1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Regular Session 5 Monday, July 10, 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. 4 4 *** Commissioners' Comments. 6 5 1.1 Consider, discuss and take appropriate 10 action to approve traffic control plans for 6 the Kerrville Triathlon being held on Sunday, September 24, 2023. 7 1.2 Passed. 8 1.3 Consider, discuss and take appropriate 18 9 action to ratify the Hazard Mitigation Grant Program (HMGP) application for DR-4705 to 10 the Texas Division of Emergency Management (TDEM) as a back-up source of funding for the 11 County Hazard Mitigation Plan Update. 12 1.4 Consider, discuss and take appropriate 23 action to approve an equipment donation of 13 14 Wilcox night vision helmet mounts for the | Kerr County Sheriff's Foundation to the Kerr 14 County Sheriff's Office. 15 1.5 Consider, discuss and take appropriate 24 action to approve the Interlocal Agreement 16 between the Regional Public Defender Office Local Government Corporation (RPDO) and Kerr 17 County to represent indigent capital murder defendants. 18 1.6 Consider, discuss and take appropriate 27 19 action to approve the Interlocal Agreement and the First Amendment to the Interlocal 20 Agreement between the Hill Country Regional Public Defender's Office (HCRPDO) and the 21 Texas Counties of Bandera, Gillespie, Kendall, Kerr and Medina. 22 1.11 Consider, discuss and take appropriate 31 23 action to approve contract with the Terralogic Document Systems to do records preservation of 24 CD Images Indexing of civil documents, turn key file conversion to be imported into Tyler 25 Odyssey. Project start date will be October 1, 2023. 3 1 I-N-D-E-X 2 NO. PAGE 3 2.1 Budget Amendments. 34 4 2.2 Pay Bills. 35 5 2.4 Auditor reports. 35 6 2.5 Accept Monthly Reports. 37 7 2.6 Court Orders. 38 8 3.1 Status reports from Department Heads. 39 9 3.2 Status reports from Elected Officials. 41 10 3.3 Status reports from Liaison Commissioners. 45 11 1.7 Consider, discuss and take appropriate 47 action regarding a final plat for Buck 12 Subdivision. 13 1.8 Consider, discuss and take appropriate 49 action regarding an amending plat for G & H 14 Acres Lots 1 and 2. 15 1.9 Consider, discuss, and take appropriate 50 action to pass a resolution reciting the fact 16 of noncompliance and failure to secure Final Plat approval for a 7.31 acre, three-lot 17 subdivision located at 154 Greenwood Drive in Comfort, Texas and file such Resolution in the 18 Deed Records of Kerr County until final compliance is attained. 19 2.4 Auditor Reports. 59 20 1.10 Public Hearing to present the County Clerk's 59 21 Annual Record Archival Plan in accordance with Local Government Code 118.025(g). 22 *** Adjournment. 61 23 *** Reporter's Certificate. 62 24 * * * * * * 25 4 1 JUDGE KELLY: Court will come to order. It 2 is Monday, July the 10th, 2023. It's 9:00 o'clock in 3 the morning and Kerr County Commissioners' Court is now 4 in session. If you would, please rise for the prayer 5 and the pledge, which will be led by Commissioner Letz. 6 (Prayer and Pledge.) 7 JUDGE KELLY: Please be seated. I want to 8 remind everyone to please turn your phones off or to 9 vibrate so we don't interrupt the proceedings. Our 10 first item of business is public input, and this is an 11 opportunity for us to hear what the public wants to 12 provide to us. And I know we've got one person that has 13 signed up to speak. We ask that you limit your remarks 14 to three minutes. And so with that, I'm going to go 15 ahead and call George Baroody to the podium. 16 MR. BAROODY: I'm George Baroody, 1616 Glenn 17 Road. I assume you can figure out what I'm here to talk 18 about, 'cuz it's like the Court is carrying on a 19 dialogue with the public through the newspaper, which is 20 a little annoying, but that's all right. The -- so -- 21 and it's kind of like this, I keep on asking questions. 22 And I'm seeing something like, you know, it's kind of 23 kin to saying the sky is blue and then I hear a response 24 from basically the Judge saying no, the grass is green. 25 Okay. That's great, but I wasn't asking about that. 5 1 So the issue at hand is really number one, 2 the last article that was out there, read as if it was 3 coming from the Court being told from the public 4 relations, I'm assuming, because it looked like it, that 5 it really was only coming from one of you and I'm not 6 sure that that's the way it's supposed to work, that one 7 of you represents the Court's view. Unless y'all 8 approved it. I looked through the minutes. I didn't 9 see where you guys approved it and put out a statement 10 about it. But that's beside the point, I guess. 11 So the issue is not so much one case, but 12 you guys brought up election integrity at a, you know, 13 possibly a workshop, and the Judge was heard to say he'd 14 rather it not be an official proceeding. Well, he got 15 right in front of you and the election has occurred in 16 2020 where 6500 people voted in Precinct 1. And through 17 actions that I'm still not sure -- I don't -- I 18 understand the actions trying to be taken, but I don't 19 understand why the defense of these voters has not taken 20 place as well. 21 Because what's going to happen is 6500 22 voters are going to be disenfranchished for the purpose 23 of one person to replace that elected official. And not 24 to litigate the case, which is what appears to be 25 happening in that last article, I don't understand why 6 1 this Court is trying to prosecute a case that they claim 2 to not have any standing in. And I'm sorry, but that's 3 what that last article looked like. 4 So I ask again, was the election in 2020 a 5 valid election? I believe it was. I don't think 6 anybody has disputed that. Did this Court certify the 7 election by canvassing the vote? Of course they did. 8 They did that on November 16th, 2020. So my question 9 is, what is it that allows anybody to invalidate that 10 election and those voters' votes? And I guess I'll take 11 my response in the next newspaper article. Thank you. 12 JUDGE KELLY: Any other public input? Let's 13 move on to Commissioners' Comments. Precinct 1. 14 COMMISSIONER BELEW: It was a week of 15 celebration of our great nation last week, and it was a 16 full week of it. And a lot of fun. I'm just going to 17 try to talk as long as you do, Rich. 18 MR. PACES: I know. You better keep going. 19 COMMISSIONER BELEW: No, go ahead. 20 COMMISSIONER PACES: All right. Well, 21 there's no burn ban for Precinct 2 at this point. I did 22 attend the monthly meeting with D Guerra and Tetra Tech 23 on our Center Point sewer project. And while progress 24 is being made, there's still numerous outstanding issues 25 and a lot of work remaining. A hookup of power and 7 1 commissioning of Lift Station H has been held up quite a 2 bit and that's causing a problem for those along State 3 Highway 27. What people should be aware of, though, is 4 Phase 2 of that project, which is a D Guerra contract, 5 is 241 days overdue towards their substantial completion 6 milestone. Phase 3 is 392 days overdue. Now, there are 7 penalties associated with being overdue on those 8 contracts, so we're working as hard as we can to close 9 this thing out and I would hope that D Guerra would be 10 as well. But that's a whole other issue. 11 Just a little update on road reconstruction 12 in Precinct 2. Road & Bridge Department has done a 13 fantastic job. They've got one coat of chip seal on 14 Skyline Drive. That's part of that road reconstruction 15 that was approved in the budget. They should be putting 16 the second and final chip seal coat on this week. 17 Brannan Paving, who was awarded the contract 18 to reconstruct Robertson Road, should start this week as 19 well. 20 Center Point Volunteer Fire Department had a 21 very successful barbecue fundraiser on Saturday. Over 22 800 meal tickets sold. And I'll also point out that the 23 Down Home Country Parade was one of the best ever and 24 well attended. So a lot of people put a lot of time and 25 effort into that community spirit. 8 1 A reminder that Tuesday night, tomorrow 2 night, we have the Sheriff's town hall meeting on human 3 smuggling at the Hill Country Youth Event Center 4 starting at 6:00 p.m. 5 Let's see. I also met with TxDOT, their 6 area engineer, on Wednesday, the 28th, to review our 7 Precinct 2 projects. That was very good to have some 8 clarification on a few things and we even got some of 9 the public involved in providing those clarifications. 10 I'll give a lot more detail on those TxDOT projects in 11 my town hall meeting on July 18th. That's at 6:00 p.m. 12 at the Center Point Elementary School cafeteria. 13 And, of course, I'm also working very hard 14 on the pending election integrity public meeting or 15 workshop, whatever we want to call it, that's to be held 16 August 22nd. And we're going to have an all star cast 17 of presenters. So getting a lot of great response that 18 way. And I'll leave it there. 19 JUDGE KELLY: Three. 20 COMMISSIONER LETZ: Go back to Harley, I 21 just have a few comments. Great 4th of July 22 celebration. Lots of events all over. City of 23 Kerrville's day and night of events was very, very good. 24 And Comfort had a good parade and barbecues in the park 25 as well. So a lot going on last week and it was a lot 9 1 of fun. 2 COMMISSIONER HARRIS: Yeah. I'll second 3 that. The 4th of July was great celebrations 4 everywhere. One thing I want to point out and it was 5 last week, and it's over, but Aqua Texas did have a boil 6 water notice for portions of Ingram, on the 5th of July 7 and it was lifted on the 7th. And that was -- that's 8 due to pump repairs in that area. So it's come and gone 9 and I don't think it was a big deal, but they did put it 10 out on notice. Just being careful. 11 Again, it's getting dry guys, so watch out. 12 You burn -- you know, we -- the burn ban is still lifted 13 for us, but be careful if you're out there planning on 14 burning. And please, please, let the VFD, your 15 Volunteer Fire Department know, as well as the Sheriff's 16 office if you -- if anybody's planning on burning 17 anywhere. All right? That's all I got. 18 JUDGE KELLY: Okay. The only thing that I 19 would add is that because the Open Meeting Act requires 20 that we be all present in the public and posted meetings 21 for us to be able to visit, I wanted to advise the Court 22 and the public that I am seriously considering voting 23 against the budget. I want to meet with the Auditor and 24 review some of these matters, but I feel like we've 25 gotten potentially out of hand on this thing. 10 1 We've gone from a 50 million to a 56 million 2 and still haven't heard from the Sheriff's office on the 3 exact numbers that he's asking for. I don't know what 4 the tax rate increase is going to be, but I am very 5 concerned, and expressing my concern publicly and to the 6 Court that we may need to work harder on this budget. 7 So, with that we'll move on to the 8 Consideration Agenda, which is item 1.1 consider, 9 discuss and take appropriate action to approve traffic 10 control plans for the Kerrville Triathlon being held on 11 Sunday, September 24th. Dan Carroll. 12 I knew it was that slender guy sitting for 13 the triathlon. 14 MR. CARROLL: Good morning. Oh, yeah. I 15 don't think I've been here since 2010. But just a quick 16 refresher for people that are not familiar with the 17 event. The Kerrville Triathlon takes place annually and 18 has every year since 2011. The final weekend in 19 September. It's a two-day triathlon festival that 20 brings in almost 2,000 people to the City of Kerrville 21 that takes place at the Inn of the Hills and at Louise 22 Hays Park. 23 There's races on Saturday morning and on 24 Sunday morning. The race on Sunday morning is a much 25 considerably longer race, it's a half iron man, which 11 1 requires 56 miles of cycling, and that portion of the 2 event uses county roads that stretch all the way down 3 beyond Center Point, going down Highway 27, and then 4 coming back through Center Point on Skyline Drive, and 5 on Center Point River Road and Wharton Road. 6 Every year that we have had the event we've 7 closed off Sutherland Lane between Highway 27 and Center 8 Point. I've worked with the Martin Marietta plant there 9 to make sure that that's still acceptable to them. They 10 have no operations on Sunday when we would do that. 11 And as we've noticed with a lot of things in 12 Kerr County, as growth and popularity in the area has 13 continued to grow, so has traffic on Sunday mornings. 14 And I had comments from our own staff who were out 15 there, as well as law enforcement from the Sheriff's 16 Office and the Kerrville Police Department, that traffic 17 on Wharton Road and Center Point Road was getting to the 18 point that it was dangerous. 19 And so this year we would like to request 20 that we put up signs on either end of Wharton Road, 21 between Center Point and Highway 173, that really 22 discourage motorists from using that as a cut-through 23 while the event is taking place. So the sign would say, 24 "Road Closed to Through Traffic, Local Vehicle Traffic 25 Only." The road would be partially barricaded as 12 1 bicycles do need to go through there, and anyone that 2 had to get to their driveway or residence, or do 3 business along Wharton Road would still be able to do 4 so, but we're trying to discourage people from driving 5 through there while the event was taking place, and that 6 would be a Sunday morning from roughly 6:00 a.m. to 7 noon. 8 We do have a traffic control plan that is 9 approved by TxDOT. It is reviewed by the Sheriff's 10 Department and Kerr County, Charlie Hastings, Director 11 of Public Works, and also the City of Kerrville. And so 12 if I have the permission from the County Court, which 13 we're requesting to put up that sign and to continue to 14 close Sutherland Lane during the event, and that's -- 15 those elements would be included in the traffic control 16 plan and reviewed by TxDOT engineers. 17 COMMISSIONER LETZ: The question I have is 18 relates to exactly the section you're talking about. 19 You say Wharton Road between Center Point and River Road 20 and State Highway 173. That's a very small -- that's a 21 segment -- I mean, where do you want -- do you have a 22 drawing or anything of what you want closed? I think 23 what you really want closed is River Road and Wharton 24 Road, or part of River Road and Wharton Road. 25 MR. CARROLL: Yeah. I mean, ideally we'd 13 1 like to close River Road, but I don't really know how it 2 would go over too well, especially with the RV park back 3 there. So what we're going to do this year is we're 4 going to try to send out postcards and contact the RV 5 park directly to try to discourage people from arriving 6 or departing their residence at that time and tell them 7 to make alternative plans. And we do that at a lot of 8 other events and that generally works really well. 9 Closing those roads, I think, could have some pretty 10 negative effects to some people. 11 COMMISSIONER LETZ: Well, I agree to not 12 close it but you're talking about really going down 13 Sutherland, then going along River Road to Wharton Road, 14 and then around Wharton Road to 173? 15 MR. CARROLL: Yeah. I -- I have maps if 16 you'd like me to hand them out. 17 COMMISSIONER LETZ: Yeah. Just to know 18 exactly. 19 MR. CARROLL: Yeah. So this has some 20 general information about the event. And then the 21 second page has a map of the actual bike course. 22 MRS. DOWDY: Do you want me to pass them 23 down? 24 MR. CARROLL: Sure. And Sutherland Road, 25 the reason why we closed that is it's out back so we'll 14 1 have bicycles going in both directions and we need to do 2 that to get the exact distance for the bicycle race. On 3 River Road, we're only going one direction. And, you 4 know, for ten years it really hasn't been much of an 5 issue, but last year we had a lot more traffic than 6 normal. We don't know exactly why that was occurring. 7 I think there were several people that were departing 8 the RV resort with their RVs which, as you can imagine a 9 big RV taking up one side of the road doesn't leave a 10 whole lot of space on River Road. So we really just 11 want to discourage motorists from using those roads 12 while the event is going on versus actually shutting 13 them down a hundred percent. 14 COMMISSIONER LETZ: So the only road that's 15 going to be actually closed is Sutherland? 16 MR. CARROLL: Yeah. Sutherland has been 17 closed every year since 2011. 18 COMMISSIONER LETZ: Okay. 19 MR. CARROLL: The new request is for Wharton 20 Road between 173 and Center Point River Road. 21 COMMISSIONER LETZ: Okay. 22 MR. CARROLL: And again, it wouldn't be a 23 full barricade. Like Sutherland is a full barricade at 24 27. So you -- you would have to physically move a 25 barricade to be able to drive in there. I think, you 15 1 know, we make a little accommodation for Hill Country 2 Septic there to be able to get in and out of their 3 business, especially since they're providing for the 4 event. 5 But on Wharton Road, we would just stick a 6 barricade where it would make it difficult for someone 7 to drive down that without realizing they're going into 8 an event area and try to discourage them from doing so 9 and take an alternative route. 10 COMMISSIONER BELEW: Do you have somebody 11 directing traffic? 12 MR. CARROLL: Yes. 13 COMMISSIONER BELEW: Do you have people 14 there? 15 MR. CARROLL: On Highway 173 and Wharton 16 Road, we have a deputy from the Kerr County Sheriff's 17 office. At Wharton Road and 173, we do not typically 18 have a deputy there. But that's something I'll discuss 19 with -- with the Sheriff's Department to see if we want 20 to do that. But typically this event stresses the law 21 enforcement in this area pretty good. And we use almost 22 every available law enforcement officer. 23 COMMISSIONER BELEW: But you don't bring any 24 of your own? 25 MR. CARROLL: Any of our own officers? 16 1 COMMISSIONER BELEW: No, not officers. 2 Somebody that helps with traffic? 3 MR. CARROLL: Oh, absolutely. Yeah. 4 COMMISSIONER BELEW: Okay. 5 MR. CARROLL: We have a full staff out on 6 the bike course and all that. 7 COMMISSIONER BELEW: Okay. Good. 8 MR. CARROLL: And we hire a professional 9 traffic control company to set all the barricades and 10 cones, so those are all set by a licensed company. 11 COMMISSIONER PACES: Dan, just one final 12 question. What's the duration of the road closure? 13 MR. CARROLL: It would be -- the first 14 cyclists won't even get to Center Point probably until 15 about 8:15 a.m. So typically we start closing the roads 16 as early as 4:00 a.m., but usually the Sheriff arrives 17 down there around 7:30 and it would go no later than 18 12:30. 19 The one caveat would be, is we do have in 20 our safety plans a contingency for bad weather. So if 21 we have a lightning storm or something in the morning 22 and we thought it was going to pass through pretty 23 quickly, we would allow the event to be delayed up to 24 one hour, which would then push back the timelines. But 25 that word would get out through the Sheriff's Department 17 1 very quickly once we made that decision. 2 COMMISSIONER PACES: Okay. 3 COMMISSIONER LETZ: I'll make a motion -- 4 I'll make a motion to approve the agenda request, which 5 is to limit traffic on Wharton Road from 173 to Center 6 Point River Road and close Sutherland. 7 COMMISSIONER PACES: I'll second. 8 MRS. DOWDY: So that was -- I just need road 9 names and I can go back and review. You said Wharton -- 10 COMMISSIONER PACES: Just say approve the 11 traffic control plan as presented. 12 COMMISSIONER LETZ: And that's fine. I'll 13 amend my motion to say that. 14 MRS. DOWDY: Okay. All right. 15 JUDGE KELLY: We have a motion and a second. 16 Any discussion? 17 COMMISSIONER LETZ: The clarification is you 18 have Sutherland misspelled. It's U-T-H, not S-O-U-T-H. 19 MR. CARROLL: Oh. 20 COMMISSIONER LETZ: Just so we don't confuse 21 the -- 22 MR. CARROLL: That's my map maker. Sorry. 23 JUDGE KELLY: Any discussion? Those in 24 favor say aye. Opposed? Motion carries. 25 MR. CARROLL: Thank you. 18 1 JUDGE KELLY: Thank you. 2 Item 1.2 consider, discuss and take 3 appropriate action regarding a resolution approving 4 participation in the Airport Planning Study. Mary 5 Rohrer. 6 COMMISSIONER LETZ: I don't see Mary. 7 JUDGE KELLY: Okay. We'll pass on that one. 8 It's going to be a quick morning. 9 Item 1.3 -- 10 COMMISSIONER BELEW: Oh, I hate when you say 11 that. 12 COMMISSIONER LETZ: Yeah. 13 JUDGE KELLY: Item 1.3 consider, discuss and 14 take appropriate action to ratify the Hazard Mitigation 15 Grant Program application for DR-4705 to the Texas 16 Division of Emergency Management as a backup source of 17 funding for the County Hazard Mitigation Plan Update. 18 Miss Putnam and Mr. Thomas. 19 MR. THOMAS: Good morning, Judge. Good 20 morning, Commissioners. So several months ago, 21 nearly -- close to a year ago, we filed for a grant 22 through TDEM to have our Hazard Mitigation Plan redone. 23 It expires in December. Well, that -- that stream of 24 money, either the BRIC, the Building 25 Resilience in Communities, grant that we were trying to 19 1 get as well as the other grant, is taking extremely long 2 to get those -- to get that funding. Our plan expires 3 in December. 4 COMMISSIONER BELEW: Dub, can I interrupt 5 you for a second? 6 MR. THOMAS: Yes, sir. 7 COMMISSIONER BELEW: Did you have to rewrite 8 our plan in order to apply for this? 9 MR. THOMAS: No, sir. 10 COMMISSIONER BELEW: Okay. So they're not 11 dictating what we do? 12 MR. THOMAS: No. The grant is for 13 GrantWorks to do our plan, update our plan. Until 2015, 14 FEMA and TDEM would no longer accept COG plans. AACOG 15 had done our plans before. So we had to do our own. So 16 we applied again for a grant to have GrantWorks update 17 our plan, which expires in December. So the funding is 18 taking extremely long to get through FEMA. 19 In fact, I was told by the mitigation 20 coordinator at TDEM that for one of the grants that we 21 applied for, unless another jurisdiction turns down the 22 grant, we're probably not going to get it. So this 23 other DR-4705 mitigation funding came up, opened the 24 other day. 25 And what I wanted to do is I've talked to 20 1 the TDEM coordinator, as well as GrantWorks, that 2 basically I'm looking for a shotgun affect at this time. 3 Anywhere that we can get the money from to get that plan 4 done, is what I'm trying to do. So 4705 came open the 5 other day. We've got until November to apply, I think 6 is the deadline. And this one is actually a first-come 7 first-serve. So basically all GrantWorks is going to 8 have to do is take our application for the BRIC grant 9 that we applied for the first time and copy and paste it 10 over into the application for this one. 11 COMMISSIONER BELEW: And what does this give 12 us the money to do? 13 MR. THOMAS: To complete our hazard 14 mitigation plan. 15 JUDGE KELLY: Which we have to have done by 16 the end of the year. 17 MR. THOMAS: Yeah, we have to have it done 18 by the -- 19 COMMISSIONER BELEW: But what -- what I'm 20 asking specifically, what does it pay for? What is it 21 buying? 22 MR. THOMAS: It's basically for GrantWorks 23 to put together our mitigation plan, to update it, 24 the ten jurisdictions included in our mitigation plan, 25 there's County, City of Kerrville, UGRA, Schreiner 21 1 University, all the school districts, and Peterson 2 Regional. 3 COMMISSIONER BELEW: So is this a matter of 4 writing something or -- 5 MR. THOMAS: Yes. 6 COMMISSIONER BELEW: Okay. 7 MR. THOMAS: It's a big, thick plan. Yes, 8 sir. 9 COMMISSIONER BELEW: Okay. I just want 10 everybody to understand what -- what it is we're getting 11 for this. And we're getting a proposal. 12 MR. THOMAS: I'm sorry? 13 COMMISSIONER BELEW: We're getting a 14 proposal? 15 JUDGE KELLY: Yeah, we're applying for -- 16 COMMISSIONER BELEW: Right? 17 MR. THOMAS: Yes. 18 COMMISSIONER BELEW: Yeah. Okay. 19 MR. THOMAS: We're applying for -- we're 20 just -- we're just adding this DR-4705 funding to our 21 funding stream, and trying to get a shotgun effect. 22 Whichever one comes first, we'll take it and we'll deny 23 the other one, if we don't get those. 24 COMMISSIONER PACES: And Dub, what's the 25 amount of funding you're looking for? 22 1 MR. THOMAS: I believe it was $155,000 for 2 the plan. But you can do the 75/25 split for FEMA and 3 it comes down, I think for all ten jurisdictions to 4 split it equally, it was $3,800 apiece. 5 COMMISSIONER HARRIS: Noel, you got anything 6 to add? 7 MS. PUTNAM: No. He's got it. 8 MR. THOMAS: I hope. 9 COMMISSIONER HARRIS: I move for approval. 10 COMMISSIONER PACES: Second. 11 JUDGE KELLY: Got a motion and second to 12 approve the resolution. No, wait a minute. This is to 13 approve the mitigation grant -- the hazard mitigation 14 grant program application. Any discussion? Those in 15 favor say aye. Opposed? It carries. Thank you. 16 MR. THOMAS: Thank you, Judge. 17 JUDGE KELLY: Now, just by way of 18 information, they came to me about a week ago telling me 19 that this is all due by the end of the year and it was 20 kind a good news, bad news. Bad news is we got a short 21 period to get this done. Good news is we do have 22 opportunities to get it funded, so -- 23 MR. THOMAS: And I understand, Judge, even 24 though the plan expires in December these funds are 25 attached to those mitigation plans. If you do not have 23 1 a mitigation plan, you don't get mitigation funds. 2 However, our plan expires in December. Even though it 3 expires in December, both FEMA and TDEM have explained 4 that we are still eligible for mitigation funds. All we 5 have to do is when we apply, we just put in there we're 6 asking for an exception because our plan is -- is in 7 process. 8 JUDGE KELLY: But what we just did is 9 important to be able to keep that alive. 10 MR. THOMAS: To keep that alive. Yes, sir. 11 Thank y'all. 12 JUDGE KELLY: Thank you. 13 Item 1.4 consider, discuss and take 14 appropriate action to approve an equipment donation of 15 14 Wilcox night vision helmet mounts for the Kerr County 16 Sheriff's Foundation to the Kerr County Sheriff's 17 Office. Sheriff Leitha. 18 SHERIFF LEITHA: Yes. I'm just looking for 19 the Court's approval to be able to accept this from our 20 foundation, the Kerr County Sheriff's Foundation. 21 COMMISSIONER HARRIS: I move for approval. 22 COMMISSIONER BELEW: Second. 23 JUDGE KELLY: Got a motion and a second to 24 approve accepting the donation of equipment as 25 presented. Any -- 24 1 COMMISSIONER PACES: Just one quick 2 question. What's the approximate value of the 3 equipment? 4 SHERIFF LEITHA: Around 67,000. 5 COMMISSIONER PACES: Okay. Thank you. 6 COMMISSIONER HARRIS: And this is coming 7 from who? 8 SHERIFF LEITHA: Kerr County Sheriff's 9 Foundation. 10 COMMISSIONER HARRIS: Figured it was. Okay. 11 JUDGE KELLY: Got a motion and a second. 12 Any discussion? Those in favor say aye. Opposed? 13 Motion carries. 14 Item 1.5 consider, discuss and take 15 appropriate action to approve the Interlocal Agreement 16 between the Regional Public Defender's Office Local 17 Government Corporation and Kerr County to represent 18 indigent capital murder defendants. 19 And I put this on the agenda. This is out 20 of Lubbock. And it is a Public Defender's Office that 21 is strongly supported by the various counties in the 22 state. And it's in response to a couple counties that 23 actually had to file bankruptcy over the indigent 24 defense cost in capital murder cases. And so we are 25 among most of the counties in the state that participate 25 1 in this, and what they do is they -- they cover the cost 2 for these capital murder trials, which is huge. So 3 we've been doing this for -- 4 COMMISSIONER LETZ: A long time. 5 JUDGE KELLY: -- a decade or two. And 6 certainly be no reason for us not to continue doing it. 7 This is a lifesaver. 8 COMMISSIONER LETZ: I make a motion to 9 approve the participation in the Regional Public 10 Defender Office as presented. 11 COMMISSIONER HARRIS: Second. 12 JUDGE KELLY: Got a motion and a second to 13 approve the Interlocal Agreement with the Regional 14 Public Defender's Office Local Government Corporation as 15 presented. Any discussion? 16 COMMISSIONER BELEW: Has anything at all 17 changed in this? Do we know that? In the agreement? 18 JUDGE KELLY: No. The agreement's just 19 boilerplate. 20 COMMISSIONER BELEW: Okay. 21 JUDGE KELLY: Now it -- it's run out of 22 Lubbock. 23 COMMISSIONER BELEW: As long as nothing in 24 the agreement has changed then -- 25 JUDGE KELLY: No. 26 1 COMMISSIONER BELEW: -- then I'm okay with 2 it. 3 COMMISSIONER LETZ: The only thing that 4 changes is the funding, the amount. 5 COMMISSIONER BELEW: The amount. Yeah. 6 Sure. 7 JUDGE KELLY: And it's like an insurance 8 policy. 9 COMMISSIONER PACES: And Judge, I just had 10 one question. What -- what is this breakdown by County 11 of Fiscal Year '24 and '25? Is that funding or -- 12 JUDGE KELLY: Those are the premiums that 13 are paid. 14 COMMISSIONER PACES: That's a premium so -- 15 JUDGE KELLY: We pay our premium to them and 16 they provide the defense. 17 COMMISSIONER PACES: That's all. I'm just 18 clarifying. Great. 19 JUDGE KELLY: And you can see it's pretty 20 cheap for us. 21 COMMISSIONER PACES: Yeah. I'm not arguing. 22 I just wanted to make sure I understood. 23 JUDGE KELLY: Well, our county -- this 24 County Attorney over here, he understands what we're 25 talking about. 27 1 COMMISSIONER BELEW: Well, I kept looking at 2 him for some kind of expression but he's a pretty good 3 lawyer so you can't tell what he's thinking. 4 VOICE: Poker face. 5 COMMISSIONER BELEW: Yeah, poker face. 6 JUDGE KELLY: Okay. We got a motion and a 7 second. Any other questions or comments? 8 COMMISSIONER PACES: No, sir. 9 JUDGE KELLY: Those in favor say aye. 10 Opposed? Motion carries. 11 Item 1.6 is another Public Defender's 12 Office, but it's our local Hill Country one, and that is 13 to consider, discuss and take appropriate action to 14 approve the Interlocal Agreement and the First Amendment 15 to the Interlocal Agreement between the Hill Country 16 Regional Public Defender's Office and the Texas Counties 17 of Bandera, Gillespie, Kendall, Kerr and Medina. 18 And what this is, is the old Interlocal 19 Agreement had Kerr County being the fiscal agent. This 20 one has Medina County being the fiscal agent. 21 COMMISSIONER HARRIS: That's the amendment. 22 JUDGE KELLY: That's the amendment. Okay. 23 So -- 24 COMMISSIONER LETZ: Judge, I see a -- I 25 think there's a typo in it. The original document has 28 1 an item 3 and an item 4, on page three, but the 2 amendment to it, only has an item 3, and it doesn't list 3 an item 4 there. 4 JUDGE KELLY: I didn't catch that. 5 COMMISSIONER LETZ: So, to me, it should be 6 item 3 and 4, not just 3, because otherwise, we're going 7 to have a duplication of the annual budget amount in the 8 agreement. 9 JUDGE KELLY: So -- 10 COMMISSIONER BELEW: Do we need to look at 11 that and then come back to it? 12 JUDGE KELLY: Yeah, we need to get back with 13 Beverly Hamm is the one that -- 14 COMMISSIONER HARRIS: Yeah, let's pass on it 15 for now. Is there a timeline? 16 COMMISSIONER PACES: Yeah, it is 17 duplication. 18 COMMISSIONER BELEW: It could make a 19 difference. 20 JUDGE KELLY: They're bugging us to get it 21 done. But -- 22 COMMISSIONER HARRIS: Well, if it's wrong we 23 need to get it right. 24 JUDGE KELLY: I agree. 25 COMMISSIONER HARRIS: Good catch. 29 1 COMMISSIONER LETZ: And another question, 2 Judge. Maybe I didn't read it carefully. Why do we 3 have the amendment? The amendment looked to be the same 4 as the -- what's in the original agreement to me. 5 JUDGE KELLY: I think the amendment 6 addresses the way you calculate the case count. 7 COMMISSIONER LETZ: I'll look at it again. 8 We're passing on it so -- 9 COMMISSIONER BELEW: Each group, each county 10 pays in accordingly, right? And we were hosting it 11 before. 12 COMMISSIONER LETZ: Right. 13 COMMISSIONER BELEW: And we're not going to 14 be hosting it. 15 COMMISSIONER LETZ: Well, they're 16 calculating it differently in Medina County -- 17 JUDGE KELLY: They are. 18 COMMISSIONER LETZ: -- than we did. 19 JUDGE KELLY: They're doing it on a monthly 20 basis, we did it on an annual basis. 21 COMMISSIONER LETZ: Right. So you pay in -- 22 you have a budget and then you get proportioned based on 23 the case count for the previous year or during the 24 period of the previous year. And then you pay that way, 25 but then you get invoiced based on your actuals. So we 30 1 have enough money budgeted, but you pay by the actuals. 2 And I'm not sure what happens if -- to me if -- because 3 if the County ends up with more than was budgeted, I 4 guess you go out of contingency. 5 COMMISSIONER BELEW: Now, it -- 6 JUDGE KELLY: I'm looking at -- 7 COMMISSIONER BELEW: -- does the round up 8 affect in the fiscal year or the end? 9 JUDGE KELLY: Fiscal year. 10 COMMISSIONER LETZ: Yeah. Fiscal year. 11 COMMISSIONER BELEW: Okay. 12 COMMISSIONER LETZ: We have time to -- 13 anyway. It's a -- 14 COMMISSIONER PACES: Just kind of while 15 we're on the subject, is there any update on the Public 16 Defender's Office on Earl Garrett? 17 COMMISSIONER BELEW: That's not on the 18 agenda. 19 COMMISSIONER PACES: We can't talk about it? 20 COMMISSIONER LETZ: Not really. 21 MR. SORENSEN: Did my job for me. 22 COMMISSIONER LETZ: Well, I can make a 23 comment on that during my comments later on. 24 COMMISSIONER BELEW: There you go. 25 COMMISSIONER PACES: Thank you. 31 1 COMMISSIONER BELEW: There's always a work 2 around. 3 COMMISSIONER LETZ: We just can't discuss 4 it. 5 JUDGE KELLY: Okay. 6 COMMISSIONER HARRIS: We can do 1.11, 7 I think. 8 JUDGE KELLY: Yeah, we're going to -- we're 9 going to skip the timed items because we can't do those 10 before the 10:00 o'clock timed items or the 10:30 timed 11 items. 12 So we're going to move on to 1.11, which is 13 to consider, discuss and take appropriate action to 14 approve contract with the Terralogic Document Systems to 15 do records preservation of CD images indexing of civil 16 documents, turn key file conversion to be imported into 17 Tyler Odyssey. Project start date will be October 1, 18 2023. Miss Lantz. 19 MRS. LANTZ: Good morning, Judge, 20 Commissioners. This is a project I'd like to start in 21 October. In order to do that, we need to have a 22 contract with Terralogic Document Systems. They're 23 going to import all of our CD images into Odyssey for 24 the public viewing. And I believe they go back to 1950. 25 This will be coming out of the dedicated money for 32 1 archiving, so it shouldn't affect anything. And it 2 won't start until October 1st. 3 COMMISSIONER BELEW: What year did you say 4 it goes back to? 5 MRS. LANTZ: 1950. 6 COMMISSIONER BELEW: Okay. 7 MRS. LANTZ: The civil documents. 8 COMMISSIONER BELEW: I thought you said '15. 9 MRS. LANTZ: No, 50. 10 COMMISSIONER BELEW: Really got my 11 attention. Okay. 12 MRS. LANTZ: And I know that -- I see that, 13 how many images. The only thing I can relate to them, 14 is there's about 499,000 images that we have -- 15 COMMISSIONER PACES: That's all? 16 MRS. LANTZ: -- to import. So -- but we're 17 just trying to get everything, that way the public has 18 access to it. 19 COMMISSIONER PACES: Sure. 20 COMMISSIONER BELEW: Move for approval. 21 COMMISSIONER PACES: Anybody want to second. 22 COMMISSIONER LETZ: I'll second. 23 COMMISSIONER PACES: Okay. Quick question. 24 Once everything's digitized, do we still have an 25 obligation to retain hard copies of everything, and if 33 1 so, for what period of time? 2 MRS. LANTZ: Oral records. Yes. There's 3 certain years that we do have to keep hard copies. And 4 all judgments, I do have to keep. All judgments, hard 5 copies. So yes, I would still have paper stuff. But 6 this just makes it accessible to the public. 7 COMMISSIONER PACES: Okay. 8 MRS. LANTZ: Because when we switched, I 9 believe I'm not -- in 2007 did we go to Odyssey? So 10 everything from 2000 and back, I'm trying to get onto 11 Odyssey. That way, the public has access to it. 12 COMMISSIONER PACES: So out of those 490,000 13 documents that you're going to scan, do we get rid of 14 any of the hard copies? 15 MRS. LANTZ: Yes. 16 COMMISSIONER PACES: Good answer. I like 17 that. 18 COMMISSIONER LETZ: Dawn, has the County 19 Attorney's Office -- 20 MRS. LANTZ: Yes. I'm sorry. Heather did 21 review the contract and she said it was okay. 22 COMMISSIONER LETZ: Okay. 23 JUDGE KELLY: And we have a motion and a 24 second. Is there any other discussion? 25 COMMISSIONER HARRIS: And it's going to cost 34 1 us $44,000? 2 MRS. LANTZ: Yes. And it'll come out of 3 archive preservation. I believe I brought that up 4 during our budget. 5 COMMISSIONER HARRIS: Right. 6 JUDGE KELLY: Any other discussion? Those 7 in favor say aye. Opposed? Motion carries. 8 MRS. LANTZ: Thank you. 9 JUDGE KELLY: Let's move on to the Approval 10 Agenda. Item 2.1 budget amendments. 11 MRS. SHELTON: You have before you eight 12 budget amendments. We are taking two items out of 13 contingency in the general fund. The first two. The 14 total amount is somewhere less than $3,000.00. And then 15 on the final one, on the second page, you'll see that 16 this is for the 216th D.A., and they do have that money 17 available due to an interlocal contract in their fund 18 balance. 19 COMMISSIONER HARRIS: Move for approval. 20 COMMISSIONER LETZ: Second. 21 JUDGE KELLY: Got a motion and a second to 22 approve the budget amendment as presented. Any 23 discussion? Those in favor say aye. Opposed? It 24 carries. 25 Item 2.2 pay bills. 35 1 MRS. SHELTON: Invoices for today's 2 consideration $941,827.09. 3 COMMISSIONER LETZ: Move for approval. 4 COMMISSIONER HARRIS: Second. 5 JUDGE KELLY: Got a motion and a second to 6 approve to pay the bills as presented. Any discussion? 7 Those in favor say aye. Opposed? Motion carries. 8 2.3 late bills. 9 MRS. SHELTON: There are not any. 10 JUDGE KELLY: And 2.4 Auditor reports. 11 MRS. SHELTON: Yes. On the first one, the 12 jail commissary, inmate trust audit. And this was 13 conducted by the auditor's office due to Local 14 Government Code requirements. We have issues to report 15 and sent it to you, that was issued to the Sheriff. 16 Based on the testing procedures performed, expenditures 17 and revenues were supported by adequate documentation. 18 Based on the Sheriff's responses, purchases appear to 19 comply with Local Government Code Section 351.0415. 20 Upon the Court's acceptance of the report, the report 21 will be sent to the Texas Commission on Jail Standards. 22 COMMISSIONER LETZ: Move for -- 23 COMMISSIONER BELEW: To accept them? 24 COMMISSIONER LETZ: Yes. Thank you. 25 COMMISSIONER BELEW: Second. 36 1 JUDGE KELLY: Got a motion and a second to 2 accept the audit as presented. Any discussion? Those 3 in favor say aye. Opposed? Motion carries. 4 MRS. SHELTON: We have two additional 5 internal audit reports that were sent to you. One was 6 the Animal Control Services, and one was the 7 Environmental Health Director -- Environmental Health 8 Department, and we ask that you accept those also. 9 COMMISSIONER BELEW: Move for approval. 10 COMMISSIONER PACES: Second. 11 JUDGE KELLY: We've got a motion and a 12 second to accept the Animal Control and the 13 Environmental Health audit reports. Any discussion? 14 Those in favor say aye. Opposed? Motion carries. 15 Thank you. 16 COMMISSIONER PACES: Tanya, I just have one 17 question for you. On the monthly report for your 18 office? 19 MRS. SHELTON: Yes, sir. 20 COMMISSIONER PACES: Just a question on the 21 bond. The 2000 -- sorry, the 2023 coupon, it shows 22 $5.51 million. I thought it was going to be 5.57. Can 23 you just explain why the difference? 24 MRS. SHELTON: Let me look that up and I'll 25 get back with you. 37 1 COMMISSIONER PACES: All right. Thank you. 2 MRS. SHELTON: There was -- 3 COMMISSIONER PACES: I mean the bond was -- 4 MRS. SHELTON: We had a premium that was 5 refunded -- 6 COMMISSIONER PACES: -- approved at 5.75. 7 MRS. SHELTON: -- and I think that may be 8 the difference that you're talking about. 9 COMMISSIONER PACES: Okay. 10 JUDGE KELLY: Okay. Item 2.5 monthly 11 reports. 12 COMMISSIONER HARRIS: Yes. For May 2023. 13 Treasurer's monthly report, Tracy Soldan, AgriLife 14 Extension Office, Veteran Services Office, Jennifer 15 Sanchez. For June 2023. Treasurer's payroll approval 16 report, Tracy Soldan. Environmental Health OSSF 17 Director Ashli Badders. Auditor's monthly report, Tanya 18 Shelton. County Clerk Jackie Dowdy. District Clerk 19 Dawn Lantz. 20 Constables Precinct 1 Tommy Rodriguez. 21 Precinct 2, Kyle Schneider. Precinct 3, Paul Gonzales. 22 Precinct 4, Brad Rider. Justice of the Peace Precinct 23 2, J. R. Hoyne. Precinct 3, Kathy Mitchell. I move for 24 approval. 25 COMMISSIONER BELEW: Second. 38 1 JUDGE KELLY: Got a motion and a second to 2 approve the monthly reports as presented. Any 3 discussion? Those in favor say aye. Opposed? It 4 carries. 5 Moving on to the Information Agenda. 6 COMMISSIONER LETZ: No. Court orders. 7 JUDGE KELLY: Oh, court orders. 8 COMMISSIONER LETZ: We have court orders 9 from our regular meeting on June 26th. Court Orders 10 40057 through 40080, and also from -- one Court Order 11 40081 from our special meeting on July 5th. 12 We did have recommendation to add some 13 language to two of them. On item Court Order 40067 is 14 related to the proposed holidays for next year. And I 15 recommend that we add the language that -- I'll just 16 reread it how I think it should be. 17 Came to be heard this 26th day of June with 18 a motion by Commissioner Letz, seconded by Commissioner 19 Harris, the Court unanimous approved by a vote 5-0 to 20 accept option one. 21 This is language that I added: That keeps 22 the same holidays as currently adopted out of that 23 language, and then as presented for the fiscal year 24 2023-2024. Just so it's clear that we're keeping it the 25 same. Because we did have a lot of discussion on that 39 1 one. 2 And then on Court Order 40071, this is 3 related to the Leadership Kerr County class, and the 4 original Order said -- authorized the nominating 5 committee, but it didn't name who was on the nominating 6 committee. And I recommend that we add after nominating 7 committee: Made up of County Treasurer, County 8 Attorney, and the HR Director. 9 So clarify those two. And with those two 10 modifications, I move for approval. 11 COMMISSIONER HARRIS: Second. 12 JUDGE KELLY: Got a motion and a second to 13 approve the Court Orders as presented. Any discussion? 14 Those in favor say aye. 15 COMMISSIONER LETZ: As modified. 16 JUDGE KELLY: As modified. Those in favor 17 say aye. Opposed? Motion carries. 18 Okay. Information Agenda. 3.1 status 19 reports from Department Heads. Ms. Hernandez. 20 MS. HERNANDEZ: Good morning, Commissioners, 21 Judge. I wanted to let you guys know, I think it was 22 the last Commissioner meeting that we had, y'all wanted 23 an update as far as like the first responders. We have 24 21 total that we have current, and we have four that are 25 in the process of being approved. 40 1 COMMISSIONER BELEW: And when you say 2 "current," can you explain that? 3 MS. HERNANDEZ: Current as in they are 4 current. I have current applications on them. They 5 have already been through the process. They already 6 went through the Courts and the City, and are in place. 7 COMMISSIONER BELEW: They went through the 8 Court? 9 MS. HERNANDEZ: Yes. As in the letter was 10 presented to the Court way back in the day, and have 11 been approved and everything. So like right now I have 12 one gentleman that has gone through the process. I did 13 his background. Jody will be receiving a letter pretty 14 soon with a checklist, and then it will be presented to 15 you guys to approve, to send to the City to approve for 16 that. So that's the process, and all 21 of those have 17 gone through that. 18 COMMISSIONER HARRIS: These 21 are current 19 and active? 20 MS. HERNANDEZ: Yes. 21 COMMISSIONER HARRIS: They're on call? 22 MS. HERNANDEZ: Yes. 23 COMMISSIONER BELEW: And they are -- 24 they're -- they've got all the equipment to be toned out 25 and told when there's an emergency? 41 1 MS. HERNANDEZ: From what I understand, yes. 2 They have been assigned equipment and everything. 3 COMMISSIONER BELEW: Okay. Good. It's 4 going again. 5 MS. HERNANDEZ: And like I said, you'll have 6 a checklist going to Ms. Jody, I believe the next 7 Commissioners' Court, and then I have three more that 8 I'm working through the process. 9 COMMISSIONER HARRIS: Good to hear. Thanks. 10 MS. HERNANDEZ: You're welcome. 11 JUDGE KELLY: Any other Department Heads? 12 Move on to 3.2. Elected Officials. 13 MRS. DOWDY: Good morning. I just wanted to 14 give an update about where we're at on data records 15 being uploaded to Fiddler Server for access to the 16 public. We've added over a million pages to the public 17 website, which was not accessible before. And so you 18 just go to the County Clerk website, click on the 19 agenda, it says AVA, assist to public record search. 20 You can type in your record number or the book volume 21 and pull it up that way. So it's pretty amazing. 22 COMMISSIONER HARRIS: Pretty simple? 23 MS. DOWDY: I'm sorry? 24 COMMISSIONER HARRIS: Pretty simple to find 25 the stuff? 42 1 MS. DOWDY: To a degree, I think. I think 2 the deal is -- 3 COMMISSIONER BELEW: Did you say you need a 4 degree to look it up? 5 MRS. DOWDY: No, to a degree. 6 COMMISSIONER BELEW: Okay. All right. 7 MRS. DOWDY: But it's going to be more 8 helpful to our surveyors and title companies that are 9 familiar with our numbers and such already. I will be 10 adding language to, like, the banners that will discuss 11 the search terms to make it easier. So that is in 12 progress. 13 COMMISSIONER HARRIS: That's important. 14 MRS. DOWDY: Just wanted to let y'all know. 15 COMMISSIONER PACES: Good. Appreciate the 16 transparency. 17 JUDGE KELLY: Yes, ma'am? 18 MRS. SOLDAN: Good morning. I just wanted 19 to give you an update on our transition from Happy State 20 Bank back to Security State Bank. We -- I have 21 transitioned everything and closed all accounts that I 22 am in control of as of June 30th. And there's only one 23 account left that the tax office has that they're 24 working on getting closed. 25 JUDGE KELLY: Good. Thank you. 43 1 COMMISSIONER BELEW: Let me ask a question 2 first. And that includes that Precinct 1 and 4 road 3 fund? 4 MRS. SOLDAN: No, that's totally a 5 different -- 6 COMMISSIONER BELEW: Okay. Good. Good. 7 JUDGE KELLY: Okay. Sheriff. 8 SHERIFF LEITHA: I'd just like to notify the 9 Court on status report on vehicles. We currently have 10 20 vehicles damaged. And of the 20, 11 of them are from 11 this last hail storm. After the budget, I'll probably 12 be putting something on the agenda to talk about some 13 type of a carport. Just to kind of give y'all an 14 update. On my current hail damaged vehicles, we're a 15 little bit over $53,000 worth of damage, which obviously 16 that's a cost of $11,000 I don't have in the budget, but 17 we're going to do some line item transfers and when we 18 do, we'll have a little extra money. 19 I did do some research. Back in 2019, I 20 believe they had 12 vehicles damaged, which was a little 21 bit over 30,000. So just for those two, you know, 22 $83,000. You know, I really think we need to look at 23 some options for a carport or something. You know, not 24 only that, just the wear and tear on the vehicles let's 25 say. You know. And most of our units are issued out, 44 1 but then units at the jail, you know stay there all the 2 time. Our spare units do. People that are not allowed 3 to have over two vehicles leave their vehicle at the 4 Sheriff's office. So just something to talk about. You 5 know. We -- this year was really tough. We keep 6 putting the vehicles at the AG barn. Some of these 7 storms just came up quick and kind of caught us. And a 8 lot of those vehicles that were damaged were officers 9 out -- deputies out in the field that were working, 10 trying to take cover. 11 COMMISSIONER HARRIS: Sure. I could see if 12 you got -- the last hail storm we had where you had some 13 damage, in Hunt, I mean they were huge. Knocking out 14 windshields and -- 15 SHERIFF LEITHA: Yes, that's where three of 16 them were. 17 COMMISSIONER HARRIS: -- if that hits 18 your -- where everybody's parked, those things are huge. 19 SHERIFF LEITHA: True. 20 COMMISSIONER HARRIS: Sheriff, while we got 21 you up there, who's on first in Ingram PD? What's going 22 on there? It's hard to keep up. 23 SHERIFF LEITHA: Well, let's start with -- 24 it's been brought to my attention that they would rather 25 not discuss their -- publicly their manpower issues due 45 1 to safety concerns. But everything's the same. We were 2 actually really busy there this weekend. Not very 3 happy. I reached out to the chief. We'll be talking 4 this afternoon about some calls we handled. You know, I 5 get calls from elected officials, there's loud music and 6 stuff. We do not enforce City ordinances in the City of 7 Kerrville -- I mean Ingram, and nor will we ever enforce 8 those City ordinances. So everything's the same. 9 Hopefully, we can work something out some way. 10 COMMISSIONER HARRIS: We've been saying that 11 for a couple years. 12 SHERIFF LEITHA: Yes, sir. Thank you. 13 JUDGE KELLY: Thank you. 14 Any other elected officials status reports? 15 Okay. We'll move on to 3.3 Liaison 16 Commissioners status report? 17 COMMISSIONER LETZ: I have an update with 18 the Regional Public Defender's Office. I think I might 19 have mentioned last time. The lease that they were 20 paying on in Kendall County or Boerne has fallen through 21 so they don't have anyplace to go there. Still looking 22 to, you know, some office space down there. John Bull 23 and I had a meeting scheduled. I had to reschedule it. 24 And then he had a death in the family and was out all 25 last week. And I -- again, I have touched base Friday 46 1 and we're going to meet today to see what's actually 2 available at 550 Earl Garrett. 3 COMMISSIONER HARRIS: On Saturday, I went to 4 the Center Point VFD fundraiser, and it was a good 5 event. But passing by the Event Center, come and going, 6 I mean it was packed. And it's good, you know, so many 7 things going on out there. It didn't look like you 8 could get another car in the parking lot. So that's 9 good to see. 10 COMMISSIONER PACES: Just had a couple. 11 There was a KARFA meeting, that's all the Volunteer Fire 12 Department chiefs. And they got together on July 5th 13 and they did discuss a proposed budget and have elected 14 to request an increase over last year's funding to cover 15 their effects of inflation on operating expense. So 16 anyway, they're going to be here in the budget workshop 17 on the 17th, plead their case. I appreciate the Judge's 18 comments earlier. I tend to agree with him. I'm just 19 passing it on. 20 And also I attended the eclipse planning 21 meeting. And I think there is a lot of good progress 22 being made by a lot of different organizations, 23 departments, people. And they're now working on a 24 detailed traffic control plan. So -- and particularly 25 during the total eclipse event in April. So again, I 47 1 just commend all the different groups getting together. 2 I know they're working with our Sheriff's Department and 3 Dub, and we'll see how it all works out, but it looks 4 like it's well under way and good progress being made. 5 That's all I got. 6 JUDGE KELLY: Anything else? Well, we're 7 getting closer to 10:00 o'clock. Why don't we take a 8 recess and reconvene at 10:00 o'clock. 9 (Recess) 10 JUDGE KELLY: Court will come back to order. 11 Okay. Ten o'clock timed item on the agenda. 1.7 12 consider, discuss and take appropriate action regarding 13 the final plat for Buck Subdivision, Precinct 3. 14 Mr. Hastings. 15 MR. HASTINGS: Thank you, Judge. This 16 proposal creates two lots in Comfort, Texas off of 17 Wiedenfeld Lane. Lot 1 will be 9.84 acres fronting on 18 Wiedenfeld Lane. Lot 2 will be 5.17 acres fronting on 19 Cypress Creek Road and Wiedenfeld Lane. They're going 20 to have private wells. OSSF. Their own septic systems. 21 They're not in the floodplain. And there's no proposed 22 road. 23 These are -- this is a split of about 15 24 acres into two lots on two existing roads. There is 25 some dedication of right-of-way easement for Cypress 48 1 Creek Road because that road is eventually going to be 2 an arterial. 3 County Engineer requests the Court consider, 4 discuss and take appropriate action regarding final plat 5 for Buck Subdivision, Precinct 3. 6 COMMISSIONER LETZ: Move for approval. 7 COMMISSIONER HARRIS: Second. 8 JUDGE KELLY: Got a motion and a second to 9 approve the final plat application for Buck Subdivision. 10 Any discussion? 11 COMMISSIONER BELEW: What's the water source 12 for this place? 13 MR. HASTINGS: They have their own well. 14 COMMISSIONER BELEW: Both? 15 MR. HASTINGS: Both lots. 16 COMMISSIONER BELEW: Both lots. 17 MR. HASTINGS: One lot, the existing 15 18 acres has a well on it. After the division, they'll 19 need to drill a new well on the five acres that they're 20 creating. 21 COMMISSIONER PACES: That will be 22 grandfathered under the -- 23 MR. HASTINGS: It's not in that East Kerr 24 County special area, Center Point area. 25 COMMISSIONER BELEW: Right. 49 1 MR. HASTINGS: It's north of I-10. They're 2 not in the 7-acre requirement. After August 10th, they 3 would have needed ten acres, So they're sliding in. 4 JUDGE KELLY: Okay. Any other discussion? 5 Those in favor say aye. Opposed? Motion carries. 6 Item 1.8 consider, discuss and take 7 appropriate action regarding an amending plat for G & H 8 Acres Lots 1 and 2. Mr. Hastings. 9 MR. HASTINGS: This subdivision was platted 10 in July, 2022. This proposal slightly adjusts the line 11 between Lot 1, currently 2.44 acres, and Lot 2, 2.0 12 acres. Lot 1 will be amended to 2.55 acres, and Lot 2 13 will be amended to 1.88 acres. Both lots will continue 14 to front Ranchero Road. It is in Kerrville's ETJ and 15 must be approved by both entities. 16 The plat you have before you has been signed 17 by the City as well. They're on a public water system. 18 Aqua Texas. They're going to have their open septic 19 systems. Already have them. Homes are filled. It's 20 out of the floodplain, and there are no proposed roads. 21 They're on existing road. Additional right-of-way was 22 dedicated by the original plat. 23 County Engineer requests the Court consider, 24 discuss and take appropriate action regarding an 25 amending plat for G & H Acres, Lots 1 and 2; Plat File 50 1 No. 22-06357, Precinct 2. 2 COMMISSIONER PACES: Now, this is just an 3 amendment because of the pencil line basically and -- 4 MR. HASTINGS: Yes, sir. 5 COMMISSIONER PACES: -- there's provisions 6 and there are existing regulations to accommodate that, 7 so -- 8 MR. HASTINGS: That is correct. 9 COMMISSIONER PACES: -- with that, I'll move 10 for approval. 11 COMMISSIONER BELEW: Second. 12 JUDGE KELLY: Got a motion and a second to 13 approve the amending plat for G & H Acres as presented. 14 Any discussion? Those in favor say aye. Opposed? 15 Motion carries. 16 Item 1.9 consider, discuss, and take 17 appropriate action to pass a resolution reciting the 18 fact that noncompliance and failure to secure Final Plat 19 approval for a 7.31 acre, three-lot subdivision located 20 at 154 Greenwood Drive in Comfort, Texas, and file such 21 Resolution in the Deed Records of Kerr County until 22 final compliance is attained. Mr. Hastings. 23 MR. HASTINGS: Thank you, Judge. On June 7, 24 2021, a concept plan meeting was held with the 25 developer, Toribio Carrillo, the County Engineer, and 51 1 the County Engineering Assistant, concerning the 2 division of 7.31 acres into three lots. Mr. Carrillo 3 was informed at the meeting that conformance with Kerr 4 County Subdivision Rules and Regulations is a 5 requirement (i.e., that the property must be platted and 6 is subject to Kerr County Commissioners' Court 7 approval), and the Model Rules, I might add. 8 On August 31, 2022, a 1.446 acre, Lot 1, was 9 divided and sold out of the 7.31 acres, as evidenced in 10 Kerr County Warranty Deed No. 22-07449, in violation of 11 Section 6.00 of the 2007 Kerr County Subdivision Rules 12 and Regulations, the regulations that were in effect at 13 the time for the illegal subdivision, which states: 14 "No sale of lots in any subdivision shall begin until 15 the Court has approved the final plat and subdivision 16 plat has been filed with the County Clerk in Kerr 17 County, Texas." But it never happened. 18 The new owner of Lot 1 has been trying to 19 get this issue resolved directly with the developer 20 since January of 2023, when he was informed that he 21 could not connect this new lot to the new sewer system 22 until there was an approved plat. Included in this 23 agenda bill is a letter from the new owner of Lot 1, 24 received by the County Engineer via e-mail on June 12th, 25 2023, asking the County Judge and the Commissioner of 52 1 Precinct 3 to assist resolving the issue. 2 In conformance with Section 3.06 of the 3 Subdivision and Manufactured Home Rental Community 4 Regulations for Kerr County, Texas, County Engineer 5 requests that the Court pass a Resolution reciting the 6 fact of noncompliance and failure to secure a Final Plat 7 approval for an apparent 7.31 acre, 3-lot subdivision 8 located at 154 Greenwood Drive in Comfort, Texas, and 9 file such resolution in the Deed Records of Kerr County 10 until full compliance is attained. This is Precinct 3. 11 I do have a lot of attachments on it. One 12 is a notice of violation that was sent via Certified 13 Mail on June 26, 2023, to Toribio and Magdalena 14 Carrillo, at 154 Greenwood Drive, they are the 15 developers who divided this property, and there are 16 several attachments to that notice of violation. 17 Exhibit A is an excerpt from the 2007 Kerr 18 County Subdivision Rules and Regulations that I read to 19 y'all a moment ago, that talks about you can't sell the 20 lots until it's platted. 21 Exhibit B is an excerpt from the 2023 22 Subdivision and Manufactured Home Rental Community 23 Regulations for Kerr County, which talks about what 24 happens if you do that and that the Court can pass a 25 Resolution of Noncompliance, which would be filed in the 53 1 Deed Records and which would cloud the title for that 2 property until this gets resolved. 3 Exhibit C is KCAD parcel information for 4 parcel numbers 503161 in 2022. It shows that it's 7.31 5 acres, and in 2023 it shows it's less than 7.31 acres 6 because he sold another parcel, and that in 2023 is the 7 new parcel, parcel number 15726. 8 Also, Exhibit D is a Warranty Deed 22-07449, 9 showing the sale of that lot. 10 And Exhibit E is the Subdivision and Plat 11 Application Form that we included in the notice of 12 violation so that he could turn in an application to try 13 to get this resolved. 14 Again, he'll be subject to the model rules, 15 we don't even know if he can do what he wants to do, but 16 that's beside the point that at this time we're asking 17 for the Court to pass that Resolution of Noncompliance. 18 COMMISSIONER LETZ: Move for approval. 19 COMMISSIONER PACES: Second. 20 JUDGE KELLY: Got a motion and a second to 21 approve the Resolution of Noncompliance and failure to 22 secure a final plat approval as presented. Any 23 discussion? 24 COMMISSIONER LETZ: I'll just make a comment 25 also. And I was looking back through the paperwork. 54 1 The surveyor that did this is a surveyor out of 2 San Antonio that I've never heard of. And this is a 3 problem with subdivision rules basically, is that 4 surveyors -- and I don't know if this guy ever even came 5 out to the property. He may or may not have. But 6 people that -- you know, there are -- have been 7 surveyors who could care less about County rules. 8 So, Charlie, my question is, can we write -- 9 or can the Court write a letter to whoever the licensing 10 board for your -- for engineers or for surveyors, and 11 kinda at least put them on notice that this guy's not 12 following County rules? I mean he's a surveyor, and he 13 shouldn't be able to -- he shouldn't ethically do this. 14 COMMISSIONER HARRIS: That's the first thing 15 that comes to my mind is, what are the consequences for 16 this? 17 COMMISSIONER LETZ: Well, the consequences 18 are if they're ever going to sell anything, it's going 19 to be a problem. And you can't -- 20 COMMISSIONER PACES: To this guy that bought 21 it already. A major problem. 22 COMMISSIONER LETZ: Right. Yeah, it's a 23 problem. He can't -- he can't -- once this is filed, he 24 won't be able to sell it or connect. And he's trying to 25 do the right thing. The sad thing here is the person 55 1 that bought the property is caught between a rock and a 2 hard place. I mean he wants -- he's trying to get the 3 developer, he's trying to do everything. He's trying to 4 work with us. But he can't. Because he can't comply. 5 So -- 6 COMMISSIONER BELEW: Well, is that -- is 7 that any kind of a violation so far as you know, 8 Charlie? 9 MR. HASTINGS: That's a really good 10 question. I don't have an answer for that. You know, I 11 try to put myself in the position of the surveyor. We 12 did have conversations with the surveyor when we found 13 out that this happened. And, I don't recall what he 14 said. Whether or not he told the developer, hey, you 15 need to plat this. But I do know that after we talked 16 to him, he let the developer know, hey, this should have 17 been platted. And, you know, the surveyor gets hired to 18 go out and survey a piece of property, you can hire a 19 surveyor today to survey your property and show you 20 where the pins are and refresh everything. He can give 21 you a document. 22 And if you tell him, I want you to put extra 23 pins out there to divide it, he should be asking lots of 24 questions at that point. And I do know local surveyors 25 here that will turn down work because they kinda see the 56 1 writing on the wall and they don't want to get involved 2 in that. 3 COMMISSIONER BELEW: Right. But is that 4 some kind of an ethics violation for their membership 5 and -- 6 MR. HASTINGS: I don't know. 7 COMMISSIONER BELEW: -- licensing? 8 MR. HASTINGS: I'm -- I'm not sure. 9 Ultimately, the ethics violation is the developer. And 10 he knew better. He met with us in 2021. He knew full 11 well what he was doing. 12 COMMISSIONER BELEW: Well, you can't 13 really -- after one of the hail storms we had, a guy 14 called me in Precinct 1 and he had one of these 15 fly-by-night guys replace his roof. Did a terrible job. 16 Ruined things and that. Can we prohibit certain people 17 from doing business in Kerr County? And the answer, of 18 course, is no, you can't. You can't just say that guy 19 can't come here and do -- 20 VOICE: Buyer beware. 21 COMMISSIONER BELEW: Yeah, it's a buyer 22 beware. Exactly. So you can't -- unless this guy has 23 violated the rules of his own organization, we don't 24 really have much we can do. 25 MR. HASTINGS: I would defer that question 57 1 to our county surveyor. I think the county surveyor can 2 probably weigh in on that. 3 COMMISSIONER HARRIS: Probably so. Yes. 4 COMMISSIONER LETZ: I think you're right. I 5 mean, anyone can hire a surveyor to come out there. And 6 maybe they knew -- maybe he was doing it for a porch or 7 a building he wanted or whatever he was doing. So -- 8 JUDGE KELLY: Just for what it's worth, I 9 think that's a matter between the customer and the 10 surveyor. 11 COMMISSIONER PACES: Are any of the parties 12 to this subdivision here today to talk or -- 13 MR. HASTINGS: I don't believe so. 14 COMMISSIONER PACES: Okay. 15 MRS. DOWDY: I have a question. I'm just 16 curious. Does the subdivision have a name? It's just 17 three lots -- 18 COMMISSIONER LETZ: It's not a subdivision 19 yet. 20 MR. HASTINGS: There's no name for it. 21 JUDGE KELLY: It was a 7.31 acre lot. 22 MRS. DOWDY: But did they put out a sign or 23 something, like welcome to whatever? I was -- 24 MR. HASTINGS: No. No. And the letter from 25 Mr. Angel, who bought the property, said that he -- he 58 1 said, Hey, this guy's actively listing the other lots. 2 Because -- I know because I -- that's why I bought my 3 lot. You know, and he said if I knew better, I wouldn't 4 have bought it, I didn't know. 5 COMMISSIONER LETZ: And there's a relatively 6 easy solution for the guy if he would do it, the owner. 7 He could just create one new lot. He wouldn't be 8 subject to the Model Subdivision Rules. He could then 9 get connected. He could get approved. I mean, it's not 10 like he's in a real difficult spot. I mean, the person 11 who owns it, the developer, can fix this fairly easily 12 if he would choose to. But so far he's chose not to. 13 COMMISSIONER PACES: Charlie, has the buyer 14 of this lot -- have they started building? Have they 15 already built? 16 MR. HASTINGS: I don't -- I think they were 17 just bringing in a home. A prebuilt home. And they 18 can't get it connected. 19 COMMISSIONER PACES: Yeah. Okay. 20 JUDGE KELLY: Do we have a motion? 21 COMMISSIONER LETZ: Yeah. 22 JUDGE KELLY: Motion and a second. Any 23 other discussion? Those in favor of the Resolution as 24 presented, say aye. Opposed? Item carries. Resolution 25 passes. 59 1 We have a timed item at 10:30. So why don't 2 we stand in recess until 10:30. 3 (Recess) 4 JUDGE KELLY: Let's go ahead and call the 5 court back to order. And we're going to call Item 2.4 6 again because Commissioner Paces had a question on that. 7 That was the Auditor's report. And you're asking about 8 a bond issue? 9 COMMISSIONER PACES: Yes. 10 MS. SHELTON: Yes. And so the principal 11 amount of the bond are $5,510,000. We received an 12 original issued premium of about $395,000. And so that 13 left the deposit to the project fund of $5,750,000 and 14 then expenses were another $155,000, roughly. 15 COMMISSIONER PACES: Okay. 16 MRS. SHELTON: So that's the reason for -- 17 was the premium on the bond. 18 COMMISSIONER PACES: Okay. Very good. 19 Thank you. 20 MRS. SHELTON: Uh-huh. 21 JUDGE KELLY: Okay. Let's go ahead and call 22 Item 1.10, which is a public hearing to present the 23 County Clerk's Annual Record Archival Plan in accordance 24 with the Local Government Code provisions. Miss Dowdy. 25 MS. DOWDY: Yes. I don't believe there's 60 1 any member of the public here to speak, so I will 2 proceed. 3 Before you is a handout, should be -- the 4 cover page is an e-mail addressed to me, from Jim Laird 5 with Scott-Merriman. And today's just a quick review of 6 the items I'm wishing to have sent off for preservation, 7 which can be found on page 3 of your handout. 8 So 22 books, the oldest one being from 1857. 9 And those are court records and a mix of election 10 returns, hospital liens, and various other records. And 11 the next page shows the total amount of the proposal, 12 which is $41,200.70. We're presently budgeted for 13 $45,750. I don't really see a reason to change the 14 $45,000 in case something else needs to be -- as long as 15 we don't go over that amount, we're good. 16 So I will have agenda items with a contract 17 if the Court is happy with what I've showed them. And 18 that'll be on the next agenda item. That's all I have. 19 Are there any questions? Sorry. Yes. 20 COMMISSIONER HARRIS: Jackie, this will 21 bring us up to date. This was a big chunk to get it -- 22 MRS. DOWDY: It's another big chunk. Yes. 23 It's an ongoing preservation. 24 COMMISSIONER HARRIS: There won't be as much 25 here forward because we're caught up from all the stored 61 1 stuff or I mean old stuff, right? 2 MRS. DOWDY: There's still much to do. I 3 try not to go -- 4 COMMISSIONER BELEW: That's wishful 5 thinking. 6 MRS. DOWDY: It's kinda like buying a nice 7 car every year. You can equate to that. I don't want 8 to spend too much out of that fund. But if -- we still 9 have much to do. And in order for us to even charge the 10 archival fee, we have to have books to preserve. So if 11 ever there are not books to preserve, I don't see any 12 need to charge the public or the deed records, official 13 public records filing that additional ten dollars. 14 So -- but we're not doing that this year. So -- 15 eventually, but not this year. 16 JUDGE KELLY: Okay. Anything else? 17 MRS. DOWDY: I don't have anything else. 18 JUDGE KELLY: Okay. Thank you. We don't 19 have anything for Executive Session, is that correct? 20 MR. SORENSEN: I don't, unless y'all want an 21 update. 22 JUDGE KELLY: Very well. Then Court is 23 adjourned. 24 * * * * * * 25 62 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 July, A.D. 2023. 10 11 /s/DEBRA ELLEN GIFFORD Certified Shorthand Reporter 12 No. 953 Expiration Date 04/30/2025 13 * * * * * * 14 15 16 17 18 19 20 21 22 23 24 25