1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Regular Session 5 Monday, January 9, 2023 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 RICH PACES, 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. 5 4 *** Commissioners' Comments. 8 5 1.1 Consider, discuss and take appropriate 11 action to approve Resolution No. 03-2023 6 approving participation in Pavement Program. 7 1.2 Consider, discuss and take appropriate 15 action to approve Resolution for Victims 8 of Crime Act (VOCA) Grant. 9 1.3 Consider, discuss and take appropriate 15 action to appoint Cathy Becker to replace 10 Butch Mize on the Emergency Services District #2(ESD#2) Board. 11 1.4 Consider, discuss and take appropriate 17 12 action to accept the OOG Grant Number 4587301, BD-Operation Lone Star Grant 13 Program. 14 1.5 Consider, discuss and take appropriate 19 action to approve a $25.00 donation from 15 Network for Good to the Sheriff's Equipment Fund. 16 1.6 Consider, discuss and take appropriate 19 17 action to approve contract with Motorola Solutions for the Watch Guard Body Worn 18 Camera system and cloud storage network, and authorize the County Judge to sign same. 19 1.7 Consider, discuss and take appropriate 24 20 action to approve Addendum to communications system contract with Motorola that was 21 approved on December 27, 2022, and authorize the County Judge to sign same. 22 23 24 25 3 1 I-N-D-E-X 2 NO. PAGE 3 1.8 Consider, discuss and take appropriate 27 action to approve the Temporary Mutual-Aid 4 Agreement for Cooperation on Law Enforcement Efforts between the Kerr County Sheriff's 5 Office and 32nd and 100th Judicial District Attorney's Offices, Carson County, Fayette 6 County and Guadalupe County Sheriff's Office, and with the City of Wharton Police Department, 7 to be in effect from February 27th thru March 2, 2023, and to authorize the County Judge to 8 sign same. 9 1.9 Consider, discuss and take appropriate 32 action regarding the need to establish 10 Public Improvement Districts for road improvements in Kerr County. 11 2.1 Budget Amendments. 39 12 2.2 Pay Bills. 40 13 2.4 Auditor Reports. 40 14 2.5 Accept Monthly Reports. 41 15 2.6 Court Orders. 42 16 3.1 Status reports from Department Heads. 43 17 3.2 Status reports from Elected Officials. 49 18 3.3 Status reports from Liaison Commissioners. 51 19 2.3 Late Bills. 52 20 1.10 Public Hearing for a revision of plat for 53 21 Hidden Valley Ranch Section One, Tracts 5 and 6, Volume 4, Page 33. 22 1.11 Public Hearing for a revision of plat for 53 23 Heavenly Acres Tract 5, Volume 7, Pages 317- 318. 24 1.12 Public hearing for a revision of plat for 53 25 Hill Country Ranch Estates Tracts 11-12, Volume 3, Page 5. 4 1 I-N-D-E-X 2 NO. PAGE 3 1.13 Consider, discuss and take appropriate 54 action for the Court to approve a revision 4 of plat for Hill Country Ranch Estates Tracts 11-12, Volume 3, Page 5. 5 1.14 Consider, discuss and take appropriate 54 6 action for the Court to approve a revision of plat for Scenic Valley Springs Phase 2, 7 Lot 2, Plat file #15-03674. 8 1.15 Consider, discuss and take appropriate 55 action for the Court to set a public hearing 9 for 10:00 a.m. on February 13, 2023 for a revision of plat for Verde Creek Estates 10 Lots 6-7, Volume 3, Page 99. 11 1.16 Consider, discuss and take appropriate 57 action for the Court to approve a final 12 plat for 4L Estates. 13 *** Adjournment. 59 14 *** Reporter's Certificate. 60 15 * * * * * * 16 17 18 19 20 21 22 23 24 25 5 1 JUDGE KELLY: Good morning. Kerr County 2 Commissioners' Court is now in session. It is Monday, 3 January the 9th, 2023. It's 9 o'clock in the morning. 4 And we'll start, I want to remind everyone to please 5 turn your phones off or at least to silent. 6 And with that, if you would please stand for 7 the prayer and the pledge, which will be led by 8 Commissioner Belew. 9 (Prayer and Pledge.) 10 JUDGE KELLY: Please be seated. We'll begin 11 as we normally do with public input. 12 Let me go ahead and call Melissa Downs. 13 Please state your name and what precinct you live in. 14 MS. DOWNS: My name is Melissa Downs. I'm 15 with Kerrville Pets Alive. And I wanted to say good 16 morning and Happy New Year. Judge Kelly and 17 Commissioners, my name is Melissa Downs. My address is 18 127 Timberwood Road in Kerrville, Texas, and I serve on 19 the Kerrville Pets Alive Board of Directors. 20 KPA in partnership with Kerr County Animal 21 Services held a pet adoption event on December 17th. It 22 was from 10:00 a.m. to 2:00 p.m. KPA suggested having 23 this event due to the abundance of pets that were going 24 to be there over the holidays, the limited amount of 25 hours and the limited amount of staff. 6 1 The event ended up drawing over 25 visitors 2 and in just four hours, eight impounded pets found their 3 new homes. They were microchipped and adopted. This is 4 more than the average number of a weekly adoption during 5 KCAS's normal business hours. 6 And this was the first time in over three 7 years that KCAS was actually open for an adoption event 8 on Saturday. We'd like to thank KCAS Director, Reagan 9 Givens, for listening to the need of the community and 10 allowing for this event to happen. We believe that 11 Saturday adoptions allow for working people and families 12 to come adopt a pet. We hope that the County sees the 13 success of this effort and will consider one monthly 14 Saturday adoption event going forward. 15 Thank you so much and have a great day. 16 JUDGE KELLY: Thank you. Mr. Howard Oats. 17 MR. OATS: Yes. Thank you, gentlemen. 18 JUDGE KELLY: If you would -- 19 MR. OATS: Oh, back here? I apologize. 20 JUDGE KELLY: So the people can see you on 21 YouTube. 22 MR. OATS: Okay. Oh, how exciting. Just 23 what I want. I should have put my makeup on better I 24 guess. 25 Okay. Real briefly. I just -- I'm here on 7 1 behalf of a young lady who wrote a letter to Governor 2 Abbott. What is her name here. Her name is Mrs. Bob 3 Wallace. And I think you might have got a copy of that. 4 And let me just read the letter very briefly to you. 5 Governor Abbott, we are grateful that Texas 6 has remained red and green -- red and even increased in 7 conservative representation over the last two years. 8 Since the Texas Legislature last convened, much has come 9 to light regarding the sexualization of Texas children. 10 This includes the alarming discovery of pornographic, 11 pervasively vulgar and other sexually explicit materials 12 in our taxpayer-funded community and public school 13 libraries. 14 Each signer of this letter is currently 15 involved in life -- in fighting to eliminate the filth 16 in our communities. We are organizing and coordinating 17 efforts to protect the children within our particular 18 school district, city or county, but we need statewide 19 reinforcement. 20 Legislative solutions that eliminate this 21 material in every library in Texas are needed, as local 22 policy is failing to address the problem, and the State 23 has a compelling interest to intervene and protect Texas 24 children. 25 Ultimately, the responsibility will fail -- 8 1 will fall on the Legislature. But if you designate this 2 issue as an emergency item, it then has the ability to 3 move more quickly through the process. 4 The clock is ticking and every day matters. 5 We are writing to you to ask you that you designate 6 legislation to stop the sexualization of Texas children, 7 including ridding our schools of pornographic, sexually 8 explicit and pervasively vulgar materials as an 9 emergency item of the Governor's Office so the 10 legislature can immediately get to work to protect Texas 11 children. 12 I'm from California -- and I know, whoopee 13 do, right? Texas is not California. Comparing Texas to 14 California would be like comparing Yugo to a Cadillac. 15 There's a big difference. That's why I moved here. 16 Don't become California. Please. I just want you to 17 keep these things in mind as they come up for you. 18 Thank you, gentlemen. 19 JUDGE KELLY: Thank you. 20 Okay. With that, we'll move on to 21 Commissioners' comments. We'll start with Precinct 1. 22 COMMISSIONER BELEW: Burn ban is on in 23 Precinct 1 right now. And hopefully we'll get a little 24 rain. Do all the burnings we need to do next month. 25 JUDGE KELLY: Precinct 2. 9 1 COMMISSIONER PACES: Okay. Well, I did 2 enjoy the stock show last week at the Hill Country Youth 3 Event Center. My first one. And they made the mistake 4 of giving me a microphone. But I had a good time. 5 Yes, there is a burn ban also in Precinct 2. 6 In fact, that was my first official act of business was 7 to put that burn ban in place. And you know, we have 8 had a few burn ban violations since. So I want to 9 remind everyone that before you burn, call the burn ban 10 hot line. The number is 830-792-4328. It's dry out 11 there. There's no significant moisture in the forecast 12 and this drought is getting bad. Especially in East 13 Kerr County. And especially in the Center Point area 14 where a lot of wells have gone dry already. 15 Headwaters Groundwater Conservation District 16 has done a great job in the last year or two with much 17 needed modifications to their district rules. 18 Particularly with respect to the East Kerr management 19 zone, where we now have exempt well spacing increased 20 from five to seven acres and production caps have been 21 lowered from 80,000 to 65,000 gallons per acre per year. 22 But you know what? Maybe it's time for Headwaters 23 Groundwater Conservation District to consider going to 24 ten acre well space. And I have been in discussion with 25 two of the directors at Headwaters Groundwater 10 1 Conservation District to encourage them in that 2 direction. 3 Now, the other thing I was going to address 4 here is about the letter that was just read off in full 5 to Governor Abbott. I'm aware that all of the entire 6 court has received a copy of the draft. It is still a 7 draft. Other people are going to be asked to sign off 8 on it. And I intend to sign the letter myself and use 9 the title of this office, so to ensure that there is not 10 any perceived violation of the Texas Open Meetings Act, 11 I've only discussed the matter with one other 12 Commissioner, but I'm going to go ahead and enter the 13 latest version of the draft version into the court 14 record. Here it is, Deb. Thank you. 15 And again, I will be a signatory to it. And 16 you know, that's the reason I -- one of the reasons that 17 I ran for office, to support conservative voices in Kerr 18 County. And I have discussed it with the County 19 Attorney and she advised that this is the appropriate 20 thing to do, to raise it in an open meeting. So mission 21 accomplished. That's it for now. 22 JUDGE KELLY: Precinct 3. 23 COMMISSIONER LETZ: Pretty much just glad 24 the holidays are over. Had a great holiday. Spent a 25 lot of time with family. The exceptionally cold 11 1 Christmas meant that I stayed inside and spent more time 2 with the family which is unusual but very nice. But 3 ready for the New Year. 4 JUDGE KELLY: 4. 5 COMMISSIONER HARRIS: All right. I don't 6 have a whole lot other than the stock show has come and 7 gone and I think completes the stress. I spent time out 8 there Friday after the swine show. And spent a little 9 bit of time with -- at the sale on Saturday. And that's 10 about it. 11 Burn ban is still off in Precinct 4. I've 12 consulted with the fire chiefs on Friday and the 13 majority of them felt that we needed to leave it off for 14 now. That's all. 15 COMMISSIONER LETZ: It's also off in 16 Precinct 3. And I know it is dry, but there's a lot of 17 people that -- ranchers especially, that need to do 18 burning right now, this time of year. The winds have 19 been very low. The days that we've had high winds, like 20 last Thursday, it's against State Law to burn anyway. 21 So burn ban is -- would not do anything on those days. 22 That's just where it is in Precinct 3 for right now. 23 JUDGE KELLY: Very good. Then let's move on 24 to the Consideration Agenda. Item 1.1 consider, discuss 25 and take appropriate action to approve Resolution No. 12 1 03-2023, approving participation in the Pavement 2 Program. Mary Rohrer. 3 MRS. ROHRER: Good morning, Judge and 4 Commissioners, and Happy New Year. Glad to be the first 5 item on this agenda. Kinda nice. I wanted to bring to 6 you a Resolution to approve the Airport's participation 7 in a statewide capital paving program, which includes 8 basically the ability for us to have TxDOT help us 9 maintain our pavement at the airport. 10 The Statewide program is TxDOT organizes 11 maintenance of runways and taxiways with -- regionally, 12 so we have five other airports that are included in the 13 statewide program. So that's Junction, Georgetown, 14 Burnet and Temple. So us five airports are going to be 15 having our -- our -- basically our airfields improved 16 this summer and then TxDOT will manage the construction 17 and the contract and do all the work together and be 18 able to coordinate that between the airports. 19 So it's a huge benefit for us because 20 actually it's quite a bit of money. And it's a great 21 opportunity for us to have folks come out here and help 22 us with our major runways. 23 So as you can see, the total project cost 24 for the whole project is $1,378,750.00 for the actual 25 cost of the project. 90 percent of that is paid for by 13 1 TxDOT, so $1,240,875.00 is paid by TxDOT, and local is 2 ten percent. The local share is ten percent, which is 3 $137,875.00. So that money in the local share was 4 included in both the City and the County's capital 5 budget, which got approved last fall to include the 6 $69,000 -- about $69,000, for both parties to be able to 7 work on that. So that's already within the capital 8 project. 9 So our airport, we're having the main runway 10 which parallels the highway, their highway, our main 11 runway 1230 over -- I mean slurry sealed and emulsion 12 put on it and then new striping, and as well as all the 13 taxiways that lead to that main runway. And then also 14 they're working with some maintenance items that we have 15 on our apron out in front of the terminal. So it's a 16 huge great contribution. I'm really pleased we were 17 able to be -- apply for it and get it awarded to our 18 airport. 19 And the other pieces of the requirements 20 here on the Commissioners Resolution is to basically 21 approve the project based on the scope that y'all see 22 here today, authorize the board acting through the 23 Airport Manager to execute all the TxDOT documents. And 24 then number three is allow us to be the project 25 representative, be the proper project representative 14 1 during the project scope and project. 2 COMMISSIONER LETZ: Move for approval. 3 COMMISSIONER PACES: Second. 4 JUDGE KELLY: Got a motion and a second to 5 approve the Resolution for participation in the TxDOT 6 Pavement Program. Is there any discussion? 7 COMMISSIONER LETZ: Just a quick -- the 8 reason this has to get approved by the City and the 9 County is the amount of the contract is over $75,000 for 10 an agreement. And it'll be on City Council agenda 11 tomorrow night. 12 MS. ROHRER: Yes. So we approved it at the 13 Joint Airport Board in December, you got it here today, 14 and then tomorrow night at City Council. So then we'll 15 be off and running. Thank you very much. 16 JUDGE KELLY: We need to take a vote. 17 MRS. ROHRER: Okay. 18 JUDGE KELLY: Don't leave yet. 19 MRS. ROHRER: I'm not leaving. 20 JUDGE KELLY: Those in favor say aye. 21 Opposed? Unanimous. Thank you, Mary. 22 MRS. ROHRER: Thank you very much. Thank 23 you all. 24 COMMISSIONER BELEW: I think she saw that 25 coming. 15 1 JUDGE KELLY: Okay. The next item on the 2 agenda is 1.2 consider, discuss and take appropriate 3 action to approve Resolution for Victims of Crime Act 4 (VOCA) Grant. Ms. Peter. 5 MRS. PETER: Good morning, Judge. 6 Commissioners. I'm going to sound really boring 7 compared to her. My Resolution, this is an ongoing 8 grant for the Victims of Crime Act. The County's had 9 this over ten years, and I'm just asking you to allow 10 the Judge to let me apply for the grant. 11 The writing has started and it's due mid 12 February. So this Resolution allows it to happen with 13 the Judges oversight. 14 JUDGE KELLY: So this is routine, we do it 15 every year. 16 MRS. PETER: It is. It is. 17 COMMISSIONER BELEW: Move for approval. 18 COMMISSIONER LETZ: Second. 19 JUDGE KELLY: Got a motion and a second to 20 approve the Resolution to apply for the Victims of Crime 21 Act Grant. Any discussion? Those in favor say aye. 22 Opposed? Unanimous. 23 Thank you, Miss Peter. 24 MRS. PETER: Thank you. 25 JUDGE KELLY: 1.3 consider, discuss and take 16 1 appropriate action to appoint Cathy Becker to replace 2 Butch Mize on the Emergency Services District #2 Board. 3 Commissioner Harris. 4 COMMISSIONER HARRIS: Yes. We have 5 excellent board members for ESD #2. Butch Mize is 6 stepping down after a couple terms. And we're very 7 fortunate to have Cathy Becker to step forward and want 8 to join our team out there. So with that, I move for 9 approval. 10 COMMISSIONER BELEW: Second. 11 COMMISSIONER PACES: Second. 12 JUDGE KELLY: Got a motion and a second to 13 approve Cathy Becker serving on the Emergency Services 14 District #2 Board. Any discussion? Those in favor say 15 aye. Opposed? Unanimous. 16 So if you'll step forward, we'll swear you 17 in right now -- 18 MS. BECKER: All right. 19 JUDGE KELLY: -- and get you started. Here, 20 so they can see you. Stand right here. 21 MS. BECKER: Okay. 22 JUDGE KELLY: We're going to shake hands 23 when it's over. Okay? 24 MS. BECKER: Okay. 25 JUDGE KELLY: If you would, raise your right 17 1 hand. 2 (Cathy Becker was sworn in by Judge Kelly.) 3 JUDGE KELLY: Congratulations. 4 MS. BECKER: Thank you, sir. 5 JUDGE KELLY: Thank you. If you'll sign 6 right here. Where's a pen? Sign right here. 7 (Signing paperwork.) 8 COMMISSIONER BELEW: That's the important 9 one. 10 JUDGE KELLY: Move on to Item 1.4 consider, 11 discuss and take appropriate action to accept the OOG 12 Grant Number 4587301, which is Operation Lone Star Grant 13 Program. Miss Putnam. 14 MS. PUTNAM: Okay. I'm here to ask you to 15 go ahead and approve and accept the funding for the 16 latest grant that we've been awarded. And just as a 17 reminder, it seems like I'm up here quite a bit, this 18 particular one is for the Operation Lone Star, which the 19 purpose of this program is to enhance integrity board 20 security operations for Operation Lone Star, including 21 funding to help deter criminal activity related to the 22 border crisis. 23 So we went in and applied for this, I 24 believe, sometime in the early fall. It's now been 25 awarded in the amount not to exceed $660,180.00. And 18 1 what I am asking of you today is to allow the Judge to 2 certify and accept the grant award. And Sheriff Leitha 3 would also like to have a few words. 4 SHERIFF LEITHA: Yeah. What I'd just like 5 to let the Court know, you know, I have to thank the 6 whole team for putting in for this. You know, although 7 the amount isn't what we wanted, I mean, when I found 8 out this is one of the larger amounts in our area that 9 was approved I mean, I think we did a really good job 10 and this is from the cases we've made out there in human 11 smuggling. But we appreciate y'all considering it. 12 COMMISSIONER BELEW: Is the larger money 13 going straight to the border? 14 SHERIFF LEITHA: Oh, yeah. Definitely. You 15 know, we're a three-tier County so we're out. I mean, 16 you know, my fellow Sheriff over there in Medina County, 17 he got $100,000 and they deal with it a whole lot more 18 than we do, but we were extremely fortunate to get this. 19 And this is what I say, thinking out of the box, you 20 know, going in other ways to fund money to bring in to 21 supplement our budget. But this is a very good amount. 22 COMMISSIONER LETZ: Move for approval. 23 COMMISSIONER BELEW: Second. 24 JUDGE KELLY: We got a motion and a second 25 to approve the Operation Lone Star Grant as proposed -- 19 1 as presented. Any discussion? Those in favor say aye. 2 Opposed? Unanimous. Thank you. 3 MS. PUTNAM: All right. Thank you. 4 JUDGE KELLY: Moving on to Item 1.5 5 consider, discuss and take appropriate action to approve 6 a $25.00 donation from Network for Good to the Sheriff's 7 Equipment Fund. Sheriff Leitha. 8 SHERIFF LEITHA: Yeah, I'm just looking for 9 the Court's approval to be able to accept the $25.00 to 10 go into our, let's see, it's going to the Equipment 11 Fund. 12 COMMISSIONER HARRIS: I move for approval. 13 COMMISSIONER LETZ: Second. 14 JUDGE KELLY: Got a motion and a second. 15 Any discussion? Those in favor say aye. Opposed? 16 Unanimous. Don't go away. 17 SHERIFF LEITHA: No, I'm not going away. 18 JUDGE KELLY: 1.6 is consider, discuss and 19 take appropriate action to approve the contract with 20 Motorola Solutions for the Watch Guard Body Worn Camera 21 system and cloud storage network, and authorize the 22 Judge to sign same. Sheriff Leitha. 23 SHERIFF LEITHA: Yeah, Judge. This one is 24 going to probably be the longest for you and the Court. 25 We're going to do the $30,000 helicopter look on this 20 1 one and kind of explain. What happened was we -- we 2 identified last year that our body worn cameras are 3 going to be nonserviceable anymore and are going to be 4 discontinued. Well, actually are discontinued as of 5 12-31-22 and they still work. 6 But what we did is our team, again, went out 7 and found another grant for $74,660.00. What we're 8 asking the Court is to be able to enter a contract with 9 Motorola Solutions and go to a five-year contract with 10 them. The total amount for this is $310,420, which I 11 know is a lot of money. And I'll explain how we're 12 going to pay for that here in a minute. 13 But currently, today, we have 34 body worn 14 cameras. In today's society, unfortunately, you know, 15 we -- a deputy wears one camera, the screen in the 16 vehicle, and then we have three interview rooms that all 17 record. Today we have on-prem storage. IT oversees 18 that. 19 What I want to do in the future, the way I'm 20 taking the Sheriff's office, we're entering into more 21 and more five-year contracts and we want to lock in that 22 price. I can tell you the cost of doing business, what 23 we see is about 40 percent up this year from last year 24 doing business. But if we go to this -- we're going to 25 go to 60 cameras and it's kind of like the -- what I say 21 1 the radio project. It gets the Sheriff's Office inherit 2 it an oversees it. 3 So also included in this is our constables 4 and our Animal Control Services. So it's not just the 5 Sheriff's Office, although we are the biggest part of 6 it. But you know, the remaining balance -- if we put 7 down the $74,660.00, it's going to be $58,896.00 for 8 years two through five. 9 Currently, today, we pay $24,000.00 in 10 maintenance and stuff already. So what, that leaves us 11 about $34,000.00 for years two through five. That can 12 be paid for, you know, through the Motorola radio 13 contract. Because if we enter and approve that, then 14 we'll have -- I'll have extra money, about $60,000.00 a 15 year that I can use towards this to pay years two 16 through five. If not, you know, we can always go out 17 for -- and we always go for additional grants. 18 The last thing, the third thing, will be 19 adding my budget, you know, next year. So I feel very 20 confident it'll be covered. With this, we will go -- 21 we'll have storage through Motorola in two different 22 places in the United States, compare to one on prem. 23 What I like about that, Motorola will be responsible 24 for, you know, the upkeep and maintenance of our digital 25 evidence, which is today, you know, if it -- if we 22 1 record it, we have to produce it for our cases. If not, 2 you know, we're asking -- we're answering to the 3 District Attorney. 4 And also, this will help our IT Department 5 not having to oversee that anymore. It'll be overseen 6 by Motorola. If you have any questions, I'll be happy 7 to answer them. I'm looking for the head nod -- I see 8 it. There you go. Thank you. 9 COMMISSIONER BELEW: I move for approval. 10 JUDGE KELLY: You made the motion? 11 COMMISSIONER HARRIS: Second. 12 COMMISSIONER PACES: I'd just like to ask, 13 where is the funding going to come from? Do we have a 14 clear agreement on that? I mean I support the program. 15 SHERIFF LEITHA: Okay. So let me get back 16 to it. So the -- it's $310,420.00. We got $74,660 17 we'll put down year one. Which the remaining balance 18 for four years is 58896. Currently, today, in my budget 19 I have $24,000 right now. That's what we've got. Which 20 leaves me $38,000 a year from there. So one of three 21 ways. I do have money in my Motorola contract which has 22 been approved, which will be free because we're going to 23 get a five-year maintenance on that. So I can get the 24 funds that way, one way you know. It's already there. 25 It's in my budget today. 23 1 Two is, you know, we applied for some other 2 grants but like I said, that's 50/50. Who knows if we 3 get it. Your -- you know, the last option will be I add 4 it in next year's budget. Not this year, next year if 5 the other ones fail. But, you know, the Motorola 6 contract, that's my next one up here. If y'all approve 7 that then we're good. 8 COMMISSIONER PACES: I'll just go on record 9 and say, you know, if it comes out of the Motorola 10 contract that's coming and using ARPA funds, I am 11 opposed to expenditure of those ARPA funds. 12 SHERIFF LEITHA: Correct. No, it's not 13 coming out of the Motorola funds. I currently have it 14 in my budget, the money for that. 15 COMMISSIONER PACES: Then I'm happy with 16 that. Thank you. 17 JUDGE KELLY: Okay. Anything else? 18 SHERIFF LEITHA: No. 19 JUDGE KELLY: Well, and there's a fourth 20 way, you can do a budget amendment if you need to. 21 SHERIFF LEITHA: Correct. Yes. 22 JUDGE KELLY: At the end of the year. 23 SHERIFF LEITHA: But that would be next 24 year. I'm -- I'm good for this year. 25 MRS. STEBBINS: There's also a term in the 24 1 contract for non-appropriation if it's not budgeted in 2 years -- 3 SHERIFF LEITHA: And last but least, the 4 County Attorney has reviewed this and approved it. 5 That's where I was going next. 6 JUDGE KELLY: There's about a half an inch 7 contract here and I just want to make sure it's been 8 reviewed. 9 MRS. STEBBINS: Yes, sir. 10 JUDGE KELLY: Okay. And we have a motion 11 and a second to approve it. Any other discussion? 12 Those in favor say aye. Opposed? Unanimous. 13 Move on to Item 1.7 consider, discuss and 14 take appropriate action to approve the Addendum to 15 communications system contract with Motorola that was 16 approved on December 27, 2022, and authorize the County 17 Judge to sign same. Sheriff Leitha. 18 SHERIFF LEITHA: Yes. This one might be a 19 little more tough here but this one here is an addendum. 20 Y'all approved the contract at the last Commissioners' 21 Court. 22 JUDGE KELLY: This one is more like an inch. 23 SHERIFF LEITHA: Yeah. This one here. And 24 let's just start that this one has been approved -- 25 reviewed and approved by the County attorney. 25 1 MRS. STEBBINS: Uh-huh. 2 SHERIFF LEITHA: But this is going back to 3 our original contract in May of last year, taking out 4 some things that we didn't need. That does not affect 5 the reception, nothing so whatever. And adding in a 6 five-year maintenance contract. That's really good. 7 That's one of the key things I fought for over this 8 maintenance contract is, like I said, the cost of things 9 does nothing but go up. 10 You know, I say it's unfortunate but, you 11 know, as you know the City has went this direction. You 12 know, it's kind of forced our hand to probably move a 13 little quicker than we wanted to. But you know, we've 14 got to be able to communicate for officer safety and the 15 public safety. So I'm asking y'all if y'all would 16 approve this Addendum. Reduced it to $6,980,950.00, 17 which will include a five-year maintenance contract. 18 COMMISSIONER HARRIS: You got it under 19 seven, didn't you? 20 COMMISSIONER BELEW: They knew the number. 21 SHERIFF LEITHA: No comment. 22 COMMISSIONER BELEW: I just want to say, I 23 didn't vote on the last one because I was absent from 24 the meeting so I'm going to abstain from this vote. 25 JUDGE KELLY: What this Addendum is, is that 26 1 all the changes that we talked about that we did not 2 make when we approved the original contract. Is that 3 right? 4 SHERIFF LEITHA: Yes, sir. 5 JUDGE KELLY: And it has been reviewed by 6 the County Attorney? 7 MRS. STEBBINS: Yes, it has. And I've 8 worked with Motorola's attorney and we have gotten the 9 terms that we've needed to in there. 10 SHERIFF LEITHA: I have to thank Heather. 11 She's got the -- countless hours in this. Holiday hours 12 and stock show hours. Everything. 13 COMMISSIONER HARRIS: A lot of back and 14 forth, wasn't it? 15 JUDGE KELLY: She asked for the job. 16 MRS. STEBBINS: I did. It's a good one. 17 COMMISSIONER PACES: I'm also going to also 18 abstain -- 19 JUDGE KELLY: Okay. 20 COMMISSIONER PACES: -- for two reasons. 21 Number one, I just saw this Amendment this morning and I 22 haven't read it. I have publicly criticized certain 23 members of our Senate for voting and approving an 24 ominous bill that they -- there's no possible way they 25 could have read the darn 4,155 page ominous bill. 27 1 So for that reason alone, but alongside the 2 other one, I don't support the expenditure of ARPA 3 funds. This is ARPA funds in this contract. So I am 4 going to abstain. 5 JUDGE KELLY: Okay. Any other discussion? 6 There being none those in favor say aye. Opposed? And 7 abstain? 8 COMMISSIONER BELEW: Aye. 9 COMMISSIONER PACES: Aye. 10 JUDGE KELLY: Okay. So the vote is three, 11 zero, two. 12 Moving on to Item 1.8 consider, discuss and 13 take appropriate action to approve the Temporary 14 Mutual-Aid Agreement for Cooperation on Law Enforcement 15 Efforts between the Kerr County Sheriff's Office and the 16 32nd and 100th Judicial District Attorney's Offices, 17 Carson County, Fayette County, Guadalupe County 18 Sheriff's Office, and with the City of Wharton Police 19 Department and Liberty County. Did I get them all? 20 SHERIFF LEITHA: Yes, sir, you did. 21 JUDGE KELLY: Okay. And be in effect 22 February 27th through March 2nd, 2023, and to authorize 23 the County Judge to execute same. Sheriff. 24 SHERIFF LEITHA: What I've done, Court, is 25 I'm asking for the Judge to be able to sign these. I 28 1 wanted to host a task force. Kind of the new thing that 2 law enforcement is doing throughout different parts of 3 the State. Here recently we sent one of our guys up to 4 Victoria. It was very successful. But anyway, I wanted 5 to host one myself. There's a lot that goes into this. 6 I'm actually responsible for the task force. 7 There's -- we call them heavy hitters. 8 There's probably 20 guys throughout the State of Texas 9 that are really good at interdiction that are going to 10 come here. The good thing for us is when I send my guy 11 over there, I kind of foot the bill and we don't get 12 anything other than on-the-job training and experience, 13 which is very valuable. 14 But the good thing with the agreement is 15 when they come here, you know, any assets or proceeds, 16 anything that seeds here stays here for all 20 of these 17 guys. So it's kind of a no-brainer. You know, I'm 18 responsible for setting up the rooms, they pay for their 19 own. We've done all that. 20 But I'm asking the Judge to be able to sign 21 these, which I will then forward and they'll run it 22 through their City Council Commissioners' Court to be 23 able to come on those days. But I'm looking really 24 forward to it because I think it will be real 25 successful. 29 1 Like I said, people are coming from 2 throughout the whole State of Texas to participate in 3 this. 4 COMMISSIONER BELEW: Move for approval. 5 COMMISSIONER PACES: Second. 6 JUDGE KELLY: Got a motion and a second to 7 approve these Mutual-Aid Agreements for Cooperation on 8 Law Enforcement Efforts between Kerr County and the 9 various stated entities. 10 SHERIFF LEITHA: It has been reviewed, sorry 11 Judge, I forgot, by the County Attorney. 12 MRS. STEBBINS: It's been reviewed. Yes, 13 sir. 14 COMMISSIONER LETZ: I have a question, 15 Sheriff. Usually our mutual-aid agreements are with 16 neighboring counties. Some of these are -- seems odd. 17 The counties you showed. Can you explain why it's these 18 particular counties? 19 SHERIFF LEITHA: You know, each County -- 20 just like me, when I send my guys from Kerr County to 21 Victoria, and it's up to Sheriff's if it's something 22 they can do, if they want to participate, you know, I'm 23 real big in interdiction. I really, you know, I think 24 that's a good thing. 25 You know, at first the Sheriff has to be in 30 1 agreement with it and you gotta be able to send your 2 guy. So, you know, these guys -- there's a lot more of 3 them but these are the only ones that will be able to 4 participate at this time. Usually about every quarter 5 they'll go to different parts throughout Texas. Like 6 the next one is going to be up in the Amarillo area, 7 which I'm considering sending my guy to. It's just the 8 different kind of traffic and stuff like that. Whoever 9 wants to participate in it. You know, I'm real big into 10 that. 11 COMMISSIONER LETZ: But it seems like 12 it's -- the purpose of it is training. Why do you need 13 a mutual-aid agreement for training? 14 SHERIFF LEITHA: Well, I say training. They 15 get to see different stuff. But it's about going out 16 there and making cases and taking drugs off the street. 17 COMMISSIONER LETZ: Okay. 18 SHERIFF LEITHA: Yeah. 19 JUDGE KELLY: Is this in response to the 20 emergency declaration that we did with regard to the 21 border? 22 SHERIFF LEITHA: No, sir. Not -- not 23 really. No, it's not. It's just an interdiction deal. 24 This doesn't -- like I said, throughout the State. 25 JUDGE KELLY: Well, there were requirements 31 1 in that declaration -- 2 SHERIFF LEITHA: Yes. 3 JUDGE KELLY: -- that you have to have some 4 mutual-aid agreements. 5 COMMISSIONER BELEW: It appears to be that 6 it's intentional, and that you've chosen these 7 specifically for a reason. So has there been 8 interaction between -- that one, Waller, is a long way 9 off. 10 SHERIFF LEITHA: It is. It is. 11 COMMISSIONER BELEW: There's a lot of space 12 in between them, between us and them. So are you trying 13 to -- is there a pattern that we're missing or -- 14 SHERIFF LEITHA: No. No. It's just, like I 15 said, whoever wants to participate. There's a lot more 16 than this but -- 17 COMMISSIONER BELEW: You'd do all the 18 counties if they wanted to? 19 SHERIFF LEITHA: Yeah. If they wanted to 20 participate. A lot of them don't. I mean, you know, we 21 do. 22 COMMISSIONER BELEW: That makes sense then. 23 SHERIFF LEITHA: Appreciate it. 24 JUDGE KELLY: They like coming to Kerr 25 County. 32 1 COMMISSIONER BELEW: Everybody does. 2 SHERIFF LEITHA: Yeah, they all stay at the 3 YO. 4 JUDGE KELLY: Okay. So we have a motion? 5 MRS. DOWDY: Yes. 6 JUDGE KELLY: And a second? 7 MRS. DOWDY: Yes, sir. 8 JUDGE KELLY: Any other discussion? Those 9 in favor say aye. Opposed? Unanimous. 10 Thank you, Sheriff. 11 SHERIFF LEITHA: Thanks. 12 JUDGE KELLY: Item 1.9 consider, discuss and 13 take appropriate action regarding the need to establish 14 Public Improvement Districts for road improvements in 15 Kerr County. Commissioner Belew. 16 COMMISSIONER BELEW: Okay. This came up 17 recently. And we were discussing -- we're not going to 18 get anything done today. But I would like for us to 19 have a workshop so we can really analyze this and look 20 it over in creating a Public Improvement District so 21 that we can include that with new subdivisions as a 22 requirement in some cases so we don't have these 23 problems with these roads. 24 Now, I'm no legal expert, but I've read the 25 materials and I've got copies of it here for anybody if 33 1 they want, how to do it, what's required. And I think 2 pending approval from, I guess, the County Attorney and 3 whatever our TAC attorney has to say that it's 4 permissible and it's okay for us to do this and have it 5 as a requirement. 6 I've read all of it and you get to the last 7 page and you go, oh, I wish that would have been on the 8 front page because that would have solved the issue. 9 But there's information in it about 10 counties. There's more than 650,000 people and that 11 sort of stuff. So when you get down to the end, you can 12 make an agreement with a developer so that this gets 13 taken care of. There's some nuts and bolts to it we 14 need to work out, but we need to start thinking about 15 this for the future so we don't have another one of 16 these deals where you have, you know, a hundred houses 17 going in where a road that hardly accommodates 30 people 18 that already live on it. It's got to be done. We've 19 got to move in this direction. 20 So what I really want to do is for us to set 21 a time to have a workshop for this. 22 COMMISSIONER HARRIS: Sounds good to me. It 23 is an ongoing problem. 24 COMMISSIONER BELEW: Yeah. It's going to 25 continue to be. And if this -- I hate to say it, but if 34 1 it makes it cost prohibitive that will give us a 2 breather anyway. And I don't want to do that. I don't 3 want to restrict any developer from having the ability 4 to come here and live the American Dream and people have 5 the house they want and all that, but we want the roads 6 to be safe. This County cannot afford to do that. And 7 we're going to have to have help some way or other. 8 So this -- if we can set up a workshop, talk 9 about it in the meantime, the County Attorney can look 10 at it and we can get some help from Chuck and move 11 forward with it as part of our -- it's really -- we are 12 going to have -- we have our brand new subdivision rules 13 so it could be, you know, the first amendment to our 14 subdivision rules. 15 COMMISSIONER LETZ: Second. There's already 16 one coming. 17 COMMISSIONER BELEW: Well, the second one. 18 This would be a big one and save the County a lot of 19 money. 20 COMMISSIONER HARRIS: Yeah. Exactly. 21 COMMISSIONER BELEW: It could save lives. 22 So that's what I'm concerned about. 23 COMMISSIONER HARRIS: Well, I've made clear. 24 I'm not for taking on anymore roads in the future, you 25 know. 35 1 COMMISSIONER BELEW: We can't afford to do 2 it. 3 COMMISSIONER HARRIS: No, we can't. 4 COMMISSIONER BELEW: But with this, if -- if 5 the burden is placed on the person for all the extra 6 traffic out there. 7 COMMISSIONER HARRIS: Exactly. 8 COMMISSIONER BELEW: And we've discussed it, 9 a lot of the ways we've danced around it, and I think 10 this -- this will take us to the place where we can get 11 to the heart of it. 12 COMMISSIONER HARRIS: Exactly. 13 COMMISSIONER PACES: So this wouldn't raise 14 general taxes on that particular area? It's just the 15 developer that -- 16 COMMISSIONER BELEW: It is a tax. But a 17 road district -- 18 COMMISSIONER PACES: Our constituents are 19 going to bear the cost for it? 20 JUDGE KELLY: Well, let's talk about what it 21 is because I think -- 22 COMMISSIONER BELEW: Before we do that, I 23 want to demonstrate what it is for everybody. And Bob 24 Reeves can -- I'm going to ask you, which one of these 25 just got retired? There was a road district just -- 36 1 they just made their final payment on it? 2 MR. REEVES: Not -- not recently. But we 3 did have a number of road districts at one time and once 4 the bonds were paid off, we're down to one. 5 COMMISSIONER BELEW: We're down to one. 6 That's what it is. 7 MR. REEVES: One road district in 8 Precinct 4. Yeah. 9 COMMISSIONER BELEW: So what happens is if 10 you don't have adequate roads, a neighborhood, an area 11 can vote on it, they get an extra tax that the others 12 don't get around them. Their neighbors. And they -- 13 MR. REEVES: And they brought the roads up. 14 I'm sure Commissioner Letz can add his app, but they 15 bring the roads up to the standards of the County. 16 Bonds are sold, and that area pays for it. 17 Now, my basic understanding, and that's all 18 I have with the Public Improvement District, is it's not 19 necessarily created by the vote of the people, but 20 rather the vote here. And it's -- it's a way to provide 21 for future problems that may arise because of the roads 22 like you're talking about. How to alleviate those 23 problems. 24 I do know Medina County is using this to 25 some degree, and I believe one of the attorneys with the 37 1 firm that does our bond work has been very instrumental 2 in what he does in Medina County. 3 JUDGE KELLY: I talked to Judge Schuhardt 4 this morning, and Medina County has been using PID's for 5 a number of years. And it's an agreement between the 6 County, the local government entity, and the developer. 7 And it's a method of being able to finance the capital 8 improvements that go into these developments. 9 And there's a requirement that they have a 10 homeowners' association, and all of this eventually gets 11 repaid by the people that are actually benefitting from 12 it. But it is -- it's commonly used over there. And 13 the foremost authority in the area is the son of Bob's 14 former partner, Scott Binford -- Clay Binford. Is he at 15 McCall & Parkhurst now. 16 MR. REEVES: Yes. 17 JUDGE KELLY: But he is the local guru. 18 Texas A&M, St. Mary's Law School and specializes in 19 this. And I would really -- if we have a workshop, I 20 want to invite him. I want to hear from him. 21 COMMISSIONER BELEW: I'm all about that. I 22 agree. 23 COMMISSIONER LETZ: Good. 24 COMMISSIONER PACES: Better. I'm happy to 25 have the workshop. 38 1 COMMISSIONER BELEW: So when -- when can we 2 have a workshop? 3 MRS. DOWDY: Can I make a comment? The 4 probate court -- there's no probate court on the 19th 5 and there's a juvenile docket reserved at 1:30 that day. 6 So I would recommend January the 19th, if that's not too 7 late, at 9:00 a.m. 8 COMMISSIONER LETZ: That's awful early. And 9 I can't make it anyway on the 19th. 10 JUDGE KELLY: I mean -- 11 COMMISSIONER BELEW: We gotta find out if 12 he's available. First of all, check his schedule. Yes. 13 But I'd like to do it pretty quick. You know, we really 14 do need to look at this. 15 COMMISSIONER LETZ: We have a couple 16 workshops that are -- we need to do and we could maybe 17 do them all -- I mean, if possible, do them in the 18 same -- in one day. Have one -- 19 JUDGE KELLY: We generally do them on off 20 Mondays that we don't have a regular Commissioners Court 21 meeting. That's kind of our fallback. 22 COMMISSIONER LETZ: I'd like to -- maybe 23 Jody can help coordinate something in February. 24 COMMISSIONER BELEW: I'm happy for Jody just 25 to tell me when to show up. I'm happy for that. So 39 1 that's all I needed today. 2 JUDGE KELLY: Well, I've talked to Scott, 3 with Clayton, of course, so why don't Jody and I follow 4 up with him and she'll get us a date. 5 COMMISSIONER BELEW: Yeah. 6 JUDGE KELLY: So no action required on this. 7 COMMISSIONER BELEW: No. 8 JUDGE KELLY: Okay. 9 MS. HOFFER: Real quick. I know that there 10 was a YouTube video. I think it might be the guy from 11 Texas A&M that you're talking about. It's a little over 12 an hour. But he does a video on this and I've watched 13 part of it and I couldn't watch the rest of it. So -- 14 COMMISSIONER BELEW: Thank you, Kelly. 15 JUDGE KELLY: Okay. I'm looking for 16 Charlie. Is he out in the hall? 17 COMMISSIONER HARRIS: Not yet. 18 JUDGE KELLY: We're a little ahead of 19 schedule. 20 MRS. STEBBINS: There's an Executive Session 21 item. 22 JUDGE KELLY: Let's go ahead and just move 23 on to the approval agenda. Item 2.1 budget amendments. 24 MRS. SHELTON: We have four budget 25 adjustments for today. Three of these are related to 40 1 grants which y'all have already approved and accepted. 2 It's just formalizing it in the form of the budget. And 3 the last one that you see there is for the -- a contract 4 that we have and they're just paying us a little bit 5 more money. 6 COMMISSIONER BELEW: Move for approval. 7 COMMISSIONER LETZ: Second. 8 JUDGE KELLY: Got a motion and a second to 9 approve the budget amendments as presented. Any 10 discussion? Those in favor say aye. Opposed? 11 Unanimous. 12 2.2. Pay the bills. 13 MRS. SHELTON: Yes. Today's invoices total 14 $709,065.68. 15 COMMISSIONER PACES: Move for approval. 16 COMMISSIONER BELEW: Second. 17 JUDGE KELLY: Got a motion and a second to 18 approve paying the bills as presented. Any discussion? 19 Those in favor say aye. Opposed? Unanimous. 20 Late bills. 21 MRS. SHELTON: Judge, can -- we need just a 22 little bit more time. We've had some more turned in 23 this morning that we need to get in. 24 JUDGE KELLY: Okay. We'll pass that. Then 25 let's go on down to Auditor's reports? 41 1 MRS. SHELTON: Yes. I just have one item of 2 information to bring to y'all's attention. So on 3 January the 1st of 2023, the per mile rate went up to 4 .655 and that's according to the IRS. So last year 5 y'all passed a resolution that said it could go up 6 whenever the IRS goes up and so the form -- travel form 7 has been updated on the County's website. 8 JUDGE KELLY: And that does not require 9 action, right? 10 MRS. SHELTON: It does not. 11 JUDGE KELLY: Okay. Then that's all you 12 have on the Agenda, right? 13 MRS. SHELTON: Yes, sir. 14 JUDGE KELLY: Okay. Let's move on to 2.5 -- 15 COMMISSIONER BELEW: Can I ask a question? 16 Before the end of this meeting we're going to find out 17 what the other late bills were? 18 MRS. SHELTON: Yes, sir. 19 COMMISSIONER BELEW: Okay. 20 JUDGE KELLY: 2.5 Accept Monthly Reports. 21 COMMISSIONER HARRIS: Yes. For November, 22 2022. Treasurer's monthly report, Tracy Soldan. 23 Payroll approval, Tracy Soldan. For December, 2022. 24 Payroll approval, Tracy Soldan. Environmental Health, 25 OSSF, Director Ashli Badders. Auditor's monthly 42 1 reports, Tanya Shelton. 2 Constables. Precinct 1, Tommy Rodriguez. 3 Precinct 2, Kyle Schneider. Precinct 3, Paul Gonzales. 4 Precinct 4, Brad Rider. Justice of the Peace. 5 Precinct 1, Mitzi French. Precinct 2, J. R. Hoyne. 6 Precinct 3, Kathy Mitchell. And District Clerk, Dawn 7 Lantz. I move for approval. 8 MRS. DOWDY: I need to make a comment. 9 COMMISSIONER HARRIS: Okay. 10 MRS. DOWDY: J.P. 1 was not on there. I 11 should not have put that on there. Sorry. 12 COMMISSIONER HARRIS: Okay. So J.P. 1 -- 13 JUDGE KELLY: So we're looking for reports 14 from Ragsdale and -- 15 MRS. DOWDY: I believe that's correct. 16 COMMISSIONER HARRIS: Thank you. I move for 17 approval. 18 COMMISSIONER BELEW: Second. 19 JUDGE KELLY: Got a motion and a second to 20 approve the monthly reports as presented. Any 21 discussion? Those in favor say aye. Opposed? 22 Unanimous. 23 Court orders. 24 COMMISSIONER LETZ: Yes. We have the court 25 orders from our December 27th meeting, numbers 39731 and 43 1 39744. And from our meeting on January 1st, 2023, 2 numbers -- Court Orders number 39745 and 39747. They 3 all look to be in order, and I make the motion to 4 approve. 5 COMMISSIONER BELEW: Second. 6 JUDGE KELLY: Motion and second to approve 7 the court orders as presented. Any discussion? Those 8 in favor say aye. Opposed? Unanimous. 9 Moving right along. Item 3.1 status reports 10 from department heads. Mr. Motheral. 11 MR. MOTHERAL: Good morning, gentlemen. I 12 have been asked by Hill Country Telephone and the City 13 of Kerrville to place a temporary antenna on our mast at 14 the AG barn. And that's kind of a reciprocal of what 15 the City does for us because we have a tower -- we have 16 radio antennas on their water towers. 17 COMMISSIONER BELEW: You said temporary? 18 MR. MOTHERAL: Yeah. Until they can get a 19 fiber built out. 20 COMMISSIONER LETZ: Fine. 21 MR. MOTHERAL: Thanks. 22 JUDGE KELLY: We don't need to take any 23 action on that? 24 MR. MOTHERAL: No, you don't. I just wanted 25 to make sure you're aware. 44 1 JUDGE KELLY: Any other department heads? 2 MR. EVANS: Yes, sir. Good morning, 3 gentlemen. I'd just like to give you an update on -- 4 JUDGE KELLY: Identify yourself so the 5 public knows who you are. 6 MR. EVANS: I'm Shane Evans. Kerr County 7 Maintenance Director. And give you an update on the 8 sidewalks on the Jefferson side of the courthouse. 9 Commissioner Harris and myself walked that. And we took 10 a look at it and walked all the way around it. Mainly 11 it's just the Jefferson side that really needs the 12 repair work. And I have one bid so far. 13 To replace that whole stretch, which is 14 about two hundred feet, they gave a quote of 28,000. 15 And to take sections out and repair where it's cracked 16 or broken up was 10,000. So, I mean, I currently have 17 the money to do that, for the $10,000.00, but more -- 18 more direction, do we want to replace that whole 19 sidewalk in the back, or do we want to just take out the 20 bad sections, repair what we have and go forward? 21 COMMISSIONER HARRIS: Harley, you remember, 22 -- I don't know, it's been a couple weeks. We were 23 talking about something to do with the sidewalks and I 24 made a comment to you that -- you know, you said it was 25 the City's and I said, well, until it comes to repairs 45 1 and then it's the County's. 2 COMMISSIONER BELEW: Yeah. 3 COMMISSIONER HARRIS: But that's the case. 4 We -- Shane and I did look at this. And again, like you 5 said, to replace the whole thing, everything will look 6 uniform. If we do it in sections, it's not going to 7 look uniform but it's going to be sufficient. And it's 8 my recommendation that we go with the patchwork. 9 MRS. STEBBINS: So you'll get it on another 10 agenda coming up -- 11 COMMISSIONER HARRIS: Of course we -- 12 MRS. STEBBINS: -- so the Court could 13 decide? 14 COMMISSIONER HARRIS: -- would. 15 MRS. STEBBINS: Thank you. 16 COMMISSIONER BELEW: Is this the same group 17 that did the sidewalk out here? 18 MR. EVANS: No, sir, it's a different group. 19 COMMISSIONER BELEW: Somebody different. 20 MR. EVANS: A local contractor. 21 COMMISSIONER LETZ: I'll make a comment that 22 I hate to spend additional money but this is another 23 patch, which we've been criticized in bond issue for 24 patching things all the time and not fixing them. Just 25 a comment. 46 1 COMMISSIONER HARRIS: Yeah. And that would 2 fall under the hole -- 3 COMMISSIONER BELEW: And we don't have to 4 get bids, but we could get other prices? 5 MR. EVANS: Yes, sir, we could. Like I 6 said, even if it's 28,000, we don't have to go out for, 7 you know, an RFP or something like that. 8 COMMISSIONER LETZ: Yeah. The price seems 9 pretty reasonable. 10 COMMISSIONER HARRIS: And I reached out to 11 somebody I know and they said thanks but no thanks. 12 They were busy enough. So it's -- 13 COMMISSIONER BELEW: That's not a big job. 14 COMMISSIONER HARRIS: Yeah. Exactly. 15 COMMISSIONER LETZ: Anyway -- 16 JUDGE KELLY: We'll see that on a future 17 agenda item. 18 MR. EVANS: Thank you. 19 JUDGE KELLY: Okay. Thank you, Shane. 20 MR. EVANS: You're welcome. 21 JUDGE KELLY: Any other department heads? 22 MR. HASTINGS: Charlie Hastings. County 23 Engineer. I sent an e-mail out over the weekend to the 24 Court and also to our legal staff. We've been in to the 25 new subdivision regulations for a few days and we found 47 1 something that was missing. And we knew that this would 2 happen eventually. I'm proposing the way to fix that 3 and moving forward any little tweaks that need to happen 4 and so that we're not waiting for ten more years and 5 we're not reinventing the wheel, is simply to have an 6 errata page that is updated from time to time as needed 7 by the Court through the Court order. 8 And on that errata page it can be the second 9 page in the document of the subdivision regulation to 10 fix these kind of things. 11 COMMISSIONER LETZ: Is that the common way 12 in industry? 13 MR. HASTINGS: I've seen it in engineering, 14 yes, sir. I did propose that to legal staff. We 15 haven't had a chance to discuss it yet to see if that is 16 the appropriate way. There may be a better way. I'm 17 waiting to find out. But I wanted to bring that to the 18 Court's attention, so that perhaps we could have this 19 item on the next agenda on the 23rd if it's ready. If 20 not, maybe the one after that. But sometime soon. And 21 then moving forward that would be how we could make 22 little minor adjustments and tweaks or typo corrections. 23 COMMISSIONER BELEW: So, Charlie, will that 24 redirect somebody to the errata page or is it going to 25 be in there and denoted that it -- when it was changed 48 1 and so on? How will it appear to the general public? 2 MR. HASTINGS: If you open up the 3 Subdivision Regulations, it would be one of the pages up 4 front that says, hey, here's the errata, here's the 5 thing that's wrong, and here's what is the correction. 6 COMMISSIONER BELEW: But not in the place 7 where we missed it? It's not going to be inserted 8 there? 9 MR. HASTINGS: If you insert it then it -- 10 all the page numbers are off. And so it's probably 11 better to do it as an errata page for now, until such 12 time that you have so much that you feel like you need 13 to update your whole subdivision regs. 14 JUDGE KELLY: Basically it's just an 15 addendum. 16 MR. HASTINGS: Yeah. 17 COMMISSIONER HARRIS: Yeah. Sure. 18 JUDGE KELLY: And when we give out copies of 19 the subdivision rules, it'll be included with the 20 subdivision rules? 21 MR. HASTINGS: Yes. 22 JUDGE KELLY: And be posted on the website? 23 MR. HASTINGS: Yes. 24 COMMISSIONER BELEW: Clear and 25 understandable is the main thing. 49 1 JUDGE KELLY: Just like any contract. 2 You've got to look at the end to make sure there's no 3 attachments or addendums. But that's what I would see 4 in terms of how we tweak our rules going forward. We 5 just put them on at the end. However -- whatever the 6 proper -- whether you do an errata or whether you do an 7 addendum, whatever, but it has to be there. 8 MR. HASTINGS: Yes, sir. 9 JUDGE KELLY: But we don't -- we don't go in 10 at this point and start renumbering pages. We try to 11 keep that uniform. 12 COMMISSIONER HARRIS: Yeah. 13 JUDGE KELLY: And these are just reports 14 from department heads. And it's very helpful for us to 15 know what's going on out there so we all know what to 16 expect on the future agenda. So we appreciate all those 17 reports. 18 Item 3.2 are status reports from elected 19 officials. We've got a few in the room. Sheriff. 20 SHERIFF LEITHA: Yeah. Yeah, I just wanted 21 to take this time and kind of update the Court, and 22 especially the public and you, Commissioner Pace, being 23 new on the board, on a couple things. I just want to 24 say how proud I am of my administration. It also 25 includes Noel and in part on these grants and my Kerr 50 1 County Sheriff's Foundation. We raised $1.3 million in 2 less than two years and I'm pretty proud of that. That 3 comes from just a recap of the body worn camera grant, 4 $74,660.00. Ballistic shield, $152,360.00. Operation 5 Lone Star, $660,180.00. Foundation year one raised 6 75,000.00. This past year raised $337,000.00. 7 You know, I campaigned that there's a lot of 8 money out there, we're going to go find it. That's what 9 we've done. That's just part of it. That doesn't 10 include the training I've been able to bring here. You 11 know, we don't monitor and track that from other 12 agencies. But there's a lot of money out there. We're 13 continuing to go get it. 14 When I say this is -- this falls under our 15 wants, okay. You know, I know when it gets to budget 16 time we've got needs and wants. I come to y'all with 17 needs. Stuff we have to have to operate. You know, the 18 radios. The body worn cameras. We gotta have that 19 stuff to do our job. 20 These other things, the Bear Cat, that's 21 going to be a game changer. You know, that's a 300 plus 22 thousand dollar item that, you know, yes, can we operate 23 without it, yes. But it's going to be a game changer to 24 be able to do our job and feel more safe and better. 25 But I just wanted to share that with you all and the 51 1 public. You know, I think that's pretty good for less 2 than two years. 3 JUDGE KELLY: Very good. 4 COMMISSIONER BELEW: Well done. 5 JUDGE KELLY: Okay. Then we'll move on to 6 Item 3.2 elected officials. Okay. Then Item 3.3 7 status reports from Liaison Commissioners. Anything to 8 report? 9 COMMISSIONER PACES: Yeah, I'll make one 10 report. I attended the KARFA meeting, which is the Kerr 11 Area Rural Fire Association. And Commissioner Belew was 12 also there. This is a meeting amongst the volunteer 13 fire department chiefs. There's one Kerrville Chief, 14 Eric Malone, he also attended. 15 And there was a lot of discussion about the 16 first responder program and there are issues that impair 17 the effectiveness of that program, such as the proposed 18 encryption of radio transmissions because a lot of first 19 responders monitor the radio. And if it's encrypted, 20 you won't be able to, and response time would be greatly 21 slowed. 22 And the other one is the need for liability 23 coverage for any of our local EMTs who might respond to 24 a call and be first on scene and render first-aid and 25 who knows if that goes bad or not, but you can 52 1 understand the liability concerns of those individuals. 2 So we'll see how it plays out, but I just wanted to keep 3 the Court informed. That's it. 4 JUDGE KELLY: Any other reports? 5 Okay. Well, why don't we take about a five 6 minute break. We'll come back at 10 o'clock and we have 7 three public meetings. 8 (Recess.) 9 JUDGE KELLY: Come back to order. Let's go 10 to -- 11 COMMISSIONER LETZ: Late bills? 12 JUDGE KELLY: Huh? We need to do late bills 13 now? 14 COMMISSIONER BELEW: Yeah. She's coming. 15 JUDGE KELLY: Okay. Let's do the late 16 bills. That's Item 2.3. 17 MRS. SHELTON: Invoices for late bills 18 amount to $58,912.32. 19 COMMISSIONER BELEW: Move for approval. 20 Paying the late bills. 21 COMMISSIONER LETZ: Second. 22 JUDGE KELLY: A motion and a second to 23 approve the late bills. Pay them as presented. Any 24 discussion? 25 COMMISSIONER LETZ: Might know that most of 53 1 them are from City of Kerrville so maybe we should 2 reconsider. 3 (Laughter.) 4 COMMISSIONER LETZ: These are utility -- 5 they're utility bills. 6 MRS. SHELTON: Oh, okay. 7 JUDGE KELLY: Very well. Then those in 8 favor sigh aye. Opposed? Unanimous. Thank you. 9 MRS. SHELTON: Thank you. 10 JUDGE KELLY: We have a series of public 11 meetings that have been set this morning at 10 o'clock. 12 And the first one is Item 1.10, which is a public 13 meeting for the revision of plat for Hidden Valley Ranch 14 Section One, Tracts 5 and 6. 15 I'll convene the public meeting. Is there 16 anybody who would like to address the Court at this 17 time? There being no one, then we will adjourn the 18 public meeting and move on to the next public meeting 19 which is Item 1.11, which is a public hearing for a 20 revision of plat for Heavenly Acres, Tract 5. 21 Anyone here to address the Court on that? 22 There being no one, the meeting is adjourned. 23 And we'll move on to the third public 24 hearing, which is Item 1.12, which is a public hearing 25 for revision of plat for Hill Country Ranch Estates 54 1 Tracts 11 and 12. Anyone to address the Court? Very 2 well. Then we'll adjourn that meeting. 3 And move on to consideration Item No. 1.13 4 consider, discuss and take appropriate action for the 5 Court to approve a revision of plat for Hill Country 6 Ranch Estates Tracts 11 and 12. Mr. Hastings. 7 MR. HASTINGS: Thank you, Judge. This 8 proposal revises and combines Tracts 11 and 12, five 9 acres each, into Tract 12R, 10 acres. The road frontage 10 remains on Green Oak Drive. 11 And based on Headwaters Groundwater 12 Conservation District East Kerr Management Zone, the 13 minimum lot size is 7 acres. So they're doing the right 14 thing. 15 The County Engineer requests the Court 16 approve a revision of plat for Hill Country Ranch 17 Estates Tract 11 through 12, Volume 3, Page 5, Precinct 18 3. 19 COMMISSIONER LETZ: Move for approval. 20 COMMISSIONER HARRIS: Second. 21 JUDGE KELLY: Got a motion and a second to 22 approve the revision of plat for Hill Country Ranch 23 Estates, Tracts 11 and 12. Any discussion? Those in 24 favor say aye. Those opposed? Unanimous. 25 Move on to Item 1.14 consider, discuss and 55 1 take appropriate action for the Court to approve a 2 revision of plat for Scenic Valley Springs Phase 2, 3 Lot 2. Mr. Hastings. 4 MR. HASTINGS: This proposal divides Lot 2, 5 currently 10.16 acres, into two lots. Each lot will be 6 5.08 acres fronting on Scenic Valley Road. This 7 proposed revision was brought before the Court on 8 September the 12th, 2022 and a public hearing was held 9 on October the 24th, 2022. 10 These lots are located in Kerrville's ETJ. 11 Since both lots are over 5 acres, this proposal will be 12 exempted from platting through the City of Kerrville. 13 It's only going to be platted through Kerr County. 14 County Engineer requests the Court approve a 15 revision of plat for Scenic Valley Springs Phase 2, 16 Lot 2, Plat file No. 15-03674, Precinct 1. 17 COMMISSIONER BELEW: Move for approval. 18 COMMISSIONER PACES: Second. 19 JUDGE KELLY: Got a motion and a second to 20 approve the revision of plat for Scenic Valley Springs, 21 Phase 2, Lot 2. Any discussion? Those in favor say 22 aye. Opposed? Unanimous. 23 Item 1.15 consider, discuss and take 24 appropriate action for the Court to set a public hearing 25 for 10:00 a.m. on February 13th, 2023, for a revision of 56 1 plat for Verde Creek Estates, Lots 6 and 7. 2 MR. HASTINGS: This proposal revises and 3 combines Lot 6, from 0.932 acres as platted, and Lot 7, 4 0.887 acres as platted, into Lot 6R, 1.81 acres. The 5 road frontage remains on River View Drive. I think I 6 have Mr. Voelkel here to address -- this is one that 7 they were going to add in an additional tract? 8 MR. VOELKEL: Yes, sir. 9 MR. HASTINGS: Is that right? 10 MR. VOELKEL: Yes. That tract. 11 MR. HASTINGS: Okay. So we'd like to amend 12 this by also including a 0.43 acre tract -- 13 MR. VOELKEL: Yes, sir. 14 MR. HASTINGS: -- as part of Lot 5 is also 15 part of this lot. So there -- it's actually going -- 16 instead of becoming 1.81 acres, do we know what the 17 total will be? 18 MR. VOELKEL: Two point something. 19 MR. HASTINGS: A little over 2 acres. We 20 can get to the details later. But right now we're 21 asking you to set a public hearing. This lot is 22 partially in the floodplain. It must meet regulations 23 for development in the floodplain. It's going to be -- 24 it's on the Texas Water Utilities. It's on public 25 water. It's on the Kendall County WCID #1 sewer 57 1 project, so it's a centralized sewer system that's 2 serving this lot. It's a public water system serving 3 this lot. And there's no roads proposed. Everything is 4 existing. Just combining the lots. 5 County Engineer requests the Court set a 6 public hearing for 10:00 a.m. on February 13th, 2023 for 7 a revision of plat for Verde Creek Estates, Lots -- 8 half of Lot 5, Lot 6, Lot 7, volume 3, Page 99, Precinct 9 2. 10 COMMISSIONER PACES: Move for approval. 11 COMMISSIONER LETZ: Second. 12 JUDGE KELLY: We've got a motion and a 13 second to approve setting a public hearing for 14 February 13th for Verde Creek Estates as presented. Any 15 discussion? Those in favor say aye. Opposed? 16 Unanimous. 17 Item 1.16 consider, discuss and take 18 appropriate action for the Court to approve the final 19 plat for 4L Estates. Precinct 4. Mr. Hastings. 20 MR. HASTINGS: This property consists of 21 10.4 acres and is being divided into Lot 1, 5.39 acres, 22 and Lot 2, 5.01 acres. Road frontage is on the recent 23 relocated Stewart Junkin Road. Said road has been 24 relocated as noted on the plat by referencing Court 25 Order No. 39708, which abandoned, vacated and 58 1 discontinued a portion of Stewart Junkin Road, and Court 2 Order No. 39709, which accepted the relocated Stewart 3 Junkin Road. 4 These lots are in the floodplain and must 5 meet regulations for development in the floodplain. 6 County Engineer requests the Court approve a 7 final plat for 4L Estates. Precinct 4. 8 COMMISSIONER HARRIS: I move for approval. 9 COMMISSIONER BELEW: Second. 10 JUDGE KELLY: Got a motion and a second to 11 approve final plat approval for 4L Estates. Any 12 discussion? Those in favor say aye. Opposed? 13 Unanimous. 14 Okay. That brings us to the end of our 15 regular agenda. We do have an Executive Session. I 16 think we're going to do what, 4.4 (a)? Is that it? 17 MRS. STEBBINS: Yes, sir. And you'll need 18 to take a vote. 19 JUDGE KELLY: And I've got an Opinion from 20 the attorney that this is contract negotiations and 21 therefore should be conducted in Executive Session. And 22 I have that Opinion here. And so if there's a motion 23 for us to go into Executive Session? 24 MRS. STEBBINS: The motion should be that 25 deliberations in open -- or the vote should be that 59 1 deliberations in open session would interfere with 2 your -- 3 COMMISSIONER BELEW: Negotiation. 4 MRS. STEBBINS: -- negotiation ability. 5 Yes, thank you. And you'll need to state it. 6 COMMISSIONER LETZ: I so move. 7 JUDGE KELLY: Got a motion. 8 COMMISSIONER BELEW: Second. 9 JUDGE KELLY: Those in favor say aye. 10 Opposed? Unanimous. 11 Okay. So at this time Court will adjourn 12 into Executive Session. 13 (Executive Session.) 14 JUDGE KELLY: Okay. It is 10:26, we're 15 coming out of Executive Session. I don't think we have 16 any action items at this time. But we do intend to 17 proceed forward and working with Peter Lewis on the 18 remodeling downstairs. 19 So with that, we have nothing else, so we're 20 adjourned. 21 * * * * * * 22 23 24 25 60 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 20th day of January, A.D. 10 2023. 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