. 16 JUDGE KELLY: 2.4. Auditor reports. 17 MS. SHELTON: There are not any. 18 JUDGE KELLY: Okay. 2.5 monthly reports. 19 COMMISSIONER HARRIS: Yes. Jackie said I 20 have to read them off. So for October 2022, Justice of 21 the Peace Precinct 4, Bill Ragsdale. I move for 22 approval. 23 COMMISSIONER BELEW: Second. 24 (Laughter.) 25 JUDGE KELLY: Okay. We got a motion to 42 1 approve the monthly report. Any discussion? Those in 2 favor say aye. 3 ALL COMMISSIONERS: Aye. 4 JUDGE KELLY: Opposed? Unanimous. 5 Moving on to 2.6 court orders. 6 COMMISSIONER LETZ: We have the Court Orders 7 from our November 14th meeting, numbers 39644 through 8 39676. And then from our November 21st meeting, 39677 9 through 39678. They all look good to me and I'll make a 10 motion to approve. 11 COMMISSIONER BELEW: Second. 12 JUDGE KELLY: We got a motion and a second 13 to approve the court orders as presented. Any 14 discussion? Those in favor say aye. 15 ALL COMMISSIONERS: Aye. 16 JUDGE KELLY: Opposed? Unanimous. 17 Information Agenda. 3.1 status reports from 18 Department Heads. 19 MR. MOTHERAL: Good morning, gentlemen. I 20 just want to bring y'all up to date and say that we're 21 in the process of finalizing the design and procurement 22 of the new phone systems for the County. It's 23 countywide, so -- 24 JUDGE KELLY: How are they doing? 25 MR. MOTHERAL: It'll be six to nine months. 43 1 But it's a project. 2 COMMISSIONER GIPSON: Where are we on the 3 website? 4 MR. MOTHERAL: To my knowledge, it's still 5 in progress. 6 COMMISSIONER HARRIS: Yeah. 7 JUDGE KELLY: Well, last I heard our 8 consultants were waiting on some information from 9 representatives here at the courthouse. 10 COMMISSIONER BELEW: Kind of like those 11 subdivision rules. You know, it just takes awhile to 12 get it fixed. 13 COMMISSIONER HARRIS: The last report I 14 got I shared with you. You want to mention anything 15 about the new deal of West Kerr Annex that was presented 16 to -- 17 MR. MOTHERAL: Yeah, I had a request from 18 Judge Ragsdale, J.P. 4, wanting to move from one section 19 of the Ingram Annex to another that has become 20 available. And we're in the process right now of 21 checking out the validity of actually moving him there. 22 COMMISSIONER HARRIS: What -- what happened, 23 Dr. Templin had reserved his old office, part of it. 24 Now he's evidently gone to Bill Ragsdale and said he 25 would like him to use that office. So he's going to 44 1 vacate it and made it available. And it's a lot more 2 space and what have you but, you know, a little curve 3 ball for them in like how you -- as far as telephone 4 lines and -- and all that computer access. So it's 5 going to give us more space in that large building that 6 we didn't have. 7 JUDGE KELLY: That we're paying a dollar a 8 year for. 9 COMMISSIONER HARRIS: Yes. 10 JUDGE KELLY: Good news. Thank you. 11 Any other Department Heads? 12 3.2 status reports from Elected Officials. 13 3.3 status reports from Liaison 14 Commissioners. 15 COMMISSIONER LETZ: I'll just make one 16 comment about the Hill Country Youth Event Center a 17 little bit for the public comment. There's -- you 18 cannot look straight at those numbers. There's one 19 thing -- there are -- I don't have an exact number, but 20 about a third of the year events are hosted out there at 21 no cost. County events. Whether they're training -- 22 all kinds of events are there. And that is strapped and 23 worked by Spectrum. So -- and they don't get paid for 24 any of that. So there's a whole -- there would be a 25 huge cost for us to operate all that internally. 45 1 You'd have to go back also to look at what 2 we're spending on that building. It's with the 3 maintenance department maintaining it and doing the work 4 that Spectra now does. When again, we weren't making 5 much revenue off of it. 6 So I mean -- and then the economic benefit 7 to the community. All those things. So in my mind, we 8 have a very good deal with Spectra and it's been well 9 worth it and it's worked out very, very well. You can't 10 just look at the -- at the dollars in and out. There's 11 a whole lot of use out there that they receive no money 12 for. They receive no money for the stock show when it's 13 out there. They receive no money for a number of 14 events, so -- 15 COMMISSIONER BELEW: It's kind of like 16 having a barter deal where you assign value to something 17 and there's more value that we could assign to it than 18 what was presented here today. 19 COMMISSIONER LETZ: Right. All the setups 20 for all the County functions. The election. On and on 21 and on out there. So look at the whole picture. Not 22 just at the dollars in and dollars out. 23 COMMISSIONER HARRIS: It's -- you know, 24 it's -- most -- a lot of it, the freebie stuff that they 25 can't charge for but they help with as far as there's a 46 1 reason that place is called the Hill Country Youth Event 2 Center, you know. Because it was given for that. I 3 know somebody in here has children that have four 4 animals in the barn out there. You know, for 4H. So 5 anyway. Hard to measure all that stuff. 6 JUDGE KELLY: Any other Commissioner 7 Comments? Okay. Then we will recess for a break. 8 Timed items start back at 10 o'clock sharp. If you will 9 be in your seats by then so we can start promptly at 10 10:00. And we've got a number of things to go through 11 before -- let's just been back at 10:00. Okay. 12 (Recess) 13 JUDGE KELLY: Court will come back to order. 14 We'll start the 10 o'clock docket. First item is 1.11 15 consider, discuss and take appropriate action regarding 16 the Twin Creek Subdivision and Eagle Ridge Road. Jack 17 McGuire. 18 MR. McGUIRE: Thank you so much for putting 19 this on the agenda and allowing us to revisit this 20 issue. I am here as one of the neighbors. I am the 21 closest neighbor. I live one-tenth of a mile -- my gate 22 is one-tenth of a mile from the main entrance to the 23 Eagle Rock Ranch. Two-tenths of a mile from where they 24 propose their only other entrance could be. 25 I've lived -- I've resided on that property 47 1 for 30 years. The road Eagle Ridge has been there for 2 quite a long time before that, so it's probably 40 years 3 plus years old. 4 We are here really to just follow up on, I 5 guess, conversations that the Court had with the 6 developer back some time ago regarding the issues of 7 safety and the -- of the road in terms of mainly the 8 traffic, the additional traffic plus the integrity of 9 the road. 10 And at that time, I think the Commissioners 11 raised a lot of very interesting and pertinent questions 12 regarding those issues. Blind curves and just how wide 13 the road was, etc. 173 traffic studies. We just saw 14 the -- the traffic studies within the last few days. I 15 raised a lot of questions when I read those studies from 16 a layman's point of view. And specifically, the DCM 17 report which was made available to us, which was a 18 six-page report, we saw four sentences on there that 19 were tacked on the end to address all the questions that 20 were raised by the Commissioners at the earlier meeting, 21 and a disclaimer that the engineer made at the end of 22 that report. 23 So we really are suggesting that perhaps the 24 report is insufficient to address the legitimate 25 questions that the Commissioners raised. And we then 48 1 decided -- you know, I'm reading this as a layman, 2 retired person. We've consulted with four different 3 TxDOT -- retired TxDOT people, two of whom are here 4 today. And we -- they have basically concurred that 5 some of the questions we raised are legitimate. They 6 raised even more questions about those reports. 7 So you've got a six-page report addressing 8 traffic. You've got a six-page report which we just saw 9 on Wednesday, at the very last minute, regarding the 10 road integrity. And what I saw on there was part of 11 that road is seven -- has seven-and-a-half-inch 12 substrate or whatever base that is totally insufficient. 13 So we then -- what we really want to, I 14 guess to consider, and hopefully the Court will 15 consider, they did not consider the infrastructure stage 16 of development of this property. When I say "they," I'm 17 talking about the reports that were done. We don't know 18 what kind of instructions were given to the engineering 19 firms, but they jumped ahead to 2030. 20 They did not address what was going to 21 happen with cement trucks, gravel haulers, everything 22 else up and down that road. They didn't discuss the 23 width of the road, which some people have said it's 18 24 feet. I don't know how wide it is, how wide it needs to 25 be. But we can see that the -- the training radius of 49 1 those trucks. They are out on -- they will have to come 2 out on the shoulder. We have some pictures here of what 3 happens during construction. The epi-structure stage 4 done at the creek side. There were 18 50-foot trucks 5 down there the other day, parked all over the side of 6 the road. When they were making the turns, they were 7 out on the other side on the shoulder. They couldn't 8 make the turns. 9 And -- and 480, as you know, is a lot wider 10 than Eagle Ridge. There were no safety people out 11 there. There were no warnings. There were no flags. 12 There was no nothing. It was a total -- and there were 13 another 25 construction trucks inside the development. 14 So it was total chaos. And we have some pictures we 15 could share with you if you want to see them. 16 Then the build-out stage. When 30 or 40 17 houses being built out there, you're going to have 18 concrete trucks, you're going to have more gravel 19 haulers, we're going to -- everybody's going to show up 20 at eight o'clock in the morning. I probably won't be 21 able to get in my ranch because they're going to be 22 backed up all the way up and down Eagle Ridge. There's 23 a right-hand turn right there if -- if they're going in 24 the main entrance. So whatever, I don't know how the 25 oncoming traffic is going to -- so we just have a lot of 50 1 questions. 2 The -- another issue that we have is the -- 3 we don't even know who the developers are. There's 4 apparently some LLC that they set up, which I think is 5 called Kerrville Acquisitions. We don't know the 6 financial integrity of that entity. We don't know if 7 the project has been bonded. If there's a lawsuit. How 8 much money is going to stand behind this. Because we 9 don't know who Earl Sullivan is. He said he represents 10 the developer. We couldn't find out anything about his 11 employment, his track record. So we don't even know the 12 credentials of the people who are running the project 13 out there. 14 And so we do have the TxDOT consultants 15 here -- I'm sorry, not TxDOT consultants. Private 16 engineering consultants. One is from Pape-dawson, who 17 is a recognized statewide firm. They have offices, 18 Dallas, Houston, Austin, etc. They employ 50 engineers. 19 They're available to, if you will, review all this 20 information either to -- for us, the neighbors, or 21 hopefully for the -- for Kerr County if you so choose. 22 And we then have another retired TxDOT 23 safety engineer here who also has reviewed this 24 information on my behalf, just to make sure that some of 25 these observations that we're putting before you are 51 1 legitimate. 2 The -- so has the project been bonded? Who 3 is going to be responsible on an ongoing basis? Because 4 we think the project is probably going to take at least 5 five years or more because of what's going on in the 6 marketplace out there. You can't sell property anymore. 7 Interest rates have gone sky high. 8 There -- you know, these other developers, 9 Twin Creek and whoever -- the other guy -- not Twin 10 Creek. Creekside and the other one. They got in before 11 the window closed. And they sold out their -- their 12 property. Ain't happening anymore. You can't sell 13 houses. People aren't buying. We're going into a 14 recession. And the Wall Street guys that closed the 15 window. 16 So what we're asking really is an 17 opportunity for someone to revisit the safety issues out 18 on Eagle Ridge Road, and that's why we're here today. 19 Again, thank you for your indulgence and we look forward 20 to having more conversation. 21 JUDGE KELLY: You want to go through all 22 these people or do you want to talk? 23 MR. HASTINGS: Some of them might have 24 different questions for me. There's a lot of ground to 25 cover today. 52 1 COMMISSIONER BELEW: Well, if we hear the 2 objection we might know what the question will be for 3 Charlie. 4 COMMISSIONER GIPSON: How many people -- 5 we've got some more signed up to speak. 6 JUDGE KELLY: Well, I'm going to weigh in 7 and try to give us a little bit of an oversight so we 8 can focus on what can and can't be done. And I think 9 we've got some developers and some engineers in the room 10 that I think are intimately familiar with where we are 11 with our development. Prior to 2000 and, what was it -- 12 2000 -- when was it? 13 COMMISSIONER LETZ: What? 14 JUDGE KELLY: 2019? The legislature? 15 COMMISSIONER LETZ: Oh. Yeah. 16 JUDGE KELLY: The old way we used to do 17 developments, and then the new way the legislature 18 requires us to do it. And I see the smiles out there on 19 some engineers' faces. They changed the whole game on 20 it. 21 Historically when developers wanted to 22 develop property in the county, they would come to the 23 Commissioners' Court through the County Engineer and 24 there would be a preliminary plat process. And the 25 Engineer -- County Engineer would work with the 53 1 developers' engineers and we would actually kind of 2 negotiate what could and couldn't be done out there and 3 I'm sure the practitioners in the room remember when we 4 used to do it that way. 5 Well, the development lobby in 2019 changed 6 the law. And we have -- the legislature eliminated the 7 entire preliminary plat process. None at all. When an 8 application for a final plat approval is submitted, the 9 County has ten days to tell them what's incomplete about 10 their application and another 20 days after that, for a 11 total of 30 days, to file a written explanation as to 12 either accept it, approve it, or approve it with 13 conditions or you disapprove it, but you have got to 14 give chapter and verse why you're disapproving it. And 15 so there's this very short window of opportunity that we 16 have to look at these developments. 17 What we in Kerr County have done is 18 encourage a voluntary predevelopment consultation period 19 so that we can work with the developers to try to 20 address these issues. Such as the safety of the roads. 21 That's an issue. But it is voluntary. They don't have 22 to do it. And if they don't want to do it, they won't 23 do it. So far everybody's cooperated with us. 24 But what we're looking at on -- on these 25 developments, I know you're talking about the Twin 54 1 Creeks. There are others out there. I see Creekside is 2 here, is we have encouraged them to work with us on a 3 voluntary basis so that we can collaborate to try to 4 come up with a better way to develop the property. And 5 so far, the developers have cooperated with us on that. 6 We don't know when that's going to stop. We expect 7 somebody will not cooperate with us, file their 8 application, set the time clock running, and bada bing, 9 bada bang, after 30 days what the law says if we don't 10 respond in detail, chapter and verse, in writing, then 11 it's automatically approved. That's what the 12 legislature did to us. 13 And so this whole lead up process to try and 14 approve these developments, we've been hamstrung. And 15 that's what we're trying to work with. The people at 16 Twin Creeks have been talking to us for sometime. 17 Creekside has been working with us diligently for, what, 18 two years now? 19 MR. MULLINS: Two years. 20 JUDGE KELLY: About that. And so it has 21 been an effort to try to put our heads together to see 22 what we can do to help one another develop property 23 responsibly. There is a provision in State Law, our 24 private counsel has advised us, that we are charged with 25 the responsibility to protect the health, safety, and 55 1 welfare of the public. And we obviously are concerned 2 about the safety. If anybody's listening to YouTube, 3 you have heard me go on and on about the safety of these 4 developments. But at the same time, this developer can 5 submit his final plat application tomorrow and we've got 6 30 days through the holidays to give him a response. 7 So we really need input from y'all as to 8 what it is that we can do to facilitate the process so 9 that we do give a thorough consideration and analysis of 10 what we're dealing with. I've expressed concerns about 11 Eagle Ridge Road. Everybody out there knows it. 12 I've known that road and I've been -- in the 13 days when they had the ranch and going that back way, I 14 know that road intimately well at all times of day and 15 night. And it's not safe. It's not safe as it is, much 16 less what it's going to be. 17 So with that backdrop, I know we had a 18 number of y'all that signed up that want to talk. We 19 want to hear you, but I think probably what would be 20 best for us right now is to ask our County Engineer to 21 kind of give us a status report. Because we have had 22 some recent developments that the public needs to know 23 about. And these all occurred last week right before 24 the holidays. 25 There are -- so we have what we call traffic 56 1 impact assessment. TIA they call it. And there's one 2 done by a private engineering firm. And then we had 3 TxDOT do one. And then they came back with another 4 report. And Charlie, why don't you catch us up as to 5 where we are with TxDOT on 173. 6 MR. HASTINGS: Yes, sir. The folks who 7 travel that road often well know that I believe you have 8 two lanes southbound as you approach Eagle Ridge and one 9 lane northbound as you approach Eagle Ridge. One of the 10 concerns that we had was if you're northbound 173 and 11 you'd like to make a left turn into Eagle Ridge Road is 12 somebody can hit you from behind because it's just one 13 lane. 14 Now, the report that we read from DEC, who 15 did the traffic impact analysis, felt like a left-hand 16 lane was not needed. We had not had that reviewed by 17 TxDOT until just last week. I think it was Wednesday 18 afternoon when we got an e-mail. Maybe it was -- it was 19 sometime right before Thanksgiving. 20 JUDGE KELLY: Well, there was, of course, a 21 Thanksgiving in my home, I can tell you that. 22 MR. HASTINGS: Yes, sir. And they said a 23 left turn lane will be needed. So TxDOT is requiring a 24 left turn lane as a part of this development. That will 25 be new news to the developer. I forwarded that 57 1 information to them just as quickly as I got it. We're 2 not responsible for responding to the report in regards 3 to State Highway 173. That's not our jurisdiction. So 4 we were waiting to hear back from TxDOT on that and 5 TxDOT did say that they're going to require a left turn 6 bay to be constructed as part of this project as a 7 result of the traffic generated. 8 As far as the subdivision as a whole goes, 9 the construction plans have been reviewed and approved 10 and a pre-construction meeting has been held for the 11 construction of the roads that are internal. 12 JUDGE KELLY: And for clarification, 13 Charlie -- 14 MR. HASTINGS: Yes? 15 JUDGE KELLY: -- a voluntary 16 pre-construction meeting. 17 MR. HASTINGS: Yes. 18 JUDGE KELLY: Right. 19 MR. HASTINGS: And there -- there's not a 20 necessity to bond a project or put up a letter of credit 21 if you're not filing the plat. When you're ready to 22 file the plat and sell lots, that's when you put up a 23 bond or a letter of credit. They're not ready to do 24 that yet. They would like to hold off. They have said 25 what they have seen in their experience is sometimes 58 1 maybe a lot that they had configured somebody wants to 2 buy two lots and make it into one lot. Or somebody 3 wants the lot line reconfigured just a little bit 4 because of whatever size house they're trying to put in. 5 Or a lot of the property can get destroyed during 6 construction of the roads within. So the developer 7 elected to hold off on filing the plat until next year, 8 whenever -- I guess sometime whenever they think they'll 9 be done constructing the roads internally. 10 One of the concerns we had about Eagle Ridge 11 Road was the thickness of base that we have on Eagle 12 Ridge Road. We weren't sure what we had. The road's 13 been there for a long time. It has been -- portions 14 have been reconstructed by the Road & Bridge Department. 15 We were surprised, pleasantly surprised, to 16 find that the average thickness was nine and a half 17 inches, the base. We also have two inches of asphalt 18 over that. That's several layers of chipseal. Every 19 time you put a layer of chipseal down it's about a half 20 an inch. So looks like we've got about four layers of 21 chipseal on there. 22 So the overall cross-section of the road 23 Rock Engineering has deemed that as far as thickness 24 goes, it can handle arterial level traffic. They did 25 say that the constant repeated heavy loads, 18-wheelers, 59 1 concrete trucks, etc., they're going to show damage to 2 the road, if it's constant. If it's occasional, not a 3 problem. So my -- the -- what -- in my mind's eye, a 4 subdivision like this, it takes a number of years before 5 all the homes are built out. You're going to see what I 6 consider occasional concrete trucks building those 7 homes. 8 Our concern was when they start hauling base 9 in for the roads internally. That's going to be a lot 10 of loads, concentrated over a short period of time. The 11 developer is looking at the material they have in some 12 of the hillsides over there to see if they can make 13 their own base. That base has to pass our standards. 14 We don't know that yet. But if they can create and make 15 their own base within, that won't have to be hauled from 16 outside. So we're hopeful that that will be something 17 that works. 18 And then finally there are some intersection 19 improvements that they plan to do at the intersection of 20 Eagle Ridge and Topside Drive. Topside will be their -- 21 where they go in. That'll be their entrance. And 22 they're looking at kind of reconfiguring that to make it 23 more of a T-intersection. As you know, Eagle Ridge has 24 a hard 90 right there. If you're going in, it would be 25 a hard 90 to your left. If you're going back out, if 60 1 you live far enough in the back it would be a hard 90 to 2 your right. I think there's a yield sign there that 3 would be replaced with a stop sign and then a stop sign 4 for Topside Drive coming out of that subdivision. 5 And then they are also going to widen Eagle 6 Ridge Road for the frontage that they have. They will 7 dedicate additional right-of-way and widen Eagle Ridge 8 Road. Eagle Ridge Road at that area is about 20 feet 9 wide and our standards for a collector are 24. So 10 they'll be adding another four feet of asphalt. 11 JUDGE KELLY: And that's, what, about -- 12 how -- how far is that? 13 MR. HASTINGS: That's about 1300 feet of 14 frontage, so about a quarter mile. 15 JUDGE KELLY: Okay. 16 MR. HASTINGS: And you know, right there at 17 the intersection where people are coming and going, 18 that's where you're going to see the -- the most 19 concentrated traffic from this development. Once they 20 get away from the development, cars start to spread out, 21 and it's not as concentrated. But there at their 22 entrance, that's where you're going to see the most. So 23 there's a good benefit there for widening that portion. 24 JUDGE KELLY: Okay. I think that's a good 25 update. We've already heard from Mr. McGuire. Doug 61 1 Foshee. Am I saying your name correctly? 2 MR. FOSHEE: It's Foshee. 3 JUDGE KELLY: Foshee? 4 MR. FOSHEE: You're not the first one to get 5 that one wrong. 6 Good morning, Judge Kelly, Commissioners. 7 My name is Doug Foshee. And my wife Sarah and I own 8 Eagle Ridge Ranch which abuts the proposed Twin Creeks 9 development on our northeast fence line for about half a 10 mile or more. My counsel, Randy Richards, is unable to 11 be here today due to a scheduling conflict. 12 But everybody that you are going to hear 13 from today that's a neighbor is either a landowner, a 14 Kerr County taxpayer and/or a Kerr County resident. And 15 we're here because we're concerned as we know you're 16 concerned about the health, safety and welfare of our 17 neighbors and of ourselves. 18 And why? Because an out-of-state developer 19 has moved in, has attempted to rush through an ill 20 thought out high-density land development to the 21 detriment of his neighbors without any consultation to 22 those very neighbors. And then after acquiring the 23 land, they attempted to secure an easement to access 24 Fall Creek Road to no avail. Well, why would they do 25 that? 62 1 Well, it's likely because they knew or 2 should have known that Eagle Ridge Road is unsuitable 3 for such a dense large scale development. A traffic 4 study was submitted that is apparently done by someone 5 who's never actually been on Eagle Ridge Road and is 6 wholly inadequate. 7 The road's narrow, not 20 feet wide, but in 8 many cases 14 feet wide. It's unmarked. There's a 9 dangerous intersection at 173 where there's already been 10 at least one fatality and other serious injuries. In 11 fact, the previous owner of my ranch, Tommy Dade, 12 represented one of the victims of one of those accidents 13 and that's without putting 500 cars a day and then 14 construction equipment on it. 15 We've also notified the developers of Twin 16 Creeks of deed restrictions and have received no 17 response. We believe they're already building roads on 18 Twin Creeks with road fill without a final plat. And I 19 have pictures on my phone of that if you'd like to see 20 it. And why? Likely so they can conduct an internet 21 and direct mail marketing campaign, sell out the lots 22 quickly, take their profits and leave. Which begs 23 several questions. Will Kerr County take over the roads 24 internal to Twin Creeks? And if you're not going to 25 take them over, will the buyers of those lots be 63 1 notified that they'll be required to pay for maintenance 2 of those internal roads? 3 When this out-of-state developer sells out 4 and leaves, who pays for the damage to the torn up Eagle 5 Ridge Road? The lot owners at Twin Creeks? The Eagle 6 Ridge Road landowners? Kerr County taxpayers? But not 7 the developer who caused the problems and profited while 8 creating them? 9 And then the last question is, will you 10 enforce all deed restrictions that exist on that 11 property? So here's what we'd like. Pause the project. 12 Work with us to do a legitimate traffic impact study and 13 road damage assessment. Demand that these costs be born 14 by the developer and not by us. Make them stop work 15 building roads with fill brought in until these issues 16 are resolved. And enforce all existing deed 17 restrictions. That is what we think is required to 18 protect the health, safety, and welfare of those of us 19 who will be here a long time after they're gone. 20 And if I could just add one other comment 21 not directly related to the concerns today. But the 22 idea that there could be the potential of a thousand new 23 permitted water wells in Kerr County just seems to me 24 like irresponsibility on the part of all of us as 25 community members. Thank you. 64 1 JUDGE KELLY: Jim Demanett. 2 MR. DEMANETT: Demanett. 3 JUDGE KELLY: Say that again? 4 MR. DEMANETT: Demanett. 5 JUDGE KELLY: Demanett. Okay. Thank you. 6 MR. DEMANETT: Good morning. I likewise am 7 a property owner on Eagle Ridge Road. In fact, our 8 property is right as you come up the hill and the big 9 curve which is problematic for everybody. We have 10 problems getting out of our driveway without seeing 11 what's coming up the hill. And going down, you know, 12 both ways people have a tendency if they're not familiar 13 with that road to drive in the middle of the road. And 14 we have been forced over to the side of the road several 15 times. And I don't see that problem going away. 16 I found it interesting that Kerrville Daily 17 Times on August 8th had an article, and they quoted 18 Mr. Earl Sullivan, who's supposedly representing this 19 developer, that he thought Eagle Ridge Road was much 20 wider than what everybody's saying. He thought it was 21 40 feet wide. I went out and measured -- 22 UNIDENTIFIED VOICE: It's not. 23 MR. DEMANETT: -- in front of my house, and 24 it's 19 and a half feet to get a stretch out of it. 25 Traffic safety is a real concern for me, as it is for 65 1 everybody else. The engineer referred to road base. 2 They are hauling road base in. There are days that 3 there are probably 10 or 20 dump trucks going up and 4 down that road hauling road base. So they're not 5 manufacturing it off their property. They are actually 6 hauling it in. 7 That current road is not built for 200 or 8 plus more vehicles a day on it. It just isn't. If this 9 thing isn't dealt with, there will be some accidents on 10 that road and it could be fatal. 11 I looked -- after I measured the road, I 12 looked at the definition based on the Kerr County 13 regulations, and the definition of that road is a paved 14 country lane, which it's not, and in it doesn't say 15 anything about being able to handle a development of a 16 hundred, two hundred more lots or anything like that. 17 And in all fairness to the landowners, if 18 something is done to that road we should not have to pay 19 for that. And if the developer gets the okay to go 20 forward with this, then they should do what's necessary 21 to protect the safety and traffic for all the people 22 that live out in that area. Thank you for your time. 23 JUDGE KELLY: Mike Marrs. 24 MR. MARRS: I work for the Brock family and 25 run Eagle Ridge Ranch -- I'm sorry, Whisper Valley 66 1 Ranch. I'm a little nervous. I ain't used to talking 2 to so many people. But I ran Whisper Valley Ranch for 3 several years. I've worked and lived on Eagle Ridge for 4 17 years. Ever since the Underwood family sold that 5 ranch -- now keep in mind this was 17 years ago when 6 traffic was much lighter, and the Underwood family sold 7 that ranch to the Brocks because they didn't want their 8 teenage daughters to drive on it. So 17 years ago that 9 road was dangerous. And now with all the new neighbors, 10 and particularly a lot of construction going on, it's 11 ten times worse. 12 When you're driving down that road in the 13 evening at sunset, you're driving by braille. You can 14 put your visor down, you got your sunglasses on, your 15 hat's pulled down, you're blind. You're driving into 16 the west, you can't see anything. When you come out in 17 the morning, that's when I headed here, you're looking 18 into the eastern sun. Once again, you're blind. 19 The road in front of our place is 16-foot 20 wide. I think a little further down it's 19. But you 21 know, a cement truck is nine-and-a-half-foot wide. 22 Mirror to mirror. My personal truck is 23 eight-and-a-half-foot wide. And that means somebody's 24 going to have a couple wheels a couple foot in the grass 25 all the time, and I thought it was great what our 67 1 engineer said about them going to widen it at their 2 intersection. But that really -- that's the best 3 stretch of that road. That's a straightaway. 4 You go down a little bit farther and you go 5 down that huge hill with several turns in it, were 6 you're looking east or west every time, and you don't go 7 down that road very often that somebody's not in the 8 middle of it. That road has to be wider. If we're 9 going to do this, it needs to be widened for the length 10 of it to 173 and it needs a stripe in it. That's a 11 pretty road. 12 The other problem is, particularly when you 13 get new people, they're not watching traffic. They're 14 looking at the exotics on the right or the left and 15 they're -- they're going way too fast. I have a 17 year 16 old that drives the road everyday. And you know, with 17 the minimal traffic we have right now, anytime I see 18 construction going on on a ranch, I call my son and I 19 say hey, we've got contractors going in Tim's place, be 20 extra careful because these guys aren't familiar with 21 the road. 22 But when you're talking about -- I'm not 23 sure -- I've heard anywhere from 90 to 190 homes going 24 in. But that's a lot of people unfamiliar with that 25 road. People who haven't had 17 years to learn it and 68 1 how to compensate for the dangers that exist on that 2 road. And really, I just hope y'all can do something to 3 protect my family, to protect the property owners and to 4 protect the new people who are in more danger than 5 anybody. Because they're not sitting there locked and 6 ready to jump off in the ditch. They're not used to 7 having to do that like we are. 8 Further down, one thing that worries me is 9 after their entrance -- I expect we're going to get a 10 lot of sightseers towards the dead end of Eagle Ridge. 11 And when you get back there where it's only 16 foot 12 wide, there are two corners that right now two vehicles 13 cannot meet without somebody having to be feet from a 14 deep ditch. Somebody pulling a trailer, it's impossible 15 for a trailer and somebody else to go through there. 16 And we all know, you guys do, that if you 17 put a housing development out there, that other end of 18 that road where it's only 16 foot wide, traffic is going 19 to increase on it. Because people want to go back there 20 and look around. Those are beautiful places. 21 In closing, I just want to say I really hope 22 that the County can do something, enforce something to 23 protect the property owners, to protect the families, 24 and to -- to make a safer situation out there. From my 25 viewpoint, I think that road has to be considerably 69 1 wider. And I think it has to have a center stripe just 2 to help people stay on their side. 3 The few construction workers you have in 4 there right now have pushed me off the road twice in the 5 past two weeks. So you multiply that by ten, there's 6 going to be a lot of landowners spending a lot of time 7 in the ditch. And that's if they're sharp and paying 8 attention. If they're not, it may be a much worse 9 situation. I appreciate you guys' time. Thank y'all. 10 JUDGE KELLY: Amanda McDonald. 11 MS. McDONALD: Good morning, Your Honor and 12 Commissioners. My name is Amanda McDonald. I'm a 13 resident of Eagle Ridge Road. We all know that 14 progression is inevitable. I don't like it and I don't 15 know anyone that lives on Eagle Ridge that does. But 16 when it happens, it needs to be well thought out and 17 done responsibly for the safety and wellbeing of the 18 current residents and the residents to come. 19 We all live on Eagle Ridge because we love 20 the land and the remoteness of the area. We love living 21 on a road that we know our neighbors and feel safe 22 driving on, walking on, running on, riding bikes on. 23 It's our road and it's our lives that this development 24 is already negatively impacting. 25 My family has been residing on Eagle Ridge 70 1 Road for over 20 years. We are invested in the road and 2 our neighbors. Over the last six months, non-resident 3 traffic has increased on Eagle Ridge and the safety of 4 the families of Eagle Ridge has declined significantly. 5 My family and neighbors have all recounted incidents of 6 being run off the road or had near misses by 7 non-resident traffic, as you've well heard this morning. 8 Many have voiced that they do not feel safe 9 walking on the road anymore. I, myself, used to walk 10 with my children while they rode their bikes and I don't 11 feel comfortable anymore either. 12 Commissioner Gipson, you yourself stated in 13 August 8th Kerr County Commissioners' Court, "Eagle 14 Ridge Road is a good road for the traffic it has. But I 15 am getting complaints about it already in terms of 16 safety issues. It's narrow." 17 Your Honor, you yourself stated in the 18 August 8th Kerr County Commissioners' Court, "To expand 19 Eagle Ridge is going to be very problematic with the 20 terrain. I've noticed the entryway to Great Skies. 21 Impressive and can handle traffic. Eagle Ridge is not. 22 I drove Eagle Ridge to try to expand it would be very 23 problematic. I think the access using Eagle Ridge is 24 going to be dangerous. Very, very dangerous, and I 25 don't know how we fix that." That is my big concern. I 71 1 drove Eagle Ridge last week and Great Sky. There is no 2 comparison. 3 Commissioner Letz. You yourself stated in 4 the August 8th Kerr County Commissioners' Court, 5 "Listening to you two talk about it sounds like it's a 6 public safety issue letting that much traffic onto it." 7 Commissioner Belew. You yourself stated in 8 the August 8th Kerr County Commissioners' Court, "Well, 9 this is a problem. You have people that want to sell 10 their land, developers that want to pay them a fair 11 price, and they haven't backed up and taken an aerial 12 view of everything. You've got one way in and one way 13 out. Blind spots. Narrow curves. Low water crossings. 14 Much of which the out of town guy has never had to take 15 into consideration and it just hits them like a brick 16 wall. They don't understand what our conditions are. 17 Coming in just like that. The water restrictions. So 18 this is a big part of our growth problem." 19 Per a quote from the recent traffic survey 20 report completed on Eagle Ridge, blind curves, 21 horizontal and vertical, on Eagle Ridge Road that may 22 need widening or striping or guard rails to accommodate 23 the additional traffic generated from this development 24 for the portion of Eagle Ridge Road from the State 25 Highway 173 to the entrance of the subdivision. There 72 1 are a number of these blind curves, which is manageable 2 with the existing traffic count. But quickly becomes an 3 issue with the increase in traffic from this 4 subdivision. It goes on to say, The vast majority of 5 Eagle Ridge Road users will be local residents who will 6 be familiar with the road. 7 Your Honor and Commissioners, the current 8 residents are not the issue; the issue will be the 9 developers, contractors and potential new residents. In 10 whose mind does it make sense that the main road, a 11 county road, to the subdivision is only 18 feet wide but 12 the subdivision roads themselves are required to be 24 13 feet wide? Or that a property of that size on a road 14 with no outlet is allowed to be subdivided into such 15 small lots? 16 This will not only increase the risk for 17 motor vehicle accidents, but will also put potential new 18 residents in danger and potentially paint them in a 19 corner if there was ever to be a natural disaster such 20 as, for example, a wildfire and residents had to 21 evacuate their homes. Just this year over 600,000 acres 22 of Texas burned with over 371 wild fires and we are 23 still in a drought. To subdivide and develop land with 24 one entrance and exit on a narrow road is just plain 25 careless and irresponsible. 73 1 It is very evident that the safety of the 2 current residents and new residents has not and is not 3 being considered. I have two children, one of which 4 will be getting his permit within a year and a half. 5 Yes, as a parent it is my responsibility to teach him to 6 be a vigilant driver. But I cannot control the 7 carelessness of others. This is our road and our lives 8 and we need the County's support in protecting it. 9 On another note, I know that decisions have 10 already been made and this may very well fall on deaf 11 ears, but water is a serious issue. We have had to drop 12 our well three times in the last two decades and know of 13 at least two other ranches that had to lower theirs as 14 well. And you're about to allow 98 more water wells in 15 this area. Thank you for your time and consideration. 16 JUDGE KELLY: Don, did you want to address 17 the Court? 18 MR. MCDONALD: No, I was giving her my time. 19 JUDGE KELLY: Sharon Jenschke. 20 MS. JENSCHKE: Good morning. My name is 21 Sharon Jenschke and I live on Eagle Ridge Road. I am 22 just -- I'm not going to really make a speech, I'm just 23 going to reiterate what a lot has already been said this 24 morning. Which I'm just going to tell you as I'm coming 25 here I'm off to the side of the road to let people pass, 74 1 on the grass. So the road is not wide enough. 2 But another thing is. Some of you, probably 3 all of you, remember Snowmageddon. We couldn't get down 4 our hill for a period of time, so the electric company 5 couldn't get up our hill to come and give us 6 electricity. So you have not only us that live there 7 but you have these other people that are going to be 8 living in a subdivision that we can't get out of, in 9 case -- pray -- that that never happens again, but it 10 still is an issue. 11 Again, as Amanda was saying, I have a 12 16-year-old granddaughter, so she's driving our road. 13 She doesn't know to look out for traffic or in the 14 middle of the road people. So how many other people -- 15 well, I have to tell my guests when they're coming, 16 Be careful, this is a dangerous road so be careful how 17 you're driving. That doesn't seem fair. 18 I mean I've lived out there 23 years. So in 19 that time, things went from peaceful, quiet, beautiful 20 to now I can't walk down the road anymore. It's too 21 dangerous. But still it's just like -- I know this 22 progress and I know you have to deal with that, but 23 again the issue of the water is going to be an issue. 24 I've had to drop my well. But that's not what we're 25 talking about today. Today is about the safety issues. 75 1 But coming off -- like the engineer said, 2 coming off 173, when you're coming from like Camp Verde 3 area and you're coming, yes, you are afraid of people 4 coming both ways. But you also are making a turn on 5 Eagle Ridge. I'm driving an SUV. But I have to look 6 and make sure over my dash that I'm not going off the 7 ditch. Because it's like a slight incline but you can't 8 see it until you're on it. That's another issue. But 9 again, it's mainly the narrowness of the road, the 10 curves, the blind spots, and the traffic. 11 Again, like I said, this morning I had to go 12 off the side of the road to let a car pass because they 13 were not far enough over. Other than that, that's about 14 all I have to say. But I thank you for your time and I 15 hope you will consider the issues of all these people 16 because we really do care and we don't want any 17 accidents or any injuries on our road. We just want it 18 to stay safe. Thank you. 19 JUDGE KELLY: Is there anyone else that 20 filled out a sheet? 21 COMMISSIONER LETZ: I have a comment to 22 make. I live on a road similar to Eagle Ridge, and I 23 know Commissioner Belew lives on a road similar to Eagle 24 Ridge. So we understand the problem. I'm very 25 fortunate that we haven't had a development of this many 76 1 lots, you know, on the road I live on. And I -- you 2 know, I would feel exactly as you all do if there was 3 one out there. 4 But a couple things that, you know, our 5 hands are very limited as to what we can do. There's a 6 couple of things. Water. That's Headwaters. We really 7 have no authority over water. Headwaters, we follow 8 Headwaters rules. So on that issue, you know, we have 9 to -- basically we follow whatever Headwaters says the 10 rules are. 11 Density, we have no authority as a court to 12 regulate density on any property. So the only way we 13 have any authority is get into the public safety area. 14 And this is a public safety question. How far we can 15 push that is -- you know, is a question. And it's not a 16 real clear line. I think we've expressed previously, I 17 think several of you all have mentioned, the August 8th 18 meeting you mentioned. That is our concern. And that's 19 the only area that we really have any authority, I 20 think. And -- and we are working with that. 21 I know there was a traffic impact study done 22 and TxDOT's looking at it. But that's the area. It's a 23 tough situation and I don't envy any of y'all having to 24 live on Eagle Ridge with a development coming in like 25 that. But I'm just not sure how much authority we're 77 1 going to have to really change anything. If they follow 2 our rules, it'll get approved. Public Safety is the 3 only issue and we'll probably visit with our outside 4 counsel a little bit more on that. Visit with Charlie 5 on traffic on the road. But that's just kind of where 6 we are. 7 I just want to make it clear that, you know, 8 some of the things we're asked to do we can't do. We 9 have no authority. Deed restrictions. We do get into 10 deed restrictions. We can't look at that. That's not 11 part of us. 12 So you know, there is some civil action 13 possible on some deed restriction, but that's not 14 something that we look at from a subdivision standpoint. 15 So you know, I hear what y'all are saying. But we have 16 to look at both with our outside counsel and engineers 17 basically to see what, if any, authority we have to 18 limit the number of lots that go in out there. 19 COMMISSIONER GIPSON: Charlie, I have a 20 couple of questions for you that I think would help the 21 audience. One is you said that qualifies in the report 22 as an arterial road. Would you define that? 23 MR. HASTINGS: What they were talking about 24 was the loads that it could handle. That it could 25 handle the same loads that a road built to arterial 78 1 standards would handle. So we're talking about ten 2 inches of base and a two course chipseal. So about 11 3 inches total of cross-section of material. 4 And he arrived at that by looking at our 5 surface, about two inches of asphalt, and about nine and 6 a half inches of base, and then they also tested the 7 subgrade below. That's how he was able to arrive at -- 8 that the cross-sectional thickness of the pavement can 9 handle the same loads that our arterial roads should be 10 able to handle. An arterial road would be Sheppard Rees 11 Road. That would be an arterial. 12 So if we were to go out and rebuild Eagle 13 Ridge Road today, right now it meets those standards. 14 Okay. It doesn't meet those standards as far as the 15 width of the pavement on top though. Sheppard Rees Road 16 is little bit wider than Eagle Ridge Road. And that's 17 been the main concern that we've had all along. And 18 when you have a development that is three miles away 19 from Highway 173, I believe there's some state laws that 20 handcuff us as to how much of that three miles do they 21 upgrade. And I think we've done a really good job to be 22 able to get all that frontage. 23 COMMISSIONER GIPSON: But some of the 24 reasons for the core testing was so that we could verify 25 the condition of the road in case we wanted to file for 79 1 compensation if it's dangerous. Is that correct? 2 MR. HASTINGS: Yes, sir. So basically we've 3 taken a snapshot of this is what we have. And if we 4 have damage that we suspect as part of this development 5 moving forward, then we will press whatever legal 6 avenues we need to press to try to get made whole by the 7 developer. Yes, sir. 8 COMMISSIONER GIPSON: All right. Now, and I 9 get a little mixed up because of the rules -- I've been 10 here 18 months. And the rules -- there are about three 11 subdivision rules in place and we have one final, 12 hopefully, that gets solidified today. But do they have 13 the ability and the right to build subdivision roads 14 pre-construction or pre-plat? 15 MR. HASTINGS: Yes, sir. 16 COMMISSIONER GIPSON: So we have no way of 17 legally stopping them from doing that? 18 MR. HASTINGS: That's correct. No. 19 COMMISSIONER GIPSON: Okay. I wanted to 20 make sure that was understood. Now, when you made your 21 reports on the roads, I didn't hear your comments on the 22 safety report of the road. Not TxDOT'S report, but the 23 safety of the road itself by the -- the engineer that's 24 in this report. 25 MR. HASTINGS: That's right. We had a 80 1 number of concerns that we wanted the developer's 2 engineer to take into consideration as they prepared 3 that report. And those concerns were should it be 4 striped? Should anything be done at any of the curves? 5 Should there be any guard rails. They have come back 6 and categorically said no on every one of those. 7 JUDGE KELLY: It's -- 8 MR. FOSHEE: In four -- in four sentences -- 9 JUDGE KELLY: Please don't interrupt. 10 You're welcome to go back to the podium if you'd like. 11 COMMISSIONER GIPSON: No. That's all I 12 have. 13 JUDGE KELLY: Mr. Foshee, did you want to go 14 back to the podium? 15 MR. FOSHEE: Yeah. 16 COMMISSIONER LETZ: Before that, can I ask 17 y'all a question? We do have the ability to ask the 18 developer to voluntarily work with the County on 19 upgrading of roads. Have there been any communications 20 with the developer about doing any on a voluntary basis 21 working into a contract with the County to do upgrades 22 on some of the corners and guard rails and things you 23 just mentioned? 24 MR. HASTINGS: I think they were waiting to 25 hear back from their engineer who put that report 81 1 together to determine whether or not they would move 2 forward on any of those. And so since their engineer 3 said no to those things, and it was beyond the scope 4 of -- it's so far away from their development, I think 5 is the concern. 6 But the -- I -- I get it. I understand when 7 you live on a sub -- on a road that has maybe 20 8 vehicles a day or 60 vehicles a day and it's going to 9 jump over the course of after that has built out to 600 10 vehicles a day, I get it. That's a big jump. And I 11 think that's what we're all concerned about. And that's 12 what we've been expressing to the developer. 13 And everything we're doing, we are doing it 14 within the limits of the laws of the State of Texas. 15 Period. The end. And if we can't make a developer do 16 something, then we're not going to. It would have to be 17 voluntary on their part. 18 COMMISSIONER LETZ: I would encourage you to 19 keep on talking to them on the voluntary side of it and 20 to enter into some sort of a contract with the County. 21 MR. HASTINGS: I think the developer would 22 be very much interested in hearing everything that was 23 said today so they could hear from their neighbors. So 24 I appreciate that people came today to discuss it. 25 JUDGE KELLY: Mr. Foshee. Charlie, don't go 82 1 away. 2 MR. FOSHEE: I guess one question is I'd 3 like to know where Eagle Ridge Road was tested for the 4 base. So was it just in front of the Twin Creeks 5 development, or was it -- 6 MR. HASTINGS: No, sir. 7 MR. FOSHEE: -- along 173 to -- 8 MR. HASTINGS: We started at 173 and we went 9 all the way to that 90 degree bend. 10 MR. FOSHEE: Okay. And then -- and then 11 secondly, you know, I'm absolutely shocked that a 12 developer's engineer would say that, you know, nothing 13 needs to be done. They were paid by the developer. So 14 I would hope that some point in here there could be an 15 independent review, either by the County or with our 16 help that would actually come up with what everybody who 17 has ever driven on Eagle Ridge Road knows, which is the 18 answer that they came up with is actually wrong. 19 It's not a safe road. It's not a safe road 20 today and it's definitely not going to be a safe road 21 when you put 600 cars a day on it at that intersection. 22 And it's not just on their frontage. It's all of Eagle 23 Ridge Road. 24 And so I hope, you know, if we're really 25 worried about safety, I would say we ought not all 83 1 depend on a report that was done by the developer's 2 engineer. And by the way, if you go and look at the 3 variables, the variable, if it takes -- if the variable 4 is 770 beyond which you have to do something, they came 5 up with 768. Right? I mean, you can read the report 6 and see this. I'm not a traffic engineer. So I would 7 hope that we could get some independents put in here so 8 we could come up with the right answer. 9 JUDGE KELLY: Mr. Foshee, before you 10 leave -- 11 MR. FOSHEE: Yeah. 12 JUDGE KELLY: -- towards the end did you get 13 your presentation there in the handout, right? 14 MR. FOSHEE: Yes. 15 JUDGE KELLY: You tell us what you wanted. 16 MR. FOSHEE: Yes. 17 JUDGE KELLY: Okay. If you could just walk 18 us through those one by one so I can -- I want to take a 19 note so we can respond to each one of these. 20 MR. FOSHEE: Yeah. Well, I think -- I think 21 you guys have already responded to all of them 22 unfortunately. But one, put a pause on the project and 23 work with us to do a legitimate traffic impact study and 24 road damage assessment. Now it sounds like the damage 25 assessment has been done. But -- but I think there's 84 1 room for a truly independent traffic study because I 2 can't imagine that it would come to the same conclusions 3 as the one paid for by the developer. 4 JUDGE KELLY: We'll talk about these one at 5 a time but what's number two? 6 MR. FOSHEE: That was number two. 7 JUDGE KELLY: Well, no. What -- 8 MR. FOSHEE: Pause the project. Do a 9 legitimate traffic study. 10 JUDGE KELLY: Just a second. 11 MR. FOSHEE: Then -- then make sure that the 12 developer that's causing the damages that are going to 13 exist on Eagle Ridge Road or the -- and/or the expansion 14 of Eagle Ridge Road, agrees to pay for it. So we don't 15 have to suffer 600 cars and the privilege of having to 16 pay for 600 cars. 17 Ask that -- I guess you can't make them, but 18 ask them to voluntarily stop building roads and working 19 on this until this is resolved. 20 And then the last one you said you can't 21 help me with, which is enforce all the deed restrictions 22 that exist on the property. Those -- those would be my 23 requests. 24 JUDGE KELLY: Well, let's take those one at 25 a time. We got our engineer at the back, we got our 85 1 County Attorney here, and if we need to take it to 2 Executive Session, we'll have our outside counsel come 3 up on the line. 4 I'm taking them number one. 5 MR. FOSHEE: Yes. 6 JUDGE KELLY: Pause. Does everybody 7 understand that the legislature changed the rules on us 8 and when they file that application for final plat 9 approval we have 30 days and that's it. Do y'all 10 understand that? 11 MR. FOSHEE: Yes. Yes. I -- I -- and 12 that's a new understanding before I wrote my comments. 13 But I believe -- 14 JUDGE KELLY: Well, I -- I'm looking out 15 here at people who have had skin in the game. We're 16 trying to cooperate and do this in a responsible way. 17 And we're finding that -- rather than picking the fight, 18 trying to solve the problems is a better approach. 19 Now, if we pick a fight it's going to be 20 expensive. And if we lose, we're probably going to have 21 to pay their attorney's fees. You understand that? And 22 that's going to be the taxpayers that have to do that. 23 Number two. You say a legitimate traffic 24 study. Y'all are free to do your own traffic studies. 25 We went through TxDOT and we feel comfortable with what 86 1 TxDOT did for the turn lane. As far as Eagle Ridge 2 itself, once they give us that final -- that application 3 for final approval, we've got 30 days and that's it. 4 MR. FOSHEE: So -- 5 JUDGE KELLY: And we got -- we got an 6 engineer and he's got one employee and we've got to 7 respond to that -- the whole army of experts that they 8 have. 9 MR. FOSHEE: So can -- can I ask a question? 10 JUDGE KELLY: Sure. 11 MR. FOSHEE: So if the County is concerned 12 about the safety and welfare of the people who live on 13 that road, why wouldn't it be in the County's best 14 interest to go pay to have a traffic study done that 15 would be independent? If we pay for it, it's going to 16 be viewed as bias the other way. Why wouldn't the 17 County right now, knowing the concerns that have been 18 expressed today, all of you have driven on Eagle Ridge 19 Road. You know how dangerous it is. There's already 20 been fatalities and serious accidents. Why wouldn't the 21 County say, hey, let's go get a traffic study report 22 done that's independent. Instead of forcing us to pay 23 for it. I'm -- I'm just asking the question. 24 COMMISSIONER LETZ: I have a question, 25 Charlie. Two questions on that. One, about what does a 87 1 traffic study cost. Do you have any idea? 2 MR. HASTINGS: I don't think you can get an 3 engineer to do anything for less than $10,000.00 these 4 days. 5 COMMISSIONER LETZ: Okay. 6 MR. HASTINGS: So -- 7 COMMISSIONER LETZ: And trying to get -- and 8 the time to get it done would take probably a couple 9 months, I'm guessing, based on the engineers I've talked 10 to? 11 MR. HASTINGS: If we were going to get new 12 traffic counts that have already been done and so forth, 13 yes. If they were to try to utilize the data that's 14 already been done, they've got to coordinate with the 15 engineers who have already done that work. And -- and 16 if you're doing a traffic engineering study to question 17 another traffic engineer, you have to -- by law you've 18 got to -- you can't just go do it and slam somebody. It 19 don't work like that. You've gotta coordinate with 20 them. And there's some coordination. 21 JUDGE KELLY: That's the professional 22 engineering part of it. 23 MR. HASTINGS: Yes, sir. 24 JUDGE KELLY: Which means you have to talk 25 to one another. 88 1 COMMISSIONER LETZ: And I'm -- the reason 2 I'm bringing up the timing in all that is that -- I 3 don't know this to be true, but if the developer thinks 4 that we're not working with him, he can go ahead and 5 hand us the paperwork and we have 30 days and we could 6 never get one done. So it's -- we -- anything that's 7 done has to be done, as the Judge just said, try and do 8 it cooperatively and working with them as opposed to try 9 and draw a line in the sand. 10 So I think it would be something to explore, 11 like doing some voluntary improvements. That they'd be, 12 you know, willing to wait for another traffic study to 13 be done. 14 MR. FOSHEE: Yeah, I would just -- 15 COMMISSIONER BELEW: It behooves them if 16 they want to continue to do business in Kerr County to 17 cooperate with the Court. 18 COMMISSIONER LETZ: Right. 19 COMMISSIONER BELEW: Because many of them 20 are going to want to do another project. And so if 21 everybody works together it will make it -- 22 JUDGE KELLY: And I'm looking at one of the 23 developers here. He has. 24 COMMISSIONER BELEW: He knows. He knows. 25 So what I keep looking at is the affordability. If you 89 1 tell a developer that he has to fix the road to 2 accommodate coming growth, it's considered a taking. 3 You're -- you're having him build our roads here. And 4 that becomes a legal issue. 5 JUDGE KELLY: And everybody needs to 6 understand that magic word, "taking." 7 COMMISSIONER BELEW: A taking. 8 JUDGE KELLY: I'm looking at the lawyers 9 back there. 10 COMMISSIONER BELEW: The lawyers know what 11 it means. So that -- that's a really important part of 12 this. That's an important component. The other part of 13 it is whether it's affordable for a developer to come in 14 and to try to do those accommodations for the road prior 15 to putting in the subdivision. And whether they're 16 going to get a real return on investment. You're 17 walking a fine line with those things. It's kind of a 18 tightrope act. 19 And what we can do and put the County at 20 risk of a taking, a claim for a taking, versus -- and we 21 also have to protect the citizens of the County as best 22 we can. What -- what the developers do is they go in 23 and they say look, this is a beautiful quaint place. 24 And when you drive in to go to that development the 25 first time, it's a quaint little road and it's so 90 1 beautiful. When you start driving that thing every day, 2 you're cussing behind the wheel or you're dodging 3 people. We leave out deer and all the rest of it. 4 We're just talking about the big stuff on the road. And 5 there are places as Commissioner Letz said on his road, 6 I've driven many times, my road, you can't expand the 7 road. You cannot accommodate it. You just can't do it 8 because you don't have enough money in the project. And 9 there's no place to go with it. 10 Now you're getting into easements and other 11 kinds of things. You're cutting into the side of some 12 guy's hill who will never be able to do anything with 13 that property, but the minute you want it it becomes 14 very valuable. So now the developers are laughing. So 15 that's what happens. And so that's -- that's the line 16 we're walking. So you understand -- 17 MR. FOSHEE: Sure. 18 COMMISSIONER BELEW: -- trying to make a 19 developer fix the road before there's even anything 20 there that they've sold. They have an investment in 21 there. So we can't get into that argument. 22 MR. FOSHEE: Well, that's why -- that's why 23 the world invented bonds, right? So that when it does 24 sell out and -- first of all, this developer, to my 25 knowledge, has never been in Kerr County before. 91 1 They're from Tennessee. I have no idea whether they're 2 ever going to be back again. But I know if you look at 3 what they do with other projects, they have a big direct 4 mail campaign, internet campaign, and then they sell all 5 the lots, and they're gone. And so maybe they come 6 back, maybe they don't. 7 But I think evidence of their good will is 8 that they've refused to pay so far the modest amounts 9 that they have been asked to voluntarily pay. So, you 10 know, if -- if it were me and I were a developer, I'd 11 want to know what my ingress and egress was before I 12 bought the land. And it would affect the value of the 13 land for the purpose to which I wanted to put it. 14 And in this case, it's pretty obvious, seems 15 to me, that -- that they bought a piece of land, they 16 wanted to go out Fall Creek Road and couldn't get an 17 easement. The only other option was Eagle Ridge. 18 And the reason they didn't go there first is 19 because I think they probably knew or they should have 20 known it's not suitable for this kind of development. 21 And if that causes a public safety issue that's going to 22 get somebody hurt or killed, I think that's a cost of 23 doing business and you should have factored that into 24 the cost of the land when you bought it. 25 COMMISSIONER LETZ: I want to comment on one 92 1 thing you said because I think you're the second person 2 that said it about bonding a development. We don't have 3 authority to require them to bond a development. We can 4 require them to bond the roads. 5 MR. FOSHEE: That's -- yeah. 6 COMMISSIONER LETZ: Yeah. But not the 7 development. So they can -- you know, it's only the 8 roads. 9 MR. HASTINGS: And that's only at the time 10 that they file the final plat. 11 COMMISSIONER LETZ: Right. At final plat. 12 At the time they file the final plat they can bond the 13 roads. 14 COMMISSIONER BELEW: And something like this 15 would have to go to -- it would have to be a Supreme 16 Court case. It would have to be the State Legislature 17 changing how we operate. Our hands are tied on some of 18 this stuff. So if the State Legislature said in the 19 future a road has to be taken into total consideration. 20 It seems like to me there should be a math equation for 21 this, like an actuary. 22 If there's this many cars on the road and 23 you multiply it by this much and you had this many 24 accidents and you run at this speed, all that stuff is a 25 math equation. It oughta be a -- we ought to be able to 93 1 go -- I'm just -- I'm just thinking out loud, spit ball, 2 but we need to be able to go to the State Legislature 3 and present numbers like that and say here's -- here's 4 our formula for future development. But we don't have 5 that now. 6 JUDGE KELLY: Local governments in the State 7 of Texas would be foolish to allow the Legislature to 8 give us any relief. They've demonstrated -- 9 COMMISSIONER BELEW: Well, that's true. 10 JUDGE KELLY: -- that decade after decade. 11 COMMISSIONER BELEW: They will always want 12 to charge more money for it. 13 UNIDENTIFIED VOICE: That's not the case 14 with the Texas Supreme Court by the way. 15 MR. HASTINGS: I'd like to address a 16 question that hasn't been asked explicitly, but it's 17 been implied that lots will be sold out there without 18 the plat being filed, and that's illegal. I'm not 19 saying that people won't try to do that. But this 20 developer knows full well, he can't sell any of those 21 lots until the plat is filed. 22 So if he elects to build the roads first and 23 then come back when everything is pretty and say we're 24 ready to file this plat, right after he files that plat, 25 then he can close on any deals that he's got. Then they 94 1 can close. That's how that's supposed to work. That's 2 the way the law says it does work. 3 JUDGE KELLY: Okay. Just so that everybody 4 knows, in Executive Session we're going to talk about 5 finalizing our revised subdivision rules and that will 6 be action taken when we come out of Executive Session. 7 And for the public's information, our 8 revised subdivision rules that we're proposing be 9 adopted today are based exclusively on the availability 10 of groundwater and wastewater. And so -- and that's why 11 we defer to Headwaters on the groundwater because 12 they're the ones that gives them permits. And they have 13 changed within the last year. 14 COMMISSIONER LETZ: And there's nothing in 15 our rules that's going to substantially change this 16 development. I mean, there's -- there's some fee 17 changes. We're changing wording based on Headwaters 18 like the Judge just said. But overall there's really 19 not a change that's going to have a huge impact on this 20 type of development. 21 JUDGE KELLY: Mr. McGuire. 22 MR. MCGUIRE: We would request the very 23 earliest notice from the Court as to whether you will 24 proceed with an independent safety study, which we found 25 the existing studies to be deficient. Because if you 95 1 won't proceed or you decide -- choose not to proceed, we 2 want to proceed as neighbors at the earliest possible 3 time, and we believe that report can be done in 60 days. 4 COMMISSIONER LETZ: It's -- we can't take 5 action on that today. Because it's not an item. And we 6 don't meet again until the 12th of December. 7 MR. MCGUIRE: That's why time is of the 8 essence here. And we -- we'd like to have your 9 cooperation. We would like to be working with you. 10 Thank you. 11 JUDGE KELLY: Well, that's -- that's the 12 only way it's going to work. Because we can't -- we 13 can't control the timetable. We are absolutely at the 14 mercy of the developers and when they submit their final 15 plat application. So, it's going to take a 16 collaboration with developers, neighbors, and I think 17 just the overall development community to try to work 18 through these issues. But in terms of 60 days, we can't 19 control that. Not at all. I wish we could. 20 We don't want to be adversaries with any of 21 you. We don't want to be adversaries with -- I know, 22 but we really don't. And we're working hard to not do 23 that. You know, and -- and so what we want -- I guess 24 the takeaway today is if we can figure out a way to work 25 together, it's going to be a whole lot more productive 96 1 than fighting amongst ourselves. 2 And we know that the aim sort of lays here 3 and it's over our head, and all they've got to do is 4 file the application and time ticks. And we do not have 5 the staff to be able to timely complete these types of 6 analysis. And so if we can get them to work with us, 7 maybe we can get some of these things done in time. 8 So why don't we take just a few minutes 9 break -- 10 COMMISSIONER HARRIS: Let me say something 11 real quick. I haven't said a word. You know, since 12 I've been up here I've had people ask me, you know, what 13 the hardest part of this job is or whatever. And it's 14 not that hard but there's a lot of frustrations that our 15 hands are tied. And this is a typical case. We've had 16 several of them come about since I've been up here. And 17 you know, progress is inevitable. I'm not really in any 18 hurry for it but it's coming. And we're bound by state 19 statutes on a lot of the stuff we do and our hands are 20 tied. And it's frustrating. For people that lived on 21 places for -- or passed it down for generation after 22 generation, and then all of a sudden you got something 23 coming in next door, across the fence. And it's 24 frustrating. That's all I got to say. But, you know, 25 we're sympathetic. And like he just said, we need to 97 1 work together. 2 JUDGE KELLY: Take a quick five minute break 3 and we'll come back to order. 4 (Recess.) 5 JUDGE KELLY: See if Heather is out there. 6 SHERIFF LEITHA: We'll get her. 7 JUDGE KELLY: I think we can go through this 8 pretty quickly. Court is back in session. 9 Item 1.12 consider, discuss and take 10 appropriate action for the Court to approve a revision 11 of plat for Hill Country Estates Section Two Tract 6. 12 Charlie Hastings. 13 MR. HASTINGS: Judge, this proposal revises 14 part of Tract 6 that's 25.31 acres as platted. Tract 6 15 was previously divided into separate tracts without 16 revising the plat. This plat revision will correct 17 matters for this part of Tract 6 and divide it into two 18 tracts. Tract 6R1 will be 9.249 acres, and Tract 6R2 19 will be 7.8 acres. 20 Frontage for both lots will remain on Green 21 Oak Drive. The remaining part of Tract 6 is currently 22 being platted separately and is on our agenda later 23 today. And the public hearing was held October 24th, 24 2022. I don't believe anyone spoke. 25 The County Engineer requests the Court 98 1 approve a revision of plat for Hill Country Estates 2 Section Two, Tract 6, Volume 3, Page 30, Precinct 3. 3 And this is to turn those into Lots 6R1 and 6R2. 4 COMMISSIONER LETZ: I move for approval. 5 COMMISSIONER GIPSON: Second. 6 JUDGE KELLY: Got a motion and a second to 7 approve the revision of plat for Hill Country Estates 8 Section Two, Tract 6. Any discussion? Those in favor 9 say aye. 10 ALL COMMISSIONERS: Aye. 11 JUDGE KELLY: Opposed? Unanimous. 12 Next item is 1.13 consider, discuss and take 13 appropriate action for the Court to set a public hearing 14 for 10:00 a.m. on January 9, 2023, for a revision of 15 plat for Hidden Valley Ranch Section One, Tracts 5 and 16 6. Mr. Hastings. 17 MR. HASTINGS: This proposal revises 18 Tract 5, which is 5.44 acres and Tract 6, which is 5.33 19 acres. Tract 6R will be 5.57 acres with more than 200 20 feet fronting on Felix Drive. Tract 5R will be 5.19 21 acres with 148 feet fronting on Felix Drive also. 22 County Engineer requests the Court set a 23 public hearing for 10:00 a.m. on January the 9th, 2023 24 for a revision of plat for Hidden Valley Ranch Section 25 One, Tracts 5 and 6, Volume 4, Page 33, Precinct 1. 99 1 COMMISSIONER BELEW: Move for approval. 2 COMMISSIONER LETZ: Second. 3 JUDGE KELLY: Got a motion and a second to 4 approve setting a public hearing for Hidden Valley Ranch 5 Section One, Tracts 5 and 6, for January 9 at 10:00 a.m. 6 Any discussion? Those in favor say aye. 7 ALL COMMISSIONERS: Aye. 8 JUDGE KELLY: Against? Unanimous. 9 Moving on to Item 1.14 consider, discuss and 10 take appropriate action for the Court to set a public 11 hearing for 10:00 on January 9th, 2023 for a revision of 12 plat for Heavenly Acres Tract 5. Mr. Hastings. 13 MR. HASTINGS: This proposal revises 14 Tract 5, which is 15.71 acres as platted into two 15 tracts. Tract 5A will be 5.09 acres, and Tract 5B will 16 be 10.60 acres. Both lots will front Harper Valley 17 Road. 18 County Engineer requests the Court set a 19 public hearing for 10:00 a.m. on January the 9th, 2023 20 for a revision of plat for Heavenly Acres, Tract 5, 21 Volume 7, Pages 317 through 318, Precinct 4. 22 COMMISSIONER HARRIS: I move for approval. 23 COMMISSIONER BELEW: Second. 24 JUDGE KELLY: Got a motion and a second to 25 approve setting a public hearing for January 9 at 100 1 10:00 a.m. for the revision of plat for Heavenly Acres, 2 Tract 5. Any discussion? Those in favor say aye. 3 ALL COMMISSIONERS: Aye. 4 JUDGE KELLY: Opposed? Unanimous. 5 1.15 consider, discuss and take appropriate 6 action for the Court to set a public hearing for 10:00 7 a.m. on January 9, 2023 for a revision of plat for Hill 8 Country Estates, Tracts 11 and 12. 9 MR. HASTINGS: Thank you, Judge. And we do 10 have a typo on this. It should say Hill Country Ranch 11 Estates, and we apologize for that. But I'll make sure 12 that that's stated here momentarily. 13 JUDGE KELLY: Okay. 14 MR. HASTINGS: This proposal revises and 15 combines Tracts 11 and 12, they're five acres each, into 16 Tract 12R, 10 acres. Road frontage remains on Green Oak 17 Drive. Based on Headwaters Groundwater Conservation 18 District East Kerr Management Zone, the minimum lot size 19 is seven acres. They're moving up to 10 acres. 20 The County Engineer requests the Court set a 21 public hearing for 10:00 a.m. on January the 9th, 2023 22 for a revision of plat for Hill Country Ranch Estates 23 Tracts 11 through 12, Volume 3, Page 5, Precinct 3. 24 COMMISSIONER LETZ: Move for approval. 25 COMMISSIONER HARRIS: Second. 101 1 JUDGE KELLY: Got a motion and a second to 2 approve setting a public hearing for January 9 at 3 10:00 a.m. for the Hill Country Ranch Estates, Tracts 11 4 and 12. Any discussion? 5 COMMISSIONER HARRIS: Charlie, do you 6 anticipate more like this coming because of the change 7 in -- 8 MR. HASTINGS: They'll have to, yes, sir. 9 JUDGE KELLY: Any other discussion? Those 10 in favor say aye. 11 ALL COMMISSIONERS: Aye. 12 JUDGE KELLY: Opposed? Unanimous. 13 Moving on to 1.16 public hearing. This is a 14 public hearing. I'm convening the public hearing for a 15 proposed cancellation of Privilege Creek Ranches Lots 1A 16 through 11A. Mr. Hastings. No, this is a public 17 hearing. Is there anybody here that wants to discuss 18 this Agenda item? Then we'll adjourn the meeting. 19 We'll move on to Item 1.17, which is to 20 consider, discuss and take appropriate action for the 21 Court to approve a proposed cancellation of Privilege 22 Creek Ranches Lots 1A through 11A. Mr. Hastings. 23 MR. HASTINGS: In your packet is a letter 24 from Teton JT, LLC requesting the Court cancel Lots 1A 25 through 11A, 12 through 17, 32, and 34 through 40 out of 102 1 Privilege Creek Ranches Subdivision, Volume 8, Pages 2 21-26; Volume 8, Pages 61-65; and Volume 8, Pages 87-91. 3 This would return these lots, approximately 638 acres, 4 to one large unplatted tract. 5 Easements and right-of-ways for needed 6 utilities have been recorded separately and are 7 referenced on the plat. 8 On October 24, 2022, the Court conducted a 9 public hearing for and approved this proposed 10 cancellation. However, notice of the public hearing was 11 published as a revision instead of a cancellation. 12 Proper notice has now been published, and we just held a 13 public hearing. 14 The County Engineer recommends that the 15 Court approve a proposed cancellation of Privilege Creek 16 Ranches, Lots 1A through 11A, 12 through 17, 32, and 34 17 through 40, Volume 8, Pages 21 through 26; Volume 8, 18 Pages 61 through 65; and Volume 8, Pages 87 through 91. 19 Precinct 3. 20 COMMISSIONER LETZ: I move for approval. 21 COMMISSIONER HARRIS: Second. 22 JUDGE KELLY: Got a motion and a second to 23 approve the proposed cancellation of Privilege Creek 24 Ranches, Lots 1A through 11A, 12 through 17, 32, and 34 25 through 40. Any discussion? 103 1 COMMISSIONER LETZ: Yes. I believe we took 2 action on the other item that was incorrect. 3 JUDGE KELLY: The revision? 4 COMMISSIONER LETZ: The revision. And if we 5 did, we really need to cancel as part of this motion 6 that motion -- or that court order. 7 MRS. DOWDY: Oh, the Court Order? 8 COMMISSIONER LETZ: And I think we can -- we 9 can add it -- I just think the Court order -- 10 JUDGE KELLY: Cancel the previous court 11 order? 12 COMMISSIONER LETZ: Cancel the previous 13 court order related to this property. 14 MR. HASTINGS: Which was held on October 15 24th, 2022. 16 COMMISSIONER LETZ: Yeah. 17 JUDGE KELLY: You're revising your motion 18 and you're going to second? 19 COMMISSIONER LETZ: Right. 20 COMMISSIONER HARRIS: Sure. 21 JUDGE KELLY: So we've got a revised motion 22 and second to approve the proposed cancellation of the 23 Privilege Creek Ranch lots and revoke the prior order. 24 Any discussion? 25 COMMISSIONER HARRIS: She's got the Court 104 1 Order number. 2 MRS. DOWDY: 39629 for the record. 3 COMMISSIONER LETZ: 396 -- 4 JUDGE KELLY: 29. 5 COMMISSIONER LETZ: -- 29. Okay. 6 JUDGE KELLY: Those in favor say aye. 7 ALL COMMISSIONERS: Aye. 8 JUDGE KELLY: Opposed? Unanimous. 9 Item 1.18, this is a public hearing. I'm 10 convening a public hearing for a revision of plat for 11 Creekside at Camp Verde Phase 2. Is there anyone here 12 that would like to address the Court on that issue. 13 UNIDENTIFIED VOICE: Yeah. I'm only here if 14 there's any questions. 15 JUDGE KELLY: Okay. There being none, then 16 I'm going to go ahead and adjourn and move on to the 17 next item, which is 1.19, which is a public hearing for 18 a revision of plat for Hill Country Estates, Section 19 Two, Tract 6. This is a public hearing. Does anyone 20 want to appear on this agenda item? 21 There being none, we'll adjourn the public 22 hearing and move on to Item 1.20, which is consider, 23 discuss, and take appropriate action for the Court to 24 approve a revision of plat for Hill Country Estates 25 Section Two, Tract 6. Mr. Hastings. 105 1 MR. HASTINGS: Thank you, Judge. 2 This proposal revises the west part of 3 Tract 6, 25.31 acres as platted. Tract 6 was previously 4 divided into separate tracts without revising the plat. 5 This plat revision will correct matters for this part of 6 Tract 6. We dealt with the other part of Tract 6 7 moments ago. It will be 8.23 acres with frontage on 8 Green Oak Drive. The remaining part of Tract 6 is 9 currently in -- well it's been replatted. Y'all did 10 that a little while ago. 11 County Engineer requests the Court approve a 12 revision of plat for Hill Country Estates Section Two, 13 Tract 6, Volume 3, Page 30, Precinct 3. 14 COMMISSIONER LETZ: Move for approval. 15 COMMISSIONER HARRIS: Second. 16 JUDGE KELLY: We have a motion and a second 17 to approve the revision of plat for Hill Country Estates 18 Section Two, Tract 6. Any discussion? There being none 19 then all those in favor say aye. 20 ALL COMMISSIONERS: Aye. 21 JUDGE KELLY: Opposed? Unanimous. 22 Next item is 1.21 consider, discuss and take 23 appropriate action for the Court to approve a revision 24 of plat for Ingram Hills Subdivision, Tract 59. 25 MR. HASTINGS: This proposal revises the 106 1 eastern half of Ingram Hills, Tract 59, 10.17 acres as 2 platted. This tract was previously divided into two 3 separate tracts without revising the plat. This plat 4 revision will correct matters for the eastern half of 5 Tract 59. It will be known as Tract 59E and will front 6 Ingram Hills Road. The western half of Tract 59 was 7 corrected and platted as Tract 59W in March of 2022. 8 County Engineer requests the Court approve 9 the revision of plat for Ingram Hills, Tract 59, 10 Volume 3, Page 149, Precinct 4. 11 COMMISSIONER HARRIS: I move for approval. 12 COMMISSIONER LETZ: Second. 13 COMMISSIONER BELEW: Second. 14 JUDGE KELLY: Got a motion and a second to 15 approve revision of plat for Ingram Hills Subdivision, 16 Tract 59. Any discussion? Those in favor say aye. 17 ALL COMMISSIONERS: Aye. 18 JUDGE KELLY: Opposed? Unanimous. 19 Moving on to an item that's supposed to be 20 called at 10:10, is 1.22 consider, discuss and take 21 appropriate action for the Court to approve and 22 authorize the County Judge to execute Change Order No. 1 23 to the Texas Department of Agriculture Grant Contract 24 Number 7218055, which is Change Order No. 3 for the 25 Construction Contract for Wastewater Services for the 107 1 East Kerr/Center Point Wastewater Collection Project 2 with Qro Mex Construction Company, providing for the 3 adjustment of quantities of work and a deduction in the 4 contract total of $6,381.00. Mr. Hastings. 5 MR. HASTINGS: Thank you, Judge. I'm going 6 to let Don Burger, our consultant with Tetra Tech, take 7 this item. 8 JUDGE KELLY: Oh, I didn't see him sneak in. 9 MR. BURGER: Thank you. This change order 10 is basically reconciling some of the quantities on the 11 project. There are a number of pay items on the 12 contract at this point that we do not see them being 13 used or being used to the extent originally estimated 14 prior to beginning construction. And so this change 15 order reduces those items. 16 There are two items that it does increase. 17 One is mobilization because the contractor had to 18 demobilize on the project and remobilize several months 19 later due to the delays on the major infrastructure on 20 the project. So, but that is counter-balanced by the 21 reduction in quantities on some of the other work items. 22 JUDGE KELLY: And this is just part of a 23 truing up process. 24 MR. BURGER: This is basically a truing up 25 process, yes. 108 1 COMMISSIONER BELEW: I move for approval. 2 COMMISSIONER LETZ: Second. 3 JUDGE KELLY: Got a motion and a second to 4 approve the Change Order No. 1 to the TDA Grant with 5 Qro Mex Construction Company in the amount of $6,381.00. 6 COMMISSIONER LETZ: So it's a reduction? 7 JUDGE KELLY: Reduction. Yeah. Reduction. 8 Any discussion? Okay. Those in favor say aye. 9 ALL COMMISSIONERS: Aye. 10 JUDGE KELLY: Opposed? Unanimous. 11 Going on to Item 1.23 consider, discuss and 12 take appropriate action for the Court to approve and 13 authorize the County Judge to execute Change Order No. 2 14 to the TDA Grant Contract Number 7218055, which is 15 Change Order No. 4 for the construction contract for 16 wastewater services for the East Kerr/Center Point 17 Wastewater Collection Project with Qro Mex Construction 18 Company, providing payment of increased costs due to 19 D Guerra Construction Company delay in completion of the 20 infrastructure that is needed to support wastewater 21 services connections under this contract in the amount 22 of $114,999.77. Mr. Hastings -- or Mr. Burger. 23 MR. BURGER: Thank you, Judge. This change 24 order here is a direct result of delays in construction 25 caused by the lack of completion on the infrastructure 109 1 project portion, which is under a separate contract with 2 separate contractor. Because that contract was not 3 completed on time, the Qro Mex contractor had to wait 4 and had to demobilize, remobilize, and in that time 5 period there were a lot of costs that had changed in the 6 execution of the work. 7 And so after several discussions with the 8 contractor, we were able to negotiate what we think is a 9 fair compensation for those increased costs caused by 10 the delay in the contract and that's what this change 11 order covers. 12 JUDGE KELLY: Just to clarify, we're 13 expecting the -- we're expecting D Guerra to be 14 ultimately responsible for these increased costs? 15 MR. BURGER: We expect to be able to assess 16 damages against the other contractor that will help 17 cover these costs, yes. 18 JUDGE KELLY: This is what it takes for us 19 to get Qro Mex back on the job. 20 MR. BURGER: That's right. 21 COMMISSIONER GIPSON: I move for approval. 22 COMMISSIONER LETZ: Second. 23 JUDGE KELLY: Motion and a second to approve 24 the change order No. 2 as presented in the amount of 25 $114,999.77. Any discussion? 110 1 COMMISSIONER LETZ: Just a quick comment. I 2 mean, I've not been overall happy with D Guerra's work 3 on this project. Especially the delays and not getting 4 things done. And so I understand it's not Qro Mex's 5 fault so I support the change order. But we need to 6 vigorously go after D Guerra -- 7 MR. BURGER: Yes, sir. 8 COMMISSIONER LETZ: -- or the bonding 9 company. 10 JUDGE KELLY: There's not a meeting that I 11 sit in with these folks that we don't discuss that. 12 COMMISSIONER LETZ: Just want to make it 13 clear. 14 COMMISSIONER HARRIS: I like the last agenda 15 item a lot better. 16 JUDGE KELLY: But this is what it takes to 17 get them back. 18 COMMISSIONER LETZ: Yeah. Because they've 19 done a good job. 20 JUDGE KELLY: Okay. No other discussion? 21 Do we have a motion? 22 COMMISSIONER GIPSON: Yes. 23 JUDGE KELLY: We got a motion and a second? 24 COMMISSIONER GIPSON: Yeah. 25 JUDGE KELLY: Okay. Those in favor say aye. 111 1 ALL COMMISSIONERS: Aye. 2 JUDGE KELLY: Opposed? Unanimous. 3 That concludes the Consideration Agenda. 4 COMMISSIONER LETZ: We've got the other -- 5 the 24. 6 COMMISSIONER BELEW: We did that, didn't we? 7 COMMISSIONER LETZ: That's in Executive 8 Session. 9 JUDGE KELLY: We're going to do that in 10 Executive Session. 11 COMMISSIONER LETZ: Okay. 12 JUDGE KELLY: So what we're going to do at 13 this time is we're going to go into Executive Session. 14 SHERIFF LEITHA: Do you want to get this one 15 out first, 1.24? 16 COMMISSIONER GIPSON: Didn't we -- I thought 17 we did it. 18 JUDGE KELLY: Well, we talked about it. But 19 we decided we're going to do it in Executive Session. 20 COMMISSIONER BELEW: In Executive Session. 21 SHERIFF LEITHA: Okay. Because I have -- I 22 have him here, so -- 23 JUDGE KELLY: So what we're going to do is 24 we're going to -- those that -- who are going to 25 participate in the Executive Session to remain and the 112 1 others -- we'll need to change the signs on the door. 2 It is 11:32. 3 (Executive Session) 4 JUDGE KELLY: Okay. Court will come back to 5 order. It's 12:49, we're coming out of Executive 6 Session. And the next item is 5.1, action as may be 7 required from matters discussed in Executive Session. 8 COMMISSIONER LETZ: Yes. On item -- 9 JUDGE KELLY: 4.3 (a). 10 COMMISSIONER LETZ: -- 4.3 (a), I make a 11 motion that we appoint Rosa Hernandez as the interim HR 12 director at a salary of $65,000 a year. 13 COMMISSIONER HARRIS: Second. 14 JUDGE KELLY: We got a motion and a second 15 to appoint Rosa Hernandez as our Interim Human Resources 16 Director at a salary of $65,000 per year to start with. 17 Any discussion? 18 COMMISSIONER LETZ: Any comments? 19 MS. HERNANDEZ: Thank you. 20 MRS. GRINSTEAD: Is that effective 21 immediately? 22 COMMISSIONER HARRIS: Probably be at the end 23 of her 90 days. 24 COMMISSIONER LETZ: No, no. It would be 25 immediate. It's immediate -- 113 1 COMMISSIONER HARRIS: Oh, okay. 2 COMMISSIONER LETZ: -- but it -- I'm running 3 it with pay periods. Usually we try to lineup with a 4 pay period. 5 JUDGE KELLY: We're already in our pay 6 period. 7 COMMISSIONER LETZ: We're already in our pay 8 period. 9 MS. HERNANDEZ: I know we submit -- the next 10 pay period is the -- December the 9th, so we're already 11 into the next pay period. 12 COMMISSIONER LETZ: I'd say at the -- at the 13 next pay period. Yeah. 14 MS. HERNANDEZ: Okay. 15 COMMISSIONER LETZ: Effective the next pay 16 period. 17 JUDGE KELLY: We're asking what the next pay 18 period is. We got to ask HR. Any other discussion? 19 Those in favor say aye. 20 ALL COMMISSIONERS: Aye. 21 JUDGE KELLY: Any opposed? Unanimous. 22 Congratulations. 23 MS. HERNANDEZ: Thank you. 24 MRS. STEBBINS: Congratulations, Rosa. 25 MS. HERNANDEZ: Thank you. 114 1 JUDGE KELLY: Okay. Now, y'all may be 2 excused at this point because it's going to get kind of 3 boring. We're at subdivision rules. 4 COMMISSIONER LETZ: Or you can stay. 5 MS. WILLIAMS: Do all the subdivision? 6 JUDGE KELLY: Uh-huh. 7 MS. WILLIAMS: Okay. Y'all have a good day. 8 (Laughter.) 9 JUDGE KELLY: We'll have those genuine 10 reactions. 11 MRS. STEBBINS: Can I do that? No, I'm just 12 kidding. 13 JUDGE KELLY: Okay. Then the next item on 14 the agenda that we need to take action on was 4.5, which 15 is to vote on the County's active and proposed 16 subdivision and manufactured home rental community 17 regulations. 18 And so I will make a motion that we adopt 19 the subdivision rules and regulations. And I'll read it 20 exactly. It's going to take a while. So get 21 comfortable. 22 And I move and order of the Commissioner's 23 Court of Kerr County, Texas, approving the subdivision 24 and manufactured home rental community regulations for 25 Kerr County, Texas, approving a fee schedule and a civil 115 1 criminal enforcement remedies relating to said 2 regulation, and three, establishing an effective date 3 and compliance with the Texas Open Meetings Act. 4 Whereas, Kerr County, Texas, as a "County" 5 is a duly organized and operating County of the State of 6 Texas, pursuant to the Constitution and laws of Texas; 7 and 8 Further, the Kerr County Commissioners' 9 Court, quote, Commissioners' Court, is the governing 10 body of the County; and 11 Whereas, pursuant to Article V, Section 18 12 in the Texas Constitution, Chapters 232 and 233 of the 13 Texas Local Government Code, and other authority, the 14 County may approve, adopt, and enforce regulations 15 governing plats and subdivisions of land and 16 manufactured home rental communities in the incorporated 17 area of Kerr County, Texas, in order to promote the 18 health, safety, morals, and general welfare of said 19 County, in a safe, orderly and helpful development of 20 the unincorporated area of said County; and 21 Further, to prevent colonias or other 22 substandard development, said matters being declared to 23 be worthwhile public purposes, and in the public 24 interest; and 25 Whereas, the County desires to approve, 116 1 adopt, and enforce the subdivision and manufactured home 2 rental community regulations for Kerr County, Texas, 3 we'll call them the regulation, in the form and scope 4 described in the attached Exhibit 1. Said regulations 5 being related, among other things, to plats and 6 subdivisions of land, plat procedure, design and 7 construction standards, enforcement and other remedy 8 issues. 9 A fee schedule, and other related land 10 development matters, including manufactured home rental 11 community development and regulations for application, 12 implementation, and enforcement in the unincorporated 13 area of said County as authorized by law per County 14 regulation; and 15 Whereas, the approval, adoption, 16 implementation, and enforcement of the regulations in 17 this order shall accomplish or substantially achieve all 18 public purposes described in those instruments. 19 Now, therefore, be it resolved and ordered, 20 by the Kerr County Commissioners' Court, for and on 21 behalf of said County and in the public interest as 22 follows: 23 1. Unless otherwise designated, the past, 24 present or future tenant shall each include the other, 25 the masculine, feminine or neuter gender shall each 117 1 include the other, and the singular and plural number 2 shall each include the other where necessary for a 3 correct meaning; 4 2. The caption and preliminary recitals of 5 this order and all attached documents are incorporated 6 by reference; 7 3. The Commissioners' Court approves, 8 adopts, and shall enforce the subdivision and 9 manufactured home community -- home rental community 10 regulations for Kerr County, Texas, in the form and 11 scope described in the attached Exhibit 1. The 12 Commissioners' Court orders that: 13 (a) On behalf of the County and its 14 Commissioners' Court, the County Judge shall properly 15 execute the regulations and timely initiate and complete 16 all tasks necessary or desired to accomplish the 17 publication, distribution and implementation of the 18 regulations in the public interest; 19 (b) This order and regulation shall be filed 20 of record in the official minutes of the 21 Commissioners' Court; 22 (c) True and correct copies of this order 23 and the regulations shall be included and incorporated 24 in the appropriate booklets, packets or other documents 25 published, distributed or made available by the County 118 1 to the public regarding land development matters; and 2 (d) The County's staff and legal counsel 3 shall assist the County Judge in the timely initiation 4 and completion of all tasks herein described. 5 5. All notice and conditions precedent for 6 the lawful approval and adoption of the regulations have 7 been timely accomplished by the County. 8 6. All prior acts of the County, including 9 it's elected officials, appointed officials, officers, 10 employees, attorneys, agents and representatives, are 11 hereby ratified, confirmed and approved regarding the 12 regulations and any related matter. 13 7. For regulation approval purposes, this 14 order shall take effect immediately from and after its 15 passage; however, the attached regulations shall become 16 effective and operative on January 1, 2023, their 17 effective date as stated in the regulations. 18 This matter was ordered, approved and 19 adopted at a public meeting held in compliance with 20 Chapter 551 of the Texas Government Code and Texas Open 21 Meetings Act. 22 And then we need to go ahead and take a 23 vote. So my motion is that we take a record vote at 24 that point, and then we can execute this order which 25 says: 119 1 Ordered, approved and adopted on this the 2 28th day of November, 2022, and I'll put in the time 3 period that the record was completed. 4 COMMISSIONER BELEW: Second. 5 JUDGE KELLY: So we've got a second -- a 6 motion and a second. So with that, we'll call for 7 Precinct 1. 8 COMMISSIONER BELEW: Yes. 9 JUDGE KELLY: Precinct 2. 10 COMMISSIONER GIPSON: Yes. 11 JUDGE KELLY: Precinct 3. 12 COMMISSIONER LETZ: Yes. 13 JUDGE KELLY: Precinct 4. 14 COMMISSIONER HARRIS: Yes. 15 JUDGE KELLY: And I vote yes. So, 16 therefore, we have now adopted the new subdivision 17 rules. 18 COMMISSIONER HARRIS: It's a long time 19 coming. 20 JUDGE KELLY: Yeah. Excited about it. And 21 the time is 12:58 -- and that is p.m., right? 22 Okay. Pass them around. 23 And for those of you observing the signing, 24 we are all signing in blue ink so we'll know which the 25 original is. 120 1 And let the record reflect that this is the 2 second set of subdivision rules that you signed. 3 COMMISSIONER LETZ: It's the third. Well, 4 we -- it's really the second major one. It was a big 5 revision in there. It's actually only the third 6 subdivision rules, period. I mean major. We've had a 7 lot of amendments and changes, but there's the '83 8 version, the version that -- 9 JUDGE KELLY: On Page 71 is a certificate of 10 adoption, approved by Commissioners' Court of Kerr 11 County, Texas, adopted November 28, '22 -- 2022. And 12 it's: I, Rob Kelly, the undersigned, being the County 13 Judge of Kerr County and the presiding officer of the 14 Commissioners' Court of Kerr County, do hereby certify 15 that the above and foregoing instrument with attached 16 addendum is the subdivision and manufactured home rental 17 community regulations for Kerr County, Texas, which 18 instrument was duly considered, approved, and adopted by 19 the Commissioners' Court at a public meeting duly 20 convened and conducted on this day. 21 Copies of the regulations may be obtained 22 from the official minutes from Commissioners' Court, 23 filed with and maintained by the County Clerk of Kerr 24 County, Texas, or reviewed and downloaded from the Kerr 25 County website of said county at www.co.kerr.tx.us. 121 1 Executed on the 28th day of November, at one o'clock 2 p.m. 3 COMMISSIONER LETZ: I don't think we need to 4 change anything but the next pay period begins December 5 4th. 6 (Discussion off the record.) 7 COMMISSIONER LETZ: As of the next pay 8 period, so -- are we going to eat lunch now? 9 JUDGE KELLY: I'm -- let's -- getting it all 10 finalized here. 11 MRS. STEBBINS: Good job, Charlie. 12 MR. HASTINGS: Thank goodness for Chuck. 13 JUDGE KELLY: The County Attorney and the 14 Court Coordinator have signed off on the official 15 completion of adopting these rules. 16 COMMISSIONER LETZ: Only took three years. 17 COMMISSIONER HARRIS: Yeah. Charlie, you 18 did a lot of heavy lifting and we appreciate it. 19 MR. HASTINGS: Seems longer than that. I'm 20 glad it's over. I hope they're not out of date already. 21 If they are I won't say anything. 22 COMMISSIONER LETZ: I'm sure there will be 23 some tweaks we have to do along the way. But nothing 24 major. 25 COMMISSIONER LETZ: Do we have to wait until 122 1 we get the Court order put out? 2 MRS. GRINSTEAD: I have the court order 3 number on there, so I think we're good. Because he says 4 it's got to be on the website without delay, and then 5 County Clerk's Office for public inspection. I think 6 we're good. 7 JUDGE KELLY: Signed, sealed and delivered? 8 MRS. GRINSTEAD: Uh-huh. 9 JUDGE KELLY: We're adjourned. 10 * * * * * * 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 123 1 2 STATE OF TEXAS * 3 COUNTY OF KERR * 4 I, DEBRA ELLEN GIFFORD, Certified Shorthand 5 Reporter in and for the State of Texas, and Official 6 Court Reporter in and for Kerr County, do hereby certify 7 that the above and foregoing pages contain and comprise 8 a true and correct transcription of the proceedings had 9 in the above-entitled Regular Commissioners' Court. 10 Dated this the 9th day of December, A.D. 11 2022. 12 13 /s/DEBRA ELLEN GIFFORD Certified Shorthand Reporter 14 No. 953 Expiration Date 04/30/2023 15 * * * * * * 16 17 18 19 20 21 22 23 24 25