Pact with Kerr County put on hold to gain more answers, input on 391
Kendall County Commissioners Court Tuesday tabled a motion to enter into an agreement with Kerr County to form a 391 sub-regional planning commission, to help thwart the arrival of battery energy storage systems in the county.
A 391 commission would bring together representatives of both counties that could give the two entities “a seat at the table,” as County Commissioner Chad Carpenter said, when government agencies have issues before them — where previously, the county had no say in the matter.
“This is just another level of getting ‘a seat at the table,’” Carpenter said. “It doesn’t give us the ability to say no to them, it doesn’t give us a voting seat on TCEQ ... it gives us a little bit more standing when it comes to us standing together, saying, ‘We’re tired of this.’” The county continues to receive support, encouragement and angst from county residents about the possibility of battery energy storage systems (BESS) developing along Flat Creek Road, a tiny county road in Comfort where dozens of residents have resided for decades — but have gained the attention of BESS operators, who want to build their units there.
The state Legislature allows for 391 commissions “to encourage and permit local governmental units to join and cooperate to improve the health, safety, and general welfare of their residents; and plan for the future development of communities, areas, and regions.”
County Commissioner Andra Wisian said commissioners know a sub-regional planning committee “would provide us no additional authority, we already knew that.”
But such a committee “forces this coordination ... so that when these government agencies start these processes ... they are legally required to notify us,” Wisian said. “Right now, we don’t get this notification until the rest of you get it.”
But County Judge Shane Stolarczyk stands in opposition to formulation of a 391 for Kendall.
“I just think we have a better way of doing it,” Stolarczyk said. “I think using our fire code and our expert, that is going to be our best approach, in my opinion.”
He said there is no “clear-cut answer that this is a solution, so why would we go down this road” if it is not the best solution for Kendall County.
The judge said none of the commissioners fully understands the scope and magnitude of what a 391 can, and can’t, do.
“A 391 (is) not fully understood by anyone on this court. Why would we go down a path where we don’t know really what we’re getting into?” he said. “I don’t think that’s a smart decision.”
But the judge expressed his primary opposition, as “having decisions being made by folks with no ties to Kendall County.”
“I don’t want non-Kendall County folks making decisions for Kendall County residents,” he bluntly said. “I want our people making decisions for us.”
“We know what’s unique and best for Kendall County; I think your elected officials are the ones who should be making those decisions for you,” he added.
Commissioner Richard Chapman brought up several points in the sub-regional planning commission agreement with Kerr County that would need to be clarified before the commission could sign on, including fee structure and appointment of members.
The commission then voted to table the matter, to allow for a more detailed look into the formation of a 391 agreement.
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