1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Special Session 5 Thursday, December 9,2021 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 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 1.1 Consider, discuss and take appropriate 3 action to accept donation that was given 4 to the Tax Assessor Office for the Kerr County Christmas party. 5 1.2 Discussion and potential action pursuant to 4 6 Chapter 42 of the Texas Election Code and other authority regarding approval of a 7 revised 2021 County Election Precinct Plan, and all related matters. 8 *** Adjournment. 16 9 *** Reporter's Certificate. 17 10 * * * * * * 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 1 JUDGE KELLY: It is 9 o'clock. (Gavel 2 bang.) Court will come to order. This is a special 3 Commissioners' Meeting. It is Thursday, December the 4 9th, 2021, 9 o'clock in the morning, and Court will be 5 in session. 6 This is a one item agenda. I say one item; 7 two items. One subject agenda, which is the 1.1 is to 8 consider, discuss and take appropriate action to accept 9 the donation that was given to the Tax Assessor Office 10 for the Kerr County Christmas party. Mr. Reeves. 11 MR. REEVES: Yes. Good morning. This is 12 simply requesting the Court's approval. We have 13 received various gift cards from taxpayers. I turned 14 them over to Mrs. Grinstead and ask for approval to give 15 them away tomorrow to all of the employees as raffle 16 items. 17 COMMISSIONER BELEW: Move for approval. 18 COMMISSIONER LETZ: Second. 19 COMMISSIONER HARRIS: Second. 20 JUDGE KELLY: Got a motion from Commissioner 21 Belew, second from Commissioner Harris. Any discussion? 22 Those in favor raise your hand. Unanimous. Thank you. 23 Let me call Chuck Kimbrough, and we'll call 24 item number 2. Oh, I have to remember how to do this. 25 MRS. STEBBINS: Just talked to Chuck this 4 1 morning, he's ready for you. 2 (Off the record.) 3 JUDGE KELLY: Apologize to the public for my 4 technical insufficiences. I'm just not good with this 5 stuff. 6 COMMISSIONER BELEW: That's not why they 7 voted for you. 8 MRS. STEBBINS: There are worse things. 9 JUDGE KELLY: That's why we have IT 10 Department. 11 (Off the record.) 12 JUDGE KELLY: Chuck -- 13 MR. KIMBROUGH: Yes, Sir. 14 JUDGE KELLY: -- can you hear us? 15 MR. KIMBROUGH: Yes, Sir. 16 JUDGE KELLY: Okay, I'm going to call item 17 1.2 on our agenda, which is discussion and potential 18 action pursuant to Chapter 42 of the Texas Election Code 19 and other authority regarding approval of revised 2021 20 County Election Precinct Plan and all related matters. 21 I've got Mr. Reeves at the podium and you on 22 the line. 23 MR. KIMBROUGH: Okay. 24 JUDGE KELLY: Who goes first? 25 MR. KIMBROUGH: Mr. Bob Reeves, do you want 5 1 to introduce the proposed plan? 2 MR. REEVES: Yes, Sir, Counselor. I 3 appreciate the opportunity. 4 As of November 4, 2021, the number of 5 registered voters in the respective voting precincts 6 range from 307 to 4,143. The lowest number of voters is 7 in the precinct in far west Kerr County known as the 8 Divide. 9 After visiting with counsel, we do not feel 10 a need to consolidate this precinct with any other 11 precincts because of the extreme distances that they 12 would have to travel. This precinct is 410. The 13 largest voting precinct is three one -- twelve, and in 14 my opinion, probably the Court as well, one of the 15 fastest growing areas of the City of Kerrville. 16 Basically the The Summit, Vicksburg Village, 17 the property along Loop 534. After we reviewed the 18 boundary changes of the commissioner's precincts, I 19 submitted to Mr. Kimbrough and for y'all's review and 20 approval at this time the follow changes: 21 The area which we discussed in length at our 22 November third meeting involved moving territory from 23 Commissioner Precinct 4 to Commissioner Precinct Number 24 1. This is area commonly referred to Turtle Creek -- 25 Upper Turtle Creek, what have you. 6 1 We would request that all of the area that 2 was moved to Commissioner's Precinct Number 1 be moved 3 to voting Precinct 107 from voting Precinct 406. The 4 estimated number of voters would be about 50. 5 If y'all have your backup material, I'm not 6 sure if you do with the maps, that it would be on page 5 7 would be the best description of it. The numbers are a 8 little hard to see on the printout. If you'll look in 9 the upper right corner of your maps, it shows Election 10 Precinct 107, that's the title to the map. 11 And once again, as I said, this would be 12 moved solely because of moving from one Commissioner 13 Precinct to another. 14 The second area that I referred to, it would 15 be found on page 7 of your maps. It's the area along 16 Methodist Encampment Road. Basically the western side 17 of Methodist Encampment. If you'll recall it was moved 18 from Commissioner Precinct Number 1 to Commissioner 19 Precinct Number 4. Because of this move in 20 Commissioner's Precinct, we feel that the appropriate 21 Voting Precinct will be 417 for that area instead of 22 Voting Precinct 113. And the estimated number of voters 23 is 120. 24 Item number 3 can be found on page 17 of 25 your backup material. And it's basically going to be 7 1 the area for you to look at in the lower right hand 2 corner right above the title of Mr. Kimbrough's firm. 3 This is the area that was moved from Commissioner 4 Precinct 2 to Commissioner Precinct Number 3. With this 5 move it's basically bounded by East Main, Singing Wind 6 and Meadowview. 7 If you'll recall, it could be moved to 8 either voting Precinct 312 or 314. Since this area of 9 movement adjoins both of those voting precincts. It's 10 the opinion of Mrs. Alford and myself that due to the 11 large amount of voters in voting Precinct 312 that it 12 would be more prudent to move this. 13 ^ Year ^ Area to Voting Precinct 314. The 14 estimated number of voters in that Precinct would be 434 15 additional voters that will be moving. 16 COMMISSIONER BELEW: Bob, what has been the 17 polling place for that one? 18 MR. REEVES: The polling place for 312 or 19 314? 20 COMMISSIONER BELEW: 312. 21 MR. REEVES: The polling place for 312 is 22 Zion Lutheran. 23 MRS. ALFORD: Correct. 24 COMMISSIONER BELEW: And the other one is 25 the Union Church? 8 1 MRS. ALFORD: No. Cailloux. 2 MR. REEVES: When it was in Precinct Number 3 2, Commissioner Precinct 2, they voted at the Union 4 Church. But now it's just a little farther down for 5 that. 6 Next probably is the only recommended move 7 of a Voting Precinct that is not impacted by a change in 8 Commissioner's line. This is because of how large 9 Precinct 312 is getting, we are recommending everything 10 basically that was in Voting Precinct 312 east of Loop 11 534, if you will, if you go up, taking in the The Summit 12 area bounded by Sidney Baker, move that to voting 13 Precinct 303. This can be found on page 16 of your 14 maps. It will actually place those voters closer to a 15 polling place than they are now currently, because 16 currently they would vote at the Zion Lutheran Church. 17 By moving them into voting Precinct 303 they'll vote at 18 the Calvary Temple Church, which is basically adjacent 19 to that. 20 Finally, the extensive amount of area in 21 east and southeast Kerr County, which was moved from 22 Commissioner Precinct Number 2 to Commissioner Precinct 23 3, that area would be moved from Voting Precinct 202 to 24 Voting Precinct 308. This would include the Elm Pass 25 area, some of the Lane Valley area that was in 9 1 Commissioner Precinct 2. This is just another move 2 that's necessitated by change in Commissioner lines. 3 There have been some discussion that Elm 4 Pass area possibly could vote at the old fire station; 5 however, the fire station's not in the area that was 6 moved, so -- so it's -- that's the only public building 7 to my knowledge in that area. 8 We will still have 20 Voting Precincts. And 9 as I said before that the changes noted in all but the 10 one area, I talked about the The Summit and around Loop 11 534, is due to changes in Commissioner's Precincts. 12 At this time if you have questions of myself 13 or Mr. Kimbrough, one of us would be glad to answer. 14 JUDGE KELLY: I'm good with it. 15 COMMISSIONER LETZ: I'm good with all of 16 them. 17 JUDGE KELLY: Chuck, do you have anything to 18 add? 19 MR. KIMBROUGH: No, Sir. Do you have -- 20 COURT REPORTER: Can he speak a little 21 louder? 22 JUDGE KELLY: Speak a little louder, Chuck, 23 so the Court Reporter can hear you. 24 MR. KIMBROUGH: I can take it off the 25 speaker and do it hand held. The vote order is 10 1 simple -- 2 (IT turning volume up.) 3 MR. KIMBROUGH: -- basically contains 4 recitals about the obligations that you have under 5 Chapter 42 of the Election Code and other statutes, and 6 that you need to have in an odd numbered year like this 7 one where we have a redistricting year, make the changes 8 and get them into state government by a certain time. 9 And I talked to you about the post approval 10 task that had to be performed after your vote. But when 11 you get to page 2 of the order, those are the action 12 descriptions, and it's paragraph 3 that's important. If 13 you vote to approve the Exhibit A Map Packet that will 14 be called your 2021 revised Kerr County Election 15 Precinct Plan that will begin on January the first, 16 2022, and thereafter, including you know the 17 descriptions in number six, paragraph six, which talks 18 about the use for all elections for county officers and 19 other elections administered by the County beginning 20 1-1-22. Until such time as a subsequent revised and 21 lawfully enacted other county election precinct plan or 22 map revision is approved. And then it's got a spot for 23 your signature -- signatures, and the date's already on 24 it. 25 So if you approve this, we need an executed 11 1 voted order with the Exhibit A map attachment attached 2 to go into the minutes, and then I'll explain to you 3 after your vote about post approval tasks which need to 4 be performed. 5 That's all I have unless you have questions 6 for me. 7 COMMISSIONER LETZ: I make a motion to adopt 8 the order as submitted. 9 COMMISSIONER BELEW: Second. 10 JUDGE KELLY: Okay a motion and a second to 11 adopt order as submitted. Is there any discussion? 12 Those in favor raise your hand. Unanimous, five zero. 13 We passed it, Chuck. 14 MR. KIMBROUGH: Okay. Your Captain Jody 15 will know what to do along with the County Clerk's 16 Office to get this matter into the minutes. But 17 here's the -- here are the steps that we need to take 18 going forward. And these are part of Chapter 42 of the 19 Texas Election Code. 20 The Texas Secretary of State's Office has to 21 get your new plan. And there's a two-step process, and 22 we always like to make it a one-step process. Within 20 23 days of today you must give notice to the Secretary of 24 State that new plans have been approved and adopted. 25 There is a requirement that a special notice 12 1 be prepared that shows that the plan has been approved 2 and contains a summary of the changes. Me and Mr. 3 Reeve's Office will work on that special notice. But 4 when the special notice is prepared, it goes on to your 5 website, and at your courthouse door, or the usual 6 posting location where you put your meeting agendas. 7 Website, and at the usual physical posting location, 8 that notice goes up. 9 Now, what I always say to do, particularly 10 with a Commissioners' Court like y'all who are -- who do 11 this all the time, the order itself with the map 12 attachment needs to go up on your website, too, without 13 delay. Without delay. So as soon as possible get a 14 copy of the executed vote order with the attached map 15 packet Exhibit A put up on your website. 16 Me and Mr. Reeves will give you the special 17 notice that talks about the changes, put that on your 18 website, and at the usual physical courthouse posting 19 location. 20 And then there's another requirement, that 21 special notice that talks about the changes has to be 22 published in a newspaper of general circulation in Kerr 23 County for three consecutive weeks. I might add that 24 the physical posting and the website postings have to 25 stay up for at least three weeks. 13 1 With the election season upon us, you'll 2 probably want to leave the website document and your 3 paper copies that you post on the courthouse door, you 4 probably oughta leave them up for sometime. But the 5 statute says three weeks. Three weeks for the local 6 postings, and three consecutive weeks in the newspaper. 7 We can handle all that with you through Bob's Office. 8 But that's how we do it. Now -- 9 COMMISSIONER BELEW: Chuck, I have a 10 question. 11 MR. KIMBROUGH: Go ahead. 12 COMMISSIONER BELEW: Chuck, this is Harley. 13 Does that three weeks start now or closer to the 14 election? Can it be three weeks ahead of the election? 15 MR. KIMBROUGH: No. You need to get it in 16 next week, in the newspaper next week and run it for 17 three. And that way you'll have it. You'll have your 18 three weeks done before the end of the calendar year. 19 COMMISSIONER BELEW: Yeah. But nobody's 20 going to ask about it until three weeks until the 21 election. 22 JUDGE KELLY: That's true, but we need to 23 have the appearance of complete disclosure and 24 transparency so that people if they don't know what -- 25 that they've been moved, then it's their neglect; not 14 1 ours. 2 COMMISSIONER HARRIS: Right. It could stay 3 up on our web page -- website forever, you know. 4 MR. KIMBROUGH: Yes, Sir. And you could put 5 it back into the newspaper for more publications if you 6 want, but the statute says three consecutive weeks. 7 Now, there's a 20-day notice that has to be 8 done 20 days from today, on or before 20 days, and then 9 there's 120 day notice. Both of them to the Texas SOS. 10 The map, what we call the base map, which is the first 11 map in your packet, has to be given to the Secretary of 12 State's Office, and you can do it by e-mail. There's a 13 drop box e-mail that you send it to, within 120 days of 14 your vote day, your approval vote day. 15 Well, we got the map ready, and once we get 16 the notice ready and get at least a first newspaper run, 17 you know, the first weeks newspaper run, we're going to 18 send it all to them at once, you know, rather than you 19 know wait any longer, and get it over with. 20 So I'll give you a detailed e-mail about the 21 steps, but I'm talking you through it now. And it's 22 something that typically you'd want us to work with Mr. 23 Reeves' Office to get it all done, and tell you that we 24 got it whipped, how does that sound? 25 JUDGE KELLY: That's what I'd like to do. 15 1 MR. KIMBROUGH: Okay. I figured. We'll get 2 it done for you. 3 I can't tell you how much help Bob has been 4 to me personally in making sure that we got the lines 5 right on the maps. Thank you, Bob. 6 MR. REEVES: My pleasure, Sir. 7 MR. KIMBROUGH: And Nadene, and Miss Alford, 8 you too. And Jody. Don't forget Jody. 9 JUDGE KELLY: We never forget Jody. 10 MR. KIMBROUGH: Yeah, I get it. She's 11 something special to help me, I'll tell ya that. 12 JUDGE KELLY: Okay. So is there anything 13 else we need to do in this meeting? 14 COMMISSIONER LETZ: I have a quick question 15 for Chuck. Where are we on subdivision rules? 16 MR. KIMBROUGH: Well, I've been thinking 17 about that, Commissioner Letz, and I need to -- I need 18 to get back to you on that. 19 JUDGE KELLY: Well, I'll let you know, 20 Chuck, that a lot of citizens have been asking about 21 this, too, so they're thinking about it also. 22 COMMISSIONER HARRIS: Right. 23 MR. KIMBROUGH: Yes, Sir. 24 COMMISSIONER LETZ: Maybe January. 25 MR. KIMBROUGH: No, it's going to be -- I 16 1 have to start looking at it before January. Once I got 2 this election Kerr County matter behind me I'm turning 3 my attention for y'all's interest to the subdivision 4 revisions. 5 JUDGE KELLY: That's pretty important for us 6 right now. 7 MR. KIMBROUGH: I understand. 8 JUDGE KELLY: Just letting you know. 9 COMMISSIONER LETZ: Thank you, Chuck. I 10 just had to bring it up. 11 MR. KIMBROUGH: Well, I'm not traveling as 12 much as I have been. Most of my meetings now are going 13 to -- I've got four stacked up today. Yours is the 14 first. But I'm not traveling up and down I-10 like I 15 was for awhile. 16 JUDGE KELLY: Okay. There being nothing 17 else, then we'll be adjourned. Thank you, Chuck. 18 * * * * * * 19 20 21 22 23 24 25 17 1 STATE OF TEXAS * 2 COUNTY OF KERR * 3 I, DEBRA ELLEN GIFFORD, Certified Shorthand 4 Reporter in and for the State of Texas, and Official 5 Court Reporter in and for Kerr County, do hereby certify 6 that the above and foregoing pages contain and comprise 7 a true and correct transcription of the proceedings had 8 in the above-entitled Special Commissioners' Court. 9 Dated this the 11th day of December, A.D. 10 2021. 11 12 /s/DEBRA ELLEN GIFFORD Certified Shorthand Reporter 13 No. 953 Expiration Date 04/30/2023 14 * * * * * * 15 16 17 18 19 20 21 22 23 24 25