Kerr County hires BESS expert and tables decision on part‑time fire marshal after public debate

Kerr County Commissioners Court · January 12, 2026

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Summary

The court voted to engage Dr. Robert Steele as an hourly expert to review battery energy storage (BESS) submissions (rate $250/hr, budgeted from professional fees). A contentious public discussion followed on hiring a county fire marshal; the court tabled a motion to hire a part‑time marshal pending further legal review and a proposed resolution on court authority and permit/fee processes.

Kerrville, Texas — Kerr County Commissioners on Jan. 12 voted to engage Dr. Robert Steele as a contract expert to review battery energy storage system (BESS) documentation submitted to the county and, if needed, to inspect installations. The court also heard extended public testimony on whether to hire a part‑time county fire marshal; after executive session the court tabled the marshal hire to pursue legal review and to draft a clarifying resolution.

Dr. Steele: scope and cost Commissioner Paces moved to retain Dr. Robert Steele — an expert in UL 9540 and NFPA 855 standards cited in the transcript — on an hourly basis at $250 per hour. Commissioners discussed the likely workload if an applicant submits full documentation; the court heard a worst‑case estimate of roughly 100 hours (~$25,000) if a single BESS application required full review, but officials emphasized most submittals arrive piecemeal and cost will be case‑by‑case. The court approved the engagement with a small contract amendment (deleting clause No. 10 in the draft contract) and indicated fees will be paid from the county’s existing professional services budget line.

Public comments and fire marshal discussion Item 1.18 drew numerous speakers. Aubrey Burner, representing local residents, urged a proactive part‑time fire marshal to review incoming BESS submissions and recommended charging application fees similar to Van Zandt County (a figure of $55,000 for an application was cited by a public speaker). Business counsel Steve Schulte told the court to proceed cautiously, noting that new county‑level regulation or inspection authority could increase construction costs and affect housing affordability; he urged careful cost analysis.

After an executive session to consult with counsel, Commissioner Paces moved to table the motion to hire a part‑time fire marshal and seek additional legal analysis and a resolution that clarifies the commissioners court’s authority to receive and review BESS documentation and to attach permit/fee provisions to cover review costs. The motion to table was seconded and consented to; the court will revisit the matter at a subsequent meeting after legal follow up.

Quote: "This is kind of the first bite of eating the elephant," the judge said about the county’s initial steps on BESS reviews; "we’re trying to come up with the best that we can."

Next steps: County staff will proceed with Dr. Steele’s engagement to review East West BESS materials already submitted and return to the court with a recommended resolution and legal options regarding permit/fee structures and whether the commissioners court can be the receiving agency for BESS applications.