1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Regular Session 5 Tuesday, October 11, 2022 6 9:00 a.m. 7 Commissioners' Courtroom 8 Kerr County Courthouse 9 Kerrville, Texas 78028 10 11 12 13 14 15 16 17 18 19 20 21 22 23 PRESENT: ROB KELLY, Kerr County Judge HARLEY BELEW, Commissioner Precinct 1 24 T. BECK GIPSON, Commissioner Precinct 2 JONATHAN LETZ, Commissioner Precinct 3 25 DON HARRIS, Commissioner Precinct 4 2 1 I-N-D-E-X 2 NO. PAGE 3 1.2 Consider, discuss and take appropriate 5 action to approve proposed memberships 4 for Bonnie Arnold, Sonya Hooten, Angela Kennedy, and Stan Kubenka for the Kerr 5 County Historical Commission. 6 1.3 Consider, discuss and take appropriate 7 action to approve Proclamation declaring 7 October 2022 as "Hill Country Night Sky Month." 8 1.1 Public Hearing pursuant to Chapter 232 of 10 9 the Texas Local Government Code, Section 35.019 of the Texas Water Code, and other 10 authority, a public hearing will be conducted by the Commissioners Court regarding the 11 proposed Subdivision and Manufactured Home Rental Community Regulations for Kerr County, 12 Texas("Regulations"). The proposed Regulations may be: (a) reviewed and copied 13 during regular business hours at the business office of the Hon. Rob Kelly, the County 14 Judge of Kerr County, Texas, at his business office in the Kerr County Courthouse at 700 15 East Main Street, Kerrville, Texas 78028 (telephone 830-792-2211), or (b) reviewed and 16 downloaded from the County's internet website at www.co.kerr.tx.us 17 *** Public Input. 45 18 *** Commissioners' Comments. 69 19 1.4 Consider, discuss and take appropriate 70 20 action to approve copier contract with Ricoh for Precinct 1. 21 1.5 Consider, discuss and take appropriate 71 22 action on request from Kerr County Constable Precinct 3 to accept donated equipment. 23 1.6 Consider, discuss and take appropriate 73 24 action on request to apply for the Advanced Law Enforcement Rapid Response Training 25 (ALERRT) Travel Assistance, FY 2023 grant. 3 1 I-N-D-E-X 2 NO. PAGE 3 1.7 Consider, discuss and take appropriate 75 action regarding Addendums #1 and #2 4 related to the Request for Proposal (RFP) for a new county-wide communication system 5 for the Kerr County Sheriff's Office and Volunteer Fire Departments. 6 1.8 Consider, discuss, and take appropriate 77 7 action to approve Interlocal Agreement with local entities for the Hazardous Mitigation 8 Action Plan (HMAP), and allow County Judge to sign same. 9 1.9 Consider, discuss and take appropriate 78 10 action regarding the 2023 Kerr County Resolution in support of the grant application 11 for the "FY 2023 Indigent Defense Formula Grant Program" offered by the Texas Indigent 12 Defense Commission (TIDC), and authorize the County Judge to sign said Resolution. 13 1.10 Consider, discuss and take appropriate 80 14 action to approve Interlocal Agreement between Kerrville Independent School District 15 (KISD) and Kerr County to allow KISD to use the Hill Country Youth Event Center as an 16 emergency evacuation site for FY 22-23 (October 1, 2022 to September 30, 2023. 17 1.11 Consider, discuss and take appropriate 81 18 action to award the Annual Bid for Delivered Fuel. 19 1.12 Consider, discuss and amend the Court Order 82 20 No. 39488 by replacing two (2) Election Judges for the term of one (1) year in accordance 21 with the Texas Election Code Section 32. 22 1.13 Consider, discuss and take appropriate 83 action to accept OOG Grant Number 4498701 23 (County Innovations Grant to Address Commercial Sexual Exploitation). Grant 24 submission was done by Mercy Gate Ministries in partnership with Kerr County. 25 4 1 I-N-D-E-X 2 NO. PAGE 3 1.14 Consider, discuss and take appropriate 86 action to approve the contract with 4 DOCUmation and to authorize the equipment removal and buyout of the UBEO contract 5 number 015-1420983-000, and allow the County Judge to sign same. 6 1.15 Consider, discuss and take appropriate 87 7 action to approve Memorandum of Understanding (MOU) between Kerr County and the Texas 8 Department of Public Safety (DPS) to obtain driver records. 9 1.16 Consider, discuss, and take appropriate 88 10 action to increase the rental fee for the Union Church building for all contracts 11 executed after January 1, 2023. 12 2.2 Pay Bills. 92 13 2.5 Accept Monthly Reports. 93 14 2.6 Court Orders. 94 15 2.6a Consider, discuss and take appropriate 95 action on approving (as to form) Court 16 Orders 39558-39593 from 09-26-2022 regular term. To address making a correction to 17 Court Order 39582 from 09-26-2022, to address making a correction to 39545 from 09-12-2022, 18 to address making a correction to Court Order 39481 from 08-22-2022, and to address 19 making a correction to Court Order 39073 from 11-15-2021. 20 3.3 Status reports from Liaison Commissioners. 98 21 *** Adjournment. 98 22 *** Reporter's Certificate. 99 23 * * * * * * 24 25 5 1 JUDGE KELLY: Court will come to order. It 2 is Tuesday, October the 11th, 2022 at 9:00 o'clock in 3 the morning, and the Kerr County Commissioners' Court is 4 now in session. If you would, please stand for the 5 prayer and pledge. 6 (Prayer and Pledge.) 7 JUDGE KELLY: Please be seated. For those 8 of you that just arrived, I've made the announcement a 9 couple times. We have to rearrange our agenda little 10 bit today. We want to make sure that we have an 11 opportunity to hear everyone and receive your input. We 12 have a public hearing scheduled at 9:00 o'clock that we 13 need to do and then we have to go into Executive Session 14 afterward, for us to get the advice of our council. So 15 that is the number one priority for today. 16 We're going to take public input after the 17 public hearing. So if you want to wait in here, you're 18 welcome to. There's a courtroom available upstairs. 19 You can go wait up there. And the Sheriff can point 20 that out to you. 21 Now, with that, we're going to skip over 22 public input briefly and move on to the agenda. And 23 I've got two people that are -- came in for 24 presentations that I'm going to take first before we 25 start the public hearing. And that's Item 1.2, which is 6 1 to consider, discuss and take appropriate action to 2 approve proposed memberships for Bonnie Arnold, Sonya 3 Hooten, Angela Kennedy, and Stan Kubenka for the Kerr 4 County Historical Commission. Bunny Bond. 5 MS. BOND: My name is Bunny Bond. I'm the 6 vice chair of the Kerr County Historical Commission. 7 I'm a resident of Kerr County, Precinct 4. And I am 8 substituting for the chair of the Historical Commission, 9 Julie Leonard, who is ill today. 10 Judge Kelly and Commissioners, the Executive 11 Board of the Historical Commission recommends the 12 following four individuals for membership on the Kerr 13 County Historical Commission: Bonnie Arnold. Is Bonnie 14 here in the courtroom? 15 COMMISSIONER BELEW: I saw her outside. 16 MS. BOND: Did you? 17 COMMISSIONER BELEW: She's here somewhere. 18 MS. BOND: Sonya Hooten, who is not able to 19 be here today. Angela Kennedy, and Stan Kubenka. All 20 four individuals are known to the Commissioners' Court. 21 Each nominee has completed an application for membership 22 as required by the bylaws of the Kerr County Historical 23 Commission. 24 Kerr County's fortunate to have these four 25 individuals interested in serving as members of the 7 1 Historical Commission. The Executive Board of KCHC is 2 seeking approval of the nominees as required by law from 3 the Kerr County Commissioners' Court. 4 So I want to introduce to you Bonnie Arnold, 5 long time journalist in Kerr County. We're very pleased 6 to have her interested in serving. Angela Kennedy, who 7 is the new executive director of the Heart of the Hills 8 Heritage Center. And she was introduced to the Court I 9 think at the last Commissioners' Court meeting. And 10 Stan Kubenka, retired businessman from the County. And 11 he was a great help to us at the summer history camp 12 this summer the first week in June. So if it is your 13 pleasure to accept this nomination. 14 JUDGE KELLY: I'll make a motion that we 15 approve the nominees that will be appointed to the Kerr 16 County Historical Commission. 17 COMMISSIONER BELEW: Second. 18 JUDGE KELLY: Okay. A motion and a second. 19 Any discussion? We really appreciate what the 20 Commission does. So with that, those in favor raise 21 your hand. Unanimous, five oh. Congratulations. 22 COMMISSIONER LETZ: Thank y'all. 23 MS. BOND: Thank you very much. 24 JUDGE KELLY: Then we're going to do Item 25 1.3, which is consider, discuss and take appropriate 8 1 action to approve the proclamation declaring October 2 2022 as "Hill Country Night Sky Month." Dr. Rector. 3 DR. RECTOR: Good morning, Judge Kelly, 4 Commissioners. This would be the third year in a row 5 that we have come to you and asked you to consider a 6 Proclamation declaring October "Hill Country Night Sky 7 Month." 8 You passed in 2017 a court order which also 9 designated Kerr County as a Night Sky area. We have 10 observatories in this community with one of our 11 astronomers here with us this morning. We also have an 12 observatory on the Schreiner University campus that is 13 very active, and utilizes the Night Sky, and we have 14 many activities during the month of October to celebrate 15 the Night Sky in the Hill Country. 16 We will join 11 other Hill Country counties 17 in naming October as the "Hill Country Night Sky Month." 18 And I ask your consideration of that Proclamation. 19 COMMISSIONER LETZ: I'll make a motion to 20 approve the Proclamation. 21 COMMISSIONER GIPSON: Second. 22 JUDGE KELLY: Got a motion and a second to 23 approve declaring October 2022 as Hill Country Night Sky 24 Month. Any discussion? Those in favor raise your hand. 25 Unanimous, five zero. 9 1 COMMISSIONER BELEW: No, it's not. 2 JUDGE KELLY: Oh. 3 COMMISSIONER BELEW: I don't believe in this 4 stuff. 5 JUDGE KELLY: Oh, the Proclamation? 6 COMMISSIONER BELEW: I don't. 7 JUDGE KELLY: Well, actually I sympathize. 8 COMMISSIONER BELEW: Stuff that starts off 9 this way and becomes a rule later on. And nothing 10 personal, Bill, but I just don't believe in it. So if 11 you want to see the Night Sky, go out to Monahans. 12 MRS. DOWDY: So what was the official vote? 13 JUDGE KELLY: Four -- did you vote against 14 or abstain? 15 COMMISSIONER BELEW: I vote against it. 16 JUDGE KELLY: Okay. Four, one. 17 DR. RECTOR: Thank you, gentlemen. 18 JUDGE KELLY: Thank you. 19 Now I'm trying to get us back on track. I 20 know this is a little out of the ordinary, but this is 21 Chuck Kimbrough, who is our legal counsel from Austin 22 with the Bickerstaff firm, and he has been working two 23 years with us, and it's cost us some money. But it's 24 been worth it. And we're going to go into this public 25 hearing in just a second on the proposed subdivision 10 1 rules that we're going to try to fine tune. 2 So with that, I'm going to go ahead and 3 announce anybody -- I know we have people out here in 4 the audience that are going to speak on the subdivision 5 rules. But the others that just want public input. If 6 you want to take a break, hang out upstairs, play Sudoku 7 or whatever it is on your phone. 8 So I'm going to go ahead at this time and 9 I'm going to call the meeting to order. This is a 10 public hearing pursuant to Chapter 232 of the Texas 11 Local Government Code, Section 35.019 of the Texas Water 12 Code, and other authority. A public hearing will be 13 conducted by the Commissioners Court regarding the 14 proposed Subdivision and Manufactured Home Rental 15 Community Regulations for Kerr County. 16 This proposed regulation may be: 17 (a) reviewed and copied during regular business hours of 18 the business office of me, the County Judge, Rob Kelly's 19 office, or Kerr County Courthouse, and (b) may be 20 reviewed and downloaded from the County's internet 21 website. 22 So having done that, I call the meeting to 23 order. And Chuck, I guess we -- where do we start here? 24 MR. KIMBROUGH: The public hearing draft was 25 posted on your website. Notice was posted in the 11 1 newspaper. You read basically the guts of the notice. 2 JUDGE KELLY: Right. 3 MR. KIMBROUGH: Are there any questions of 4 the Court for me before we begin? 5 COMMISSIONER HARRIS: No, but you probably 6 ought to go to the podium. 7 MR. KIMBROUGH: Yes, sir. 8 COMMISSIONER HARRIS: Well, I mean 9 everybody's watching it from home. 10 MR. KIMBROUGH: Yeah, that's true. 11 JUDGE KELLY: We're on YouTube. So folks on 12 YouTube, this is Chuck Kimbrough, who is our local 13 government attorney. 14 MR. KIMBROUGH: The famous lawyer in my home 15 county, my uncle, and my first law partner always tried 16 to say stay out of the photo or the -- 17 COMMISSIONER HARRIS: And I messed that up, 18 didn't I? 19 MR. KIMBROUGH: You caught me on it, 20 Commissioner Harris. 21 Do the Court members, staff, or the County 22 Attorney have any questions for me before the public 23 hearing begins? 24 JUDGE KELLY: This is -- we've begun the 25 public hearing. 12 1 MR. KIMBROUGH: Yes, sir. 2 JUDGE KELLY: And so -- 3 MR. KIMBROUGH: Before the -- 4 JUDGE KELLY: And you -- you've submitted 5 the proposed subdivision rules revision and appendix. 6 Is that correct? 7 MR. KIMBROUGH: Yes, sir. 8 JUDGE KELLY: And we put them on our website 9 and made them available to the public? 10 MR. KIMBROUGH: Yes, sir. 11 JUDGE KELLY: Okay. So with that, please 12 take your seat. And the floor is open. This is a 13 public meeting. Who would like to address the Court on 14 subdivision rules? John Hewitt? 15 MR. HEWITT: Good morning. My name is John 16 Hewitt. I have two comments on the proposed rules. 17 Specifically the roadway section. And specifically 18 Table 7 on Page 64. 19 JUDGE KELLY: Okay. We're going to go by 20 the rules. On the upper, right-hand corner is what we 21 call the page number. Is that page 64? 22 MR. HEWITT: Yes. 23 MRS. DOWDY: I'm sorry. I have a quick 24 question, Judge? Are these timed? Are -- is any of 25 this timed? 13 1 JUDGE KELLY: No, this is a public meeting. 2 MRS. DOWDY: Thank you. Okay. 3 JUDGE KELLY: Okay. We're on Page 64. 4 MR. HEWITT: So currently for a collector 5 road, which serves 60 lots or more, the pavement width 6 is 24 feet. In the proposed regulations, that's 7 increased up to 32 feet, which would be I guess two 8 16-foot lanes is what we're proposing. And I would say 9 that that's overkill. We don't need two 16-foot lanes. 10 Two 12-foot lanes is, I think, adequate. In fact -- 11 JUDGE KELLY: Can you point out where on the 12 chart you're -- 13 MR. HEWITT: Yeah. It's the collector road. 14 It's the minimum pavement width and it's showing 32 15 feet. 16 JUDGE KELLY: We've got paved, unpaved -- 17 MR. HEWITT: Keeping going over. It's the 18 fourth row on your right. So if you're -- 19 JUDGE KELLY: So 36 feet, not 32? 20 MR. HEWITT: There's the minimum base width 21 is 36 feet. 22 JUDGE KELLY: Okay. 23 MR. HEWITT: And then three rows below that 24 is pavement width. 25 JUDGE KELLY: All right. Okay. 14 1 MR. HEWITT: And so currently it's 24 feet. 2 This is proposing to increase it to 32 feet. And, you 3 know, TxDOT standards for a state highway -- so State 4 Highway 41 or 27 or 39 is two 12-foot lanes. And I 5 think that's plenty. I think it's overkill to increase 6 this by 33 percent. 7 It adds cost to the developer, but it also 8 adds cost to the homeowner's association because they're 9 going to have to maintain 33 percent more pavement, and 10 even the County is going to have to maintain more, 33 11 percent more pavement, and I just think that's more 12 pavement than we need in the County. 13 So my recommendation is that we keep that 14 width at 24 feet, seeing as how it's adequate for the 15 State Highways that bring the traffic to those 16 subdivisions. 17 JUDGE KELLY: Okay. Any comment from the 18 Court? 19 COMMISSIONER GIPSON: Are you recommending 20 also a change to the minimum compacted depth base? 21 MR. HEWITT: Yeah, I -- I think it should be 22 reduced from 36 feet to -- back to 28 feet. That's a 23 cost for the County forever to maintain these roads 24 because they're not privately maintained. 25 And then I have one other comment on this 15 1 table. It has to do with the unpaved country lane. 2 Right now you have less than eight lots. We will 3 allow -- or the County allows you to have an unpaved 4 county road. The changes won't allow that unless 5 they're ten acre minimums. 6 So the example I would say is if you had an 7 18-acre lot and you wanted to split that in two, you 8 wanted to just give it to -- or have two lots on there, 9 right now you could put a caliche road in to serve the 10 two lots. With the new changes, you'll have to have a 11 local road standard, which is a paved road to serve 12 those two lots, the same standard that if you had 60 13 lots on there. 14 I just think there needs to be some sort of 15 exception. If you're just -- got 15 acre lot and you 16 want to split it in two, you shouldn't have to put a 17 local road in. Again, I think it's just too much 18 pavement. I think we've got plenty of pavement in the 19 County already. So that's -- that's my comments on the 20 subdivision rules. 21 JUDGE KELLY: Are you talking about the 22 minimum pavement width in the first column of unpaved 23 country lane? 24 MR. HEWITT: Correct. In fact, you can't 25 use an unpaved country lane unless you have ten acre 16 1 lots minimum. If you have more than -- if you have less 2 than ten acres, you can't use that unpaved country lane 3 the way it's written. 4 JUDGE KELLY: Okay. Thank you. Anything 5 else? 6 MR. HEWITT: That's it. 7 JUDGE KELLY: Now John, so that you know, 8 you just spoke, and for the others that are here to talk 9 about the subdivision rules, we will go into Executive 10 Session and fine tune and try to tweak these rules as 11 need be as soon as the public hearing is over. And so 12 we need your input today to try to get this finalized 13 version out to the public. Thank you. Anybody else 14 want to address the Court? 15 MRS. DOWDY: I have Kari Potter. 16 MS. POTTER: I was going to relinquish my 17 time to Janet. So since it's not timed it doesn't 18 matter. 19 MS. BUCHERT: Well, Judge, sorry about that. 20 JUDGE KELLY: Just by way of housecleaning, 21 we didn't get John's name at the beginning of this, but 22 the first speaker was John Hewitt who is a civil 23 engineer. And now we have -- if you would identify 24 yourself. 25 MRS. BUCHERT: Yes, my name is Janet Buchert 17 1 and I am a resident of Center Point, and I am speaking 2 on behalf of the Center Point Committee For Progress and 3 Growth, which includes these two ladies sitting on the 4 row with me, and my husband. 5 And I am speaking to give the committee's 6 comments on the proposed rules, specifically with regard 7 to the water availability requirements proposed in 8 Section 5.08. And I'm going to be reading from this 9 because I have a lot to say. I will try to not put a 10 lot of technical things in my comments. I believe you 11 guys all got a copy of what I'm going to say. But for 12 those of you that are sitting in the audience and don't 13 know, I've got -- it's a little long, it's longer than 14 John Hewitt's presentation, but I think that these 15 comments deserve to be heard, and so -- 16 Your acknowledgement of the importance of 17 Kerr County's water availability requirement is 18 essential for the long-term sustainability to Kerr 19 County's water resources. These rules represent a 20 reasoned approach to balancing Kerr County's limited 21 water resources with its continuing economic 22 development. 23 The Committee commends the Commissioners' 24 Court for addressing Kerr County's critical groundwater 25 problems, and for continuing Kerr County's water 18 1 availability requirements in the Proposed Rules. 2 Additionally, by incorporating Headwaters Groundwater 3 Conservation District's rules in the Proposed Rules, 4 Kerr County's groundwater protections are enhanced and 5 coordinated. 6 The Proposed Rules' Water Availability 7 Requirement includes two key requirements to prevent the 8 current or projected water use in Kerr County from 9 exceeding the safe and sustainable yield of the county's 10 water supply. One, a water availability study, and two, 11 compliance with Headwaters' then current rules and 12 regulations. 13 We believe that the combination of these two 14 requirements is a step in the right direction to address 15 the critical water problems that Kerr County faces -- as 16 identified by the James Beach report to Headwaters 17 earlier this year. 18 In addition, the use of the two rules brings 19 Kerr County into alignment with its neighboring 20 counties, which have used both a water availability 21 study and criteria similar to that used in the County's 22 current subdivision rules for many years. 23 We believe that the approach of the Proposed 24 Rules (using Headwaters' criteria) is preferable to the 25 current subdivision rules approach, which relies on 19 1 averages and historical guesstimates, given the level of 2 the Trinity aquifer declines over the last 20 years and 3 given the geologic complexity and compartmentalization 4 of the various aquifers across Kerr County. Backstopped 5 by water availability studies -- and the need for more 6 recent, accurate, and focused information. For example, 7 transmissivity as noted by the Beach report, to support 8 prudent policy choices. The Proposed Rules have 9 appropriately focused on protecting groundwater to 10 address Kerr County's critical water issues. 11 That being said, the Committee offers the 12 following comments and recommendations: 13 The County has provided three exceptions to 14 its Water Availability Requirements to certain 15 subdivisions required to be platted after the effective 16 date of the regulations. It appears that the County is 17 concerned about the cost of doing a water availability 18 study for certain subdivisions, and so has excepted 19 those subdivisions if they meet the requirements. All 20 exceptions involve subdivisions not subject to the Model 21 Subdivision Rules. 22 We appreciate that there are concerns about 23 the cost of a water availability study, but we would ask 24 if the exceptions are necessary given our comments 25 above. It should be noted that the current subdivision 20 1 rules water availability requirement do not except any 2 subdivision from application. 3 Furthermore, the proposed regulations 4 exceptions to the Water Availability Requirements would 5 eliminate those subdivisions from providing both one, a 6 water availability study, and two, compliance with 7 Headwaters' then current rules and regulations. Thus, 8 the exceptions would: (1) loosen the Water Availability 9 Requirements' protections by eliminating ALL 10 requirements for excepted subdivisions; (2) it would 11 create a disconnect with Headwaters' rules and 12 regulations; and (3) they would go beyond the cost 13 concern for a water availability study. 14 The use of these exceptions could cause Kerr 15 County to face pressure for more exceptions and 16 variances from the Proposed Rule's requirements, or 17 could expose Kerr County to litigation. 18 We do not believe this is what the County 19 intended. As such, we offer the following comments: 20 If the Commissioners' Court decides to keep 21 any or all of these exceptions, we recommend that the 22 County clarify that it is only excepting the requirement 23 for a water availability study, by adding the following 24 language to the end of Section 5.08 (1): "The rules of 25 Section 508(3)(b), dealing with Headwaters compliance, 21 1 are still applicable to the exempted subdivisions in 2 5.08(1)." 3 This would clarify that Headwater's rules 4 are still applicable to the subdivision notwithstanding 5 the exception to do a water study. In addition, this 6 clarification enables the coordination between 7 Headwater's rules and the County's rules for a plat and 8 plat application to be approved, as the developer can 9 make its required statements under Exhibit S and 10 Headwaters can make its certifications under Exhibit B. 11 We recommend that the County keep data on 12 the number and type of subdivisions that apply for the 13 exceptions, given the need to ensure that, "the 14 exceptions don't swallow the general rule." In this 15 way, the County should be able to monitor the use of the 16 exceptions, given the need for enhanced and coordinated 17 Water Availability Requirements, and make changes as 18 needed. 19 For those subdivisions not excepted from the 20 Water Availability Requirements above, a developer must: 21 (1) provide a groundwater sufficiency disclosure 22 statement and certification, and transmit information to 23 Headwaters and the Texas Water Development Board as 24 required; (2) provide documentation with the plat and 25 plat application showing that the subdivision is in 22 1 compliance with the then current Headwaters rules; (3) 2 provide a surface water sufficiency disclosure 3 statement, if applicable; (4) provide that the plat and 4 plat application are in compliance with the water 5 availability requirements of the Model Subdivision 6 Rules; and (5) provide a water availability study that 7 shows an adequate supply of water of sufficient quantity 8 and quality for a 30-year period to supply the number of 9 lots proposed for this platted area. 10 It should be noted that there is some 11 confusion with the "water availability requirements of 12 the Model Subdivision Rules." First of all, only the 13 Proposed Rules, and not the Model Subdivision Rules, 14 define Water Availability Requirements. As the term is 15 not defined in the Model Subdivision Rules, the Model 16 Subdivision Rules would direct one to use "other 17 requirements (including methodology) described in 18 Sections I through IX of these Regulations which do not 19 conflict with or are not superseded by these Model 20 Rules." 21 And while the Model Subdivision Rules 22 incorporate a TAC 230 water availability study like the 23 Proposed Rules, the Proposed Rules have additional 24 requirements beyond the water availability study as 25 noted above -- the primary one being in compliance with 23 1 the then current Headwaters' rules. 2 Furthermore, the provisions of TAC 230 3 explicitly state that these rules do not replace the 4 authority of counties within the designated priority 5 groundwater management area under Texas Water Code, 6 Section 35.019 or the authority of groundwater 7 conservation districts under Texas Water Code Chapter 8 36. Kerr County is such a designated area. But the TAC 9 230 water study does not replace water availability 10 requirements adopted by Kerr County unless there is a 11 conflict. 12 We believe that there is no conflict in 13 applying both Section 5.08 in the Model Subdivision 14 Rules where there is a more stringent subdivision rule 15 with the minimum standard Model Subdivision Rule as 16 confirmed by the Texas Water Development Board counsel. 17 Similarly, the Texas Attorney General's 18 Office states that there is no conflict in applying both 19 Subchapter A Subdivision Rules with Subchapter C Model 20 Subdivision Rules to the platting rules. If the County 21 were to treat subdivisions subject to the Model 22 Subdivision Rules as only needing to obtain a water 23 availability study, this would effectively gut the 24 Proposed Rules' Water Availability Requirements. 25 Clearly, this is not what the County intended by 24 1 incorporating Headwater's rules in order to enhance Kerr 2 County's Water Availability Requirements. 3 As such, we recommend that the County 4 clarify the language of Section 5.08(3)(d) as follows: 5 "The submitted subdivision plat application and plat 6 shall show compliance with the water availability 7 requirements of Section 5.08 and the applicable rules of 8 Section 5.01.F, whether the water source for the 9 subdivision is groundwater or surface water." 10 Finally, the Proposed Rules note that other 11 water availability requirements are available to use 12 beyond the Headwaters' rules, and lists the 13 administrative rules of Chapter 232 of the Local 14 Government Code as one of those items. The Proposed 15 Rules cite Subchapters B, C, and E of Chapter 232 as 16 support for this. We would note that Kerr County is not 17 eligible to adopt Subchapter B; but even if it were, the 18 adoption of Subchapter B would preclude Kerr County from 19 implementing both the Subchapter A platting rules and 20 the Subchapter C platting rules, as provided under the 21 statute. We do not believe that this was what was 22 intended by the Proposed Rules; rather, the reference 23 should be to Subchapters A, C, and E of Chapter 232 of 24 Local Government Code. As such, we recommend that the 25 County clarify this matter by replacing "Subchapter B" 25 1 with "Subchapter A." 2 In summary, Kerr County needs strong Water 3 Availability Requirements to prevent the current or 4 projected water use in Kerr County from exceeding the 5 safe and sustainable yield of the county's water supply. 6 As Judge Kelly has mentioned a number of times, 7 Commissioners' Court, which I checked to be the Army on 8 the ground, and Headwaters (Navy), water, must 9 coordinate their Water Availability Requirements, which 10 is WAR, their WAR efforts, okay, to deal with the 11 critical water problems in Kerr County. We believe that 12 they have done so in these Proposed Rules, particularly 13 if our proposed clarifications are made. 14 We appreciate your consideration of our 15 comments. Please let us know if you need anymore 16 information before the Commissioners Court finalizes the 17 Proposed Rules. Thank you. 18 JUDGE KELLY: Thank you, Ms. Buchert. 19 Kari, did you want to address the Court? 20 MS. POTTER: I'm not, no. 21 JUDGE KELLY: Okay. Pablo Brinkman? 22 MR. BRINKMAN: Commissioners, Judge Kelly. 23 Pablo Brinkman, 3928 Oak Park Drive. We're a local real 24 estate brokerage. I just kind of have a general 25 comment. Thank you for all the effort that's spent 26 1 today. Obviously a lot of intense feelings and I was 2 going to ask that young lady, could you repeat 3 everything for me? It went way over. 4 JUDGE KELLY: She's got it. 5 MR. BRINKMAN: Yeah. No, I would just 6 encourage the Commissioners, Judge, to do similar to 7 what's done in the City where we get others involved 8 from Headwaters Groundwater, real estate, engineers. 9 The more people like in a committee to look at things 10 like this before it's adopted or before it's to this 11 point. I realize we may be too far down the road in 12 this, but there's going to be a lot of things that -- 13 that are going to be coming up that either, A, we missed 14 or if we didn't understand, or things like that. 15 Just the little examples that John Hewitt, 16 Mr. Hewitt brought up. I was doing some quick math on 17 something that we've done. I mean, this is going to add 18 $2 million to a project on a road. So just different 19 things like that. I don't have any particular call out 20 because I know it's very intense but we're adopting this 21 for the future. We're adopting this for a better Kerr 22 County. 23 And I know we -- we look at other things 24 that are out there in the market and we have a different 25 area from water use to topography to how things are 27 1 done. So similar to what we do in the City where we 2 have a little bit of changes. But I think have an input 3 from those that are out there digging the ditches, for 4 lack of a better term, to help the Commissioners to 5 help. I would just encourage that. So that's something 6 that's proved beneficial when major things like this are 7 adopted. Not too dissimilar to the Kerrville 2050 plan, 8 but there's going to be a lot of things that just 9 through my quick read, we're all like, whoa, that's 10 going to affect this or this is really going to affect 11 this downstream. 12 So that would just be my encouragement if 13 you could possibly -- we would rather pause versus, I 14 know Judge Kelly you said, hey, we want to get on with 15 the movie, we want to get in here and try to make 16 changes, things like that. There's going to be a lot 17 more that's going to come up as it grows. So thank 18 y'all. 19 MRS. DOWDY: Judge, I have Kathleen 20 Brinkman, I'm sorry, and then one other gentleman. 21 DR. RECTOR: Bill Rector, 1425 Harper Road. 22 And I want to commend you for coming up with these 23 regulations for subdivisions and manufactured homes. We 24 are growing in Kerr County. Everybody that goes out and 25 buys land seems to be subdividing it into smaller tracts 28 1 and placing homes on it. And so I commend you for 2 trying to come up with ways to regulate what goes onto 3 those properties. 4 I'm here and I think I gave you a brief 5 write up that Jody included in your packets. I'm here 6 to talk about something that's been left out and would 7 like to see consideration for improvement. And that's 8 to prevent trespass on other people's properties. This 9 is an issue of property rights. It's buying property 10 and being able to enjoy it. We need to look at ways to 11 do that, and there are ways to prevent light trespass 12 with one property onto another to allow people to enjoy 13 their property. 14 And this is not a radical idea. This was 15 actually proposed. I sat through Dawn Buckingham and 16 she has a way for commissioners to legally include that 17 in subdivision regulations and I would ask you to 18 consider doing that. It's a very easy thing to do. It 19 is -- not that it needs enforcement. We're talking 20 about at the beginning of something. When builders are 21 first contemplating building things, it's easy to 22 include the right tools at that time, rather than going 23 back to existing structures, let's do it right from the 24 beginning. Thank you very much. 25 JUDGE KELLY: Kathleen Brinkman. 29 1 MS. BRINKMAN: I'm Kathleen Brinkman, 160 2 Kamira Drive. I'm here to reinforce what Dr. Rector has 3 to say. You have an opportunity here with these 4 Subdivision Regulations, and that is to protect the 5 property rights of all people in Kerr County. We're 6 growing. We can't get away from that. And as we grow, 7 light is coming with it. But with a little bit of 8 education and keeping the perspective and bringing those 9 requirements at the beginning, we can limit light 10 trespass to other people's property. 11 Everyone's had the experience of having some 12 light glare at them as they drive down a county road. 13 That is a problem for all of us. We should be able to 14 go into our backyards and see the Milky Way because we 15 live in the country. And I think we can reach that 16 goal. This is -- this is about property rights; not 17 about taking away rights, but about protecting rights. 18 And as one of Commissioner Belew's 19 constituents, I know he's a big proponent of this. And 20 I think that he would be a champion of what we are 21 suggesting. 22 COMMISSIONER BELEW: How do you get that? 23 MS. BRINKMAN: Because you want to protect 24 people's property rights. 25 COMMISSIONER BELEW: I do. 30 1 MS. BRINKMAN: And the right to utilize 2 their property in the way that benefits them. We all 3 benefit from being able to experience the beauty and the 4 wonder of our Night Sky. I'm not asking you to take 5 anything from anyone. I'm asking the Commissioners to 6 help people think about this in advance. It is easy, it 7 is cost effective to limit light trespass. Those kinds 8 of light fixtures cost no more than any other light 9 fixtures. 10 COMMISSIONER BELEW: That's exactly what I 11 brought up. That it starts off as something voluntary 12 and then it's imposed on people. The light you want to 13 see comes from another place. Right? 14 MRS. BRINKMAN: The light I don't want to 15 see comes from another -- 16 COMMISSIONER BELEW: The light you don't 17 want to see comes from another place. 18 MRS. BRINKMAN: And that's what I'm saying. 19 COMMISSIONER BELEW: When you buy property 20 in the Hill Country, you don't buy the view. People 21 call me all the time and they say there's a guy building 22 something across the road here and I don't like the 23 looks of it. 24 MRS. BRINKMAN: You don't like that but -- 25 COMMISSIONER BELEW: What did you move to 31 1 the country for? 2 MRS. BRINKMAN: But I -- but we don't also 3 have to give up our rights for the Night Sky. It's not 4 just too about aesthetics; it's about the environment. 5 Animals need darkness. Trees need darkness. Who knew 6 that trees needed to sleep? I didn't until -- until 7 about a year ago. Trees do need to sleep. 8 We've got a crisis with our trees in the 9 Hill Country. Oak wilt is running rampant. The 10 question is, are we doing this to our trees? Are we 11 weakening our own eco system. 12 Now, I'm no climate change person, I'll tell 13 you that. But we need to do this thoughtfully. And 14 this is an opportunity. We have resources, and 15 important resources to our economic benefit that we need 16 to protect. 17 Schreiner University has an observatory. 18 The UBarU Ranch out near Mountain Home is an incredible 19 facility that brings people from all over Texas, indeed, 20 all over the United States to see this incredible 21 observatory they have where you can view the Night Sky. 22 But I've been out there. I've seen the glow 23 that's coming from Kerr County. And if you talk to 24 anyone at UBarU, they will tell you it's getting bigger 25 every day. We need to think about these things. We're 32 1 about to have a huge influx of tourism and all the money 2 that means from the eclipse that's coming. We have 3 people who retire specifically to this area because of 4 our dark skies. These amateur astronomers come here to 5 enjoy their access to the views. 6 We're not asking you to impose draconian 7 anything here; we're just asking that by educating both 8 the developers and the public prospectively, we can 9 limit this light trespass and protect Kerr County and 10 enhance Kerr County. 11 I will tell you my own experience. 12 Fredericksburg is a dark sky compliant certified city. 13 I constantly am driving past Fredericksburg on my way 14 back to Kerrville. Because it's so dark there I can't 15 tell that I'm in Fredericksburg. And Kerrville, I can 16 see Kerrville 20 miles before I get here. It -- it -- 17 it really makes a difference. And Fredericksburg has 18 done an incredible job. 19 Now I'll back up for a minute. There is new 20 legislation that was proposed by Dawn Buckingham, our 21 own senator. And by this legislation, she has the -- 22 the State of Texas has given counties the authority to 23 regulate outdoor lighting. 24 The first step towards that, though, is for 25 the County to pass a Resolution stating that it intends 33 1 to become a dark sky certified entity. That is an 2 undertaking that we work with the dark sky, the IDA to 3 do that. My group, Kerr County Friends of the Night 4 Sky, is willing to do the work to move the County 5 towards that. All we need from the County is a 6 Resolution that the County would like to implement that 7 certification. And we would be more than willing to do 8 the heavy lifting, if you will, to move that 9 certification forward. 10 Once the County makes that proclamation of 11 its intent, the statute that was enacted, and I can give 12 you a citation, Title X, Chapter 3000, Section 13 3000.002(C)(3). The County then has the right -- the 14 ability to regulate outdoor lighting. Excuse me. And 15 this could amend the subdivision code to include those 16 provisions so the developers will respect light limits 17 on the front end. 18 And we think, our group thinks, that with 19 more education for the community people will voluntarily 20 want to comply and go back and rethink their light 21 fixtures and do what they can to protect our dark skies. 22 So do you have any questions? 23 JUDGE KELLY: Thank you. Next is Greg 24 Martin. 25 MR. MARTIN: Thank you, Commissioners. My 34 1 name is Greg Martin. I live at 126 Oakcrest Way in 2 Kamira Subdivision, right there on Harper Road. I'm 3 here simply to say that I like the subdivision rulings 4 that are coming up, the new code. Looks pretty good. 5 It seems to be lacking an opportunity which 6 Dr. Rector and Miss Brinkman have pointed out to address 7 the opportunity in advance to limit the amount of light 8 trespass to be as smart as we can in developing for the 9 lights and the lighting and all the standards are put 10 in -- to put in a -- in the code, the standards that are 11 respectful of all of our property rights, including that 12 to not have unneeded light trespass. 13 I am -- by background I'm a banker. I have 14 financed a lot of subdivisions. Absolutely in favor of 15 growth when it's well planned, well designed, and well 16 done and needed in the community. In this case, I think 17 we have the opportunity to take the subdivision rules 18 and make it a bit better in a way that is needed. And I 19 would ask your consideration of including dark sky 20 criteria in the subdivision code. Thank you. 21 JUDGE KELLY: Thank you, Mr. Martin. 22 Mr. Jones. 23 MR. JONES: Good morning. Mine's a little 24 different. I'm going to go back to the book here. And 25 I do understand y'all's position and I appreciate that. 35 1 But I want to get back to page 43. 2 We did away with preliminary platting as an 3 act from the State. I'm a little confused and anybody 4 else I've had look at this is too, about how we jumped 5 over to a voluntary pre-development review instead of 6 just adopting our past standards and going to -- 7 JUDGE KELLY: Because the legislature said 8 it's illegal. 9 MR. JONES: -- going to a voluntary 10 preliminary plat. It's just a matter of words there. 11 And that's all you've done is just change one word. And 12 you could have gone back to your same standard and made 13 it voluntary at that point. 14 But what you've done here now is that you've 15 gone in and put that you may approve a bond during this 16 section of a preliminary. And when you issue that bond 17 prior to a final plat, at Headwaters we're not quite 18 sure what that means for us, because we're not going to 19 do anything but be on the routing slip at this point. 20 So we have no input to approval or disapproval or 21 anything. We're just on a routing slip. 22 And so we're going to wait for a final plat 23 to come in for an approval, correct? 24 JUDGE KELLY: Right. 25 MR. JONES: But you've already issued a 36 1 bond, or had the opportunity to issue a bond at this 2 point. And if you've issued that bond and they go in 3 and they've already done all this work and they can 4 actually do pre-sales at that point, how are we going to 5 enforce our rules and regulations? Because then we're 6 going to turn right around and say we don't approve 7 because it doesn't meet up to, because we haven't given 8 the list of approval for anything at this point. It's a 9 routing slip, correct? 10 And so I think we're looking at trying to 11 avoid problems by -- by questioning why is there a bond 12 in a preliminary process or a pre-development process. 13 So that's the first topic on there. And like I say, we 14 need -- we need some real clarification on that. 15 Because I think we're -- we're going to get into some 16 water way over our heads there if you start issuing 17 bonds in a preliminary. 18 And again, the language could be just 19 changed or you can leave the pre-development if you want 20 but I -- I would highly recommend that you consider 21 removing that bond into that portion of it. Because if 22 you don't it's going to lead to some problems down the 23 road. 24 On Page 77, and this is just a clerical 25 change on it. But on the certifications, for Headwaters 37 1 to sign off for the final plat, your final statement on 2 there, and I believe Gene sent this to y'all, but your 3 final statement on there it's got all water wells and 4 related water facilities described on this plat are 5 being constructed, used and operated -- subdivision 6 described in this plat shall be in compliance with the 7 active rules and regulations of Headwaters. We do not 8 regulate related water facilities. 9 So we would ask that that -- that y'all 10 strike that statement out of there so that we can be 11 comfortable in signing it. I appreciate your time. 12 JUDGE KELLY: Any questions of Mr. Jones? 13 Okay. Thomas Wallace. 14 MR. WALLACE: Hello. Thanks for having me 15 up here. And thank y'all for your time. I'm pretty 16 much getting this right. I just want to commend y'all 17 for adjusting things to get things to go the right 18 direction with y'all's approval. 19 Basically there's one issue that I would 20 like to probably just bring up just before -- might not 21 have to do with any legal, you know, words that go in 22 the paperwork, but maybe in the approval process as time 23 goes by and whenever y'all are thinking about new 24 subdivisions that are, you know, going to be approved is 25 we're talking about water availability and that's great. 38 1 But also one thing is water well contamination. We know 2 that there's some things worded in there from my 3 understanding that's more for the TCEQ regulations, 4 which is great, but whenever we're talking about minimum 5 size, you know, once water wells are contaminated, 6 it's -- it's pretty much done. But, you know, so I'd 7 just like to bring that up just for further 8 consideration whenever, you know, anyone's thinking 9 about approving a subdivision. So that's all my time, 10 so thank y'all. 11 JUDGE KELLY: Thank you. Anna Bennett. 12 MS. BENNETT: I was going to relinquish my 13 time to Janet Buchert. 14 JUDGE KELLY: Okay. I have some unspecified 15 forms here. I know what Mr. Hughes is going to speak 16 on, it's not about subdivision. Cheryl Fitch, is it 17 subdivision? Bethany Puccio. Zach Sumrall. 18 MR. SUMRALL: I don't have anything to do 19 with that. 20 JUDGE KELLY: Weir Labatt. 21 UNIDENTIFIED VOICE: I saw him earlier. 22 MR. HASTINGS: Are any of these folks 23 upstairs in our overflow? 24 JUDGE KELLY: They may be. And Karen 25 Guerriero. 39 1 SHERIFF LEITHA: People on this subdivision? 2 JUDGE KELLY: I don't know. That's what I'm 3 trying to find out. 4 MRS. DOWDY: It's unspecified. 5 JUDGE KELLY: It's unspecified so I don't 6 know if they want to talk about subdivisions or not. 7 MRS. STEBBINS: Do you want to take those 8 and see if they're here to talk about this? Or give 9 them to the Sheriff? 10 JUDGE KELLY: And while she's doing that, 11 let me go ahead and recognize Commissioner Gipson who 12 has a statement to read from Rich Paces. 13 COMMISSIONER GIPSON: Rich Paces called last 14 night, and he had to be out of town, he wanted to make a 15 statement. And he's the Precinct 2 Commissioner-elect, 16 and I'll go ahead and read his letter. 17 Beck, as discussed, please read below for 18 any discussion on Item 1.1. I apologize for not being 19 able to be here in person today as I am taking my wife 20 to Houston for an urgent medical need; however, as 21 Commissioner-Elect of Precinct 2, I wanted to comment on 22 the proposed new Kerr County Subdivision Rules and 23 Regulations, and I've asked Commissioner Beck to read my 24 comments. 25 First, I commend the Commissioners' Court 40 1 for the undertaking and the rewrite of the subdivision 2 rules, now entitled Subdivision and Manufactured Home 3 and Rental Community Regulations. Overall, these new 4 regulations are a significant improvement. 5 The Court has acknowledged the new 6 regulations are due to current, quote, conditions Kerr 7 County has experienced and in the future is expected to 8 experience critical groundwater problems. It also 9 acknowledges that Kerr County is located in the Hill 10 Country PGMA and in the jurisdictional territory of 11 Headwaters Groundwater Conservation District, which is 12 charged with the responsibility to protect, preserve, 13 and manage groundwater resources in Kerr County, Texas. 14 Headwaters is likely to continue to revise its rules 15 with respect to the protection of our critical 16 groundwater resources and future development. 17 As such, it is good that the new County 18 regulations have been written to accommodate any future 19 Headwater rule changes. I have always maintained that 20 water is our most precious resource, which the current 21 severe headwaters -- the current drought is proving to 22 be true, and that the Commissioners' Court should work 23 much closer with Headwaters Groundwater Conservation 24 District in water availability matters. The proposed 25 new regulations are a very positive step in that 41 1 direction. 2 I understand that the Commissioners' Court 3 received a copy of a letter to Charlie Hastings, County 4 Engineer, from the Center Point Commission for Growth 5 and Progress. I totally support and endorse all the 6 recommendations provided in this well-thought out letter 7 from my esteemed Center Point constituents. Their 8 recommendations are aimed at providing necessary 9 clarifications to improve the final regulations, and I 10 ask that you accept them. 11 As you know, there are significant water 12 issues in Center Point and East Kerr County which has 13 been hit particularly hard by the current drought. If 14 you have not already done so, I would encourage the 15 Court to read the May 22nd report entitled, Eastern Kerr 16 County Trinity Outlook for Groundwater Availability 17 Assessment, by James Beach of Advanced Groundwater 18 Solutions, LLC. It's available in the Headwaters 19 website. 20 It bears keeping this study in mind when 21 balancing the future growth and economic development of 22 Kerr County while protecting our constituents who 23 already live here. 24 Finally in closing, while I'm not an 25 advocate of exceptions, I do see the potential need for 42 1 some very limited exceptions in the requirement of 2 conducting a costly water availability study; however, 3 these subdivisions must still be required to fully 4 comply with Headwaters' current rules. Hence, please 5 accept the Center Point Commissions recommendation. 6 Thank you. Rich Paces. 7 JUDGE KELLY: Very well. 8 MRS. DOWDY: I'm told that Mr. Labatt would 9 like to speak, and he had a sheet. 10 MRS. STEBBINS: I gave it to Albert. He ran 11 upstairs with it before I got to talk to Mr. Labatt. 12 SHERIFF LEITHA: Nobody else wants to speak, 13 Judge. 14 JUDGE KELLY: But I need to get my sheets 15 back. 16 SHERIFF LEITHA: I'll get them. 17 MR. LABATT: My name is Weir Labatt and I 18 live at 150 Upper Turtle Creek Road, and I am here in 19 support of the subdivision rules. I strongly recommend 20 that y'all vote in favor of them. And I -- as part of 21 that, my main issue here is that if we get a water 22 availability study for any lot over five acres, I think 23 that's really critical. 24 As a former member of the Texas Water 25 Development Board, also the Edward's Aquifer Authority, 43 1 the water issue is so critical and the availability of 2 that water is -- is so important and I think the study 3 for any lot over five acres is very important. But 4 overall, I'm in favor of the -- of the subdivision rules 5 as you have written them, and urge your adopting them. 6 Thank you very much for your time. 7 JUDGE KELLY: Thank you, Mr. Labatt. 8 Is there anyone else that wants to speak on 9 the subdivision rules at this public hearing? 10 COMMISSIONER LETZ: Judge -- is it 11 appropriate for us to comment on it, Chuck? Or ask a 12 question? I mean usually in public hearings you don't, 13 but -- 14 MR. KIMBROUGH: You have the ability to, 15 yes, sir. 16 COMMISSIONER BELEW: You need clarification. 17 COMMISSIONER LETZ: Clarification. Yeah. 18 And I guess Miss Buchert's question about the 19 exceptions, and I guess I'm a little confused. The plat 20 requirement from Headwaters is still on that plat, and 21 that right there says that any subdivision, even if it's 22 under one of these exceptions, has to go through 23 Headwaters, and Headwaters has to assign that. They 24 just don't have to do the water availability study. 25 So I'm confused as to why you think that we 44 1 need additional language for that, to get that -- you 2 know, to say that. And I don't disagree with adding it. 3 I'm just -- I don't understand -- it seems like it's 4 already in there to me. 5 MR. KIMBROUGH: She's right. In my opinion. 6 COMMISSIONER LETZ: Okay. That answers it. 7 MR. KIMBROUGH: She's right. 8 COMMISSIONER LETZ: Okay. 9 JUDGE KELLY: And for those at home that 10 can't see, this is our attorney, Chuck Kimbrough. I 11 know you were trying to avoid it. 12 MR. KIMBROUGH: You're a lawyer, right? 13 MRS. BUCHERT: I'm a retired lawyer, yes. 14 MR. KIMBROUGH: That's good enough. Counsel 15 is correct in my judgment. 16 MRS. BUCHERT: Thank you. 17 MR. KIMBROUGH: Those exceptions, move them 18 out, in compliance to WARS. That's her acronym and 19 she's correct. Now, we can change that, if you want to. 20 But those were the instructions the council and staff 21 for public hearing draft to let the people see and to 22 let you hear their comments. Do you have questions? 23 COMMISSIONER LETZ: That answers the 24 question. I mean, I -- yeah, I thought it was covered. 25 So it's clarified. Thank you. 45 1 JUDGE KELLY: Anyone else want -- 2 COMMISSIONER BELEW: That's a lesson for all 3 of us. When somebody says you're right, sit down. 4 JUDGE KELLY: If there are no other people 5 that want to address the Court at this public hearing -- 6 are there? It appears that there are not. Then the 7 public hearing will be adjourned. 8 And we'll take a five minute -- let's take 9 about a -- let's be back at 10:00 o'clock. I misspoke. 10 Let me try it again. We're going to take a five-minute 11 break, then we're going to go into Executive Session 12 with our attorney and our engineer. 13 MR. KIMBROUGH: Note the time. 14 JUDGE KELLY: And the time is 9:52 is what 15 I've got. 16 (Recess.) 17 (Executive Session.) 18 JUDGE KELLY: Court will come to order. It 19 is 1:04 and we're coming out of Executive Session. I 20 want to thank everybody that did offer input to us in 21 the public hearing. It was very helpful, and we've been 22 able to address it. 23 So with that, we're going to resume our 24 rearranged agenda and we'll start with the public input. 25 And I've got -- is Chris Hughes here? 46 1 COMMISSIONER LETZ: No. 2 JUDGE KELLY: Okay. Then first speaker I've 3 got here on the library issue -- well, it's just public 4 input, right? 5 COMMISSIONER LETZ: It's public input. 6 JUDGE KELLY: Scott Allen. 7 MR. ALLEN: That would be me. I want to 8 thank y'all for giving me this time. I promise I don't 9 have the time to say everything I want to say in three 10 minutes. I'll do my best. 11 First of all, I live in Hunt, Texas, and I'm 12 retired. I don't like getting off my porch, and I don't 13 like leaving my property. And I've never come before a 14 City Council or a County Commission to complain about 15 anything. This got me motivated. 16 People misunderstand -- I'm a retired 17 lawyer. People misunderstand the first amendment act on 18 this issue with the school. The first amendment gives 19 people the right to write or publish anything they want. 20 It -- that does not require government to endorse, 21 support or promote the speech. That's what I was saying 22 about this book -- these books. 23 So when they talk about the first amendment, 24 they are not telling you the truth. And the first 25 amendment is not an excuse to allow what's going on at 47 1 that library to happen. 2 Now, unfortunately, the City -- we live in 3 the City of Kerrville. The County seat is supporting in 4 endorsing this. I have on City stationery the press 5 release announcing Banned Book Week. It was issued by 6 Stuart Kindness, Public Information Officer, whose job 7 is to provide official communication on behalf of the 8 City. 9 Here's what that press release says: 10 Children and parents and teachers starting to consider 11 what books to read at the new school year. We are 12 hosting an exhibit featuring challenged materials, which 13 would include these books. It invites everyone to come 14 to your library and read a new banned book this week. 15 That's the last sentence in the press release. 16 So this statement, whether somebody read it 17 or not, they are asking people and encouraging them to 18 come down and read these banned books. Who were they 19 relying upon to make these statements? The -- I -- I 20 watched the City council hearing. Again, I've never 21 done anything like this in my life. 22 The librarian said the American Library 23 Association is the gold standard. They were cited in 24 the press release. Spend one hour, one hour and look up 25 the American Library Association. Here's who they are. 48 1 So when you're endorsing these books, and you're 2 endorsing the public -- and I know you don't endorse the 3 book, but you're allowing the public display. 4 You provide any support, whether it's the 5 Animal Control, any support from the County, is wrong. 6 Here is why. Here's the exact words of the President 7 elect of the American Library Association. I just can't 8 believe that a Marxist lesbian who believes that 9 collective power is possible to build and can be wielded 10 for a better world, is now the President elect of the 11 American Library Association. She ends her Tweet with, 12 "Solidarity." 13 Here is what she is recorded of saying, and 14 all this is in publicly available documents, when she 15 was running for President of the American Library 16 Association. "The consequences of decades of unchecked 17 climate change, class warfare, white supremacy and 18 imperialism have led us here. We must organize our 19 collective power, and wield it." And that's exactly 20 what the American Library Association is doing. 21 She goes on to say, "Social and economic 22 justice and racial equity requires that we make a 23 material difference in the lives of library workers and 24 patron who have for too long been denied the power and 25 opportunity on the basis of race, gender and sexuality. 49 1 I will advance a public agenda that puts organizing for 2 justice at the center of her -- of our library work." 3 Then you just go Google -- 4 JUDGE KELLY: You're over. What about four 5 and a half minutes into it. 6 MR. ALLEN: Am I four and a half minutes? 7 JUDGE KELLY: Yeah. 8 MR. ALLEN: I would ask you to -- can I tell 9 you three articles to read of the American Library 10 Association. Queering the Catalog, Queer Theory and the 11 Politics of Correction, Queering Library Space, Notes 12 Toward a New Geography of the Library. And then the 13 third one. Questioning Authority, changing Library 14 Catalog Standards to be More Inclusive to Gender 15 Identity Spectrum. 16 The people being political here are not the 17 people that object to these books, this is an agenda. 18 And it shouldn't be endorsed, supported in any regard. 19 Thank you. 20 JUDGE KELLY: Thank you, Mr. Allen. 21 Fair warning to everybody else. When you 22 hear the noise go off. County Clerk keeps it at three 23 minutes. I'm going to bang the gavel and you're out of 24 order. 25 MR. ALLEN: Well, that would not have been 50 1 the first time I've been ruled out of order, Your Honor. 2 JUDGE KELLY: And I believe you are a 3 recovering attorney. 4 MR. ALLEN: You know what, I heard -- I 5 watched your County Commissioner hearing and you said a 6 I'm recovering attorney. I didn't have enough time, 7 although I'd have used 30 more seconds. I'm not a 8 recovering attorney; I'm a fully recovered attorney. 9 And I actually practice the Bum Phillips idea of 10 retirement. Do y'all remember what he said? They 11 asked -- they asked Bum Phillips, What do you do in 12 retirement? He said nothing, and I don't start that 13 until noon. 14 JUDGE KELLY: Okay. The next speaker I have 15 here is Sarah Bauch. Bauch? How do you pronounce your 16 name? 17 MS. BAUCH: Bauch. 18 JUDGE KELLY: Bauch. 19 MS. BAUCH: Okay. Sarah Bauch, I live in 20 Mountain Home, Precinct 4. The recent agreement between 21 the City and the County does not solve anything. It 22 just swept it under the rug and held no one accountable. 23 It appeased the loud minority and has left the majority 24 of us with a slap in the face. 25 In the last library advisory board meeting, 51 1 the head librarian brought up that she wanted to change 2 the collection development policy because it had not 3 been updated in 20 years. She said it needed to change 4 to provide a definitive process for the resources that 5 may be challenged. I would be curious to find out what 6 the policy was before this change and what it is now. I 7 can almost guarantee it has something to do with this 8 agenda that the ALA is pushing. 9 This is what I would like to see happen. 10 The librarian held accountable for her actions. The 11 Kerrville Library having no further affiliation with the 12 ALA. All sexually explicit materials removed from the 13 children's section of the library, and any areas where 14 children could be exposed. 15 If these do not happen, I would support the 16 County ending the Interlocal Agreement with the City. 17 All of this has made me think that maybe Kerrville has 18 been influenced by those who do not hold the same values 19 as the majority of the people in this area. There's 20 someone pushing an agenda here in our small town and 21 elected officials who sit back and do nothing are 22 letting it happen. If we do not stop them now, what's 23 next? Drag queen story hour for toddlers at the 24 library. When will you say enough is enough? 25 I think it has opened a lot of people's eyes 52 1 on what to do in the next election. We need to be more 2 discerning of those who call themselves conservative 3 Republicans. 4 We need people in elected positions that 5 have a backbone. We need elected officials that are 6 true conservatives, that do not back down when it comes 7 to the innocence of our children. Thank you. 8 JUDGE KELLY: Thank you. Next speaker, 9 Robert Dameron. 10 MR. DAMERON: My name is Robert Dameron, I 11 live at 645 Fallow Run in Hunt, Texas. You know, this 12 morning when I came in here -- a lot of us have been 13 here a long time this morning. When I came in here, I 14 heard a prayer by Judge Kelly asking for the presence of 15 the Holy Spirit in here. 16 Now, I hope and pray that that is a true 17 sentiment from you all up there and not just ceremony, 18 because I'm going to tell you that the difference 19 between right and wrong has been known for over six 20 thousand years. When a couple took part of a tree of 21 the knowledge of good and evil. We know what's right. 22 We know what's wrong. No pretending. No play like. 23 Just because somebody wants to identify 24 something or they want to put something in front of 25 somebody that their agenda is pushing, we know what's 53 1 right and we know what's wrong. And we can't sit and 2 let compromise compromise what truth is. There is no 3 "my truth." There's truth and there's lie. And we need 4 to stand up for truth and quit putting up with lies. 5 Separate this stuff from our children. It's -- it's a 6 no-brainer. 7 I mean, I don't even know why we're here 8 talking about this. We know the right from wrong. You 9 gentlemen up there are not 18 years old. I'm not 18 10 years old. I'm not younger than that. We know the 11 difference between right and wrong and we need to do 12 something about it. 13 So it's not just this library thing. 14 There's more stuff that's going to come up. And the 15 more we compromise, the more we let happen that we know 16 is wrong. It's wrong. That's the bottom line, it's 17 wrong. There should be no discussion about why we 18 should allow this or not. 19 What about your children? Your 20 grandchildren? I'm a grandfather, I'm a 21 great-grandfather. My kids don't need to see this. My 22 children, my grandchildren, they don't need to see this. 23 If they want to do this, fine, they're allowed to do it, 24 in the -- the First Amendment allows you to do it. But 25 put it in a pornography store. Or put it in a place 54 1 where its place is. I don't want it affecting my 2 children. I don't want it affecting your children. 3 You want to know why crime is increasing? 4 Because we compromise. We need to stop compromising. 5 There's right and there's wrong. And we know it. And I 6 know that I'm harping into that but we know the 7 difference. There's no -- there's no gray area. We 8 know what's right and what's wrong. We teach our 9 children that hopefully. We can't let this happen. 10 Thank you for your time. 11 JUDGE KELLY: Is it R'Ev Dameron? 12 MS. DAMERON: Yes, sir. I'm R'Ev Dameron 13 from Hunt, Texas. And I have a Master's in education. 14 I've taught everything from toddlers to college, and I 15 am public and private school, and I was a sexual health 16 educator. And early sexual -- early sexual -- 17 introducing our children to sexuality is a foundation to 18 a Marxist and then a police state take over 19 historically. And that which has resounding 20 effectiveness to a zero percent. 21 I challenge any of you to prove that you 22 have the -- that when you allow sexualization of our 23 children, which should be the last thing on their mind 24 because there's so darn much to learn, and it's totally 25 distracting. The County's promotion of public obscenity 55 1 and your championing further sexual confusion, 2 self-hatred, gender dysphoria, that that will have any 3 positive effect, positive truth on our children, our 4 community, and our culture. I will remind you that you 5 will soon be held accountable for your guardianship of 6 this County and the children by a higher court that you 7 have not yet seen. 8 I summarize this morning, that if you make 9 one of these innocent ones stumble, that it would be 10 better for you that a mill stone be tied around your 11 neck and you be cast into the depths of the sea. That 12 was spoken by the one righteous judge, King Jesus, the 13 Messiah. 14 JUDGE KELLY: Thank you. Susie Tiemeyer. 15 Okay. Mark Piper. 16 MR. PIPER: My name is Mark Piper. I live 17 at 513 Native Oak in Ingram, Texas. This will be short. 18 There are people in Texas prisons serving ten year 19 sentences, longer than that, for simply having images of 20 child pornography on their personal home computers. 21 Now, this public presentation of child 22 pornography is a much more egregious offense and it 23 needs to be accounted for. I have heard people say that 24 it's only photographs are prohibited by Texas law. But 25 upon closer reading, I do believe any drawings, images, 56 1 depictions come under that same category as well. 2 The director of the library is the one who 3 is ultimately responsible for what is displayed there. 4 Particularly in a non-adult situation. So this person 5 made the decisions to display these -- these books, and 6 it is -- I want to -- I have not heard a repentance, an 7 apology, an admittance that anything wrong was done by 8 the director. 9 I would like to urge that the County 10 withdraw all of its funding for the library until such 11 time as the director either resigns or is removed from 12 her position. And that's pretty much all I've got to 13 say on the subject. Thank you for your time. 14 JUDGE KELLY: Thank you. Thomas Jeffers. 15 MR. JEFFERS: You know I'm a preacher and 16 you've only given me three minutes? I wish I could talk 17 in shorthand. Thomas Jeffers, 112 Chole Way. 18 First, Your Honor, I want to thank you 19 because you done something a few years ago that I highly 20 disagreed with and the manner you did it in. You saved 21 my grandson's life. Okay. Because you followed the 22 law, and you protected that child. He was under age, 23 and my wife and I both left the courtroom bawling. You 24 was too hard on him, blah, blah, blah. He's been clean 25 for a year. He's doing great because of you. 57 1 If we don't stand up for our children, and 2 that's what this is really about, guys. You know, I've 3 been praying about this and it's not parents' rights; 4 it's kids' rights. I've been praying about this. If we 5 don't stand up for our children, who will? Honestly. 6 I'm in a CPS case right now. I have two 7 adopted great-grandsons. They're five and six years 8 old. Right now I have their half sister. I got her in 9 March. She was hooked on meth. At 15 months old, 10 hooked on meth. 11 It was never mentioned in the court. Every 12 time we had court it was never mentioned. Immediately 13 the Judge started trying to put the baby back with her 14 momma. She's got this coming weekend. She has all 15 weekend with that baby completely unsupervised. 16 Four years ago when I adopted these boys, 17 this would have never taken place. Every time I say 18 something, they tell me the laws of Texas change. How 19 can the laws override the safety of a child? And 20 that's -- and I know that I'm preaching to the choir 21 here. If we don't all stand together, we're going to 22 lose those children. And we're going to lose them to 23 lies and hypocrisy, suicides, drugs, all these things. 24 If we don't stand, who will? And I'm seeing 25 the stakes now. This is just my first platform. I 58 1 don't know where to go next. I'm praying God directs 2 me. He directed me here and I'll go to the next one. 3 They may not listen to me. They may not adhere to what 4 I got to say. But I want to protect my grandchildren. 5 Actually great-grandchildren. I want to do what I can 6 to protect them and leave the gun in my holster. They 7 have to be protected somehow, some way. 8 We can't let these children fall through the 9 cracks because we have luncheon dates, and we have this 10 going on and we're too busy here. I'm a Kerrville 11 Texan. I was born right here in this hospital in 1958. 12 If this would have taken place in 1960, there would be 13 people plum out in the parking lot. Y'all would be 14 having Commissioners' Court for the next six months 15 without leaving. Meals brought in. We can't let it 16 change, guys. We cannot let it change. 17 And I don't remember who said it about the 18 Republicans and the conservatives. I need to start 19 asking questions. And I hear ya. Thank you guys so 20 much. Judge, thank you for my grandson. 21 JUDGE KELLY: Yes, sir. Jaclyn Hall. 22 MS. HALL: Yes. My name is Jaclyn Hall, 23 118 Independence Lane, Kerr County. I'll make it short. 24 I mean I think folks have already covered basically 25 where we stand. There hasn't been any change with the 59 1 City's policies. I know there was a sit-down between 2 the City and the County, and what really needs to happen 3 is until there are changes made at the City, until those 4 obscene books are removed from the City library, I don't 5 think our County dollars, tax dollars should be going to 6 the City for anything. 7 So like other speakers have said, y'all 8 should probably look at that -- that agreement between 9 the City and the County. There needs to be actual 10 changes there with removing the books from the 11 children's section. They're obscene. 12 So we know that true change often doesn't 13 come until funding is cut. You know, follow the money. 14 So that's what we're asking for. And as adults it's our 15 responsibility to protect the innocence of children. So 16 let's do that together. Thank you. 17 JUDGE KELLY: Barbara Ferguson. 18 MS. FERGUSON: I have something to read for 19 someone else. Should I do that under my own name or do 20 I need to do that -- can I do both? 21 COMMISSIONER LETZ: Both. 22 MS. FERGUSON: Someone -- pardon? 23 COMMISSIONER LETZ: Both. 24 MS. FERGUSON: Oh, okay. 25 JUDGE KELLY: Just need for you to go to the 60 1 podium. 2 MS. FERGUSON: Gentlemen, thank you for your 3 time. One of the things that really got me down here 4 today was what was said in the newspapers about this 5 whole issue. The fact that it was called misinformation 6 caused a problem. It wasn't misinformation. We 7 understood exactly what was going on. And for that to 8 allow -- to allow to stand in our local newspapers 9 without some comment from those who are involved with 10 those articles is wrong. That is the media putting 11 their nose into the facts of this issue. 12 It is not -- it was not true that librarians 13 checked out those books. Those books were checked out 14 by Zach Sumrall's wife. It is not true that there was 15 misinformation about what happened. No. We know 16 exactly what happened. 17 An exhibit was set up in front of the 18 children's department with books that were not suitable 19 for children. And everybody can agree those books were 20 not suitable for children. I don't even think that's up 21 for discussion. That was a fact that it was there. And 22 parents objected to it. But we're letting ourselves be 23 ramrodded by the ALA's agenda and from liberal media 24 that misrepresent what's happening, trying to make a 25 group of people who care about our children look like 61 1 they're extremist right wing nut jobs. And those things 2 should be corrected in the local paper. It should be 3 pointed out. 4 But, you know, when we write an article 5 that -- or write a letter to the editor on those things, 6 they won't get published. But when an official is 7 misquoted, when an official finds out that information 8 he was given was incorrect and then printed in the 9 newspaper, those -- the official has the power to get 10 that in the paper. I would like to see all that 11 corrected, in both the Daily Times, the West Kerr 12 Current, and the Kerrville Daily Times. They all 13 contain incorrect information. That's where the 14 misinformation is, it's coming from the ALA, from our 15 library director, and from those who are supporting it. 16 Thank you. 17 JUDGE KELLY: Cheryl Fitch. 18 MS. FITCH: We have read many reports in the 19 newspaper, the Daily Times, of arrests for possession of 20 child pornography and sexual assaults of children. 21 Sadly, the addictive power of pornography bears this 22 kind of truth. So the list of victims of pornography 23 and the list of children being assaulted continues to 24 grow in our community. 25 If you look up affects of pornography, 62 1 sexually explicit materials on the brain, they explain 2 that the younger a child is who looks at these images on 3 a regular basis, the more likely he or she will become 4 addicted to the images. 5 They also explained specific changes of the 6 brain. There are many articles out there and 7 documentaries about this issue. In one documentary from 8 Exodus Cry, shows the brain and how the child's brain is 9 still developing, is affected neurologically and 10 chemically, and then it also goes on to explain how this 11 also affects the social development of the children. 12 There's a documentary that shows the brain, 13 but it also gives testimonies of people who were victims 14 of pornography as young children and how they were 15 traumatized and how long it took for them to get out of 16 it. A pamphlet distributed by the Texas Association 17 Against Sexual Assault is titled Online Child 18 Exploitation. 19 The first risk that they identify is 20 exposure to inappropriate material. It also states you 21 should contact law enforcement if a child receives 22 sexually explicit images from someone that knows your 23 child is under the age of 17. Even though the library 24 staff does not allow their computers to be used for 25 pornography, we are still dealing with sexually explicit 63 1 materials specifically for children. Not online, but in 2 books to hold in their hands. This is with the approval 3 now of our City staff and City council, except for one 4 member -- excuse me -- at the City Council meeting. 5 The librarian did not explain how each 6 sexually explicit image in question could be valuable to 7 the child. It is my contention that the evidence guided 8 me is that it's not beneficial, it's detrimental to the 9 child's development and any protection of child should 10 be much more important than the political issues of the 11 day. 12 Something that was put in the congressional 13 record in January of 1963 at the Communist goals of that 14 time. Two of them I'll read. There were 45. Eliminate 15 all laws governing obscenity by calling them censorship 16 and a violation of free speech and free press. 17 The second one I'm going to tell you is, 18 breakdown cultural standards of morality by promoting 19 pornography and obscenity in books, magazines, motion 20 pictures, radio and TV. I thank you for your time. 21 JUDGE KELLY: Thank you, Miss Fitch. 22 Bethany Puccio. 23 MS. PUCCIO: Bethany Puccio. I'm here about 24 the manufactured controversy. I'm at 418 Crest Ridge 25 Drive and I'm with We the People, Liberty in Action. 64 1 Quickly to summarize the City's and 2 apparently Judge Kelly's response on the manufactured 3 controversy, and I would say that this has gotta be 4 aimed partly at Commissioner Letz and Harris and Belew, 5 because you were also outraged by what you saw. 6 Gender Queer was only one of the titles with 7 obscene sexual content displayed on the table. Focusing 8 on this one book is only distracting from the real 9 issue, they're sexualizing children at the library. 10 That's the real issue. It's illegal. The Texas Penal 11 Code, Section 43.22 and 43.24, clearly state that this 12 is illegal. The library's own internet policy sites 13 Section 43.24. 14 Judge Kelly made a statement that he didn't 15 think any kids saw the pictures. I don't know how Judge 16 Kelly could know that. They promoted porn to kids with 17 these bookmarks right here. All the child has to do -- 18 the bookmarks were on the table to be taken, that's how 19 I got this one. And all they gotta do is Google the 20 first one and that book is available online for free. 21 The City responded by putting Danielle 22 Brigati in their spotlight of the week, a slap in the 23 face to you and the conservative majority in this 24 County. Emily Drabinski, the incoming President of the 25 ALA, is a self-proclaimed lesbian Marxist. Just a few 65 1 minutes on EmilyDrabinski.com you see that she is an 2 activist against everything that we value as Americans, 3 conservatives, and Republicans. She represent the 4 ideology of the left. The ALA has become a left wing 5 organization that has been weaponized against the 6 ideology of this great country. Where are many of the 7 drag shows for children being hosted? Libraries. 8 Anyone who claims the ALA is harmless is either lying or 9 ignorant. Our library director said that they set the 10 gold standard, but whose standard? 11 You all ran as Republicans. Part of our 12 platform is standing against this very thing, and this 13 is from the Texas GOP -- TexasGOP.org. Section 105, 14 I'll skip just for sake of time, but it's on education. 15 106. Inappropriate and/or harmful content. 16 We request that the Texas Legislature pass legislation 17 that requires Texas schools and libraries to filter 18 inappropriate and/or harmful content such as pornography 19 for minors. And then I'll skip to the end. We advocate 20 for those who violate any of the above to have their 21 educator's certification revoked and to be prosecuted to 22 the fullest extent of the law where appropriate. 23 Our elected officials are exposing 24 themselves for who they really are and we're finding out 25 who the real Republicans are. Thank you to Commissioner 66 1 Belew, and Letz, and Commissioner Harris for your stand 2 on this and we're asking you not to back down on that. 3 The current -- what we would like to see at 4 the Kerrville Library is to break all association with 5 the ALA. We do not want their values, leadership or 6 ideology in our conservative county. We want all books 7 containing any sexual content out of the children's area 8 or where children can see it. 9 We're asking the librarians responsible for 10 displaying these pornographic and sexually explicit 11 books for children to be held responsible, and we are 12 asking for you to break off the Interlocal Agreement if 13 that does not happen. Thank you. 14 JUDGE KELLY: Zach Sumrall. 15 MRS. SUMRALL: Zach was here until about 16 11:30, but had to leave. (Reading.) "My name is Zach 17 Sumrall. My wife and I started our family here and have 18 owned and operated our business here since 2008. I'm a 19 father of three children, ages 11, 8 and 4. We have 20 been patrons of the library for several years. I'm here 21 to express my concern and distaste for the actions taken 22 and defended by our local leaders. 23 Banned Book Week was a fallacy from the 24 beginning as soon as the City of Kerrville posted their 25 advertisement for it on Facebook. In their post, they 67 1 mentioned literary classics by the names of the 2 Adventures of Huckleberry Finn, The Catcher in the Rye, 3 and To Kill a Mockingbird, I Know Why the Caged Bird 4 Sings, Of Mice and Men, Wings of Fire, and Slaughter 5 House Five. 6 Where would these titles on the display be 7 found? Absolutely nowhere. Instead, the table was 8 primarily filled with books about gender ideology 9 containing graphic images, and words that no child 10 should be exposed to. 11 Stated in the West Kerr Current, quote, you 12 pulled out your magnifying glass, unquote, to look at a 13 picture of the display, basically admitting it was never 14 seen in person. And referenced a quote about 15 pornography by a Supreme Court Justice stating, quote, 16 I'll know it when I see it, unquote. Well, I can show 17 you the picture now if you want to see it. 18 Zach has those pictures on his phone. 19 MR. JEFFERS: I have -- I have one of them 20 if you need it. 21 MRS. SUMRALL: Okay. During the last city 22 council meeting, the Mayor commanded that no images or 23 pictures were to be shown. This is an admission of 24 guilt and knowingly avoiding what was actually in the 25 books because they didn't want to see the images. 68 1 One of the images actually depicts two 2 lesbian girls wearing a strap-on device with a penis 3 while performing oral sex on one another. Porn is porn. 4 Whether animation, drawings or photography. 5 These materials were deliberately and 6 strategically placed on a table directly in front of the 7 children's section of the library. It was their 8 intention to expose them. They got caught, eventually 9 moved the table two different times, and these books 10 were checked out by concerned parents to remove the 11 materials, and by some of the library's own staff. 12 It is repeatedly mentioned -- it is 13 repetitively mentioned in the article by West Kerr 14 Current that this is all politically motivated. Let's 15 get this straight. My morals will not be swayed by 16 politics. The bond issue has no meaning to me when the 17 only concern I have is keeping underage children safe 18 from vile images and ideology. The only political play 19 was made by the library director. 20 (Timer sounding.) 21 MRS. SUMRALL: Can I conclude? Mayor 22 Eychner stated someone could have gone off to the staff 23 and said hey, that makes me feel uncomfortable, would 24 you remove it? But this is an opportunity to make a 25 point. My wife did just that and was met with 69 1 retribution by the director stating, quote, this may 2 offend you but Bill O'Reilly offends others. The 3 director got political immediately. In turn, my wife 4 responded, Bill O'Reilly isn't sexualizing children. 5 If our City Council and other leaders are 6 willing to defend this grotesque behavior, then maybe 7 you should be concerned about funding. This isn't about 8 the First Amendment, this is grooming 101. I will not 9 sit idly by and watch this community compromise the 10 majority of principles, values and morals. There should 11 never be a compromise in this situation. Thank you. 12 JUDGE KELLY: Karen Guerriero. Did she 13 leave? 14 SHERIFF LEITHA: She left, Judge. 15 JUDGE KELLY: Okay. Chris Hughes left? 16 SHERIFF LEITHA: Yes. 17 JUDGE KELLY: And Weir Labatt left. Okay. 18 Then that's the public input. 19 We move on to Commissioners' Comments. 20 Precinct 1. 21 COMMISSIONER BELEW: I don't have anything 22 to say. 23 COMMISSIONER GIPSON: Nothing here. 24 JUDGE KELLY: Three? 25 COMMISSIONER LETZ: I'll make a comment a 70 1 little bit. Just, you know, my feelings haven't changed 2 on the subject. But also I'm waiting for the City, I 3 want to see what they do. I hope y'all will go to the 4 City Council tonight, I think they meet tonight, and 5 tell them as well. But that's up to y'all. 6 But you know, I'm waiting to see what the 7 City does. I hear y'all loud and strong. And there's 8 some articles in the paper. I don't believe what's in 9 the papers. They put things in there so wrong so much, 10 I really don't even read it. But my position and my 11 feelings haven't changed about the exhibit. 12 COMMISSIONER HARRIS: Well, I want to say 13 that I went to Mountain Home Volunteer Fire Department 14 fundraiser on Saturday. It was well attended. I 15 hope -- hopefully they raised lots of money. I'll tell 16 you about every other person I talked to out there, and 17 it was full out there, was about the library issue. 18 This is not going away. And this is -- you know, we can 19 disagree on things from time to time, but this is -- 20 this is good versus evil. There's no gray area here. 21 UNIDENTIFIED VOICE: Yeah, amen. Thank you. 22 JUDGE KELLY: Okay. With that, the first 23 item on the Agenda is 1.4 consider, discuss and take 24 appropriate action to approve a copier contract with 25 Ricoh for Precinct 1. 71 1 MRS. STEBBINS: I'm here to talk for her. 2 JUDGE KELLY: Okay. 3 MRS. STEBBINS: Judge French asked me to 4 speak to y'all today, she's in -- magistrating this 5 morning and has court this afternoon. I'm asking y'all 6 to approve the contract she submitted following 7 modification to it that Judge French has suggested and 8 I've approved related to late fees for not paying it 9 within ten days, just because of the Commissioners' 10 Court schedule. Sometimes we just can't it to them 11 within ten days of billing. 12 COMMISSIONER BELEW: Move for approval. 13 COMMISSIONER GIPSON: Second. 14 JUDGE KELLY: We've got a motion and a 15 second to approve renewing the contract with Ricoh for 16 JP 1. Any discussion? Those in favor raise your hand. 17 Four zero. 18 MRS. STEBBINS: Thank you. 19 (Commissioner Letz exiting courtroom.) 20 JUDGE KELLY: 1.5 consider, discuss and take 21 appropriate action on a request from Kerr County 22 Constable Precinct 3 to accept donated equipment. Paul 23 Gonzales. 24 MR. GONZALES: Good afternoon, Judge, 25 Commissioners, and members of the audience. Paul 72 1 Gonzales, Constable Precinct 3. Just like to request -- 2 I think you may have a copy of this, request your 3 authorization to accept the following safety equipment 4 to the Kerr County Constable Precinct 3 office. 5 The donated equipment, I feel, will make a 6 significant positive impact to the County and the 7 community, both financially and safety in mind. Texas 8 Department of Public Safety, which is our law 9 enforcement partners, upon my request they have a 10 program of surplus equipment for underfunded agencies. 11 They have donated a light bar for my patrol 12 unit, which is a cost savings of approximately $2300. 13 Now, it's a used light bar, but it works. They also 14 provided me with a secondary light bar, just in case I 15 needed it for parts or anything like that. Some other 16 emergency lighting. A dual mount rifle and shotgun 17 rack. And then some additional parts for the camera 18 system. These are all just parts. They're -- it's not 19 the complete camera system. 20 Anyways, so that was all provided there, 21 which you should have a list of that individual item. 22 And then along with the United States Deputy Sheriff's 23 Association, upon request through a grant -- safety 24 grant program, the point blank body ballistic shield was 25 also donated, a value of $2200. 73 1 So all in total, if I had to go out and buy 2 these items brand new, it would cost me just over $9700. 3 So at my request, with your authorization, I'd like to 4 accept these items that were donated as part of the 5 County inventory and will be authorized to be used for 6 Constable Precinct 3. 7 COMMISSIONER HARRIS: I move for approval. 8 COMMISSIONER BELEW: Second. 9 JUDGE KELLY: A motion and second to accept 10 the donations to Constable Precinct 3. Any discussion? 11 Those in favor raise your hand. 12 JUDGE KELLY: Four zero. 13 MR. GONZALES: Thank you, sir. 14 JUDGE KELLY: Don't go away. 15 MR. GONZALES: All right. 16 JUDGE KELLY: Item 1.6 consider, discuss and 17 take appropriate action on a request to apply for the 18 Advanced Law Enforcement Rapid Response Training Travel 19 Assistance for FY 2023. 20 MR. GONZALES: Yes, sir. Also keeping 21 safety in mind and also finances in mind. The Office of 22 the Governor Public Safety Office, Criminal Justice 23 Division, has announced that there's a grant to help 24 cover the cost for travel, along with overtime and 25 expenses pertaining to the ALERRT training, which is the 74 1 Advanced Law Enforcement Rapid Response Training. 2 So the training itself is free, but you'd 3 have to travel to get to this training. Some of these 4 trainings are a week long. And so the cost of hotels, 5 meals, any incidentals, those are -- are having to be 6 paid for by the agency or by the County. And so this 7 grant would help cover those costs and reimburse those 8 costs when it comes to the reimbursement of hotels and 9 incidentals. 10 So I'd like to request for your 11 authorization to move forward and for our grant 12 administrator to assist me and -- for this application 13 of this grant to apply for that. And I can't speak on 14 behalf of the Sheriff, but I've met with the Sheriff 15 regarding this and their office is also going to request 16 for the same request, for the same grant. 17 COMMISSIONER BELEW: Move for approval. 18 COMMISSIONER GIPSON: Second. 19 JUDGE KELLY: Got a motion and a second to 20 approve applying for the ALERRT travel assistance grant. 21 Any discussion? 22 COMMISSIONER BELEW: I have a question. 23 MR. GONZALES: Yes, sir. 24 COMMISSIONER BELEW: You're a one-man shop. 25 What happens during that week -- 75 1 MR. GONZALES: I'm a one-man shop? Well -- 2 COMMISSIONER BELEW: -- while you're gone? 3 MR. GONZALES: -- I've had to attend 4 trainings before in my year and two months now, and so 5 what I do is I communicate with the other constables and 6 let them know that I'll be out of the office attending 7 training. And so they'll assist me by covering any 8 required duties or covering any assignments as needed. 9 Such as I did this past week for both constables that 10 went to training. 11 COMMISSIONER BELEW: Okay. People need to 12 know that. 13 MR. GONZALES: Yes, sir. 14 COMMISSIONER BELEW: That you're not going 15 to be gone and they have to be their own -- 16 MR. GONZALES: No, no. And I'm really good 17 about communicating to the clerks and to the other 18 Constables on my out of office, when I'm in training or 19 when I'm going to be out of the office. 20 COMMISSIONER BELEW: Sure. 21 MR. GONZALES: Yes, sir. 22 JUDGE KELLY: Any other discussion? Those 23 in favor raise your hand. Four, zero. 24 MR. GONZALES: Okay. Thank you. 25 JUDGE KELLY: Thank you. Item 1.7 76 1 consider, discuss and take appropriate action regarding 2 the Addendums Number 1 and Number 2 related to the 3 Request for Proposal for a new county-wide communication 4 system for the Kerr County Sheriff's Office and 5 Volunteer Fire Departments. Ms. Putnam. 6 MS. PUTNAM: Hello. I had put this on the 7 Agenda initially just in case we did need to have some 8 sort of action for this, which it looks like we do not. 9 So for informative purposes and in the interest of due 10 diligence and transparency, I have provided you with a 11 copy of Addendum 1 and Addendum 2 for the request for 12 proposal for the land mobile radio communication system. 13 These are posted to our website and available to any 14 potential proposals. 15 Our question deadline has passed and we did 16 get some questions which are also posted in public 17 notices section of our website. That deadline was on 18 9-30 so I think it's coming along as planned. But I did 19 want to put it out there about the Addendums because 20 they are required for the request for proposals that we 21 received. 22 JUDGE KELLY: So what do you need for the 23 Court? 24 MS. PUTNAM: Actually, at this quick time -- 25 Heather, we don't need -- we don't -- we don't have to 77 1 have anything for this. 2 JUDGE KELLY: So that was informational. 3 MS. PUTNAM: Information. 4 JUDGE KELLY: Okay. Don't leave. Let me 5 call 1.8 consider, discuss, and take appropriate action 6 to approve the Interlocal Agreement with local entities 7 for the Hazardous Mitigation Action Plan and allow the 8 County Judge to sign same. Ms. Putnam. 9 MS. PUTNAM: You have each been provided 10 with one of the samples of the Interlocal Agreements 11 with the -- for the entities to go with the Hazard 12 Mitigation Plan, which will be for five years. The 13 other entities are Center Point ISD, City of Ingram, 14 City of Kerrville, Hunt ISD, Ingram ISD, Kerrville ISD, 15 UGRA, Peterson Regional Medical Center, and Schreiner 16 University. 17 And all of these entities would provide a 18 $2,000 matching fund to us for the grant, for the FEMA 19 grant in order to have our Hazard Mitigation Plan. And 20 so I just need to get permission for those to be 21 accepted and signed by the Judge. 22 COMMISSIONER GIPSON: I move for approval of 23 1.8. 24 COMMISSIONER BELEW: Second. 25 JUDGE KELLY: We've got a motion and a 78 1 second to approve the Interlocal Agreement as presented 2 for the Hazard Mitigation Action Grant. Any discussion? 3 COMMISSIONER BELEW: The $2,000.00, is that 4 standard operating procedure or what? 5 MS. PUTNAM: Yes. Each County -- I can't 6 see with these -- each County does separate -- or not 7 County, entity does typically provide some matching. 8 And with -- all this is an Interlocal Agreement, it 9 saves some quite a bit as far as having to do this 10 independently. And so it's just a way of sharing the 11 cost. I'm not sure what the total comes out to, but I 12 think the County does have the majority of the cost 13 despite this. 14 COMMISSIONER BELEW: So it's not limited by 15 the contributions to the grant? 16 MS. PUTNAM: No. 17 COMMISSIONER BELEW: Okay. 18 JUDGE KELLY: Any other discussion? Those 19 in favor raise your hand. Four, zero. 20 1.9 consider, discuss and take appropriate 21 action regarding the 2023 Kerr County Resolution in 22 support of the grant application for the FY 2023 23 Indigent Defense Formula Grant Program, offered by the 24 Texas Indigent Defense Commission and authorize the 25 County Judge to sign the Resolution. Ms. Putnam. 79 1 MS. PUTNAM: This is something you do every 2 year and you should have a copy of the Resolution there. 3 And it basically gives us permission to go ahead and 4 apply for these again for this year, which is basically 5 the -- for our indigent criminal defense services in our 6 County. And I looked back and it looks like we've been 7 receiving this grant for quite sometime. 8 JUDGE KELLY: This is the formula grant. 9 MS. PUTNAM: Yes. 10 JUDGE KELLY: This is not the big grant that 11 we got for the public defender's office. These go 12 out -- this was before the public defender's office. 13 This would be about the only money that we would get 14 from the State to help defer the expense for the 15 attorneys to represent the indigents. And it's -- you 16 said you went back and looked at it? 17 MS. PUTNAM: Yes. I looked back and we have 18 resolutions that date back to over ten years. 19 JUDGE KELLY: So what were the amounts? 20 MS. PUTNAM: I have here in front of me for 21 down to 2017, it doesn't have -- it doesn't have a grand 22 total. It has it broken down as far as what our 23 estimates are. For instance, population of non-census 24 year estimates of 2017, we were at -- we had 51,645. 25 2021 is $53,024. 80 1 JUDGE KELLY: And that's -- that was the 2 point I wanted to make. These are very nominal grants. 3 We might get 30, 40, $50,000 a year from the State of 4 Texas and have a budget of 750 to $800,000. Now with a 5 five-County public defender office, they're getting a 6 grant for 1.7 million on a one-third/two-third match. 7 So this -- this is just what we've been doing forever. 8 We obviously want to accept it. But at the 9 same time, what we've done with the PDO has been a major 10 savings to the County. Any discussion? Got a motion? 11 COMMISSIONER GIPSON: I move for approval. 12 COMMISSIONER BELEW: Second. 13 JUDGE KELLY: We've got a motion and a 14 second to accept the Formula Grant Program from the 15 TIDC. Any other discussion? Those in favor raise your 16 hand. Unanimous, four zero. 17 Item 1.10, I'm going to call, is consider, 18 discuss and take appropriate action to approve an 19 Interlocal Agreement between Kerrville Independent 20 School District and Kerr County to allow KISD to use the 21 Hill Country Youth Event Center as an emergency 22 evacuation site for this coming fiscal year. 23 COMMISSIONER BELEW: I move for approval. 24 COMMISSIONER GIPSON: Second. 25 JUDGE KELLY: Okay. We've got a motion and 81 1 a second. Wade Ivy usually comes and he wanted to come 2 but was unable to make it today so I agreed to present 3 this morning. 4 COMMISSIONER BELEW: Well, so everybody will 5 know, we're up to the 9:30 break right now on the 6 Agenda. So we're just moving along. I figured Wade Ivy 7 got tired of this. 8 JUDGE KELLY: So you made the motion. 9 COMMISSIONER BELEW: I made the motion. 10 COMMISSIONER GIPSON: I seconded. 11 JUDGE KELLY: And the second. Any 12 discussion? Those in favor raise your hand. Unanimous, 13 four zero. 14 Okay. We're not going to take a break. 15 We're going to move right on. The next item is 1.11 16 consider, discuss and take appropriate action to award 17 the annual bid for delivered fuel. Miss Hoffer. 18 MS. HOFFER: On September 12th, 2022 we 19 opened the annual fuel bid. There was only one bid from 20 Maxey Energy Company out of Uvalde. We had some 21 questions regarding the bid that we took to the County 22 Attorney. The County Attorney reviewed what we had been 23 given and gave us the approval to award the annual fuel 24 bid for delivered fuel. 25 So at this time I ask the Commissioners' 82 1 Court to award the annual fuel bid for delivered fuel to 2 Maxey Energy Company in Uvalde, Texas. And Precinct 1, 3 2, and 3 is where that fuel will get used. 4 COMMISSIONER BELEW: Move for approval. 5 COMMISSIONER GIPSON: Second. 6 JUDGE KELLY: We got a motion and a second 7 to approve the bid for delivered fuel. Any discussion? 8 Those in favor raise your hand. Unanimous, four zero. 9 MS. HOFFER: Thank you. 10 COMMISSIONER BELEW: Thank you. 11 JUDGE KELLY: Okay. Item 1.12 consider, 12 discuss and amend the Court Order No. 39488 by replacing 13 two Election Judges for the term of one year in 14 accordance with the Texas Election Codes. Mr. Reeves. 15 MR. REEVES: Good afternoon, gentlemen. 16 Very simply in accordance with Texas Election Code 32, 17 we have had two judges who will be unable to serve on 18 November 8th, and I respectfully request the Court to 19 approve replacing Rex Boyland with Melayne Arnold. And 20 replacing Dallas Bingley with Gloria Gonzalez. 21 COMMISSIONER GIPSON: I move for approval. 22 COMMISSIONER BELEW: Second. 23 JUDGE KELLY: We've got a motion and a 24 second to approve the replacement of two election judges 25 that can't serve. Any discussion? Those in favor raise 83 1 your hand. Unanimous. 2 MR. REEVES: Thank you. 3 JUDGE KELLY: Thank you, Bob. 4 Item 1.13 consider, discuss and take 5 appropriate action to accept OOG, that's Office of the 6 Governor, Grant number 4498701. County Innovations 7 Grant to Address Commercial Sexual Exploitation. And 8 grant submission was done by Mercy Gate Ministries in 9 partnership with Kerr County. 10 MS. PUTNAM: Okay. Well, we are coming to 11 Court today -- 12 JUDGE KELLY: Introduction? 13 MS. PUTNAM: I'm sorry? 14 JUDGE KELLY: Karla? 15 MS. PUTNAM: Yes. Stand up here. We're 16 coming to -- I'm going to have her discuss it with you. 17 I just wanted to let you know that the grant was 18 approved and awarded and we just need the Court to 19 accept the funds, and Karla is here to speak with you if 20 you have any questions and tell you a little bit more 21 about it. 22 MS. SOLOMON: Hello. Karla Solomon, Kerr 23 County Mercy Gate Ministries. We are addressing the 24 Court this morning in regards to the funding opportunity 25 from the Office of the Governor for the Public Safety 84 1 Office and the Criminal Justice Division to the County 2 Innovations to Address Commercial Sexual Exploitation. 3 The grant was awarded to us for the $46,450.00. 4 We plan on implementing a proactive program 5 to support victim Defendants of commercial sexual 6 exploitation through specialized training opportunities 7 for County employees and judicial stakeholders. 8 Recruiting and training and placing court appointed 9 adult victim advocates to actually work directly with 10 these victim Defendants. 11 Our commitment will be to serve not just 12 Kerr County, but our surrounding counties as well. We 13 will be training, like, first responders for all 14 surrounding counties as well as court officials, 15 including prosecutors, judges, jail personnel and 16 administrative staff to help everyone in the courtroom 17 that are identified victims of sexual exploitation who 18 are also facing criminal charges. 19 So to accomplish this program, the County 20 will be entering into an MOU Agreement with Mercy Gate 21 Ministries. We will use our own financial support from 22 some of our local foundations, individuals and 23 professional organizations to also ensure that this 24 program is going to be successful. But we also with -- 25 in addition to the Kerr County and the surrounding 85 1 counties, we will also be working with multiple other 2 organizations and agencies, including law enforcement 3 and other direct service providers within our own 4 community. 5 So we are here today to ask Kerr County to 6 accept the award of the $46,450.00 from the Office of 7 the Governor, and Mercy Gates contracted partnership in 8 order to fulfill these grant requirements. 9 JUDGE KELLY: Well, I'm very pleased to make 10 a motion to approve that. 11 COMMISSIONER BELEW: Second. 12 JUDGE KELLY: And we have been working on 13 this for several years. It's finally coming true. 14 MS. SOLOMON: Yes. Second time that we have 15 applied for this and this is the first time we've 16 actually been selected. 17 JUDGE KELLY: Introduce the other people 18 here from Mercy Gates. 19 MS. SOLOMON: So we have our executive 20 director, Ms. Chae Spencer. And we also have our art 21 program director, Ms. Aubrey Reed. 22 JUDGE KELLY: And for those of you who are 23 not familiar with this ministry, it is most worthwhile. 24 COMMISSIONER BELEW: It's amazing how far 25 it's come. And I'm so proud of you. 86 1 MS. SOLOMON: Thank you. 2 COMMISSIONER BELEW: And all of your -- 3 MS. SOLOMON: We are all so excited just 4 putting it out there that our new facility will be ready 5 at the beginning of next year as well. 6 COMMISSIONER BELEW: That's awesome. 7 JUDGE KELLY: Those in favor raise your 8 hand. 9 JUDGE KELLY: Unanimous, four zero. 10 MS. SOLOMON: Thank you. 11 JUDGE KELLY: Thank you, ladies. 12 Item 1.14 consider, discuss and take 13 appropriate action to approve the contract with 14 DOCUmation and to authorize the equipment removal and 15 buyout of UBEO contract number 015-1420983-000, and 16 allow the County Judge to sign same. Sheriff. 17 SHERIFF LEITHA: Yes, sir. Commissioners 18 Court, I would like to see y'all consider a supplemental 19 agreement with DOCUmation and let the Judge sign that. 20 Basically, last year I entered a contract with 21 DOCUmation. We're switching our printers over from UBEO 22 to DOCUmation because -- well, for several years, one, 23 as far as customer service, our tech with the current 24 company, UBEO, comes out of Austin, where the other one, 25 DOCUmation, has one locally. Last year they bought out 87 1 their contracts. We switched to the other one. So I 2 want to switch this half. We had too much time in the 3 contract but now we're up where they'll buyout our 4 contract for us. 5 So that's kind of what I wanted to do today 6 basically and see if y'all give permission to the Judge. 7 I have talked to -- the County Attorney has approved 8 this. The new contract's slightly higher. But with the 9 amount of black and whites they give us and color, we'll 10 be able to -- it'll be a wash for us. So just kind of 11 wanting to switch all of them to one vendor with a local 12 rep who can service our equipment. 13 COMMISSIONER HARRIS: I'll move for 14 approval. 15 COMMISSIONER GIPSON: Second. 16 JUDGE KELLY: Got a motion and a second to 17 approve the buyout of the UBEO contract with DOCUmation. 18 Any discussion? Those in favor raise your hand. 19 Unanimous, four zero. 20 1.15 consider, discuss and take appropriate 21 action to approve the memorandum of understanding 22 between Kerr County and the Texas Department of Public 23 Safety to obtain driver records. Ms. Sanchez. 24 MS. SANCHEZ: Hi. Good afternoon. This is 25 a Memorandum of Understanding through -- with us and the 88 1 Department of Public Safety. We have this in place 2 already, they just had some changes to it. We have 3 moved from using the Number 2 to Number 1. And Number 4 10 to 9. They did some rearranging in some of the 5 documents itself. But it's the same verbiage, different 6 order. And I did give it to County Attorney and I 7 believe she's good with it. 8 MRS. STEBBINS: Yes. 9 JUDGE KELLY: Thank you. 10 COMMISSIONER GIPSON: I move for approval of 11 Item 1.15. 12 COMMISSIONER BELEW: Second. 13 JUDGE KELLY: Got a motion and a second to 14 approve the MOU with the Texas DPS. Any other 15 discussion? Those in favor raise your hand. Unanimous, 16 four-0. 17 The next item is Number 1.16 consider, 18 discuss, and take appropriate action to increase the 19 rental fee for Union Church building for all contracts 20 executed after January 1, 2023. Miss Grinstead. 21 MS. GRINSTEAD: We've been talking about 22 doing this for a couple years. Just never brought it 23 for your approval. Shane and I reached out to Jake at 24 the Youth Event Center for some guidance on what he 25 thinks rental feels should be. Currently we have not 89 1 increased the rental fee since 2015, and the rental fee 2 is $150.00. We charge a $100 cleaning deposit, as well 3 as a $100 key deposit. We think the deposits are 4 sufficient. We've -- I think we've only had one 5 cleaning deposit; we've never had a key deposit. 6 But the repairs and the upkeep on the church 7 have gotten quite expensive in the past couple years. 8 We have spent approximately $57,000. Roof repairs were 9 about 15, painting interior and exterior was just over 10 17, and then the flooring was 25,000. 11 We do need new blinds in there that Shane's 12 department has priced. They'll be anywhere from 2,000 13 to 4,000. The blinds in there are probably at least 20 14 years old. I know they're more than 16 years old. 15 So based on Jake's recommendation, he has a 16 lot of factors involved, anywhere from 400 to $800. 800 17 if we have staff; we don't have staff there. So pretty 18 much they rent it, have the use of it all weekend, but 19 we don't have staff there. We have maintenance on call 20 if they need anything. 21 So based on Jake's recommendation, as well 22 as Shane and I both agree, Jake said anywhere from 400 23 to 800. I thought going up to 800 would be a huge jump 24 since we, again, don't have staff there. But I do think 25 $400 -- four to $500.00 is reasonable. And I would want 90 1 it to go into effect any contract signed after the first 2 of the year. And then leave the -- our current policy 3 if any 501(c)(3) non-profits pay half price. 4 COMMISSIONER HARRIS: Four or five hundred? 5 COMMISSIONER BELEW: So that's curtains, 6 drapes, shades or what? 7 MS. GRINSTEAD: They have roll down shades 8 in there. 9 COMMISSIONER BELEW: Yeah, that's what I was 10 thinking. 11 MS. GRINSTEAD: Uh-huh. Yeah. 12 COMMISSIONER BELEW: So that kind of thing? 13 Those accordian style -- 14 MS. GRINSTEAD: It's a roll down like on a 15 sleeve. It's like a plastic. 16 COMMISSIONER BELEW: Okay. 17 MS. GRINSTEAD: Those need to be replaced 18 and, yeah, those are two to four thousand, is what 19 Shane's department has estimated on. 20 JUDGE KELLY: Well, we've made a lot of 21 improvements to the building. 22 MS. GRINSTEAD: A lot of improvements. A 23 lot. I mean it is a beautiful facility and I -- I feel 24 that even at 400 to 500 it's -- it's a great deal. It's 25 a beautiful venue and I had called a couple other 91 1 venues. There's one that the max capacity is half the 2 people, the facility is not as big, and it was 325. 3 COMMISSIONER HARRIS: You know, I trust 4 Jake's wisdom in this era -- area, I mean, and so I move 5 that we bump our rates to 450. We'll split the 6 difference. 7 MS. GRINSTEAD: Good compromise. 8 COMMISSIONER GIPSON: And maintain the 50 9 percent discount? 10 COMMISSIONER HARRIS: Yeah. Sure. 11 MS. GRINSTEAD: For now, probably. 12 COMMISSIONER GIPSON: I'll second that. 13 JUDGE KELLY: Okay. We got a motion and a 14 second to approve raising the rent at the Union Church 15 from $150 to $450.00, and keeping the policy at 16 non-profits at half price. Any other discussion? 17 MS. GRINSTEAD: And can we make that 18 effective January 31st -- excuse me, January 1st? 19 JUDGE KELLY: Effective January 1st. 20 COMMISSIONER HARRIS: Is that your question? 21 MRS. DOWDY: Well, my next question was 22 about the deposit. You said the deposit -- 23 MS. GRINSTEAD: Should stay the same. We've 24 had no issues with the deposits so I don't see a 25 reason -- 92 1 MRS. DOWDY: And that's been a policy, 2 right? 3 MRS. GRINSTEAD: It is. Yes. Like Shane 4 and I discussed that also and we were fine with the 5 deposit. He just had a 1:30 appointment that he had to 6 be at. 7 JUDGE KELLY: And you agree to all of her -- 8 COMMISSIONER HARRIS: Yes. 9 JUDGE KELLY: Do you? 10 COMMISSIONER GIPSON: Yeah. 11 JUDGE KELLY: Okay. All those in favor of 12 increasing the rental feel for the Union Church at 13 $450.00 and maintaining the same policies that have been 14 in place, raise your hand. 15 COMMISSIONER BELEW: The last great deal in 16 Kerr County just went away. Inflation has hit 17 everything else. 18 JUDGE KELLY: Okay. Moving on to the 19 Approval Docket. 2.1 Budget Amendments? 20 MRS. SHELTON: There are not any. 21 JUDGE KELLY: 2.2. Pay bills. 22 MRS. SHELTON: Yes. Invoices for today's 23 consideration amount to $992,183.30. 24 COMMISSIONER GIPSON: I move for approval. 25 COMMISSIONER BELEW: Second. 93 1 JUDGE KELLY: Got a motion and a second to 2 pay the bills as presented. Those in favor raise your 3 hand. Unanimous. 4 2.3 late bills. 5 MRS. SHELTON: There are not any. 6 JUDGE KELLY: 2.4 Auditor reports? 7 MRS. SHELTON: There are not any. 8 JUDGE KELLY: Thank you. 9 Item 2.5. Monthly reports. 10 COMMISSIONER HARRIS: Yes. For September 11 2022, County Clerk Jackie J.D. Dowdy, District Clerk 12 Dawn Lantz. Constables Precinct 1, Tommy Rodriguez. 13 Precinct 2, Kyle Schneider. Precinct 3, Paul Gonzales. 14 Precinct 4, Brad Rider. Justice of the Peace Precinct 15 1, Mitzi French. Precinct 2, J.R. Hoyne. Precinct 3, 16 Kathy Mitchell. Precinct 4, Bill Ragsdale. 17 Environmental Health OSSF Director, Ashli Badders. 18 Auditor's monthly report Tanya Shelton. Payroll report 19 County Treasurer, Tracy Soldan. 20 I move for approval. 21 COMMISSIONER BELEW: Second. 22 JUDGE KELLY: We've got a motion and a 23 second to -- 24 MRS. DOWDY: Dawn Lantz was not on there. 25 I meant to take that off. 94 1 COMMISSIONER HARRIS: Okay. Strike Dawn 2 Lantz. 3 JUDGE KELLY: You amend your motion 4 accordingly? 5 COMMISSIONER HARRIS: Yes, please. 6 JUDGE KELLY: And you second? 7 COMMISSIONER BELEW: Yes. 8 JUDGE KELLY: Any discussion? Those in 9 favor raise your hand. Unanimous, four zero. 10 Okay. 2.6 court orders. 11 COMMISSIONER HARRIS: Yes. I have them for 12 Commissioner Letz. Court Orders 39558 through 39593 13 from Monday, 9-26-22 regular meeting. There was one 14 amendment, right Jackie? 15 MRS. DOWDY: Correct. 16 COMMISSIONER HARRIS: That's corrected. Do 17 I need to say anything about that or -- 18 MRS. DOWDY: It was 39570. 19 COMMISSIONER HARRIS: Yes. 20 MRS. DOWDY: And we just -- it was a 21 clerical. I had duplicate language that didn't need to 22 be in there. 23 COMMISSIONER HARRIS: Right. So now they're 24 correct and I move for approval. 25 COMMISSIONER BELEW: Second. 95 1 JUDGE KELLY: Got a motion and a second to 2 approve the Court Orders as amended and presented in 3 Court. Any discussion? Those in favor raise your hand. 4 Unanimous, four-0. 5 Then we have consider, discuss and take 6 appropriate action on approving the Court Orders 39558 7 through 39593, from the September 26th, 2022 regular 8 term, to address making a correction to Court Order 9 39582 from September 26th, 2022, to address making a 10 correction to 39545 from September 12 at 2022, to 11 address making a correction to the Court Order No. 39481 12 from August 22, 2022, and to address making a correction 13 to Court Order 39073 from November 15, 2021. 14 UNIDENTIFIED VOICE: Can you repeat that? 15 JUDGE KELLY: Miss Dowdy. 16 MRS. DOWDY: Yes. So I've had other Court 17 Orders come to my attention that needed to address 18 clerical corrections. I believe Commissioner Letz said 19 on the first one, Order 39582. That was referencing a 20 safety committee. And the motion and order was to 21 include the Treasurer and her designee. And the Chief 22 Deputy Treasurer and her designee. But come to find 23 out, I believe that was supposed to be HR. And so we 24 need to put that one back on the agenda. That's what 25 Commissioner Letz -- that's the last thing I heard him 96 1 say about it. So can we just skip that one for another 2 time? 3 JUDGE KELLY: Okay. So we'll pass on that 4 one. 5 MRS. DOWDY: And then the correction to 6 39545 from 9-12-2022 was I failed to put in there waive 7 platting oversight improvements from the City of 8 Kerrville on an amending plat. So the one presented in 9 the backup makes that correction. So I would request 10 that we make that correction. 11 And then on the last one, 39481 -- or not 12 last one, second to last one. 39481 from 08-22-22, that 13 was clerical. In the title lists the developer or 14 someone in that realm, found that I misspelled in the 15 title of Guilanshah Road. I left out an H. So the 16 proposed correction evolved from there. 17 And then 39073 from 11-15-2021 corrects the 18 Court Order, and the Agenda Item was presented as 3421, 19 because that's what the requester put it as. They put 20 the wrong court order. And so it got on the agenda that 21 way inadvertently. So we just -- I have it corrected on 22 the copy in there. 23 So I would recommend -- I'm requesting the 24 Court make the corrections to -- as presented, 39545, 25 39481, and 39073. 97 1 COMMISSIONER HARRIS: I move for approval. 2 COMMISSIONER GIPSON: Second. 3 JUDGE KELLY: Got a motion and a second to 4 approve the corrections to Court Orders 39545, 39481, 5 and 39073, as presented. Any discussion? I think we've 6 probably already said too much about this. Those in 7 favor raise your hand. It's nice and clean now. All 8 tidy. 9 MRS. DOWDY: Thank you. 10 JUDGE KELLY: Information Agenda. Status 11 reports from Department Heads. No one? I'm not going 12 to put you on the spot. 13 MS. WILLIAMS: Thank you. 14 COMMISSIONER BELEW: That's your only 15 Mulligan. 16 MS. WILLIAMS: I appreciate it. 17 JUDGE KELLY: Item 3.2 status reports from 18 Elected Officials. 19 3.3. Status reports from Liaison 20 Commissioners. 21 COMMISSIONER GIPSON: Yeah. Excuse me. 22 There's a deal in your box from Veteran Liaison 23 Officer -- or Veteran Service Officer. Performance is 24 awfully good. Just wanted you to know that it would be 25 in your box. 98 1 COMMISSIONER HARRIS: Yes. Michael Haynes 2 from Extension called me and said -- feels like he has 3 some good candidates to interview coming up for our 4 vacant spot. So I wanted to let you know that. 5 COMMISSIONER BELEW: And I don't know how 6 the Historical Commission can take having new curtains 7 in their facility. They like old stuff. 8 MRS. GRINSTEAD: They want them to work 9 though, also. 10 JUDGE KELLY: Okay. Anything else? Then we 11 are finally adjourned. 12 * * * * * * 13 14 15 16 17 18 19 20 21 22 23 24 25 99 1 STATE OF TEXAS * 2 COUNTY OF KERR * 3 I, DEBRA ELLEN GIFFORD, Certified Shorthand 4 Reporter in and for the State of Texas, and Official 5 Court Reporter in and for Kerr County, do hereby certify 6 that the above and foregoing pages contain and comprise 7 a true and correct transcription of the proceedings had 8 in the above-entitled Regular Commissioners' Court. 9 Dated this the 21st day of October, 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