1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Regular Session 5 Monday, June 13, 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 *** Commissioner's Comments 8 4 1.1 Consider, discuss and take appropriate 9 action to select the bond option for the 5 Indoor Arena at the Hill Country Youth Event Center. 6 1.2 Consider, discuss and take appropriate 13 7 action on request from Community Council of South Central Texas, Inc. (CCSCT) to 8 approve Proclamation celebrating Community Action Month in May, 2022. 9 1.4 Consider, discuss and take appropriate 15 10 action to approve purchasing vehicles for Environment Health Department. 11 1.3 Consider, discuss and take appropriate 24 12 action regarding the responsibilities of the Sexual Assault Recovery Team (SART). 13 1.5 Consider, discuss and take appropriate 35 14 action to extend the audit submittal deadline of 30 days for Emergency Services District #1 15 (ESD #1). 16 1.6 Consider, discuss and take appropriate 37 action to accept Emergency Services District 17 #1 (ESD #1) compilation report. 18 1.7 Consider, discuss and take appropriate 37 action to accept Emergency Services District 19 #2 (ESD #2) compilation report. 20 1.8 Consider, discuss and take appropriate 38 action to approve Resolution authorizing the 21 submission of an application to FEMA Hazard Mitigation Assistance Grant to develop a 22 Hazard Mitigation Plan for the County and its participants. 23 24 25 3 1 I-N-D-E-X 2 NO. PAGE 3 1.9 Consider, discuss and take appropriate 39 action to receive and open bids for 4 administrative services for requests for proposals (RFP) for the administrative 5 services related to the Hazard Mitigation Assistance (HMA) grant programs. 6 1.10 Consider, discuss and take appropriate 39 7 action to select Committee to review the requests for proposals (RFP) received for 8 administrative services related to the Hazard Mitigation Assistance (HMA) grant 9 programs. Said Committee to provide their recommendation for final approval by the 10 Court. 11 1.11 Consider, discuss and take appropriate 41 action to approve Scoring Sheet to be used 12 to review requests for proposals (RFP) received for administrative services related 13 to the Hazard Mitigation Assistance (HMA) grant programs. 14 1.12 Consider, discuss and take appropriate 41 15 action to authorize County Judge to sign and submit County's request for Capital 16 Credits from the Texas Comptroller of Public Accounts. 17 1.13 Consider, discuss and take appropriate 42 18 action to address the possibility of prohibiting or restricting the sale or use 19 of restricted fireworks (i.e.: "skyrockets with sticks" and "missiles with fins") in 20 any portion of the unincorporated area of Kerr County, pursuant to Local Government 21 Code 352.051 for the Fourth of July fireworks season. 22 1.14 Public Hearing, pursuant to Chapter 312, 45 23 Texas Tax Code and other authority, regarding the proposed Kerr County, Texas Economic 24 Development Program, including Guidelines and Criteria for Tax Abatement ("Program"). 25 4 1 I-N-D-E-X 2 NO. PAGE 3 1.15 Consider, discuss and take appropriate 45 action regarding the approval of the 4 proposed Kerr County, Texas Economic Development Program, including Guidelines 5 and Criteria for Tax Abatement, and all related matters. 6 1.16 Consider, discuss and take appropriate 46 7 action for the Court to release Bond Number RCB0027284 in the amount of $125,000.00 for 8 the January 13, 2020 version of Tortuga Arroyo Estates, a subdivision plat that was 9 never filed and has been replaced with a new preliminary plate dated December 27, 2021. 10 1.17 Public Hearing for a revision of plat for 49 11 Y.O. Ranchlands, Tracts 46B, 46C and 49A, Volume 5, Page 345 - Volume 6, Page 128. 12 1.18 Consider, discuss and take appropriate 49 13 action for the Court to approve a preliminary plat of Steel Creek Estates, Center Point, TX. 14 1.19 Consider, discuss and take appropriate 64 15 action for the Court to set a public hearing for 10 a.m. on July 25, 2022 for a 16 revision of plat for Staacke Ranch Lots 3 and 4, Volume 5, Page 77. 17 1.20 Consider, discuss and take appropriate 65 18 action for the Court to conditionally approve a final plat for Mystic Ridge 19 Estates, with the condition that the City of Kerrville approve and sign plat, and 20 accept Bond Number LICX1210568 in the amount of $1,459,250.00 for associated construction 21 improvements. 22 1.21 Consider, discuss and take appropriate 67 action for the Court to set a public hearing 23 for 10 a.m. on July 25, 2022 for revision of plat for Pecan Valley No. 2 Lots 4 and 5, 24 Volume 5, Page 77. 25 5 1 I-N-D-E-X 2 NO. PAGE 3 1.22 Consider, discuss and take appropriate 68 action to approve updated job description 4 for Road Maintenance Technician. 5 1.23 Public hearing for the purpose of presenting 74 the County Clerk's Annual Record Archival 6 Plan in accordance with Local Government Code 118.025(g). 7 1.24 Consider, discuss and take appropriate 74 8 action to approve and accept the County Clerk's Annual Archival Plan as presented 9 for fiscal year 2022-2023, and authorize County Judge to sign the contract with 10 Scott-Merriman, Inc. for book preservation services. 11 1.25 Consider, discuss and take appropriate 80 12 action to approve and adopt the County Clerk's fee schedule for fiscal year 2022- 13 2023, to be effective October 1, 2022 through September 30, 2023. 14 1.26 Consider, discuss and take appropriate 81 15 action to adopt the job description for a new position called "Deputy Clerk-Archive 16 Specialist", to be effective 10-01-2022. 17 1.27 Consider, discuss and take appropriate 84 action to approve the "Computer System and 18 Software License Sales Agreement", and the "Replication Software License Agreement", two 19 contracts, with Fidlar Technologies, to be effective 10-01-2022, and authorize County 20 Judge to sign same. 21 1.28 Consider, discuss and take appropriate 87 action to approve the FY-23 HEBP renewal. 22 1.29 Consider, discuss and take appropriate 89 23 action to approve the FY-23 TAC liability review questionnaire. 24 25 6 1 I-N-D-E-X 2 NO. PAGE 3 1.30 Consider, discuss and take appropriate 90 action to approve the market adjustment 4 increase policy for the District Attorney's Offices. 5 1.31 Consider, discuss and take appropriate 95 6 action to approve the revision of Airport job descriptions. 7 1.32 Consider, discuss and take appropriate 96 8 action to approve the market adjustment increase policy for the Airport. 9 1.33 Consider, discuss and take appropriate 97 10 action to approve Holiday Schedule for fiscal year 2022-2023. 11 1.34 Passed. 12 1.35 Consider, discuss and take appropriate 98 13 action to approve $1,000.00 donation from a citizen for the Sheriff's Special 14 Response Team Fund. 15 1.36 Consider, discuss and take appropriate 98 action to approve $1,000.00 donation from 16 a citizen for the Sheriff's Equipment Fund. 17 1.37 Consider, discuss and take appropriate 98 action to approve the Cailloux Foundation 18 Challenge Grant No. 2022019 to the Kerr County Sheriff's Office in the amount of 19 $150,000.00, and allow the County Judge to sign the same. 20 1.38 Consider, discuss and take appropriate 101 21 action to surplus a 2017 Chevrolet Tahoe, VIN# 1GNLCDEC2HR170079 with 91,472 miles, 22 and a bad transmission, to be sold by Enterprise Fleet. 23 1.39 Consider, discuss and take appropriate 103 24 action to determine whether or not Kerr County will be claiming lost revenue under 25 the ten million dollar lost revenue presumption of the American Rescue Plan Act. 7 1 I-N-D-E-X 2 NO. PAGE 3 1.40 Discussion regarding governmental and 107 administrative development in Ingram, 4 and impact on Kerr County. 5 2.1 Budget Amendments. 117 6 2.2 Pay Bills. 117 7 2.3 Late Bills. 118 8 2.4 Auditor Reports. 118 9 2.5 Accept Monthly Reports. 119 10 2.6 Court Orders. 120 11 3.2 Status reports from Elected Officials. 120 12 3.1 Status reports from Department Heads. 126 13 3.3 Status reports from Liaison Commissioners. 127 14 *** Adjournment. 131 15 *** Reporter's Certificate. 132 16 * * * * * * 17 18 19 20 21 22 23 24 25 8 1 JUDGE KELLY: Kerr County Court is now in 2 session, come to order. It is Monday, June the 13th of 3 2022. It's 9 o'clock in the morning. I ask everybody 4 to turn your phones off or to silence. And if you would 5 please stand and join us in the prayer and the pledge, 6 which will be led by Commissioner Gipson. 7 (Prayer and pledge.) 8 JUDGE KELLY: For those of you that visit, 9 Commissioner Gipson and I are the two veterans on the 10 court, and he got ready to salute the flag, and we don't 11 do that out of uniform anymore. 12 (Laughter.) 13 JUDGE KELLY: So next part of of the agenda 14 is the public input. This is the opportunity that we 15 afford every time we meet in regular meetings to listen 16 to the public. This is the opportunity for you to talk 17 to us. We request that you keep your remarks limited to 18 three minutes, and we ask that you address something 19 that is not on the agenda. If it is on the agenda we 20 ask that you wait for the input -- until that agenda 21 item is called. 22 So the public is invited. Is there anybody 23 who would like to offer input to the Court? Thank you. 24 Moving on, we'll move on to Commissioner 25 comments. Start with Precinct 1. 9 1 COMMISSIONER BELEW: Need rain. 2 JUDGE KELLY: Need rain. 3 COMMISSIONER GIPSON: It's dry. Let's be 4 careful. 5 JUDGE KELLY: Three. 6 COMMISSIONER LETZ: Nothing. 7 COMMISSIONER HARRIS: Broken record. We 8 need rain, and need it soon. 9 JUDGE KELLY: Sounds like a long hot summer 10 to me. 11 COMMISSIONER BELEW: I can say one note, 12 that we want to thank all of our Volunteer Fire 13 Departments that went out and put out a fire in Precinct 14 1. It was a pretty big one, pretty bad. It could have 15 gotten -- could have just devastated that area. So 16 remember your Volunteer Fire Department, they do great 17 work. And Kerrville Fire Department. 18 JUDGE KELLY: Okay. We've got a pretty long 19 docket today so we're going to be try to be as efficient 20 as we can. Let's go ahead and start our consideration 21 docket item 1.1 consider, discuss and take appropriate 22 action to select the bond option for the indoor arena at 23 the Hill Country Youth Event Center. Pete Calderon. 24 MR. CALDERON: Good morning. I am Pete 25 Calderon and I am part of the Capital Improvement 10 1 Planning Committee. And we unanimously recommend Option 2 2 be placed on the ballot in November for the Kerr 3 County bond for the indoor arena. Option 2 is 4 $6,194,260.00, and we are seeking your approval. 5 JUDGE KELLY: And just by way of background, 6 I also work with the CIP. The three options that we 7 brought, one was a bare bones that would not include new 8 classrooms for 4-H, three and three and three? 9 MR. CALDERON: That's the third option, was 10 bare bones. 11 JUDGE KELLY: Well, one of them was the 12 Cadillac, one of them was the bare bones, and this was 13 the middle, where we would do just like we did the show 14 barn. There would be fans and not air-conditioning in 15 that the big barn where we finished putting the concrete 16 floor in the indoor arena. So that's what the 17 recommendation is. Right? 18 MR. CALDERON: Yes. That we go with Option 19 2. And we're seeking the Court's approval. 20 JUDGE KELLY: And we're in the process of 21 finalizing those numbers and getting ready to kick off 22 the bond campaign, and so we need to be able to get the 23 final numbers to be in place. 24 I'll go ahead and make a motion that we 25 approve Option 2 for the indoor arena to be included in 11 1 the upcoming bond issue. 2 COMMISSIONER LETZ: Second. 3 JUDGE KELLY: We got a motion and a second 4 to approve Option 2. Any discussion? 5 COMMISSIONER LETZ: I'll make just a 6 comment, the main difference -- one of the main 7 differences is adding 4-H access to the kitchen. 8 There -- and those will be dedicated to 4-H. They will 9 not be available for rent. And that has been a, you 10 know, it's an issue. 11 I mean we're -- the classrooms and some of 12 that facility have been -- are used by 4-H, and they're 13 also used to rent out. And what happens is, we as a 14 Court put pressure on Spectra to make money, so they try 15 to rent stuff. We put pressure on 4-H to use the 16 facility. And we -- and for 4-H free use of that 17 facility. 18 So this Court's created a conflict between 19 those two, and this is in essence resolving that, where 20 4-H has their dedicated space. They can still use the 21 rest of the facility, but it'll be -- this will be 22 reserved for them only. And I think it will help our 23 4-H program, and it'll also help our revenue side at 24 that facility. 25 COMMISSIONER HARRIS: I'd like to just add 12 1 that if you haven't been out there lately the roof is in 2 terrible shape, it leaks. The electrical is terrible. 3 I mean it's to me it's almost a fire hazard, and 4 something has to be done. 5 JUDGE KELLY: Well, we've had it inspected 6 and it flunked every inspection. Now, in all fairness, 7 there's some criticism in the public a lot of this is 8 just deferred maintenance. And it truly is for four 9 years. Four years it hasn't been maintained and that's 10 where we have been going with capital improvement to get 11 it going up to speed. 12 COMMISSIONER LETZ: Judge, that's true to a 13 degree in my opinion. But that facility was built by 14 volunteers in this community. And they didn't do 15 everything according to Code. I mean the electrical has 16 been an issue from the beginning. I mean it -- you 17 know, it was done by a bunch of volunteers that donated 18 a lot of money and a lot of time to build that facility, 19 and it wasn't you know -- it wasn't built by Government 20 Code. It wasn't built to a higher standard. It's a 21 great structure -- 22 JUDGE KELLY: It's a good barn. 23 COMMISSIONER LETZ: -- it was built to be a 24 barn. 25 COMMISSIONER BELEW: It wasn't in the City 13 1 limits at that time. Well, it runs along that line, and 2 most everybody else is in Code along that line. 3 COMMISSIONER LETZ: Right. But it truly 4 is -- and a lot of it is age, deferred maintenance, and 5 then the original construction was done by volunteers 6 and then given to the County. So there's a lot of 7 reasons for the price tag. Some of it definitely is 8 deferred maintenance and other reasons. 9 JUDGE KELLY: But it's time to bring it up 10 to speed. That's the bottom line. 11 COMMISSIONER HARRIS: Right. 12 JUDGE KELLY: Any other discussion? Those 13 in favor raise your hand. Unanimous. Five zero. Thank 14 you, Pete. 15 MR. CALDERON: Thank you. 16 JUDGE KELLY: Next item on the agenda is 17 item 1.2, which is consider, discuss and take 18 appropriate action on a request from the Community 19 Council of South Texas, Inc. to approve the Proclamation 20 celebrating Community Action Month in May 2022. 21 Yes, Ma'am. 22 MS. CRAWFORD: Good morning. I'm Carolyn 23 Crawford(phonetic) with Community Council, and Bobby 24 Deike who is our President was not able the be here 25 today. But I am the Coordinator for Kerr County. And 14 1 we help pay electric bills, and long term rentals, which 2 is our TBRA program. We've been in business over 50 3 years. We've been in Kerrville, I want to say at least 4 30 years, helping people with their utilities and their 5 rentals. You wanted to say something? 6 COMMISSIONER BELEW: No. You'll know if I 7 want to say something. 8 (Laughter.) 9 JUDGE KELLY: Trust me. You will. 10 MS. CRAWFORD: So we'd like for you guys to 11 approve May as Community Action Month. 12 COMMISSIONER HARRIS: I've got a question. 13 What does WIC stand for? 14 MS. CRAWFORD: That's women, infants and 15 children. 16 COMMISSIONER BELEW: I move for approval. 17 COMMISSIONER GIPSON: Second. 18 JUDGE KELLY: We've got a motion and a 19 second declaring May of 2022 as the Community Action 20 Month for the Community Council of South Texas -- 21 Central Texas, Inc. -- 22 MS. CRAWFORD: Can I ask one more question? 23 It's probably not in order, but we also have been trying 24 diligently to pay people's water bills. And because 25 we're having issue with the Kerrville Water Board, we're 15 1 not able to get in there. So if you guys could help us 2 pay -- be able to get in and pay people's water bills, 3 we would love that. I don't know how to get that. But 4 that's what we need. 5 COMMISSIONER LETZ: Not on the agenda. 6 MS. CRAWFORD: Just putting it in your ear. 7 That's all. 8 JUDGE KELLY: This -- this is just for the 9 proclamation. 10 COMMISSIONER BELEW: And bless you for what 11 you're doing. 12 JUDGE KELLY: All those in favor raise your 13 hand. Unanimous, five zero. 14 JUDGE KELLY: Good news is we're not quite 15 to 9:15, so I'm going to let Mr. Ives stay in his seat 16 and we'll skip down to item 1.4, which is consider, 17 discuss and take appropriate action to approve 18 purchasing vehicles for the Environment Health 19 Department. Reagan Givens. 20 MR. GIVENS: Good morning. So a bit of back 21 story information here. We're in the same situation as 22 other departments in the County getting new vehicles. 23 Last year I was budgeted for the purchase of two -- or 24 the lease of two Ford F-150's. They were ordered last 25 October and they have yet to come in, and there's no 16 1 projected deal date for them either. So we don't know 2 when we're going to get them. 3 In doing that, I started asking questions 4 through our Enterprise Fleet Program person, and found 5 out there's a possibility for us to get two 2022 Tahoes. 6 And so I looked into that. 7 Basically where we're at right now is kind 8 of a take what you can get type of situation. The 9 trucks we don't know about; the Tahoes we do. 10 Apparently they were ordered for a school district and 11 they didn't -- they canceled a whole bunch of them, but 12 I think some of them were already made, which right now 13 is not a huge issue for them because if people cancel an 14 order they can off load that vehicle pretty fast 15 somewhere. 16 So the complicated part of it is, and as I 17 try to explain, so we have the ability right now to get 18 two Tahoes instead of two trucks. One of the things 19 that I will be coming to discuss with you during budget 20 process is the need for two more vehicles, which would 21 need to be trucks this next budget year. 22 In talking with Enterprise, if I'm allowed 23 to get these Tahoes, we can still hold our current order 24 for the Ford F-150's and if approved during budget to 25 get those, we can just hold that order and see what 17 1 happens. Hopefully we get them this next year. If not, 2 even if those trucks were already built, we can cancel 3 that order and it's not a big deal. They can -- there 4 won't be any penalty for us ordering and holding that 5 order. 6 So unfortunately, I don't have any backup 7 for you. This came up early last week and I tried 8 through the week to get an actual quote. I was verbally 9 told total purchase price was 36 thousand, which would 10 be stretched out over the course of the year in monthly 11 lease payments. I just don't know what those are, and 12 I'm not positive that that is a completely accurate 13 quote, because I don't have one written; that was just 14 verbal. 15 COMMISSIONER BELEW: That 36 thousand each? 16 MR. GIVENS: Yes. And that would be 17 stretched out over a four-year period. 18 COMMISSIONER BELEW: Since you wanted 19 trucks, Reagan, adapting an SUV to transporting the 20 animals, is there an issue with that? 21 MR. GIVENS: So these -- if we get the 22 Tahoes they're actually going to be used for the solid 23 waste division of Environmental Health. 24 COMMISSIONER BELEW: So they won't be used 25 for animals at all. This is all Environmental Health? 18 1 MR. GIVENS: No. If we had an emergency 2 situation that we had to put one in the back, we could 3 manage that. But these are not going to be daily used 4 for picking up animals. That, we do need trucks for. 5 So the two trucks that are going to be 6 replaced this next year, ideally because of their 7 condition, would need to be trucks. But right now, we 8 would be just fine with a couple of SUV's. 9 So the difference is these Tahoes, no matter 10 what, they're going to be cheaper that the trucks were 11 because there's no equipment being ordered on them. I 12 basically just said no equipment. We can use old 13 equipment. If there's something that doesn't work, we 14 either won't put it on there or figure it out as we go. 15 But that was why the trucks were more 16 expensive is because they had some new equipment on it 17 to replace 15,16, 17 year old equipment that we have on 18 some of these vehicles. But I just don't have a quote 19 to give you right now. I was hoping it was going to be 20 in my e-mail this morning, but it wasn't. 21 So I know that's kind of convoluted and -- 22 JUDGE KELLY: First of all, when I read the 23 agenda item it said purchasing, and these are actually 24 going to be leasing, is that correct? 25 MR. GIVENS: Yes. 19 1 JUDGE KELLY: Stand corrected on that. It's 2 a typical four-year lease with Enterprise. And since 3 you don't know -- don't have a firm quote, you're asking 4 us to approve this subject to bringing final quotes to 5 us and have us sign off on those? 6 MR. GIVENS: Yes, Sir. 7 JUDGE KELLY: And we're doing -- and I know 8 Commissioner Belew does not like doing business this 9 way, and I don't either, but you're asking us to approve 10 this subject to getting final quotes that you'll come 11 back and bring to us. 12 COMMISSIONER HARRIS: Nobody likes it. 13 COMMISSIONER BELEW: I have a big question 14 though. 15 MR. GIVENS: Yes, Sir. 16 COMMISSIONER BELEW: Why do we have to have 17 this size vehicle? Are they going to go across open 18 terrain? Are they just going to pull up on a jobsite 19 and inspect septic? Are they just going to drive out 20 and see where somebody's been poaching and where they 21 dumped trash? Because if you are doing that only, you 22 can buy a vehicle that uses a lot less gas and save some 23 money that way. If you're not going to have to 24 transport anything, you might not need something that 25 big. 20 1 MR. GIVENS: That's true, too. 2 COMMISSIONER BELEW: I would like for you to 3 compare this -- 4 MR. GIVENS: It's availability. 5 COMMISSIONER BELEW: Let me finish. I'd 6 like to get a smaller vehicle, because if you don't need 7 these to traverse the terrain out there, you probably 8 don't need a Tahoe. So let's look at something that is 9 a little bit cheaper and a little bit -- that conserves 10 gas a little bit. Can you do that for us? 11 MR. GIVENS: I can. 12 COMMISSIONER BELEW: Before we start trying 13 to commit to something we can't really do anyway? 14 COMMISSIONER LETZ: I've talked to Reagan a 15 little bit and let me point a couple things out. One, 16 Reagan doesn't have a vehicle right now. He's using his 17 personal vehicle, which is unacceptable, you know, in my 18 mind. Because he -- well, because under our policy, he 19 can't even get reimbursed for use of his vehicle. 20 A Tahoe -- so one of these vehicles would go 21 to Reagan. I think a Tahoe is a good deal, because they 22 do carry equipment around and doing stuff, they are off 23 road a lot. I don't know that we need two. I think we 24 need one right now because we need to get something. I 25 don't know that it needs to come back with a quote. We 21 1 have a certain dollar figure in our budget. These are 2 less than that. We could approve it as long as they're 3 less than what we budgeted. 4 COMMISSIONER BELEW: Yes. But we want 5 something that will conserve gas also at the same time. 6 And if you don't have to do the things you're talking 7 about, transporting equipment. If all I gotta do is 8 drive up to a job site and approve a septic system, I 9 don't need a Tahoe for that; you can get a Chevy Cobalt 10 for that. 11 COMMISSIONER LETZ: Reagan in his job, I 12 think he has to have the flexibility. 13 MR. GIVENS: Well, can I -- there is one 14 point. We are not -- this is not the OSSF; this is -- I 15 think there's been a little bit of confusion in the past 16 exactly on what Environmental Health, our situation. 17 There's two -- it's one department with two Directors 18 and two divisions basically. 19 We don't inspect -- we don't do anything 20 with the septics unless there's an issue, and then we 21 do. These guys are actually going everywhere in the 22 County. So whether the size or not, it's a lot of times 23 that makes a difference on two wheel drive, four wheel 24 drive, but they go a lot of places, like we have no idea 25 where we're going to end up. 22 1 And it's a lot more than just inspecting 2 septics. We do go out, yes, when needed, whenever 3 there's a nuisance issue. But these vehicles no telling 4 where we end up. We end up all the same places that the 5 Sheriff's Department ends up. All the same places that 6 -- you just never know. You never know where we're 7 going to be. But yes, the gas obviously is an issue for 8 everybody, and just an availability thing. So these 9 were available, so -- 10 COMMISSIONER LETZ: We lose them if we don't 11 take them. 12 COMMISSIONER BELEW: I've heard that a lot 13 lately. So if we do kind of like what Commissioner Letz 14 was suggesting, get one of the Tahoes, and get some 15 other more fuel efficient vehicle, can you look at that 16 and -- 17 MR. GIVENS: I can look at that yes, Sir. 18 COMMISSIONER BELEW: Okay. Thank you. 19 COMMISSIONER HARRIS: Reagan, these will 20 probably be vehicles that you'll be asking for this next 21 budget, is that -- 22 MR. GIVENS: Well, yeah -- so these 23 vehicles, because I asked for the trucks, and the trucks 24 were just -- we just can't get them. And we're now 8 or 25 9 months in to having ordered them, the Tahoes would 23 1 actually replace those trucks right now because these 2 could be replaced with an SUV because we don't need to 3 haul animals in these. It would be ideal to have 4 trucks, but we can make due. 5 The ones that are going to need to be 6 replaced this next budget year if that's something that 7 gets approved through the budget process, would need to 8 be trucks, so that wouldn't be an option next year. 9 Availability right now, we could definitely 10 make due just fine with Tahoes or whatever, whatever 11 they have that's not a car. That would be -- that 12 wouldn't be good. But an SUV -- 13 COMMISSIONER LETZ: I make a motion that we 14 authorize the purchase -- or the lease through 15 Enterprise of one Tahoe, subject to the price being less 16 than the approved amount for a truck. 17 COMMISSIONER HARRIS: Second. 18 JUDGE KELLY: Okay we've got a motion to 19 approve the lease of one of these Tahoes. 20 COMMISSIONER LETZ: Yeah. 21 JUDGE KELLY: Subject to the final quote. 22 COMMISSIONER LETZ: Subject to it being less 23 than what we approved. 24 JUDGE KELLY: Yes. Less than what we 25 approved. Any other discussion? Those in favor raise 24 1 your hand. 2 Okay, let's go back to item 1.3, which is 3 consider, discuss and take appropriate action regarding 4 the responsibilities of the Sexual Assault Recovery Team 5 or SART. 6 I think we have Brent Ives here to discuss 7 this with us. He brought this to my attention. This is 8 a product of an unfunded mandate last year that just 9 recently found it way to my desk. We should have formed 10 this team by the end of last year. We do have to finish 11 the protocol by the end of this year. That's the 12 deadline that we have. 13 There are certain recommended members for 14 this team, and I'm sure we're going to discuss that, but 15 we have to get a team in place. And so this is the 16 first step, to do kind of educate the Court, and get the 17 ball rolling here. Brent. 18 MR. IVES: Good morning, Judge, 19 Commissioners. I'm Brent Ives. Suzanne Tomerlin. 20 We're with Hill Country Crisis Council, the local sexual 21 assault program here in the County as well as 22 surrounding counties. And as Judge Kelly has laid the 23 foundation we're here to speak with about the sexual 24 assault response team. A coordinated response team for 25 survivors of sexual assault is going to involve a 25 1 required partners. 2 I'm going to have Suzanne go ahead and fill 3 you in on those partners and the purpose of the team. 4 MS. TOMERLIN: Yes. A lot of people think 5 of Hill Country Crisis Council as only the emergency 6 shelter here in town. But we also have the Children's 7 Advocacy Center where we conduct forensic interviews on 8 children that outcry child abuse, sexual abuse or 9 physical abuse. 10 And the reason I'm talking about that is 11 because they have a model that is similar to the sexual 12 assault response team. And it's called a multi 13 disciplinary team. And when there is an outcry of child 14 abuse there is a team of people that come together that 15 is very similar to what the sexual assault response team 16 will be. It is law enforcement, mainly in this 17 situation it's multiple law enforcement offices. It's a 18 sexual assault forensic nurse that does the exams at the 19 hospital. It's the Department of Family Services which 20 we wouldn't have with the sexual assault response team. 21 Mental health providers, and District Attorney and 22 investigators. 23 When that team came into existence, and I 24 can't -- I don't know when the multi disciplinary team 25 was mandated or developed in children's advocacy 26 1 centers, but when that model came to be, the result and 2 outcome of child abuse cases rose and rose for the good. 3 Got better and better and better as far as prosecution, 4 as far as the care of the child, and the care of the 5 family as a whole, and that's what we intend to do with 6 sexual assault for sexual assault victims. 7 They deserve to be met with a team that can 8 provide better services to them. Whether it's mental 9 health care which we already do provide that. The 10 justice system already does do their part. 11 Investigators do their part. But this will be a coming 12 together of all of those partners, and the whole is 13 greater than the sum of its part in this instance. 14 Nonetheless, this is -- this is been -- is 15 now law by The State of Texas that each County will have 16 one. Judge Kelly, when you were talking about maybe 17 we're behind the 8 ball; we're not. We're good. In our 18 region of the Alamo Area Council of governments, it's 19 like 18 counties or something. BearCat -- 20 JUDGE KELLY: I made a number of calls, and 21 they were just as new about this as I was, so -- 22 MS. TOMERLIN: Yes. And we appreciate you 23 responding to us. We were really glad to get your 24 e-mail. 25 But anyway, the Commissioners' Court for the 27 1 sake of brevity I'm just going to talk about your 2 responsibilities. It's basically to send the invitation 3 to the statutory members. And then you're going to 4 receive a report every other year from that team. So 5 that's pretty much the start and end of what the 6 Commissioners' Court -- what the State of Texas is 7 asking the Commissioners' Court to do. 8 COMMISSIONER BELEW: Suzanne, who 9 coordinates all of it? Who would be in charge of that? 10 MR. IVES: That's going to be determined by 11 the team. 12 COMMISSIONER BELEW: Well, that's the 13 important thing so you have accountability. 14 MR. IVES: Absolutely. In law, there's a -- 15 there has to be a designated leader, a coordinator, 16 however you want to term it, and so that is in the 17 information that we have. That is something that will 18 be developed once the team get together, reviews the 19 law, looks at how the team wants to function, and 20 determines who's going to be the coordinator. 21 It's very similar to our multi disciplinary 22 team that we have for child abuse investigation. We as 23 a Children's Advocacy Center designate that coordinator. 24 It doesn't have to be us; it could be a prosecutor. It 25 could be a law enforcement officer. It just kind of 28 1 evolved into that for us and we have taken on that 2 responsibility. For this team, we don't know what it's 3 going to look like, to answer your question. 4 COMMISSIONER LETZ: Brent, when I read 5 through this, it says that we could have a 6 multi-county -- 7 MR. IVES: Yes. 8 COMMISSIONER LETZ: And I'm wondering, does 9 that make sense. I mean it seems like almost every 10 county we have to appoint all these different members. 11 So I'm wondering if there's a recommendation from y'all, 12 is it better to do a single Kerr County one, or do a 13 multi-county? 14 MR. IVES: I think in the beginning, I think 15 it makes sense to have a multi-county sexual assault 16 response team because of capacity. Because these 17 smaller counties, you know, some of the prosecutors are 18 going to be the same from the 198th and maybe the 216th, 19 in Gillespie County or in Bandera County. And so just 20 from a capacity standpoint. And maybe even the mental 21 health services that are provided in these counties. It 22 would be duplicating services. 23 Maybe down the road, once we figure out what 24 we're doing and how we want this to operate, then you 25 could look at specific sexual assault response teams in 29 1 each county, if it makes sense. 2 But right now, I think in the beginning. I 3 mean this is the way our multi-disciplinary team evolved 4 was to have multiple counties at once, and then 10, 15 5 years down the road we made a decision to split those 6 into individual counties, if that answers your question. 7 COMMISSIONER LETZ: It does. So you are 8 kind of recommending Gillespie, Kerr, Bandera, would 9 make sense? 10 MS. TOMERLIN: And Kendall is in our area. 11 Uh-huh. 12 MR. IVES: I think that's going to be a 13 question also for the team. I mean I can make a 14 recommendation on what I think and what we think make 15 sense, and then we get into a meeting, you know, with 16 the Sheriff and the Chief of Police here in Kerr County, 17 and Lucy and Stephen, as far as having those 18 conversations, and they may see that differently. I 19 think it makes sense early on, but again I'm just one 20 voice. 21 COMMISSIONER BELEW: Well, it makes sense 22 that the two prosecutor offices in the -- that are based 23 here in Kerr County, what counties are covered in that 24 that those would be the counties included. They don't 25 have any jurisdiction beyond that anyway. 30 1 MR. IVES: I agree. 2 JUDGE KELLY: Just to kind of set the stage 3 so people understand. This is not a new county 4 department. These are not county employees. This is 5 for the public so they understand what we're doing. 6 We're going to bring these people together, 7 and just the list of people that are included is Chief 8 Administrator, prosecutors, Sheriff, Police Chief, 9 sexual assault nurse examiners or forensic examiners, 10 and the representative from the largest health care 11 provider in the county, and a representative from 12 behavioral health services provider operating in the 13 County, which is MHDD. So we'll get these 14 representatives. 15 I have reached out here at the courthouse 16 and invited Heather, our County Attorney, to help us get 17 this thing kick off. I've also invited Pam Peter who is 18 our Crime Victims' Coordinator. Try to bring like 19 minded people together so we can all sit town and figure 20 out how to do this. It's a very worthwhile undertaking. 21 There's no question about that. It's going to be a 22 little cumbersome trying to get it organized, but that's 23 what we're charged to do, and that's what we're going to 24 do. 25 COMMISSIONER BELEW: Well, sometimes the 31 1 Legislature does something right, but they never take 2 care of the details. 3 JUDGE KELLY: They rarely pay for it. 4 COMMISSIONER BELEW: Hardly ever pay for it. 5 COMMISSIONER LETZ: So this is just an 6 update. At a future meeting a membership of the 7 committee and the geographic area will be brought back 8 to us? 9 JUDGE KELLY: Well, what I would like to do 10 it is start with Suzanne and -- 11 COMMISSIONER LETZ: Brent. 12 JUDGE KELLY: -- and Brent, and I've already 13 asked Heather and Pam. We'll sit down and bring some 14 other people to the table and come back and make 15 recommendations on how to do it and who they oughta be. 16 And they meet quarterly. And they have to present a 17 biannual report every two years to this Court so that 18 there's accountability at the county level. 19 But we just need to get it kicked off and 20 these people are going to be the ones. Once you appoint 21 them, they'll be the ones that put together the 22 protocol. They'll be a written protocol on exactly how 23 to do all of this, and make everything available, which 24 is -- it's great to have a handbook to know how to do it 25 so that we get it right every time. 32 1 So I think it's going to be worthwhile. It's 2 just something that, I apologize. I didn't know it was 3 supposed to be doing it last year but we're going to do 4 it this year. 5 COMMISSIONER BELEW: So we need to have it 6 in place by the end of the year. Is there -- if there's 7 any funding it should be done by new budget season. Is 8 there any funding that we have to -- 9 JUDGE KELLY: I don't think we anticipate 10 funding at this point. 11 MS. TOMERLIN: I mean we won't turn it down. 12 (Laughter.) 13 COMMISSIONER BELEW: I knew that. 14 MS. TOMERLIN: But we don't expect this to 15 cost the County anything. A little time, and that's it. 16 JUDGE KELLY: So this is really just more 17 information. There's no action to take other than I 18 guess maybe your approval for us to go ahead and 19 initiate the effort to try to put this together. 20 MR. IVES: Yes. Specifically the invitation 21 from the Commissioners' Court to those agencies that are 22 in law mandated to be at a minimum a part of that team. 23 I think that needs to be formalized. 24 MS. TOMERLIN: And Brent, do you think it's 25 easier to -- when we were looking at like a law 33 1 enforcement agency to send the invitation to just one 2 person so that they -- that person will have to appear 3 instead of within that agency than, you know, tossing 4 the ball and seeing who's going to come first? 5 MR. IVES: I think initially it makes sense 6 to go to the Sheriff and Chief McCall, and to the 7 District Attorney's Offices. In the law they're able to 8 designate somebody to stand in, or to attend, or be a 9 representative for that committee, or that sexual 10 assault response team, but those are decisions that they 11 will make at that level, at that highest level. 12 JUDGE KELLY: I think what you're doing is 13 we'd be -- the Court would be authorizing a preliminary 14 organizational SART, a sexual assault response team, to 15 form a formal SART. And initially we're going to look 16 at the primarily Kerr County level. 17 MR. IVES: Yes. 18 JUDGE KELLY: And come back with 19 recommendations to the Court. 20 MS. TOMERLIN: And when we include other 21 counties, those courts will follow the same action that 22 you did, so -- but we are here -- it sounds like you are 23 very educated on this already, but we are here for any 24 support that you need. 25 And yes, there is so much assistance from 34 1 Texas Association Against Sexual Assault in everything, 2 and like you said there's protocols, there's bylaws. 3 You don't need to reinvent or invent this wheel. So 4 that makes it a lot easier. 5 JUDGE KELLY: So I'll make a motion that 6 the Court go ahead and authorize this preliminary 7 organization team put together with recommendations of 8 members to invite people and come to Court with 9 recommendations to form a sexual assault response team. 10 COMMISSIONER BELEW: Second. 11 JUDGE KELLY: Any other discussion? 12 COMMISSIONER LETZ: The indication is that 13 you're doing that? 14 JUDGE KELLY: I'm going to work with them. 15 And I give the credit to Brent. He's the one who did 16 this. Now I did read everything he sent me. I did do 17 that. 18 MR. IVES: Thank you. And on our end, we 19 will coordinate with Heather and with Pam. Sounded like 20 that you've invited those folks to the table. So we'll 21 get together and have a meeting, and -- 22 JUDGE KELLY: Well, they're my support. 23 MR. IVES: All right. 24 JUDGE KELLY: So with that, those in favor 25 raise your hand. Unanimous. 35 1 Thank you both for come in. 2 MR. IVES: Thank you. 3 MS. TOMERLIN: You bet. Thank you. 4 JUDGE KELLY: Next item is 1.5, which is to 5 consider, discuss and take appropriate action extending 6 audit submittal deadline of 30 days for Emergency 7 Services District Number 1. Commissioner Harris. 8 COMMISSIONER HARRIS: Yes. ESD #1 came up 9 with little problems. The bookkeepers were a little bit 10 delinquent coming up with their compilation, and I 11 believe in the next one -- they got it in just a few 12 days over the deadline, the June one deadline. So I'd 13 like to grant them an extension, which the next agenda 14 item we approve what they got in. 15 COMMISSIONER BELEW: Now, didn't we have 16 this issue last year? 17 COMMISSIONER HARRIS: Yeah, and it was. And 18 you know what -- 19 COMMISSIONER BELEW: Was it new personnel 20 this time, but the same scenario now -- 21 COMMISSIONER HARRIS: Last year it was kind 22 of a Coronavirus problem. And the same bookkeepers do 23 ESD Number 2. They both got all their information to 24 the people in time. I don't know if it was -- I'm not 25 sure if they're shorthanded or what have you. 36 1 JUDGE KELLY: To answer your question, yes 2 and yes. 3 COMMISSIONER BELEW: And so it should come 4 with a stern warning that the third time when you strike 5 out you get in trouble. 6 COMMISSIONER HARRIS: Right. I will tell 7 you that the ESD #1 got their information to them in 8 December. Gave them -- reminded them in March, and they 9 said we're not going to have it, they hadn't even 10 started it. And then gave them a real stern warning and 11 they got it a few days over the deadline. 12 So you know, I'm not -- I wouldn't point the 13 finger at the ESD. They -- I go to their meetings, they 14 get everything done properly. 15 COMMISSIONER LETZ: Maybe they need new 16 bookkeepers. 17 COMMISSIONER HARRIS: Well, that could 18 happen, too. 19 JUDGE KELLY: Well, that's really the issue. 20 The ESD board members are volunteers. And we got the 21 same glitch as last year, different players, but the 22 same glitch. 23 COMMISSIONER BELEW: And they're good folks 24 and they're giving their time and that sort of stuff. 25 But rules are the rules. 37 1 JUDGE KELLY: The rules are the rules. And 2 with volunteers, you can't push a rope. 3 COMMISSIONER HARRIS: So I move for approval 4 of giving them an extension. 5 COMMISSIONER LETZ: Second. 6 JUDGE KELLY: Got a motion and a second to 7 approve the extension for the audit submittal deadline 8 for 30 days for ESD 1. Any other discussion. Those in 9 favor raise your hand. Unanimous. 10 1.6 consider, discuss and take appropriate 11 action to accept Emergency Services District #1 12 compilation report. 13 COMMISSIONER HARRIS: Exactly. And kind of 14 laid that out already, so I move for approval. 15 COMMISSIONER BELEW: Second. 16 JUDGE KELLY: Got a motion and second to 17 approve the compilation report. Any other discussion? 18 Those in favor raise their hand. Unanimous. 19 1.7 consider, discuss and take appropriate 20 action to accept the Emergency Services District #2 21 compilation report. 22 COMMISSIONER HARRIS: And again, they got 23 there's in in plenty of time and from the same 24 bookkeepers, and so I move for approval. 25 COMMISSIONER LETZ: Second. 38 1 JUDGE KELLY: Any other discussion? All in 2 favor raise their hand. Unanimous, five zero. 3 Okay, we've got timed item, we start at 9:30 4 1.8 consider, discuss and take appropriate action to 5 approve Resolution authorizing the submission of an 6 application to FEMA Hazard Mitigation Assistance Grant 7 to develop a Hazard Mitigation Plan for the County and 8 its participants. Miss Putnam. 9 MS. PUTNAM: Okay, this is the Resolution. 10 Before you guys had signed the Court Order, and this is 11 to actually go out for the FEMA grant fund in order to 12 have the procurement for the services to write the other 13 mitigation grants. 14 JUDGE KELLY: Any discussion? 15 COMMISSIONER LETZ: Move for approval. 16 COMMISSIONER GIPSON: Second. 17 COMMISSIONER BELEW: Second. 18 JUDGE KELLY: Got a motion and a second to 19 approve the Resolution to go out for the FEMA Hazard 20 Mitigation Grants. Any discussion? Those in favor 21 raise your hand. Unanimous, thank you. 22 Next is item 1.9 consider, discuss and take 23 appropriate action to receive and open bids for 24 administrative services for requests for proposals for 25 the administrative services related to the Hazard 39 1 Mitigation Assistance grant program. 2 MS. PUTNAM: And I believe you have them 3 there. 4 (Commissioner Letz opening bid.) 5 COMMISSIONER LETZ: We have one submission 6 from GrantWorks. And I don't know if there's anything 7 in particular that we should -- I mean I'll make a 8 motion that we accept the submission by GrantWorks and 9 refer it to Dub and Noel for review and recommendation. 10 COMMISSIONER GIPSON: Second. 11 JUDGE KELLY: Got a motion and a second to 12 approve the proposal submitted by GrantWorks for 13 administrative services. Any other discussion? Those 14 in favor raise your hand. Unanimous. 15 Item 1.10 consider, discuss and take 16 appropriate action to select Committee to review the 17 requests for proposals received for administrative 18 services related to the Hazard Mitigation Assistance 19 grant programs. 20 MS. PUTNAM: What we're requesting here is 21 we do need a scoring committee to be assigned in order 22 to go through the RFP and do the scoring chart. At the 23 last one ended up having a Commissioner, the Auditor, 24 and Dub on the last committee. So it needs to be at 25 least three people. It can be more. But we need to 40 1 have a committee assigned in order to go through the -- 2 go through the packet. 3 COMMISSIONER LETZ: Would it be appropriate 4 for Noel to be part of that, Judge? 5 JUDGE KELLY: I think so. Because the 6 recommendation comes back to us, right? 7 MS. PUTNAM: Right. 8 JUDGE KELLY: So it can be you and Dub and 9 one other. 10 COMMISSIONER LETZ: Tanya. 11 MS. PUTNAM: We need an elected official. 12 COMMISSIONER LETZ: And a member of the 13 Court. Beck, you want to do that? 14 COMMISSIONER GIPSON: I'll do that. 15 COMMISSIONER HARRIS: You started looking 16 for an empty chair. 17 JUDGE KELLY: But that's the only 18 requirement. It has to be one elected official. 19 We got a motion to appoint a committee that 20 would consist of Commissioner Gipson, Dub Thomas, our 21 Emergency Management Coordinator, Noel Putnam, our Grant 22 Coordinator, and Tanya Shelton, our Auditor, is that 23 right? 24 MRS. DOWDY: Who made the motion? 25 JUDGE KELLY: I did. 41 1 COMMISSIONER HARRIS: Second. 2 JUDGE KELLY: We got a motion and a second. 3 Those in favor raise your hand. Unanimous. 4 Still on the timed items at 9:30. Consider, 5 discuss and take appropriate action to approve the 6 Scoring Sheet to be used to review the request for 7 proposal received for administrative services. And 8 that's just to approve the scoring sheet? 9 MS. PUTNAM: Yes, Sir. I provided that and 10 that's the scoring sheet that will be used by the 11 Committee. 12 COMMISSIONER HARRIS: Looks fine to me. I 13 move for approval. 14 COMMISSIONER BELEW: Second. 15 JUDGE KELLY: A motion and second to approve 16 the scoring sheet as presented. Any discussion? Those 17 in favor raise your hand. Unanimous. 18 Item 1.12 consider, discuss and take 19 appropriate action to authorize the County Judge to sign 20 and submit the County's request for Capital Credits from 21 the Texas Comptroller of Public Accounts. Miss Shelton. 22 MRS. SHELTON: Yes. In conjunction with 23 Local Government Code 381.004, Texas Property Code, 24 Section 74.602 authorizes the Texas Comptroller of 25 Public Accounts to allocate a portion of the unclaimed 42 1 capital credits received from electric cooperatives back 2 to the counties in the cooperatives' service area. 3 So the report that you have in front of 4 that, in front of you, authorizes the Comptrollers 5 Office to release those credits to us. We do use these 6 credits to fund our contribution to the Economic 7 Development Corporation, which is one of the accepted or 8 the general uses of the capital credits. 9 JUDGE KELLY: And just so the public 10 understands, we routinely do this every year. 11 MRS. SHELTON: Yes. 12 COMMISSIONER HARRIS: I move for approval. 13 COMMISSIONER LETZ: Second. 14 JUDGE KELLY: Got a motion and second to 15 approve submitting the county's request for capital 16 credits from the Texas Comptroller of Public Accounts. 17 Any discussion? Those in favor raise their hand. 18 Unanimous. 19 Item 1.13 consider, discuss and take 20 appropriate action to address the possibility of 21 prohibiting or restricting the sale or use of restricted 22 fireworks. In other words sky rockets with sticks and 23 missiles with fins in any portion of the unincorporated 24 area of Kerr County, pursuant to the Local Government 25 Code for the July 4th fireworks season. 43 1 COMMISSIONER HARRIS: We're dry. I looked 2 at the report this morning and we're dry as a bone. So 3 I move that we restrict rockets with sticks and missiles 4 with fins for the July Fourth holiday. 5 COMMISSIONER BELEW: Second. 6 JUDGE KELLY: Okay. Got a motion and a 7 second to approve restricting the sale or the use of 8 skyrockets with sticks or missiles with fins. 9 COMMISSIONER LETZ: Judge, a question on 10 this. And because this is a bit of an extraordinary 11 year drought wise, and years past probably before you 12 were County Judge. There is a provision, I believe, 13 where we can declare a state of emergency and ban all 14 fireworks. We did that once anyway. Whether we legally 15 can do it or not. 16 MRS. STEBBINS: It speaks to the December 17 firework season. That provision, I looked it up because 18 i wanted to be able to talk to y'all about that today. 19 COMMISSIONER LETZ: Well, we can defer, or 20 we can come back because it's not on the agenda. I just 21 brought it up to -- you know, it's crispy. 22 COMMISSIONER GIPSON: I think it should be 23 considered. 24 COMMISSIONER BELEW: Well, my question is 25 this. I mean we proceed with this, we can still have an 44 1 emergency declaration some other time. 2 COMMISSIONER LETZ: Right. I just brought 3 it up. 4 JUDGE KELLY: Can we for this season though? 5 MRS. STEBBINS: You have to make a 6 determination by June the 15th to restrict the 7 fireworks, the particular fireworks that you've 8 already -- or that you're going to vote to restrict, if 9 there is a way to prohibit them entirely because of an 10 emergency, I'll look and let you know. But that 11 provision that we we talked about does speak to the 12 December fireworks only and not to the July fourth 13 firework season. So if there's something different, I 14 can look and let y'all know by the 15th. 15 JUDGE KELLY: Because I don't know how bad 16 it's going to be. If it's bad enough and we think we 17 need to do it, we need to know if we can. 18 COMMISSIONER GIPSON: Yeah. 19 MRS. STEBBINS: As we sit here right now, I 20 don't think so. But I can let you know with enough 21 time. 22 JUDGE KELLY: If we can't, tell us we can't 23 because the public needs to know. 24 MRS. STEBBINS: Okay. 25 JUDGE KELLY: Okay. So with that, those in 45 1 favor of restricting the sale of the use of fireworks as 2 presented here today with the skyrockets with sticks and 3 missiles with fins, those in favor raise your hand. 4 Unanimous. 5 Even though we have a hefty docket we're 6 actually ahead of time. Let's go ahead and take a break 7 and come back at ten o'clock and start the ten o'clock 8 docket. 9 (Break.) 10 JUDGE KELLY: Court will come back to order, 11 and we move on to timed ten o'clock items. Item 1.14, 12 which is a public hearing, regarding the proposed Kerr 13 County Economic Development Program including guidelines 14 and criteria for tax abatement. 15 Again, this is routine, we do this every 16 year. So it's on the agenda with my name on it simply 17 because this is routine business that we have to do 18 every year. 19 So I'll make a motion that this is a public 20 hearing. Anyone else want to speak to this? Okay. 21 There being no one else to appear then we'll adjourn the 22 public meeting and move onto item 1.15, which is 23 consider, discuss and take appropriate action regarding 24 the approval of the proposed Kerr County, Texas Economic 25 Development Program, including Guidelines and Criteria 46 1 for Tax Abatement. 2 And I make a motion that we approve that. 3 COMMISSIONER GIPSON: Second. 4 JUDGE KELLY: Okay. Got a motion and 5 second. Any discussion? Those in favor raise your 6 hand. Unanimous. 7 Item 1.16 consider, discuss and take 8 appropriate action for the Court to release Bond Number 9 RCB0027284 in the amount of $125,000.00 for the January 10 13, 2020 version of Tortuga Arroyo Estates, a 11 subdivision plat that was never filed and has been 12 replaced with a new preliminary plat dated September 27, 13 2021. Mr. Gore, welcome to Court. 14 MR. GORE: Thank you, Judge, Commissioners. 15 This was presented originally, I think, back in 16 September. Final plat for this subdivision was approved 17 and a performance bond for associated construction was 18 accepted on January 13th, 2020 by Order Number 37909. 19 The subdivision consisted of 8 lots and a 20 private gated road approximately three thousand feet 21 long. Each lot was greater than 22 acres; however, the 22 developer did not file the plat with the County Clerk's 23 Office, and the property has been sold. 24 Since the new owner wishes to further 25 develop the subdivision, the Court rescinded Order 37909 47 1 by Order 38974, and reviewed a new preliminary plat on 2 September 27 of 2021. 3 The subdivision now proposes 33 lots, each 4 greater that five acres and four roads totaling 5 approximately 8,200 feet. The former developer, Larry 6 Mullins, respectfully requests that his performance Bond 7 Number RCB0027284 in the amount of $125,000.00 be 8 released. 9 County Engineer requests the Court release 10 Bond Number RCB0027284 in the amount of $125,000.00 for 11 the January 13th, 2020 version of Tortuga Arroyo 12 Estates, a subdivision plat that was never filed and has 13 been replaced with a new preliminary plat that was 14 reviewed September 27, 2021, Precinct 1. 15 COMMISSIONER BELEW: I move for approval. 16 COMMISSIONER GIPSON: Second. 17 JUDGE KELLY: Got a motion and a second to 18 approve releasing the bond for Tortuga Arroyo Estates in 19 the amount of $125,000.00 as presented. Is there any 20 discussion? Those in favor raise your hand. Unanimous. 21 Just a second. I got a notice -- Mr. 22 Carter? 23 MR. CARTER: Yes, Sir. 24 JUDGE KELLY: Bobby, if you could step 25 aside. He wanted to talk about abatement, is that 48 1 right? 2 MR. CARTER: Yes. 3 JUDGE KELLY: And that was the issue that we 4 just dealt with. 5 MR. CARTER: Well, I didn't see it on here. 6 Didn't know -- the address wasn't on there. I didn't 7 see it anyway. A lot of the work has been done already. 8 The structure has been taken down -- 9 JUDGE KELLY: What are we talking about? 10 COMMISSIONER BELEW: He's talking -- 11 MR. CARTER: 104 Storage Lane in Center 12 Point. 13 COMMISSIONER LETZ: Oh. He's talking about 14 a solid waste abatement. 15 COMMISSIONER BELEW: This is a different 16 abatement. 17 JUDGE KELLY: It's not on the agenda though, 18 is it? 19 COMMISSIONER GIPSON: Not this. 20 COMMISSIONER BELEW: He misunderstood what 21 it was. 22 COMMISSIONER GIPSON: Different abatement. 23 JUDGE KELLY: I just wanted to make sure 24 that if you had something to address the Court -- 25 COMMISSIONER LETZ: Yeah. Your property is 49 1 not on the agenda today. 2 JUDGE KELLY: Item 1.17, which is a public 3 hearing for a revision of plat for Y.O. Ranchlands, 4 Tracts 46B, 46C and 49A. 5 I call the public meeting to order. Is 6 there anyone who would like to address this issue? 7 There being none, we'll adjourn the public meeting and 8 move on to item 1.18, which is consider, discuss and 9 take appropriate action for the Court to approve a 10 preliminary plat of Steel Creek Estates in Center Point. 11 MR. GORE: This proposal subdivides 149.55 12 acres in Center Point. It proposes 24 lots with three 13 roads. Each lot will be greater than five acres. 14 Primary access will be from a proposed road 15 to be known as Steel Creek Crescent, approximately 5,500 16 feet long, off of Highway 27. Of course this is in 17 Center Point. 18 The developer has indicated they will 19 request Kerr County maintain the roads, at the end of 20 construction. 21 The County Engineer requests the Court 22 consider, discuss and take appropriate action to approve 23 a preliminary plat for Steel Creek Estates in Center 24 Point, Precinct 2. 25 COMMISSIONER BELEW: So the average lot size 50 1 is over 20 acres? 2 MR. GORE: No. For this one the average lot 3 size is over five. 4 COMMISSIONER BELEW: You said 24 lots on 149 5 acres. 6 JUDGE KELLY: Yeah. About six acres. 7 MR. GORE: Yeah. There's also room for the 8 right of way that would be dedicated for three roads. 9 COMMISSIONER BELEW: Has Headwaters been 10 consulted or been informed about this, this change? 11 As I understand they have been notified. We 12 have not consulted with them at this point. 13 COMMISSIONER BELEW: No communication? 14 MR. GORE: Other that a phone call I 15 received this morning. 16 COMMISSIONER LETZ: Under our current rules 17 this meets our requirements; however, the other comment 18 is that we don't approve preliminary plats. 19 COMMISSIONER BELEW: Right. 20 COMMISSIONER LETZ: So I mean this is 21 informational item that we won't take action on, because 22 under the new law, as I understand it -- 23 MR. WELLBORN: So actually the September 24 27th, the one previous to this, the Tortuga Arroyo, that 25 was the stance of the Court, so trying to get 51 1 clarification. Because talking to Charlie and it sounds 2 like other preliminary plats since September 27th, 2021 3 have come to Commissioners' Court and been approved. Is 4 that -- I'm just trying to understand for future 5 reference. Mark Wellborn, 631 Water Street, Kerrville. 6 JUDGE KELLY: Let's kind of set the stage. 7 We're kind of catching this thing mid thought. This is 8 the old Center Point Village property, right? 9 MR. WELLBORN: Right yes, Sir. 10 JUDGE KELLY: And this is a new development 11 proposal, a new scheme that it's to develop this almost 12 150 acres by dividing it into 24 lots, having three 13 roads. And you filed a preliminary plat and requesting 14 approval. First of all, the State of Texas has 15 completely eliminated preliminary plat approval. 16 MR. WELLBORN: Okay. 17 JUDGE KELLY: But we encourage working with 18 the developers with the preliminary plat. And we've 19 worked with a number of developers in the past, and the 20 purpose is that we like -- we actually like the old 21 system, the State changed it, but we think it's 22 important that we be able to sit down and work with the 23 developer in developing a final plat for developing. 24 So to that extent we work with you on these 25 things, but in terms of taking a vote for a preliminary 52 1 plat approval, I don't think we do that anymore, do we? 2 MRS. STEBBINS: No, Sir. 3 JUDGE KELLY: Probably illegal. I don't 4 know what the consequences would be, but -- but this is 5 a process, Mike, that we want to encourage. 6 MR. WELLBORN: Yes, sir. And Charlie, the 7 County Engineer, encouraged us to bring the preliminary 8 plat, so we're going to go straight to final. My 9 understanding there was some conversation with the Court 10 to go ahead and bring this forward, so that's the reason 11 we did bring a preliminary plat. 12 JUDGE KELLY: Yes, Sir. And normally we 13 don't actually start discussing an issue until we have a 14 motion on the floor. A motion and a second, which we 15 don't have at this point. But I think this is probably 16 more of a discussion item than it is an action item is 17 what I'm trying to say. 18 And so with that, I know we have people from 19 the public that do want to address the Court. So let me 20 just ask, Rich, I know you've expressed -- you filed 21 your form. 22 MR. PACES: I have. Thank you, Judge Kelly. 23 My name is Rich Paces. I'm a resident of Center Point. 24 JUDGE KELLY: I think we know who you are 25 now. 53 1 MR. PACES: Well, good. Look, I was going 2 to ask you to table this item. Since there's no action 3 being taken, I'll only say that, you know, I want to 4 encourage the Commissioners' Court to work very closely 5 with Headwaters Groundwater Conservation District. You 6 know here we are in the midst of what may turn out to be 7 one of the most severe droughts. It's certainly worse 8 than the drought in 2011 at this stage. 9 Headwaters Groundwater Conversation District 10 will be discussing and I hope approving some new 11 District rules at their meeting on Wednesday. And those 12 District rules would have a specific impact on this 13 development project. Because they're planning to create 14 a management zone for East Kerr County. 15 A study was recently completed, which shows 16 that the area in and around Center Point, again East 17 Kerr County, is much more severely affected by the 18 drought. The aquifer water levels are much lower than 19 they are in the rest of the County. And so, you know, 20 by the authority that they have, they are capable and 21 may end up establishing a management zone for East Kerr 22 County that this property would be part of, and the 23 district rules would then change instead of it being 24 greater than five acres for one exempt well, it would be 25 greater than 7 acres for one exempt well. 54 1 They're also talking about lowering the 2 production cap. They're also talking about -- there was 3 one other area. Anyway, I can't remember. But these 4 are significant changes that may actually be ratified on 5 Wednesday. We'll see what Headwaters Groundwater 6 Conservation District decides to do. 7 I would just encourage the Court as you are 8 particularly working on your new subdivision rules to do 9 everything you can do align with Headwaters Groundwater 10 Conservation District, so that we don't have confusion 11 and conflict when the developers want to come in and 12 make their proposals. 13 JUDGE KELLY: Well, by way of ongoing 14 discussions, Rich, we were in this process of proposing 15 revised subdivision rules. But this discussion 16 sometimes we -- it's like what the conflation, we've got 17 apples and oranges on the table that we're talking 18 about. We got the County subdivision rules and then we 19 got the Headwaters rules, and we can't tell Headwaters 20 what to do and Headwaters what to do. But we do work 21 together. 22 And one of the things that we're looking at 23 in terms of subdivision rules, we -- and I think in 24 executive session we're actually going to talk about 25 where we are with the status of our revised subdivision 55 1 rules. But we're hoping to get those finalized and all 2 the public notices out to get them enacted within the 3 next several months. So that is in the works. 4 But one of the things I think important for 5 the public to understand is when a developer files an 6 application for plat approval, what controls is the 7 timing of the filing. And at this point what's been 8 filed has been filed under our existing subdivision 9 rules. 10 Now, we're proposing to change those rules, 11 and been working closely with Headwaters, very close 12 with Headwaters. And we anticipate that water 13 availability's going to be coming one of the central 14 focuses of our new subdivision rules. 15 That said, you can't apply those rules ex 16 post facto. They come in under the time they file their 17 application for the plat approval for the County. That 18 would be the apple. The orange is going to be what 19 Headwaters rules are are Headwaters rules and we have to 20 live with those rules. Okay. And we are trying to 21 cooperate very closely with Headwaters to do that. So 22 what Headwaters may do on Wednesday is not within the 23 scope of our authority at this point. 24 But this is something that we're all paying 25 very close attention to. And I'm sure Mike and his team 56 1 are, too. The State of where we are these days, but -- 2 MR. PACES: Fair enough. And since you're 3 not taking any action today, we'll see what Headwaters 4 Groundwater Conservation District does on Wednesday, and 5 then it be come comes a matter of well, which rules -- 6 COMMISSIONER LETZ: Both can. Both can be 7 achieved. What can happen, and I have no idea what 8 Headwaters what they're going to do. But assuming this 9 gets filed before we change our rules, because our rules 10 are based on water availability and our current rules 11 are based on water availability. That's why we have 12 five acres, that's what the numbers are. 13 If this were approved by us at five acres 14 and they change this to 7 acres, what they would do is 15 reduce the production per lot based on this percent size 16 less than 7 acres. So if it was a three and a half acre 17 lot, they'd give it half the allocation, half the 18 production. That's how the rules work right now, so -- 19 that's how they're supposed to work. That's what they 20 told us on another subdivision, so I presume -- 21 MR. PACES: For example, they don't monitor. 22 COMMISSIONER LETZ: I know. That's another 23 issue. I mean, I knowledge there's a -- that's why 24 there's confusion, because -- 25 MR. PACES: A lot of confusion. 57 1 COMMISSIONER LETZ: A lot of different ways 2 on how Headwaters does their thing and we can't get into 3 that. 4 MR. PACES: I only encourage the Court to 5 eliminate the confusion and work as closely and align 6 the subdivision rules with Headwaters Groundwater 7 District rules to the extent possible. 8 JUDGE KELLY: I think the public -- 9 (Talking at the same time.) 10 JUDGE KELLY: All of this said, Rich, 11 another thing that you need to understand is when the 12 legislature eliminated these preliminary plat approvals, 13 okay, it's now final plat approval, and the developer 14 can hit us with an application for a final plat approval 15 and we have 30 days, 30 days to approve, or deny, or 16 conditionally approve, and have to provide detailed 17 explanations and authority as to why we did that. 18 And so we're operating under the gun when 19 these things get filed. And that's why we appreciate 20 what Wellborn's done in coming to us and help us work 21 out that these issues constructively so nobody's putting 22 a gun to each others temples here. 23 MR. PACES: I believe that the developer 24 also has the responsibility to put in an application 25 with Headwaters Groundwater Conservation District as 58 1 well. To my belief, they have not done that yet. Okay. 2 Thank you. 3 JUDGE KELLY: That's why we're having a 4 conversation. 5 Okay. For those of you that don't know, 6 here's a member of Headwaters Board. 7 MR. JONES: My name is Tom Jones. I'm not 8 going to go into all of our rules and our rule changes. 9 And you're right, we do work very closely together. I 10 wouldn't want anybody to think that we don't. But we 11 had no knowledge of this change until yesterday when we 12 saw your agenda. 13 We weren't invited to the concept meeting, 14 any of this. Normally we are. Normally either Chris 15 Child, or Gene will be there at those meetings and they 16 could have been informed at that time. 17 Commissioner Letz, what you were talking 18 about probably won't apply for that East Kerr County 19 area, but it is a specialty area. It's got significant 20 drops that have not been addressed for many years. 21 We're not against any kind of growth at all, but we are 22 going to try to make these changes on Wednesday that 23 will have a direct impact on what they're proposing. 24 And so you can approve under your current 25 rules, that's perfectly fine, but what's it going to do 59 1 to the developer. And so we do need to be a little more 2 close on how we're working on what we're fixin' to do 3 here. Now, he won't get all that filed and approved 4 even under your rules until we've done whatever we're 5 going to do, however that plays out. But we do have 6 anticipated these changes that we're going to make. 7 JUDGE KELLY: So the public understands and 8 so that everybody in this room understands. The plat 9 approval process currently does not require approval 10 from Headwaters. So if he wasn't invited to the meeting 11 because technically right now he doesn't have a seat at 12 the table. 13 But one of the things we have an ongoing 14 discussion with is to give them a seat at that table and 15 to include them in the plat approval process, so that we 16 are talking to one another and we don't have little 17 missteps as we go through this process. 18 MR. JONES: We've had that conversation and 19 that is what we're working toward, and we all recognize 20 that's an area that needs to be corrected. And so we 21 had this situation came up that caught us off guard so 22 that's the reason I'm here this morning. Well, like 23 whoa, wait a minute. 24 Mike's a friend of mine. I don't want to 25 see people like that do all this work and find out we 60 1 changed our rules that's going to significantly affect 2 their entire plan. It'll come down to about 21 lots is 3 what it would do for that 149 acres. So it will make a 4 change. 5 Anyway, I agree -- I just want to agree with 6 you that we are two different entities. We have 7 different ways that we establish our rules, but we are 8 trying to work together. But on something like this, I 9 think it's our responsibility cooperatively to make sure 10 he doesn't get burned in the process. 11 JUDGE KELLY: And I think it's important for 12 the development community, the engineering community, 13 everybody to understand that we are on the same team. 14 MR. JONES: Sure, absolutely. 15 JUDGE KELLY: We don't have authority over 16 one another. I like the Army-Navy game, you know, 17 they're very very competitive. At the end of that game 18 they gather in the end zone and they sing the losing 19 school's Alma Mater first, brothers in arms, and then 20 they sing the winning school's Alma Mater, and they go 21 out and they are brothers in arms. 22 MR. JONES: Well, I'm different from you. I 23 liken it to marriage. 24 (Laughter.) 25 COMMISSIONER BELEW: One of the things that 61 1 it is not required that Headwaters be at those meetings, 2 but it has been customary that as a courtesy they have 3 been invited. 4 COMMISSIONER LETZ: I don't know that there 5 was a concept meeting. I've never been to a concept 6 meeting. 7 COMMISSIONER BELEW: Was there? 8 MR. WELLBORN: I don't believe so on this 9 one. Sorry. 10 JUDGE KELLY: This is why we have YouTube so 11 everybody can hear what we say. 12 MR. WELLBORN: Sure. Sure. No. Our 13 understanding was that -- and you gotta understand this 14 is kind of all of all because back in September 27, 2021 15 we were taken back by the Court not approving a 16 preliminary plat. It's like we got rid of the 17 preliminary plat process, we got rid of the concept 18 planning process, so we were under the impression that 19 all of these things had been gotten rid of. 20 Now, I'll fast forward to submitting -- we 21 got the new Tortuga Arroyo Estates. Not to be -- but 22 the controversial Tortuga, this is different. And then 23 we have this Steel Creek project. And so when Charlie 24 mentioned that hey the Court would like to have a 25 preliminary plat process, we're like the Court doesn't 62 1 have a preliminary plat process, and now we do now. 2 We came back to that and had a preliminary 3 plat process, it's optional. So that's why we already 4 passed the concept plan. Charlie already had a detailed 5 civil construction plans. And so we were going to go 6 straight to final, but as a courtesy we went ahead and 7 plat the preliminary plat to you, not realizing again 8 that was part of the procedure. 9 JUDGE KELLY: But these are all essential 10 conversations, and learn how to work better together. 11 Because we are all trying to improve -- 12 MR. WELLBORN: Well, I agree. And I think 13 it would be great maybe to have on the routing slip 14 maybe have Headwaters part of that. 15 JUDGE KELLY: That's a preview of the coming 16 attraction, but that's the plan. 17 MR. WELLBORN: Sounds good. 18 JUDGE KELLY: This is just clarification. 19 MR. WELLBORN: Okay. Very good. Well, 20 maybe this isn't the place to do it, but I would love to 21 be a part of the discussion regarding preliminary plats 22 as part of that House Bill 3167. We worked with other 23 counties and looked at that pretty substantially. And 24 our understanding is the county's can't require a 25 concept plan as a condition of approval of a final plat 63 1 or preliminary plat. But preliminary plats are still 2 accepted in other counties and approved through the 3 County process. So something I'd love to discuss with 4 you in detail. 5 JUDGE KELLY: Well, you talk to the County 6 Attorney. 7 COMMISSIONER BELEW: Basically it's approved 8 unless there's an objection. That's what it is. It's a 9 default approval, and if there's a reasonable concern, 10 then it's stopped. Or at least -- 11 MR. WELLBORN: -- which provisions, 12 regulations or we don't comply with it, so -- 13 COMMISSIONER LETZ: I think it's probably 14 the terminology. We probably need to get rid of the 15 terminology preliminary plat approval and just have a 16 discussion, subdivision discussion. 17 MR. WELLBORN: Well, I think the preliminary 18 plat is a great tool. My concern is you make it 19 optional, then you're going to have people that leapfrog 20 it, and you're not going to get that chance to do it. 21 That's why I think it's great for the County Engineer, I 22 think it's great for y'all to have that. 23 JUDGE KELLY: And just so you know we like 24 it. We like the preliminary plat procedure. 25 MR. WELLBORN: We will bring those forward 64 1 to you in the future, as long as our clients are okay 2 with it. Not all clients are going to be. 3 JUDGE KELLY: But also know that we're 4 trying to bring Headwaters to the table also. 5 MR. WELLBORN: Yes, Sir. 6 JUDGE KELLY: Okay. Item 1.19 consider, 7 discuss and take appropriate action for the Court to set 8 a public hearing for 10 a.m. on July 25, 2022 for a 9 revision of plat for -- is that Staacke Ranch Lots 3 and 10 4? 11 COMMISSIONER LETZ: Staacke Ranch. 12 JUDGE KELLY: Have to ask my Germans how to 13 pronounce some of these names. 14 MR. GORE: This proposal revises Lot 3, 15 which is currently as platted 73.003 acres, and Lot 4, 16 which is 64.111 acres. Revised has been made to three 17 lots. Lot 3R will be 12.715 acres. Lot 4R will be 18 119.48 acres, and Lot 4R1 will be 5.00 acres. Frontage 19 for all lots will believe remain on Bear Creek Road. 20 The County Engineer requests the Court set a 21 public hearing on July the 25th, 2022 for a revision of 22 plat for Staacke Ranch Lots 3 and 4, Precinct 3. 23 COMMISSIONER LETZ: I move for approval. 24 COMMISSIONER HARRIS: Second. 25 JUDGE KELLY: Got a motion and a second to 65 1 approve setting a public meeting for -- what was it, 2 July 25th at ten a.m. for Staacke Ranch Lots 3 and 4. 3 Any discussion? Those in favor -- 4 COMMISSIONER LETZ: It's been a long time 5 coming on this one. 6 JUDGE KELLY: -- everybody raise your hand. 7 Unanimous. 8 Item 1.20 consider, discuss and take 9 appropriate action for the Court to conditionally 10 approve a final plat for Mystic Ridge Estates, with the 11 condition that the City of Kerrville approve and sign 12 the plat, and accept Bond Number LICX1210568 in the 13 amount of $1,459,250.00 for the associated construction 14 improvements, 15 MR. GORE: This proposal subdivides 537.45 16 acres between Spur 100 and Cypress Creek Road. It is 17 adjacent to the City of Kerrville. It proposes 23 lots 18 and two roads. Each lot will be greater than 20 acres. 19 Primary access will be from a proposed road 20 to be known as Countless Views Drive, which is 21 approximately 9,300 feet long, off Spur 100. It is in 22 Kerrville ETJ and must be approved by both entities. 23 A concept plan meeting was held in the 24 County Engineer's office on February 23rd, 2022, and 25 information was presented to the Court on May 23rd, 66 1 2022, which was the last week. 2 Construction plans for the subdivision have 3 been approved by the County Engineer. The developer has 4 submitted an engineer's estimate for construction costs 5 along with a performance bond. The developer has 6 indicated they will request Kerr County to maintain the 7 road at the end of construction. 8 County Engineer requests the Court to 9 consider, discuss and take appropriate action to 10 conditionally approve a final plat for Mystic Ridge 11 Estates, with the condition that the City of Kerrville 12 approve and sign the plat. I'm going to add that 13 Charlie signed the plat as well. And accept bond number 14 LICX1210568 in the amount of $1,459,250.00 for 15 associated construction improvements. This is in both 16 Precincts 2 and 3. 17 COMMISSIONER BELEW: What is the water 18 source there? 19 MR. GORE: Ground water. 20 COMMISSIONER GIPSON: I move for approval. 21 COMMISSIONER LETZ: Second. 22 JUDGE KELLY: Got a motion and a second to 23 approve the final plat approval for Mystic Ridge Estates 24 as presented. 25 COMMISSIONER LETZ: I'm just going to make a 67 1 comment on it. And I'll forget if I don't say it right 2 now. We had talked about having an agreement with the 3 City of Kerrville and the ETJ. And we have a verbal 4 agreement that we look at them and figure out how to do 5 it. 6 This is a good example of one that one or 7 the other cannot approve these. The reason, since it 8 adjoins the City, but it's a county road, the city's not 9 annexing this road, so the County has to approve it 10 because it's a county road. Yet it's right next to the 11 City, and the city's fine with it, we're working with 12 it. 13 I'm just bringing it up because we get told 14 we need to get an agreement in place and we have an 15 agreement and it's working, but it's a case by case. 16 You can't have a standard policy that's going to fit 17 every situation. So this is an example of how it does 18 work. 19 COMMISSIONER BELEW: Well, we had one of 20 these on a county road a week or two back and -- 21 COMMISSIONER LETZ: Same type thing. 22 JUDGE KELLY: Any other discussion? Those 23 in favor raise your hand. Unanimous. 24 Next item is 1.21 consider, discuss and take 25 appropriate action for the Court to set a public hearing 68 1 for 10 a.m. on July 25th, 2022 for a revision of plat 2 for Pecan Valley Lot -- Pecan Valley No. 2 Lots 4 and 5. 3 MR. GORE: This proposal adjusts the lot 4 line between Lot 4, which is currently or as platted 5 3.52 acres, and Lot 5, which is 4.13 acres as platted. 6 Lot 4A will be 3.80 acres fronting on Cook Lane and 7 Hobson Lane. Lot 5A will be 3.79 acres fronting on 8 Hobson Lane. 9 The County Engineer requests the Court set a 10 public hearing for 10 a.m. on July 25th, 2022 for a 11 revision of plat for Pecan Valley No. 2 Lots 4 and 5, 12 Volume 5, Page 77, Precinct 2. 13 COMMISSIONER GIPSON: I move for approval. 14 COMMISSIONER BELEW: Second. 15 JUDGE KELLY: Got a motion and a second to o 16 set a public hearing for 10 a.m. on July the 25th for 17 Pecan Valley No. 2 Lots 4 and 5. Any other discussion? 18 Those in favor raise their hand. Unanimous. 19 Item 1.22 consider, discuss and take 20 appropriate action to approve updated job description 21 for Road Maintenance Technician. Kelly Hoffer. 22 MS. HOFFER: Due to Federal regulations that 23 went into effect on February 7th, 2022, we would like to 24 update our road maintenance technician job to allow for 25 us to hire someone with or without a Class A commercial 69 1 driver's license. 2 A road maintenance tech without a Class A 3 CDL would be paid at a grade 14. A road maintenance 4 tech with a class A CDL would be paid at a grade 15. 5 This will not impact our budget, as we will still budget 6 this position at the higher grade of 15. 7 By doing this, we will appeal to a wider 8 applicant pool in hopes that we can fill our vacant 9 positions. Thanks for your consideration. 10 They started working a Federal 11 transportation group had started on this in 2014, and 12 each year didn't pass, didn't pass. And I thought of 13 all years, I bet you it passes, and it did February 7th, 14 2022. 15 You have to go through an entry level or 16 upper training program, and this isn't something that 17 you can do in house. This is a really extensive 18 training. And cost, I've talked to some folks who have 19 gone through driving schools in the past. And one 20 person that we interviewed had said it cost him 21 $3,000.00 to go through it. Another applicant was 22 $6,000.00, and somebody that works in my office, her 23 husband went through it, driver training program, and it 24 was $10,000.00. 25 These are entry level positions for us. And 70 1 so right now, they're just under 17 dollars an hour. I 2 had talked to TAC to see if that was something that TAC 3 might consider doing that entry level training, and I 4 guess they reviewed it and felt like a lot of liability 5 in that. So that has made it really really difficult to 6 try to find CDL drivers. 7 I have four openings. And I'm here to tell 8 you, no one's breaking the door down to fill out an 9 application. So this would be more of a laborer's type 10 job. They could drive the pickups and various things, 11 just not the real big stuff. 12 I really don't know what else to do so we've 13 been kind of trying to think outside the box on this so 14 we can try to get pull. My preference is to have a 15 Class A CDL driver in a 15 position, but I'm not real 16 sure that we're going to be able to do that in today's 17 world. 18 So again we're just trying to figure out 19 what we can do in order to not be four people short. 20 That's a lot. 21 COMMISSIONER LETZ: Move for approval of the 22 agenda item under the revised job descriptions. 23 COMMISSIONER BELEW: Second. 24 COMMISSIONER HARRIS: Second. 25 JUDGE KELLY: Got a motion and a second to 71 1 approve the updated job description for the road 2 maintenance technician as presented. Any discussion? 3 COMMISSIONER LETZ: Just appreciate Kelly 4 thinking outside of the box and trying to get the 5 position. I know this is a common problem countywide 6 that we can't fill positions, and I think we'll be 7 looking at some other things later on, and other 8 meetings that we've gotta figure out, you know, how to 9 attract employees. 10 And well I know Kelly prefers CDL drivers, 11 she can get by, I think, without everyone being a CDL. 12 COMMISSIONER HARRIS: It's a statewide 13 problem and national problem. I mean inside work, 14 outside work. Everybody's having problems. 15 MS. HOFFER: If you have a Class B CDL 16 which is a commercial drivers license, if you in today's 17 world want to go and upgrade that B to an A, you've 18 gotta go through the entry level job training. So kind 19 of once you're where you're at, unless you've got means 20 to go through that training you're not able to change 21 those plans. And it just kind of hit at a really bad 22 time. I knew that was going to happen, so -- 23 COMMISSIONER BELEW: You saying they can't 24 upgrade without going to one of those schools for 25 certification? 72 1 MS. HOFFER: Right. If you have a B right 2 now and you want to change it to an A, you've got to go 3 through the entry level driver training, which is kind 4 of beyond me. But, yeah. They really put the hammer 5 down. 6 COMMISSIONER BELEW: Yeah, it's about money. 7 So logistically how does this change? Does this change 8 things to make it more difficult? 9 MS. HOFFER: Difficult for -- 10 COMMISSIONER BELEW: For people where they 11 need to be or running certain equipment, that kind of 12 stuff. I mean if you got one person that can do it and 13 they gotta go to all the different job sites with 14 whatever you've got, how you going to do that? 15 MS. HOFFER: Well, I think it will work. I 16 hope that I don't have every single one of my road 17 maintenance tech positions be 14, which is definitely 18 not the plan. But if I could get two or three of those 19 open four positions, I think it would help. Because a 20 lot of the stuff is strictly labor. And you know, the 21 guys in this heat, they come in at the end of the day, 22 they are beat. 23 And so, it's just a way to kinda help with 24 some of that. But I would hope that we never get to the 25 situation that we've got all 14, then you've got another 73 1 problem. Just would be to fill kind of some of the 2 holes in. And if that person wants to go and do the 3 entry level job training, it's up to them. But it's 4 expensive. 5 COMMISSIONER BELEW: But it's an investment. 6 So if you already have somebody that's working for you, 7 and they want to upgrade, that would be a good 8 investment for them? 9 MS. HOFFER: It would be. But all of us -- 10 there's only two people that don't have Class A CDL's 11 and that's the two gals in the office. Charlie and 12 Bobby have Class A CDL's. I still have mine. And 13 everybody else currently that's working at Road & Bridge 14 all have Class A CDL's. 15 So that's for me, that's not the problem. I 16 think it's heading that direction. And from what I hear 17 what they're paying Class A CDL drivers, because that 18 license you can go over the road. Drive the semi's. 19 I've heard they've been paying a lot of money for those 20 positions. So that's kind of where I'm at on it. 21 JUDGE KELLY: Welcome to our world. 22 COMMISSIONER BELEW: Just have Bobby do some 23 of it when he's not busy. 24 JUDGE KELLY: Any other discussion? Those 25 in favor raise their hand. Unanimous, five zero. 74 1 MS. HOFFER: Thank you. 2 JUDGE KELLY: Okay. Ms. Dowdy, you've got 3 the next five items on the agenda. Do them one at a 4 time. 5 MRS. DOWDY: After the public hearing, if 6 you would call the -- 7 JUDGE KELLY: Okay. First of all, call item 8 1.23, a public hearing for the purpose of presenting 9 County Clerk's Annual Record Archival Plan as required 10 by the Local Government Code. 11 So this is a public meeting. Is there 12 anybody that would like to address the Court with regard 13 to the County Clerk's Archival Plan? Okay. 14 Let's move on to item 1.24, which is 15 consider, discuss and take appropriate action to approve 16 and accept the County Clerk's Annual Archival Plan as 17 presented for fiscal year 2022-2023. Miss Dowdy. 18 MRS. DOWDY: Yes. So in your packet or in 19 your backup -- are we on 1.24 -- 20 JUDGE KELLY: 24. 21 MRS. DOWDY: -- for presenting the Archival 22 Plan? 23 JUDGE KELLY: Yes. 24 MRS. DOWDY: You will see in my letter, it's 25 about three pages long, there's a graph on there, a 75 1 chart, and it's got a list of the items that would be 2 approved under this preservation plan, and it comes out 3 of fund 41, and that's a special revenue dedicated fund 4 which we can use for preservation purposes, and also pay 5 a portion of salary, which we are currently doing. 6 I'm also requesting that we create an entire 7 new position called an Archive Specialist, which I 8 believe is item 1.26. But fund 41 could fully fund it, 9 so I wouldn't be asking you for any more money out of 10 the general fund; it would be just coming from this 11 dedicated fund. Which the projected balance at the end 12 of this fiscal year is about $644,000.00, so we have 13 money to spend. 14 And it's very much needed, because as it is 15 right now in the clerk's office, we're all just kind of 16 treading water as it is day-to-day. We've needed a new 17 position for the past -- I don't know how long -- how 18 many years, but the Archival Specialist would be for 19 indexing purposes just to make sure that anything that's 20 recorded is timely indexed and readily available to the 21 public online. 22 And their other purpose is going to be to 23 get any backdated records that are already in our system 24 indexed onto a proposed new system, so take it off of 25 laserfiche and put it on to the online system, just to 76 1 reduce foot traffic and -- but it's a job. It's a 2 massive project. I'm talking about sovereignty to 3 present, or basically 1996 or so. So I need somebody 4 new. 5 But anyway, back to item 1.24, just again 6 the preservation project is for 22 books and also 7 includes a proportion of salaries as it is already, and 8 to include an entire new position. Just because we 9 approve the money to be spent, it doesn't necessarily 10 mean we have to -- well, it does for the preservation 11 purposes. That's why I put the job description in there 12 just so y'all can take a look at it and preliminarily 13 approve it, if that makes sense, through the funding of 14 it. 15 JUDGE KELLY: But this particular agenda 16 item, step one is we approve the plan. 17 MRS. DOWDY: Correct. 18 JUDGE KELLY: So do we have a motion to 19 approve the Archival Plan? 20 COMMISSIONER GIPSON: Move for approval. 21 COMMISSIONER LETZ: Second. 22 JUDGE KELLY: Any discussion? 23 COMMISSIONER BELEW: Now, why are we not 24 doing this during budget time? 25 COMMISSIONER LETZ: This isn't a budget 77 1 item. 2 COMMISSIONER BELEW: It looks like it to me. 3 COMMISSIONER LETZ: It's a plan. 4 COMMISSIONER BELEW: Why didn't -- 5 MRS. DOWDY: I can answer that. So the 6 Public Hearing is required by law and the archival plan 7 is required to follow right after the Public Hearing. 8 So in order to approve money to be spent out of the 9 dedicated fund, there must be a public hearing and it 10 has to happen during the budget process. 11 So the next item 1.25 is my fee schedule. 12 If y'all will approve the fees that go into the special 13 dedicated fund, we have to also approve the fee 14 schedule -- we have to approve the fee to be charged, 15 which is basically what the Archive Plan does with fee 16 schedule. I don't know. It's just the way the law is 17 written. 18 COMMISSIONER LETZ: This does not approve a 19 new person until the budget. The budget process we'll 20 approve the person; this sets money in -- 21 COMMISSIONER BELEW: This approves the need 22 for the new person. 23 MRS. DOWDY: Yes. Instead of asking it to 24 come out of general fund, which is the other option. 25 Because I really need somebody. I really need somebody 78 1 bad. 2 COMMISSIONER BELEW: I get that. But this 3 process, and this -- what we do now and what we do then. 4 It seems like to me it's all one thing. I don't -- 5 JUDGE KELLY: Actually, we do this every 6 year. We have to approve the plan, we have to approve 7 the fee schedule, and then we get down to if there's 8 going to be any adding positions to your plan. 9 COMMISSIONER BELEW: The fee schedule takes 10 care of itself. 11 JUDGE KELLY: We have a plan. We haven't 12 voted on approving the plan. I'm just trying to take 13 them step by step. 14 COMMISSIONER BELEW: So this is updating the 15 plan? 16 JUDGE KELLY: Yes. 17 COMMISSIONER BELEW: If this happens every 18 year, then we're just talk about updating it. So this 19 hasn't changed from what I remember it being really. 20 MRS. DOWDY: Say that again. 21 COMMISSIONER BELEW: This has not changed. 22 You have to do this every time? 23 MRS. DOWDY: Every year. In order to be 24 authorized to charge the fee, we have to hold a public 25 hearing to present to the public why we charge the fee. 79 1 If I don't have any books to preserve or any salary to 2 pay, we cannot charge that fee. And so we have reason 3 to charge the fee, which is why I have to present the 4 plan and show the public and the Court and justify 5 charging the fee. So that's why it's all coming 6 together. 7 And I'll present my budget. I believe we're 8 on for Monday. It'll all pretty much come together at 9 that time. More broken down, just like the Judge said 10 step by step. 11 JUDGE KELLY: Right now what we have before 12 the Court is to approve the Archival Plan. 13 MRS. DOWDY: Right. 14 COMMISSIONER BELEW: But the wording on it, 15 I thought it should have been that you renew the 16 contract for -- 17 MRS. DOWDY: Oh well, so there are different 18 books. So this is a new plan. And so the books that 19 were approved to be preserved last year came back in, 20 they did a great job. I'd like to go with them again 21 with new books, so the amount is different. 22 JUDGE KELLY: Okay. Those in favor of 23 approving the County Clerk's Annual Archival Plan as 24 presented, raise your hand. 25 COMMISSIONER LETZ: And sign the contract. 80 1 JUDGE KELLY: And the contract with 2 Scott-Merriman. 3 MRS. DOWDY: And authorize the Judge to sign 4 it. 5 JUDGE KELLY: Those in favor raise your 6 hand. Unanimous. Now that was the plan as to the fees. 7 Item 1.25 consider, discuss and take 8 appropriate action to approve and adopt the County 9 Clerk's fee schedule for fiscal year 2022 and 2023. 10 MRS. DOWDY: So on page 2, the fee schedule 11 titled plat, the only changes that I'm making would be 12 for the -- instead of charging $5.00 for each additional 13 page of a plat, I propose we charge $25.00 per each 14 additional page. 15 And also below that, all the way to the 16 bottom on the plat copies, change it from $10.00 for a 17 copy to $20.00 for a copy. And then of course the third 18 item would be left at 15, so that those are the only 19 changes. 20 As far as -- these are fees that the 21 Commissioners' Court has control over; not the State. 22 So the State cannot tell you that you can only charge so 23 much. That particular fee for each additional page per 24 plat varies from county to county. I spoke about that 25 two or three weeks ago. That Williamson County is a 81 1 hundred dollars per additional page. I think we were 2 the lowest in the -- as far as how many people 3 responded, so -- 4 COMMISSIONER BELEW: I move for approval. 5 COMMISSIONER GIPSON: Second. 6 JUDGE KELLY: Okay. There's a motion by 7 Commissioner Belew, second by Commissioner Gipson to 8 approve the fee schedule as presented, the annual fee 9 schedule as presented. Any discussion? Those in favor 10 raise your hand. Unanimous. 11 Item 1.26 consider, discuss and take 12 appropriate action to adopt a job description for a new 13 position called "Deputy Clerk-Archive Specialist". Miss 14 Dowdy. 15 MRS. DOWDY: And this position would only be 16 effective October first, and be paid for entirely out of 17 the fund 41, which would be presented in my budget this 18 coming Monday. I don't know that y'all need to really 19 adopt this position description today. I would love it 20 if you did, but we have a lot of time, so I don't think 21 there's any -- if y'all can have plenty of time to look 22 over it. But it would be only effective after the 23 budget is approved. So maybe we shouldn't adopt it yet 24 actually since the budget hasn't really been adopted, 25 so -- 82 1 JUDGE KELLY: I think that's what you were 2 talking about. 3 COMMISSIONER BELEW: Yeah. Because I the 4 thing about hiring a new person, so jumped to this. 5 JUDGE KELLY: She got excited. 6 COMMISSIONER BELEW: She told us she needed 7 somebody. 8 MRS. DOWDY: Well, at least you have 9 something on paper to show you what the person would do. 10 JUDGE KELLY: Well, we did need to approve 11 the plan, and we did need to approve the fee schedule, 12 and we're going to have to approve the software license, 13 too. 14 MRS. DOWDY: And that's next. 15 COMMISSIONER HARRIS: This, we don't have 16 to. 17 COMMISSIONER BELEW: Pass on it? 18 MRS. DOWDY: But I will bring it back at a 19 later date. 20 JUDGE KELLY: No-brainer. 21 COMMISSIONER BELEW: Yeah, I think it just 22 has to be in the budget instead of deal with it now. 23 JUDGE KELLY: But you're funding it all out 24 of fund 41? 25 MRS. DOWDY: Yes. 83 1 JUDGE KELLY: All good. 2 COMMISSIONER LETZ: I think the fact that we 3 approve a job description doesn't mean that the job is 4 approved. 5 COMMISSIONER BELEW: That's true. But you 6 have a line to go with it if you do it during the 7 budget. You see exactly what it's for and everybody -- 8 COMMISSIONER LETZ: I guess I look at it is 9 that by having to wait until the budget, we're just 10 stacking things, a number of issues that we have to do 11 when we're trying to get the budget approved later on. 12 COMMISSIONER HARRIS: Yeah. We can approve 13 this, and just on file. And we already got it before 14 us. Might as well get it out of the way, because she'll 15 bring it back to us again, I promise you. 16 COMMISSIONER BELEW: But no hiring until 17 after the budget? 18 MRS. DOWDY: No hiring, right. 19 COMMISSIONER GIPSON: I move for approval of 20 number 1.26. 21 COMMISSIONER BELEW: Second. 22 JUDGE KELLY: Got a motion and a second. 23 COMMISSIONER LETZ: Just a question. Is 24 this consistent with other step and grade -- 25 MRS. DOWDY: Step and grade comes at entry 84 1 level, 15.1 is correct. 2 JUDGE KELLY: Those in favor raise your 3 hand. Unanimous. 4 Item 1.27 consider, discuss and take 5 appropriate action to approve the "Computer System and 6 Software License Sales Agreement" and the "Replication 7 Software License Agreement", two separate contracts, 8 with Fidlar Technologies, effective October 1. 9 MRS. DOWDY: So this is the records 10 management system that we had a workshop on. And they 11 came to present what the system -- all the system would 12 provide. The contract would replace eDoc, but I don't 13 expect them to be able to really work on the system 14 until January. That's what they tell me. 15 They have offered also to be included in the 16 contract services to index us back to, I think, 1940, so 17 which is a huge help for the County and for our, you 18 know, title companies and stuff, to make them available 19 online. 20 So I will have to notify eDoc of any 21 cancellations. I think I have 30 days before a 22 cancellation date. The County Attorney has reviewed 23 both contracts and suggested no revisions. Is that 24 correct? 25 MRS. STEBBINS: That's correct. 85 1 COMMISSIONER GIPSON: So this is a whole new 2 system? 3 MRS. DOWDY: A whole new system. 4 COMMISSIONER GIPSON: For public access? 5 MRS. DOWDY: Not only public access, but for 6 recording purposes. So assigning it a number, a record 7 number, scanning it, it's going to re-text so instead of 8 us looking at the grantor grantee and the legal 9 description and having to make sure we type it all out 10 perfectly, the system will copy and paste for us. So 11 that just speeds up the process like that. I mean 12 that's the biggest thing is having to help in actually 13 indexing and recording. 14 And the system can be paid for entirely out 15 of other dedicated funds, same as eDoc. I'll present in 16 my budget that we can use fund 28, fund 42, fund -- oh, 17 I have them right here. Sorry. I forgot I have them. 18 Fund 28, fund 42 and fund 43. And there's plenty of 19 money in there. And I can get you the full amount if 20 you need them, but that's what I'm asking. 21 So basically approve the contracts just so 22 y'all know in the budget I'm presenting the funds be 23 paid for out of special dedicated funds. 24 COMMISSIONER BELEW: Is this going to make 25 it easier for people to search? 86 1 MRS. DOWDY: Absolutely, yes. 2 COMMISSIONER GIPSON: It is. 3 COMMISSIONER BELEW: By date, by key words 4 and all that sort of stuff, or just by document? 5 MRS. DOWDY: It's going to be -- well, so 6 the -- currently we are set up where you can search by 7 name, either as grantee or grantor. I think it'll make 8 it easier to search for a plat under subdivision name, 9 sometimes that doesn't work. You have to know how to 10 use the system to search. It's really antiquated and 11 difficult to use, and not user friendly, I think. It 12 gets us by, it gets the job done, but we need something 13 to really speed up the process and make it easier on 14 title companies, and just the general public to be able 15 to find what they need. 16 The biggest issue we're going to run into 17 are laserfiche records because those were indexed and 18 scanned in all as one volume, so you can only search 19 volume 53. So how do you take care of that? We have an 20 extra person called an Archive Specialist to break down 21 the volumes and make it searchable by volume and page. 22 So that's the plan. 23 So I'm requesting approval of the Fidlar 24 Technologies, which is an updated system for both -- two 25 contracts actual services and programing software and 87 1 then the replication services. 2 COMMISSIONER BELEW: Move for approval. 3 COMMISSIONER GIPSON: I second. 4 JUDGE KELLY: Got a motion and a second to 5 approve the Fidlar Technologies license agreements, both 6 of them. Those in favor raise your hand. Unanimous. 7 COMMISSIONER LETZ: The County Attorney look 8 at these? 9 MRS. STEBBINS: Yes. 10 MRS. DOWDY: Thank y'all very much. 11 JUDGE KELLY: Miss Doss, we're going to 12 have you up there for seven items. Do you want to take 13 a break now or -- 14 MRS. DOSS: Just get her over with. 15 JUDGE KELLY: 1.28 consider, discuss and 16 take appropriate action to approve the FY-23 HEBP 17 renewal. 18 MRS. DOSS: Yes, Sir. This is an annual 19 renewal of the Health Employment Benefit Pool medical 20 and dental premiums. Based on June enrollment, I 21 prepared in your backup what the increase to the County 22 contribution will be. If you reduce that by the amount 23 that we're saving from the Medicare supplement that 24 we've been paying for, that goes away at the end of this 25 fiscal year. The net increase is about a hundred and 21 88 1 thousand dollars. 2 The increase to our County was three and a 3 half percent and 3.3 for the dental. And I've talked 4 with our surrounding counties and we're like right in 5 the middle. There's one county that sits contiguous 6 which is a little less, there's a couple a little bit 7 more, so we're right on target with other counties. 8 COMMISSIONER LETZ: So basically the bottom 9 line is our health insurance is going to cost a hundred 10 and -- a hundred and what -- 11 MRS. DOSS: A hundred and 21 thousand. 12 COMMISSIONER LETZ: A hundred and 21 13 thousand dollars more this year than last year. 14 MRS. DOSS: But I might add that effective 15 10-01, we have several employees from the Public 16 Defender's Office that won't be our responsibility 17 anymore. So that will reduce it. I haven't crunched 18 those numbers, so this might decrease a little bit. 19 COMMISSIONER LETZ: Move for approval. 20 COMMISSIONER BELEW: Is there added benefit? 21 MRS. DOSS: Nope. Same everything. 22 COMMISSIONER GIPSON: Same price. 23 COMMISSIONER HARRIS: I second that. 24 COMMISSIONER BELEW: What do they call that, 25 shrinkflation? That's what they call it. 89 1 JUDGE KELLY: Got a motion and a second to 2 approve the HEBP renewal as presented. Any discussion? 3 Those in favor raise your hand. Unanimous. 4 Item 1.29 consider, discuss and take 5 appropriate action to approve the FY-23 TAC liability 6 review questionnaire. Miss Doss. 7 MRS. DOSS: Yes, Sir. This is another 8 annual renewal that we prepare. I get with all the 9 departments and identify all of their vehicles, all of 10 their equipment, and make sure that all the new vehicles 11 that have been added, all the surplus vehicles have been 12 taken away, so the departments are very cooperative and 13 got me all that information. They did ask for a lot 14 more information this year. 15 So the Sheriff, thank you very much, has 16 answered a lot of questions about the drones and 17 different things. But I appreciate everybody's help, 18 but this isn't really -- this doesn't have a dollar 19 amount to it, but it's just a questionnaire that we send 20 to them, they review it all and then they send us what 21 the price is going to be. 22 COMMISSIONER HARRIS: Move for approval. 23 COMMISSIONER LETZ: Second. 24 JUDGE KELLY: Got a motion and second to 25 approve the TAC Liability Renewal Questionnaire as 90 1 presented. Any other discussion? Those in favor raise 2 their hand. Unanimous. 3 Item 1.30 consider, discuss and take 4 appropriate action to approve the market adjustment 5 increase policy for the District Attorney's Offices. 6 Miss Doss. 7 MRS. DOSS: Yes. For some reason from the 8 beginning back many many years ago, and District 9 Attorney Wilke was kind enough to share some history. 10 Apparently way back when under a different DA, the DA 11 wanted more control of the salaries, and back then 12 things were done informally and he just went to the 13 Court and said I don't want my department on market 14 adjustment plan, and back then it was all longevity, and 15 the Court agreed. There was no court order. I searched 16 high and low, couldn't find anything. And of course 17 they wanted both District Attorney's Offices to be the 18 same. So since that time -- many many years ago they've 19 never been on the longevity, now called the market 20 adjustment plan, and they would really like to be. 21 And because in one situation we have had an 22 employee transfer from another department where they 23 were receiving market adjustments to a department now 24 where they're not. So that's not fair. And Lucy -- I 25 have e-mails from Lucy saying she's totally on board. I 91 1 have e-mails from Stephen Harpold that's on board. So I 2 just want the Court approval to put them officially on 3 the market adjustment plan. 4 And so what that means when I prepare the 5 position scheduled for FY-23, I'll factor in -- and I 6 thought about doing it different ways. But you can take 7 it back to their hire date, because some of them have 8 been there so long. So we'll just need to start ground 9 zero from this year. We believe they've all been here 10 at least a year and they would grandfather back because 11 they were hired prior to 10-01 of '21 when the policy 12 changed. That they would get there first step -- not 13 step, but their first market adjustment increase in 14 FY-23 and every three years thereafter. So I can set 15 that schedule up. 16 JUDGE KELLY: Isn't that two years now? 17 MRS. DOSS: Well, if you were hired 10-01 of 18 '21 or after, you have to wait two years, and then 19 another two years on their 4th, and then every three 20 years after. 21 JUDGE KELLY: So regardless of whether it's 22 one or two years, everybody's going to qualify for the 23 market adjustment the first go around. 24 MRS. DOSS: Yes. Because I don't believe we 25 have anybody that was hired after 10-01 of '21. They're 92 1 all prior to that. So I would like to get -- 2 COMMISSIONER LETZ: I'm in agreement with 3 that part, and the reason I'm in favor of moving them up 4 to Step and Grade system and market adjustment, just 5 because they need to be kept the same. 6 In the past the DA's moved schedules, or 7 salaries up and down as they wanted. So I mean, I don't 8 know they should all get an automatic two and a half 9 percent, just because we're implementing -- or expanding 10 the policy to their office. Some of them may have 11 already gotten it at some point in their career. If 12 they were with another department at some point. 13 MRS. DOSS: There's only one in that 14 situation. So if this started, what would y'all 15 recommend? This would be their first year? 16 COMMISSIONER LETZ: I would think they 17 wouldn't get that first one or two year increase, 18 automatic increase. 19 JUDGE KELLY: Pandora's box. 20 COMMISSIONER BELEW: You have to have a 21 starting point, which Jennifer pointed out. So there 22 has to be a starting point. You gotta just bite the 23 bullet and have a starting point. 24 MRS. DOSS: We do have an employee that was 25 due there's at the -- I believe in May or maybe June. 93 1 But it's like now. 2 COMMISSIONER LETZ: So we can't make it 3 retroactive anyway, so that -- 4 MRS. DOSS: But the new ones so if you all 5 approve that, then that will go in effect immediately. 6 For everyone else, we need a starting point. And so my 7 recommendation would be there anniversary of the full 8 pay period after their anniversary in FY-23, and then 9 every three years thereafter. 10 JUDGE KELLY: Has that been pre-approved 11 with those DA's? 12 I don't think we have gotten to that level 13 of detail. But I believe -- I understand that Stephen 14 Harpold thought that they were already in the market 15 adjustment because he thought that was automatic once 16 they went to the grade and step. He thought that was 17 already in the works. So I think he would be for it, 18 and I know Lucy. I'm not going to speak for Lucy, but 19 she feels -- felt really strongly about this. I could 20 get their blessing and let y'all know. 21 JUDGE KELLY: Well, I think you sense 22 there's a consensus on the Court put them on the market 23 adjustment plan. And the hesitation is, we'd like to 24 know that all those traps have been run so we know 25 exactly what we're going to do before we get flooded. 94 1 And that's just being practical. I don't know if we 2 need to take action today or not. 3 MRS. DOSS: Well, can we take action on 4 approving them being part of the market adjustment plan, 5 and then I can bring it back to the Court to determine 6 the time frame? 7 COMMISSIONER LETZ: I'd rather do it all at 8 one time, because I think it's going to be confusing if 9 we don't do it at once. 10 JUDGE KELLY: Because people are going to be 11 treated differently. And I'd like for those DA's to go 12 run the traps and get all that consent handled, and 13 let's come in and let us put it in place. 14 MRS. DOSS: Okay. So get their blessing, 15 let them know what the additional cost would be starting 16 FY-23, and then get their blessing, and bring that back 17 to you all? 18 COMMISSIONER LETZ: And what the effective 19 date of these employees is. 20 JUDGE KELLY: We need a consensus. We don't 21 want anybody to fight. 22 MRS. DOSS: Right. 23 JUDGE KELLY: We're trying to do something 24 good for these folks. 25 MRS. DOSS: Exactly. 95 1 COMMISSIONER BELEW: That oughta be rewarded 2 nicely. 3 JUDGE KELLY: It always is. 4 MRS. DOSS: Well, intentions should count 5 for something, right? 6 COMMISSIONER BELEW: It should. It should. 7 COMMISSIONER LETZ: We just need the 8 effective date for the market adjustment to be 9 implemented. 10 MRS. DOSS: So I will work on that. 11 JUDGE KELLY: Rich, sitting in these chairs 12 is not what it's all cracked up to be. 13 MR. PACES: I'm enjoying it back here. 14 JUDGE KELLY: Okay. So we're going to pass 15 on that for the time being, move to item 1.31 consider, 16 discuss and take appropriate action to approve the 17 revision of the Airport job descriptions. 18 MRS. DOSS: Yes, Sir. Been working with 19 Mary Rohrer on these. The Board has approved them and 20 this is just merely a formality for y'all to approve 21 them. And it's for the executive assistant and the 22 airport maintenance position. 23 COMMISSIONER LETZ: And this is part of 24 getting them into the County system potentially, 25 correct? 96 1 MRS. DOSS: Yes. And the next one will be 2 to get them on the market adjustment plan. 3 COMMISSIONER LETZ: I move for approval. 4 COMMISSIONER GIPSON: Second. 5 JUDGE KELLY: Got a motion and a second to 6 approve revision of Airport job descriptions as 7 presented. Any discussion? Those in favor raise your 8 hand. Unanimous. 9 Item 1.32 consider, discuss and take 10 appropriate action to approve the market adjustment 11 increase policy for the Airport. 12 MRS. DOSS: Yes, Sir. This is something 13 that Mary has already worked into her budget, already 14 calculated it into her budget, and the Board has 15 approved. Because they would like to see their 16 employees on the same County policy as everyone else. 17 COMMISSIONER LETZ: And this comes with the 18 same question as what their effective date is as they're 19 existing employees, correct? 20 MRS. DOSS: Correct. Well, she worked it in 21 her budget. She worked the first year into her budget. 22 COMMISSIONER LETZ: May be in her budget; 23 may not be in our budget. 24 JUDGE KELLY: Just want to make sure it's 25 being consistent with what we're doing with the DA's. 97 1 Whatever we do with the DA's, we need to do this across 2 the board for everybody. And I can see people nodding 3 their heads out there, you know what can happen. 4 MRS. DOSS: Okay. 5 COMMISSIONER BELEW: We need to do the same 6 thing with everybody. 7 JUDGE KELLY: Move on to item 1.33 consider, 8 discuss and take appropriate action to approve Holiday 9 Schedule for fiscal year 2022-2023. 10 MRS. DOSS: Yes, Sir. The same number of 11 holidays as last year. Just the dates changed, 12 obviously. 13 COMMISSIONER HARRIS: I move for approval. 14 COMMISSIONER BELEW: Second. 15 JUDGE KELLY: Got a motion and second to 16 approve the holiday schedule for FY 23 as presented. 17 Any other discussion? Those in favor raise your hand. 18 Unanimous. 19 1.34 consider, discuss and take appropriate 20 action to approve the revision of an administrative 21 position within the Sheriff's Department. Miss Doss. 22 MRS. DOSS: And I believe we're going to 23 pass on this. Larry's going to discuss this during 24 budget part. I think he just visited with you all about 25 that as well. 98 1 JUDGE KELLY: Okay. Very good. 2 MRS. DOSS: That is all. Break? 3 JUDGE KELLY: Sheriff, let's do 1.35 4 consider, discuss and take appropriate action to approve 5 $1,000.00 donation from a citizen for the Sheriff's 6 Special Response Team Fund. 7 SHERIFF LEITHA: Yes. I'm just looking for 8 y'all's approval to accept the donation. 9 COMMISSIONER LETZ: So move. 10 COMMISSIONER GIPSON: Second. 11 JUDGE KELLY: Got a motion and second. 12 Those in favor raise their hand. Unanimous. 13 1.36 consider, discuss and take appropriate 14 action to approve $1,000.00 donation from a citizen for 15 the Sheriff's Equipment Fund. 16 SHERIFF LEITHA: Yeah, same thing. Looking 17 for y'all to approve the donation for the equipment 18 fund. 19 COMMISSIONER BELEW: Move for approval. 20 COMMISSIONER GIPSON: Second. 21 JUDGE KELLY: 1.37 consider, discuss and 22 take appropriate action to approve the Cailloux 23 Foundation Challenge Grant Number 2022019 to the Kerr 24 County Sheriff's Office in the amount of $150,000.00 and 25 allow the County Judge to sign the same. 99 1 SHERIFF LEITHA: Yeah. This may take a 2 couple more minutes. Basically, I just want to educate 3 y'all on this and look for y'all to approve and the 4 Judge be able to sign this. 5 Where we're at on this -- you know, last 6 year I formed a Special Response Team, SRT Team. As you 7 know I've been here many times receiving money. We 8 raised about 23 thousand dollars from private donors 9 just coming in and donating. But I didn't -- I started 10 out feeling uncomfortable with that. It's not my line 11 of business to be out there bringing in money like that, 12 so I created -- or we created a foundation. 13 So at the time we raised about 23 thousand, 14 I kind of turned that over to our foundation. And our 15 first fundraiser in November in two hours we raised 78 16 thousand dollars. So that's a little over a hundred 17 thousand, where we were able to fund our team without 18 using the County budget, which we were very fortunate to 19 be able to do that. 20 At that time Cailloux's came in there and 21 said what do you need, Sheriff. In light of what's 22 happened recently, it's like the doors have opened up to 23 us. You know, we would like the BearCat recovery unit 24 for 300 thousand dollars. Let me explain what the 25 BearCat Rescue unit is. It is a unit -- actually 100 1 there's a unit in Uvalde as a matter of fact. But it's 2 a unit that SWAT uses it, SRT. It can be used for high 3 run rescues. It's kind of a law enforcement unit that 4 the whole team fits in there and you can deploy out of 5 it. And multi uses for it; not just for that. 6 So the Cailloux had come to us and, you 7 know, they offered us $150,000.00 matching grant. So 8 with that, you know, we are already -- our foundation's 9 already working with other foundations and to see if 10 they'll add to it. 11 In addition to that, they're planning a 12 November fund raiser, which last year we didn't have the 13 numbers. We just threw that together at the last 14 minute, was about 78 thousand dollars, just at the last 15 minute. This year they're already preparing for it. 16 I've already had several people tell me they're coming 17 to it. I have no doubt we'll raise that money with no 18 problem at all. 19 But with that being said, we just need the 20 Judge -- for y'all to approve for the Judge to be able 21 to sign it. We have 12 months to match that. If we 22 don't match that, we have to give it back. 23 County Attorney has reviewed it and made one 24 recommendation. Y'all do have the new recommendation, 25 and she's looking at me waiting for me to say that. So 101 1 she has approved it and y'all have the new version. 2 JUDGE KELLY: You learn the eye language 3 here in the courtroom. 4 SHERIFF LEITHA: Yeah, I noticed that out of 5 the corner of my eye. 6 JUDGE KELLY: We're accustomed to it. 7 COMMISSIONER BELEW: Move for approval. 8 COMMISSIONER GIPSON: Second. 9 JUDGE KELLY: Got a motion and a second to 10 approve -- what is it, BearCat? 11 SHERIFF LEITHA: BearCat. Just call it 12 BearCat. 13 JUDGE KELLY: Which is a special emergency 14 vehicle? 15 MRS. DOWDY: How do you spell that? 16 SHERIFF LEITHA: B-E-A-R-C-A-T. 17 JUDGE KELLY: Those in favor raise your 18 hand. Unanimous. 19 Okay. Then the next one is item 1.38 20 consider, discuss and take appropriate action to surplus 21 a 2017 Chevrolet Tahoe, VIN# 1GNLCDEC2HR170079 with 91 22 thousand plus miles on it, and a bad transmission, to be 23 sold by Enterprise Fleet. 24 SHERIFF LEITHA: Okay. Let me update you on 25 this, and what Reagan was talking about. That's very 102 1 true, we actually had one of those Tahoes delivered to 2 us last week. $36,000.00 for a four wheel drive is a 3 steel, you know what I mean. But we're going to put it 4 in use, obviously. 5 But with that being said, this particular 6 unit, I know it was a bad year, I have two other ones. 7 I don't want to call them bad transmissions, they're 8 still functioning. But their duties have been reduced 9 for another month or two. Because this vehicle and 10 those are on the list in a month or two, our vehicles 11 are on the way. 12 But what I'm asking the Court to do to get 13 rid of this is because I did a price comparison with 14 Enterprise, and like I said my approach on this feet 15 program is these are assets, I'm going to use them as 16 much as I can, but I'm going to get rid of them for as 17 much as I can. 18 I hope in the four year deal with, you know, 19 our monthly lease will be going down. This is a perfect 20 example. There's a high demand on these previously 21 owned units. This has a bad transmission, it's not 22 worth anything to me. So I have it over here at the 23 auto shop, it's around 5000 to repair. This vehicle's 24 leaving in two months. So I got with Enterprise, said 25 hey, what are you going to give us, you know. And they 103 1 know, they don't want me to be calling them all the time 2 what are we looking at. Nothing they could promise we. 3 Working around 24 thousand. With a bad transmission, 20 4 thousand. To me that's a no-brainer, let's cut it. And 5 if I don't get that 20 thousand or close, I'll be giving 6 a phone call. Because like I said, we're operating like 7 a business. 8 So basically, I see no reason to fix it for 9 six to eight weeks and spend 5000. When at max it would 10 24. But like I said not running, I'll get 20. Sounds 11 like a reasonable deal to me. I'll be happy to answer 12 any questions. 13 COMMISSIONER BELEW: I move for approval. 14 COMMISSIONER HARRIS: I move for approval. 15 JUDGE KELLY: That is a motion and a second. 16 COMMISSIONER BELEW: Doesn't matter to me, 17 whichever way. 18 JUDGE KELLY: This is to approve the surplus 19 of a 2017 Chevrolet Tahoe as presented. Any discussion? 20 Those in favor raise their hand. Unanimous. 21 Next item is 1.39 consider, discuss and take 22 appropriate action to determine whether or not Kerr 23 County will be claiming lost revenue under the ten 24 million dollar lost revenue presumption of the American 25 Rescue Plan Act (ARPA). Miss Graff. 104 1 MRS. GRAFF: This provision detailed in the 2 ARPA final rule allows the County to declare a standard 3 allowance of ten million dollars as lost revenue. For 4 the purpose of this grant lost revenue is defined any 5 revenue that the County was unable earn due to COVID. 6 If the County elects to declare the standard 7 allowance of ten million dollars, this can be used for 8 any government services, including but not limited to: 9 IT, Road & Bridge and the Sheriff's Office. 10 COMMISSIONER BELEW: Does Kerr County meet 11 that standard? 12 MRS. GRAFF: Yes, Sir. We earn -- our total 13 grant for ARPA is $10,233,960.00. And we can elect the 14 standard allowance of up to ten million. 15 COMMISSIONER BELEW: I'm asking how much we 16 lost? 17 MRS. GRAFF: We lost -- it's unable -- we 18 can use this formula to kind of figure that out, but we 19 are -- 20 COMMISSIONER BELEW: Well, that's kind of 21 important. 22 MRS. GRAFF: I'm sorry. 23 COMMISSIONER BELEW: It's not important? 24 MRS. GRAFF: It's not that it's not 25 important. We can determine it using a formula, but we 105 1 haven't done that because we are unsure currently of how 2 much we did actually lose. 3 MRS. SHELTON: And this is a safeguard. 4 This is a little bit more experience. We can spend the 5 time and effort that it takes to calculate that, or we 6 can say, we can take ten million dollars. So the ten 7 million dollar is the highest amount that they're saying 8 that we could take by not doing the formula. 9 COMMISSIONER GIPSON: That's a standard 10 amount? 11 MRS. SHELTON: Yes. 12 JUDGE KELLY: It's a presumption. 13 MRS. SHELTON: It's a presumption. And 14 based on the amount of time it would take to calculate 15 it, it's probably better just to accept the ten million. 16 This is to answer a question that's on the ARPA 17 quarterly report that must be answered, and we have not 18 been answering it because we need direction from y'all. 19 COMMISSIONER BELEW: Well, how long does it 20 take to look at the revenue from one year to the next? 21 MRS. SHELTON: So because they have to do it 22 on their way of doing it, so you have to go back and 23 take their particular calculations that they wanted. 24 They want it on a calendar year; not on the county's 25 fiscal year. They also don't include every single thing 106 1 that we would include. 2 If you're counting revenue, there are 3 certain items that are not counted. So by the time you 4 do all the pulling from the different years, adding them 5 together, determining if -- you know, if this particular 6 revenue is included or not. It's easier just to take 7 the ten million. We would not lose more than ten 8 million. 9 COMMISSIONER HARRIS: Is there a deadline on 10 this? 11 MRS. GRAFF: Yes, Sir. June 30th. 12 COMMISSIONER LETZ: So the action is to -- 13 there's a sample Resolution in there. Is that -- 14 COMMISSIONER GIPSON: There's some in the 15 back. 16 MRS. GRINSTEAD: Those samples were sent by 17 TAC. 18 MRS. GRAFF: And this was recommended by 19 GrantWorks as well. 20 COMMISSIONER LETZ: Is there a 21 recommendation of which of the two samples we -- both of 22 these have Kerr. I mean -- 23 MRS. GRAFF: Either one. 24 COMMISSIONER LETZ: It's a different form, I 25 guess. I make a motion to approve the Resolution as 107 1 submitted. 2 COMMISSIONER GIPSON: I second. 3 MRS. GRINSTEAD: Which one? 4 COMMISSIONER GIPSON: The last one. 5 MRS. GRINSTEAD: The Option 2. 6 COMMISSIONER GIPSON: Option 2. 7 JUDGE KELLY: Any discussion? Got a motion 8 and a second. Okay, those in favor raise your hand. 9 (Judge Kelly, Commissioners Gipson and Letz 10 in favor.) 11 JUDGE KELLY: Opposed? 12 (Commissioner Belew opposed.) 13 JUDGE KELLY: Abstain? 14 (Commissioner Harris abstained.) 15 JUDGE KELLY: 3-1-1. 16 Hasn't lost its luster. 17 COMMISSIONER BELEW: You wonder why there's 18 inflation. You keep pumping money out of DC. 19 JUDGE KELLY: The last item on the 20 consideration agenda is 1.40 discussion regarding 21 governmental and administrative development in Ingram 22 and impact on Kerr County. 23 This is one to be able to give people an 24 opportunity to know what all is going on. I think the 25 Sheriff's Office is probably impacted more than anybody. 108 1 We have a new -- to set the stage. We have a newly 2 elected Mayor and City Council in Ingram. And there 3 have been some resignations. There has been quite a bit 4 of turnover in Ingram. 5 I've had ongoing discussions with Claud 6 Jordan, and I know that the Sheriff's Office has been in 7 contact with them. I'm sure you have, too, Brad. And 8 just wanted to put this on the agenda so that people 9 understand that there are changes going on in Ingram and 10 they will affect Kerr County. We don't know exactly 11 what they're going to be yet, but they're in the 12 process. 13 Anything you want to add, Sheriff? 14 SHERIFF LEITHA: Yeah. Get some input from 15 y'all. I had Jody print out a schedule for us, just to 16 give you an idea. Y'all can just pass them around, what 17 I'm looking at. 18 Sometimes I know they're hard to read. N 19 stands for nights. Which night, what they're doing I 20 understand right now is four people 4-A. They got three 21 officers. The day shift is running a 9-A to 4-P. But 22 if you look you see Segner(phonetic) down there, he's 23 kind of active supervisor. He's number 8. He works 24 basically Monday through Friday from 9 to 4. If you 25 look at top the two guys up there are 4 and 5, nights 109 1 from 4-P to 4-A. 2 The number four guy will no longer be 3 working there at the end of this month, he'll be working 4 for me. So that'll be another opening. 5 So let's just take for example, you know, 6 what we're dealing with. Let's go over to 18 and 19, 7 Saturday and Sunday. So the guy Segner's off, another 8 guy's off so that leaves one night unit from 4-P to 4-A, 9 so we are covering the calls around that, and obviously 10 there's a little gap between four a.m. to 9 a.m., we're 11 covering that. 12 I'm looking for y'all's direction. I meant 13 as a Sheriff, you know, public servant we have to answer 14 those calls, you know. We don't -- if they're in what 15 we call the queue, if it's a family violence assault, 16 you know, we're running over there no matter what we're 17 doing. 18 I know as taxpayers, everybody deserves the 19 same service. You know, that's what we're handling it. 20 But in these instances, you know, when nobody's out 21 there, we don't have an option and then these also 22 require a follow-up investigation on of these. That my 23 officers, my office is looking for me for direction. 24 Hey Sheriff, how far you want to take this. What do you 25 to want do. What's going to happen. 110 1 My concern is, I don't see a fix for six 2 months to a year down the road. I know when Carol got 3 in there, did a very good job of hiring people. This is 4 the second one I've hired, you know. Very good. 5 They're looking for some stability, you know. So with 6 that being said, you know, just looking for direction. 7 You know, I have one guy, Judge, we talked. 8 I have one guy who we called District. This is 9 summertime, you know, the guys, you know, they usually 10 save their time up. The PTO time, I supported that. 11 But what that did for me as I explained, it doubled 12 their time off so they can take it off. So we're in a 13 crunch. 14 And later on, I was going to explain to 15 y'all in 3.2, you know, where we're at on human traffic 16 and human smuggling. We're getting hammered. We're 17 getting hammered. We're staying above water, but you 18 know there's only so many guys out there. That's a big 19 district, although it's not the most populated, it's a 20 big district. I got one guy. 21 So with that being said, open to discussion. 22 I would like to hear a game plan from the City, what 23 we're going to do moving forward. Pending that, when a 24 call comes in we gotta go handle it. 25 COMMISSIONER HARRIS: Well, the last time we 111 1 had a change over the newly appointed Mayor came in and 2 gave us kind of a State of the Union and where we were 3 going, what we're trying to do, and it really helped. 4 SHERIFF LEITHA: That would be nice. I need 5 that. I mean I gotta know -- 6 JUDGE KELLY: I invited Mayor Jordan, and he 7 said he'd be excited to come. We haven't made any 8 special arrangements yet. 9 SHERIFF LEITHA: You know, our dispatch is 10 still in limbo. It's supposed to be a part-time 11 service, which we've been doing full-time for quite 12 sometime. You know, I have to look at that option, 13 because obviously we're going to be doing 24 hour 14 coverage dispatch, you know, patrol. So you know, I'm 15 not coming here to ask you for more people now, but 16 depends on what happens here, but we gotta talk. 17 COMMISSIONER LETZ: I already told the 18 Sheriff my opinion of this in an e-mail when he asked or 19 somebody asked me what I thought. And my response is, 20 we're not going to increase your staff to handle this. 21 I don't know if Commissioner Gipson knows, but I expect 22 you to have a person in the eastern part of the County, 23 and -- 24 JUDGE KELLY: Really? 25 COMMISSIONER LETZ: And I think, I mean -- 112 1 JUDGE KELLY: But we gotta laugh about it, 2 because -- 3 COMMISSIONER LETZ: And I think, you know, 4 that being said is that the response time is likely to 5 go down. Yes, you need to reply, but the response time 6 to the people that live in the City of Ingram is going 7 to get a lot longer. And if it's an emergency situation 8 you gotta get people there, whatever, your deputies to 9 get over there. 10 But you know, it is not fair to the rest of 11 the taxpayers of the County for -- if the County 12 Sheriff's Department dedicates staff full-time for the 13 City of Ingram. 14 COMMISSIONER HARRIS: It's not like we have 15 a bunch of extra officers, or you know Deputy Sheriff's 16 sitting around in vehicles and everything else. 17 SHERIFF LEITHA: Where at best, when you 18 have a municipality, you pay for a service, right, you 19 expect a service. Above and beyond service as far as 20 the Police Department. 21 JUDGE KELLY: The conversation I had with 22 Mayor Jordan, because people really need to know what's 23 going on. The County is obligated to provide law 24 enforcement protection for every citizen in the County, 25 and municipalities that want better coverage of their 113 1 own police departments. 2 Heretofore Ingram had their own police 3 department, and I think that it did a very good job. 4 This police department has basically disintegrated, or 5 is in the process of disintegrating. That does not mean 6 that Kerr County then become the police for Ingram. 7 So just to kind of set the stage, when you 8 talk about these shifts, we've got five shifts. A lot 9 of people don't understand exactly how the Sheriff 10 Departments runs patrol. But that's one for each 11 precinct. And one for the Sheriff's Office here in 12 town. So -- and what a shift includes is three officers 13 and a cruiser on eight-hour shifts. And so they provide 14 coverage 24/7. 15 Now, Precinct 4, for those of you that are 16 familiar with it represents about two thirds of this 11 17 hundred square mile County. It's huge. And you got one 18 cruiser out there. And trust me, my wife's not happy 19 about that and I've talked to the Sheriff about it and 20 she's talked to him about it. 21 But we're not in a position to add a shift 22 just to provide law enforcement for Ingram. So when I 23 talked to Mayor Jordan, I told him the citizens of 24 Ingram are entitled to law enforcement protection from 25 the Sheriff's Office. And it's the same as everybody 114 1 else. No more, no less. 2 Now, what it's doing is it's making queues, 3 the lines longer, and taking longer to be able to 4 respond. We can't control that. And the County's not 5 in the position, as I told Mayor Jordan, and I'll tell 6 the public, we're not in the position to ride law 7 enforcement for Ingram. 8 There's a movement in Ingram to 9 unincorporate. If those of you that didn't know about 10 it you need to know about it. It's alive and well out 11 there, and if they unincorporate they are part of the 12 County. Part of the risk that we face is the streets in 13 Ingram are deplorable. And if they don't do something 14 about them very quickly, they're going to have to 15 rebuild all of those streets in Ingram. 16 And so what Mayor Jordan's doing is to 17 trying to find revenues to be able to fix the streets, 18 and he's doing it at the expense of law enforcement. So 19 the County's in the dilemma of how do we respond to 20 that. And I know we're going to be looking at budget 21 next week, and I read your packet. Good golly. Y'all 22 haven't seen it, but there's going to be some increases. 23 But bottom line is that we have to be good 24 neighbors with the folks out in Ingram. But that's a 25 huge area out there. And the Sheriff's Department can't 115 1 just become the new improved Police Department for the 2 City of Ingram. So that's the tight rope that we're 3 walking. 4 But it has to be discussed publicly, because 5 this is what's on the table and this is what we have to 6 deal with. 7 COMMISSIONER BELEW: Just in general, law 8 enforcement, with the increase in population here, that 9 changes everything for the Sheriff's Department across 10 the whole County anyway. And the one thing that most of 11 us don't mind paying more for is law enforcement, and 12 fire protection, roads, things for our kids in school 13 so you're safe in that regard. But it's going to be -- 14 people need to prepare for it. 15 It happens exponentially anyway, as we have 16 growth you have to have officers. 17 SHERIFF LEITHA: Right. My goal is to visit 18 with you all at one point is to have one officer for the 19 next four or five years, just to stay with what we got. 20 That's not taking in Ingram. I mean if I take that in, 21 Judge, that's 500 thousand, right? Five guys, cruisers. 22 I mean, you know, we don't plan on doing that, but -- 23 JUDGE KELLY: Let's flush that out a little 24 bit. So the people understand when we talk about a 25 shift, a 24-hour a day shift. And you got the three 116 1 deputies that rotate through it on their 8 hour shifts. 2 It takes five deputies to staff a one 24-hour shift, 3 because you gotta have time off, you gotta have 4 vacation, you got sick leave, you got all kinds of 5 stuff. It literally takes five deputies to be able to 6 staff one deputy on duty 24/7. 7 COMMISSIONER BELEW: To make sure you always 8 have somebody. 9 JUDGE KELLY: Right. And the Sheriff and I 10 sat there and ran the numbers. And that's about four 11 hundred and 50, 500 thousand dollars. 12 SHERIFF LEITHA: With roll ups. 13 JUDGE KELLY: That's a half million dollars. 14 SHERIFF LEITHA: So I'm just looking for an 15 answer, at some point. 16 COMMISSIONER BELEW: What was the question? 17 (Laughter.) 18 JUDGE KELLY: I put this on the agenda as a 19 discussion item because the dialogue needs to start. 20 And the next step, I think needs to be -- we need to 21 encourage and invite the Ingram City Council and the 22 Mayor to come talk to us about their plan, and so that 23 we can figure out how we can help each other. We need 24 to keep this dialogue open. 25 So I appreciate that, appreciate the 117 1 information. I'll have to figure out how to read the 2 chart now. 3 Let's move quickly on to the approval agenda 4 item 2.1 budget amendments. 5 MRS. SHELTON: Yes, there are ten budget 6 amendments for your consideration. These are line item 7 adjustments. The Auditor is certifying new revenue for 8 two of the entries. They're on the first page, the 9 bottom two. We are starting to see the impact of 10 inflation. The Sheriff's Office did -- is moving from 11 his capital outlay budget into vehicle oil and gas, 70 12 thousand dollars to make it through the end of the year. 13 JUDGE KELLY: And we appreciate the good 14 work. 15 COMMISSIONER HARRIS: Some might say "Let's 16 go Brandon". I move for approval. 17 JUDGE KELLY: I second it. 18 We got a motion and second to approve the 19 budget amendments as presented. Any discussion? Those 20 in favor, raise your hand. It's unanimous. It's a 21 tough pill to swallow, but it's unanimous. 22 Okay, moving on to item 2.2 pay the bills. 23 MRS. SHELTON: Yes. We have bills today for 24 your consideration, $1,791,945.63. 25 COMMISSIONER BELEW: Move for approval. 118 1 COMMISSIONER GIPSON: Second. 2 JUDGE KELLY: Got a motion and a second to 3 approve the bills as presented -- pay the bills as 4 presented. Any discussion? Those in favor raise their 5 hand. Unanimous. 6 Next is 2.3 late bills. 7 MRS. SHELTON: Yes. We have for your 8 consideration an amount of $812,726.28. Two of these 9 are for the East Kerr County Wastewater Treatment 10 Program. 11 COMMISSIONER GIPSON: Move for approval. 12 COMMISSIONER LETZ: Second. 13 JUDGE KELLY: Got a motion and a second to 14 approve paying the late bills as presented. Any 15 discussion? Those in favor raise your hand. Unanimous. 16 2.4 Auditor reports. 17 MRS. SHELTON: Yes. We have performed 18 internal audit for the office of the County Treasurer, 19 the Director of Animal Services, and Environmental 20 Health Director. We've presented this report and ask 21 that you accept them. 22 COMMISSIONER LETZ: So move. 23 COMMISSIONER HARRIS: Second. 24 JUDGE KELLY: Got a motion and a second to 25 approve the Auditor's reports as presented. Those in 119 1 favor, raise your hand. Unanimous. 2 MRS. SHELTON: And Judge, sorry, I have one 3 more report that I forgot. The Sheriff's Office key 4 board that he brought to my office and gave to me to use 5 is working perfectly. I can see all of the keys on the 6 key board. 7 SHERIFF LEITHA: Before I talked to her 8 about the budget. 9 (Laughter.) 10 JUDGE KELLY: Item 2.5 accept monthly 11 reports. 12 COMMISSIONER HARRIS: Yes. From May 2022, 13 the County Clerk, Jackie J.D. Dowdy, District Clerk, 14 Dawn Lantz. Constable Precinct 1, Tommy Rodriguez, 15 Precinct 2, Kyle Schneider, Precinct 3, Paul Gonzales, 16 Precinct 4, Brad Rider. Justice of the Peace Precinct 17 1, Mitzi French, Precinct 3, Kathy Mitchell, Precinct 4, 18 Bill Ragsdale. Environmental Health, OSSF, Director 19 Ashli Badders, Animal Control Services Director Reagan 20 Givens. Amended reports, Environmental Health OSSF 21 Director, Ashli Badders, March 2022, for additional 22 revenue, and April 2022 for additional revenue. I move 23 for approval. 24 COMMISSIONER LETZ: Second. 25 JUDGE KELLY: Got a motion and a second to 120 1 approve the monthly reports as presented. Any 2 discussion? Those in favor raise your hand. Unanimous. 3 Court orders, 2.6. 4 COMMISSIONER LETZ: We have our Court Orders 5 from our May 23rd regular meeting, numbers 39321 and 6 39348. They all look to be in good shape. Move for 7 approval. 8 COMMISSIONER BELEW: Second. 9 JUDGE KELLY: Court Orders. A motion and a 10 second to approve court orders as presented. Any 11 discussion? Those in favor raise their hand. 12 Unanimous. 13 Okay, moving on to the information agenda 14 3.1 status reports from department heads. 15 3.2 status reports from elected officials. 16 SHERIFF LEITHA: Yeah. I know it's been 17 long and everybody wants to get out of here. Just kind 18 of want to let you know what's going on in the status 19 report. I know the budget's coming around the corner. 20 But we have had a tremendous increase on human 21 smuggling, and the mental health transports. The last 22 three weeks has just been crazy. 23 Human smuggling cases, we're lucky, we 24 usually get one a week. Two weeks ago we had three in 25 one day. We had five that week. And that's kind of all 121 1 hands on deck where it kind of requires all of us to get 2 out there and get it taken care of. 3 But more on the mental health transports, I 4 kind of focused on the budget, but you know the last 5 couple weeks was all hands on deck. That's done. I 6 need to get with the Police Chief, because I mean you 7 know when we go to San Antonio -- I mean I was okay with 8 it. I wasn't okay with going to Austin or San Angelo, 9 which now what I'm facing is we've had trips now to Katy 10 and Belton. That's ridiculous. I mean that's 11 ridiculous. We gotta figure something out. 12 And you know with the Chief right now, we 13 send two guys, and they send one just for officer 14 safety. I had some meetings last week. I haven't 15 talked to the Chief yet. I'm kind that considering 16 maybe one guy if it's two hours or less, just to kind of 17 extend, you know, the manpower to help out. But we're 18 in a position we gotta do something, it's taking up all 19 of our time in addition with everything else going on, 20 so even increase an officer. You know over five years, 21 because crime's just going up basically and stuff like 22 that. 23 But just to kind of let you know that those 24 two are really taking up a lot of our time. And the bad 25 thing is both of those are unfunded mandates. 122 1 JUDGE KELLY: They're statutorily required. 2 SHERIFF LEITHA: Yeah. My hands are tied. 3 But anyway, just wanted to let you know. 4 JUDGE KELLY: This is an ongoing problem 5 that we've been fighting forever. 6 SHERIFF LEITHA: And keep going. 7 JUDGE KELLY: Thank you. 8 CONSTABLE RIDER: I have a couple things. 9 JUDGE KELLY: Constable Rider. 10 CONSTABLE RIDER: Constable Rider, yes. 11 Thank you. I saw Reagan earlier. I was watching this 12 at my office and I have the same problem with the 13 vehicle. The vehicle that was approved in capital 14 outlay last year. As of Friday, still has not been 15 manufactured. 16 Talked to Enterprise, where I don't have 17 really a problem. Talked to them about the option. The 18 option was find an orphan, what they call an orphan, 19 somebody ordered it, didn't take it, but it's available. 20 They have the same truck, it could possibly be here in 21 July. The money's a whole lot different though. 22 So getting all those numbers in order for 23 budget, I didn't get it to Jody in time to get it on the 24 agenda, just to let you know. 25 The second item is I'm starting a program 123 1 within the Constable's Office to do law enforcement 2 vehicle inspections. Mainly that consists of trailers. 3 I sit there by the tax office everyday and listen to 4 those ladies in there getting just complained, and 5 cursed at, everything, because we don't have a service 6 here. 7 Finding out what you have to do to do that. 8 It's called a 68A form. Law enforcement is the only one 9 that can do that. Boerne Kendall County Sheriff's 10 office is doing it; otherwise you go to San Antonio, and 11 there's anywhere from a three to six month waiting list. 12 There's three classes. I start one of those 13 tomorrow. It's free. I just gotta get to San Antonio. 14 The other two is whenever they plan them. Auto theft, 15 data base, that kind of thing. 16 That being said, on the flip side, the good 17 side to it, I guess, if there is one. Not only we serve 18 the community and our citizens, but there's a 40 dollar 19 charge that goes in the general fund for every 20 inspection that's done. 21 So in knowing that, and kind of finding out 22 some of this information. I talked to Bob Reeves about 23 that. He seems to think -- and I know this is going to 24 come later. But he has a place that we could use over 25 on McFarland, I guess it was, an old recycle center, 124 1 somewhere where we could use the inspections in kind of 2 a general loction. That may change in up and coming 3 plans. 4 But first step was to get the education, 5 find out exactly what we needed. I know what classes I 6 have to have now in order to do that, so that's where 7 I'm at with that. Just kind of enlighten you on what 8 I've been working on. 9 COMMISSIONER LETZ: Brad, so this is to be 10 able to do trailer inspections that are now required on 11 certain trailers? 12 CONSTABLE RIDER: Basically, there's a lot 13 of trailers. You go out and build a barbecue pit 14 trailer, and you have no VIN, you won't get it 15 registered. There's been a new law passed, even like -- 16 some of y'all may know Mike Gully(phonetic), for 17 example. His dad past away that he had a trailer on the 18 ranch for 35 years. He can't get it registered without 19 this inspection. 20 This is separate from your inspection that 21 you go down to the Exon or A & A Tire, or whoever, to do 22 a vehicle inspection. This is the only one that can be 23 done by law enforcement, and it is for that VIN. 24 Because the VIN's are being taken off on stolen 25 trailers. And so that has to be done first. If you do 125 1 not have a VIN and it's a shop made trailer, it's my 2 understanding at this point the DMV will issue one after 3 you have this inspection. 4 COMMISSIONER LETZ: This is news. But I 5 think it's good public information also. If you have -- 6 currently have a licensed trailer that's shop made but 7 does not have a VIN, are you going to be able to renew 8 it? 9 CONSTABLE RIDER: Probably not, not without 10 the inspection. That's my understanding. And that's 11 what a lot of people are really hot under the collar 12 about, and some of these ladies are -- it's not their 13 fault. The law changed, I think in February, and 14 they're receiving the wrath. 15 COMMISSIONER LETZ: Another unfunded 16 mandate. 17 CONSTABLE RIDER: Well, I mean right now as 18 far as I can see, if we have a property we could search 19 and look for these, do these inspections, then that's 20 not an issue. The education part of it so far that I 21 found is free to me, so I just have to get there and 22 take the training. And just take a day out of the week, 23 maybe every Tuesday for example, and do trailers all 24 day. 25 I think San Antonio will do only 30 a day. 126 1 I don't know how many people that consists of. But 2 that's all they'll do because of all the time and 3 manpower they have. I might can only do ten, I don't 4 know until I get into it. 5 But that's part of my plan, so I'm just 6 letting you know. Thank you. 7 MS. HOFFER: Judge, I just thought of a 8 couple things. Just to update. We have two roads left 9 on the FEMA list and they should be done this week, so 10 that will complete that list and been working hard on 11 that. And we'll be glad when that's all done. 12 And then I was hearing people, I think it 13 was more about the lease vehicles. I think I mentioned 14 to the Court we ordered a 12-yard dump truck that is 15 budgeted this current fiscal year. We ordered it 16 October one, and at the very soonest it will be November 17 of next fiscal year. 18 So it's an International 12-yard dump truck, 19 so we're running into issues with that, too, as far as 20 to build it. It hasn't been built yet, but we ordered 21 it on October one. 22 JUDGE KELLY: October one of last year? 23 MS. HOFFER: (Shaking head yes.) 24 COMMISSIONER LETZ: A year and two months to 25 get one. 127 1 MS. HOFFER: So anyway I wanted to let you 2 know on the FEMA roads, that we're really dwindling down 3 on that, and the two roads that are left out of a 4 section of Derrick Road, and then that section before 5 the narrow crossing on Turtle Creek. And then we should 6 be -- that list completed. Thank you. 7 JUDGE KELLY: With that, we're going to 8 recess for a short break -- 9 COMMISSIONER BELEW: Wait. We got one more. 10 We got Liaison's, and I have something to say. 11 (Laughter.) 12 COMMISSIONER BELEW: The history camp that 13 the Historical Commission put on was very well 14 attended. I asked if they could have stood more kids, 15 and they were at capacity. So that was good. The Union 16 Church has had a lot of improvements to it. They were 17 very complimentary about those, and what a great site it 18 was, worked very good. 19 So there are some things need to be done to 20 it still, but Shane's well aware of it. So I want to 21 thank everybody that volunteered, especially the 22 Historical Commission. And Buzzie came out, so thanks 23 to Buzzie's Barbecue and everybody else that helped out. 24 It was a success. 25 COMMISSIONER GIPSON: I don't have anything. 128 1 COMMISSIONER LETZ: Two things. But one, 2 TABC is changing their rules and guidelines and 3 application processes like they do every two years 4 evidently. But now that liquor by the drink, or now 5 that alcohol is available for sale in Precinct 2, that 6 brings up the Youth Event Center, which has up to now we 7 have never done that. 8 Jake is in the process of looking at it. I 9 think the direction will be that alcohol will need to 10 be -- all alcohol will need to be purchased through 11 Spectrum, which will increase revenue. 12 I'm just bringing it up now to kind of -- 13 he's expecting a little bit of push back. Have to work 14 a little bit with the Stock Show Association. And 15 there's a little bit -- we have a special agreement with 16 them. And he's thinking and wants probably a little bit 17 of input from us, because he -- to start with provided a 18 cost, so we're not making any money, but the cost plus 19 50 percent. 20 He's trying to figure out how to get into 21 all the quinceanera's, weddings, and all the events out 22 there. Not all of them. But many of them use alcohol. 23 And how it's going to be proceeded. And exactly what 24 portion of that facility he'd like to -- that's not the 25 term he used, but that's basically what it is. You have 129 1 to designate certain areas. 2 So like he can have the exhibit hall only, 3 and the rest of it can be the way it is right now. So 4 anyway, it's just something to think about that's 5 pending. 6 The other thing is, I think it was last 7 week, the Economic Development Corporation had a 8 workshop. And it was interesting, up until now I think 9 the priority of KEDC has been bringing high paying jobs 10 into the area. Pretty much the focus is changing. 11 Mainly because there's no housing. And there's -- and 12 with no housing, there's no people for any job right 13 now, which is a problem. And one of those issues is 14 child care is a big part of that. 15 So probably going to, you know, schedule a 16 workshop. You know, with budget coming up, I don't know 17 that it's going to be real soon, but really as to what 18 direction this Court wants to go with economic 19 development. Things that were talked about was maybe 20 providing child care, and maybe a group of the City, 21 hospital, County going together, schools, to provide 22 child care for our employees and their employees. 23 Another option would be assistance to 24 developers to do low income housing. It's just not 25 happening. It's not going to happen. A lot of the City 130 1 looks at it a lot more than we do. I mean they don't 2 come to us. But they just can't make it -- the 3 developers can't make economics work. 4 And it's kind of at a -- and evidently, I 5 was not aware of this, but over there by -- off of 6 Legion near the fire station, that little area was 7 developed by basically the City subsidized that housing. 8 COMMISSIONER GIPSON: And USDA. 9 COMMISSIONER LETZ: Well, that was that one. 10 And what's come up, it was the USDA property -- or 11 property that was bought from the USDA by the airport, 12 it's already owned by -- 13 JUDGE KELLY: EIC. 14 COMMISSIONER BELEW: You talking about where 15 the apartments are? 16 COMMISSIONER LETZ: That one off Legion was 17 done. But the idea was that the property that was 18 purchased from the USDA out by the airport is 86 acres, 19 I think, of possibly doing something with that. We 20 wouldn't want to be involved in that, or maybe we would. 21 Maybe help pay for some of the infrastructure. But the 22 City -- the EIC owns it, so obviously they could provide 23 a discounted price per acre if they chose to. 24 So a lot of things. It's very different 25 than has been discussed in the past. But I think it's 131 1 probably good for a workshop to see what direction, if 2 the County wants to help with some of that or not. 3 COMMISSIONER BELEW: Once anything like that 4 gets passed on to the consumer, all of that is aimed for 5 developers in helping out. But if it trickles down to 6 the buyer, the purchaser, actually gets affordable 7 housing then that would be worth a discussion. 8 COMMISSIONER LETZ: I think some of it does. 9 I think the other thing is if development progresses, 10 you know, either City, County could help fund the 11 infracture and then get reimbursed as they are sold. 12 There's a lot of different things you can do, but it's 13 very new to the County, and new to the City. So 14 something to look at down the road. 15 JUDGE KELLY: Any more good news? Okay 16 then, what we're going to do is to adjourn, take a short 17 recess, short break, and then we'll return in executive 18 session to discuss consultation with attorney, and 19 personnel matter. So we'll be in recess for five 20 minutes. 21 (Recess.) 22 (Executive Session.) 23 JUDGE KELLY: It's 3:33 and we're coming out 24 of Executive Session, and there being no further 25 business before the Court, we are adjourned. 132 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 Regular Commissioners' Court. 9 Dated this the 7th day of July, A.D. 2022. 10 11 /s/DEBRA ELLEN GIFFORD Certified Shorthand Reporter 12 No. 953 Expiration Date 04/30/2023 13 * * * * * * 14 15 16 17 18 19 20 21 22 23 24 25