1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Regular Session 5 Monday, June 27, 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 *** Visitor's Input. 6 4 *** Commissioner's Comments 10 5 1.1 Report from the Kerr County Historical 13 Commission regarding the Summer History 6 Camp 2022. 7 1.2 Consider, discuss and take appropriate 17 action to approve contract with Xerox 8 for copier for 216th District Attorney's Office. 9 1.3 Consider, discuss and take appropriate 18 10 action to approve the contract for Assessment and Collection Services between 11 Kerr County and Center Point Independent School District, and authorize the County 12 Judge to sign same. 13 1.4 Consider, discuss and take appropriate 19 action to approve the contract for 14 Assessment and Collection Services between Kerr County and the Kerr County Emergency 15 Services District #3, and authorize the County Judge to sign same. 16 1.5 Consider, discuss and take appropriate 20 17 action to approve the recommendation from Selection Committee to hire GrantWorks for 18 administrative services related to the Hazard Mitigation Assistance (HMA) grant 19 programs, and allow County Judge to sign Single Submission Letter as GrantWorks was 20 the only firm that responded to the RFP. 21 1.6 Consider, discuss and take appropriate 21 action to approve Local Hazard Mitigation 22 Planning Services contract with GrantWorks to provide administrative services related 23 to the Hazard Mitigation Assistance (HMA) grant programs, and allow County Judge to 24 sign same. 25 3 1 I-N-D-E-X 2 NO. PAGE 3 1.7 Consider, discuss and take appropriate 22 action to reappoint Greg Longenbaugh to 4 the Kerr County 9-1-1 Board. 5 1.8 Consider, discuss and take appropriate 22 action to approve the revised job 6 descriptions within the Animal Services Department. 7 1.9 Consider, discuss and take appropriate 26 8 action to approve the market adjustment increase policy for the Airport and District 9 Attorney's offices. 10 1.10 Consider, discuss and take appropriate 34 action to approve the Mutual Agreement 11 Document between "O.U.R." Operation Underground Railroad, Domestic Law 12 Enforcement and Kerr County Sheriff's Office, along with a donation in the amount of 13 $25,770.50 for payment of yearly contract with GRAYSHIFT, LLC for the GrayKey package. 14 1.11 Consider, discuss and take appropriate 37 15 action to surplus items for the Kerr County Sheriff's Office. 16 1.12 Consider, discuss, and take appropriate 38 17 action to change steps for three positions in County Auditor's Office for the 2022-23 18 budget per LGC 111.013. 19 2.1 Budget Amendments. 42 20 2.2 Pay Bills. 43 21 2.4 Auditor Reports. 43 22 2.5 Accept Monthly Reports. 46 23 2.6 Court Orders. 47 24 1.13 Greeting and introduction from the Interim 48 Police Chief for the City of Ingram. 25 4 1 I-N-D-E-X 2 NO. PAGE 3 1.14 Discussion of current Kerr County Subdivision 53 Rules and Regulations regarding lot size and 4 water requirements. 5 1.15 Public hearing for a revision of plat for 62 R.H. Ranch Lot 9. 6 1.16 Public hearing for a revision of plat for 63 7 Falling Water Lots 102 and 103. 8 1.17 Consider, discuss and take appropriate 63 action for the Court to approve a revision 9 of plat for Falling Water Lots 102 and 103. 10 1.18 Consider, discuss and take appropriate 65 action to set a public hearing for August 8, 11 2022 at 10 a.m. to consider a petition to abandon, vacate and discontinue an 12 approximately 900-foot portion of Stewart Junkin Road. Said road to be replaced with 13 a different alignment approximately 150 feet east of its current intersection with River 14 Road. 15 1.19 Consider, discuss and take appropriate 67 action for the Court to set a public hearing 16 for 10 a.m. on August 8, 2022 for a revision of plat for Post Oak Estates Lot 7, and Water 17 Works Lot, Volume 3, Page 47. 18 1.20 Consider, discuss and take appropriate 69 action for the Court to set a public hearing 19 for 10 a.m. on August 8, 2022 for a revision of plat for the Reserve at Falling Water Lots 20 31R1 and 31R2. 21 1.21 Consider, discuss and take appropriate 70 action for the Court to conditionally 22 approve a final plat for Steel Creek Estates subject to submittal of a 23 satisfactory performance financial guarantee and placement of a note on the plat regarding 24 water availability. 25 5 1 I-N-D-E-X 2 NO. PAGE 3 3.2 Status reports from Elected Officials. 72 4 *** Adjournment. 73 5 *** Reporter's Certificate. 74 6 * * * * * * 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6 1 JUDGE KELLY: Court will come to order. It 2 is Monday, June the 27th, 9 o'clock in the morning, and 3 the Kerr County Commissioners' Court is now in session. 4 If you would, please, stand for the prayer and pledge, 5 which will be led by Commissioner Letz. 6 (Prayer and Pledge) 7 JUDGE KELLY: Please be seated. I ask 8 everyone to please turn your phones to vibrate or off so 9 you don't interrupt the proceedings. The first item on 10 the agenda is always public input. We have several 11 people who submitted a request. And just to remind 12 everyone, these will be for topics that are not on the 13 agenda. If it's on the agenda, we ask that you wait 14 until the agenda item is called. So with that, Teri 15 Hall. 16 MS. HALL: Good morning, y'all. Teri Hall, 17 Independence Lane. I'm representing We the People, 18 Liberty In Action. And we're wanting to just come 19 before the Court today about the property tax rate and 20 the budget process. Obviously, property taxes are just 21 too high. They're unsustainably high. 22 And we appreciate your no new revenue 23 budget. But to actually get relief, it would require 24 lowering our tax rate. Because obviously that rises 25 every year with the appraisals. But at this time, the 7 1 reason why we're not coming to the Court asking for 2 that, is because we want to focus on our Sheriff's 3 deputies and their salaries. 4 The proposed COLA for them is a three 5 percent when inflation is approaching ten percent. Food 6 in just the month of May went up ten percent. Between 7 gas and food and all of these other conflating events, I 8 feel like we're asking so much of our Sheriff's deputies 9 at this time, just caught the seven in that sex 10 trafficking ring. How many drug busts have we seen from 11 our sheriffs. 12 The massive problem with illegals and all 13 the bailouts in the inter lands of the county and all 14 these ranches. You have the fallout from Uvalde that 15 they're being asked to pick up some slack. And now the 16 Ingram Police Department and all the instability over 17 there, asking them to have to cover West Kerr. 18 So we feel like we need to have competitive 19 salaries for our Sheriff's deputies. They know they can 20 make more going to Kerrville Police Department. Our 21 surrounding counties they could make more. And while 22 our retirement package might be awesome, how are these 23 young families going to get through this crisis if they 24 don't have what they need to provide for their own 25 families. 8 1 And what we would hate to see is the Kerr 2 County Sheriff's Department turn into what's happening 3 over at the Ingram Police Department, where we can't 4 keep the positions filled at the time when we're asking 5 the most from them. 6 So we're asking you to make those tough 7 adjustments to the budget to try and increase some of 8 those salaries for them and still keep your no new 9 revenue budget because otherwise we would be asking for 10 across the board tax relief and lowering the tax rate so 11 that we could actually feel some of that tax relief. So 12 with that, that's all I have to say right now. 13 JUDGE KELLY: Thank you. William Fitch. 14 MR. FITCH: Good morning. William Fitch. I 15 live at 403 Forrest Ridge Drive, here in Kerrville. 16 Mine's very simple. The Sheriff is the chief law 17 enforcement officer of our county. Nobody outranks him. 18 And his deputies support him. And we need them to stick 19 around. And the only way for them to stick around is if 20 they are being paid competitively. 21 So I echo what Miss Hall said. We need a 22 raise for our Sheriff's deputies. And I ask that you 23 consider that strongly. Again, he's the top dog. Thank 24 you. 25 JUDGE KELLY: Thank you. Janice Riley. 9 1 MS. RILEY: Good morning. Janice Riley. I 2 live in Precinct 3 out in Center Point. Close to the 3 County line. And as a wife of a retired state trooper 4 from Maryland, this is a topic near and dear to my 5 heart. And I can tell you there is a lot of law 6 enforcement that because of the lack of competitive 7 salaries, they end up having to look for second jobs or 8 family members also have to look for second jobs. 9 And so if we talk about law enforcement 10 being out, working full-time, if not overtime, and then 11 working a second job, then they're not getting the rest 12 they need to be sharp and coherent and doing their best 13 when they're out defending our county. 14 And additionally, there is so much activity, 15 Uvalde, and the trafficking, and what's going on at the 16 border was brought up, we also need to look at 17 additional positions, and also putting into the budget 18 looking at the idea of training. Because things are 19 changing and there's much adapting and adjustment 20 needed. And if we have competitive salaries to make 21 sure that we keep the gentlemen and women in their 22 positions, then also have the funding to be able to have 23 them trained knowing the latest technologies and 24 advances and the tactics that are out there as well. So 25 that's my piece to share with you. Thank you for your 10 1 time. 2 JUDGE KELLY: Those are all the applications 3 I have filed. So with that, we move on to Commissioner 4 Comments. Precinct 1. 5 COMMISSIONER BELEW: Same old story. Need 6 rain. Had fires lately, you know, and it's very dry out 7 there. I try to remind everybody that even if you live 8 in a rock house, you have wood trim. And it's just as 9 dry as a bone right now, so please be careful. 10 JUDGE KELLY: 2. 11 COMMISSIONER GIPSON: I have calls 12 complaining that we have restrictions against fireworks 13 but we have fireworks stands open. I assume they have 14 limitations on them. But please be careful if you do 15 use them. 16 JUDGE KELLY: 3. 17 COMMISSIONER LETZ: I did my part for the 18 rain. I washed my truck yesterday, and that's a very 19 rare occurrence. 20 (Laughter.) 21 COMMISSIONER BELEW: I just finished 22 building a cabinet and left it on the patio. 23 (Laughter.) 24 COMMISSIONER HARRIS: Well, again, you know, 25 we all know we need rain. And it's at critical stages 11 1 right now. I did go into Thomas Jeffers, his church's 2 fireworks stand the other day and -- and visited with 3 them, and asked them to ask people to be very cautious 4 and he said that they were doing that. And he said that 5 I've even had mama say no, we can't get that, it's too 6 dry out there. You know, so people are using a little 7 bit of common sense, I hope. So that's it. 8 JUDGE KELLY: Well, just to follow up. I 9 think we're piling on it here about the fireworks coming 10 up on the 4th. I think most of you know that I'm a 11 former civil trial lawyer. And spent most of my career 12 trying a lot of lawsuits. And I just want to remind 13 people that there could be civil liability if you start 14 a fire on somebody else's property. 15 The restrictions that we have are no fins 16 with -- the missiles with fins or rockets on sticks. 17 And that's to try to get them out of the air. But even 18 with sparks flying and everything, we get -- we're 19 having these warm winds in the evening that are very 20 dangerous. 21 And I want to remind people that we were 22 just talking about the Sheriff's Office. The Sheriff is 23 the top law enforcement officer, and he answers to a 24 requirement of having to prove by a -- beyond a 25 reasonable doubt, which is a very heavy burden. We've 12 1 got to be 95 percent certain something happened before 2 you can find somebody guilty. 3 Civil liability is not based upon beyond a 4 reasonable doubt; it's a preponderance of the evidence. 5 And what that means simply is if you just visualize the 6 scales of justice, the complaining party has to put on 7 enough evidence to tip those scales slightly. Just any. 8 A preponderance of the evidence is 51 percent. And 9 believe it or not, in my career I had a 51 percent case 10 that I actually tried. But that's not a very heavy 11 burden if you think about it. 12 And so -- and -- and the public doesn't 13 know, and I'm sharing with you now, that I have been 14 approached by citizens that are concerned, suggesting 15 that I declare a state of disaster, which I have the 16 ability to do. It's only good for 60 hours. I've 17 worked this out with my County Attorney. It's only good 18 for 60 hours before the Governor has to review it. But 19 we could declare a state of disaster to stop the 20 fireworks. I'm choosing not to do that. 21 And I've communicated to the Court that if 22 we were going to do it, I would want -- I would want to 23 have the solid support of the Court. I really don't 24 like messing with people's rights. You've got the right 25 to do the fireworks, but do it responsibly. And that's 13 1 why I'm emphasizing potential liability here. Water 2 your yard if you're going to do it. Tell your 3 neighbors. Let them water their yards. Water their 4 roofs maybe. I mean seriously. It's very dangerous out 5 there. And it wouldn't take much evidence to show 6 somebody not being responsible and that standard is what 7 a reasonably prudent person would do under the same or 8 similar circumstances. 9 Now, what is the responsible thing to do 10 here. If you're going to do fireworks, take 11 precautions, document it so that you've got some 12 evidence if you get sued as to the precautions that you 13 took. And so that's just out there. And if I get on my 14 professional soapbox one time as a lawyer and just say, 15 be careful out there. It's dangerous. 16 So with that, we're going to shift into the 17 Historical Commission. We go to Item 1.1, which is a 18 report from the Kerr County Historical Commission 19 regarding the Summer History Camp. Ms. Bond. 20 MS. BOND: Good morning. Attached to your 21 agenda, if you have a complete agenda, is a two-page 22 report on History Camp. And I want to thank the 23 Commissioners' Court, as well as a lot of different 24 county employees. Because the Auditor, the attorney, 25 maintenance, the court coordinator, Human Resources -- 14 1 we have a lot of support help from the County as well as 2 the Commissioner's Court. And I just want to say thank 3 you for that. It's deeply appreciated. Because we know 4 how hard you all work. 5 The Chair of the Historical Commission is 6 here this morning, Julie Mosty Leonard. And I just 7 wanted to say we had a successful camp. We had 19 8 children. We had an upper limit of 20. Because 9 Commissioner Belew had asked me could we take more 10 children, and the answer is no, partly because our 11 county children can be contained and do activities 12 within the Union Church building, because we try to 13 maintain a really good adult to child ratio. 14 These were children who had completed the 15 third grade and the fourth grade. And when you get 16 volunteers in there, like on Wednesday we had 13 17 volunteers in there with Daughters of the Republic of 18 Texas, and five learning stations and 19 children were 19 attending and there's not much room left in the Union 20 Church building. 21 So I just wanted to say, all 19 children, 22 with the exception of three children who had to miss one 23 day each, it's really a compliment to us that they all 24 showed up every day. Okay. And to all the volunteers. 25 Because this camp could not be put on, and I think we 15 1 may be one of the few counties in the State of Texas 2 that has initiated a camp like this. So I'm very proud 3 of all of the staff who volunteered. 4 And if you read on down, you'll see a list 5 of the staff people who were there every day and a list 6 of all the activities we did. And then on the next 7 page, there is a list of all of the volunteers who were 8 there. And these people were sharing with us their 9 experience, their knowledge, and their skill. 10 And I've had parents tell me, hey, I'm 11 learning things. My kid came home and told me some 12 things I did not know. And a person in the community 13 told me Friday evening in an event that a grandmother 14 was at Riverside Nature Center and was saying, Thank God 15 for the History Camp. It was a great experience for my 16 granddaughter. 17 So I want you to know that this is a very 18 valuable thing that I think we do, and we appreciate 19 everything that the County does to help us. I do want 20 to give a shout out to not only the schools in the area, 21 both private and public, who helped us distribute fliers 22 this year. And you can see at the top of page 1 what 23 our distribution was of schools the children attend in 24 the County. We had one child from Abilene that her 25 grandmother lives here and her mother was raised in Kerr 16 1 County. 2 And I -- so I wanted to say thank you to 3 Buzzie's BBQ who provided chili for us free of charge 4 for lunch for the children on Friday. And -- you know, 5 it's a bit on the spicy side but those kids went back 6 for second bowls. I was really shocked once I took my 7 first bite, I was like, oh my. 8 So I also want to say thank you to So Fast 9 Printing, because even though we pay them for what they 10 do, they have endless patience with me about all of the 11 pre-needs that we have to do. 12 Julie, did you have anything to say? 13 MS. LEONARD: Well, I ran into one of our 14 campers at Walmart. And he passed by me and, you know, 15 I said, were you at the history camp? And he got this 16 stricken look. And then finally, he went -- he reached 17 over and just grabbed me and gave me this big hug. And 18 his mother said he misses that so much. And she said 19 he's coming back next year. So he may be too old, but 20 it was -- that was an amazing experience. 21 MS. BOND: As just a final comment, I do 22 want to tell you that we did buy event insurance for the 23 five days, the five mornings. But event insurance now 24 for youth day camp is getting high. Judge Kelly's 25 laughing. It's getting more difficult to come by. And 17 1 so there was an animal exclusion, despite my desire to 2 have a horse, a sheep, and a goat there one day. I have 3 no idea how much it would have cost us to have been able 4 to have animals there. So that is -- was kind of a 5 disappointment this year, but the insurance agent went 6 into great detail with me and I read everything so -- 7 that he sent so I know that it is a difficult thing to 8 do. 9 I also want to thank one parent donated a 10 scholarship, and it was used, and another member of the 11 commission donated two scholarships and they were both 12 used. So I want you to know that we do reach out to the 13 community in that way, too. So thank you very much for 14 your time. 15 JUDGE KELLY: Well, and Miss Bond and 16 Ms. Mosty both, I want you to know that the County is 17 very proud of what you do on the Commission and we're 18 very proud to have a Historical Commission summer camp. 19 Because we are Camp County in Texas, if you know, think 20 about it. We are -- we are the leading county for 21 camps. So what you're doing is very important to us and 22 we do appreciate it. Thank you. 23 MS. BOND: Thank you. 24 JUDGE KELLY: Item 1.2 is to consider, 25 discuss and take appropriate action to approve a 18 1 contract with Xerox for the copier for the 216th 2 District Attorney's office. Miss Flores. 3 MS. FLORES: Good morning. Our contract for 4 the Xerox that is in our office, the contract is up July 5 5th. Xerox sent us a new contract, a four-year 6 contract, and the price has actually gone down $168 7 annually. And it will save, over four years, about 8 $672. And we are hoping that it'll get signed. 9 COMMISSIONER BELEW: Move for approval. 10 COMMISSIONER GIPSON: Second. 11 JUDGE KELLY: We've got a motion and a 12 second to approve the Xerox contract for the 216th 13 District Attorney's office. Any discussion? Those in 14 favor raise your hand. Unanimous. Thank you. 15 MS. FLORES: Thank you. 16 JUDGE KELLY: Item 1.3 consider, discuss and 17 take appropriate action to approve the contract for 18 Assessment and Collection Services between Kerr County 19 and Center Point Independent School District. 20 Mr. Reeves. 21 MR. REEVES: Good morning, gentlemen. 22 Before you is an updated contract which was drafted and 23 approved by the Kerr County Attorney authorizing my 24 office to assess and collect property taxes for the 25 Center Point Independent School District. 19 1 This new contract reflects various changes 2 in terminology as a result of the 86th and 87th 3 Legislative Sessions. It's respectfully requested that 4 the Court approve the contract and authorize the County 5 Judge to sign the same. 6 COMMISSIONER GIPSON: I move for approval. 7 COMMISSIONER BELEW: Second. 8 JUDGE KELLY: Got a motion and a second to 9 approve the Assessment and Collection Services contract 10 between Kerr County and Center Point ISD. Any 11 discussion? Those in favor raise your hand. Unanimous. 12 Item 1.4 consider, discuss and take 13 appropriate action to approve the contract for 14 Assessment and Collection Services between Kerr County 15 and the Kerr County Emergency Services District No. 3. 16 Mr. Reeves. 17 MR. REEVES: Yes, sir, Judge. As you know, 18 the Kerr County ESD #3 was approved by the voters on 19 November 2nd, 2021. The contract before you was drafted 20 and approved by the Kerr County Attorney authorizing my 21 office to collect property taxes and assess property 22 taxes for the District. 23 I respectfully request that the Court 24 approve the contract and authorize the Judge to sign. 25 COMMISSIONER GIPSON: Move for approval. 20 1 COMMISSIONER BELEW: Second. 2 COMMISSIONER LETZ: Second. 3 JUDGE KELLY: Got a motion and a second to 4 approve the Assessment and Collection Services contract 5 between Kerr County and ESD #3. Any discussion? Those 6 in favor raise your hand. Unanimous. 7 MR. REEVES: Thank you. 8 JUDGE KELLY: Thank you, Mr. Reeves. 9 Item 1.5 consider, discuss and take 10 appropriate action to approve the recommendation from 11 the Selection Committee to hire GrantWorks for 12 administrative services related to the Hazard Mitigation 13 Assistance grant program. Ms. Putnam. 14 MS. PUTNAM: Good morning. The Selection 15 Review Committee did meet and went on ahead and did a 16 scoring committee, although we only had one submission 17 for the RFP which was GrantWorks, which we have years of 18 experience with, and they did write our previous hazard 19 mitigation grant five years ago. 20 So it is upon their recommendation that we 21 ask that you approve GrantWorks as the administrative 22 services for the hazard mitigation grant. 23 COMMISSIONER GIPSON: I move for approval. 24 COMMISSIONER BELEW: Second. 25 JUDGE KELLY: We've got a motion and a 21 1 second to approve the Hazard Mitigation Assistance grant 2 to hire GrantWorks. Any discussion? Those in favor 3 raise your hand. Unanimous. Thank you. 4 Item 1.7 is to consider, discuss and take 5 appropriate action to reappoint Greg Longenbaugh to the 6 Kerr County 9-1-1 Board. 7 COMMISSIONER BELEW: We have one more here. 8 We skipped one. 9 JUDGE KELLY: Oh, Ms. Putnam. She's got one 10 more. Sorry. 11 Consider, discuss and take appropriate 12 action to approve the Local Hazard Mitigation Planning 13 Services contract with GrantWorks to provide 14 administrative services related to the Hazard Mitigation 15 Assistance grant programs. 16 MS. PUTNAM: Yes. We have gone ahead and 17 gotten the contract from GrantWorks for the Hazard 18 Mitigation grant application. It has been reviewed by 19 the County Attorney, and we would like that to be passed 20 to go ahead and start the process. 21 COMMISSIONER GIPSON: I move for approval. 22 COMMISSIONER BELEW: Second. 23 JUDGE KELLY: We've got a motion and a 24 second. Any discussion? Those in favor raise your 25 hand. Unanimous. Thank you. 22 1 MS. PUTNAM: Thank you. 2 JUDGE KELLY: Item 1.7 now, consider, 3 discuss and take appropriate action to reappoint Greg 4 Longenbaugh to the Kerr County 9-1-1 Board. 5 Commissioner Belew. 6 COMMISSIONER BELEW: He wants to stay on the 7 Board. Mark Del Toro would like him to stay on the 8 Board, so I thought it would be a slam dunk deal. 9 COMMISSIONER HARRIS: How many is on that 10 Board, five? 11 COMMISSIONER BELEW: I think. I think. I 12 don't remember. 13 COMMISSIONER LETZ: We appoint one. 14 COMMISSIONER BELEW: So I move for approval. 15 COMMISSIONER LETZ: Second. 16 COMMISSIONER GIPSON: Second. 17 JUDGE KELLY: We've got a motion and a 18 second to approve Greg -- to reappoint Greg Longenbaugh 19 to the Kerr 9-1-1 Board. Any discussion? Those in 20 favor raise your hand. Unanimous. 21 Item 1.8 consider, discuss and take 22 appropriate action to approve the revised job 23 descriptions within the Animal Services Department. 24 Miss Doss and Mr. Givens. 25 MR. GIVENS: Good morning. If I may before 23 1 Jennifer does her part. I want to just give a quick, 2 brief explanation as to what we're doing here. I think 3 everybody's aware by now that we're moving towards the 4 solid waste division of environmental health moving from 5 the courthouse over to the animal shelter. Because we 6 did purchase an office building, which is being finished 7 out right now. 8 In doing that, we are going to be losing 9 kind of an unofficial administrative assistant. The 10 administrative assistant for the OSSF division of 11 environmental health still answers all of our phone 12 calls, and it does a lot of things for us. 13 When we move, we're going to be moving away 14 from her and that -- that side of that department. So 15 what I'm -- what I'm looking at doing is something that 16 probably should have been done years ago but now it's 17 just become absolutely necessary, and that's moving the 18 administrative assistant, basically to be a straight 19 administrative assistant and not having them work the 20 front desk at the shelter. Because that is just very 21 taxing on them. It's hard to -- it's hard to be 22 efficient and timely with things like monthly reports, 23 and just a whole lot of things. 24 But basically I'm -- what I'm looking at is 25 moving her from that position to being a strictly 24 1 administrative assistant, which there's plenty -- I'll 2 be able to have them doing all day long, but then 3 redesignating one of our existing kennel tech positions 4 into a receptionist position. Somebody that will 5 full-time work the front desk. And by the front desk, I 6 mean the first person everybody sees when they come in 7 the facility and the person that's mostly answering the 8 phone, dispatching calls, doing all that type of thing. 9 That's what I need somebody to be doing, and 10 an administrative assistant that can do -- do a better 11 job of it. And it's not any fault of theirs, it's just 12 the nature of the position working at that desk. It's 13 just very busy. 14 So basically I'm looking at redesignating an 15 existing position into a receptionist and -- and moving 16 the administrative assistant out of the front so that 17 they can assist with the solid waste and everything 18 else. So if y'all have any questions about it, I can 19 answer them. 20 COMMISSIONER LETZ: Reagan, there's no 21 budget impact on this switch is there? 22 MR. GIVENS: No, sir. No. 23 COMMISSIONER BELEW: No change of job title? 24 MR. GIVENS: There is a change in job title. 25 Basically, one of the full-time kennel tech positions 25 1 will go -- will be as -- will be redesignated with a new 2 job description and a new job title of receptionist. I 3 didn't know what else to call it. But basically that's 4 what they are. The first person they see when they come 5 through the front door. So it's basically a 6 redesignation of one position. 7 The other person was still -- the 8 administrative assistant will still be doing all the 9 same things. Also, whenever somebody's out sick or on 10 vacation, you know, they'll be going back to the front 11 to work that. But from day-to-day operations, I really 12 need some more administrative assistant type of help. 13 And it's -- I've needed it for awhile but it's actually 14 about to get, you know, even more so. Because we're -- 15 like I said, we're basically losing somebody that 16 answers the phone, that does some of that stuff for us 17 that's not even a member of our department is basically 18 the way that works. 19 COMMISSIONER HARRIS: Does that put you 20 shorthanded with kennel techs? 21 MR. GIVENS: Yes, sir. That will -- that -- 22 well, we have two part-time kennel tech positions 23 currently and two full-time kennel tech positions. I'm 24 looking at moving one of the full-time. It's a need, 25 yes, but I'm -- I'm trying to look at the greater need 26 1 right now. And -- and that's to make -- to make this 2 move. 3 MRS. DOSS: So the job descriptions we want 4 you to approve today are the Animal Services 5 Administrative Assistant position, as well as the Animal 6 Services Receptionist position. And they've both been 7 updated. 8 COMMISSIONER LETZ: But the step and 9 grade -- the grades are the same as they've -- 10 MRS. DOSS: Correct. 11 COMMISSIONER LETZ: I move for approval. 12 COMMISSIONER HARRIS: Second. 13 JUDGE KELLY: We've got a motion and a 14 second to approve the revised job descriptions within 15 the Animal Services department. Any discussion? Those 16 in favor raise your hand. Unanimous. 17 1.9 consider, discuss and take appropriate 18 action to approve the market adjustment increase policy 19 for the Airport and District Attorney's offices. 20 Miss Doss. 21 MRS. DOSS: Yes, sir. I brought this before 22 you two weeks ago and you wanted me to attach dollars to 23 the actual market adjustments for those departments and 24 what I provided you has those in the attachment. 25 COMMISSIONER LETZ: A little background on 27 1 this. These are both departments that have never been 2 on the step and grade system. We've talked about them 3 before and the idea is to get them moved onto it. And 4 it's becoming, I think, now a budget for next year. It 5 doesn't change this year's budget? 6 MRS. DOSS: Correct. 7 COMMISSIONER LETZ: It'll be incorporated 8 into the budget but it'll be for us to approve it so 9 that it can go into the budget for next year. 10 MRS. DOSS: Right. 11 JUDGE KELLY: Any other discussion? Those 12 in favor raise your hand. 13 MRS. DOWDY: We don't have a motion. 14 JUDGE KELLY: Oh, we don't have a motion 15 yet. 16 COMMISSIONER LETZ: I'll make a motion to 17 approve. 18 COMMISSIONER HARRIS: Second. 19 JUDGE KELLY: Now we have a motion and a 20 second. Any other discussion? 21 COMMISSIONER LETZ: I do have a question. 22 Jennifer, has this been resolved exactly as to how 23 timing wise they're going to get incorporated in? You 24 and I have talked about this some and -- 25 MRS. DOSS: Yes. It will occur on the first 28 1 anniversary in this next year because all of them have 2 been employed more than a year. So they already would 3 have received it based on their current policy. So if 4 their anniversary falls in December, they'll get it, you 5 know, 25 pays for next year. If it falls in May, 6 they'll have to wait until May. 7 COMMISSIONER LETZ: But if they already -- 8 MRS. DOSS: Right. I mean, I would love to 9 start them as of 10/1 but -- 10 COMMISSIONER LETZ: I guess the question is, 11 you know, I -- I don't know that it's fair to give 12 them -- this could have really been policy at the one 13 year automatic increase. So a two and a half percent 14 increase. Now, these employees -- their salaries have 15 been adjusted by their respective departments along the 16 way. 17 And I think -- personally, I think it should 18 be skip the one year and then go to the four -- or three 19 or four -- yeah, four years? Four years you get up a 20 step. 21 MRS. DOSS: So do we -- we use their hire 22 date? Because their -- their hire dates, you know, vary 23 greatly. So I mean one year from their hire date, which 24 would have already have them be receiving one, or one 25 year from their hire date in FY 23? 29 1 And then one situation, we had an employee 2 who worked for a different department within the County 3 who received steps. She transferred into this 4 department and now she does not receive steps. 5 COMMISSIONER LETZ: Well, I'm not -- I don't 6 have a problem with just the one year part of our 7 policy -- 8 MRS. DOSS: Okay. 9 COMMISSIONER BELEW: Because it's short of a 10 year? 11 COMMISSIONER LETZ: Well, be -- no because 12 they've been employees of the County for over a year. 13 COMMISSIONER BELEW: Yeah. 14 COMMISSIONER LETZ: And, you know, the one 15 employee that transferred at some point in her career 16 she got a one step increase. The others that didn't, 17 their salaries were adjusted based on what their 18 department heads wanted. So they've kind of -- to me, 19 they shouldn't get the first one-year increase. It 20 ought to just go with the every four years, but -- 21 MRS. DOSS: Okay. 22 COMMISSIONER HARRIS: If you want to amend 23 your motion, I'll second. 24 COMMISSIONER LETZ: That's kind of a 25 discussion point. 30 1 COMMISSIONER BELEW: Or is it? 2 MRS. DOSS: Does the four years -- 3 COMMISSIONER LETZ: I want to be fair to the 4 employees, but I don't want to -- I'm not sure it's fair 5 to give them a one -- a two and a half percent increase 6 after one year and then -- then roll them into the 7 system. Maybe that is the fair way to do it. I don't 8 know. 9 COMMISSIONER BELEW: Well, there's always 10 the last one when the gate comes down and -- and if you 11 try to get everybody a trophy, it doesn't always work 12 out very well. And in this particular scenario, there's 13 going to be several people that -- that aren't happy, so 14 you just do what you gotta do. If you keep it simple in 15 the future. That's my opinion. 16 JUDGE KELLY: And so the public understands 17 what we're dealing with. These are ongoing employees of 18 the County. And have been for, in some cases, many 19 years. Long since the one year anniversary from their 20 hiring. And so that's -- that's what is problematic 21 about this is because they're already employees. And 22 they're long since, most of them, at least one did get 23 one year adjustment. 24 COMMISSIONER LETZ: And others were adjusted 25 by the department heads annually. 31 1 JUDGE KELLY: Especially in this past year 2 with the salary study. 3 COMMISSIONER LETZ: I mean, I'm all in favor 4 with getting on the step and grade. I think we should 5 have all of our -- I think it's a whole lot simpler to 6 get all of them on the step and grade system, it's just 7 whether they should get that first year. And I don't 8 know how you -- when you start the four year -- when you 9 start the clock running. 10 MRS. DOSS: All right. We have employees 11 that started in 2016, 2015, 2018, 2019. So all over the 12 place. So it -- would it be the four years from their 13 hire date and in some cases they've already passed the 14 four years? 15 JUDGE KELLY: We can't -- we can't go 16 backwards. 17 MRS. DOSS: So four years from 10/1 18 anniversary date, starting now? I just need a -- 19 JUDGE KELLY: Well, I don't think it's legal 20 for us to go backwards. 21 MRS. DOSS: Well, you can go backyards to 22 count their hire date to go forwards to get them on 23 four, seven, ten schedule. 24 COMMISSIONER LETZ: I think you have to use 25 the hire date; otherwise, they get -- they're treated 32 1 different from all other employees. So I think you use 2 the hire date. I would think you would go with their 3 hire date and then go every four years cycle. 4 MRS. DOSS: Three-year cycle. 5 COMMISSIONER LETZ: Oh, three year. 6 Whatever. 7 MRS. DOSS: Yeah. So get them on whatever 8 they're closest to. Their next anniversary date which 9 is -- hits four, seven, ten, thirteen, et cetera. 10 COMMISSIONER LETZ: That's what I think we 11 should do. 12 MRS. DOSS: Okay. 13 JUDGE KELLY: So we'll go back to hire date 14 and -- 15 COMMISSIONER LETZ: And start calculating. 16 JUDGE KELLY: -- as though they were on the 17 grade and step at the time. 18 MRS. DOSS: Right. 19 JUDGE KELLY: And then they just fall into 20 whatever year they are. 21 MRS. DOSS: Right. Which will change the 22 math. 23 JUDGE KELLY: If you got one hired in '15, 24 then they're going to be at year seven, right? 25 MRS. DOSS: Well, they would have hit their 33 1 next step in '22. So the next one wouldn't be until 2 '25. 3 COMMISSIONER BELEW: There's a hire date and 4 trigger date. 5 COMMISSIONER HARRIS: Right. That sounds 6 good to me. What do you think County Attorney? 7 MRS. STEBBINS: I think it's fair. 8 COMMISSIONER HARRIS: I think so, too. 9 JUDGE KELLY: Is that your change? 10 COMMISSIONER LETZ: Yes. 11 COMMISSIONER HARRIS: And I second it. 12 JUDGE KELLY: Discussion? 13 MRS. DOSS: I have one question -- 14 COMMISSIONER BELEW: Well, because -- in 15 fairness, it's complicated because it's a man-made 16 concept. So that's all I'm going to say about the 17 fairness part. 18 JUDGE KELLY: Well, we know somebody's going 19 to be unhappy. But we've tried to do this fairly. 20 MRS. DOSS: And the employee that would have 21 received their step, they're just going to have to wait 22 another three years. 23 JUDGE KELLY: Okay. Those in favor raise 24 your hand. It's unanimous. With a sigh. 25 MRS. DOSS: Thank you. 34 1 JUDGE KELLY: Okay. Item 1.10 consider, 2 discuss and take appropriate action to approve the 3 Mutual Agreement Document between "O.U.R.", which is 4 Operation Underground Railroad, Domestic Law 5 Enforcement, and Kerr County Sheriff's Office, along 6 with a donation in the amount of $25,770.50 for payment 7 of a yearly contract with GRAYSHIFT, LLC for the GrayKey 8 package. Sheriff Leitha. 9 SHERIFF LEITHA: Yes. Judge and Court, I'm 10 looking for y'all's approval to be able to accept this 11 Mutual Agreement between Kerr County Sheriff's Office 12 and O.U.R., which is Operation Underground Railroad. 13 A little quick brief on that is basically, 14 this is a service that we currently use through the 15 Secret Service. One of our task force officers, they 16 would use this on Friday mornings from 9:00 to 11:00 17 because a lot of people have a demand. This -- I don't 18 want to get in a lot of detail because of investigative 19 reasons but it's basically a service to be able to get 20 an iPhone unlocked. It's -- it's very hard to do. 21 And a little bit about O.U.R., I'll read you 22 a quick sentence here. O.U.R. is a non-profit 23 organization that exists to protect children from sex 24 trafficking and sexual exploitation. A mission best 25 accomplished through collaboration with law enforcement 35 1 agencies. 2 O.U.R. kind of reached out to us because 3 we've been making a lot of cases. We're actually the 4 only agency that has a forensic unit between San Antonio 5 and El Paso. So because of this service, they're 6 wanting to donate this service. They'll be purchasing, 7 the County won't be out nothing. It's $25,770.50. 8 That's for one year. 9 What -- what GrayKey does have is they have 10 an internal grant system that will help us in writing 11 grants for extended purposes from year one. And if we 12 lose it, that's fine. We go back to the Secret Service. 13 But we're allowed, like, two hours a week to be able to 14 download these phones. And being able to download them 15 here, we'll be able to make more cases quicker and get 16 them to the district attorney for prosecution. 17 Heather has reviewed this and has no 18 problems with it. So I'm just looking for y'all's 19 approval to be able to accept this -- enter into this 20 new trade agreement. 21 COMMISSIONER HARRIS: I move for approval. 22 COMMISSIONER LETZ: Second. 23 JUDGE KELLY: We've got a motion and a 24 second to approve the O.U.R., Operation Underground 25 Railroad, Domestic Law Enforcement contract with the 36 1 Sheriff's Office, and accept a donation in the amount of 2 $25,770.50. And this pertains particularly to iPhones? 3 SHERIFF LEITHA: Yes. Yeah, that's -- yes. 4 To be able to get into those. 5 JUDGE KELLY: IPhones are very problematic 6 for law enforcement. Very difficult. 7 SHERIFF LEITHA: Yeah. 8 JUDGE KELLY: A very good service. Any 9 discussion? 10 COMMISSIONER BELEW: Well, I have a 11 question. Being as Kerr County is the only place that 12 you said in our region basically -- 13 SHERIFF LEITHA: Yeah, yeah. We have a 14 forensic lab. Yes. Everything is -- 15 COMMISSIONER BELEW: How often does somebody 16 come to you from another county wanting to use it? 17 SHERIFF LEITHA: Oh, regular. I can't say 18 daily. Weekly, definitely. Even DPS. Even some of the 19 Feds come to us. You know, we're just real fortunate to 20 be able to have it. 21 Now, this service here, we don't currently 22 have here, GrayKey; we have it with the Secret Service. 23 Like I say, we get a two-hour window, which you can only 24 do so many phones. But we'll have that ability here, 25 once y'all approve this, to be able to do it here. So I 37 1 look for more people to come here to be able to use it. 2 It's very valuable. 3 JUDGE KELLY: Any other discussion? Those 4 in favor raise your hand. Unanimous. 5 SHERIFF LEITHA: Thank y'all. 6 JUDGE KELLY: Item 1.11 consider, discuss 7 and take appropriate action to surplus items for the 8 Kerr County Sheriff's Office. Ms. Shelton. 9 MRS. SHELTON: Yes. You have before you a 10 list of the items that the Sheriff's Office has that are 11 no longer serviceable and need to be destroyed. So 12 there's pants, shirts, caps, expired vests, and then a 13 Nikon camera, and Olympus voice recorder. 14 COMMISSIONER LETZ: I move for approval. 15 COMMISSIONER HARRIS: Second. 16 JUDGE KELLY: Okay. We've got a motion and 17 a second to approve the surplus items for the Sheriff's 18 Office. Any discussion? 19 COMMISSIONER HARRIS: Sheriff, like on these 20 vests, they just kind of time out as far as -- you know, 21 you got a ten-year lifespan or something and -- 22 SHERIFF LEITHA: They have a five-year shelf 23 life, yes. 24 COMMISSIONER HARRIS: Okay. 25 SHERIFF LEITHA: I don't want to test it 38 1 after that. 2 JUDGE KELLY: Any other discussion or 3 questions? Those in favor raise your hand. Unanimous. 4 Item 1.12 consider, discuss, and take 5 appropriate action to change steps for three positions 6 in the County Auditor's office for the 2022-23 budget. 7 Ms. Shelton. 8 MRS. SHELTON: Yes. I'm respectfully 9 requesting to change the pay steps of three positions 10 for the 2022-2023 fiscal year. Pay will remain on grade 11 22. While this request has been tentatively approved by 12 the District Judges that set the salaries of the 13 employees in the Auditor's Office, Local Government Code 14 Section 111.013 states an increase from one fiscal year 15 to the next in the amount budgeted for the salary of an 16 Assistant Auditor shall not exceed five percent without 17 approval of Commissioners' Court. 18 New job descriptions, which include job 19 title changes, additional duties and educational 20 requirements of a bachelor's degree in accounting or 21 finance have been prepared. The amount of pay requested 22 is in line with the Kerr County salary study. 23 Two positions I'm requesting move to step 24 seven. It will be the Assistant Auditor for grants and 25 budgets, and the second position is the Assistant 39 1 Auditor for financial reporting. 2 One position, I'm asking to move to a step 3 four, and that is the Assistant Auditor for internal 4 audits. 5 The estimated amount requested for all three 6 positions is less than $14,000. And about eight or 7 9,000 of this is available from the restructuring of the 8 County -- of the Auditor's Office because a first 9 assistant was not hired. We went back in with just 10 another assistant auditor. 11 The County Attorney has advised that 12 discussion concerning specific employees be held in 13 Executive Session. Thank you for your consideration. 14 JUDGE KELLY: Okay. So this is something 15 we'll take up in Executive Session? 16 COMMISSIONER BELEW: If we -- 17 JUDGE KELLY: If we want to talk about an 18 individual. 19 COMMISSIONER BELEW: Right. 20 COMMISSIONER LETZ: I have no interest in 21 talking about an individual. 22 JUDGE KELLY: I don't think we need to do 23 that either. Tanya, it might be helpful for the public 24 to understand kind of the recent history of the 25 auditor's office. It's been somewhat problematic and 40 1 we're trying to get it all shored back up. 2 MRS. SHELTON: We -- the first assistant 3 left. It's been about four months. I mean -- but I 4 think I went two months, did not receive any resumes for 5 that position, and the pay was too low, and so we 6 actually went and hired -- it was about two to three 7 months later that I finally found somebody for the 8 assistant auditor position. 9 In the past, our job descriptions are more 10 generic and it -- each job description had almost the 11 entire duties of the auditor's office. So this is 12 allowing employees to become focused in the areas 13 that -- per their new job titles. 14 JUDGE KELLY: But suffice it to say that the 15 auditor's office has been short-handed? 16 MRS. SHELTON: We have been short-handed. 17 JUDGE KELLY: For at least a year or so? 18 COMMISSIONER LETZ: I think the County 19 goes -- you know, this department is not unique. Our 20 policy says that if you're going to bring on a new 21 employee, they come in at a Step 1. And that works 22 great for new hires for a lot of offices, bringing in -- 23 you know, however, if you're trying to bring in someone 24 with some experience, which the auditor's office is one 25 of those offices that really needs some experienced 41 1 people and they just can't take people fresh out of 2 college. Our policy says they have to come to Court for 3 approval and that's basically what's happened here. 4 They're just saying that, you know, there's some jobs 5 that you need some experience when you're hired. And 6 it's not -- this is not unique. I think some other 7 departments are in the same situation and our policy 8 says that you have to come to Court. 9 I think that in the future and for next 10 year, I really think we need to look at going into 11 little bit more to salary ranges, because I think this 12 is going to become more and more of a problem. And I 13 think in talking with other counties, we're pretty 14 unique in the way we do it. Most counties have salary 15 ranges for positions. And I would like to look at going 16 into that. But that's next year. So for the present, 17 you know, I think this is -- I understand the reason for 18 it. And I'll make a motion to approve it. 19 COMMISSIONER GIPSON: Second. 20 JUDGE KELLY: We've got a motion and a 21 second to approve the requested changes for the three 22 positions in the County Auditor's office. Discussion? 23 I know everybody in the County works with the auditor's 24 office. But I dare say I probably work with the 25 Auditor's office probably more than anybody. And, quite 42 1 frankly, it's amazing we've done as well as we have. 2 And that's the truth. 3 And I think everybody knows I'm a penny 4 pincher and tightwad, but this is just something that we 5 have to do for this department. It's too -- too vital 6 for County operations not to have the employee staff and 7 operation. So I'm in support of it. Any other 8 discussion? Those in favor raise your hand. Unanimous. 9 MRS. SHELTON: Thank you. 10 JUDGE KELLY: See, it wasn't as bad as you 11 thought it was going to be. 12 MRS. DOSS: Is that going to be effective 13 today? 14 MRS. SHELTON: No. It will go into effect 15 the next budget. 16 JUDGE KELLY: Yeah, 22-23 budget. 17 Okay now, Ms. Shelton, if we're going to 18 continue until we would normally break, we could go over 19 to the approval agenda, and do the budget amendments and 20 pay the bills so that we're not wasting any time here. 21 I hate to give everybody a 20-minute break. Everything 22 else is timed at 10 o'clock. 23 So I'll call 2.1, which is the budget 24 amendments. 25 MRS. SHELTON: Okay. You have before you 43 1 eight budget amendments. These are all line item 2 adjustments. There is one request for interpreters that 3 we are using the contingency fund. This is in line with 4 what was discussed at the last budget when we increased 5 the contingency and -- and asked certain departments and 6 items that we know we have to have to decrease their 7 budget and try to make it through. So that is the third 8 one on your list. 9 COMMISSIONER HARRIS: I move for approval. 10 COMMISSIONER LETZ: Second. 11 JUDGE KELLY: We have a motion and a second 12 to approve the budget amendments as presented. Any 13 discussion? Those in favor raise your hand. Unanimous, 14 five zero. 15 2.2 pay the bills. 16 MRS. SHELTON: Yes. You have invoices for 17 your consideration that amount to $616,904.37. 18 COMMISSIONER HARRIS: I'll move for 19 approval. 20 COMMISSIONER BELEW: Second. 21 JUDGE KELLY: We've got a motion and a 22 second to approve the bills as presented -- pay the 23 bills as presented. Any discussion? Those in favor 24 raise your hand. Unanimous. 25 2.3 late bills. 44 1 MRS. SHELTON: There are not any. 2 JUDGE KELLY: 2.4 Auditor reports. 3 MRS. SHELTON: Yes. And I have two points 4 to my auditor's report at this time. The first, we're 5 just asking you to receive the audit -- internal audit 6 report for the Tax Assessor Collector, the HR 7 Department, and the IT Department. 8 COMMISSIONER BELEW: Move for approval. 9 COMMISSIONER LETZ: Second. 10 JUDGE KELLY: Got a motion and a second to 11 approve the Auditor's report as presented -- request as 12 presented. Any discussion? Those in favor raise your 13 hand. Unanimous. 14 Is that all you have? 15 MRS. SHELTON: I have one more. 16 JUDGE KELLY: Okay. 17 MRS. SHELTON: The IRS has changed the 18 mileage reimbursement to .625. And so that begins on 19 July 1st. It's just kind of a heads up notice. We've 20 also went in and looked at the meals that we're paying 21 for people that are on County time. Breakfast will be 22 $13.00, lunch $18.00, and dinner $28.00. Those that 23 have been traveling, I know are having a hard time 24 making it on the $10 for breakfast, $12 for lunch, and 25 $24 for dinner. So those will start July the 1st. 45 1 JUDGE KELLY: We have to take action on 2 that? 3 MRS. SHELTON: I don't believe so. It's the 4 IRS rate. 5 JUDGE KELLY: As much as I might like to 6 trump them, I don't think we can. 7 COMMISSIONER LETZ: Is it part of our policy 8 though? And I'm not sure -- I mean, I wonder if we 9 should adopt it into our policy? 10 COMMISSIONER HARRIS: It wouldn't hurt. 11 COMMISSIONER LETZ: I'll make a motion that 12 we adopt the new IRS guidelines for meals and mileage 13 into our policies. 14 COMMISSIONER GIPSON: I'll second that. 15 JUDGE KELLY: Got a motion and a second. 16 COMMISSIONER BELEW: In perpetuity? 17 COMMISSIONER LETZ: Until IRS changes it 18 again. 19 COMMISSIONER BELEW: That's what I'm talking 20 about. It's going to -- so you mean each year or each 21 change or -- 22 COMMISSIONER LETZ: Well, whenever they 23 change it we'll have to -- we'll need to -- 24 COMMISSIONER BELEW: Our policy will follow 25 the IRS's recommendation. Whatever -- 46 1 MRS. STEBBINS: Would you want just that 2 language at the bottom? The IRS's recommendations 3 instead of as -- as of a certain date? Because I -- 4 COMMISSIONER LETZ: Yes. 5 MRS. STEBBINS: -- can draft that and bring 6 it to you at the next court and get it on the agenda. 7 JUDGE KELLY: I think that ought to be our 8 new policy. 9 COMMISSIONER BELEW: Yeah. 10 COMMISSIONER LETZ: It should be. 11 MRS. STEBBINS: It might be. 12 COMMISSIONER LETZ: All right. Let me -- 13 I'll withdraw my motion. We'll look at it and bring it 14 back the next meeting. 15 MRS. STEBBINS: Okay. 16 COMMISSIONER HARRIS: That will be cleaner. 17 It may be there already. 18 MRS. STEBBINS: It might be. 19 JUDGE KELLY: If it's not -- 20 MRS. STEBBINS: I'll let you all know if 21 it's there. If it's not, I'll bring something back to 22 the next agenda. 23 JUDGE KELLY: Okay. Can we move on to 24 monthly reports? 25 COMMISSIONER HARRIS: Yes. For May, 2022. 47 1 Auditor's report, Tanya Shelton. Animal Control, 2 Services, Director Reagan Givens. Treasurer payroll 3 report, Tracy Soldan. Justice of the Peace, Precinct 2, 4 J. R. Hoyne. I move for approval. 5 COMMISSIONER LETZ: Second. 6 COMMISSIONER BELEW: Second. 7 JUDGE KELLY: We've got a motion and a 8 second to approve the monthly reports as presented. Any 9 discussion? Those in favor raise your hand. Unanimous. 10 Court orders. 11 COMMISSIONER LETZ: We have our Court Orders 12 from our June 13th meeting. Numbers 39349 through 13 39386. They all look to be in line. Almost said 14 they're perfect but I say they're perfect. I'll make a 15 motion to approve. 16 COMMISSIONER BELEW: Second. 17 JUDGE KELLY: Got a motion and a second to 18 approve the court orders as presented. Any discussion? 19 Those in favor raise your hand. Unanimous. 20 Let's take a ten-minute break and we'll 21 start back at -- promptly at 10 o'clock. 22 (Break.) 23 JUDGE KELLY: Court will come back to order. 24 Sheriff? 25 SHERIFF LEITHA: Yes, sir. 48 1 JUDGE KELLY: Yes, sir. 2 SHERIFF LEITHA: Well, I was going to wait 3 until after you called -- I wanted to say something 4 before you called Chief Hamilton. I think he's the next 5 one up. 6 JUDGE KELLY: Okay. No, I'll go ahead and 7 call 1.13 greeting and introduction from the Interim 8 Police Chief for the City of Ingram. 9 Sheriff, you'll make the introduction. 10 SHERIFF LEITHA: Yes. Okay, Judge, 11 Commissioners. I know there's been a lot of questions 12 in reference to Ingram, the future of Ingram. I'm glad 13 to announce they've hired an Interim Police Chief, Joe 14 Hamilton is here. Joe Hamilton used to be my Captain 15 when I was in highway patrol in Devine. He was out of 16 San Antonio. 17 Since his retirement, he's run several 18 different agencies and kind of specializes in Interim 19 Chief to go in there, analyze them, identify them, see 20 what their wants and needs and what you really have to 21 have to come -- to move forward. 22 What I'm happy about, my understanding is 23 that the police department is going to stay together 24 and -- and keep going. I think he's going to make some 25 recommendations to the City Council soon, once he's 49 1 ready, and then it'll be up to them to see what happens. 2 So with that, like I say, he's my retired highway patrol 3 captain, Joe Hamilton, Interim Police Chief of Ingram. 4 JUDGE KELLY: Welcome. 5 CAPTAIN HAMILTON: He said what I was going 6 to say. So I'm -- I'm happy to be here. I retired at 7 the end of 2016. I was lastly with Bexar County 8 Sheriff's Office. And I was over their patrol division 9 as I was a deputy chief, but I was chief of the patrol 10 division under the current U.S. Marshal, who was Sheriff 11 at the time, Susan Pamerleau. And that was -- that was 12 just like drinking from the fire hose. But I enjoy 13 challenges and -- 14 JUDGE KELLY: She's a retired General, 15 right? 16 CHIEF HAMILTON: Pardon? 17 JUDGE KELLY: Retired General? 18 CHIEF HAMILTON: Yes. Two star. Super, 19 super lady. In fact, I texted her last night and told 20 her I was here now and she wished me luck. She knows 21 some people up here and she said she'd stop by as soon 22 as she could and say hi. We keep in touch. We had a 23 good team. 24 But I retired again. I was Chief in 25 Bulverde for six years. And I enjoyed that. And that's 50 1 when I got the call from -- from her Number 2, which I 2 knew he was retired from SAPD as the Number 2 officer. 3 And they -- my wife said don't do this. And we live in 4 Comal County between New Braunfels and Bulverde. And my 5 grandkids live there. And she said, we're not moving 6 anywhere. That's it. Because she had followed me 7 around for 45 years and -- with DPS and the other 8 agencies. And I'm happy to be here. I like doing the 9 interims. This is my sixth one and we have been 10 successful. 11 I -- I do an analysis and I make my 12 recommendations on what I think the City needs. Not the 13 luxury end or not the -- just somewhere in the middle. 14 And I tell them what I think and if they want to follow 15 those recommendations, I think that's great. And if 16 they don't, that's okay, too. But I -- I do my best to 17 tell them what they need. 18 And I'm familiar with County and familiar 19 with the Sheriff. I've known him from a long time ago. 20 And you got a good guy. I -- he's going to do good for 21 ya. But if you have any questions, I'd be glad to 22 answer. 23 COMMISSIONER LETZ: Glad you're here. 24 COMMISSIONER GIPSON: Yeah, I'm just glad 25 you're here. 51 1 COMMISSIONER HARRIS: What is the status of 2 the Department as far as personnel right now? 3 CHIEF HAMILTON: Well, we have me and John 4 Singer, and we have two other officers, and both of 5 those are on nights. And one is going to -- the Sheriff 6 stole him from me. And he's going to go to work for 7 him, I think, somewhere in July. 8 The other one is going to Horseshoe Bay. 9 They stole him. And he's going -- their last day is one 10 -- one's on Thursday and one's on Friday of this week. 11 But I visited with the Sheriff earlier in 12 the week and temporarily, he's going to help us out. 13 Because John Singer just came back this morning. You 14 probably heard, he's had COVID. And so he's been home, 15 and he's back in the office this morning. If you go 16 into his office. You just can't breathe. Other than 17 that, you're fine. But we're doing okay and we're going 18 to get by. 19 And the Mayor is -- I like him. He's a 20 likeable guy. He's aggressive. And he wants to move 21 forward. And I don't look backwards. I don't point a 22 finger and say -- I go forward, here's what you need to 23 do. That's my recommendation. So I'd be happy to 24 answer any -- any other questions. 25 JUDGE KELLY: Frankly, we're -- we're quite 52 1 pleased to see you. You've come very highly 2 recommended. I've had a good visit with the Mayor. And 3 I look forward to Larry and you, your offices working 4 together. And if there's anything we can do to 5 facilitate to make things better for the citizens of 6 Kerr County, you let us know and we'll sit down and 7 discuss it. 8 CHIEF HAMILTON: Well, I -- I believe in 9 that, and it's a team, and I -- I believe strongly in a 10 strong relationship with the community and the other 11 agencies in the County. I appreciate the opportunity. 12 I don't anticipate -- some take five weeks. 13 I've been in -- you may have heard of Llano 14 and some issues they had a few years ago. I was there 15 nine months to help. And that was, again, like drinking 16 from a fire hose. But we got it leveled out. We hired 17 a retired lieutenant, a homicide lieutenant from Dallas 18 and it's running -- running smooth. 19 But I'd like to -- I need to get back to my 20 second job, which is the backup baby sitter for the -- 21 for my grandkids and my three grandsons, ages five, 22 three, and one and a half. And my wife's got them 23 today. And I'm also the feeder of the chickens and I 24 gather eggs in the evening. So thank you very much. 25 JUDGE KELLY: My door's open if you need 53 1 anything. 2 CHIEF HAMILTON: Thank you, sir. 3 JUDGE KELLY: Thank you. That's a relief. 4 COMMISSIONER LETZ: Yeah. Good thing. 5 JUDGE KELLY: Item 1.14 discussion of 6 current Kerr County Subdivision Rules and Regulations 7 regarding lot size and water requirements. Commissioner 8 Letz. 9 COMMISSIONER LETZ: I put this on the agenda 10 after visiting with a couple of other people in the 11 community, and also in light of some actions taken by 12 Headwaters recently to increase the lot size for 13 drilling a well in the eastern part of the County. 14 And I just want to make it -- you know, and 15 at the same time we have some items on the agenda today 16 and we probably will have in the next couple of months, 17 that are in conflict potentially with those new rules. 18 You know, in overview, Headwaters deals with water. We 19 deal with development. And there's certainly an 20 interaction and we have always worked and I think we'll 21 continue to work very closely to have the two rules very 22 much in sync, which is easier. 23 But at the moment, they are a little bit out 24 of sync. We -- our rules, and they're not going to 25 change probably for the next two months or so, require 54 1 for a minimum lot size of seven -- of five acres. We 2 have to approve those. We don't really have an option. 3 I visited with the County Attorney. 4 You know, our rules -- we have to approve a 5 subdivision that comes through. If they're in that new 6 area where Headwaters requires seven acres, there's 7 obviously a conflict there. Hopefully, these developers 8 will go and work with Headwaters, too. But you know, we 9 can't control that part of it. 10 So I just wanted to be clear that there's a 11 little bit of an issue there. I would strongly 12 recommend that any developers, before they come before 13 us with a plat, you go to Headwaters and talk about 14 water. There's some recent ones that have come up that 15 I've been involved with and that's what we said. And I 16 said talk to Headwaters, because you know, we have no 17 control over water at the county -- in the 18 Commissioners' Court. 19 I just want to make that clear because there 20 is going to be a little bit of a conflict for probably a 21 couple months and hopefully that can be -- that will be 22 worked out in our new rules. 23 The other thing is, just a philosophy that 24 seems to be going a little bit by the wayside. When we 25 wrote our current rules, the feeling was that from a 55 1 water standpoint alone, developments or homes on a 2 public water system were probably better than individual 3 wells drilled on lots. 4 I'm talking -- not ranches, I'm talking 5 about, you know, five acres, seven acres, whatever, ten 6 acres. And the reason is, you know, and I wrote it down 7 is that, you know, if you're on a public water system 8 going under the current Headwaters rules, it comes out 9 to 432 gallons per day per connection. And it comes out 10 to 157,000 gallons per year. That water use is metered. 11 Consumer pays for it which, you know, most people will, 12 you know, be concerned about that. 13 During a drought there's water restrictions 14 that are imposed by the water utility. And the wells 15 are monitored by TCEQ and Headwaters. If you go with an 16 individual exempt well, like most of these wells are 17 that are drilled in these small subdivisions, they can 18 use up to 24,480 gallons per day, based on the exempt 19 requirements, and that comes up to a little over -- 20 almost nine million gallons a year. 21 Now, very few, hopefully none, use that 22 much. They use a fraction of it. Maybe ten percent of 23 it. Whatever the amount. But the -- but the issue is 24 they are probably using more water on average than these 25 smaller lots on water systems. 56 1 Another thing that comes up with that, that 2 water use is not metered coming out of that -- up to the 3 nine million gallons anyway. After the well is drilled, 4 there's no cost of that water. So it's really not a 5 real strong incentive to conserve. During a drought, 6 they're on an honor system. And there's really no well 7 monitoring. It's just done by the individual. So based 8 on that, the Court came up with a -- what's called a 9 high density development area that we were encouraging 10 people, you know primarily in the Center Point area, the 11 Comfort area, and the Ingram area, you know, like get a 12 little bit of incentive to hook up to a water system or 13 start your own water system. Because that was, from a 14 water standpoint alone, was probably the best way to go. 15 I don't know that our -- you know, we're 16 rewriting our rules now. And I'm just bringing this up 17 really so we'll be thinking about this. State law 18 changed. Interpretation of state law has changed. And 19 we can't talk about lot sizes up here anymore. So all 20 of a sudden this becomes -- area has become a lot grayer 21 from what we can do as a County. 22 Headwaters, you know, their rules are their 23 rules. And they're in charge with water and I'm totally 24 in support of that. But I think it's something that we 25 need to think about. We're going through -- the public 57 1 water systems are not bad; they're good. They use less 2 water overall. And I think that we all need to remember 3 that. 4 I don't know if we can incorporate it in our 5 new rules or not. I talked to Gene Williams about that. 6 In fact, he agrees with what I'm saying but how they do 7 it, you know, is a little bit difficult, too. 8 So I'm just bringing it up as an issue. And 9 I did an example, just -- I used 140 acre development 10 potential water use and I did it 140 acres because 11 that's -- I can do the math easier there. Simple minds 12 here. 13 You know, if you have individual wells, so 14 they're on seven acres, you have 20 lots. If you have 15 five acre lot sizes, you're at 28 lots. You're going to 16 use potentially up to 400 -- almost 490,000 gallons per 17 day to 685,000 gallons a day. That's the amount that's 18 allocated. Doesn't mean they're going to use it. They 19 probably won't, but that's how much is allocated. 20 If you're on a public water system at the 21 same acreage, then you go with the current rules that we 22 have, that would be 70 lots, and that's 30,240 gallons a 23 day. I mean, any way you look at it, going on a public 24 water system, you're going to use less water per 25 connection probably per day. And it's something to 58 1 remember. 2 And I just brought it up today just to -- 3 we're continuing to work on subdivision rules. The -- 4 ones that changed with Headwaters, which does impact 5 what we're going to look at probably today later on, and 6 other -- and this -- you know, we need to continue to 7 work with developers especially, need to work with 8 Headwaters. Because if we approve a plat over here, it 9 doesn't mean that they're going to get the water and 10 those individuals are not going to get the well permits 11 potentially on five acre lot sizes. 12 COMMISSIONER BELEW: Well, I don't see why 13 we can't do with this what we just discussed with the 14 IRS. It's subject to, and we went down this road. We 15 got real close to saying what we do is subject to what 16 Headwaters Groundwater allows. And we can have regions 17 in the County where it's in compliance with what 18 Headwaters says or recommended, or not just recommended, 19 but requires. 20 Our -- we can follow along with that the 21 same as we -- our policy can be the same with that like 22 the IRS thing which we discussed earlier. So that in a 23 certain region, whatever they -- west Kerr County could 24 change easily in the future, too. So let it be 25 reflective of what Headwaters says. That would be my 59 1 recommendation on it. Keep it simple. And then 2 somebody doesn't say well, I got approved for this and 3 now you've got to go talk to them or not approved. But 4 I've sat down, we've got all of our lot sizes figured 5 out at 5.1 acres. Now you're coming here and they're 6 going to seven. And that changes -- that ripple effect 7 later on, when you're going to convey property to family 8 members and all these other things that we see in here. 9 So I would say, we don't have to be -- that 10 we should stay as close to lock steps with Headwaters as 11 we possibly can. Just to eliminate confusion, expense, 12 aggravation with taxpayers in the future. And I don't 13 see why we can't have regions. They have regions. We 14 should -- we should stick with them. We got really 15 close to just saying whatever they say, that's the -- 16 the rule. 17 COMMISSIONER LETZ: My purpose is not to 18 talk about our current rules. Because those are done in 19 Executive Session. 20 COMMISSIONER BELEW: I know that. 21 COMMISSIONER LETZ: This is -- I'm just 22 trying to bring up -- 23 COMMISSIONER BELEW: I think everybody here 24 knows and we've talked about this openly, that we were 25 going to follow along with basically Headwaters, so it 60 1 eliminates confusion. 2 COMMISSIONER LETZ: Right. 3 COMMISSIONER BELEW: And I'm not trying to 4 talk out of -- out of turn. 5 JUDGE KELLY: I'd like to weigh in. I think 6 it's important that the public -- I'm looking at a 7 couple of board members over here from Headwaters. 8 They're friends. I want to clarify so the public 9 understands how we work together. 10 We're a little bit like the branches of the 11 armed forces. One's the Army and one's the Navy. But 12 we're both -- are representing the same people. And 13 we're on the same team. But they have -- we -- what we 14 do as a County is we do platting. That's a function 15 that we perform. What they do is permitting. They 16 permit the water wells to drill. Permits to drill the 17 wells, and how much water you can withdraw from those 18 wells. Everything that we do is dependent upon water 19 availability. 20 It may be unsaid, but it is the reality of 21 existence in Texas today. We can't develop -- no need 22 to develop a subdivision if you don't have the water to 23 be able to service it. And so one of the things that we 24 talk about in the process of revising our rules, and 25 we're actively -- we're probably about a year into the 61 1 revision process, getting ready to -- hopefully to get 2 them finalized here within the next couple of months. 3 And we've worked closely with Headwaters on it, so the 4 right hand knows what the left hand is doing, you know. 5 If you're going to send the Navy one 6 direction and the Army the other direction, you're not 7 going to win the battle. So we have to coordinate. And 8 that's what we're really trying to do here. And all of 9 this stuff, wile we were in the process of trying to 10 revise the rules, Headwaters revised some of their 11 rules. And that's fine. 12 And one of the things we've been talking 13 about in our revised rules is we want to get Headwaters 14 to sign off on the platting process, so that they're 15 aware of what we're doing. And be little bit more 16 transparent with each other. And as far as our platting 17 goes, we're telling developers -- I've got engineers 18 sitting in the back of the room that we'll talk about 19 this later this morning, you need to go talk to 20 Headwaters. We don't control that permitting. We just 21 control the platting. And so that's what we're trying 22 to clarify. So this is really an information point so 23 that they know what we're doing, we understand what 24 they're doing, the public understands how we're working 25 together trying to benefit the citizens of Kerr County. 62 1 So welcome. 2 Do we have any other discussion on this one? 3 COMMISSIONER HARRIS: No. I think it's been 4 said. 5 JUDGE KELLY: Okay. Well, I've got them on 6 my speed dial, so -- 7 We'll move on to the next item, which is 8 Item 1.15 public hearing for a revision of plat for 9 R.H. Ranch Lot 9. 10 This is a public hearing and I'm convening 11 it. Is there anyone here that would like to speak on 12 Item 1.15, which is a public hearing for the R.H. Ranch 13 Lot 9 plat revision? 14 MR. HASTINGS: Judge, before anyone speaks, 15 just a point of clarification. When this item was 16 originally brought to us and we asked for the public 17 hearing to be set, if you look at our memo that we have 18 in here it reflects that there's only two lots that 19 they're proposing, but they actually are proposing 20 three, so three lots. They're proposing Lot 9A would be 21 12.62 acres, Lot 9B would be 12.61 acres, and Lot 9C 22 will be 25.17 acres. Frontage on all three of the lots 23 still remains on Byas Springs Road. 24 I just wanted to clarify that, that it did 25 change from the first -- the original submittal, which 63 1 was in compliance with our regulations, and now this 2 second submittal still in compliance with the 3 regulations. Very large lots. Shouldn't be any issues. 4 But I just wanted to clarify that. That is what the 5 application is right now. 6 JUDGE KELLY: Then who would like to address 7 the Court in this public meeting? There being none, 8 then we will adjourn the public meeting and to move on 9 to Item 1.16, which is a public hearing for revision of 10 plat for Falling Water Lots 102 and 103. 11 Is there anyone that would like to address 12 the Court with regard to the revision of plat for 13 Falling Water Lots 102 and 103? 14 There being none, then we will adjourn that 15 public meeting and move on to Item 1.17 consider, 16 discuss and take appropriate action for the Court to 17 approve a revision of plat for Falling Water, Lots 102 18 and 103. Mr. Hastings. 19 MR. HASTINGS: Thank you, Judge. This 20 proposal combines Lot 102, currently 3.14 acres, and 21 Lot 103, currently 6.47 acres, into Lot 102R, 9.61 22 acres. The road frontage will remain on Stieler Springs 23 Lane. 24 The County Engineer requests the Court 25 approve a revision of plat for Falling Water Lots 102 64 1 and 103, Volume 7, Pages 75 through 76, Precinct 3. 2 COMMISSIONER LETZ: I move for approval. 3 But it's Stieler. 4 COMMISSIONER BELEW: Second. 5 MR. HASTINGS: Thank you for -- I wasn't 6 sure how to pronounce that. 7 JUDGE KELLY: Stieler? 8 COMMISSIONER LETZ: Stieler. 9 MR. HASTINGS: Stieler. 10 MRS. DOWDY: Who was the second? 11 JUDGE KELLY: Who was the second on that? 12 COMMISSIONER BELEW: Me. 13 JUDGE KELLY: Harley. 14 We have a motion and a second. Any 15 discussion? There being none -- 16 COMMISSIONER LETZ: Wait. Is there -- is 17 there a second? 18 COMMISSIONER BELEW: No, I seconded. You're 19 keeping -- 20 COMMISSIONER LETZ: Okay. I thought that -- 21 JUDGE KELLY: No, you were -- 22 COMMISSIONER LETZ: I was thinking about 23 Stieler. 24 JUDGE KELLY: Right? 25 COMMISSIONER BELEW: Yeah. 65 1 JUDGE KELLY: Okay. You seconded. We're 2 legal. We're having a discussion. 3 COMMISSIONER LETZ: I'm thinking about 4 Adolph. 5 COMMISSIONER BELEW: I was, too. I didn't 6 even hear what he called it. I was looking at the map. 7 JUDGE KELLY: Okay. Back on track. Any 8 discussion on this topic? Then those in favor raise 9 your hand. Unanimous, five zero. 10 Moving on to Item 1.18 consider, discuss and 11 take appropriate action to set a public hearing for 12 August 8, 2022 at 10 a.m. to consider a petition to 13 abandon, vacate and discontinue an approximately 14 900-foot portion of Stewart Junkin Road. Said road to 15 be replaced with a different alignment approximately 150 16 feet east of its current intersection with River Road in 17 Precinct 4. Mr. Hastings. 18 MR. HASTINGS: Attached is a petition 19 prepared for Lee and Jan Leaman requesting the Court 20 abandon, vacate and discontinue an approximately 21 900-foot portion of Stewart Junkin Road, said road to be 22 replaced with a different alignment approximately 150 23 feet east of its current intersection with River Road as 24 depicted in Exhibits A and B in that petition. 25 According to Texas statutes, the Court may 66 1 order public roads laid out, discontinued, closed, 2 abandoned, vacated or altered. The statute defines the 3 relevant terms that we're talking about here: 4 Abandon is to relinquish the public's 5 right-of-way in and use of the road. 6 Vacate is to terminate the existence of the 7 road by direction -- direct action of the Commissioners' 8 Court of the County, and Discontinue, to discontinue the 9 maintenance of the road. 10 The statute defines the process to abandon, 11 vacate and discontinue as follows: 12 Number 1, prepare a petition with 8 13 signatures from people who live in the precinct. The 14 petition must show the limits of the road that is to be 15 abandoned and discontinued. The petition must be posted 16 at both ends of the subject portion of the road, as well 17 as the courthouse, for a minimum of 20 days prior to the 18 public hearing. 19 Number 2, a public hearing is required 20 before the Commissioners' Court can consider the 21 petition, and Number 3, follow -- following the public 22 hearing, the Commissioners' Court may consider and take 23 action on the subject request. 24 So this is a process for this. Today we're 25 here before the Court presenting that petition and 67 1 asking that a public hearing be set. 2 The County Engineer recommends that the 3 Court set a public hearing for August the 8th, 2022 at 4 10 a.m. to consider a petition to abandon, vacate and 5 discontinue an approximately 900-foot portion of Stewart 6 Junkin Road, said road to be replaced with a different 7 alignment approximately 150 feet east of its current 8 intersection with River Road. This is Precinct 4. 9 COMMISSIONER HARRIS: I move for approval. 10 COMMISSIONER LETZ: Second. 11 JUDGE KELLY: Got a motion and a second to 12 approve the petition to abandon, vacate -- to set a 13 public hearing based on the petition to abandon, vacate 14 and discontinue the -- that 900-foot portion of Stewart 15 Junkin Road. Any discussion? 16 COMMISSIONER GIPSON: Charlie, all the -- 17 the construction costs of all this is private and it 18 results in a public road? 19 MR. HASTINGS: Yes, sir. 20 COMMISSIONER GIPSON: Okay. 21 MR. HASTINGS: Yes, sir. 22 JUDGE KELLY: Any discussion? Those in 23 favor raise your hand. Unanimous. 24 Moving on to Item 1.19 consider, discuss and 25 take appropriate action for the Court to set a public 68 1 hearing for 10 a.m. on August the 8th for revision of 2 plat for Post Oak Estates Lot 7, and Water Works Lot. 3 Charlie Hastings. 4 MR. HASTINGS: This proposal combines Lot 7, 5 currently 0.6 acres, and the adjacent Water Works Lot, 6 currently 0.17 acres. The road frontage will remain on 7 Goat Creek Cut-Off. The existing lot is 0.6 acres. 8 This property is in Kerrville's ETJ, and it 9 will require approval from both Kerr County and the City 10 of Kerrville. 11 The County Engineer requests the Court set a 12 public hearing for 10 a.m. on August the 8th, 2022 for a 13 revision of plat for Post Oak Estates Lot 7 and Water 14 Works Lot, Volume 3, Page 47, Precinct 4. 15 I have been in communication with Aqua 16 Texas, they're the water provider there, and made sure 17 that they got a copy of this plat. They should have it 18 already from the routing slip. But to bring to light, 19 there's a lot on here that's labeled as Water Works Lot, 20 and I believe the issue is that there is a well on 21 there, a tank, and it's private, and the pump keeps 22 burning up, and so he's already connected to Aqua Texas. 23 But Aqua Texas, and anyone else, has a right to look at 24 this, and we need a public hearing so we can flush that 25 out in case somebody has rights to that lot before this 69 1 happens. 2 JUDGE KELLY: Okay. 3 COMMISSIONER HARRIS: I move for approval. 4 COMMISSIONER BELEW: Second. 5 JUDGE KELLY: Got a motion and a second to 6 set a public hearing for 10 a.m. on August the 8th for a 7 revision of plat for Post Oak Estates Lot 7 and Water 8 Works Lot. Any discussion? 9 COMMISSIONER LETZ: Yes, a question. 10 Charlie -- 11 MR. HASTINGS: Yes, sir. 12 COMMISSIONER LETZ: -- what is the -- is the 13 right-of-way issue or why is this not -- why are we not 14 just waiving our authority and giving it to the City of 15 Kerrville? Why are we -- why are we going through both 16 systems? 17 MR. HASTINGS: We maintain Goat Creek 18 Cut-Off Road and we will need some -- a little bit of 19 right-of-way dedicated to get it up to our standards. 20 COMMISSIONER LETZ: That's what I thought 21 but I just wanted to mention it. Thank you. 22 JUDGE KELLY: Okay. Any other discussion? 23 Those in favor raise your hand. Unanimous. 24 Moving on to Item 1.20 consider, discuss and 25 take appropriate action for the Court to set a public 70 1 hearing for 10 a.m. on August the 8th, 2022 for a 2 revision of plat for the Reserve at Falling Water Lots 3 31R1 and 31R2. Mr. Hastings. 4 MR. HASTINGS: This proposal combines Lots 5 31R1 and 31R2, which are currently 6.2 acres each, and 6 they would combine them into Lot 31R3. That's revision 7 3, 12.4 acres. Road frontage will remain on Painted 8 Sky. 9 The County Engineer requests the Court set a 10 public hearing for 10 a.m. on August the 8th, 2022 for a 11 revision of plat for the Reserve at Falling Water Lots 12 31R1, 31R2, Plat File 18-06888, Precinct 3. 13 COMMISSIONER LETZ: Move for approval. 14 COMMISSIONER BELEW: Second. 15 JUDGE KELLY: A motion and a second to set a 16 public hearing for August the 8th at 10 a.m. for 17 revision of plat for Falling -- Reserve at Falling 18 Water, Lots 31R1 and 31R2. Any discussion? Lots of 19 public meetings. Those in favor raise your hand. 20 Unanimous. 21 Next, Item 1.21 consider, discuss and take 22 appropriate action for the Court to conditionally 23 approve a final plat for Steel Creek Estates subject to 24 submittal of a satisfactory performance financial 25 guarantee and placement of a note on the plat regarding 71 1 water availability. Charlie Hastings. 2 MR. HASTINGS: Thank you, Judge. 3 I have Mike Wellborn here, who's 4 representing the developer for this subdivision. And he 5 just visited with me just a few moments ago and he 6 wanted to ask that this item be pulled. Can you -- 7 MR. WELLBORN: Sure. Mike Wellborn, 631 8 Water Street, Kerrville, Texas. So I just talked with 9 the developer. He's been out of town since this whole 10 preliminary plat was presented to you. He just got back 11 and I talked to him on the way over here. And so we're 12 going to ask to pull this plat and visit with Headwaters 13 to see if there's options going five acres, or if we 14 need to modify to the seven acres. Pretty much the 15 plans will stay the same either scenario, but the lot 16 sizes may differ. 17 JUDGE KELLY: Well, and we think that's very 18 prudent and we appreciate what you're doing. It's not 19 lost on us that you're trying to follow the rules here 20 and do this the right way. We're trying to get -- like 21 I said, we're trying to get our Army and our Navy to 22 coordinate here. Let's get it done. 23 MR. WELLBORN: Yes, sir. We've actually 24 already started submitting stuff to Headwaters for us 25 for something back. Just kind of like to know what the 72 1 process is. We haven't defined it yet, whether -- who 2 the exact person is to submit it to and what we need to 3 move forward. 4 JUDGE KELLY: I think you know and -- and 5 the fellow engineers know, that we are going to require 6 that y'all comply with whatever the rules are. 7 MR. WELLBORN: That would be -- I agree. 8 JUDGE KELLY: It's not our rules. 9 MR. WELLBORN: Yes, sir. 10 JUDGE KELLY: Very good. 11 MR. WELLBORN: Thank you. 12 COMMISSIONER HARRIS: Appreciate ya. 13 JUDGE KELLY: Thank you. 14 Okay. Let's move over to the Information 15 Agenda. 3.1 is the status reports from department 16 heads. 17 There being none, we'll move on to 3.2 18 status reports from elected officials. Sheriff. 19 SHERIFF LEITHA: I just wanted to share with 20 the Court and you, Judge, I know you've been involved 21 with different events with Mercy Gate Ministries. The 22 Sheriff's Office, Kerrville Police Department, Ingram 23 Police Department participated in a fundraiser, the Guns 24 and Hoses football game Friday. Just wanted to let 25 y'all know and the public know we raised over $15,000. 73 1 And the good news is the Guns won. The police won. 2 So that's one of the reasons I came up here. 3 But anyway, it was a real good event and to a good 4 cause. 5 JUDGE KELLY: Very good. Always good to see 6 the teams work together. 7 Any other elected officials? 8 Okay. Moving on to 3.3, which is the status 9 reports from Liaison Commissioners. Anything? 10 I think we've beat the fireworks to death. 11 Everybody knows to be careful. Right? 12 Okay. Executive Session. Do we have 13 anything in Executive Session we need to cover today? 14 MRS. STEBBINS: Yes, sir. 15 JUDGE KELLY: Okay. We'll take a 16 five-minute break and then we'll reconvene in Executive 17 Session. 18 (Break.) 19 JUDGE KELLY: Okay. It is 1:23. We have no 20 further business. We're adjourned. 21 * * * * * * 22 23 24 25 74 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 9th 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