1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Regular Session 5 Monday, October 24, 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 *** Public Input. 7 4 *** Commissioner's Comments. 19 5 1.1 Consider, discuss, and take appropriate 22 action regarding the 198th Asset Forfeiture 6 Budget. 7 1.2 Consider, discuss and take appropriate 23 action to approve Proclamation regarding 8 the District 2840 Rotary Conference. 9 1.3 Consider, discuss, and take appropriate 23 action to rescind Court Order #39164, 10 leasing of two(2) Ford F-150 trucks, and approve leasing two(2) Dodge Ram trucks from 11 Enterprise Fleet Management. 12 1.4 Consider, discuss and take appropriate 30 action to surplus items for IT. 13 1.5 Consider, discuss and take appropriate 31 14 action to reappoint William Aycock to the Emergency Services District #1 (ESD #1) 15 Board. Current term expires 10-26-22. 16 1.6 Consider, discuss, and take appropriate 32 action on Court Order 39582 from 09-26-2022 17 Commissioners' Court meeting regarding the Safety Committee. 18 1.7 Consider, discuss and take appropriate 34 19 action to make proposed changes to the fee schedule of the County Clerk's office. 20 1.8 Consider, discuss, and take appropriate 42 21 action to approve Resolution for Dietert Center to apply for Texas Department of 22 Agriculture grant for Meals on Wheels services in Kerr County. TDA is now using 23 the 2020 Census information so the match increased from $4,500.00 to $4,624.50. 24 25 3 1 I-N-D-E-X 2 NO. PAGE 3 1.9 Consider, discuss, and take appropriate 46 action to approve contract with the Dietert 4 Center, and allow County Judge to sign same. Approving contract at $4,624.50 will require 5 a budget amendment. 6 1.10 Consider, discuss, and take appropriate 46 action to accept Request for Proposals 7 (RFP) for a new county-wide communication system for the Kerr County Sheriff's Office 8 and Volunteer Fire Departments. 9 1.11 Consider, discuss and take appropriate 48 action to appoint a Selection Review 10 Committee to score the Request for Proposals for the new county-wide communication system 11 for the Kerr County Sheriff's Office and Volunteer Fire Departments. 12 1.13 Consider, discuss and take appropriate 56 13 action to approve contracts with Turtle Creek Volunteer Fire Department, and CASA, 14 and allow County Judge to sign same. 15 1.12 Consider, discuss and review Selection 57 Criteria to be used by the Selection Review 16 Committee when reviewing Request for Proposals (RFP) for a new county-wide 17 communication system for the Kerr County Sheriff's Office and Volunteer Fire 18 Departments. 19 1.14 Public Hearing for proposed cancellation of 58 Privilege Creek Ranches Lots 1A-11A, 12-17, 20 32, and 34-40, Vol. 8 Pages 21-26, Vol. 8 Pages 61-65, Vol. 8 Pages 87-91. 21 1.15 Public Hearing for revision of plat for Hill 58 22 Country Estates Section Two Tract 6, Volume 3, Page 30. 23 1.16 Public Hearing for revision of plat for 58 24 Ingram Hills Subdivision Tract 59, Volume 3, Page 149. 25 4 1 I-N-D-E-X 2 NO. PAGE 3 1.17 Public Hearing for revision of plat for 59 Scenic Valley Springs Phase 2, Lot 2. 4 1.18 Public Hearing for revision of plat for 59 5 Mystic Ridge Estates, Lots 5 and 19. 6 1.19 Consider, discuss, and take appropriate 59 action for the Court to approve a revision 7 of plat for Mystic Ridge Estates, Lots 5 and 19. 8 1.20 Public Hearing for a revision of plat for 60 9 Kerrville Country Estates Section 2, Lot 35. 10 1.21 Consider, discuss, and take appropriate 60 action for the Court to approve a revision 11 of plat for Kerrville Country Estates Section 2, Lot 35. 12 1.22 Consider, discuss and take appropriate 61 13 action for the Court to set a public hearing for 10:00 a.m. on November 28, 2022 for a 14 revision of plat for Hill Country Estates Section Two, Tract 6. 15 1.23 Consider, discuss and take appropriate 62 16 action for the Court to set a public hearing for 10:00 a.m. on November 28, 2022 for a 17 revision of plat for Creekside at Camp Verde Phase 2. 18 1.24 Consider, discuss and take appropriate 63 19 action for the Court to approve a proposed cancellation of Privilege Creek Ranches Lots 20 1A-11A, 12-17, 32, and 34-40. 21 1.25 Consider, discuss and take appropriate 65 action to offer Road & Bridge equipment as 22 a trade-in for new equipment of the same general type per Local Government Code 23 263.152. 24 1.26 Consider, discuss and take appropriate 67 action for Commissioners' Court approval 25 regarding the HOLT CAT Sales Agreement Number 307865. 5 1 I-N-D-E-X 2 NO. PAGE 3 1.24 Consider, discuss and take appropriate 69 action for the Court to approve a proposed 4 cancellation of Privilege Creek Ranches Lots 1A-11A, 12-17, 32, and 34-40. 5 1.27 Consider, discuss and take appropriate 71 6 action for Commissioners' Court approval regarding the Nueces Power and Equipment 7 Purchase Contract for one (1) 2022 Hamm HP-180-10 Pneumatic Roller. 8 1.28 Consider, discuss and take appropriate 73 9 action for Commissioners' Court approval regarding the RDO Equipment Company purchase 10 Order Number 1594871. 11 1.29 Consider, discuss and take appropriate 73 action for Commissioners' Court approval 12 regarding the Nueces Power and Equipment Purchase Contract for one (1) 2020 Hamm 13 H10i Cab 84" smooth drum roller. 14 1.30 Consider, discuss and take appropriate 77 action to approve UBEO Rental Contract, 15 Non-Appropriation Addendum and Maintenance Supply for equipment, and have County 16 Judge sign the same. 17 2.2 Pay Bills. 78 18 2.3 Late Bills. 78 19 2.4 Auditor Reports. 79 20 2.5 Accept Monthly Reports. 79 21 2.6 Court Orders. 80 22 2.6(a) Consider, discuss and take appropriate 81 action on making a correction to Court 23 Orders 39555 and 39556 from 09-12-2022 specifically to correct a clerical error 24 in the item number. 25 3.3 Status reports from Liaison Commissioners. 82 6 1 I-N-D-E-X 2 NO. PAGE 3 5.1 Action as may be required on matters 83 discussed in Executive Session. 4 *** Adjournment. 84 5 *** Reporter's Certificate. 85 6 * * * * * * 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 7 1 JUDGE KELLY: Court will come to order. It 2 is Monday, October the 24th, 2022. It's 9 o'clock in 3 the morning and the Kerr County Commissioners' Court is 4 now in session. With that, would you please rise for 5 the pledge and the prayer which will be led by 6 Commissioner Belew. 7 COMMISSIONER BELEW: Let's pray. 8 (Prayer and Pledge of Allegiance.) 9 JUDGE KELLY: I'm going to remind everybody 10 to turn your phones to silent or vibrate or off so you 11 don't interrupt the proceedings. 12 Okay. We have some folks that want to address the Court 13 in the public input part of the agenda. We'll call them 14 off in the order that they were presented. First is 15 Fred Henneke. And for those of you who don't know, he's 16 our former County Judge. 17 MR. HENNEKE: Good morning, everyone. Fred 18 Henneke, 2595 Bandera Highway, just outside the City 19 limits towards Comanche Trace. I'm a member of the 20 Citizens Supporting Kerr County Legally Constituted 21 Special Public Action Committee supporting the bond 22 issue that is on the ballot. And I want to remind 23 everyone that early voting began this morning. 24 I first came to Kerr County in 1973 to get 25 married. Married a local girl. Actually got married in 8 1 the old sanctuary at the First Presbyterian Church. 2 19 years later, my wife and I and our three sons moved 3 from Dallas to a summer vacation home about a quarter of 4 a mile passed Camp Mystic out in Hunt. Amazing 5 beautiful place. But what a difference from Dallas it 6 was. 7 Kerr County accepted us, sustained us, loved 8 us, supported us, and provided us with an amazing place 9 in which to live and work, worship, and raise our 10 family. But I want to continue that in the future for 11 your children, my children, your grandchildren, your 12 great-grandchildren. 13 The committee that was formed buy this 14 Commissioners' Court almost three years ago exactly has 15 worked diligently to come up with proposals to solve 16 critical issues about capital improvements owned by the 17 County. We want to do things like continue to provide 18 facilities for 4-H to flourish. To provide a classroom, 19 a conference room and a kitchen which they can schedule 20 and then go and have their lessons and classes and enjoy 21 the fruits of that amazing program. 22 I stand with former County Judge Pat Tinley 23 in making the statement that I never had a juvenile come 24 before me in Juvenile Court who participated in 4-H. We 25 want to provide the facilities going forward for 20 or 9 1 30 years to continue that tradition and even expand it. 2 We want to provide a permanent home in West Kerr County 3 for a courthouse annex. By a law, the Justice of the 4 Peace and Constable for Precinct 4 have to have their 5 offices in Precinct 4 in West Kerr County. For years 6 the citizens of West Kerr County have enjoyed a tax 7 office annex out there where they could go, pay their 8 taxes, take care of their cars, their license plates and 9 all that. 10 Additionally, the new West Kerr County annex 11 that we propose will have facilities for the Sheriff's 12 Department, where the deputies patrolling West Kerr 13 County can go, check their e-mails, do their reports, 14 file electronically, and meet with people. It will 15 enhance amazingly the ability of the Sheriff's 16 Department to safely protect West Kerr County. 17 Additionally, we're proposing an animal 18 shelter that will be humane to satisfy the demands of 19 the State in taking care of stray animals that come into 20 the possession of the County. The only way to describe 21 the current facility is inadequate and inhumane and we 22 have the land -- the County has the land and the plans 23 to create a facility that will take care of those 24 animals and the owners who love them. 25 Additionally, we're going to have a storage 10 1 building. The State mandates that many records have to 2 be kept in perpetuity. Sheriff's Department records. 3 County Clerk records. Deeds. Tax records. License 4 plate records. 5 Additionally, the election equipment must be 6 kept safely and securely by law. We are proposing a 7 facility to do that. We're also proposing to enhance 8 the security options there in the courthouse. 9 I love Kerr County. It's my home. Been here now for 30 10 years. And intend to stay here for the rest of my life. 11 I want this County to continue to be able to provide the 12 care and comfort and opportunity that is provided to me 13 and my family for 30 years. 14 The bond issue that's proposed and is before 15 the voters right now gives the County employees and the 16 County citizens the opportunity and the ability to 17 continue to flourish. And I ask for you to vote for 18 each of the three propositions which you'll find at the 19 end of the ballot when you go to vote in this general 20 election. Thank you. 21 JUDGE KELLY: Ran a little over on that one. 22 (Laughter.) 23 JUDGE KELLY: Next member of the public to 24 speak is Chris Hughes, who is the President of our ESD 25 #1, I think. 11 1 MR. HUGHES: Yes. I tried to write it down 2 so I could stay in three minutes. Chris Hughes, 550 3 Indian Creek Road. Also a member of the Capital 4 Improvements Planning Committee. Speaking in support of 5 the bond. 6 So a veil of citizens has provided 7 recommendations to address this critical infrastructure 8 and safety needs for the County. You've agreed, and the 9 bond proposals on the upcoming ballot are the cheapest 10 and quickest, smartest way to fix these critical issues. 11 But some are actively campaigning against it. I think 12 it's important to understand the truth and consequences 13 if these bonds do not pass now. 14 So what are the taxpayers going to be asked 15 to bear if the bonds do not pass? Waiting means 16 fighting inflation, raising interest rates. Just a 17 one-year delay increases the net cost of these projects 18 by $6.8 million and it only goes up from there in future 19 years. 20 But the courthouse compliance with the 21 unfunded mandates to expand the jury room is not 22 optional. If not done, County risks being ineligible 23 for State grants, and last year a total of $1.5 million. 24 And as required by law, in West Kerr County, Ingram's 25 old building is available for three years only. And 12 1 extending that lease is not an option. Purchasing that 2 hundred-year-old building is going to be a money pit for 3 the County. So the County needs to start a real 4 solution now to meet this deadline. 5 Four years of deferred maintenance has 6 created feasibility and safety issues at the AG barn. 7 Without improvement, students, you'll have to decide 8 whether or not events can continue to be held at that 9 facility and that includes the Junior livestock show 10 that put $1.1 million into our kids' pockets last year. 11 We would also continue forfeiting two and a half to five 12 million dollars in local economic impact from events 13 that decide to go elsewhere. 14 Current Animal Services facility is 15 overcrowded, inefficient and inhumane. Moderate 16 remodeling is not going to resolve the core operational 17 deficiency. Opposition agrees with almost $9 million of 18 these projects, and that doesn't include the cost for 19 anything we're going to do in the West Kerr annex. But 20 they haven't really given a clear explanation of how 21 they're going to pay for it. Grants don't exist for 22 these projects. Volunteer labor is not realistic nor is 23 it recommended. And I doubt this Court's going to be 24 eager to put together some tax anticipation notes on a 25 bunch of projects the voters just rejected. 13 1 So that leaves two facts before us. The 2 bonds and paying out of budget. Taxes will increase 3 under both paths for this County. With the bonds, we 4 can start these critical projects now while interest 5 rates and cost are as low as they will be for a long 6 time. 7 All six projects will be done within three 8 years and the average taxpayer cost will only be eight 9 sixty-two a month. Totals about 2300 over 20 years. 10 Without the bond any projects must be paid out of an 11 already tight budget. So while you're trying to save 12 the cash, you're fighting inflation, wasting money, and 13 not enjoying the benefits of facilities you could 14 already be using. 15 To pay out of budget property taxes must 16 increase at the maximum rate every single year for the 17 foreseeable future. At the end of 20 years, there will 18 be only two projects. The completed, first one begins 19 in ten years. And the taxpayers will each have paid an 20 average of $10,300 each. 21 The bonds are a smart, responsible choice. 22 Passing Props A, B, and C is five times cheaper and 23 provides three times the benefit for the voting no. The 24 time is now and voting no is actually a vote for even 25 higher taxes. 14 1 I encourage everyone to get the facts at 2 KerrCountybonds.org. Encourage everyone to vote for 3 Props A, B and C. Thank you. 4 JUDGE KELLY: Next speaker is John 5 Sheffield. 6 MR. SHEFFIELD: Good morning, gentlemen, 7 Commissioners, Your Honor. Thank you for your time. I 8 didn't know who all was going to be here today. So I'm 9 the owner of the Ole Ingram Grocery. I live at 204 10 Verde Park Boulevard in Center Point. 11 I've been at the Ole Ingram Grocery for 22 12 years, gentlemen. And for those 22 years we've paid the 13 taxes and the inventory taxes of this county. That 14 building is 75 years old. I'd love to have another 15 building. I'd love to have another roof. 16 But some of us don't have the resources that 17 others do. And I know Mr. Hughes. He's my next-door 18 neighbor. I like Chris a lot. People are a little more 19 interested in putting food on their table, gentlemen, 20 okay, instead of going up higher. Not only do we have a 21 wage adjustment of five percent at the County, when 22 people -- I understand everybody out there -- let me 23 back up. 24 Everybody out there is paying more. But 25 when you're in business, you're making less money to pay 15 1 that more. And what I really don't appreciate getting 2 around to it is I know we have a bond election. And I 3 know we have some opposing positions. But I'm going to 4 read -- this came to me from the Secretary of State. 5 And it's under the Ethics Commission 255.003. Unlawful 6 use of public funds and political, excuse me, 7 advertising. An officer or employee of a political 8 subdivision may not knowingly spend or authorize the 9 spending of public funds for political advertising. 10 B. Subsection (a) does not apply to the communication 11 that factually describes the purposes of a measure if 12 the communication does not advocate or defeat -- 13 advocate a passage or defeat of the measure. 14 An officer or employee of a political 15 subdivision may not spend or authorize the spending of 16 political -- or excuse me, public funds for a 17 communication describing a measure if the communication 18 contains information that the officer employee knows is 19 false and is sufficiently substantial and important as 20 to the reasonable likelihood to influence a voter or 21 vote for or against the measure. 22 Now, we had a press release on August 15. 23 Kerr County. And I'm not going to mention any names. 24 But it sure seems like it was in the advocating for this 25 bond. And it talks about needs, it talks about wants. 16 1 The County realizes local families are feeling the 2 impact. 3 There's more. I'm not going to go anymore. 4 But gentlemen, just like I have to at the store, we need 5 to live within our means. I understand these wants, 6 needs, however you want to argue it back and forth. The 7 problem is we're in a pickle right now. All of us. And 8 we're feeling it. And I appreciate your time and have a 9 good day. 10 JUDGE KELLY: Next speaker is George 11 Baroody. 12 MR. BAROODY: Thank you. Shift gears a 13 little bit. We're not going to talk about the bonds, 14 but we are going to talk about unfunded mandates as 15 it -- as it were. So a couple weeks ago the City of 16 Kerrville created something called a Public Facility 17 Corporation. I'll just start calling it a PFC. And 18 they characterized it as a tool to incentivize creation 19 of affordable housing. Essentially apartments. Nobody 20 would be against building more affordable housing. We 21 need that. Okay. That's fine. 22 But the most prominent incentive in this 23 tool is a hundred percent property tax exemption, which 24 includes not just the City's taxes but the County's and 25 the School District taxes given to the authorities of 17 1 this corporation, which essentially is creating an 2 unfunded mandate to each of those other taxing entities, 3 yours -- this one included. Which is mine as well. 4 Now, there's not really a need to discuss 5 here, it's not the time or the place, whether this will 6 produce truly affordable housing or not. But what I 7 wanted to address is just that aspect of one City -- 8 one taxing entity having the -- it's actually a legal 9 authority to exempt fully the property taxes, which 10 affect this body as well as KSD in substantial ways. 11 And I've already spoken with a couple of you. I came 12 here to ask questions. 13 You guys are -- Open Meetings Act allows you 14 to answer factual questions. You're going to choose not 15 to so I'm going to ask them anyways just so you know. 16 No answer. I've looked at the records. It's not here. 17 But basically, has this -- did this body 18 have any discussions individually or in a public meeting 19 or get notified by the City's intentions with this 20 Public Facility Corporation? And we can all look at the 21 record and the answer is no. 22 Has this body discussed the idea of allowing 23 the City to unilaterally exempt Kerr County taxes 24 permanently on a development? You can look at the 25 record and the answer is no. 18 1 Did the Commissioners speak/discuss their 2 support in a meeting for this type of a structure to be 3 given to the City? The answer is no. 4 Interestingly enough, when asked the 5 questions to the City when they were creating this, the 6 answer was yes. They said basically that discussions 7 have been had with the school board and the 8 commissioners, and they said specifically that the 9 School District was in support of this. When I went to 10 the school board to ask them that, I was given a 11 resounding no. They had not. 12 So as it stands right now, the City is 13 running forward with a proposition that essentially 14 exempts hundred percent property taxes on residential 15 properties without any control being given to anybody 16 else. 17 As we've spoken about the bond, we're 18 talking about bringing on new expenses. When you're 19 talking about new apartments, and to be clear the City 20 has said that we need 3,000. Their study shows we need 21 3,000 new housing units. Consider all of those housing 22 units were done under this program. No property tax 23 coming in from them. That's millions of dollars 24 annually. Not just one time, it's annual, that would be 25 lost to the community in taxes. 19 1 So I would encourage this body to consider 2 having a discussion openly from this body, deciding 3 whether you're for or against this, and convey that 4 information to the City as they move forward with 5 something that affects us all. Thank you. 6 JUDGE KELLY: Those are the only people that 7 have signed up to speak at the Court today. So we'll go 8 to Commissioners Comments. Let's start with Precinct 1. 9 COMMISSIONER BELEW: Glad for the rain. I 10 don't have anything else really to say. 11 JUDGE KELLY: It wasn't that much. 12 COMMISSIONER GIPSON: I wish it was more. 13 About a month ago, I was the only Commissioner available 14 and I went out to the jail because the -- the State 15 inspector was there and accepted his report. And it was 16 a 100 percent positive report, which is a rare thing, 17 and I wanted to congratulate the Sheriff and staff at 18 the jail. 19 SHERIFF LEITHA: Thank you. 20 JUDGE KELLY: Just to footnote that. The 21 four years that I've been County Judge, we've had the 22 same good report. Each time. So we're proud of what 23 you do in the jail. Go ahead. 24 COMMISSIONER LETZ: Two things. One, I was 25 going to do this before Paige showed up, Bryant 20 1 Williams' daughter. I was going to, again, commend the 2 three individuals that were recognized by the City. 3 Bryant Williams, Digger Gray, and Bobbie Joines. Bryant 4 was my boss at Exxon. And probably had a huge -- well, 5 not probably, he had a huge influence on how I conducted 6 business, how I learned management skills and things of 7 that nature. And he and I became good friends when I 8 was at Exxon. 9 We used to -- in the early days Exxon threw 10 large parties in the offices and they kinda cut that 11 out, but they were very lavish and very fun parties. We 12 used to fly first class back then, too. But that's -- 13 but I remember one time we -- I thought that I could 14 drink scotch along with Bryant. And I remember the next 15 morning he came by my office at 7:15, which is our 16 starting time, and he had a big smile on his face and he 17 says, "If you're going to party with me you better be 18 here on time." Anyway, great man. Good friend. And 19 well deserving of that award. 20 Another comment I'd make is it's just kind 21 of a general comment. When people are reading things on 22 websites and papers about the bond issue, you know, 23 verify some things. Everything written is not true. 24 Things are exaggerated. Things are misguided at times. 25 This isn't a statement for or against the bond issue. 21 1 I'm just saying you need to be careful what you read. 2 People can print anything they want and there's no 3 really accountability to it. So beware. That's it. 4 COMMISSIONER HARRIS: Well, I'll feed off of 5 your deal. My uncle used to fly for Exxon and fly the 6 executives around so he probably flew y'all around at 7 one point. 8 COMMISSIONER LETZ: He didn't fly me. He 9 might have flied Bryant around. 10 COMMISSIONER HARRIS: Well, he started out 11 with the Humble Oil and ended up transitioning to Exxon. 12 I just want to point out a couple things 13 coming up. Friday at Ingram Tom Moore stadium they're 14 having a tailgate party. It starts at 5:00, which is 15 kind of a fun deal. 16 The next day Center Point has a fish fry 17 starting at 4:00. A fundraiser for them over there. As 18 well as Tierra Linda has one at the same time. I 19 believe theirs is barbecue. And they'll both have, I 20 believe -- I know Tierra Linda has a raffle and they'll 21 have a silent auction at Center Point for their 22 fundraiser. 23 And then immediately after that, at 5:00 24 starting the Hunt School fall carnival. And that's 25 always a fun deal. Has silent auction and fundraiser 22 1 for them. Plus all the kids will be dressed up in 2 Halloween costumes and what have you. Fun stuff. 3 That's all. 4 JUDGE KELLY: All good. Okay. 5 COMMISSIONER BELEW: I have one more thing I 6 just want to say for the record. Our Animal Control was 7 characterized as being inhumane today. I take issue 8 with that. I think they're doing a great job over there 9 and that was uncalled for. That's not the point of 10 this. You know, sometimes you put a little bit too much 11 sauce on it and I think that was it, and I don't 12 appreciate it. 13 JUDGE KELLY: Okay. Let's move on and start 14 the consideration agenda. Item 1.1 consider, discuss, 15 and take appropriate action regarding the 198th Asset 16 Forfeiture Budget. Our District Attorney, Steve 17 Harpold. 18 MR. HARPOLD: Good morning, everyone. I'm 19 here if y'all have any questions. 20 COMMISSIONER BELEW: How's your day going? 21 MR. HARPOLD: Very glad to be alive. 22 COMMISSIONER BELEW: We're not going to ruin 23 it, you know. 24 MR. HARPOLD: Yeah, I know. Thank you for 25 that. We never spend that much by the way. We just -- 23 1 we just come up with it on the budget. 2 COMMISSIONER LETZ: You want us just to 3 approve it? 4 MR. HARPOLD: If you would, please. 5 COMMISSIONER LETZ: I'll make a motion that 6 we approve the budget submitted for the asset forfeiture 7 fund. 8 JUDGE KELLY: As presented? 9 COMMISSIONER LETZ: As presented. 10 COMMISSIONER BELEW: Second. 11 JUDGE KELLY: A motion and a second to 12 approve the forfeiture -- forfeiture budget. Any open 13 discussion or comments? Those in favor raise your hand. 14 Unanimous, five zero. Thank you, Steve. 15 MR. HARPOLD: Thank y'all very much. Have a 16 great week. 17 JUDGE KELLY: 1.2 consider, discuss and take 18 appropriate action to approve the Proclamation regarding 19 the District 2840 Rotary Conference. That was going to 20 be Charlie McIlvain but I don't see him here. 21 MRS. GRINSTEAD: He was going to work on a 22 Resolution but I never received one, so -- 23 JUDGE KELLY: We'll pass on that. Hopefully 24 we'll get back to it. 25 Item 1.3 consider, discuss, and take 24 1 appropriate action to rescind Court Order No. 39164, 2 leasing two Ford F-150 trucks, and approve leasing two 3 Dodge Ram trucks from Enterprise Fleet Management. 4 Reagan Givens. 5 MR. GIVENS: Good morning. Once again, back 6 to talk about some vehicles. As you are all aware, I'll 7 just refresh your memory. We had been approved for 8 leasing of two Ford F-150's, actually on last year's 9 budget. They were ordered over a year ago and they -- 10 they've never come in. Just recently I found out 11 that -- well, that order was actually canceled and then 12 we got another one. That was approved, signed by the 13 Judge back, I believe, in January of this year. And 14 that order was canceled as well. 15 The representative with Enterprise has found 16 two Dodge pickups that I believe as they call them on 17 the ground, which means they're built. They're out 18 there somewhere. The price difference on those is a 19 little bit different. We went from what was canceled -- 20 we went from one being 839 -- roughly $839.00 a month to 21 both of these units being $982.00 per month. And then 22 the other canceled Ford was going to be $788.00 a month. 23 So in speaking with Enterprise, basically 24 she kind of did some math on it for me. Basically 25 it's -- came out roughly about $150.00 a month 25 1 difference per truck, which I have some other figures in 2 there if y'all want them, but the -- the bottom line is 3 the two vehicles that I need to replace we've actually 4 reached the point where I have to park them. 5 One of them has got the hole in the rear 6 differential. Don't know how that happened, but that's 7 going to be costly. The other vehicle, AC doesn't work, 8 oil pump's going out, four-wheel drive doesn't work. 9 You name it. It -- it's just -- it needs new tires. We 10 need to spent probably about $8,500.00 on these two 11 vehicles to keep them on the road, which obviously we 12 don't want to do at this point. 13 So this is a little bit different price, 14 keep in mind also we are selling -- and I don't really 15 know exactly how that process works, but we are going to 16 be getting some -- getting rid of some vehicles as well. 17 So what we can get for those through the Enterprise 18 program will help to offset some of that cost we'll 19 incur. So we don't have a lot of options out there. 20 COMMISSIONER LETZ: So we just need to 21 basically approve an additional about 150 a month per 22 vehicle for the lease? 23 MR. GIVENS: Yes, sir. Yeah. Around that. 24 COMMISSIONER LETZ: And do we have money 25 somewhere, Miss Auditor? 26 1 MRS. SHELTON: Somewhere. 2 COMMISSIONER LETZ: Yeah. We need to do it, 3 obviously. And the Sheriff's been helpful in giving you 4 some -- and I hate to call them vehicles. But -- 5 MR. GIVENS: Well, and part of this, too, is 6 there's been a -- the vehicle costs are up 15 percent, 7 after market costs are up 20 for anything that we need 8 to get on the vehicle. Transport costs are up 30. So 9 all these costs are just rising. 10 COMMISSIONER LETZ: I'll make a motion that 11 we authorize the change of contract -- or yeah, the 12 contract with Enterprise for the two Dodge vehicles that 13 will be about $150 a month more on the lease. 14 MRS. SHELTON: And the budget amendment to 15 go along with it? 16 COMMISSIONER BELEW: Do we need to do that? 17 COMMISSIONER LETZ: Do we need to do it now 18 to know where it's coming from? 19 MRS. SHELTON: We can wait. We've got it in 20 our contingency fund. 21 COMMISSIONER BELEW: Well, I have a 22 suggestion for you. There's something that we are -- 23 and a while back we had the citizen emergency thing in 24 the budget. I did some calling around and found out 25 that there's not very many people engaged in it or 27 1 participating. And we have money in that budget that's 2 not being used. So that would be one place we could 3 find this small amount of money. 4 I did a little poll that came up in Court. 5 We have an emergency group of citizens and they get 6 called out. Everybody I called said no and some of them 7 didn't call back. They moved or something. That's what 8 we have on file with HR. So unless there's another list 9 out there someplace, we got money in that budget that 10 doesn't need to be there. 11 COMMISSIONER LETZ: Are you talking about 12 the first responders? 13 COMMISSIONER BELEW: Yeah, the first 14 responders. 15 COMMISSIONER LETZ: C.E.R.T.? 16 COMMISSIONER BELEW: No, what we pay for; 17 not your C.E.R.T., but it's through -- it's in 18 cooperation with the City of Kerrville Fire Department. 19 And I asked Eric Maloney, who's the chief, to let me 20 know how many participants and he never responded. So I 21 tracked them down, talked to them. Ain't nobody doing 22 it. Unless there's another list someplace, that money 23 is just sitting there. And we pay for the oxygen tanks. 24 I signed the form. And that money -- that's used. 25 But these other ones, we -- we either need 28 1 to revamp that program, update it or something. Because 2 there's just money sitting there not being used. And I 3 think it's a good program. I'm not against the program. 4 But there's not anybody participating. And I called 5 them all personally. 6 COMMISSIONER HARRIS: Well, rather than make 7 a snap decision right here on it, I -- I want to look 8 into it myself. But -- 9 JUDGE KELLY: It's not on the agenda so we 10 can't -- 11 COMMISSIONER BELEW: I -- I understand it's 12 not on the agenda, but I wanted to alert everybody while 13 I have the opportunity that there's money available. We 14 may have other stuff sitting around in a cookie jar. 15 MRS. DOWDY: Who seconded it? Beck, did you 16 second it? 17 MR. GIPSON: This motion, yes, I'll second 18 it. 19 COMMISSIONER LETZ: I'd rather have the 20 budget amendment come back after the fact so we know 21 exactly what it's going to be. But my motion was to -- 22 to approve the revised contract with Enterprise to 23 purchase the two new Dodge trucks. 24 JUDGE KELLY: Well, I think the Order needs 25 to rescind the existing order on the Ford trucks. 29 1 COMMISSIONER LETZ: Right. Right. 2 JUDGE KELLY: And enter an order approving 3 the contract lease agreement on the Dodge trucks. 4 COMMISSIONER LETZ: And authorize the County 5 Judge to sign the contracts. 6 JUDGE KELLY: Okay. So that's the motion 7 and second. 8 COMMISSIONER GIPSON: Yes. 9 JUDGE KELLY: Any other discussion? 10 COMMISSIONER HARRIS: Yes. Reagan, when can 11 we actually touch these things? 12 MR. GIVENS: She told me that we could have 13 these -- they have -- they're shipping them in from, I 14 believe, Missouri. And she talked about the first week 15 of November. Very quickly. Which would be really good. 16 COMMISSIONER HARRIS: Okay. Good deal. I 17 went and visited with Reagan last week, I hadn't seen 18 the new facilities out there, and we got to talking 19 about trucks. And he's pointing them out. And just 20 walking past them looking at the tires, they wouldn't 21 even pass inspection. I mean, that's where we're at 22 with them. 23 MR. GIVENS: We're basically trying to hang 24 on as long as we could and not spend money on that. 25 COMMISSIONER HARRIS: I know. I know but I 30 1 doubt -- we don't need to put anymore money into them. 2 JUDGE KELLY: Okay. Sheriff? 3 SHERIFF LEITHA: I'd just like to share with 4 the Court. Don, you mentioned it and I wanted to 5 attend, we do have a meeting, Judge, today at four 6 o'clock just to refresh your memory, with Enterprise. 7 Don, you mentioned you might want to attend it. Just 8 kind of get an update where they're at, what the future 9 looked like. I know there's been a lot of issues with 10 that. But some of the higher up supervisors will be 11 here to answer any questions, I believe, when we meet 12 with you, Judge, and Don. 13 JUDGE KELLY: Good. Thank you. Okay. All 14 those in favor raise your hand. Unanimous. 15 1.4 consider, discuss and take appropriate 16 action to surplus items for IT. Ms. Shelton. 17 MRS. SHELTON: Yes. You have before you a 18 list of IT items that we're asking that these items be 19 surplused. 20 COMMISSIONER BELEW: Move for approval. 21 COMMISSIONER GIPSON: Second. 22 JUDGE KELLY: Got a motion and a second to 23 approve surplusing items as presented. Any discussion? 24 COMMISSIONER BELEW: Yes. If it's more than 25 30 days old it's already obsolete, so it would seem 31 1 anyway. 2 JUDGE KELLY: All those in favor raise your 3 hand. Unanimous. 4 1.5 consider, discuss and take appropriate 5 action to reappoint William Aycock to the Emergency 6 Services District #1 Board, for the term to expire 7 October 26 -- his term is expiring on October 26th and 8 he's being reappointed. Okay. Got it. 9 COMMISSIONER BELEW: Move for approval. 10 COMMISSIONER GIPSON: Second. 11 COMMISSIONER HARRIS: I was jotting down 12 just to pass on this. We did that last meeting. 13 COMMISSIONER BELEW: Does he not want to do 14 it? 15 COMMISSIONER HARRIS: No. We -- we did it 16 last meeting. We approved him last meeting. 17 COMMISSIONER BELEW: I don't remember that. 18 COMMISSIONER HARRIS: Yeah. I did him and 19 Chris Hughes at the same time. 20 COMMISSIONER BELEW: Yeah, I was thinking 21 that he's on the Board. 22 COMMISSIONER HARRIS: He is. He's doing a 23 great job. He's the Treasurer there. And I mentioned 24 that. And Chris was present. But we did them last -- 25 last meeting, I believe. I'm sorry. 32 1 COMMISSIONER BELEW: You submitted this 2 twice. 3 COMMISSIONER HARRIS: Yeah. I just -- 4 COMMISSIONER BELEW: I know Jody didn't miss 5 it. You gotta keep -- you know, make sure we stay in 6 line, Jody. 7 MRS. GRINSTEAD: It was me. 8 (Laughter.) 9 MRS. DOWDY: Withdraw the motion? 10 COMMISSIONER HARRIS: Yeah. He'll withdraw 11 his motion. 12 COMMISSIONER BELEW: I still like Bill. 13 He's a good guy. 14 COMMISSIONER HARRIS: Without a doubt. 15 Without a doubt. 16 JUDGE KELLY: Next item on the agenda is 1.6 17 consider, discuss, and take appropriate action on Court 18 Order 39582 from September 26th, 2022 Commissioners' 19 Court meeting regarding the Safety Committee. Miss 20 Dowdy. 21 MRS. DOWDY: I'm going to pass to 22 Commissioner Letz. He has some more information. 23 COMMISSIONER LETZ: When I made the motion 24 on that I misspoke, and we put the wrong people on the 25 committee. So some of this is prior. And I gotta 33 1 remember. Jackie, help me on the -- who should be on 2 the committee. 3 MRS. DOWDY: Not the Treasurer; it should be 4 HR. 5 COMMISSIONER LETZ: HR should be on the 6 committee. So on the original Court Order it says it 7 should be County Judge or designee, Treasurer designee, 8 Chief Deputy of Treasurer designee, those should come 9 off and it should be HR designee. And then maintenance 10 supervisor or designee, County Sheriff designee, and 11 Road & Bridge administrator or designee. 12 So with that, that is a new motion that who 13 should be on the Safety Committee. 14 MRS. DOWDY: So should we rescind it or just 15 modify the Court Order? 16 JUDGE KELLY: I think we should just modify 17 it. 18 COMMISSIONER LETZ: Modify it. 19 JUDGE KELLY: But we need to have a motion 20 and a second approving the modification. 21 COMMISSIONER LETZ: Right. I made the 22 motion. 23 COMMISSIONER BELEW: Second. 24 JUDGE KELLY: Any discussion? Those in 25 favor raise your hand. Unanimous. 34 1 The next item on the agenda is Item 1.7 2 consider, discuss and take appropriate action to make 3 proposed changes to the fee schedule for the County 4 Clerk's office. Miss Dowdy. 5 MRS. DOWDY: So in the attachment of the 6 backup you should see the fee schedule. This is one of 7 those things that I found recently. It's always been 8 done that way. One of those kinds of things. So as far 9 as tax certificates go, the tax certificates on a plat 10 are supposed to be attached to the plat when they're 11 filed for recording with the County Clerk. And it is 12 also in our proposed subdivision rules under -- I don't 13 know what section -- it's in Chapter 6 of the proposed 14 subdivision rules. But -- and the Property Code, 15 Chapter 12, Section E, there's that statutory 16 requirement that the tax certificate be attached to the 17 plat. 18 So over the years what's happened is the 19 plat comes to me, and then my staff has to call the 20 developers and track down the tax certificate. And so 21 the plat -- so my staff is doing extra work outside of 22 the scope of what the statute reads. So really, before 23 they come to me typically on the day of court they need 24 to have the tax certificates attached. 25 So what happens is if they're attached, that 35 1 reduces the recording fee. So I need to scratch that 2 recording fee and charge four dollars for the attachment 3 of the attached certificate instead of being the $26.00, 4 just to be consistent with statutory requirements. So 5 that's my recommended requested motion. 6 COMMISSIONER BELEW: So if the -- if it 7 comes to you correctly with the attachments, it's four 8 dollars. If you have to do something else it's 26? If 9 you have to track it down? 10 MRS. DOWDY: I think that's the reason why 11 they -- the -- my predecessor charged $26 is because the 12 statute has always been there for I don't know how long. 13 Probably since before they were in office. And so I 14 think to -- I don't know why -- why it is this way, but 15 that was my thought was that they were coming in after 16 the fact so it was treated as a separate document 17 instead of as an attachment. So -- 18 COMMISSIONER BELEW: Can't you just say we 19 can't file this without it being complete? 20 MRS. DOWDY: Well, that's what we've been 21 doing. 22 COMMISSIONER BELEW: Okay. 23 MRS. DOWDY: I just did. 24 COMMISSIONER BELEW: And then it's four 25 dollars when they come back with the -- 36 1 MRS. DOWDY: Yeah. Well, it should be. But 2 per our subdivision rules and per statute, I'm not even 3 supposed to take the plat unless the tax certificates 4 are attached. 5 COMMISSIONER BELEW: That's what I'm saying. 6 You reject it and say come back later? 7 MRS. DOWDY: Well, then I'd have to reject 8 it from the County Engineer. And he has to hold it in 9 his office until he gets the cost certificate. Does 10 that -- does that make any sense? 11 JUDGE KELLY: I'm confused. 12 COMMISSIONER BELEW: Yeah, it doesn't to me. 13 COMMISSIONER LETZ: I think I -- the way I 14 understand it is that the tax certificates under the 15 property code need to be submitted with the plat. It's 16 really not a subdivision administrator thing. It's a -- 17 you know -- but it needs to be added to the checklist 18 for the final plat. And if it's not there, it's 19 rejected because of that. 20 COMMISSIONER GIPSON: Is your suggestion in 21 this schedule? 22 MRS. DOWDY: My suggestion -- well -- 23 COMMISSIONER GIPSON: Or your 24 recommendation, is it in the schedule? 25 MRS. DOWDY: Of the subdivision rules? 37 1 COMMISSIONER GIPSON: No, I -- 2 MRS. DOWDY: Of the fee schedule? My 3 personal fee schedule, yes. My suggestion is here. 4 Just to scratch that. And it would be four dollars 5 instead of 26. 6 COMMISSIONER LETZ: And I think it's an 7 interesting question to me is that, you know, on the 8 platting it's under -- mostly under Section 32 of the 9 Local Government Code. And then it's typical of the 10 legislature to put another requirement under the 11 Property Code. So I'm not sure if the two interact, but 12 it seems to me that if they don't have a final plat, the 13 application's not complete until the tax certificates 14 are attached. But I would defer to our outside counsel 15 on how we handle it. Really to Mr. Kimbrough. 16 COMMISSIONER BELEW: Well, can you process 17 it without that? 18 MRS. DOWDY: No. 19 COMMISSIONER BELEW: It can't be completed 20 anyway. So just -- 21 MRS. DOWDY: So, again -- 22 COMMISSIONER BELEW: -- put it on hold until 23 they come in with everything. 24 MRS. DOWDY: But that's added duties on my 25 office that we're -- we should not even be doing. That 38 1 is on the developer to get the tax certificates. Or the 2 surveyor. Whoever it is that's been doing that. 3 COMMISSIONER GIPSON: But that changes in 4 our new -- 5 MRS. DOWDY: That changes -- yeah. In the 6 proposed -- that I can't accept that fee. The tax 7 certificate must attached to -- does anybody have that 8 copy on them? 9 COMMISSIONER LETZ: So we -- we can approve 10 the plat but it can't be recorded. 11 MRS. DOWDY: I can't take it out of 12 Charlie's hands. Y'all can definitely approve it. At 13 least that's the way I understand it. But I -- but when 14 Charlie brings it to me -- 15 COMMISSIONER LETZ: You can't record it. 16 MRS. DOWDY: I can't -- I don't even want to 17 take it. 18 COMMISSIONER BELEW: But this will -- so in 19 the new rules people will be aware of this. 20 MRS. DOWDY: I'm sorry? 21 COMMISSIONER BELEW: In the new rules people 22 will be aware of this. You're just talking about a 23 change of payment? 24 MRS. DOWDY: Correct. Yeah. 25 COMMISSIONER BELEW: Okay. 39 1 MRS. DOWDY: So to -- to accurately reflect 2 the correct fees. There's a reduction in cost. 3 JUDGE KELLY: Do I understand correctly? 4 The fees are collected once there's final plat approval. 5 Is that right? Is that what you're saying? 6 MRS. DOWDY: The fees are collected when -- 7 after you sign it and then after I sign it. Then -- 8 JUDGE KELLY: So the Court goes through the 9 final approval process, plat approval process. 10 MRS. DOWDY: Uh-huh. 11 JUDGE KELLY: But they can't record it 12 unless they have their tax certificates with it. Is 13 that correct? 14 MRS. DOWDY: Correct. 15 JUDGE KELLY: And that -- you just want to 16 enforce that? 17 MRS. DOWDY: Yes. 18 COMMISSIONER BELEW: Are that kind of takes 19 care of itself. 20 COMMISSIONER GIPSON: So -- but you then 21 need us to accept this plat, this schedule? 22 MRS. DOWDY: Yes. 23 COMMISSIONER GIPSON: This fee schedule. I 24 move for approval. 25 COMMISSIONER BELEW: Second. 40 1 JUDGE KELLY: Got a motion and a second to 2 approve the new County Clerk's fee schedule as 3 presented. Any discussion? All those in favor raise 4 your hand. Unanimous. 5 COMMISSIONER LETZ: Well, I think it's an 6 interesting question, Judge, on that. Is it approved -- 7 can they move forward before it's recorded? And I mean 8 I just -- 9 COMMISSIONER GIPSON: It would seem not. 10 COMMISSIONER LETZ: That would be a good 11 question to ask Chuck in one of our future meetings. 12 JUDGE KELLY: I think the question is do 13 they have to have a duly recorded -- filed and recorded 14 plat in order to be able to do the things they want to 15 do to the subdivision? 16 COMMISSIONER LETZ: Right. Yeah. 17 JUDGE KELLY: And I think -- I think it is. 18 MRS. DOWDY: I do too. 19 COMMISSIONER BELEW: So -- but they could 20 like, say, for example, they come back the next day with 21 it. And it's just sitting on your desk basically and 22 then they -- you put the complete report together and 23 then move forward. 24 COMMISSIONER LETZ: Right. 25 COMMISSIONER BELEW: That's really what 41 1 we're talking about, right? 2 MRS. DOWDY: That's the unfortunate sequence 3 of events, yes. That my staff has to call, sometimes 4 weeks, and so that plat sits in -- you know, in my 5 office or in the back. And it's just unfortunate that 6 we're the ones having to do that work when in reality 7 the statute says the plat cannot come to us unless the 8 tax certificates are attached to the plat. 9 JUDGE KELLY: So you've given notice that 10 you're going to enforce the law as it's written. 11 MRS. DOWDY: Yes. 12 JUDGE KELLY: And that means that if they 13 don't bring their tax certificates, you don't accept 14 their plat. 15 MRS. DOWDY: Yes. 16 JUDGE KELLY: And you don't -- you don't 17 take -- don't take possession of it. Let it go with 18 them. 19 COMMISSIONER BELEW: Right. 20 JUDGE KELLY: Let them come back when they 21 have the certificates. Strict enforcement of the law. 22 COMMISSIONER LETZ: And you don't even need 23 to talk to them or remind them and call them back. I 24 mean, if they don't do it, they don't do it. 25 JUDGE KELLY: Right. Your staff doesn't 42 1 have to do anything. Just wait for the certificates. 2 MRS. DOWDY: Thank you. Believe me, my 3 staff is -- if they're listening right now, they're 4 just -- they're probably just rejoicing right now. They 5 hear y'all support them. Because it's been an issue. 6 And I thank y'all for addressing it. 7 COMMISSIONER LETZ: Okay. 8 JUDGE KELLY: Very well. Now we go to the 9 timed items. 1.8 consider, discuss, and take 10 appropriate action to approve a Resolution from Dietert 11 Center to apply for a Texas Department of Agriculture 12 grant for Meals on Wheels services in Kerr County. And 13 the Texas Department of Agriculture is now using the 14 2020 Census information so the match increase went from 15 $4,500.00 to $4,624.50. And Brenda can't be here today 16 but Paige? 17 MS. SUMNER: Yes. I did get an update that 18 they didn't -- anytime Tex comes in and says we didn't 19 have to do as much as we thought, great. He's already 20 in recovery. So yes, that's why Brenda can't be here. 21 My name is Paige Sumner. And I appreciate 22 y'all's kind words about my dad. We moved back a couple 23 of years ago to be closer to family. And you know, I 24 can't count the number of times a week I say, "That's 25 why we're here. That's why we're here." So, you know, 43 1 honoring volunteers like that is important and inspiring 2 to others. 3 And segue, appropriate, of course Dietert 4 Center depends on volunteers like that every day to do 5 what we do. And so we are coming to ask for your 6 support. Y'all have done this -- all of you have done 7 this more times than I have, so -- and then Judge Kelly 8 just read some of what we're doing. 9 We've come to request the Court approve the 10 required resolution for the grant funds for the contract 11 for 23-24. We'll then be able to apply for the TDA 12 grant Texas Feeding Texans for that contract period and 13 the grant application is due November 1st. 14 Last fiscal year we received $11,724.00 from 15 TDA to help provide homebound meals for Kerr County 16 seniors, homebound seniors age 60 and over. This TDA 17 grant -- your County match was 4,500. And then 18 community support, obviously provides for the rest of 19 what we do. 55,000 meals approximately a year. And the 20 expense of over $250,000.00. So the funds from the 21 County required by TDA is based upon an amount equal to 22 25 cents per Kerr County senior reported in the 2020 23 census and qualified meals for funds under this program. 24 The number of seniors has increased to 25 18,498 and, therefore -- that's what my notes say but -- 44 1 therefore, the match requires increase to $4,624.50 for 2 this contract. Last year was 4,500 based on 2010 3 census. So the difference is $124.50 for this contract 4 period. And I think y'all have that breakdown on your 5 paperwork. Is that correct? 6 COMMISSIONER LETZ: Yes. 7 MS. SUMNER: Okay. So there we go. The 8 grant program is designed to create a partnership 9 between the State, County, local meal providers, the 10 Dietert Center and we request your approval. 11 COMMISSIONER LETZ: I make a motion that we 12 approve the Resolution and the funding increase of 13 $124.00 and additional funds to come from contingencies. 14 COMMISSIONER BELEW: Second. 15 JUDGE KELLY: Got a motion and a second to 16 approve the resolution for the Meals on Wheels with the 17 Dietert Center and to include -- 18 COMMISSIONER LETZ: An additional $124.50 19 over the budgeted amount -- and actually $124.50 to come 20 from contingencies. 21 JUDGE KELLY: And that's because we have a 22 formula with Dietert that we have to provide, what, 25 23 percent? 24 MS. SUMNER: $0.25 per senior in Kerr 25 County. 25 percent -- I'm not going to argue. 45 1 JUDGE KELLY: 25 cents. 2 MS. SUMNER: Yes, sir. 3 JUDGE KELLY: Any other discussion? 4 COMMISSIONER BELEW: Well, so Paige will 5 know, a couple of budget season's back we started 6 looking through things in the County where the County 7 was making contributions to nonprofit organizations, 8 some of which were questionable, and some that were 9 taken away. And this one remained because of the grant 10 matching and also because it's a good program. But this 11 was the -- I think it was the last one we looked at 12 during that whole process. And -- 13 JUDGE KELLY: We kept it. 14 COMMISSIONER BELEW: Yeah. We kept it. 15 Because you guys, you know, you need that participation, 16 but also because everybody thinks it's a good thing. 17 MS. SUMNER: Well, we appreciate it. And 18 TDA does audit us as does AACOG and all the gang. So 19 they hold us to a transparent standard on accounting for 20 all of it. So yeah, we definitely appreciate y'all's 21 continued support. 22 COMMISSIONER LETZ: Judge, after looking at 23 the agenda items, this motion is -- this motion is only 24 to -- I'll amend it to only approve the Resolution. 25 COMMISSIONER BELEW: Well, I'll -- 46 1 JUDGE KELLY: We've got a second motion 2 after that. Don't -- don't get nervous. 3 MS. SUMNER: I'm not -- I'm good. 4 JUDGE KELLY: So we have a motion to approve 5 the Resolution supporting Meals on Wheels. 6 COMMISSIONER BELEW: Second. 7 JUDGE KELLY: A motion and a second. All 8 those in favor raise your hand. Unanimous. 9 Let's move on to Item 1.9, which is to 10 consider, discuss, and take appropriate action to 11 approve a contract with the Dietert Center and allow the 12 County Judge to sign same approving contract at 13 $4,624.50. 14 COMMISSIONER LETZ: And I'll make a motion. 15 Now that contract with the additional $124.50 to come 16 from contingency. 17 COMMISSIONER GIPSON: Second. 18 JUDGE KELLY: So we've got a motion to 19 approve the contract and amend the budget. Any other 20 discussion? Those in favor raise your hand. Unanimous. 21 Moving on to Item 1.10 -- 22 MS. SUMNER: Thank you. 23 JUDGE KELLY: Thank you, Paige. 24 Consider, discuss, and take appropriate 25 action to accept a Request for Proposal -- or Request 47 1 for Proposals for a new county-wide communication system 2 for the Kerr County Sheriff's Office and Volunteer Fire 3 Departments. Miss Putnam. 4 MS. PUTNAM: Well, we have reached that time 5 where the deadline for the solicitations was on Friday 6 and they were to be received at the County Clerk's 7 office by two o'clock last Friday. So this is to just 8 take any necessary action, if needed, in order to accept 9 those proposals from the County Clerk to go -- to go to 10 us to go to the next step in the review. 11 COMMISSIONER LETZ: We got a proposal from 12 LCRA. I'm not sure exactly what all is in that 13 proposal, Judge. And we have a proposal from Motorola. 14 MRS. DOWDY: I'm not sure if they're 15 labeled. 16 COMMISSIONER LETZ: Right. 17 MS. PUTNAM: But I can't -- I can't remember 18 exactly how many we asked for, but I think it was an 19 original and eight copies. 20 JUDGE KELLY: Yeah, that's what these are. 21 COMMISSIONER LETZ: And here's the proposal 22 from Motorola. I think it's going to be too complicated 23 probably, Judge, to go -- to go into the details at this 24 point. But I think I'll make a motion that we accept 25 the two proposals, one from LCRA and one from Motorola, 48 1 at this time and refer to committee for review and 2 evaluation. 3 COMMISSIONER HARRIS: Second. 4 JUDGE KELLY: We have -- we've got a motion 5 and second to accept the proposal that was submitted by 6 the LCRA and by Motorola for the communication system. 7 Any discussion? Those in favor raise your hand. 8 Unanimous. 9 Move on to Item 1.11 consider, discuss and 10 take appropriate action to appoint a Selection Review 11 Committee to score the Request for Proposals for the new 12 county-wide communication system for Kerr County 13 Sheriff's office and Volunteer Fire Departments. 14 Ms. Putnam. 15 MS. PUTNAM: Okay. So in our discussion we 16 had decided that we wanted to have about seven members 17 on this review committee. By law we're required to have 18 one elected official. Typically it's a Commissioner. 19 And in getting together and meeting we did come up with 20 a few names that I do recommend for you to review to see 21 if you would like to be on the selection committee, the 22 Selection Review Committee, primarily comprising of 23 community members, except as required by law. And you 24 should have a list there. 25 COMMISSIONER LETZ: I guess my question 49 1 would be, looking at the names and I know everyone on 2 there, but are they all -- what's the right word. 3 COMMISSIONER BELEW: Knowledgeable? 4 COMMISSIONER LETZ: Knowledgeable. Thank 5 you. Knowledgeable to review and give a recommendation 6 on a proposal of this type and complexity? 7 MS. PUTNAM: Because this is such an intense 8 and detailed RPF, I'm not certain how many people 9 actually would have this much knowledge, an all-around 10 singular person. But with this group of people, it does 11 somehow go within their purview of who has knowledge and 12 understanding or affecting their department of what they 13 do here in the County. So it's a well-rounded committee 14 of people that can each bring knowledge in their own way 15 and can assist each other and ask the questions that are 16 not understood. And then the proposal is so specific as 17 well that it would be very difficult to veer off of what 18 it is asking for. 19 JUDGE KELLY: Well, I think the public needs 20 to -- they haven't heard who has been suggested here. 21 MS. PUTNAM: Right. 22 JUDGE KELLY: The elected official that's 23 being suggested is Commissioner Belew because of his 24 experience and background. And then we have 25 Mark Del Toro from 911. Never pronounce it nine eleven, 50 1 it's 911. I've learned. Greg Harmon, current ISD 2 technology guy. And Jeff Harris, South Star Bank. Cris 3 Lalonde with the Sheriff's Office. Mark Mosier for the 4 Airport Board. And Cari Potter from Hill Country 5 Telephone Coop. 6 COMMISSIONER HARRIS: You know, I might 7 argue that maybe we ought to have somebody from the VFD 8 because they've been in on most all the talks leading up 9 to this, where we're at now. 10 COMMISSIONER GIPSON: Are we limited to 11 seven? 12 MS. PUTNAM: No. There is nothing in the 13 RPF that says any number. So you can have more or less, 14 whatever you choose. 15 COMMISSIONER LETZ: I tend to agree. I mean 16 I think the VFDs, you know, certainly have a stake here. 17 I wouldn't know who from the VFD necessarily, but -- 18 JUDGE KELLY: Well, if we add one we need to 19 add two to keep it odd, an odd number. 20 COMMISSIONER HARRIS: Brian Alexander with 21 KARFA, and he's been in on a majority of the meetings. 22 Would you agree, Sheriff? 23 SHERIFF LEITHA: Yeah. 24 JUDGE KELLY: But I -- I think you're going 25 to get some push back from the lowest bidders on that. 51 1 COMMISSIONER HARRIS: Well -- 2 COMMISSIONER BELEW: So let me ask this, 3 Don. Why -- why is the -- where you have law 4 enforcement with the same needs, why -- you just want to 5 answer their questions if they have anything that goes 6 beyond that? 7 COMMISSIONER HARRIS: It would help, I 8 think. 9 COMMISSIONER BELEW: Make them feel 10 comfortable with it? 11 COMMISSIONER HARRIS: Participate. 12 COMMISSIONER BELEW: There's not going to be 13 any need they have that the Sheriff's department 14 wouldn't have. I wouldn't think. I don't disagree with 15 you but, you know, it's good -- 16 COMMISSIONER HARRIS: Sheriff, do you have 17 any thoughts one way or the other? 18 SHERIFF LEITHA: Yeah. I mean, I understand 19 what you're saying, Judge. I probably -- if you did, 20 I'd recommend Charlie Holt for that. 21 JUDGE KELLY: Charles Holt? 22 SHERIFF LEITHA: Yeah. Yes, sir. 23 COMMISSIONER HARRIS: Yeah. 24 SHERIFF LEITHA: And not probably Brian. 25 But then if you have to add another one, well, you'll 52 1 have to see about that. 2 MRS. DOWDY: What about emergency 3 coordinator, Dub -- 4 SHERIFF LEITHA: Yeah. 5 MRS. DOWDY: -- Dub Thomas? 6 COMMISSIONER BELEW: Yeah. Dub and the 7 Sheriff's Department and the VFD, that would be good. 8 COMMISSIONER HARRIS: I think so. 9 JUDGE KELLY: We're going to add Chief Holt 10 from Center Point Volunteer Fire Department and Dub 11 Thomas, our Emergency Services. 12 COMMISSIONER BELEW: Provided they'll do it. 13 Good suggestion, Jackie. 14 JUDGE KELLY: So that will take us up to 15 nine. 16 MS. PUTNAM: Would you like to make it so 17 that -- because we do not have a confirmation from 18 everybody here to say that we are recommending nine, but 19 need at least seven in attendance for the review in case 20 someone cannot make it or there's an emergency. So it's 21 either nine or two alternates. Just a suggestion. 22 COMMISSIONER BELEW: Well, we're -- are 23 we -- we've added -- 24 JUDGE KELLY: Let's look at our options. We 25 say we could have the committee of seven with two 53 1 alternates that attend and participate, right? 2 MS. PUTNAM: Uh-huh. 3 JUDGE KELLY: Are you going to make it a 4 requirement that we have to have at least seven people 5 present? 6 MS. PUTNAM: Just whatever you think is 7 fair. Because you do want to keep it to -- I don't even 8 think you have to keep it to an odd number if you don't 9 want to. 10 JUDGE KELLY: Well, that's -- that's an old 11 lawyer rule. 12 COMMISSIONER BELEW: Yeah. 13 MS. PUTNAM: Yeah, that would be an attorney 14 question. 15 COMMISSIONER BELEW: Good idea. 16 JUDGE KELLY: So why don't we go ahead -- I 17 think it's better just to go ahead and have a full nine 18 member committee. And everybody have the same impact. 19 So I'll make a motion that we approve the -- approve the 20 Selection Review Committee to be Harley Belew, Mark 21 Del Toro, Greg Harmon, Jeff Harris, Cris Lalonde, Mark 22 Mosier, Cari Potter, Dub Thomas, and Charles Holt. 23 COMMISSIONER LETZ: Second. 24 JUDGE KELLY: Got a motion and a second. 25 Any other discussion? 54 1 COMMISSIONER LETZ: What's the timing? When 2 do they -- 3 JUDGE KELLY: Pretty quick. 4 MS. PUTNAM: We -- we will give them some 5 time to have possession of the RFP to review them on 6 their own so that they can formulate their own opinions 7 and then when they meet, they can have any questions, a 8 discussion with their opinions at their committee 9 meeting to do the scoring. 10 COMMISSIONER LETZ: But I guess, I mean, we 11 should give them a deadline as to when they need to have 12 a response. 13 MS. PUTNAM: The -- the next court date -- 14 what is our next court date, Jody? 15 MS. GRINSTEAD: November 14th. 16 MS. PUTNAM: I believe they'll have it on 17 November 14th, I think, to bring forth to the Court. 18 MRS. GRINSTEAD: I think the RFP had us 19 awarding it and starting negotiations on November 14th. 20 So that's why. And I guess part of that motion, too, if 21 any of these people are not available to review it in 22 that time frame, are you okay with -- again, I think 23 that's what she's getting at. If we don't -- if we 24 can't get all nine of them on board, are you okay with 25 seven? 55 1 COMMISSIONER BELEW: Sure. 2 MRS. GRINSTEAD: Because we don't know for 3 sure that -- 4 JUDGE KELLY: And basically what we're doing 5 is making a threshold. We have to have at least seven 6 for a quorum. 7 MRS. GRINSTEAD: Yes. 8 MRS. PUTNAM: Yes. 9 JUDGE KELLY: I'm fine with that. 10 MRS. GRINSTEAD: Okay. Because -- 11 JUDGE KELLY: I'll amend my motion to 12 include that. 13 MRS. GRINSTEAD: Okay. 14 JUDGE KELLY: Is that okay? 15 COMMISSIONER LETZ: Yeah. And the reply is 16 due by -- 17 JUDGE KELLY: The 14th. 18 COMMISSIONER LETZ: -- the 11th? 19 JUDGE KELLY: The 11th. Yeah. So they're 20 going to be moving. 21 MRS. GRINSTEAD: Yeah. Because they'll need 22 time to review it and then get together and talk about 23 it, score it, etc., with hopefully a recommendation to 24 the Court on November 14th. That's our hope and plan. 25 COMMISSIONER LETZ: Okay. 56 1 MRS. PUTNAM: And I would also like to put 2 out a reminder that these review committee members, 3 there is no discussion with them from the public or 4 anybody else or any other entity. If there is any 5 discussion or questions or any concerns from anyone that 6 any discussion at point of contact at this point, which 7 is me, and they can e-mail me at 8 grantadministrator@co.kerr.tx.us, because there's -- to 9 keep this as a fair and equitable bid process we cannot 10 have any communications with these review committee 11 members. 12 COMMISSIONER LETZ: Okay. 13 MRS. DOWDY: I had a motion. Did I get a 14 second? 15 COMMISSIONER LETZ: Beck. 16 COMMISSIONER GIPSON: I did. 17 MRS. DOWDY: I'm sorry. 18 JUDGE KELLY: Okay. Thank you, Miss Putnam. 19 COMMISSIONER LETZ: We gotta vote. 20 JUDGE KELLY: Okay. All those in favor 21 raise your hand. Unanimous. Good. 22 Let's quickly do Item 1.13 consider, discuss 23 and take appropriate action to approve contracts with 24 Turtle Creek Volunteer Fire Department and CASA, and 25 allow me to sign same. These are just recurring things. 57 1 COMMISSIONER HARRIS: I move for approval. 2 COMMISSIONER BELEW: Second. 3 JUDGE KELLY: We got a motion and a second 4 to approve the contracts as presented. Any discussion? 5 Those in favor raise your hand. Unanimous. 6 We'll move on to Item 1.12, which is 7 consider, discuss and review the Selection Criteria to 8 be used by the Selection Review Committee when reviewing 9 the Request for Proposals for a new county-wide 10 communication system. 11 MS. PUTNAM: This is just really quick. 12 This is in the RFP. It is the verification of selection 13 criteria. It goes over the scoring that the review 14 committee will be using. So at this point in time, if 15 you approve the way it stands then we don't need to do 16 anything and we'll just go forth with this. But this is 17 required for the -- for you to review. 18 JUDGE KELLY: I move we approve the criteria 19 selection as recommended. 20 COMMISSIONER GIPSON: Second. 21 JUDGE KELLY: We've got a motion and a 22 second. Any discussion? Those in favor raise your 23 hand. Five O. 24 Now we take a five minute break. 25 MS. PUTNAM: Thank you. 58 1 (Recess.) 2 JUDGE KELLY: Court will come back to order. 3 We'll move on to the 10:00 docket. And if you'll look 4 down there, there are 17 items for 10:00. 5 MR. HASTINGS: And they all got my name on 6 it. 7 JUDGE KELLY: This is for public hearings. 8 So let me call the first public hearing, so 1.14. I'm 9 convening a public hearing for the proposed cancellation 10 of Privilege Creek Ranches Lots 1A through 11A, 12 11 through 17, 32, and 34 through 40. Mr. Hastings. 12 This is a public meeting. So anybody here 13 want to talk about Privilege Creek Ranches? There not 14 being anyone, meeting is adjourned. 15 Move on to Item 1.15 public hearing for 16 revision of plat for Hill Country Estates Section Two 17 Tract 6. Is there anyone who would like to address the 18 Court with regard to Hill Country Estates Section Two, 19 Tract 6? There being none, I'll adjourn that meeting. 20 We'll move on to the next public meeting 21 which is Item 1.16, which is a public hearing for 22 revision of plat for Ingram Hills Subdivision, Tract 59. 23 Anyone here on that matter? There being no one, I'll 24 adjourn that meeting. 25 And we'll move on to the next item, which is 59 1 1.17, a public hearing for revision of plat for Scenic 2 Valley Springs Phase 2, Lot 2. Anyone here for that? 3 There being no one, I'll adjourn that meeting. 4 Move on to the next public meeting, which is 5 Item 1.18, a public hearing for revision of plat for 6 Mystic Ridge Estates, Lots 5 and 19. No one here for 7 that? Then I'll adjourn that public meeting. 8 I'll move on to the next agenda item, which 9 is Item 1.19 consider, discuss, and take appropriate 10 action for the Court to approve a revision of plat for 11 Mystic Ridge Estates, Lots 5 and 19. Mr. Hastings. 12 MR. HASTINGS: Thank you. This proposal 13 revises two lots and the right-of-way between them. 14 Lot 5 is 20.01 acres and will be revised to Lot 5R at 15 20.45 acres, and Lot 19 (28.76 acres) will be revised to 16 Lot 19R at 28.33 acres. 17 Both lots will be accessed from Countless 18 Views Drive. Countless Views Drive is currently under 19 construction. These lots are located in Kerrville's 20 ETJ. Since both lots are over five acres, this proposal 21 is exempted from platting through the City of Kerrville, 22 so it's only being platted through Kerr County. 23 And again, this is simply because they 24 needed to realign the road because there was a big 25 power -- a big electrical tower that it just didn't work 60 1 out once they got out there and started laying it out. 2 It's a simple revision. It adjusts the road, which 3 is -- affects those two lots, and -- 4 COMMISSIONER LETZ: I move for approval. 5 COMMISSIONER GIPSON: Second. 6 JUDGE KELLY: Got a motion and a second to 7 approve the revision of plat for Mystic Ridge Estates, 8 Lots 5 and 19. Any discussion? Those in favor raise 9 your hand. Unanimous, five zero. 10 Item 1.20, this is a public hearing. I'm 11 convening a public hearing for a revision of plat for 12 Kerrville Country Estates Section 2, Lot 35. Anyone 13 here on that matter? There being no one, I'll adjourn 14 that meeting and move on. 15 Item 1.21, which is to consider, discuss, 16 and take appropriate action for the Court to approve a 17 revision of plat for Kerrville Country Estates, 18 Section 2, Lot 35. Mr. Hastings. 19 MR. HASTINGS: This proposal divides Lot 35, 20 currently 10.004 acres, into two lots. Each lot will be 21 5.002 acres fronting on Kerrville Country Drive. These 22 lots are located in Kerrville's ETJ. Since both lots 23 are over five acres, this proposal will be exempted from 24 platting through the City of Kerrville. 25 The County Engineer requests the Court 61 1 approve a revision of plat for Kerrville Country Estates 2 Section 2, Lot 35, Volume 4, Page 131, Precinct 1. 3 COMMISSIONER BELEW: Move for approval. 4 COMMISSIONER GIPSON: Second. 5 JUDGE KELLY: We've got a motion and a 6 second. Any discussion? Those in favor raise your 7 hand. Unanimous. 8 Next item is Item 1.22 consider, discuss and 9 take appropriate action for the Court to set a public 10 hearing for 10:00 a.m. on November 28th, 2022 for a 11 revision of plat for Hill Country Estates Section Two, 12 Tract 6. Mr. Hastings. 13 MR. HASTINGS: This proposal revises the 14 west part of Tract 6, it's 25.31 acres as platted. 15 Tract 6 was previously divided into separate tracts 16 without revising the plat. This plat revision will 17 correct matters for this part of Tract 6. It will be 18 8.24 acres with frontage on Greek Oak Drive. The 19 remaining part of Tract 6 is currently in the process of 20 being platted. 21 The County Engineer requests the Court set a 22 public hearing for 10:00 a.m. on November 28, 2022 for a 23 revision of plat for Hill Country Estates, Section 2, 24 Tract 6, Volume 3, Page 30, Precinct 3. 25 COMMISSIONER LETZ: Move for approval. 62 1 COMMISSIONER GIPSON: Second. 2 JUDGE KELLY: We got a motion and a second 3 to approving setting a public hearing for November 28th 4 at 10 o'clock in the morning. Any other discussion? 5 Those in favor raise your hand. Unanimous. 6 Move on to Item 1.23 consider, discuss and 7 take appropriate action for the Court to set a public 8 hearing for 10:00 a.m. on November 28, 2022 for a 9 revision of plat for Creekside at Camp Verde, Phase 2. 10 Mr. Hastings. 11 MR. HASTINGS: Oh. Yeah. I was just making 12 sure I got the correct notes here. 13 On August 22nd, 2022, the Court approved a 14 final plat for Creekside at Camp Verde Phase 2 and 15 accepted Bond No. 0814615 in the amount of $1,271,784.00 16 for associated construction improvements, and that's 17 Court Order No. 39482. 18 This proposed revision increases the minimum 19 lot size from 5.01 acres to 7.01 acres and reduces the 20 total number of lots. It also eliminates approximately 21 400 feet of Palisades Drive, a proposed road. 22 Proposed improvements that are within the 23 floodplain must meet floodplain regulations. Minimum 24 lot and size is based on Headwaters Groundwater 25 Conservation District East Kerr Management Zone. So 63 1 they've brought this back into compliance. 2 The County Engineer requests the Court set a 3 public hearing for 10:00 a.m. on November 28th, 2022 for 4 a revision of plat for Creekside at Camp Verde Phase 2, 5 Precinct 2. 6 And I'll add that they've also already 7 submitted revised construction plans and I've already 8 approved those for the -- reducing the length of that 9 road because these lots all had to get bigger. 10 COMMISSIONER GIPSON: I move for approval. 11 COMMISSIONER BELEW: Second. 12 JUDGE KELLY: We've got a motion and a 13 second to approve setting a public hearing for 14 10:00 a.m. on November 28 for Creekside at Camp Verde 15 Phase 2. Any discussion? 16 COMMISSIONER GIPSON: We appreciate your 17 work on this. 18 JUDGE KELLY: Okay. All those in favor 19 raise your hand. Unanimous, five zero. 20 Item 1.24 consider, discuss and take 21 appropriate action for the Court to approve a proposed 22 cancellation of Privilege Creek Ranches, Lots 1A through 23 11A, 12 through 17, 32, and 34 through 40. 24 Mr. Hastings. 25 MR. HASTINGS: Thank you. We presented this 64 1 earlier this year, and what they'd like to do is exactly 2 what you read. 3 They'd like to -- a cancellation of 4 Privilege Creek Ranches, Lots 1A through 11A, 12 through 5 17, 32, and 34 through 40, as it is recorded right now 6 in Volume 8, Page 21 through 26; Volume 8, Pages 61 7 through 65; and Volume 8, Pages 87 through 91. It's in 8 Precinct 3. 9 This thing has been revised a number of 10 times, as you can tell from all those three different 11 locations as it's platted and they finally said, you 12 know what, we -- we'd just kind of like to scrap all of 13 that and cancel all of that, but it's a partial 14 cancellation. 15 So what we thought would be the best way to 16 handle this would be what looks like a plat, and Jackie 17 has that and it should be in your packet, to make it 18 very clear this is what is being cancelled, but this is 19 what's to remain. 20 And we ask that the Court would approve it 21 as presented. 22 COMMISSIONER LETZ: I'll move for approval. 23 It's a little bit odd but under the circumstances we 24 should make an exception. 25 COMMISSIONER BELEW: Second. 65 1 JUDGE KELLY: Okay. We got a motion and a 2 second to approve the cancellation of Privilege Creek 3 Ranches, Lots 1A through 11A, 12 through 17, 32, and 34 4 through 40. Any discussion? 5 MRS. DOWDY: I have a question. And I'm 6 just out of the loop. I'm sorry, Charlie. How come -- 7 was there a public hearing on the cancellation? Doesn't 8 it need one? 9 MR. HASTINGS: Doesn't require one. 10 MRS. DOWDY: Oh, okay. It's just -- maybe 11 we've done some on other ones. 12 MR. HASTINGS: Correct. 13 MRS. DOWDY: Okay. Sorry. Sorry. 14 MR. HASTINGS: It's all right. 15 JUDGE KELLY: Okay. Any discussion? Those 16 in favor raise your hand. Unanimous. 17 Move on to Item 1.25 consider, discuss and 18 take appropriate action to offer Road & Bridge equipment 19 as a trade-in for new equipment of the same general type 20 per the Local Government Code. Ms. Shelton. 21 MRS. SHELTON: Yes. Local Government Code 22 263.152 allows Commissioners' Court to say certain items 23 are available for trade-in, and we're asking that these 24 13 items be approved. 25 COMMISSIONER HARRIS: Move for approval. 66 1 COMMISSIONER BELEW: Second. 2 JUDGE KELLY: Got a motion and a second to 3 approve these 13 items of Road & Bridge equipment for 4 trade-in. Any discussion? 5 COMMISSIONER GIPSON: What's the source of 6 the contract for this? 7 MS. HOFFER: Sourcewell. It's just a -- 8 it's a government purchasing contract. They have HGAC 9 BuyBoard. The State has some purchasing, so that's what 10 it is. And what they do is they -- they do a contract 11 with the purchasing agent companies and they give a 12 discount for government. 13 So Sourcewell on a maintainer for Holt 14 Caterpillar is a 34 percent discount. That's not all 15 the way through on all CAT equipment. Your doziers 16 might be, you know, ten percent. But the -- the motor 17 graders in this current contract have a discount of 34 18 percent. But it's only for government. The private 19 individual could not do it. 20 COMMISSIONER GIPSON: Makes a difference. 21 MS. HOFFER: Yeah, it is. 22 JUDGE KELLY: So that the public understands 23 what we're doing, we're going to trade in some of our 24 old equipment on some new equipment and we're approving 25 that process right now. 67 1 COMMISSIONER HARRIS: It will be about 2 $50,000.00 worth. 3 MS. HOFFER: On that one, but on the four 4 that I'm going to bring to you the total on trade-in is 5 $222,850.00 for those 13 pieces of equipment. Almost a 6 quarter of a million dollars -- 7 COMMISSIONER HARRIS: Right. 8 MS. HOFFER: -- we're putting towards the 9 purchase. 10 JUDGE KELLY: And the public can't hear that 11 because you're not at the podium. But these trade-ins 12 are going to amount to almost a quarter of a million 13 dollars credit to purchase for the new equipment that we 14 need -- desperately need to buy. 15 Okay. Any discussion? Questions? Those in 16 favor raise your hand. Unanimous. 17 Item 1.26 consider, discuss and take 18 appropriate action for Commissioners' Court approval 19 regarding the HOLT CAT sales agreement No. 307865. 20 Miss Hoffer. 21 MS. HOFFER: All right. Before you is the 22 HOLT CAT sales agreement. It is to purchase a 2022 23 140GC motor grader. We're trading in a 2001 Cat 12H 24 motor grader. They're giving us $75,000 for the trade 25 on that. We're also going to purchase an extended 68 1 warranty, it's their premiere warranty, 84 months. 2 Covers pretty much from front to back on it. And by the 3 time that that goes out, we'll probably be ready to be 4 trading in again. 5 So if you look at the agreement from Holt, 6 this motor grader for a private citizen or a contractor, 7 private contractor, lists for $424,905.00. That 8 SourceWell contract number, 34 percent, and that's 9 $157,641 off of it. And then they got their subtotal. 10 You've got your delivery and warranty in there. The 11 trade. And it's $75,000 off. So it brings a piece of 12 equipment that normally sells for $424,905 down to 13 $202,658. So that's a pretty huge savings. 14 COMMISSIONER HARRIS: I move for approval. 15 COMMISSIONER GIPSON: Second. 16 JUDGE KELLY: Got a motion and a second to 17 approve the HOLT CAT sales agreement as presented. Any 18 discussion? 19 COMMISSIONER LETZ: I will note that the 20 salesperson on this is Ken Powell. I think he's been 21 with HOLT in this area longer than I've been a 22 Commissioner. 23 JUDGE KELLY: That's a long time. 24 COMMISSIONER LETZ: That's a long time. 25 Like I say, I -- you know, Ken is a -- and he treats us 69 1 well. 2 MS. HOFFER: Yes. 3 COMMISSIONER LETZ: And has for many years. 4 COMMISSIONER BELEW: And this is all 5 budgeted stuff, so people will understand it. 6 MS. HOFFER: Yeah. 7 JUDGE KELLY: What's his name again. 8 COMMISSIONER LETZ: Ken Powell. 9 JUDGE KELLY: Ken Powell. I'll remember 10 that. We wish we had that kind of relationship with 11 Enterprise. 12 Okay. Those in favor raise your hand. 13 Unanimous. 14 Item 1.27 -- 15 MR. HASTINGS: Judge, I apologize. Can we 16 go back to Item 1.24? Jackie Dowdy asked a question and 17 I didn't answer it correctly. I'd like to correct my 18 answer to it. 19 JUDGE KELLY: Okay. Go back to Item 1.24, 20 which is about the cancellation of Privilege Creek 21 Ranches lots. 22 MR. HASTINGS: Yes. Jackie asked if we 23 needed to have a public hearing for it. And we had one, 24 moments ago. It was Item 1.14. So yes, we needed to 25 have a public hearing for that and, yes, we had one. We 70 1 just -- there was a big gap because we -- we lumped all 2 the public hearings together. So we had one today for 3 it. And I apologize for fumbling on that question. 4 JUDGE KELLY: We had six public hearings 5 today. 6 MRS. DOWDY: And I actually have more on 7 that particular item. 8 MR. HASTINGS: Is there another question, 9 Miss Dowdy? 10 MRS. DOWDY: Well, I know that the Court 11 Order -- maybe this isn't the right time. But the Court 12 Order that approved the proposed cancellation, the court 13 order just -- it reads it as a revision of plat. And it 14 got published as a revision of plat. So where does that 15 leave us? If we published -- I mean I have to ask the 16 County Attorney that. 17 JUDGE KELLY: If you look at Item 1.14 on 18 today's agenda, the timed item is at ten o'clock. It's 19 the first one. A public hearing for a proposed 20 cancellation of Privilege Creek Ranches. And it names 21 various lots. So it didn't say revision of plat. 22 MRS. DOWDY: But what got published was that 23 it was a revision of plat instead of a cancellation. 24 JUDGE KELLY: Well, I mean, we've had the 25 public meeting already. 71 1 MRS. DOWDY: Okay. 2 JUDGE KELLY: And then we went ahead and 3 approved it. So I think we'll have another order come 4 out of this. 5 MRS. DOWDY: All right. 6 MR. HASTINGS: Thank you, Judge. 7 JUDGE KELLY: So get Ms. Hoffer back up to 8 the stand. 9 MS. HOFFER: All right. 10 JUDGE KELLY: This is your day. 11 MS. HOFFER: This is my day. 12 JUDGE KELLY: 1.27 consider, discuss and 13 take appropriate action for the Commissioners' Court 14 approval regarding the Nueces Power and Equipment 15 Purchase Contract for one 2022 Hamm HP-180-10 Pneumatic 16 Roller. Ms. Hoffer. 17 MS. HOFFER: Okay. So this one you can see 18 the list price on it, it's $139,728. And then if you 19 look kind of mid over on the left, it has all the 20 different things that Tanya surplused. Vibromax roller, 21 CAT CB614 double drum roller, A CAT 420 Backhoe, a CAT 22 930 wheel loader, and a CAT PS 150C pneumatic roller. 23 The total on all of those, if you look, the 24 trade-in value for that is $40,050. And so if you go 25 through and you keep working it down, you end up getting 72 1 that piece of equipment for $103,507.07. So it's a -- 2 it's a pretty -- a pretty good deal right now, they're 3 giving a lot on trade-in on equipment. The vendors are. 4 I think it's more advantageous for us to trade it in 5 than to try to sell on GovDeals. I think that 6 maintainer on the previous one, we would probably get 7 about 25, $30,000.00 on GovDeals if we put it up for 8 auction at $75,000. We paid $153,000 for that 9 maintainer. Yeah. 10 So anyways, this one also is through a 11 purchasing contract -- I can't remember which contract 12 they're under but it's got a sales code of 597-19. And 13 so this also was under a government purchasing. So 14 pretty good deal on that. 15 It also has an extended Premier warranty. 16 This one is for 48 months or 4,000 hours, whichever 17 comes first. I can guarantee the 48 months will come 18 before the 4,000 hours will for us. 19 COMMISSIONER HARRIS: Move for approval. 20 JUDGE KELLY: We got a motion. 21 COMMISSIONER BELEW: Second. 22 JUDGE KELLY: And second to approve the 23 Nueces Power and Equipment purchase contract for the 24 pneumatic roller. Any discussion? Those in favor raise 25 your hand. Unanimous. 73 1 Item 1.28 consider, discuss and take 2 appropriate action for Commissioners' Court approval 3 regarding the RDO Equipment Company purchase order 4 number 1594871. Miss Hoffer. 5 MS. HOFFER: This is for a wheel loader. 6 The list price is $287,662.00. This is under also a 7 SourceWell contract, 032119 JDC. It's a 40 percent 8 discount under that. So the discount is $115,064.80. 9 You've got your freight delivery in and out. The prep. 10 We did go for an extended warranty on this one. This 11 one is 84 months or 4,000 hours. That's $7,432.12. 12 We've got our trade-in, a John Deere 310 13 backhoe, a CAT 924G wheel loader, and a John Deere 670B 14 motor grader. So the total trade-in on those three 15 pieces is $57,400.00. So you go through and you do all 16 the discounts, it brings it down to $133,939.32. 17 COMMISSIONER HARRIS: Move for approval. 18 COMMISSIONER GIPSON: Second. 19 JUDGE KELLY: We got a motion and a second 20 to approve the Nueces Power and Equipment Company 21 contract. No, no. It's the RDO Equipment purchase. 22 This is the RDO Equipment Company purchase. Any 23 discussion? Those in favor raise your hand. Unanimous. 24 Don't go away. Item 1.29 consider, discuss 25 and take appropriate action for Commissioners' Court 74 1 approval regarding the Nueces Power and Equipment 2 purchase contract for one 2020 Hamm H10i cab 84" smooth 3 drum roller. Ms. Hoffer. 4 MS. HOFFER: Yes. The list price on this 5 Hamm smooth drum roller is $143,092.00. We got the 6 optional extended premier warranty, 48 months, 4,000 7 hours. That's at $4,200.00. You go over to the left 8 and you'll see all of our trade-ins that Tanya had 9 surplused. Two CAT 420 backhoes, and two CAT 910 wheel 10 loaders. Total trade-in value of those four pieces of 11 equipment is $50,400.00. So that takes that smooth drum 12 roller down to $97,047.71. 13 COMMISSIONER LETZ: Move for approval. 14 COMMISSIONER GIPSON: Second. 15 JUDGE KELLY: We got a motion and a second 16 to approve the Nueces Power and Equipment purchase 17 contract for the smooth drum roller. Any discussion? 18 Those in favor raise your hand. Unanimous. 19 MS. HOFFER: Thank you. 20 JUDGE KELLY: Kelly, where does that leave 21 us now? We had what, 13 items? 22 MS. HOFFER: Yeah. We got rid of 13 items. 23 And we're getting one, two, three -- four new items. 24 JUDGE KELLY: And that -- and the things 25 that we're getting rid of are things that were old? 75 1 MS. HOFFER: Yes. 2 COMMISSIONER LETZ: Very old. On their last 3 leg. 4 MS. HOFFER: Some of them -- that 930 CAT 5 wheel loader is a 1984. 6 JUDGE KELLY: So this -- this is a major 7 step in being able to get your equipment up to speed. 8 MS. HOFFER: And I think what it will do 9 is -- and for us to trade them in when the values still 10 are high on them, it keeps from us getting into major 11 repairs. It's nothing on a piece of heavy equipment to 12 have a repair of $7,000. That actually can be a cheap 13 repair. So you really start spending the money on them 14 the longer you keep them. 15 And the thing is with a lot of the new 16 equipment, they've gone to so much electronics in them 17 that those boards, you're out there where it's dusty, 18 stuff gets in there and after time, you start having 19 problems with them. And if you have to start trying to 20 track down an electronic issue, it can be very costly 21 trying to track it down. 22 And there's really -- they've all gone to 23 it. All of the electronic stuff with the boards. The 24 longer you keep it, the more money you're going to end 25 up spending on it. The old equipment, the real, real 76 1 old stuff didn't have that. But then after 20 years 2 old, it's hard to find parts for them. So -- 3 JUDGE KELLY: But all total, you went 4 shopping and you got good discounts? 5 MS. HOFFER: Yes. 6 JUDGE KELLY: And you got good trade-in 7 values? 8 MS. HOFFER: Yes. 9 JUDGE KELLY: And you have new equipment? 10 MS. HOFFER: Yes. And we still have money 11 left in our capital, so -- 12 JUDGE KELLY: Well done. 13 COMMISSIONER LETZ: And the other good thing 14 is that I want to mention is that the purchase of the 15 extended warranties on all of these because of that 16 electronic equipment and -- 17 MS. HOFFER: Yes. 18 COMMISSIONER LETZ: -- there are malfunctions 19 on those and the cost is huge. 20 MS. HOFFER: We've kind of learned the hard 21 way on that. We've learned the hard way. So this go 22 around we're like, let's get their premier warranties 23 that will cover it. I think it's money well spent. 24 JUDGE KELLY: Thank you. 25 MS. HOFFER: Thank you. 77 1 COMMISSIONER LETZ: Did you increase your 2 debts budget? 3 MS. HOFFER: What's that? 4 COMMISSIONER LETZ: Did you increase your 5 debts budget? All this new stuff from -- 6 MS. HOFFER: Yeah. 7 COMMISSIONER LETZ: -- in addition to -- 8 MS. HOFFER: We buy it by the drum, so -- 9 thank you. 10 JUDGE KELLY: Okay. Next item is 1.30 11 consider, discuss and take appropriate action to approve 12 the UBEO Rental Contract, Non-Appropriation Addendum and 13 Maintenance Supply for equipment and have the County 14 Judge sign the same. Ms. Lantz. 15 COMMISSIONER LETZ: I'm going to handle it 16 for her. She's in jury selection this morning. For a 17 new contract for a UBEO copier that is basically running 18 $55.00 a month for $660 less than what was budgeted. I 19 move that we approve the new rental agreement addendum 20 and allow the County Judge to sign same. 21 COMMISSIONER BELEW: Did you say it was 22 going to be less? 23 COMMISSIONER LETZ: Yeah, less. $660 per 24 year less. 25 COMMISSIONER BELEW: Second. 78 1 JUDGE KELLY: Got a motion and a second to 2 approve the UBEO rental contract, non-appropriation 3 addendum and maintenance supply contract. Any 4 discussion? Those in favor raise your hand. Unanimous, 5 5-0. 6 Okay. Let's go to our approval agenda. 7 Budget amendments. 8 MRS. SHELTON: There are not any. 9 JUDGE KELLY: 2.2. Pay bills. 10 MRS. SHELTON: Yes. Invoices for today's 11 consideration amount to $1,822,987.70. 12 COMMISSIONER BELEW: Move for approval. 13 COMMISSIONER GIPSON: Second. 14 JUDGE KELLY: Got a motion and a second to 15 approve the -- paying the bills as presented. Any 16 discussion? Those in favor raise your hand. Unanimous. 17 2.3. Late bills. 18 MRS. SHELTON: Yes. Late bills for today's 19 consideration, $72,937.64. 20 COMMISSIONER HARRIS: Move for approval. 21 COMMISSIONER BELEW: Second. 22 JUDGE KELLY: Got a motion and a second to 23 approve the late bills -- pay the late bills as 24 presented. Any discussion? Those in favor raise your 25 hand. Unanimous, 5-0. 79 1 Any Auditor reports? 2 MRS. SHELTON: Yes. We are asking that you 3 accept five audit -- internal audit reports. There was 4 three for the Sheriff's Office, one for the tax office, 5 and one for HR. 6 COMMISSIONER HARRIS: I move for approval. 7 COMMISSIONER BELEW: Second. 8 JUDGE KELLY: Got a motion and a second to 9 approve the Auditor reports, all five Auditor reports as 10 presented. Any discussion? Those in favor raise your 11 hand. Unanimous. 12 Okay. Thank you. Next is 2.5 monthly 13 reports. 14 COMMISSIONER HARRIS: Yes. For September 15 2022, County Treasurer Tracy Soldan. District Clerk 16 Dawn Lantz. Animal Control Services Director Reagan 17 Givens. I move for approval. 18 COMMISSIONER BELEW: Second. 19 COMMISSIONER GIPSON: Second. 20 COMMISSIONER BELEW: Are you guys just busy 21 or what? 22 JUDGE KELLY: He's shuffling paper. I don't 23 know. We got a motion and a second to approve the 24 monthly reports as presented. Any discussion? Those in 25 favor raise your hand. Unanimous. 80 1 2.6. Court orders. 2 COMMISSIONER LETZ: We have the court orders 3 from our October 10th meeting. October 18th is in here 4 also? 5 MRS. DOWDY: It should be, yes. I have it 6 here, if you'd like it. 7 COMMISSIONER LETZ: Okay. Anyway. 8 Commissioner Harris and I both looked at these because I 9 was absent part of that meeting. I think they were all 10 right. 11 There was one correction that was made to 12 Court Order 39608. The vote was five zero, and it 13 should be -- 14 COMMISSIONER HARRIS: Should have been four 15 zero. 16 COMMISSIONER LETZ: -- should have been four 17 zero. But other than that, Court Orders 39594 through 18 39611 of our October 11th meeting are in order and have 19 been corrected. 20 COMMISSIONER HARRIS: And she's corrected it 21 already, I think. 22 MRS. DOWDY: Did you want to do the 18th as 23 well? 24 COMMISSIONER LETZ: Which one? Oh, the 25 18th? 81 1 MRS. DOWDY: Sure. 2 COMMISSIONER LETZ: Judge, I wasn't here on 3 the 18th. You want to do that one? 4 COMMISSIONER HARRIS: I haven't looked at 5 them. 6 MRS. DOWDY: It's only two. It was the 7 subdivision rule regulation change adding the 8 clarification language. 9 COMMISSIONER LETZ: Why don't we do it the 10 next meeting? 11 JUDGE KELLY: Okay. We got a motion to 12 approve the Court Orders as presented. 13 COMMISSIONER LETZ: Yeah. So move. 14 COMMISSIONER HARRIS: Second. 15 JUDGE KELLY: And a second. Any discussion? 16 Those in favor raise your hand. Unanimous. 17 Okay. Moving on to the Information Agenda. 18 Item 3.1 status reports from Department Heads. 19 MRS. DOWDY: Did you want to do 2.6(a)? 20 JUDGE KELLY: Oh, 2.6(a). Consider, discuss 21 and take appropriate action on making a correction to 22 Court Orders 39555 and 39556 from September 12th, 2020 23 (sic) specifically to correct a clerical error in the 24 item number. Ms. Dowdy. 25 MRS. DOWDY: I placed the 5.2 instead of 5.1 82 1 after Executive Session. 2 COMMISSIONER HARRIS: I move for approval. 3 COMMISSIONER BELEW: Second. 4 COMMISSIONER LETZ: Second. 5 JUDGE KELLY: Got a motion and a second to 6 approve the correction of the clerical error in those 7 two orders that are already identified. Any discussion? 8 Those in favor raise your hand. Unanimous. 9 Okay. Status reports from Department Heads. 10 3.2. Status reports from Elected Officials. 11 3.3. Status reports from Liaison 12 Commissioners. 13 COMMISSIONER HARRIS: I talked to Shane this 14 morning. You know, we have some -- our walkway problems 15 here at the building and he's got people in to look at 16 that and give bids this week. Two different companies, 17 one local and one not. 18 JUDGE KELLY: But the cones and then the 19 warning tape will provide that displacement? 20 COMMISSIONER HARRIS: (Indicating.) 21 JUDGE KELLY: Very well. 22 COMMISSIONER BELEW: What are we going to do 23 about the one that the City has to inspect? 24 JUDGE KELLY: It's been brought to my 25 attention that we may own it. I don't know. 83 1 COMMISSIONER BELEW: How do we find that 2 out? 3 JUDGE KELLY: Wait until Heather gets back. 4 COMMISSIONER BELEW: Well, I've been told 5 for years the reason it's been in such disrepair is 6 because we don't own it. 7 JUDGE KELLY: I don't know for a fact. But 8 somebody whispered in my ear that we might actually own 9 it. When in doubt, check it out. Okay. So we're going 10 to have a five minute break. Adjourn and go into 11 Executive Session on Item 4.2(a) consider, discuss and 12 take appropriate action to access and correct steps and 13 pay for an employee. 14 So five minutes. 15 (Recess.) 16 (Executive Session.) 17 JUDGE KELLY: Okay. It is 11:21 and the 18 Court is back in open session. We went into Executive 19 Session at 10:44 for the record. And it's now -- at 20 11:19 took a short break and we are reconvening at 21 11:21. 22 And I'm going to call Item 5.1 action as may 23 be required on matters discussed in Executive Session. 24 COMMISSIONER LETZ: I'll make a motion that 25 we adjust the step and grade of the Crew Chief 84 1 Supervisor in the Road & Bridge Department to 25.12. 2 COMMISSIONER BELEW: Second. 3 JUDGE KELLY: We got a motion and a second. 4 Any discussion? Those in favor raise your hand. 5 Unanimous. 6 COMMISSIONER LETZ: And that is effective 7 10/01 -- whatever it is. 8 COMMISSIONER BELEW: This pay period. 9 COMMISSIONER LETZ: 10/01/22. 10 JUDGE KELLY: Okay. 11 COMMISSIONER LETZ: And then I'll make a 12 second motion that we authorize the pay adjustment to 13 the Crew Chief Supervisor in Road & Bridge, less taxes 14 and appropriate adjustments. 15 COMMISSIONER GIPSON: Second. 16 JUDGE KELLY: Got a motion and a second to 17 adjust the Crew Chief Supervisor's pay, less taxes and 18 deductions. Any discussion? Those in favor raise your 19 hand. Five zero. 20 Any other business? Then we are adjourned. 21 * * * * * * 22 23 24 25 85 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 17th day of November, 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