Kendall County appoints two commissioners to negotiate regional '391' planning commission with Kerr County

Kendall County Commissioners Court voted 5-0 on Jan. 28 to deny the interlocal agreement as presented and instead appoint two county commissioners to meet with Kerr County and attorneys to negotiate terms for a proposed Hill Country Subregional Planning Commission, commonly referred to in the meeting as the "3 91." The court appointed Commissioner Jennifer Wiesgen and Commissioner Chad Carpenter to serve as the Kendall County negotiating team.

Supporters said the commission would give local governments a seat at state agency tables and formal coordination on permits and emergency planning. Former Commissioner Richard Elkins urged caution, saying the body could evolve into an independent political subdivision with its own staff, budget and authority. "The 3 91 is a commission. It's a political subdivision with complete power of its own. The court has no control over that organization," Elkins said during public comment.

The outcome came after more than an hour of discussion and public comment. Several residents, including Don Miller, Wanda McCarthy and Audrey Burner, urged the court to move forward, arguing the commission would provide a venue to coordinate state permitting and improve public notice for projects such as battery energy storage and large wastewater or concrete operations. "I think this just adds to the necessity to move forward with the 3 91," Miller said, citing out-of-state battery fire research that he said heightened local safety concerns.

Court members described the vote as a procedural way to keep negotiations moving while recognizing that Kerr County must separately approve any interlocal agreement. Commissioner Richard Chapman, urging prompt action, said the courts should send two representatives and legal counsel to meet with Kerr County to refine the interlocal language rather than attempting to resolve all points in open court. "Why don't we put up to 2 people to get started on this initiative today instead of putting it off any longer?" Chapman said.

Several commissioners emphasized limits on the commission's powers would be set in bylaws drafted by the regional body and then approved by participating commissioners courts. Commissioner Jennifer Wiesgen said the draft bylaws under discussion were intentionally short and that participating county courts would retain approval authority: "The structure of the 3 91 is going to be established by bylaws... the Commissioner's courts have to approve the bylaws." She and others said counsel and local representatives would work to preserve a dissolution clause and to avoid creating an entity that would automatically seek grant funding or hire staff without member approval; consultant Dan Byfield of Steward(s) of Liberty was cited as advising against taking grants.

Former Commissioner Elkins warned that the commission could, over time, seek state or federal money that would bring oversight and reporting obligations and potentially shift local control. Supporters countered that coordinated regional representation would give the county formal standing at agency meetings and could force better coordination on permit hearings.

What the court did: it voted to deny the interlocal agreement as presented and to appoint Commissioner Jennifer Wiesgen and Commissioner Chad Carpenter to meet with Kerr County representatives and legal counsel to negotiate interlocal language and bylaws. The court recorded a 5-0 vote in favor of the motion.

Next steps: the two commissioners and county counsel will meet with Kerr County representatives and their attorneys to refine the interlocal agreement and draft bylaws. Any final interlocal agreement and bylaws must be approved by each participating county's commissioners court before the regional commission could be formally created or take action.