1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Special Session 5 August 29 & 30, 2022 6 9:00 a.m. & 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 1.1 Consider, discuss and take appropriate 5 action regarding the proposed budget of 4 the dedicated Fund 41, specifically regarding the proposed Archive Specialist 5 position. 6 1.2 Consider, discuss and take appropriate 6 action regarding any changes to the proposed 7 Kerr County budget for FY 2022-2023. 8 1.3 Public hearing on proposed Kerr County 7 Budget for FY 2022-2023. 9 1.4 Consider, discuss and take appropriate 9 10 action to adopt the FY 2022-2023 Kerr County Budget and take a record vote. 11 1.5 Consider, discuss and take appropriate 10 12 action to take a record vote on the proposed 2022 Kerr County tax rate. This will be a 13 combined tax rate for Kerr County and Lateral Roads. 14 1.6 Consider, discuss and take appropriate 13 15 action to set the date and time to hold a public hearing for the 2022 tax rate for 16 Kerr County and Lateral Roads. 17 1.7 Consider, discuss and take appropriate 13 action to set the date and time for adoption 18 of the 2022 tax rate for Kerr County and Lateral Roads. 19 1.8 Consider, discuss and take appropriate 15 20 action to take a record vote on the proposed 2022 Lake Ingram Estates Road District tax 21 rate. 22 1.9 Consider, discuss and take appropriate 16 action to set the date and time to hold a 23 public hearing for the 2022 tax rate for Lake Ingram Estates Road District. 24 25 3 1 I-N-D-E-X 2 NO. PAGE 3 1.10 Consider, discuss and take appropriate 17 action to set the date and time for 4 adoption of the 2022 tax rate for Lake Ingram Estates Road District. 5 1.11 Consider, discuss and take appropriate 18 6 action on requests from appointed and elected officials to appoint clerks and 7 assistants for their offices pursuant to Local Government Code Chapter 151. 8 1.12 Consider, discuss and take appropriate 19 9 action to approve the FY 2022-2023 Kerr County wage adjustment. 10 1.13 Consider, discuss and take appropriate 19 11 action to approve the grade and step schedule for FY 2022-2023. 12 1.14 Consider, discuss and take appropriate 33 13 action to approve Resolution to submit FY-23 Operation Lone Star grant application 14 along with supporting documentation, including a letter of support or MOU with a 15 border county. 16 1.15 Consider, discuss and take appropriate 40 action regarding Resolution in support of 17 an Emergency Declaration due to the increased law enforcement and budget impact 18 as related to the border situation. 19 1.16 Passed. 20 1.17 Consider, discuss and take appropriate 71 action to approve alarm system monitoring 21 agreement with Beckwith Electronic Engineering for the Juvenile Detention Center alarm 22 system. 23 1.18 Consider, discuss and take appropriate 72 action to approve the installation of 24 flooring at the new West Kerr Annex Tax Office. 25 2.2 Pay Bills. 75 4 1 I-N-D-E-X 2 NO. PAGE 3 2.6 Court Orders. 76 4 3.3 Status reports from Liaison Commissioners. 76 5 4.2a Consider, discuss and take appropriate 79 action regarding wage issues for three 6 employees. 7 *** Overnight Recess. 80 8 1.16 Consider, discuss and take appropriate 82 action for a disaster declaration due to 9 the increased law enforcement need resulting from the border-related criminal activity in 10 Kerr County. 11 *** Adjournment. 85 12 *** Reporter's Certificate. 86 13 * * * * * * 14 15 16 17 18 19 20 21 22 23 24 25 5 1 JUDGE KELLY: Come to order. This is a 2 Special Commissioners' Court meeting on Monday, August 3 the 29th, at 9:00 o'clock a.m. Court is now in session. 4 It's a special meeting. 5 We'll move on to the Consideration Agenda. 6 Item 1.1 consider, discuss and take appropriate action 7 regarding the proposed budget of the dedicated Fund 41, 8 specifically regarding the proposed Archive Specialist 9 position. Miss Dowdy. 10 MRS. DOWDY: Good morning. This is just to 11 clarify with the Court that if in the event I had 12 somebody within my office need to transfer into that 13 position that their longevity, whatever their pay grade 14 would be, would also transfer with them. And I just 15 wanted to let y'all know that in the proposed budget for 16 Fund 41, I had only budgeted for a 15-1 because it is an 17 entry level position; however, with the policy -- this 18 County policy with the transfer, their longevity would 19 move into that fund as well, and I just wanted to 20 clarify with the Court and maybe seek a court order to 21 authorize a transfer if it was needed and that all of 22 their longevity would also transfer into that fund. 23 COMMISSIONER LETZ: And there's enough money 24 in that dedicated fund? 25 MRS. DOWDY: Yes, there is. And I believe 6 1 Tanya has told me that she has it in the proposed budget 2 at this time with enough to cover that -- a transfer. 3 COMMISSIONER LETZ: I'll make a motion that 4 if an employee is transferred into the new position that 5 it's to be funded by Fund 41 in the County Clerk's 6 office, that that employee keep their steps in such 7 transfer. 8 COMMISSIONER BELEW: Second. 9 JUDGE KELLY: We have a motion and a second. 10 Is there any discussion? 11 COMMISSIONER LETZ: Just as a clarification 12 and that is consistent with the current County policy. 13 JUDGE KELLY: No discussion? Those in favor 14 raise your hand. Unanimous, five zero. 15 MRS. DOWDY: Thank you. 16 JUDGE KELLY: Item 1.2 consider, discuss and 17 take appropriate action regarding any changes to 18 the proposed Kerr County budget for FY 2022-2023. 19 Ms. Shelton. 20 MRS. SHELTON: Yes. Since we met last, 21 there has been a few changes. So we reduced the PDO 22 contribution down to $292,000 roughly. We had it in 23 there at somewhere around $400,000. We also added 24 Department 459, moving for the magistrate position. We 25 did make it its own department and made it a full-time 7 1 position. So we added benefits that go along with the 2 full-time position, and some money for the training that 3 they might have. Just a little bit for office supplies. 4 So that was a change we made. 5 And then the District Judges, we went back 6 and showed the effect of them being partly paid by 7 Gillespie County and Bandera County. So all of that was 8 done in this past week. 9 JUDGE KELLY: Okay. Is this an information 10 item or is it an action item? 11 MRS. SHELTON: I believe it's just an 12 information item. Because you'll be looking at this 13 budget in -- after the hearing. 14 JUDGE KELLY: Okay. Thank you. 15 Item 1.3 public hearing on the proposed Kerr 16 County budget for FY 2022-2023. And I convene the 17 public hearing. Is there anyone who would like to speak 18 at this time? Ms. Hall. 19 MS. HALL: Good morning. Terri Hall with 20 We the People, Liberty in Action. I live on 118 21 Independence in Ingram. We definitely have concerns 22 with the way the budget is currently drafted. We feel 23 like it needs to be reworked and we need to rethink how 24 we approach it. 25 For instance, the West Kerr Annex is now 8 1 leasing a building from the School District and they're 2 able to do it for a dollar a year. We feel like that's 3 problem solved. We don't need that on a 4 multimillion-dollar bond that you've put on the ballot. 5 JUDGE KELLY: We're -- we're not talking 6 about the bond issue at this time. 7 MS. HALL: But it affects the bond, right? 8 If we could rework the budget to pay for that cash then 9 we wouldn't need the bond. That's what -- that's the 10 point I'm making. 11 And when you really look at the fact that 12 we're in a recession, that people are hurting, they're 13 barely hanging on, they can't sustain the government 14 spending. And the tax hike that's known as inflation 15 that happens every single day when the price of 16 everything we buy is going up, is out of control and 17 this is not the time to do that. 18 We need to rework this budget to address 19 just the emergency before us. Things like those 20 electrical repairs, the urgent needs on the roof leak. 21 We get all that. But if you rework the budget to pay 22 cash for that, we wouldn't need to be facing $25 million 23 in bonds in debt, which means more tax hikes down the 24 road. 25 So that's really what we wanted to say on 9 1 the budget for right now. Of course, the wage increase 2 is going to be later. 3 JUDGE KELLY: Anyone else want to speak? 4 UNIDENTIFIED VOICE: No. But we agree with 5 her. 6 JUDGE KELLY: Please don't interrupt the 7 Court decorum. This is a business meeting. 8 Okay. Moving on to Item 1.4 consider, 9 discuss and take appropriate action to adopt the 10 FY 2022-2023 Kerr County budget and take a record vote. 11 Miss Shelton. 12 MRS. SHELTON: Yes. So currently, with all 13 of the changes that we've done today, we are looking at 14 general fund being 38.12 percent, a fund balance at the 15 end of next year is what the projection is. 16 We have expenditures of all the general 17 funds of about $32 million and revenues of about 18 $32,000, $33,000. This is a no new revenue tax dollars. 19 It's -- it's what the budget was built on. 20 So we're not anticipating a tax increase 21 but, of course, that's y'all's decision. But this 22 budget does not have one in it. 23 At the end of the year for all funds, we're 24 looking at revenues of about 49 million. We're looking 25 at expenditures of about 52 million. And that would 10 1 make our net change the fund balance about 2.8 million 2 and that is negative. But at the end of the year, we're 3 projecting the fund balance will be around 15 million, 4 and that comes in with all funds for the County being at 5 28.6 for the fund balance. 6 JUDGE KELLY: Very well. Is there a motion 7 on the budget? 8 COMMISSIONER LETZ: I'll make a motion we 9 adopt the budget as presented. 10 COMMISSIONER HARRIS: Second. 11 JUDGE KELLY: Been a motion and a second to 12 adopt the budget as presented. This is a record vote. 13 So we'll do it collectively instead of individually. 14 First of all, Precinct 1. 15 COMMISSIONER BELEW: Yes. 16 JUDGE KELLY: Precinct 2. 17 COMMISSIONER GIPSON: Yes. 18 JUDGE KELLY: Precinct 3. 19 COMMISSIONER LETZ: Yes. 20 JUDGE KELLY: Precinct 4. 21 COMMISSIONER HARRIS: Yes. 22 JUDGE KELLY: And County Judge, yes. 23 Unanimous. Five zero. 24 Item 1.5 consider, discuss and take 25 appropriate action to take a record vote on the proposed 11 1 2022 Kerr County tax rate. This will be a combined tax 2 rate for Kerr County and Lateral Roads. Mr. Reeves. 3 MR. REEVES: Good morning, gentlemen. It's 4 my understanding through workshops that the Court 5 desires to adopt the no new revenue tax rate for the 6 2022 property taxes, the 2022-2023 budget year. A total 7 combined tax rate for 2022 would be .4051 per 100 8 dollars valuation. The breakdown of this rate would be 9 the maintenance and operations of .3372 per 100 dollar 10 valuation. The interest and sinking fund .0425 per $100 11 valuation, and the Lateral Road Fund of .0253 per $100 12 valuation. 13 This rate is the no new revenue rate. It 14 does not exceed the no new revenue rate. Should the 15 Court desire to adopt this, a record vote on this rate 16 should be taken. 17 COMMISSIONER HARRIS: I move for approval. 18 JUDGE KELLY: We've got a motion. Do we 19 have a second? 20 COMMISSIONER GIPSON: I'll second. 21 JUDGE KELLY: A motion and a second to 22 approve the no new tax revenue rate as presented by 23 Mr. Reeves. Any discussion? 24 COMMISSIONER LETZ: Judge, I'll make a 25 comment on this. I went to a conference in Austin last 12 1 week and there was a lot of discussion about this. One 2 of the interesting things, I never really looked at it 3 this way, but for an individual their taxes may or may 4 not go up. Just depends. Most of them will not be 5 substantial. 6 But as the County as a whole, the rate we're 7 adopting means that while appraisals are going up, your 8 taxes are not going up. Again, individuals may have a 9 slight variance. But overall as the County for 10 residential property owners, their taxes are not going 11 up which is the reason we're adopting the rate we are. 12 JUDGE KELLY: Well, the rationale behind the 13 no new tax revenue rate is to try to keep the income 14 that comes into the County the same. Despite what 15 happens with the crisis. 16 And Mr. Reeves, I believe that this is the 17 third consecutive year that we've adopted the no new tax 18 revenue rate. Is that correct. 19 MR. REEVES: I believe that's correct, 20 Judge. 21 JUDGE KELLY: And that means that for the 22 last three years we have reduced the tax rate on the 23 public. And my first year of office we kept it the 24 same. So there has been no increase in the last four 25 years. Any other discussion? This is a record vote. 13 1 We have to do it again. We'll go backwards this time. 2 Precinct 4. 3 COMMISSIONER HARRIS: Yes. 4 JUDGE KELLY: Three. 5 COMMISSIONER LETZ: Yes. 6 JUDGE KELLY: Two. 7 COMMISSIONER GIPSON: Yes. 8 JUDGE KELLY: One. 9 COMMISSIONER BELEW: Yes. 10 JUDGE KELLY: Yes. Unanimous, five zero. 11 Okay. Moving on to 1.6 consider, discuss 12 and take appropriate action to set the date and time to 13 hold a public hearing for the 2022 tax rate for Kerr 14 County and Lateral Roads. Mr. Reeves. 15 MR. REEVES: Yes, Judge. By the vote that 16 you just took, a public hearing will not be required 17 because we are not exceeding the no new tax revenue 18 rate. But if the Court would so desire to have one, I 19 would request a time and a date that you set. 20 JUDGE KELLY: If we don't need to do it, I'm 21 not interested in having an extra meeting. Anybody want 22 an extra meeting? 23 COMMISSIONER GIPSON: No. 24 JUDGE KELLY: Okay. Then we'll pass on that 25 one and move on to Item 1.7 Consider, discuss and take 14 1 appropriate action to set the date and time for the 2 adoption of the 2022 tax rate for Kerr County and 3 Lateral Roads. 4 MR. REEVES: Yes, sir. Gentlemen, I 5 respectfully request you set the time and the date that 6 you intend on adopting the tax rate that you just voted 7 on. This will be giving me the opportunity to publish 8 the required statutory notices. 9 JUDGE KELLY: All right. And -- 10 MR. REEVES: I believe Miss Shelton, is the 11 15th -- 12 MRS. SHELTON: At the next Commissioners 13 Court. 14 MR. REEVES: The next regular -- 15 MRS. SHELTON: Uh-huh. The 12th, I believe. 16 JUDGE KELLY: The 12th, I think it is. 17 MR. REEVES: Okay. The 12th. I've got a 18 bunch of these hearings going on so I stand corrected. 19 JUDGE KELLY: We do too. 20 MRS. SHELTON: Uh-huh. 21 COMMISSIONER LETZ: I'll make a motion that 22 we set the hearing on September 12th at 10:00 a.m. 23 JUDGE KELLY: Okay. And you second it? 24 COMMISSIONER BELEW: Second. 25 MRS. SHELTON: It's not -- I may have not 15 1 heard you right. This is for accepting the proposed -- 2 MR. REEVES: The actual adopt the rate. 3 COMMISSIONER LETZ: Okay. I apologize. 4 JUDGE KELLY: To adopt the tax rate. 5 MR. REEVES: Yeah. 6 COMMISSIONER LETZ: I make a motion to adopt 7 the tax rate at, what is it, September 12th at the 8 regular meeting. 9 COMMISSIONER BELEW: Second. 10 JUDGE KELLY: Is it going to be at 10:00 11 o'clock or 9:00 o'clock? Regular meeting? 12 COMMISSIONER LETZ: Regular meeting. 13 JUDGE KELLY: Okay. So we've got a motion 14 and a second to adopt the tax rate on September the 12th 15 at a regular meeting. Any discussion? There being no 16 discussion, this is not a record vote. So those in 17 favor raise your hand. Unanimous, five zero. 18 1.8 consider, discuss and take appropriate 19 action to take a record vote on the proposed 2022 Lake 20 Ingram Estates Road District tax rate. Mr. Reeves. 21 MR. REEVES: Yes, sir, Judge. The 2022 tax 22 rate to service the debt of the Lake Ingram Estates Road 23 District equates to .1335 per $100 valuation. The 24 entire tax rate is for the interest and sinking fund. 25 This rate does not exceed the no new revenue tax rate. 16 1 This will require a record vote as well. 2 COMMISSIONER LETZ: Make a motion that we 3 set the Lake Ingram Estates Road District tax rate at 4 .1335 per hundred dollar valuation as presented. 5 COMMISSIONER HARRIS: Second. 6 JUDGE KELLY: Got a motion and a second to 7 set the Lake Ingram Estates Road District tax rate as 8 presented. Any discussion? 9 COMMISSIONER LETZ: Record vote. 10 JUDGE KELLY: Record vote. But any 11 discussion? Okay. Then I'll jumble it up this time, 12 let's go with Precinct 2. 13 COMMISSIONER GIPSON: Yes. 14 JUDGE KELLY: Precinct 3. 15 COMMISSIONER LETZ: Yes. 16 JUDGE KELLY: Precinct 1. 17 COMMISSIONER BELEW: Yes. 18 JUDGE KELLY: Precinct 4. 19 COMMISSIONER HARRIS: Yes. 20 JUDGE KELLY: And yes for me. Everybody 21 gets a chance to be first. 22 In the Army we called that "Hey diddle, 23 diddle straight up the middle." 24 1.9 consider, discuss and take appropriate 25 action to set the date and time to hold a public hearing 17 1 for the 2022 tax rate for Lake Ingram Estates tax -- 2 Lake Ingram Estates Road District. Mr. Reeves. 3 MR. REEVES: Yes, sir. Since the rate 4 proposed does not exceed the no new revenue rate, a 5 public hearing would not be required. 6 JUDGE KELLY: So we'll pass on that and move 7 on to Item 1.10, which is to consider, discuss and take 8 appropriate action to set the date and time for adoption 9 of the 2022 tax rate for Lake Ingram Estates Road 10 District. 11 MR. REEVES: Yes, sir. Just as on the 12 previous agenda item, I would need the time and the date 13 in order for me to publish the required notices. 14 JUDGE KELLY: We did the last one on 15 September the 12th? 16 MR. REEVES: At 10:00 a.m. 17 JUDGE KELLY: At 10:00 a.m. for both of 18 them? We've got two for -- 19 COMMISSIONER BELEW: Well, we've got one at 20 10:00 a.m. and we've got to have this one in -- 21 COMMISSIONER LETZ: 10:05. 22 JUDGE KELLY: Okay. 23 COMMISSIONER LETZ: I'll make a motion to 24 set the hearing for September 12th at 10:05. 25 COMMISSIONER BELEW: Second. 18 1 JUDGE KELLY: A motion and a second. Any 2 discussion? This does not require a record vote. So 3 those in favor raise your hand. Unanimous, five zero. 4 Item 1.11 consider, discuss and take 5 appropriate action on the -- 6 MR. REEVES: Thank you. 7 JUDGE KELLY: Thank you, Mr. Reeves. 8 1.11 is consider, discuss and take 9 appropriate action on the request from appointed and 10 elected officials to appoint clerks and assistants for 11 their offices pursuant to Local Government Code. 12 And I put this on the agenda because we have 13 to do this every year so that the Department Heads and 14 Elected Officials can appoint their assistants. 15 COMMISSIONER HARRIS: I move for approval. 16 COMMISSIONER BELEW: Second. 17 JUDGE KELLY: A motion and a second. Any 18 discussion? 19 COMMISSIONER GIPSON: Unless I'm mistaken, 20 I'm seeing a duplicate. Just make a note of it. If I'm 21 incorrect, there's two of them for the 216th -- 22 MRS. DOWDY: What? 23 COMMISSIONER GIPSON: Just to make sure you 24 don't duplicate it, that's all. 216th Assistant 25 Attorney, there's two of them. Is there a need for two 19 1 of them or -- 2 JUDGE KELLY: No. If it's a duplicate, 3 it's -- 4 COMMISSIONER GIPSON: Okay. 5 JUDGE KELLY: Those in favor raise your 6 hand. Unanimous. 7 Item 1.12 consider, discuss and take 8 appropriate action to approve the FY 2022-2023 Kerr 9 County wage adjustment. Ms. Hernandez. 10 MS. HERNANDEZ: Good morning. I do have the 11 position schedule for you all. And on the position 12 schedule, I worked closely with the Auditor as to all 13 the positions and for budget reasons and wages and all 14 the requests that were brought in. I came in midstream 15 in all of this, and we made sure that we captured 16 everything that was discussed. 17 COMMISSIONER LETZ: And this includes -- the 18 position schedule, the step and grade is 1.13. And this 19 includes the five percent across the board -- 20 MS. HERNANDEZ: That is correct. 21 COMMISSIONER LETZ: -- for all employees? 22 Okay. Judge, I don't think there's any action on that 23 item. The action would be on accepting the position 24 schedule, I believe, on 1.13. 25 JUDGE KELLY: Okay. Then we can take that 20 1 as informational and move on to 1.13, which is consider, 2 discuss and take appropriate action to approve the grade 3 and step schedule for FY 2022-2023. And that's what 4 you've presented here; is that correct? 5 MS. HERNANDEZ: That is the position 6 schedule. The grade and step is this one here. 7 (Passing paperwork to the Court.) 8 JUDGE KELLY: Okay. 9 MRS. STEBBINS: So you might want to take 10 action to approve both of those items. Uh-huh. 11 COMMISSIONER BELEW: You know what, Rosa. I 12 was going to brag on you for printing both sides of the 13 paper and saving us -- 14 MS. HERNANDEZ: Sorry. 15 COMMISSIONER BELEW: -- but this thing here, 16 I can't even read. So I'm -- I'm going to fuss at you 17 for that. 18 MS. HERNANDEZ: Well, our printer has a 19 funny thing with that because it jams because it's so 20 long. So -- 21 COMMISSIONER BELEW: Well, you could have 22 saved this paper, too. 23 COMMISSIONER HARRIS: Harley, welcome to my 24 world. 25 JUDGE KELLY: Okay. So we need a motion 21 1 to -- whether we accept the wage adjustment, which is 2 this document, and another motion to accept the step and 3 grade, which is this document. 4 COMMISSIONER LETZ: I move for approval of 5 both. 6 COMMISSIONER GIPSON: Second. 7 JUDGE KELLY: Both? 8 COMMISSIONER GIPSON: Yes. 9 JUDGE KELLY: We've got a motion and second 10 to approve both as presented. Is there any discussion? 11 MRS. DOWDY: Will this be under one Court 12 Order then? 13 COMMISSIONER LETZ: Yes. 14 MRS. DOWDY: I just wanted to clarify that. 15 COMMISSIONER BELEW: As per the County 16 Attorney. 17 JUDGE KELLY: Ms. Hall, you asked to speak 18 on Item 1.12; is that correct? Go to the podium. 19 MS. HALL: Good morning again. Terri Hall 20 with We the People, Liberty in Action. And I live on 21 118 Independence in Ingram. 22 Few things chap the public more than when 23 the public officials vote themselves pay raises, 24 particularly in the middle of a recession. We the 25 people don't get to vote ourselves pay increases. We 22 1 have to earn them, first of all. And we do understand 2 the times we're living in with inflation what it is. 3 But what we specifically asked for was just for the 4 Sheriff's Department. 5 And we love our County employees. I'm 6 certainly not trying to denigrate any of our County 7 employees; however, our County cannot function without 8 our public safety officers, especially when we're in the 9 middle of what can only be described as an invasion at 10 the border that is spilling over into our county. 11 Public protection and Public Safety is 12 Number 1. Even with my own self-protection that I carry 13 around, that's not going to be enough to stop drug 14 runners and human traffickers and all of the things that 15 we're seeing in our county right now. 16 JUDGE KELLY: Ms. Hall, if you would 17 restrict your remarks to the items that are called on 18 the agenda? 19 MS. HALL: Right. We're asking you to just 20 give pay increases to the Sheriff's Department, not an 21 across-the-board pay increase for everyone in the 22 county, including yourself. We feel like that's a slap 23 in the face for constituents. We -- to vote yourself 24 pay raises in the middle of a recession when we're all 25 hurting. Because your pay raises means it comes out of 23 1 our pockets. We have to pay for that. And we're asking 2 you not to do it. 3 You work for us, not the other way around. 4 That's the bottom line. And we voted for fiscal 5 conservatives when we voted for every single one of you. 6 And I just want to say that we can't sustain this 7 endless government growth. We cannot sustain it. 8 Especially with where we're at economically right now. 9 We all hope we're going to change that corner here soon 10 with some elections coming up. But please respect that 11 your constituents are asking for, be that fiscal 12 conservative. Don't vote yourself pay increases in the 13 middle of a recession. We just want to take care of our 14 Sheriff's Department. Thank you. 15 COMMISSIONER LETZ: Judge, if I can make a 16 clarification. I'm not sure if it's for the Sheriff's 17 Department. But elected officials, we are not -- well, 18 we used to do it where pay raises were voted and cost of 19 living adjustments were made, which is essentially what 20 we're doing this year, were made. But commissioners -- 21 or commissioners hardly ever took them. Some of the 22 elected officials did or didn't. 23 And then it was challenged by one year that 24 we didn't give the other elected officials pay raises. 25 It was challenged by the Attorney General, I believe. 24 1 And the Attorney General ruled that if the County gives 2 a cost of living adjustment across the board, it has to 3 give it to every elected official as well. So it's not 4 an option that we can just say every -- you know, 5 employees are going to get a pay raise, but we're not or 6 certain elected officials are not. Elected officials 7 have to be treated the same as everybody else. 8 So yes, we're giving ourselves a raise, but 9 the only way we can give all employees a cost of living 10 adjustment is also to give ourselves a raise. And 11 that's according to the Attorney General of the State as 12 to why it's done that way. 13 JUDGE KELLY: Any other discussion? 14 MS. FERGUSON: I signed up for 1.12. 15 JUDGE KELLY: Okay. You're Ms. Ferguson, 16 right? 17 MS. FERGUSON: Yes. 18 JUDGE KELLY: You may speak. 19 MS. FERGUSON: Thank you, gentlemen. Judge. 20 This -- like Ms. Hall said, across the board five 21 percent pay increase for all county employees, given 22 what we've been through the last couple of years and 23 recession now is irritating at the least to the public. 24 And I would also report that we give those pay raises to 25 our law enforcement. We'd like to see the Sheriff's 25 1 Department be given those raises and there's no reason 2 for it to be an across the board. Very few people, 3 except government employees all across the nation -- 4 JUDGE KELLY: Excuse me, Miss Ferguson. I 5 believe you just heard from Commissioner Letz that it's 6 illegal if we don't do that. 7 MS. FERGUSON: I'm asking you not to give 8 across the board raises. You can choose not to give an 9 across the board raise. 10 JUDGE KELLY: But the Attorney General says 11 it's across the board or none. Did I misunderstand? 12 MS. FERGUSON: Yes. 13 COMMISSIONER LETZ: If we give a cost of 14 living adjustment, it's across the board. 15 JUDGE KELLY: Right. 16 MS. FERGUSON: Right. But you do not have 17 to give a cost of living adjustment. You can choose to 18 do this differently and give raises only to specific 19 areas. That's a choice you have. And that's what I'm 20 asking you to do. I'm asking you to choose to give to 21 our law enforcement and to refrain from giving across 22 the board raises to every single government employee. 23 Very few places are giving across the board raises to 24 all their employees except government. And the people 25 pay for that. We all are paying for that. And we're 26 1 asking you not to do it. It's obnoxious. Thank you. 2 UNIDENTIFIED SPEAKER: Merit raises. 3 COMMISSIONER BELEW: Yeah, we can't do that 4 either. How many here run a business or have run a 5 business? How important is morale to that business? 6 Pretty darn important. How important is it to keep one 7 group, Road & Bridge, from being angry with Clerk's 8 office? It's gotta -- everybody's gotta run together. 9 If you started dividing this up and it 10 starts harming the overall morale and the productivity 11 of the County. This is not a thing that's top heavy. 12 Your -- your County government is not top heavy with a 13 lot of bureaucracy. So everybody pretty well knows each 14 other. And they know what the other one's doing. 15 And if anything causes problems in an 16 organization like this, it's favoritism. And I'm not 17 saying that the Sheriff's Department doesn't deserve a 18 different pay level than somebody that sits behind a 19 keyboard all day long. But we have to be concerned at 20 the overall operation of this place. 21 Each one of you is a human being. Each one 22 of you has neighbors. Your -- what your neighbors do 23 affect you. You don't -- you may not even know what 24 they do for a living. But little resentments build up 25 over time and you cause problems. 27 1 What I'm interested in is maintaining proper 2 decorum, a good workplace environment, and if we start 3 singling people out, some get a raise, some don't, then 4 you have a problem. And we all know this. And 5 personally, I think it's childish because as Jesus said 6 to Peter, what difference is it to you what I say to 7 John? I adhere to that. I raise my children that way. 8 But unfortunately, we don't live in a place where 9 everybody believes that. 10 So that is my two cents on trying to keep 11 everybody happy. If you want everybody to hate the 12 Sheriff's Department, they get a raise and nobody else 13 does. That will create animosity that fast. 14 COMMISSIONER HARRIS: Harley, I agree with 15 your two cents. But I'm going to add something else 16 from my take just a little bit simpler and it boils down 17 to a retention and recruitment. We need these people 18 that are seasoned to not escape -- leave Road & Bridge 19 and go to TxDOT. We have to be competitive. 20 Everyday when I come to the courthouse I 21 pass Taco Casa. Everybody knows where that is. A few 22 months ago it was ten dollars an hour they were 23 advertising. Then it went to 11. Then to 12. Now it's 24 13. Just trying to get warm bodies in there. And they 25 pass the cost off to us. But that's what it's gone up 28 1 to, from 10 to 13. And that's a heck of a lot more then 2 a five percent raise. 3 Unfortunately, we're living in that. I've 4 been as tight-fisted or more so than most everybody on 5 this Court on raises the last few years. But this time 6 around, I saw we had to do it. And it's simple. 7 Recruitment and retention on my part. 8 JUDGE KELLY: Any other discussion? 9 MR. BOOKER: My name is Ron Booker. 10 JUDGE KELLY: Did you turn in your form? 11 MR. BOOKER: No, I didn't. 12 JUDGE KELLY: Okay. 13 MR. BOOKER: Was everybody else asked that 14 when they came up here to speak? 15 JUDGE KELLY: No. But they turned them in 16 and they get called. 17 MR. BOOKER: If you're -- you all have 18 talked about being able to retain workers. And there's 19 nothing that causes as much dissension when you've got 20 your worker bees out there working their tails off, and 21 the guy that sits up somewhere and doesn't do anything 22 gets paid the same thing. So that argument goes both 23 ways. And if you're trying to retain quality people, 24 especially with law enforcement, because there is, my 25 understanding, we're losing deputies periodically to the 29 1 City. You've got to be able -- 2 JUDGE KELLY: There's complaints we're 3 taking their employees. So which way is it? I don't 4 know. I mean seriously, I've had a sit down meeting 5 with the Mayor over this. And the Sheriff and I have 6 talked about it. 7 MR. BOOKER: Okay. My mistake then. I do 8 know that the salaries are different, are they not? All 9 right. 10 JUDGE KELLY: The City pays more. 11 MR. BOOKER: I know that. 12 JUDGE KELLY: And -- and they're coming to 13 work for us. 14 MR. BOOKER: Well, I know. But you still 15 have the pot -- you still have this issue about 16 retaining employees. And I think most people in here 17 would agree with trying to target and be specific with 18 the raises you do give out. And if people have a 19 problem with that, I mean that's the real world. That's 20 what everybody in here deals with is, you know, in 21 working in that competitive society. And our problem 22 right now is that society isn't as competitive amongst 23 ourselves as it used to be. 24 And you know, big organizations like cities 25 and counties, I mean they have to deal with this all the 30 1 time. And I understand that and I respect that. But 2 you just -- we -- you know, you have to be -- target it 3 specific if you want to keep those quality people that 4 you've identified as being topnotch and you want to keep 5 them. And that goes through the ranks and with the guys 6 that are hitting -- the men and women that are hitting 7 the street every day. The investigators that are 8 working the cases. 9 And I'm in agreement. I think, you know, 10 let's dispense with the across the board and put the 11 money where you really feel it when people walk away. 12 And that includes other -- other departments in the 13 county government. And so thank you very much for the 14 time. 15 COURT REPORTER: What is your name, sir? 16 MR. BOOKER: Ron Booker. 17 COURT REPORTER: Thank you. 18 COMMISSIONER LETZ: Judge, I'll make a 19 comment. One of things you're talking about across the 20 board pay increases. What you're not talking about is 21 that we've worked very closely with the Sheriff's 22 Department, at least this budget cycle, to increase the 23 number of his employees, he's reallocated personnel, 24 he's changed positions. And so to say that we haven't 25 worked with the Sheriff and try to give him the tools he 31 1 needs is not accurate. 2 The other thing is, you're talking only 3 about salary. You have to look at benefits. The 4 benefits that we offer are in many areas better than the 5 City, which is why we have people coming from the City 6 over here. You have to look at the total package that 7 the County offers all its employees. It's not just a 8 salary. It's insurance. And we pay a hundred percent 9 of the employees' insurance. Things of that nature. 10 So, you know, I think that we have given the 11 Sheriff the tools he's asked for. Position. We gave 12 him additional employees. What -- what he needed. So I 13 think that, you know, it's coming across that we're not 14 supporting our Sheriff. We've done everything we can to 15 give the Sheriff exactly what he's asked for this 16 budget. 17 SHERIFF LEITHA: I want to clear up on the 18 positions there. We've been very fortunate that we've 19 hired four KPD officers over here for less money. Where 20 -- where they have been hiring from us is in the jail. 21 Our detention officers. Let's say our guy makes $43,000 22 a year. Starting KPD officer makes 56,000. That's 23 $13,000.00. I can't blame the guys for doing that. 24 Now, it hurts me. It does. I have openings today. 25 To counter that what I've done, I'm starting 32 1 my own law enforcement. I believe they have nine in 2 there at this time. I have one. But like I said, we've 3 been pretty fortunate. But that's kind of where they're 4 hiring from, our jail at a $13,000 increase. You know, 5 they gotta do what they gotta do. 6 JUDGE KELLY: Any other discussion? 7 COMMISSIONER BELEW: I want to say one more 8 thing. That the idea that there are people here that 9 either don't do their job or their job isn't important 10 is nonsense. Plain and simple. We run on a real tight 11 lean team. There's not a bunch of people sitting around 12 doing nothing. 13 When I first got elected as Commissioner, I 14 thought I was going to come in and find a bunch of 15 bureaucrats. What I've discovered is a lot of people 16 that have the same values that all of us have, that are 17 working as hard as they can to do the best that they can 18 for you. So I don't want to minimize what any of them 19 do. They're all important. 20 COMMISSIONER HARRIS: I would say -- 21 COMMISSIONER BELEW: You thought you were 22 going to see a bunch of people sitting around doing 23 nothing. 24 COMMISSIONER HARRIS: Yep. Right. 25 JUDGE KELLY: The single most important 33 1 asset that we have in the County are our employees. 2 Each and every one. Each and every one of them. And I 3 want them to know that they are appreciated for their 4 contribution. 5 There being no other discussion, those in 6 favor for the wage adjustment and the grade and step 7 schedule that we've been provided and presented, raise 8 your hand. Unanimous, five zero. 9 Moving on to 1.14 consider, discuss and take 10 appropriate action to approve a Resolution to submit 11 FY-23 Operation Lone Star grant application along with 12 supporting documentation, including a letter of support 13 or MOU with a border county. Sheriff Leitha. 14 SHERIFF LEITHA: Judge, I had Jody give me 15 some forms of support. Need them here in a little bit. 16 Basically what I'm asking the Court for permission to 17 submit the Operation Lone Star grant. I don't know if 18 this should be later in the deal. But since it's up now 19 I'll kind of give y'all a view of that. 20 Basically what this grant is is to do 21 increased enforcement on Operation Lone Star and human 22 smuggling. We have been doing that with our current 23 budget. You know, it has put a strain on it. We've 24 damaged some vehicles. We've had some injuries. You 25 know, a lot of -- more fuel breaks and all these 34 1 pursuits are really hard. 2 But what this will be, this will be -- well, 3 if we get this, we'll be able to get us additional 4 equipment that can just been targeted for that at this 5 time. Some of the things I can tell you about it is on 6 Operation Lone Star, those items purchased can only be 7 used for that. That doesn't mean a deputy is on call 8 and can't answer something else. But I just can't take 9 him from over there and use it on a day to day patrol 10 use. 11 When the grant's over, you know, it ours to 12 do what we want with. You know, how long it's going to 13 last, I don't know. I approached it this year from 14 getting equipment only. I visited with a lot of 15 sheriffs and did a lot of homework on this, and most of 16 them start their first year with equipment. Equipment 17 seems to be easy. There is additional manpower. 18 Jailers. 19 I'm going to share some more numbers with 20 you that can be used. We will look at that. If this 21 all goes through and we will attempt to do that. You 22 know, it can help in the jail. 23 Currently today, Judge, we have 17 inmates 24 that we've arrested. Three out-of-county inmates. And 25 kind of just share with y'all the numbers. And these 35 1 are things that we can use to help us, especially next 2 year. To house these prisoners, our prisoners only, not 3 out-of-county, Kerr County arrests, $12,950 for June; 4 $21,700 for July; August we've been busy, $28,750. So 5 that's a grand total of $63,400 of your taxpayers money 6 going for human smuggling, okay. 7 So you know, but like next year we can look 8 at manpower. But what y'all have to understand when I 9 come to the Court and ask y'all for the manpower, you 10 know, it's kind of hard to find officers nowadays, 11 especially you know really good officers, is they will 12 pay 100 percent. They will pay for all the benefits 13 also. But, you know, how long is this going to last? 14 We have to be careful. I mean, because when it's over I 15 sure hope the Court would let me hire those guys. I'd 16 hate to tell a guy, hey, you don't got a job anymore. 17 Or a jailer, you don't have a job. 18 But the Court has been very good. They gave 19 me three employees this year. I can't tell you when the 20 last time we got some employees. You know, we got one 21 new jailer, one new deputy, and one new investigator. I 22 hope to get a deputy for the next four years to increase 23 our manpower. 24 But with -- with this, you know, next year 25 we'll probably -- if this all goes through, we'll 36 1 probably ask for manpower. Maybe one or two, in 2 conjunction with y'all give me a spot every year we 3 could transition that in. 4 And I want you -- I'm going to let Jason 5 give you a briefing here, just kind of so you know where 6 we're at, where our numbers are at and where we're going 7 and why we're asking for this. 8 Also, Judge, in there, I do have a letter of 9 support from State Rep Andy Murr, Senator Dawn 10 Buckingham. I did get a letter from Kinney County, 11 which is called a Tier One County because they're right 12 there on the border, from Sheriff Coe asking for 13 support. I've also got an MOU, Memorandum of 14 Understanding, with Edwards, Kimble and I. Those -- us 15 and Kimble County are two -- Tier Two Counties. Edwards 16 and -- we're Tier Three Counties. Edwards is a Tier Two 17 County and asking for assistance. 18 But with this, Captain Waldrip is our 19 special operations division captain. He deals with this 20 on a day-to-day basis. Just going to have him brief you 21 on the numbers, what we've done since we started. 22 CAPTAIN WALDRIP: So smuggling events 23 started affecting Kerr County in May of '21. That's 24 kind of when we start -- first started seeing some 25 smuggling arrests and stuff. So starting in this 37 1 current fiscal year, we started keeping statistics of 2 how it's affecting Kerr County and -- and the numbers 3 that are affecting our Sheriff's Department. 4 One thing I want to make clear on these 5 numbers is we're just dipping our toe into this type of 6 enforcement. We -- this is -- right now it's a 7 collateral enforcement. Because our deputies stay busy. 8 I mean, we don't have guys dedicated to just smuggling 9 at this point in time. 10 We have a criminal interdiction team with 11 our Interlocal Agreement with Kendall and Gillespie 12 County. Those guys were put on the road for criminal 13 interdiction purposes, but not necessarily smuggling 14 interdiction. But those guys have picked up -- have 15 taken the task and they've picked up as another duty to 16 what they're doing. 17 So what we're looking at in this next budget 18 year is to start more enhanced enforcement programs, so 19 we're going to start dedicating more teams of deputies 20 and investigators out on 41, I-10, and other areas to 21 really ramp up our enforcement and probably see a lot 22 more smuggling arrests and -- and IA captures. 23 So this budget year, which started in 24 October of '21, we're at 59 smuggling arrests, 206 IA 25 recoveries. We've seized 12 vehicles that are 38 1 reutilized as tools in smuggling events. We've -- we've 2 recovered some drug seizures, not a lot. These people 3 don't carry. We're starting to see more and more 4 firearms with these smuggling drivers. 5 So total we've got about 372 man hours 6 dedicated to smuggling events in Kerr County to date. 7 Like I said, this is just us hitting the road on 8 occasion. Our deputies picking up, you know, leads on 9 the highway when they're out working. When -- when call 10 levels are lower, they get out there and they start 11 looking for these smugglers. So we expect these numbers 12 to increase greatly. 13 When we talked to Sheriff Guthrie down in 14 Edwards County last week, they have deputies that are 15 dedicated strictly to smuggling enforcement. Today, he 16 said they had 600 smuggling arrests this budget year. 17 So it's out there. It's coming through our counties 18 also. We just don't have the dedicated time out there 19 at this point. So we are looking for more operational 20 situations to kind of start enforcement on this. So 21 that's where we're at at the moment. 22 COMMISSIONER LETZ: Judge, looking at this 23 one, the Memorandum of Understanding with Edwards 24 County? 25 SHERIFF LEITHA: Edwards, Kimble and Kerr. 39 1 COMMISSIONER LETZ: Edwards, Kimble and 2 Kerr. But they have not signed -- those counties have 3 not signed that yet, correct? 4 SHERIFF LEITHA: No, I -- I have it. The 5 Judge has a copy of it. 6 COMMISSIONER LETZ: Do they have it all? 7 SHERIFF LEITHA: Yeah, we -- 8 COMMISSIONER LETZ: Okay. 9 SHERIFF LEITHA: They've signed it. 10 COMMISSIONER LETZ: I'm in favor of 11 supporting the grant application. I will say, you know, 12 the next three items kind of go -- run together a little 13 bit. But I'll just say on this one, I am in favor of 14 supporting the grant application for Operation Lone Star 15 and I'll make a motion to approve -- or to, yeah, 16 approve the Resolution for submission of that grant. 17 COMMISSIONER HARRIS: Second. 18 MS. PUTNAM: If I may, before we actually 19 approve the grant application -- 20 JUDGE KELLY: Just a second. We've got a 21 motion and a second. Now the Court's open for 22 discussion. 23 MS. PUTNAM: I'm sorry. 24 JUDGE KELLY: And Ms. Putnam, if you would 25 identify yourself so the public knows who you are. 40 1 MS. PUTNAM: I'm Noel Putnam, the grant 2 administrator. Prior to approving this motion, if we 3 could go ahead and skip down to one of the other items 4 because there is some documentation required to submit 5 the grant that is in -- I don't have my glasses on. I 6 think 1.5. 7 COMMISSIONER BELEW: 1.15 maybe? 8 JUDGE KELLY: Yes. 9 MS. PUTNAM: 1.15. Thank you. I can't see 10 it. You need to approve it. 11 COMMISSIONER LETZ: As I look at the agenda, 12 1.16 can be deleted. Because the Court cannot declare 13 an emergency. That was kind of put in there and the 14 order is incorrect. Item 1.15 is a Resolution of the 15 Commissioners' Court approving extension of a 16 declaration should you make a declaration. Because only 17 the County Judge can make that declaration. Now, I'll 18 ask the County Attorney, am I saying that accurately? 19 MRS. STEBBINS: Well, 1.16 was included in 20 the event that following the discussion during 1.15, the 21 County Judge chose to declare a disaster. And 1.16 22 gives the Commissioners' Court the ability to extend 23 that so that you don't have to come back here within 24 that seven-day window to extend the declaration. 25 COMMISSIONER LETZ: I thought that was 1.15. 41 1 MRS. STEBBINS: Well, 1.15 -- 2 COMMISSIONER LETZ: Both of those are not 3 needed in my mind. There's not a separate Resolution. 4 It's either -- there is a -- and I don't have it right 5 here right now. Jody may have it. 6 MRS. STEBBINS: From -- from what I 7 understood, 1.15 was included just to give y'all an 8 opportunity to discuss the need for a disaster 9 declaration. 10 JUDGE KELLY: Well, I'm looking through 11 the -- through Jody's notebook. Okay. And under 1.4 12 (sic) I've got the notice from the Office of the 13 Governor with regard to the requirements for the grant. 14 COMMISSIONER LETZ: Right. 15 JUDGE KELLY: And behind that is attached a 16 Resolution. Now, therefore, be it resolved that the 17 Kerr County Commissioners Court approves submission of 18 the grant application for Kerr County Sheriff's office 19 to the Public Safety office, is what the Resolution 20 says. That's what 14 is. 21 COMMISSIONER LETZ: And to me, that's -- to 22 me that's a stand-alone item. And there's some items 23 that may not be completed that will be -- need to be 24 submitted with that. But it's a stand-alone item. 25 MS. PUTNAM: Yes, sir. 42 1 COMMISSIONER LETZ: So I'll make a motion to 2 approve the Resolution. 3 JUDGE KELLY: Okay. We've got a motion and 4 second. Miss Putnam, explain to me what it is that you 5 think we need to do before this Resolution is addressed? 6 MS. PUTNAM: In order to actually submit the 7 Resolution in order to submit the grant, we will need to 8 declare a State of Disaster. 9 JUDGE KELLY: Yes. Which has not been done. 10 MS. PUTNAM: Right. 11 JUDGE KELLY: And it's not going to be done 12 in this meeting today. The Sheriff and I will sit down 13 and talk about this after our Court session today. So 14 what else do we need to do? 15 COMMISSIONER LETZ: But, Judge, I think we 16 can still approve the Resolution. 17 MS. PUTNAM: You can still approve it. 18 Because the deadline is on Wednesday. So if we -- if I 19 get approval then once everything else is decided I'll 20 have the capability of going ahead and submitting it if 21 it gets approved. 22 JUDGE KELLY: Fair enough. So that's a 23 motion and a second to approve the resolution. As 24 presented. 25 COMMISSIONER BELEW: In the past, in the 43 1 event that there is -- 2 JUDGE KELLY: Correct. Correct. 3 MS. HALL: Is there public comment on that? 4 JUDGE KELLY: Sure. You can make public 5 comment. 6 MRS. DOWDY: I think there might be some 7 sheets. 8 JUDGE KELLY: Pardon? 9 MRS. DOWDY: I think there might be some 10 sheets. I'm not entirely sure. 11 JUDGE KELLY: This is Item 1.14. We're not 12 going to consider 1.16, as I understand it? 13 COMMISSIONER LETZ: Well, yeah. I'm -- I'm 14 not sure whether it's 1.15 or 16. Both don't need to 15 be -- 16 MRS. STEBBINS: 16 was there just in case 17 there was a disaster declaration. So if there's not 18 going to be that, 16 can be passed on. And 1.15, if you 19 want to discuss the disaster declaration with the 20 Court -- that's 15. 21 COMMISSIONER LETZ: That would be -- but we 22 could -- on 1.16, we could approve the Court Order to 23 extend it indefinitely if the Judge approves it. 24 MRS. STEBBINS: You could, but it would be 25 tidier if you came back within the seven days and 44 1 extended it. 2 COMMISSIONER BELEW: I agree with that. 3 COMMISSIONER LETZ: Okay. Okay. 4 JUDGE KELLY: So of the 1.14, 1.15, and 1.16 5 items on the agenda, we've already taken under 1.14, 6 which is with the Court right now, and we do have a 7 number of people that wanted to speak on this topic. 8 Now, Kerr County Lead this morning, brought 9 to my attention that there's some question as to the 10 enforceability of our local rules, which selects limited 11 discussions to six persons and 30 minutes maximum. And 12 if that's the case, that it's going to be challenged, we 13 can -- we can challenge it here. We can put it on the 14 agenda, but it's not on the agenda for us to discuss 15 today. If you want to challenge the legality of it, 16 that has to be done by going through the judicial 17 process. So we're still going to enforce the six person 18 rule. So let's take a five minute break and let y'all 19 decide which six of us -- six of you are going to 20 address the Court on this topic. Five minutes. 21 (Recess.) 22 JUDGE KELLY: Come back to order. 23 MRS. DOWDY: I just want to be sure which 24 items were technically called. Because I remember 25 hearing that all three were called? 45 1 COMMISSIONER BELEW: 16 is off. 2 MRS. DOWDY: 16 is off. Just clarifying it. 3 JUDGE KELLY: We're doing 14, 15 and 16 at 4 one time. To the extent that we can do them. And so, 5 this is the public input part of consider, discuss and 6 take appropriate action to approve the Resolution to 7 submit for the Operation Lone Star grant application. 8 Okay. Ms. Hall. 9 MS. HALL: Good morning again. Terri Hall 10 with We the People, Liberty in Action. And obviously 11 this has become a huge issue around the State of Texas. 12 It's not new to Kerr County. But what does make us 13 unique is our proximity to the border and having that 14 spilling over into our County in record numbers. You 15 just heard some of the stats. 16 We want to first thank our Sheriff for the 17 amount of time and effort and energy he and his whole 18 department has put into researching this, getting all 19 the I's dotted, all the T's crossed, getting everything 20 in the right order. This is very complicated. We're 21 sorry that it is. I wish it wasn't. I wish none of us 22 had to deal with any of the -- I really do. I wish we 23 weren't having to deal with this. But we are. We have 24 to deal with the circumstances and the reality that we 25 live in right now. 46 1 And we want you to be proactive. Okay. We 2 don't want to wait until we're dealing with 600 3 smuggling arrests like they are in Edwards County. 4 Okay. That's one county. We're -- we're only just 5 barely scratching the surface. This is not going to get 6 better. This is not getting better. And it won't as 7 long as we have the current leadership in the White 8 House. Okay. So we have two more years of this. Two 9 plus years of this left. 10 And we have to do something. Because we can 11 feel the wheels coming off already. And I mean, do you 12 want public panic? I mean, at the end of the day we're 13 seeing headlines every single day. Just about. In the 14 paper. About human smuggling and drug arrests and all 15 kinds of increase in violent crimes in our little Hill 16 Country enclave. It's coming. And it's coming quickly 17 and it's going to be out of control before we can blink. 18 So we have a unique opportunity right now. 19 Because we have this deadline. We have these funds 20 available to our County to bolster our Sheriff's efforts 21 to get this done. We want you to support him. I mean, 22 I think that's pretty clear. 23 But at the end of the day, it's not going to 24 get better. And we need two things from you today. And 25 whether it's in this meeting or not, Judge Kelly, we 47 1 need two things from you today. We need a disaster 2 declaration for our County. And we need you to declare 3 an invasion. And I know that for whatever reason 4 that's -- that's giving you pause. And I understand 5 that. Because it is a big thing. But at the end of the 6 day, there's almost a dozen other counties that have 7 already done this and most of them aren't even -- 8 several -- several are not even near the border like we 9 are. And they're seeing it. They're seeing it with the 10 fentanyl overdoses in their children. 11 Our Congressman is practically daily on some 12 TV show in front of -- or on the floor of the House 13 doing whatever he can, literally practically killing 14 himself to bring this issue to bear and get this -- the 15 border shut down. And we need to be supporting him. 16 Our elected officials like Murr and Buckingham have even 17 sent a letter to y'all in support of what we're asking 18 you to do. Okay. It's like unanimous. It's just about 19 unanimous that we need this done for our County and for 20 public protection purposes. 21 And you know, we don't want to be waking up 22 to having to deal with a violent crime coming to our 23 door or going out to our shed or whatever and finding a 24 whole enclave of -- of illegals or -- or people being 25 smuggled into our County. The amount of human 48 1 trafficking and what this is doing to these poor people. 2 We talk about humanitarian crisis. I mean this is 3 unbelievable, the conditions. 4 Go talk to Congressman Roy. He has seen 5 this. He has put pictures this size, blowing up -- but 6 when he's speaking you can see the human carnage that is 7 happening at our border. I mean some of our guys that 8 are down there. They can hardly sleep at night because 9 of the images that go through their head every day. 10 JUDGE KELLY: I'm told your time's up. 11 MS. HALL: Okay. Well, you know what we 12 need from you and we're asking you to do that. And I 13 would also ask that the County come in compliance with 14 the State law when it comes to allowing the number of 15 people in the public to speak. Because the City did it 16 on their own. They didn't need to be sued. 17 JUDGE KELLY: We're not asking you to sue. 18 It has to be on the agenda or we can't talk about it. 19 MS. HALL: That's fine. 20 JUDGE KELLY: Suzy -- is it Bettac? 21 MS. BETTAC: Uh-huh. Good morning, 22 gentlemen. I am here in support of the declaration. 23 I'm very disappointed that, Judge Kelly, you designed it 24 without any input, I noticed, from any of the other 25 commissioners that this is no longer an agenda item. 49 1 It's disappointing. 2 I work with a group that supplies border 3 patrol with supplies. I want to tell you what kind of 4 supplies we're sending. We're sending wound wash. 5 We're sending bug spray. We're sending sunscreen. 6 We're sending liquid IV. Because the feds are not 7 giving these items to the border patrol and to ICE. 8 So we supply it to them through the union. 9 We make a once-a-month trip, if not to Edinburg, then to 10 Del Rio. This is private citizens paying for this to 11 help our border patrol. 12 In the process of all of this, I got to meet 13 the Kendall County attorney. Great, handsome little 14 dickens named Brad Smith. Ms. Stebbins should really 15 call him because he's going to tell her what's coming. 16 His budget for paper was $1,200 a year. A year. 17 Del Rio is not a big town. Kinney County is not a big 18 county. He blew through it in a week. In a week. 19 We're now supplying him paper so that he can file his 20 legal documents with the Court on the people they're 21 picking up on private property. This is dangerous. 22 This is -- I -- I know people leaving Uvalde because now 23 the ranches in Uvalde are starting to have issues. 24 I know there have been issues here in Kerr 25 County. I know there are definite issues of some sort 50 1 going on in Bandera County because women are starting to 2 come up missing. Women in their 20's and their 30's. 3 An old gal like me they're not going to probably mess 4 with. But a 20-year-old, yeah they will. They will. 5 It really needs -- it's a message that our 6 law -- we can't rely anymore on law enforcement from the 7 feds. When they say all politics is local, and so is 8 our safety. We're now having to fall back onto our 9 Sheriff's department to provide us what our Federal 10 people won't do. And if it means taking Federal funds 11 to help the Sheriff get the resources he needs before 12 this arrives on our doorstep in a big way, then I think 13 we should take those funds. 14 It's my tax dollars. It's coming back into 15 my County. It will protect me and other people in this 16 County. And I think we really need to look at that. 17 But the message needs to be that we're united. And I 18 don't think there's much of a question of residents in 19 the County that we need to support the law enforcement, 20 that this is moving north. They're hiring 16 and 21 17-year-olds in San Antonio through the cartel at 1,500 22 bucks a pop to run to Del Rio and pick up illegals. So 23 I thank you for your time. 24 I'm disappointed that the decision somehow 25 was made not to discuss this today. And it really needs 51 1 to be on the agenda again. Thank you. 2 JUDGE KELLY: Rich Paces. 3 MR. PACES: I'm Rich Paces. I live in 4 Center Point. I'm here for the third time addressing 5 the Commissioners' Court and asking you to join what is 6 now 17 other counties in Texas that have declared a 7 local disaster as a result of the invasion taking place 8 at our southern border. 9 And you know, without a declaration of a 10 local crisis or disaster, you will not get the funding 11 associated with Operation Lone Star. They go hand in 12 hand. Your current Resolution you just approved to 13 apply for the funds isn't going to work unless you 14 declare a local disaster. So please do that. 15 And further, as Ms. Hall eloquently stated, 16 please declare an invasion. Look. While obtaining 17 money for our Sheriff's Department is urgently needed 18 and it's really important, what's far more important is 19 to stand with the other 17 Texas counties that have 20 already done this. Who have declared an invasion at our 21 borders and pressed Governor Abbott to act as our 22 commander in chief of the military forces of the State 23 of Texas and start repelling and deporting those who 24 illegally invade our state as provided for by Article 25 IV, Section 7 of the Texas Constitution, which is also 52 1 supported by Article I, Section 10, Clause 3 of the U.S. 2 Constitution. 3 Texas has the right to apprehend and 4 immediately deport anyone crossing our border illegally. 5 Immediate deportation is the only action that will stop 6 the invasion and the horrific crimes associated with it 7 that we're now seeing in Kerr County. Apprehending 8 invaders and releasing them at ports of entry to the CDC 9 is futile. It only results in the vast majority of 10 those illegal aliens being released within Texas and 11 then transported throughout our nation. And of course, 12 it only incentivizes more to keep coming. 13 So I'm urging the Court for the third time, 14 please move a Resolution. Declare an invasion. Judge, 15 you're the only one who can do that. Or rather a 16 local -- 17 JUDGE KELLY: It's a declaration of 18 disaster. 19 MR. PACES: Yes, I'm sorry. I stand 20 corrected. It's a declaration of disaster that's -- 21 that triggers your ability to get funds from Operation 22 Lone Star. Without it you're not going to get them. 23 But I also am asking you to declare an 24 invasion at our southern border and put as much pressure 25 as possible on our Governor to start deporting those who 53 1 violate our state sovereignty. Thank you. 2 JUDGE KELLY: Barbara Ferguson. 3 MS. FERGUSON: Awhile ago I proudly voted 4 for Larry Leitha as Sheriff, and one of the main reasons 5 I voted for him for Sheriff was the interagency 6 experience that he has. His ability to be able to fight 7 with others and try to bring down, and his narcotics 8 experience as well. 9 Now, by not signing this declaration of 10 disaster and securing those Lone Star funds, you're 11 handcuffing him and saying no, don't do that. Just take 12 care of our little enclave here. Ignore them. The 13 stats that were given earlier showed that once the Lone 14 Star funds were used in other counties, their arrests of 15 illegals and smuggling and everything skyrocketed. So 16 if we want to just keep our head in the sand and think 17 that Kerrville and Kerr County is a safe little place, 18 don't give him the funds because it might expose the 19 ugly truth of what's going through our County. 20 I think -- and I can't come up with any 21 other reason why this declaration would not be done. 22 These other counties -- this is the declaration for 23 Kinney County. It's not a big deal. It's a simple two 24 little page deal. The only reason I can image that 25 Judge Kelly would not be willing to sign this 54 1 declaration is that he doesn't want anybody to know the 2 ugly truth of what's going on. 3 Now, perhaps Judge Kelly would like to tell 4 us why he's not considering it. We've never heard -- we 5 haven't heard any reason. 6 JUDGE KELLY: You never asked. 7 MS. FERGUSON: Would you like to tell us? 8 JUDGE KELLY: I'm happy to tell you. But 9 you spend your time and I'll -- I'll talk when y'all are 10 done. 11 MS. FERGUSON: It's always nice to get the 12 last word. 13 JUDGE KELLY: It is. 14 MS. FERGUSON: I really think that this has 15 to be -- you need to stop and think again about this. 16 It's $900,000. That would go a long way. And it is 17 helping not just our County stay safe, it is helping 18 those other counties. It's supporting them in what 19 they're trying to do. It's helping the entire country. 20 You know, it -- this whole situation just 21 brought to mind one of the men who died at the Alamo. 22 What he said to legislators when they would not support 23 going down and helping Texas. He told them all, You can 24 all go to hell, I'm going to Texas. So what -- right 25 now Kerr County can say we're going to help defend these 55 1 other counties. We're going to help stop it here. 2 We've got a good Sheriff. We've got a good 3 department. They can do a lot. And by helping them 4 stop it there, we're also helping ourselves stay safe. 5 Thank you. 6 JUDGE KELLY: Thank you. Bethany Puccio. 7 MS. PUCCIO: Good morning. Bethany Puccio. 8 I live on Crest Ridge Drive here in Kerrville. You can 9 all go to hell and I'm going to Texas. That magnet is 10 on my fridge, I bought it before I moved here because I 11 had imagined Texas to be a beacon of freedom, and it has 12 been disappointing to see that it really isn't. 13 I appreciate Sheriff Leitha telling us last 14 week that we're safe. I know he had to say that. He 15 had to safe face for you, Judge Kelly, although you 16 couldn't save face for yourself because you couldn't 17 speak. America isn't safe and we all know it. It's not 18 safe. And I'm not going to stand here and I'm not going 19 to repeat. 20 Last week you had so many -- Barbara 21 Ferguson's data that she showed you, and the copies of 22 paper that she -- this isn't her opinion; this is the 23 truth that she's giving you. And that is that it's not 24 just about what's in Kerr County, it's what's going 25 through Kerr County. Okay. Because we're responsible 56 1 to stop it right here, what we can. We can't stop all 2 of it. It's an invasion. But we can do our best to 3 stop some of it. 4 And the fentanyl and the human lives that 5 are being trafficked through -- that tractor-trailer 6 with 50 people was 14 to 22-year-olds. We're not being 7 benevolent to the world right now. It's a humanitarian 8 crisis. It's -- it's horrible what America is doing to 9 the world right now. 10 Judge Kelly, I bumped into you at HEB a 11 couple weeks ago and you said you like to keep politics 12 out of local government, and I'm just going to say 13 America is always last to the fight or slow to the 14 fight. And that's what makes us great. 15 We have had superior military power for 16 decades. Maybe centuries. And we are the only country 17 that's ever had the military power that we have and we 18 have not one time ever conquered another country. We 19 have never used it against the world. And the few times 20 that we've had to -- like in World War II when we had to 21 drop an atomic bomb, we went and helped them rebuild 22 afterwards. Because we're not bullies. 23 But you know what? It's not just at our 24 door; it's at our table now. War has been declared. 25 The cartel is running Texas. It's running our border. 57 1 And you're either with the cartel or your against the 2 cartel. We did not ask for the fight. We very 3 rarely -- we don't ever. The American -- leave us 4 alone. We're happy. 5 I don't want to be here this morning. I 6 have kids at home that I home school. Last week we had 7 people that took time off from work to be here. We 8 would rather be peacefully raising our families, but 9 that's just not the time we're in. The silent majority 10 needs to go. 11 And if you want to be part of the silent 12 majority, God bless you, but please get out of politics. 13 Because you know what, Judge Kelly, you're a politician. 14 You run as a Republican on the ballot. Unfortunately, 15 Sheriff Leitha is a politician. I'm sure he probably 16 hates that. Nobody wants to be one. But he ran on the 17 ballot. He had to run a campaign. This is politics. 18 A gas a gallon -- a gallon of gas right now 19 is political. A gallon of milk is political. There's 20 nothing -- now if you woke up in America, you're in 21 politics. I'm sorry. That's just the way it is. I 22 want to quote Dietrich Bonhoeffer, if you don't know who 23 he is, I don't have time to go into that but please look 24 him up. 25 JUDGE KELLY: I've known Mr. Bonhoeffer for 58 1 a very long time. 2 MS. PUCCIO: He's a good man. Silence in 3 the face of evil is itself evil. God will not hold us 4 guiltless. Not to speak is to speak. Not to act is to 5 act. We need a declaration of a disaster and we need to 6 declare an invasion. We need to stand with the other 17 7 counties in Texas. And we need to be Texans again, the 8 Texas I thought I moved to. 9 I do want to say, you silenced some of your 10 citizens today. Jan Abert took the time to write out 11 something and I would appreciate if the Commissioners 12 would at least take the time to read it out of respect 13 for her. 14 (Handing out paperwork.) 15 JUDGE KELLY: Mr. Bohnert. Richard Bohnert. 16 Did I say it right? 17 COMMISSIONER LETZ: Bohnert. 18 JUDGE KELLY: Bohnert. 19 COMMISSIONER LETZ: Bohnert. 20 SHERIFF LEITHA: I'll check upstairs. 21 COMMISSIONER HARRIS: Is somebody ahead of 22 him, someone else? 23 JUDGE KELLY: No, he's the last one. 24 COMMISSIONER HARRIS: You want to let one of 25 the other ones speak? 59 1 JUDGE KELLY: Okay. I'm fine with somebody 2 else speaking, if you got one more speaker. 3 MR. BOHNERT: I was in the overflow room. 4 I'm Richard Bohnert and I reside in Kerr County, 5 Precinct 3. Your Honor, Judge Kelly, Commissioners, I 6 appreciate your time for me to testify before you. I'm 7 concerned about Kerr County, Texas, and our United 8 States. We are having an invasion. I believe all of 9 you are aware of that. 10 Many people have been down there and seen 11 it. And Chip Roy has been there a lot. He's our 12 congressional representative here. He has said months 13 ago already, this is an invasion. Something needs to be 14 done about it. 15 We have the authority to do something about 16 it. And I think our Sheriff is willing to do what needs 17 to be done. And I believe if we all get together and 18 the County gets on board with the other counties, we can 19 pressure our Governor, Governor Abbott, to declare this 20 an invasion and get these things -- this border secured 21 and get all of these terrible things stopped. These 22 drugs coming in are killing many, many American 23 citizens. 24 People are coming in here bringing disease 25 in here. They're not required to have any kind of 60 1 immunization vaccinations. Nothing. We're starting to 2 have measles, something that we have not had for 3 decades, because the United States of America has taken 4 care of those issues. We're letting illegals come in 5 here. They're bringing these diseases with them. We 6 have to do something. 7 I'm sure all of you know probably more about 8 the Constitution than I do, but Article I, Section 10, 9 gives us the authority to take action when the Federal 10 Government won't do it. And that's where we are 11 standing. Have been standing for quite awhile already. 12 I just think we need to give our Sheriff the 13 funds that can be allocated to him to help these other 14 states, and to get our Governor on board so we can 15 secure that border. I'd just like to thank you for my 16 time. 17 JUDGE KELLY: Thank you, sir. Any other 18 comment? 19 COMMISSIONER HARRIS: There's a seat up 20 front if you want it. 21 JUDGE KELLY: Since somebody finally asked 22 me what my hesitation is, it's -- I believe in the rule 23 of law. And the rule of law says that I have to follow 24 the laws. The authority that I have as County Judge is 25 vested in me by virtue of the Local Government Code. 61 1 And you can verify all this with our County Attorney. 2 She's the one that educated me on what the scope of my 3 authority is. And it is to be able to declare a local 4 disaster. 5 I don't have jurisdiction to declare Federal 6 disasters or state disasters. I don't have jurisdiction 7 to even declare a disaster in Val Verde County. 8 Although they -- they're -- they are truly in a crisis. 9 You talk about invasion. Down in Val Verde County. 10 Del Rio. Yes, sir. 11 But I don't have authority down there. I 12 only have authority in the square footage of the 1100 13 square miles -- 1107 square miles of Kerr County. I 14 don't have jurisdiction in Gillespie County. I don't 15 have jurisdiction in Kendall County. I have 16 jurisdiction here. And to declare that a disaster, some 17 people want me to declare an invasion. 18 I met with the Sheriff. And I still want to 19 meet with the Sheriff. We still have things to talk 20 about. I talked to him, what was it, ten days ago? We 21 talked about the "I wants" analysis of what's going on 22 on these transportation corridors. State Highway 41 and 23 Interstate 10 are dangerous. That's where the crime is. 24 That's where the trafficking is. That's where the human 25 and drug trafficking go is, right there. And it spills 62 1 off into the County when they bail out of the vehicles. 2 When they get stopped. That's what happens. Okay. 3 That, I want to address. And the Sheriff 4 has done a marvelous job. And I've complimented him 5 publicly numerous times and I will continue to. They've 6 done a great job. But one of the things that's required 7 for this is in those Resolutions if you read them, 8 somebody had Kinney County, wave it around. It says 9 that there is an imminent danger. An imminent threat. 10 Right? Doesn't it say imminent? 11 UNIDENTIFIED SPEAKER: Sure. 12 UNIDENTIFIED SPEAKER: I can't read that. I 13 read it this morning. I can't read that fast right now. 14 JUDGE KELLY: It's easily the first part of 15 the first paragraph. And so I visited with the Sheriff 16 and his staff about how imminent is this? Well, right 17 now we've been able to contain it. And you are safe. 18 And that's important. But if you can keep reading that, 19 it talks about an invasion. 20 We don't have an invasion in Kerr County; we 21 have an intrusion into Kerr County. They are 22 trafficking through here. They come up 41, and they 23 come both ways on I-10. Now what's what they're doing. 24 They're going through Kerr County. It's not that -- 25 we're not the destination. They're going someplace 63 1 else. They're just coming through here. And it brings 2 crime with it. I understand that. 3 Another word that's in these resolutions 4 that I have problems with, and I visited with the 5 Sheriff and his staff, it says that local law 6 enforcement is overwhelmed. Challenged? Strained? 7 Absolutely. But our Sheriff's Department -- our 8 Sheriff's Office is not overwhelmed. And I can't -- I 9 can't say those words. I can't legitimately swear that 10 that that is the case here. 11 Another thing that's in these disaster 12 declarations that I have issues with is it invokes the 13 Texas military department and invites the Governor to 14 send the National Guard in. I don't want my Sheriff 15 working for the National Guard. I want my sheriff 16 running the operations here. I want him in command. We 17 know him. He knows us. He's the best one that can take 18 care of us. 19 If it ultimately gets bad enough that they 20 start coming up from Del Rio and we are being invaded, 21 well yeah, we'll sit down and talk about bringing in the 22 National Guard. We'll do that. But right now we don't 23 need the National Guard. 24 I want to meet with the Sheriff after 25 today's court session to talk about these transportation 64 1 corridors, because that's where the problems are, and 2 I'm trying to find a way to -- to issue some sort of 3 disaster declaration. But I want it to be honest. I'm 4 not going to lie about it. And Sheriff and I have a 5 very good relationship and I think we can sit down and 6 hammer this out. But I need stats. I need data from 7 the Sheriff's office. And I think y'all have been 8 working on that. And we'll be able to sit down and talk 9 about that. 10 And the last thing I'll leave you with, that 11 you need to think about, we're about five counties 12 removed from the border. We're a tier three. I think 13 that's right. It affects us. There's no question about 14 that. But it's not like it affects the border counties. 15 We're not a border County. Kinney County is a border 16 County. Val Verde is a border county. Maverick is a 17 border county. Kerr is not. I think you've go to go 18 through five counties to get to Del Rio. 19 UNIDENTIFIED SPEAKER: You can make it in 20 three. 21 JUDGE KELLY: You can make it in three if 22 you go to Rock Springs. But 254 counties in the State 23 of Texas. And 17 have declared this disaster in their 24 respective counties. Okay. And rightly so. I'm not -- 25 I'm not challenging any of those declarations. I'm just 65 1 saying that the declaration that we're going to do in 2 Kerr County is going to be custom fit to what our 3 situation is. And the Sheriff and I are going to be 4 able to work that out. 5 But don't forget, there's 237 counties out 6 there that haven't. And it's because they don't -- they 7 can't say that there's a disaster in their County. 8 There's a border disaster, true. There's immigration 9 disaster, true. But in those counties up north, up 10 north of us, they haven't declared it because they don't 11 have the jurisdiction, the authority to do it. 12 UNIDENTIFIED VOICE: One of them was Collin 13 County. 14 JUDGE KELLY: Well, I understand that. And 15 if they -- if -- if they can say that in good conscious, 16 fine. I'm working with the Sheriff. We're going to 17 stay with the truth. I can tell you that. So -- and 18 no, Bethany was right. I don't like these political 19 resolutions. 20 COMMISSIONER LETZ: Judge, I want to make a 21 couple comments too on that. Those of y'all -- some of 22 y'all were here last meeting and I was not here and I 23 asked that all these topics be put on the agenda after 24 this meeting. And I pretty much, you know -- and I've 25 worked very closely with the Judge. Unfortunately, 66 1 because once I work with the Judge, I can't talk to 2 anybody else on the court so -- but I agree with him on 3 the how you have to work or declare a disaster. I've 4 submitted him some language that I thought was 5 acceptable. He's looked at it. He agrees with some of 6 it. 7 JUDGE KELLY: And we're teasing it out. 8 COMMISSIONER LETZ: Yeah. And we're working 9 on it. Because we have to be honest. And we have to 10 look at Kerr County only. And much of what the Judge 11 has says I agree with. I think it's unfortunate that 12 the Operation Lone Star grant is tied to a declaration 13 of emergency. You know, but it is. 14 So we're trying to figure out how to 15 maneuver -- the reality is maneuver and be honest to 16 declare -- I say we, the Judge -- to be honest with the 17 public and with his oath to declare an emergency but so 18 we can get those funds. And, you know, it's just that 19 we're dealt a hand that we're dealt right now, the way 20 those funds are tied up. 21 And really, it's very, very frustrating. I 22 mentioned this to the Judge right before the Court this 23 morning. It's really frustrating to me that in the last 24 two years the term "emergency" has taken on a total new 25 scope. It is -- it's appalling to me. Everything we do 67 1 nowadays is an emergency. Our President forgave student 2 loans because it's an emergency. COVID was an 3 emergency. Everything is an emergency all of a sudden. 4 Several years ago an emergency meant we had 5 a major flood on the Guadalupe River and lives were in 6 danger. Or there's a huge forest fire in Saddlewood. 7 Those were true emergencies. Now everything's an 8 emergency. 9 But, you know, we have to live with what we 10 have to live with. And that's just the nature of today. 11 The definition has been expanded. I would hope that 12 both the State and the Federal legislatures would define 13 emergency. I mean it's ridiculous to me to have these 14 ongoing emergencies last forever. But that's where we 15 are. So anyway, just wanted to say that. Thank y'all 16 for coming. 17 COMMISSIONER BELEW: And those emergencies 18 work against rule of law. And we've seen it happen over 19 and over again. I have a question for the Sheriff. If 20 we had regular interdiction along 41, I-10, where are we 21 go to put them? 22 SHERIFF LEITHA: Out there on 41 and 10. 23 COMMISSIONER BELEW: Where you are going to 24 put the prisoners? 25 SHERIFF LEITHA: In jail. 68 1 COMMISSIONER BELEW: How soon are you 2 going to -- 3 (Laughter.) 4 COMMISSIONER BELEW: All right. That's 5 fine. That's funny. But how long is that going to 6 last? How soon is the jail going to be full? 7 SHERIFF LEITHA: Well -- 8 COMMISSIONER BELEW: We really -- now, if -- 9 if the numbers we're talking about, and that's all, you 10 know, unproven right now. 11 SHERIFF LEITHA: Right. 12 COMMISSIONER BELEW: If the numbers we're 13 talking about are brought in, you're going to have to 14 put them someplace. Your jail would be full all the 15 time with people that aren't even going to make bond. I 16 realize we're between the dog and the fire plug on this 17 thing. We need to do something. But you've got to put 18 them someplace and these are the low -- you and I have 19 talked about this. 20 SHERIFF LEITHA: Right. 21 COMMISSIONER BELEW: They're the 22 expendables. Nobody cares if they get out of jail ever. 23 Nobody cares if they die on the row. Now we're picking 24 up the mules. 25 SHERIFF LEITHA: Correct. 69 1 COMMISSIONER BELEW: And we're going to have 2 our Kerr County jail full of them. 3 SHERIFF LEITHA: Well, we -- 4 COMMISSIONER BELEW: And it's not going to 5 stop the problem either. 6 SHERIFF LEITHA: Yeah, I agree. In time. I 7 mean, we still have another hundred beds. But -- and I 8 agree, in time if we kept doing it and having those kind 9 of numbers, yeah, we would fill up. If they didn't bond 10 out. 11 COMMISSIONER BELEW: So how much of -- at 12 some point you either let them pass or -- 13 SHERIFF LEITHA: Oh, we're not going to let 14 them pass. 15 COMMISSIONER BELEW: Well, what are you 16 going to do with them? 17 SHERIFF LEITHA: Well, that's -- 18 COMMISSIONER BELEW: Turn them back? 19 SHERIFF LEITHA: Well, we'll house them 20 somewhere else. But that's not -- not something you 21 want to hear but we'll house them somewhere else. But I 22 got a hundred plus beds left to be able to hold them. 23 Or we hope that they bond out. I mean, I know 24 unfortunately -- 25 COMMISSIONER BELEW: They're not going to 70 1 bond out. And I want y'all to know when we start 2 shipping them to another county, that's costing tax 3 dollars. So you're getting the low level guys -- 4 SHERIFF LEITHA: Right. 5 COMMISSIONER BELEW: -- stopping them on the 6 road. If we had MS-13 guys with the tattoos on their 7 necks robbing the local 7-Eleven, I'd be worried about 8 it. If we had drug -- if we had drug houses being 9 busted in Ingram, I'd be worried about it. 10 I agree with everybody here, we've got an 11 invasion going on. I also agree that if they don't stop 12 them in Kinney County, they're going to get here. But 13 if our jail is full of these low level people that 14 nobody's going to bond out, we got a problem. We got 15 another kind of problem. So you got to worry about the 16 consequences. Be careful what you wish for. 17 COMMISSIONER HARRIS: Yeah. They're the 18 easily replaced people. I mean -- 19 COMMISSIONER BELEW: Yeah. They're 20 expendable. They're throw away. 21 (Talking over.) 22 UNIDENTIFIED SPEAKER: Especially not in an 23 emergency. My God, children are dying of fentanyl. 24 Every day parents are going in and finding their kids 25 who never was a drug addict -- 71 1 JUDGE KELLY: If you want to speak, you've 2 got to speak from the podium. And we -- we need to move 3 on from this topic. 4 COMMISSIONER BELEW: So I'm just trying to 5 explain to everybody what the situation is. I am 6 sympathetic with the Sheriff. I'm sympathetic with you. 7 But in long term that's what we're going to face. And 8 there's going to have to be another grant and more 9 emergency. Because now we've got a different kind of 10 emergency. If we don't operate according to rule of 11 law. 12 JUDGE KELLY: I'm going to go ahead and call 13 the question. We have a motion and a second to approve 14 the Resolution as presented with regard to the Lone 15 Star -- Operation Lone Star grant application. Those in 16 favor raise your hand. Those opposed? I abstain. I'm 17 not voting for a political Resolution. 18 Okay. That will move us on to Item 1.17, 19 which is to consider, discuss and take appropriate 20 action to approve the alarm system monitoring agreement 21 with Beckwith Electronic Engineering for the Juvenile 22 Detention Center alarm system. Shane Evans. 23 MR. EVANS: Good morning, gentlemen. This 24 is just a basic renewal contract for the monitoring of 25 the Juvenile Probation building. Heather has made 72 1 her -- has accepted it with one notation. 2 MRS. DOWDY: I can't -- I can't hear you. I 3 don't know if the court reporter can hear you. 4 COMMISSIONER LETZ: Talk a little louder, 5 Shane. 6 MR. EVANS: Okay. I'm sorry. This is a 7 monitoring agreement with Beckwith to monitor the fire 8 panel at the juvenile detention building. It's a 9 renewal contract. Our County Attorney has went over it 10 with one notation on page 4. And it's for $402 a year, 11 annual, for the year to monitor that -- that building. 12 I was asking if y'all would accept the contract. 13 COMMISSIONER LETZ: Move for approval. 14 COMMISSIONER HARRIS: Second. 15 JUDGE KELLY: Got a motion and a second to 16 approve the -- renewing the contract with Beckwith 17 Electronics for the juvenile detention building. Any 18 discussion? Those in favor raise your hand. Unanimous, 19 five zero. 20 1.17(sic) consider, discuss and take 21 appropriate action to approve the installation of 22 flooring at the new West Kerr Annex Tax Office. 23 COMMISSIONER LETZ: 1.18. 24 JUDGE KELLY: 1.18. What did I say? 25 COMMISSIONER LETZ: 1.17. 73 1 JUDGE KELLY: 1.18. I stand corrected. 2 Shane. 3 MR. EVANS: Yes, sir. This is for the -- 4 the new West Kerr Annex Tax Office. The carpeting in 5 there is in pretty bad shape. Asking to have the 6 flooring put in. We got a price on that. It's $2,444 7 for the new flooring. And it's stuff we would be able 8 to do ourselves so it would just be the cost of 9 materials itself. 10 COMMISSIONER HARRIS: I will tell you that 11 they had cleaned the building out and the carpets look a 12 lot better, other than the tax office. And it's going 13 to get the most traffic. So this is a pretty reasonable 14 fix. 15 COMMISSIONER BELEW: This is the new place? 16 COMMISSIONER HARRIS: Yeah. Yes. And I 17 need to clear something else up that didn't talk about, 18 you know, looking at this building as long term. We 19 floated that idea. That's been bounced around here. 20 But let me tell you, I was involved in the negotiations. 21 It was made very clear to me that this was a two to 22 three-year temporary deal. They do not want us a long 23 time. So that was that. 24 So anyway, I move for approval. 25 COMMISSIONER GIPSON: Second. 74 1 JUDGE KELLY: Got a motion and a second to 2 approve installing the new flooring in the West Kerr 3 County Annex Tax Office. Any discussion? 4 COMMISSIONER BELEW: Well, wait a minute. 5 If they're going to kick us out, why are we improving 6 their building? 7 JUDGE KELLY: Because they're not charging 8 us anything. 9 COMMISSIONER GIPSON: It's just one month's 10 rent, and the other option -- 11 COMMISSIONER HARRIS: Harley, this is -- 12 this one is actually a safety hazard. That's what this 13 is. It bubbles up and what have you. So we've got to 14 do a few things. 15 UNIDENTIFIED SPEAKER: Are they tiling it 16 or -- are they tiling it, or are they carpeting again? 17 JUDGE KELLY: Please -- ma'am, come to the 18 podium, please. 19 UNIDENTIFIED SPEAKER: I'm sorry. 20 JUDGE KELLY: Ma'am? Please. 21 Shane, is it tile or linoleum or what? 22 MR. EVANS: It's going to be a composite 23 flooring. 24 JUDGE KELLY: Like we did downstairs? 25 MR. EVANS: Yes, sir. 75 1 JUDGE KELLY: Those in favor, please raise 2 your hand. Unanimous. 3 Approval agenda 2.1 budget amendments. 4 MS. SHELTON: There are not any. 5 JUDGE KELLY: 2.2 pay the bills. 6 MS. SHELTON: So invoices for today's 7 consideration, $1,083,123.53. We changed the format. 8 The dollars that you've looked at are all good. 9 COMMISSIONER BELEW: I just want to point 10 out that this must be a really boring topic. This is -- 11 this is the money that everybody's concerned about and 12 we're spending it here so. I don't know how really 13 concerned everybody is about it. They all left, but 14 I'll move for approval. 15 JUDGE KELLY: Anybody second? 16 COMMISSIONER GIPSON: Second. 17 COMMISSIONER HARRIS: You darn liberal. 18 JUDGE KELLY: Okay. Got a second. Got a 19 motion and a second to pay the bills as presented. All 20 those in favor say aye -- or raise your hand. I'm 21 sorry. Unanimous. 22 Next is late bills. 23 MRS. SHELTON: There are not any. 24 JUDGE KELLY: Auditor reports. 25 MRS. SHELTON: There are not any. 76 1 JUDGE KELLY: Thank you. 2 Monthly reports. 3 COMMISSIONER HARRIS: None. 4 JUDGE KELLY: Court Orders. 5 COMMISSIONER HARRIS: Yes. We have several. 6 Jackie and I have gone back and forth through and over 7 them this morning. We have Court Orders 39479 through 8 39505 for Monday, 8-22-22, regular meeting. And all are 9 in order. I move for approval. 10 COMMISSIONER BELEW: Second. 11 JUDGE KELLY: Got a motion and a second to 12 approve Court Orders as presented. Those in favor raise 13 your hand. Unanimous, five zero. 14 Moving on to the Information Agenda. Status 15 reports from Department Heads. Status reports from 16 Elected Officials. Status reports from Liaison 17 Commissioners. 18 COMMISSIONER HARRIS: Other than the 19 maintenance of the new building, we're looking at 20 Guardian. Bruce was -- had a guy from Guardian last 21 week over there at the new West Kerr Annex, looking at 22 the key system. I know the sheriff had been in favor of 23 key fobs and stuff. And we're going to get some quotes 24 and see what it would take. 25 COMMISSIONER LETZ: An update on the interim 77 1 HR Director. We have -- there's -- I've looked at -- we 2 had -- two candidates were submitted. One, I think I 3 might have mentioned to the Court before, didn't look 4 like it would fit at all. Another one was submitted. 5 One of them was very good. Another one was submitted. 6 It was very questionable to me that would be a good fit. 7 But one of them does look worthwhile. 8 So I guess my thought would be that I 9 coordinate with Jody and coordinate with everyone to 10 either add it to a meeting or just have that one person 11 come down, maybe both of them, so we can interview them 12 and see if we want to look at either one of those two or 13 not. 14 COMMISSIONER BELEW: The one you're talking 15 about that works for Austin? Is that government HR? 16 COMMISSIONER LETZ: He's done a lot of 17 government work. The -- the other one -- the thing 18 that -- the primary experience with the other one seems 19 to me on the resume, and I'll be glad to forward the 20 resume around to everybody. Give it to Jody. The small 21 municipality with a lot of financial. And I think we 22 need a person -- 23 COMMISSIONER BELEW: Personnel. 24 COMMISSIONER LETZ: We need personnel HR 25 emphasis. And the one person has had a lot of municipal 78 1 but larger municipalities but a true HR. The other one 2 seems to be pretty much a broader with the job that 3 person has had. 4 COMMISSIONER BELEW: And that's it? 5 COMMISSIONER LETZ: Those are the two that 6 they're submitting right now as an interim. And I'm 7 going to pass the word up to -- I'd like to see another 8 one. Try to get another one of the -- you know, we can 9 interview three. The two that we have. But I'd really 10 like to try to get another one. But I'll coordinate 11 with Jody to try to set up a meeting that we can add 12 that on the back of one of our -- maybe our September 13 11th meeting or at 1:00 o'clock or something like that. 14 JUDGE KELLY: September 12th. 15 COMMISSIONER LETZ: September 12th meeting. 16 That's where we are. 17 JUDGE KELLY: Okay. So we're going to take 18 a brief recess and go into Executive Session. We're 19 going to be -- items in Executive Session are 4.1(a), 20 which is consultation with our attorney. It's going to 21 be regarding the County's subdivision rules, the 22 manufactured home rental community and other land 23 development regulations. And related enforcement issues 24 and options and enactment procedures for revised county 25 land development regulations. 79 1 And then we also have an Executive item on 2 4.2(a), which is a personnel matter which we're going to 3 take up with Miss Hernandez. So let's take five minutes 4 and come back. 5 (Recess.) 6 JUDGE KELLY: So it is 12:41 and we are back 7 in Executive Session -- out of the Executive Session. 8 And oh -- 9 COMMISSIONER LETZ: 4.2. 10 JUDGE KELLY: 4.2, which is consider, 11 discuss and take appropriate action regarding wage 12 issues for three employees. And one we're going to 13 position to take action on; is that correct. 14 MRS. STEBBINS: Yes, sir. So if you'll just 15 use the title of the position instead of the name of the 16 employee. 17 JUDGE KELLY: Okay. Let's do the Chief 18 Juvenile Probation officer. 19 MRS. STEBBINS: Yes. Yes. To correct 20 the -- 21 COMMISSIONER LETZ: To correct his longevity 22 date to October 1, 2021, as opposed to the date that 23 was -- 24 JUDGE KELLY: Anniversary date. 25 COMMISSIONER LETZ: Anniversary date. 80 1 MRS. STEBBINS: Yes. Yes, sir. 2 JUDGE KELLY: So do we make a motion? 3 COMMISSIONER LETZ: I made that motion. 4 COMMISSIONER HARRIS: Second. 5 JUDGE KELLY: Got a motion and a second. 6 Those in favor raise your hand. Unanimous, five zero. 7 We're adjourned. 8 COMMISSIONER LETZ: Recessed. 9 JUDGE KELLY: Recessed. 10 (Off the record.) 11 JUDGE KELLY: We are recessed until 9 12 o'clock in the morning. 13 (Overnight recess.) 14 JUDGE KELLY: Court will come back to order. 15 It's from yesterday's recess. It is Tuesday, August the 16 30th, 2022, 9 o'clock in the morning and the Kerr County 17 Commissioners' Court is back in session, and a special 18 meeting. 19 And what we have today is I had had a chance 20 to met with the Sheriff and his staff yesterday. And 21 some of the distressing numbers that I had to review is 22 that we've had over two hundred and six undocumented 23 immigrants that have been detained. We've had 59 24 smuggling arrests. We've had at least over 18 thousand 25 dollars worth of property damage as a result of what's 81 1 going on here in Kerr County. 2 And in terms of we were talking about it 3 before we came to session, about the jail situation. So 4 far Kerr County has over just the last three months has 5 spent 65 thousand dollars taking care of these inmates. 6 And while this is not maybe an earth 7 shattering disaster, it is nonetheless a local disaster 8 for us. These expenses are prohibitive and we don't 9 have them in our budget. 10 So I have declared as of today, this 11 morning, just right before I came in, I signed the order 12 declaring a local state of disaster due to the ongoing 13 border crisis. I did not say that there was any eminent 14 danger, but there is a real and present danger and 15 threat from this. And that our -- thankfully, our law 16 enforcement has not been overwhelmed. It's strained. 17 It's threatening. But thank goodness they are able to 18 keep our citizens safe. 19 And I did not authorize the Governor to send 20 in the National Guard. If we get to the point that we 21 need that, I want it supervised by the Sheriff and not 22 somebody from Austin, and that's just the way I feel 23 about it. 24 So with that, I have signed the order, and 25 reported the findings from the Sheriff's office. And 82 1 based on that, we now have a local state of disaster. 2 COMMISSIONER LETZ: And I'm not sure if it's 3 1.15 or 1.16, we need to, or we can, the Court needs to 4 either extend it indefinitely, or for a fixed period of 5 time; otherwise, it will expire in seven days as I 6 understand it, Judge. 7 JUDGE KELLY: That's correct. And way we 8 did it last time with the pandemic was for the first few 9 months we did it every week, which was unnecessary. So 10 what we finally did was authorize the -- have the Court 11 approve the extension of it, automatically, unless 12 revoked either by me or the Court. That way the Court 13 still retains control over whether or not we have the 14 State of Disaster. But it allows us to do it without 15 having to talk about it weekly. 16 MRS. STEBBINS: It's 116, so you'll need to 17 call item 116 so that y'all can take action to extend 18 it. And I think that the -- if it's going to be 19 terminated, I think that it has to be done by action of 20 the Court. 21 JUDGE KELLY: Okay. Good. And we'll recall 22 item 1.16 consider, discuss and take appropriate action 23 for a disaster declaration due to the increased law 24 enforcement need resulting from the border-related 25 criminal activity in Kerr County. 83 1 And that would be to report to extend it 2 until revoked. 3 MRS. STEBBINS: Yes, Sir. 4 COMMISSIONER HARRIS: I move for approval. 5 COMMISSIONER LETZ: Second. 6 JUDGE KELLY: Got a motion and second. 7 Discussion? 8 COMMISSIONER LETZ: Discussion. I believe 9 there's a resolution to that, so is it just the Court 10 order's all we need? 11 JUDGE KELLY: Yeah, we did the Resolution 12 yesterday. I signed it. 13 MRS. STEBBINS: Okay. So the grant -- the 14 Judge has signed a disaster declaration, and there is an 15 extension order that I prepared for all the members of 16 the Court to sign that Jody should have. 17 JUDGE KELLY: Okay. I haven't seen that one 18 yet. Everything else is signed. 19 COMMISSIONER GIPSON: I agree to endorse the 20 extension until the Judge revokes, because I know that 21 calls for a disaster is a tough one. But this is 22 getting worse rather than better, and we know this has 23 been going quite awhile. 24 JUDGE KELLY: And that's really the gist of 25 the conversation I had with the Sheriff yesterday. And 84 1 I don't want to disclose anything that's confidential, 2 but the information that I have is that what the 3 Cartel's plans are is going to make it more dangerous 4 than less dangerous. And the last thing I want to do is 5 have people's lives and property at risk, without being 6 able to take advantage of whatever funds may be 7 available out there. 8 COMMISSIONER HARRIS: I'm confident that 9 this is going to get done, you know. It's just finally 10 something that you're comfortable with and the Sheriff's 11 comfortable with, and all of us. So win-win for Kerr 12 County. 13 JUDGE KELLY: But I don't want to send a 14 message that everybody needs to be shaking in there 15 boots with fear, because frankly we're in pretty good 16 shape. But we are preparing to be in better shape. 17 COMMISSIONER HARRIS: Okay. 18 JUDGE KELLY: Sheriff? 19 SHERIFF LEITHA: Yeah, Judge, and 20 Commissioners. I really want to thank you on behalf of 21 me and the whole Sheriff's office. I know we had to 22 work a lot of things out here, but we really appreciate 23 it. But I know the public will be happy. Because you 24 know we talk about unfunded mandates. It frustrates me 25 because I face them everyday. And now I'm being able to 85 1 use the taxpayers money towards what it should be used 2 as, you know, our local enforcement. 3 These are funds that will strictly be used 4 for that, and they're coming from out of county, and 5 that's really going to help us out. We'll see how this 6 first year goes, the second year. You know if we do 7 start filling our jail, we'll look at other avenues and 8 look at getting some funding for that. But like I said, 9 I really appreciate it, I think this is going to work 10 out for the best. 11 JUDGE KELLY: And if you'll give that to the 12 County Clerk. 13 Is there any other business before the 14 Court? 15 MRS. DOWDY: We need to take a vote. There 16 is a motion and a second. 17 JUDGE KELLY: Got a motion and a second. 18 Those in favor raise their hand. Unanimous, four zero. 19 And I'm sure if Commissioner Belew were here he would 20 vote with us. 21 COMMISSIONER HARRIS: Without a doubt. 22 JUDGE KELLY: I think this is a unanimous 23 decision by us all. 24 So with that Court is adjourned. 25 * * * * * * 86 1 STATE OF TEXAS * 2 COUNTY OF KERR * 3 I, DEBRA ELLEN GIFFORD, Certified Shorthand 4 Reporter in and for the State of Texas, and Official 5 Court Reporter in and for Kerr County, do hereby certify 6 that the above and foregoing pages contain and comprise 7 a true and correct transcription of the proceedings had 8 in the above-entitled Special Commissioners' Court. 9 Dated this the 19th day of September, A.D. 10 2022. 11 12 /s/DEBRA ELLEN GIFFORD Certified Shorthand Reporter 13 No. 953 Expiration Date 04/30/2023 14 * * * * * * 15 16 17 18 19 20 21 22 23 24 25