1 1 2 KERR COUNTY COMMISSIONERS' COURT 3 Regular Session 4 Monday, September 25, 2023 5 9:00 a.m. 6 Commissioners' Courtroom 7 Kerr County Courthouse 8 Kerrville, Texas 78028 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 PRESENT: HARLEY BELEW, Commissioner Precinct 1 RICH PACES, Commissioner Precinct 2 24 JONATHAN LETZ, Commissioner Precinct 3 DON HARRIS, Commissioner Precinct 4 25 2 1 I-N-D-E-X 2 NO. PAGE 3 *** Public Input. 6 4 *** Commissioner's Comments. 8 5 1.1 Introduction of 4-H Award Recipients. 13 6 1.2 Consider, discuss and take appropriate 17 action on request to decorate the courthouse 7 lawn in honor of Domestic Violence Awareness Month. 8 1.3 Consider, discuss and take appropriate 18 9 action to authorize an Interlocal Agreement (ILA) between Kerr County and the Upper 10 Guadalupe River Authority (UGRA) for Water Quality Protection through Feral Hog Management. 11 1.4 Consider, discuss and take appropriate 20 12 action on request to place "Shop Local First" signs on the courthouse grounds. 13 1.5 Consider, discuss and take appropriate 27 14 action to submit a one-month extension to the Office of the Governor (OOG) for the 15 FY-23 State Criminal Justice Planning Funds, CSEP Grant No. 4498701 for Mercy Gate 16 Ministries' project "Court Training and Court- Appointed Adult Victim Advocates for 17 Commercial Sexual Exploitation". 18 1.6 Consider, discuss and take appropriate 30 action to approve the Texas VINE (Victim 19 Information and Notification Everyday) First Contract Renewal with Appriss, Inc. for the 20 Statewide Automated Victim Notification Services(SAVNS). 21 1.7 Consider, discuss and take appropriate 31 22 action to accept donations totaling $90.00 for the month of August, 2023 to be added 23 to the Operating Expense line item 10-642-330. 24 1.8 Consider, discuss and take appropriate 32 action to nominate up to five persons to the 25 Kerr Central Appraisal District Board of Directors for 2024-2025. 3 1 I-N-D-E-X 2 NO. PAGE 3 1.9 Consider, discuss and take appropriate 34 action to designate a day of the week on 4 which the Court shall convene in a regular term for FY 23-24 pursuant to Local 5 Government Code Section 81.005. 6 1.11 Consider, discuss and take appropriate 35 action to approve the job descriptions in 7 the County Clerk's office to incorporate new software names and election duties. 8 1.13 Consider, discuss and take appropriate 41 9 action to approve construction plans for the County Clerk's office. Floor plan 10 submitted with this agenda request form. 11 1.14 Consider, discuss and take appropriate 45 action to adopt the same fees as Fiscal 12 Year 2023-2024 for services by the offices of the Sheriff and Constables, and that the 13 County Clerk be authorized to submit same to the State Comptroller not later than 14 10/15/2023 (reference Local Government Code 118.131, standard procedure, recommended 15 changes by the Sheriff only.) 16 1.15 Consider, discuss and take appropriate 47 action to adopt fees of the County Clerk's 17 office as prescribed by the 88th Legislature in LGC 118.011(a)(3)(4), and said fees will 18 be effective 1/1/2024. These fees will create County revenue. 19 1.16 Consider, discuss and take appropriate 49 20 action to release Letter of Credit No. 400692100 in the amount of $1,317,014.00 as 21 a financial guarantee for construction improvements associated with the Apache 22 Trace Subdivision, and accept Maintenance Bond No. 100800218 in the amount of $514,867.00 as 23 a one-year maintenance financial guarantee for Apache Trace Subdivision, said maintenance 24 beginning 9/25/23. 25 4 1 I-N-D-E-X 2 NO. PAGE 3 1.17 Consider, discuss and take appropriate 58 action to set a public hearing for October 4 23, 2023 at 10:00 a.m. to abandon, vacate and discontinue Tucker Street, in exchange 5 for the dedication of a recreational easement from the adjacent landowner to the City of 6 Kerrville for the Veterans Pathway Sidewalk Project. 7 1.18 Consider, discuss and take appropriate 63 8 action for the Court to set a public hearing for 10:00 a.m. on November 13, 2023 for a 9 revision of plat for Village West Industrial Park Phase 3, Lot 1, Volume 5, Page 224. 10 1.19 Consider, discuss and take appropriate 65 11 action to approve a General Contract with Maxey Energy for fuel tank replacements at 12 Road & Bridge, Spur 100 Yard. 13 1.20 Consider, discuss and take appropriate 73 action to approve list of surplus items 14 from the Road & Bridge Department. 15 1.21 Consider, discuss and take appropriate 74 action to approve surplus items to be 16 included in the auction with Garrett Realty and Auction scheduled for October 21, 2023. 17 1.22 Consider, discuss and take appropriate 75 18 action to surplus broken chairs from the Union Church building. 19 1.23 Consider, discuss and take appropriate 75 20 action to establish Sheriff's Petty Cash Fund of $2,000.00 per TX LGC Section 130.904. 21 2.1 Budget Amendments. 78 22 2.2 Pay Bills. 79 23 2.4 Auditor Reports. 79 24 2.5 Accept Monthly Reports. 81 25 5 1 I-N-D-E-X 2 NO. PAGE 3 2.6 Passed. 4 3.3 Status reports from Liaison Commissioners. 82 5 4.1a Personnel issues regarding Road & Bridge 83 Department. 6 1.10 Consider, discuss and take appropriate 85 7 action to rescind Kerr County Commissioners' Court Order No. 30866 transferring the 8 duties and functions of the County Clerk in connection with the conduct of elections. 9 1.12 Consider, discuss and take appropriate 86 10 action to rescind Court Order 40158 and approve the revised personnel sheet for 11 the Central Counting Station pursuant to Chapter 127.005 of the Texas Election Code. 12 *** Adjournment. 87 13 *** Reporter's Certificate. 88 14 * * * * * * 15 16 17 18 19 20 21 22 23 24 25 6 1 COMMISSIONER LETZ: All right. Good 2 morning, everyone. Judge Kelly is not going to be here 3 today so I'll be presiding. Everyone please turn off 4 your cell phones. And the first thing is stand and join 5 me with prayer and pledge of allegiance. 6 (Prayer and Pledge of Allegiance) 7 COMMISSIONER LETZ: The first thing this 8 morning is the visitors' input. These are for items 9 that are not on the agenda. We have one form that's 10 been filed out. Mr. George Baroody. 11 MR. BAROODY: I am George Baroody, 1616 Glen 12 Road. So I'm told that -- so I'm back to talk about 13 that pesky little deal with Mr. Belew. I'm told that 14 there's a case -- I mean a hearing pending this Friday. 15 So I just wanted to come and kinda refresh everybody's 16 memory about what we know and what we don't. 17 What we know about is if someone is actually 18 convicted of a felony is that they lose -- they have a 19 sentence but they also have -- they lose the right to 20 vote, they lose the right to be on a jury, and they lose 21 the right to hold office. 22 What we know about Mr. Belew is that he had 23 a run-in with the law 50 years ago. Nobody seems to 24 know whether he was finally convicted of something or 25 not. What we do know is he's been voting for decades. 7 1 He has been selected for jury duty, records show that. 2 And you can go find that he's been invited to be on 3 juries. And he sits here serving public office. 4 There seems to imply that the difference of 5 three different branches of government have decided that 6 he did -- he doesn't have a final conviction of a felony 7 or has been -- his disability has been removed. When I 8 say three branches of government, the Executive branch 9 runs the elections, the Judicial branch runs the juries, 10 and you all are the Legislative branch and you certified 11 canvassing an election that he was in. 12 So when this case is dismissed, as I would 13 expect that it should, I would ask that this Court 14 consider looking into why a case that is clearly -- I 15 mean I'm saying it's clearly motivated by something 16 other than the law, look into finding out why that was 17 occurring, why taxpayer money has been wasted on a case 18 that has no bearing -- has no validity, and why a 19 sitting District Attorney has seen fit to attack the 20 voters and their right to elect officials as they see 21 fit. 22 And I guess that's about all I have to say. 23 It's unfortunate that the Judge wasn't here because I 24 would have asked him personally to do these things, but 25 he can read it in the minutes. Thank you. 8 1 COMMISSIONER LETZ: Thank you, George. 2 Anybody else, public comment? If not, Commissioners' 3 Comments. Commissioner Belew? 4 COMMISSIONER BELEW: Rain. Rain was a big, 5 big story, and we got about an inch and a half at our 6 house. I saw some areas driving in this morning 7 completely dry. So you guys are paying the wrong 8 preacher if you didn't get any rain. 9 COMMISSIONER PACES: Well, we got a half 10 inch in Center Point. At least my location. So maybe 11 we're paying a good preacher but just not enough. 12 Anyway. I'll just remind everybody, we're still in 13 drought stage four and we still have a burn ban. 14 Certainly for Precinct 2, but I believe for all of them. 15 And what the public needs to be aware is that there's 16 awful lot of dry tinder out there, at least it will be 17 dry in very short order. And that stuff goes up quickly 18 as soon as that sun comes out and we have our semi-arid 19 conditions take over. So until those burn bans are 20 lifted, please check, but don't burn under a burn ban. 21 All right. I'll just make a few comments 22 about election integrity since certain people seem to 23 count on me for that so I'd hate to disappoint. So 24 first of all, I just want to apologize that in our last 25 Court meeting I made a motion to rescind the Court Order 9 1 for the November election. And this was a mistake, in 2 that the Texas Election Code, Section 3.005 requires 3 that for an election held on a uniform election date, 4 the election shall be ordered not later than 78th day 5 before election date. So we -- we couldn't rescind that 6 order. 7 Now given that there was so much opposition 8 to hand counting paper ballots, I'm now looking at the 9 adoption of our voting system in an effort to at least 10 stop the use of the DRE or touch screen machines to cast 11 votes and instead go with only hand marked paper 12 ballots, sequentially numbered and signed by an Election 13 Judge. 14 Now, regardless of the Order and whether it 15 was rescinded or not, Texas Election Code 123.002 states 16 that the official action adopting a voting system for 17 use in elections may be modified or rescinded at any 18 time by the adopting authority. So, in other words, 19 there's nothing that stops this Court from adopting the 20 use of only hand marked paper ballots. Of course, other 21 than those required by law, the hand-held ADA devices 22 for disabled voters. 23 And then, of course, we will use the Hart 24 equipment to tabulate votes, and there will be limited 25 hand count audits prior to certification as now required 10 1 under law. So that kind of summarizes what's going on 2 there. 3 Otherwise, I've gotten several queries from 4 constituents as to my position on the upcoming 5 constitutional amendment propositions and I've completed 6 my analysis so I'll be posting my personal views on 7 these propositions later today on my website if anybody 8 cares, richpaces.com. That's it. 9 COMMISSIONER LETZ: All right. Thank you. 10 And I really don't have any comments other than pray for 11 more rain. We got a little bit. Need a lot more. 12 Commissioner. 13 COMMISSIONER HARRIS: Well for once, it 14 looked like Precinct 4 was blessed with more rain than 15 most. We got 2.3 out at the Divide area. 1.3 in 16 Ingram. 1.9 at my house. Two to three in another area. 17 So I'm just getting texts right now from my fire chief. 18 But Precinct 4 -- let me explain this. Because I get 19 lots of calls on burn bans as well as these guys, too. 20 But I have four volunteer fire departments in Precinct 21 4. And so we might get nothing in one area, like the 22 Divide, and maybe three inches in Hunt. And so it's 23 feast or famine sometimes. And so I reach out to my 24 Volunteer Fire Department chiefs and see -- get 25 consensus from them what they want and then I make a 11 1 call on burn ban. 2 So right now, the last couple minutes it 3 looks like we're going to lift it in Precinct 4 this 4 morning. Probably only short term. Might be a day or 5 two, but that will be a lot of people. One man just 6 told me about a tree in his yard today he'd like to 7 burn. So we'll go with that. 8 Coming up, I'm going to open the door for 9 Jennifer Smith and maybe plug it a little more. The 10 4H's wild game dinner is coming up. And so y'all go 11 ahead and I'll let y'all expand a little bit more in a 12 minute. So that's all I got. 13 COMMISSIONER LETZ: Okay. I will make one 14 comment. You mentioned wild game dinner, and over the 15 weekend was the stock show fundraiser. I was not able 16 to attend, but I understand I bought a painting. I've 17 been told that anyway. It's usually a great event and I 18 was out there beforehand. I hope -- I'm sure they did a 19 good thing. Travis, you were probably there. 20 COMMISSIONER BELEW: It was a good night. I 21 was there. 22 COMMISSIONER LETZ: You were there? 23 COMMISSIONER BELEW: Well attended. Well 24 run. 25 COMMISSIONER HARRIS: Before you go on, let 12 1 me say one more thing. We had a town hall last week 2 with the Sheriff and I at Ingram Tom Moore auditorium 3 and it was well attended. I don't know, Sheriff, 4 probably -- I don't know, a little over a hundred people 5 maybe? 6 SHERIFF LEITHA: Yes, sir. 7 COMMISSIONER HARRIS: Something like that, 8 wouldn't you say? 9 SHERIFF LEITHA: Uh-huh. 10 COMMISSIONER HARRIS: And it was a good 11 turnout. Talking about eclipse and what have you. Dub 12 had a big part of that, expanding on it as well as on 13 various road -- I mean TxDOT, and gave people a lot of 14 insight on that. 15 Now, not only did he talk about the October 16 one but mainly about the one in April. And as well 17 attended and Dub's been going out and talking to small 18 groups, but a lot of people work during the day and so 19 this was an opportunity for them to come and hear from 20 him and meet him. 21 So I just wanted to mention that. And it -- 22 may or may not have another one. Probably after the 23 first year, don't you think, Sheriff? 24 SHERIFF LEITHA: Yes. We will. 25 COMMISSIONER HARRIS: Okay. 13 1 COMMISSIONER LETZ: Okay. Let's move on to 2 the consideration agenda. Item 1.1 introduction of 4-H 3 award recipients. Jennifer Smith. 4 MS. SMITH: Good morning. My name is 5 Jennifer Smith. I am the 4-H agent here in Kerr County. 6 Our main goal today was to bring in our kiddos and have 7 them introduce themselves. We've got a great bunch of 8 kids here that worked really hard this year and received 9 some awards for last year's 4-H year. 10 I am going to go ahead and plug wild game 11 dinner real quick. October 7th, we are doing our main 12 fundraiser, the wild game dinner. All proceeds from the 13 dinner go to support our kids. Last year we had about 14 300 4-H youth enrolled in our program and we're hoping 15 to exceed that this year. We are just getting started. 16 So October 7th, doors open at 5:30. We would appreciate 17 all the support from our community. Come out and 18 support these kids. 19 So this morning, like I said we've brought 20 in some of our kids that received awards for last year. 21 The kids went through a multi-step process in order to 22 be here today. They filled out an application, they did 23 a record book, they went through an interview process. 24 And they were awarded at our award banquet at the 25 beginning of August. 14 1 And these kids, they go to school. They 2 have a family life. But then they also put forth 3 multiple hours in community service. Majority of these 4 kid are probably in about four to five projects. Club 5 meetings. They're -- most of them are officers in 6 different clubs in our organization. So these kids are 7 the cream of the crop. They are the ones that are 8 really out there supporting our community. State and 9 national level participants. 10 So I'm going to have them come and introduce 11 themselves. I also want to introduce Travis Waiser. 12 He'll be up here in a second. He was our Commissioners' 13 Court Adult Leader recipient this year. He is a parent 14 of all daughters, all 4-H members. He's also a project 15 leader, he's a club leader and he's just always there 16 for our office. So he is our recipient for that award 17 this here. 18 So the ones -- before they introduce 19 themselves, we have two in here that received the Gold 20 Star Award this year and they'll introduce themselves. 21 I just want you all to know the Gold Star is the highest 22 award that a 4-H member can receive. It is the only 23 award in the program that is actually recognized 24 nationally. 25 And so when they intro -- when they come and 15 1 introduce themselves, to get to that point is -- is a 2 big honor for them. So I'm going to let them go ahead 3 and introduce themselves and I appreciate y'all coming 4 in -- letting us come in this morning. 5 COMMISSIONER LETZ: Jennifer, before you -- 6 quite a few kids. After each one of them gives a little 7 introduction, they can come up here and stand up here 8 and then afterwards we'll have them come up here and 9 we'll take a picture. 10 MS. SMITH: Perfect. That'll be great. 11 Thank you. 12 MS. HALL: Hi, I'm Madelyn Hall, and I got 13 the Horizon Youth Leadership award. 14 MR. HALL: I'm Jonathan Hall, and I got the 15 Horizon Youth Leadership award. 16 MR. HALL: I'm Samuel Hall, and I got the "I 17 Dare You" award. 18 MR. BAIMBRIDGE: I'm Kip Baimbridge, and I 19 got the Shooting Star award. 20 MR. EDWARDS: I'm Brandon Edwards, and I got 21 the Bronze Star award. 22 MS. LIPKA: My name is Julie Lipka, and I 23 got the Horizon Youth Leadership award. 24 MS. BAIMBRIDGE: My name is Liliane 25 Baimbridge, and I got the Shooting Star award. 16 1 MS. FIEDLER: My name is Reynee Fiedler, and 2 I got the Shooting Star. 3 MR. WAISER: My name is Addison Waiser, and 4 I got the Spirit of 4-H. 5 MS. LOCKWOOD: My name is Frances Lockwood, 6 and I won the Spirit of 4-H award. 7 MS. ROBBINS: I'm Ella Robbins, and I got 8 the "I make a difference" in the Horse award, and the 9 Silver Star award. 10 MS. WAISER: I'm Callie Waiser, and I 11 received the Gold Star Award. 12 MS. FIEDLER: Hi, I'm Reelyn Fiedler, and I 13 actually received the Commissioners' Court Youth award. 14 MR. LOCKWOOD: My name is Peter Lockwood, 15 and I received the Gold Star Award. 16 MR. LOCKWOOD: My name is Gus Lockwood, and 17 I received the Spirit of 4-H award. 18 MR. WAISER: Hello, I'm Travis Waiser, I 19 received the Commissioners' Court Adult Leader award. 20 COMMISSIONER LETZ: Brandon, can you go back 21 up, if you would for a minute, and kind of explain about 22 the briefcase you're carrying. 23 COMMISSIONER PACES: I just figured he was a 24 future accountant. 25 COMMISSIONER LETZ: It's pretty, but it's a 17 1 historic briefcase. 2 COMMISSIONER PACES: Okay. 3 COMMISSIONER LETZ: Brandon, do you remember 4 who -- 5 MR. EDWARDS: The guy who owns it was the 6 Jack Brooks, and he -- 7 COMMISSIONER LETZ: And I believe he was a 8 U.S. Congressman? 9 MR. EDWARDS: Yes. 10 COMMISSIONER LETZ: And he did something 11 quite famous. He was the one that wrote the impeachment 12 order for Richard Nixon. 13 COMMISSIONER HARRIS: Oh. 14 MS. SMITH: And how much did your briefcase 15 cost? 16 MR. EDWARDS: Ten dollars. 17 COMMISSIONER LETZ: Good job. 18 (Applause) 19 (Photographs) 20 COMMISSIONER LETZ: All right. Move on with 21 Item 1.2 consider, discuss and take appropriate action 22 on request to decorate the courthouse lawn in honor of 23 Domestic Violence Awareness Month. Suzanne Tomerlin. 24 MS. TOMERLIN: Yes. Tomerlin. 25 COMMISSIONER LETZ: Tomerlin. 18 1 MS. TOMERLIN: That was a nice surprise 2 being here to watch that this morning. I'm Suzanne 3 Tomerlin with Hill Country Crisis Council, a 501(c)(3) 4 organization. It supports victims of domestic violence, 5 sexual assault and child abuse. And I am requesting 6 that we are once again able to decorate the courthouse 7 lawn for the month of October in honor of Domestic 8 Violence Awareness Month. 9 COMMISSIONER BELEW: Move for approval. 10 COMMISSIONER HARRIS: Second. 11 COMMISSIONER PACES: Second. 12 COMMISSIONER LETZ: Got a motion from 13 Commissioner Belew, second from Commissioner Harris to 14 approve the agenda item to allow the decoration of the 15 courthouse lawn for Domestic Violence Awareness Month. 16 Any further discussion? All in favor say aye. 17 Unanimous. Thank you. 18 MS. TOMERLIN: Thank you very much. 19 COMMISSIONER BELEW: Thank you. 20 COMMISSIONER LETZ: Item 1.3 consider, 21 discuss and take appropriate action to authorize an 22 Interlocal Agreement between Kerr County and the Upper 23 Guadalupe River Authority for water quality protection 24 through feral hog management. Tara. 25 MS. BUSHNOE: Good morning. Good morning, 19 1 Commissioners. Tara Bushnoe, Upper Guadalupe River 2 Authority. This request is to continue a program we've 3 done for many years to collaborate to provide bounty 4 payments for feral hog harvest in Kerr County. The same 5 terms as during the previous years. 6 Minor changes. I just put in the form that 7 the Animal Services is using, to request those bounties 8 so we kind of have that captured in here for approval as 9 well. And then I included some information about 10 collaboration with our County Extension Agent, Mike 11 Morris, about providing trapping services to Kerr County 12 landowners in collaboration with UGRA. 13 COMMISSIONER HARRIS: Move for approval. 14 COMMISSIONER PACES: Second. 15 COMMISSIONER LETZ: Motion by Commissioner 16 Harris, second by Commissioner Paces to approve the 17 Interlocal Agreement between Upper Guadalupe River 18 Authority and Kerr County for the water quality 19 protection through feral hog management. Any further 20 discussion? 21 COMMISSIONER BELEW: Does the bounty price 22 remain the same? 23 MS. BUSHNOE: It's the same, yeah, $12.00. 24 And Kerr County does all of the admin and everything for 25 it, and then we work with your staff to get quarterly 20 1 payments. And to date, we've had 10,821 hog bounties 2 through that program. 3 COMMISSIONER LETZ: How many? 4 MS. BUSHNOE: 10,821. 5 COMMISSIONER PACES: Over how many years? 6 MS. BUSHNOE: Since December of 2017. 7 COMMISSIONER HARRIS: Yeah, I wish it was 8 double that but still it's a big number. 9 COMMISSIONER PACES: That's good. 10 COMMISSIONER BELEW: Some of them guys just 11 throw those tails away. 12 MS. BUSHNOE: Stick them in the freezer and 13 then turn them in. 14 COMMISSIONER BELEW: Yeah. 15 COMMISSIONER LETZ: Any further discussion? 16 All in favor say aye. 17 MS. BUSHNOE: Thank you. 18 COMMISSIONER LETZ: Thank you, Tara. It's 19 unanimous. Thank you. 20 Item 1.4 consider, discuss and take 21 appropriate action on request to place "Shop Local 22 First" signs on the courthouse grounds. Marvin Willis. 23 MR. WILLIS: Well, I guess you guys remember 24 me being here before about what I was doing with shop 25 local, right? Well since I've done that, I have 58 21 1 local businesses that have joined the program here in 2 Kerrville and several in other cities. We actually have 3 up to 80,000 discounts on the Shop Local Card. 4 And so every police officer in town was 5 donated a card. That's 78 police officers and their 6 administration office. All of the highway patrols, 25 7 of them and their administration got cards. All the 8 teachers, 675 of them, got cards. All the Ingram ISD 9 210 got cards. We've donated to all of our first 10 responders, to our schools and college. We have over 11 8,000 members already in the program. And actually, 12 there's about 67 businesses altogether, if you count the 13 ones in Fredericksburg and other cities around here. 14 So the program is growing rapidly. And what 15 it does is it slows down the online sales problem that I 16 was explaining to you about. Because the people that 17 have a card come into town and use it. The only way you 18 can use it is come in town and use it. So they -- they 19 all love the card. It's growing very rapidly and what I 20 want to do is I want to expand it even more by 21 awareness. 22 Originally, I got permission from the City 23 of Kerrville to put the sign up and then they took them 24 down. And so I'd like to put them around the courthouse 25 so that people can see what we're doing. Because this 22 1 is a program that the businesses don't pay to be in. 2 Okay. They just benefit from the program. 3 We've got The Point Theater, The Playhouse 4 2000, Hill Country Youth Ranch Thrift Store, Encore 5 Radio. Several non-profits already selling the card and 6 keeping all of the money. They don't pay any money at 7 all, they just get the cards and sell them. So we're 8 helping charity, we're helping business, we're stopping 9 online sales from affecting our economy. 10 And all you guys can do to help me probably 11 is just allow me to put some signs around the courthouse 12 so people can be more aware. And that's all I'm asking. 13 COMMISSIONER LETZ: Well, are you a 14 non-profit or -- 15 MR. WILLIS: No, it's not a non-profit. I 16 did the non-profit before with the hero card when I did 17 that and it took me four years to finalize all that. 18 But no, I'm not doing that again. But I am giving all 19 the money away pretty much. 20 COMMISSIONER HARRIS: We all I think up here 21 agree that we prefer people shop local. That helps 22 everybody, especially our mom and pops and what have 23 you. 24 MR. WILLIS: Well, I got but one man 25 fighting against it. 23 1 COMMISSIONER HARRIS: I understand. But 2 advertising on the courthouse, around the courthouse is 3 limited to non-profits, Marvin. This is a good plug for 4 it and everything. But I -- in my opinion, I don't 5 think it's appropriate. 6 MR. WILLIS: Well, does it count that I 7 don't make any money? 8 COMMISSIONER LETZ: We appreciate it. 9 MR. WILLIS: I mean it's literally 10 non-profit in that way. 11 COMMISSIONER LETZ: Yeah. Marvin, it's -- I 12 mean we have a policy, and if we make exceptions all of 13 a sudden it becomes arbitrary and we start having a 14 problem. I think you have a great -- you know, what 15 you're doing is great for the community. 16 COMMISSIONER HARRIS: The theme is 17 outstanding. 18 COMMISSIONER LETZ: And we really appreciate 19 the bigger -- which is that you've done this for a 20 number of years, but I can't really support putting 21 signs on our square for -- if you're not a non-profit. 22 MR. WILLIS: Well you guys are pretty smart. 23 What I'd ask you to do is come up with some kind of idea 24 that you can support me with, and let me know. Because 25 I don't know what it is. And you guys know what you can 24 1 do and what you can't do, what you're allowed to do, 2 what you're not allowed to do. 3 So let me say, I just propose that we do 4 some kind of a think tank amongst you guys. Because 5 this is an important thing. I mean, we're talking about 6 $500 million a year leaving our City. And so, I mean, I 7 know I'm single handed here doing it, but you know and 8 the City has turned down support, the Chamber has turned 9 down support, the newspapers have turned down support. 10 The businesses, of course, are joining like crazy 11 because they see the benefit from it and they're all, of 12 course, getting free advertisement and I'm the largest 13 advertiser in the Hill Country so it's, you know, easy 14 for that to happen. 15 But I can't seem to get anybody with any 16 authority in the community to have any interest -- well, 17 not say interest, but any movement, let's say, in the 18 direction of more programs. So the only thing I can say 19 is please think about what you could possibly do. And 20 Don, you've got my number. If you guys come up with 21 some kind of an idea where we can work together in any 22 way, shape or form that is allowed by the rules, I'm on 23 board. 24 COMMISSIONER LETZ: Well, I'll say that you 25 coming here and doing just what you did, gets the word 25 1 out to a lot of people. Because a lot of people watch 2 this on YouTube. 3 MR. WILLIS: Yes, sir. 4 COMMISSIONER LETZ: So you are, you know, 5 promoting your message right now. 6 MR. WILLIS: It's a start, right? 7 COMMISSIONER LETZ: It's a good start. 8 COMMISSIONER BELEW: You didn't tell people 9 how they can reach you. That's what I was waiting on as 10 an old radio guy I'm waiting on -- 11 MR. WILLIS: I'm not a non-profit but -- 12 okay, you can reach me simply by just calling me on the 13 phone. Okay. I have a cell phone and I answer it, 14 believe it or not. Nobody else does that hardly. It's 15 (830) 377-9838. I also own the Hill Country Visitor 16 Magazine and you can reach me at HCVCpublisher@gmail.com 17 or you can just go to the magazine and find me there. 18 Thank you. 19 COMMISSIONER PACES: Does our policy only 20 cover the courthouse grounds or does it apply to all 21 County properties? 22 COMMISSIONER LETZ: I believe -- 23 COMMISSIONER HARRIS: It's all, I think. 24 COMMISSIONER BELEW: The problem is we can't 25 get engaged in commercial enterprise and favoritism so 26 1 it's better to leave it alone than have people upset 2 about it. And when Suzanne Tomerlin comes here and we 3 understand what she's doing and why, nobody objects to 4 that. She's not making any money. Nobody's making any 5 money. It's not even something we want to have to do in 6 Kerr County, to protect women that are beaten and 7 children that are sexually abused, but we do. 8 To engage in promoting a commercial 9 enterprise is not what we're here for. Commercial 10 enterprise is up to you. And ideas on how to make it 11 better is up to you. 12 MR. WILLIS: Okay. I understand. Okay. 13 But I think -- I just didn't go to the trouble of going 14 to get the 501(c)(3) like I did in the past. That's 15 all. I've had two different 501(c)(3)'s here in town 16 and it takes quite awhile to accomplish that and I 17 didn't want to wait. I mean, we're losing $200 million 18 in the time it takes me to reapply for 501(c)(3). So I 19 decided to move forward on it. I know I'm alone. Okay. 20 But it doesn't matter. I did the Hero card alone too. 21 Okay. And it worked. 22 And I'm not -- you know, and I understand 23 y'all's position. I mean you guys are tied. Your hands 24 are tied. That's a rule. So that's all I'm asking is 25 if you run into an idea, call me. Because I'm open to 27 1 it. And I don't need much help to make it work. Thank 2 you for your time. 3 COMMISSIONER PACES: It's surely something 4 we should support if we could. 5 COMMISSIONER HARRIS: Right. Well, we do. 6 We -- 7 COMMISSIONER PACES: Because I mean -- 8 COMMISSIONER HARRIS: I think all of us -- 9 (Talking over) 10 COMMISSIONER PACES: So it's definitely in 11 our interest to support you. I'm not sure how we can. 12 MR. WILLIS: Hire me. No, I'm kidding. 13 Just give me a job and I'll just do it. 14 COMMISSIONER LETZ: Okay. Thank you, 15 Marvin. 16 MR. WILLIS: Thank you, sir. 17 COMMISSIONER LETZ: Item 1.5 consider, 18 discuss and take appropriate action to submit a 19 one-month extension to the Office of the Governor for 20 the FY 23 State Criminal Justice Planning Funds, Grant 21 Number 4498701 for Mercy Gate Ministries project "Court 22 Training and Court Appointed Adult Victim Advocates for 23 Commercial Sexual Exploitation". 24 MS. PUTNAM: Good morning. Did you get all 25 of that? Well, I just wanted to say real fast, what 28 1 they are asking for is this is a grant and it's at the 2 end of the grant cycle. And due to circumstances which 3 she'll explain, they were not able to use all of their 4 funding and have reached out to the Office of the 5 Governor to see if they could get a one-month extension. 6 Spoke with Tanya. She said that it's a possibility. 7 So we are looking for approval for the Judge 8 to go and certify that one-month extension of this grant 9 for last -- this last year. And she can explain this 10 more. 11 MS. SOLOMON: Yes. We've actually seen a 12 lot of success with this grant to date. As of the end 13 of August, we have actually met and exceeded several of 14 our projected goals. Our most significant success is in 15 the support and response that we have given and received 16 from the Court throughout the six counties that 17 specified in the grant as well as additional counties 18 throughout the State. 19 We are actively working with 36 victim 20 Defendants. 80 percent of those are actually coming 21 from our rural counties Kerr, Medina, Bandera, Kendall, 22 Gillespie, and Kimble. 20 percent of -- the other 20 23 percent are coming from rural counties McGovern, 24 McLellan, and urban counties Travis, Harris, Bexar and 25 Tarrant Counties. 29 1 Our Court-appointed advocates have 2 represented victim defendants in the courtroom 3 proceedings throughout these six County service areas 4 and as far away as Comal, Burnet and Grimes County. And 5 because of the demand, we have actually planned on 6 extending our training locations to additional classes 7 and dates for our customized court training. 8 Our grant does go until the end of September 9 and we have expended 90 percent of our grant funds. The 10 remaining ten percent is actually allocated to our 11 advocates. And we're asking for that 30-day extension 12 because, as you guys know how court proceedings go, 13 sometimes they are delayed or reset. So our advocates 14 have not had the opportunity to walk -- finish walking 15 through a couple of our ladies that are still going 16 through court proceedings, so that's how we planned on 17 using that remaining ten percent if we're granted this. 18 COMMISSIONER LETZ: For the record, can you 19 identify yourself? 20 MS. SOLOMON: I am so sorry. My name is 21 Karla Solomon, I'm the Director of Outreach and Training 22 for Mercy Gate Ministries. I apologize. 23 COMMISSIONER HARRIS: I move for approval. 24 COMMISSIONER PACES: I'll second. 25 COMMISSIONER LETZ: Motion from Commissioner 30 1 Harris, second from Commissioner Paces to approve the 2 agenda item. 3 COMMISSIONER PACES: Do you have a grant 4 lined up for the next fiscal year? 5 MS. SOLOMON: We are not going to seek 6 government funding for this grant anymore, but we are 7 planning on continuing the program and expanding the 8 program. We are also waiting to hear back on another 9 grant to move our Court trainings and other training 10 programs to a virtual platform. Easier for judges and 11 court officials to participate virtually than in-person 12 all day. So we've learned that through this. 13 COMMISSIONER LETZ: Okay. Any further 14 discussion? 15 COMMISSIONER BELEW: A great organization. 16 COMMISSIONER LETZ: Yeah. All in favor say 17 aye. Unanimous. Thank you. 18 MS. PUTNAM: Thank you, gentlemen. 19 COMMISSIONER LETZ: Item 1.6 consider, 20 discuss and take appropriate action to approve the Texas 21 VINE (Victim Information and Notification Everyday) 22 First Contract Renewal with Appriss, Inc. for the 23 Statewide Automated Victim Notification Services. Noel. 24 MS. PUTNAM: This is just a renewal of the 25 same contract that we have every year that we do. 31 1 There's nothing that has changed on it as far as victim 2 notification. And the people -- the contact of the 3 people that actually contact the victim if someone is 4 released. 5 COMMISSIONER LETZ: Okay. 6 COMMISSIONER BELEW: Move for approval. 7 COMMISSIONER HARRIS: Second. 8 COMMISSIONER LETZ: Motion from Commissioner 9 Belew, second from Commissioner Harris. Any further 10 discussion? All in favor say aye. Unanimous, four 11 zero. Thank you. 12 MS. PUTNAM: Thank you. 13 COMMISSIONER LETZ: Item 1.7 consider, 14 discuss and take appropriate action to accept donations 15 totaling $90.00 for the month of August, 2023 to be 16 added to the Operating Expense line item 10-642-330. 17 Mr. Givens. 18 MR. GIVENS: Good morning. These are our 19 August donations. Just asking the Court to accept them. 20 COMMISSIONER HARRIS: I move for approval. 21 COMMISSIONER BELEW: Second. 22 COMMISSIONER LETZ: Motion from Commissioner 23 Harris, second by Commissioner Belew to accept the 24 donations for the month of August as presented. Any 25 further discussion? All in favor say aye. Unanimous. 32 1 Thank you. 2 Item 1.8 consider, discuss and take 3 appropriate action to nominate up to five persons to the 4 Kerr Central Appraisal District Board of Directors for 5 2024-2025. 6 We can nominate up to five. We will vote, I 7 don't know, before December. We currently have two 8 members Eric Lantz and Lary Priour. 9 COMMISSIONER HARRIS: Right. 10 COMMISSIONER LETZ: Both of them. 11 COMMISSIONER BELEW: They want to stay? 12 COMMISSIONER LETZ: Huh? 13 COMMISSIONER BELEW: They want to go? Do 14 they want -- 15 COMMISSIONER HARRIS: They're willing. 16 COMMISSIONER LETZ: Both of them are willing 17 to serve again. And we've also had interest from 18 another, from Jack Birch. 19 COMMISSIONER PACES: I have one more from 20 Jay Zajicek -- 21 COURT REPORTER: Say that again? 22 COMMISSIONER PACES: Z-A-J-I-C-E-K, how's 23 that? 24 COURT REPORTER: Thank you. 25 COMMISSIONER PACES: Zajicek. I don't know. 33 1 Anyway, he -- he's -- he lives here in Kerrville. He's 2 a former bank manager, commercial lender, and he comes 3 highly recommended from a good source. Just someone 4 else for consideration. And if not this year, maybe 5 down the road. 6 COMMISSIONER LETZ: Okay. You know, there's 7 a total of 5000 votes. It takes a thousand to get 8 elected. We have 1,230 I think? 9 COMMISSIONER HARRIS: Something like that. 10 COMMISSIONER LETZ: But we can get one 11 guaranteed and then we have to partner with others to -- 12 to get another one, if we want. 13 COMMISSIONER HARRIS: Kind of split up. 14 COMMISSIONER BELEW: A broker deal. 15 COMMISSIONER LETZ: A broker deal. So 16 anyway, is there a motion to nominate those four 17 individuals? 18 COMMISSIONER BELEW: I'll make a motion. 19 COMMISSIONER LETZ: Okay. Commissioner 20 Belew. 21 COMMISSIONER BELEW: So it's Jack Birch and 22 who else again? 23 COMMISSIONER HARRIS: Lary Priour is already 24 there. 25 COMMISSIONER BELEW: And Lary's going to 34 1 stay. 2 COMMISSIONER HARRIS: And Eric Lantz is 3 already there. And then -- what was the name again? 4 COMMISSIONER PACES: I haven't got it right 5 yet so. Jay Zajicek. 6 COMMISSIONER HARRIS: So Commissioner Paces 7 has three different people, I think. 8 COMMISSIONER LETZ: Can you spell that name 9 again? 10 COMMISSIONER PACES: Yeah. Again, it's 11 Z-A-J-I-C-E-K. Zajicek. 12 VOICE: What was the first name? 13 COMMISSIONER LETZ: First name again? 14 COMMISSIONER PACES: Jay. Jay, J-A-Y. 15 (Phone Ringing) 16 COMMISSIONER BELEW: He's calling you to 17 tell you how to say his name. 18 COMMISSIONER PACES: That's your burn ban 19 update. 20 COMMISSIONER LETZ: Any further discussion 21 on those four nominations? All in favor say aye. 22 Unanimous, four zero. 23 Item 1.9 consider, discuss and take 24 appropriate action to designate a day of the week on 25 which the Court shall convene in a regular term for 35 1 FY 23-24 pursuant to Local Government Code Section 2 81.005. Historically, we have designated all Mondays as 3 regular meeting date. 4 COMMISSIONER BELEW: Second and fourth. 5 COMMISSIONER LETZ: I propose we do the 6 same. We do all Mondays. That way if we do meet it's a 7 regular meeting. But our standard ones will be on the 8 second and fourth. 9 COMMISSIONER BELEW: Right. I move for 10 approval of that. 11 COMMISSIONER PACES: And I'll second. 12 COMMISSIONER LETZ: Okay. Motion from 13 Commissioner Belew, second from Commissioner Paces to 14 designate all Mondays as regular meeting dates for 15 23-24. Any further discussion? All in favor say aye. 16 Four, zero. Unanimous. 17 Item 1.10, we're going to pass until after 18 Executive Session. 19 Item 1.11 consider, discuss and take 20 appropriate action to approve the job descriptions in 21 the County Clerk's office to incorporate new software 22 names and election duties. Miss Dowdy. 23 MRS. DOWDY: I've submitted the senior 24 election job description and updated the standard Deputy 25 Clerk to include elections. And the software with 36 1 Fidlar. 2 COMMISSIONER LETZ: Are the job 3 descriptions, I mean, are they essentially the same as 4 they were or are you -- are people being, you know, tax 5 assessor previously had jobs kinda split. How are you 6 going to organize? 7 MRS. DOWDY: So HR provided me with two job 8 descriptions that she had current, and so the senior 9 elections mirrored the elections coordinator job 10 description that was in the tax office. And then the 11 Deputy Clerk can do all the things as the County Clerk. 12 So it's just the standard, you know, they will do 13 elections. So that's what I did. I believe it's kind 14 of the same, where they had someone over elections, and 15 then the deputy assisted. 16 COMMISSIONER LETZ: And they're generally 17 broad just so they can -- 18 MRS. DOWDY: Correct. 19 COMMISSIONER LETZ: -- do most functions. 20 MRS. DOWDY: Other than the senior 21 elections. Senior elections will act in the same way 22 that the elections worked. 23 COMMISSIONER LETZ: Okay. 24 COMMISSIONER BELEW: I don't understand the 25 part about the software names. What does that mean? 37 1 MRS. DOWDY: It's just identifying software 2 that is there that they're using daily. Fidlar 3 Technology. It's just including that on top of all the 4 other programs that we have. That's all. I took out, 5 you know, eDoc and put Fidlar. I mean we still kind of 6 use eDoc while it's still available -- but that -- 7 that's all. I just wanted to be current. 8 COMMISSIONER BELEW: Now, is this something 9 that we have had to license -- this question is directed 10 at Bob or Nadene or you. Is it -- since it's required 11 by the State to have this software, do we have to 12 license it at all? 13 MRS. DOWDY: So I don't know about their 14 software. We haven't had any discussion about any 15 software that they use. 16 COMMISSIONER BELEW: Well, you have to use 17 the same software. 18 MRS. DOWDY: I would imagine. I think we 19 can have that discussion. 20 COMMISSIONER BELEW: Well, I'm asking to see 21 if there's -- are you -- 22 MRS. DOWDY: I -- I will. 23 COMMISSIONER BELEW: There shouldn't be any 24 additional expense if we already have a license and/or 25 this software in the building. 38 1 MRS. DOWDY: No, I don't see that there 2 would be any, no. 3 COMMISSIONER BELEW: No? 4 MS. ALFORD: No. 5 COMMISSIONER BELEW: Okay. No licensing. 6 It's required by the State to have it, right? 7 MS. ALFORD: Right. 8 COMMISSIONER BELEW: So they supply it. 9 MS. ALFORD: Yes. That is correct. 10 COMMISSIONER BELEW: Okay. So they don't 11 care who uses it once we have it, so -- 12 MS. ALFORD: They will -- they have to take 13 a -- they have to do the cyber security training for -- 14 to get log ons to the State system. 15 COMMISSIONER BELEW: Sure. Okay. 16 COMMISSIONER LETZ: And there's a total of 17 five different job descriptions that you're modifying, 18 correct? Make sure we have them all. 19 MRS. DOWDY: Yes. 20 COMMISSIONER LETZ: I have a Deputy Clerk. 21 Deputy Clerk archive specialist. Senior Deputy Clerk. 22 It looks like County Court at Law. Senior Deputy Clerk 23 elections. And then Chief Deputy Clerk. 24 Oh, there's another one. Senior Deputy 25 Clerk Vitals. I know we need to be clear but -- oh, 39 1 there's a whole bunch. There's seven. I missed a 2 couple. 3 MRS. DOWDY: Okay. That's -- that's the 4 count I have. 5 COMMISSIONER LETZ: Seven? Okay. 6 COMMISSIONER BELEW: I have one more 7 software question. Since we're going to -- since the 8 tax office is going to remain the registrar, correct? 9 MR. REEVES: Correct. 10 COMMISSIONER BELEW: Are we going to share 11 that software? Do the two have -- they have to talk to 12 each other. Do you send files and information or 13 everybody just logs on and that's a different part of 14 it? 15 MS. ALFORD: They will log onto the State 16 system and they will see -- 17 COMMISSIONER BELEW: So you do data entry? 18 MS. ALFORD: Right. 19 COMMISSIONER BELEW: And they can see it? 20 MS. ALFORD: They can see it, yes. They 21 will have their own set of roles for the team system on 22 what they can do, and we have our own set of roles in 23 the system that we do. 24 COMMISSIONER BELEW: Okay. Makes sense. 25 COMMISSIONER LETZ: Okay. 40 1 COMMISSIONER PACES: So how many of these 2 are new positions versus just new job descriptions? 3 MRS. DOWDY: It will be the senior elections 4 will be the new one. And then we've added, you know, 5 additional deputies in my office. 6 COMMISSIONER PACES: So two is what you're 7 saying? 8 MRS. DOWDY: So as far as the job 9 descriptions go, there's one new job description called 10 senior elections. 11 COMMISSIONER LETZ: I think the other part 12 we'll probably talk about in Executive Session. 13 COMMISSIONER BELEW: Yeah. 14 COMMISSIONER PACES: Oh. 15 COMMISSIONER LETZ: These are just job 16 descriptions we're talking about here. 17 COMMISSIONER BELEW: Right. What happens is 18 something else. 19 COMMISSIONER LETZ: All right. So need a 20 motion to approve the seven new and/or revised -- 21 COMMISSIONER BELEW: I'll make the motion. 22 COMMISSIONER LETZ: Got a motion from 23 Commissioner Belew. 24 COMMISSIONER HARRIS: Second. 25 COMMISSIONER LETZ: Second from Commissioner 41 1 Harris to approve the new job descriptions and/or 2 revised job descriptions for a total of seven. Any 3 further discussion? All in favor say aye. Unanimous. 4 MRS. DOWDY: Who made the second? 5 COMMISSIONER HARRIS: I did. 6 MRS. DOWDY: Thank you. 7 COMMISSIONER LETZ: Item 1.12 will be taken 8 up after Executive Session. 9 Item 1.13 consider, discuss and take 10 appropriate action to approve construction plans for the 11 County Clerk's office; floor plan submitted with agenda 12 request form. I think everyone got a copy of the 13 hand-drawn -- 14 Do you have a copy, Commissioner? 15 COMMISSIONER PACES: I had one. I didn't 16 bring it. I've seen it. 17 COMMISSIONER BELEW: She gave you a new one. 18 MRS. DOWDY: I have extras if anybody needs 19 one. 20 COMMISSIONER LETZ: Before we start on that, 21 I'll make a comment because it'll be a part of this. I 22 have visited with the Veteran Service officer a little 23 bit and they are -- would likely -- or are happy to move 24 to 550 Earl Garrett. I walked over there and met with 25 Chase and Jennifer, and they think that it fits them a 42 1 lot better over there. 2 COMMISSIONER BELEW: Yeah, I would think. 3 COMMISSIONER LETZ: Yeah. So -- 4 COMMISSIONER BELEW: It's ground level for 5 one thing, right? 6 COMMISSIONER LETZ: Yeah, they'll be on the 7 first floor immediately when you walk in on the right 8 side. But anyway -- is that -- I was getting a bearing 9 on the plan right here. Okay. Miss Dowdy. 10 MRS. DOWDY: So the yellow -- yellow/green 11 is added construction and the blue would be destruction. 12 So it's to incorporate space for personnel, and then 13 also more storage. 14 COMMISSIONER BELEW: So we're taking out 15 that wall between the Veteran Service office and your 16 office? 17 MRS. DOWDY: Not the entire wall. Just -- 18 COMMISSIONER BELEW: But a little walkway? 19 MRS. DOWDY: Just -- yeah, for a walkway 20 basically between the existing offices. And it wouldn't 21 even be really a door needed, it's just a -- 22 COMMISSIONER BELEW: Hallway. 23 MRS. DOWDY: Correct. 24 COMMISSIONER LETZ: Okay. And just look 25 back at the plans. Somewhere in the back of my memory, 43 1 there's -- we looked at doing this once before, and 2 there's a problem because that's a -- 3 COMMISSIONER BELEW: Load bearing or 4 something? 5 COMMISSIONER LETZ: Load bearing or 6 something like that. But I knew that -- we have plans 7 on that area, I know, from when we did the courthouse 8 remodel. And it could be that it wouldn't work the way 9 we were talking about doing this before. 10 MRS. DOWDY: Yeah. 11 COMMISSIONER HARRIS: Historical? 12 COMMISSIONER LETZ: Yeah, we're looking at 13 it for historical and -- 14 COMMISSIONER BELEW: Well, that's in the 15 annex part so that doesn't -- 16 COMMISSIONER LETZ: Yeah. I know that. But 17 anyway, we did -- it was something we wanted to do over 18 there and we couldn't do it and I really don't remember 19 what it was. 20 COMMISSIONER BELEW: There's been a bunch of 21 things we wanted to do over there we couldn't do. 22 COMMISSIONER LETZ: Right. But I think the 23 first step's going to be to get maintenance to kinda 24 evaluate the cost so then we can put numbers to it. 25 COMMISSIONER BELEW: Well, if there's a way 44 1 to put a header in there, you can -- you can do it. You 2 know, it shouldn't be -- it's not very wide. 3 COMMISSIONER LETZ: I mean it oughta be able 4 to -- 5 COMMISSIONER BELEW: So the old records area 6 remains the old records area? 7 MRS. DOWDY: Yes. 8 COMMISSIONER BELEW: Okay. 9 MRS. DOWDY: The -- there is that back wall 10 along -- can someone name the street over here, is it 11 Jefferson? 12 COMMISSIONER BELEW: I think so, yeah. 13 MRS. DOWDY: So the wall along Jefferson is 14 right now holding just paperwork that is disposable and 15 of no value. So if we get rid of that and then just add 16 a wall up, that will create probably five to six feet of 17 width from that wall going that way. 18 COMMISSIONER BELEW: For old records? For 19 the old records to go back in that corner? 20 MRS. DOWDY: I mean, it's -- it's -- I'm 21 thinking more election stuff or we can move things from 22 one storage unit -- I mean I've got a lot of storage 23 right now but I would like more, and I want to make sure 24 it's secure. And you know, hopefully cross that bridge 25 when we get there. But just a quick -- quick plan that 45 1 I wanted to present. 2 COMMISSIONER LETZ: I think the first step 3 on the action would be that -- or I don't even know if 4 we need Court action. I think you can just begin 5 with -- 6 COMMISSIONER HARRIS: Maintenance. 7 COMMISSIONER LETZ: -- maintenance and have 8 them come up with a cost estimate. This is all pretty 9 minor work, so I don't think it will require any 10 permitting. Just kind of moving some interior walls 11 around a little bit. And then once that -- and then at 12 our next meeting, hopefully Shane can come back or you 13 and Shane can come back with a cost estimate to do 14 something like this. 15 MRS. DOWDY: Okay. 16 COMMISSIONER LETZ: So I don't think we 17 really need Court action for that. 18 COMMISSIONER BELEW: Well, the storage wall 19 would be the -- whether there's a load bearing is the 20 thing to investigate. 21 COMMISSIONER LETZ: Okay. Thank you. 22 Item 1.14 consider, discuss and take 23 appropriate action to adopt the same fees as Fiscal Year 24 2023-2024 for services of the offices of the Sheriff and 25 Constables, and that the County Clerk be authorized to 46 1 submit same to the State Comptroller not later than 2 10/15/2023, reference Local Government Code 118.131, 3 standard procedure, recommended changes by the Sheriff 4 only. 5 MRS. DOWDY: So I did submit my agenda 6 request incorrectly. There are some suggested changes 7 from the Sheriff and if he would like to go over that, 8 I'm going to hand it over to him. So I apologize. 9 Hopefully it's not an issue. 10 SHERIFF LEITHA: Yeah. There's -- do they 11 have this attachment? 12 COMMISSIONER LETZ: Yeah. 13 SHERIFF LEITHA: Okay. There's two fees 14 we're looking at wanting to increase. Obviously, one of 15 them is currently $200.00, we'd like to take it to 250 16 for the service of writs. The other one is a citation 17 service fee, we'd like to increase it to $90.00 from 18 $85.00. Just trying to get with an average of what 19 other counties charge. 20 COMMISSIONER HARRIS: Okay. I move for 21 approval. 22 COMMISSIONER BELEW: Second. 23 COMMISSIONER LETZ: Motion from Commissioner 24 Harris, second from Commissioner Belew to approve the 25 fee schedule -- I guess the current fee schedule for the 47 1 next fiscal year would be modification of the two that 2 were specified by the Sheriff. 3 COMMISSIONER BELEW: The writ and the 4 citations. 5 COMMISSIONER LETZ: The writ going up to 6 $250.00 and citation service fee increasing to $90.00. 7 Any further discussion? All in favor say aye. 8 1.15 consider, discuss and take appropriate 9 action to adopt fees of the County Clerk's office as 10 prescribed by the 88th Legislature in Local Government 11 Code 118.011(a)(3)(4), and said fees will be effective 12 1/1/2024. These fees will create County revenue. Miss 13 Dowdy. 14 MRS. DOWDY: Surprise, there's new fees 15 again, so I get to make another change. So it's 16 basically incorporating the fees they adopted the 17 previous Legislature into the probate section for copies 18 and electronic copies. Now they're mirroring that and 19 putting it into the standard fees for all other public 20 records. So it'll streamline the Public Information 21 Act. I don't know how that's going to go over. We'll 22 see if there's ever somebody complains about that and 23 then the Attorney General will just change it again. 24 And so, I'm just doing what the State is telling me to 25 do at this point. 48 1 COMMISSIONER BELEW: You sound a little 2 frustrated. 3 MRS. DOWDY: Oh yeah. Just a little bit. 4 COMMISSIONER BELEW: So this is a fee that 5 the State requires that we're passing along to the 6 taxpayer. It's not our fee. 7 MRS. DOWDY: Correct. It is not -- yeah. 8 Right. 9 COMMISSIONER BELEW: Okay. 10 MRS. DOWDY: But at least it stays here. It 11 doesn't go anywhere. At least it stays here. 12 COMMISSIONER HARRIS: I move for approval. 13 COMMISSIONER PACES: I'll second. 14 COMMISSIONER LETZ: Motion by Commissioner 15 Harris, second by Commissioner Paces. And this is to -- 16 it's the whole packet there. Is this all of these? 17 MRS. DOWDY: So these -- yes. Because y'all 18 previously adopted a fee schedule to be effective 19 October 1st, but it did not incorporate -- the dates 20 would have been wrong. The dates I had listed were 21 wrong. So I submitted two new ones. The first one is 22 effective October 1st to 12/31 and then the next one 23 will be effective January 1st to the end of the next 24 fiscal year. 25 COMMISSIONER LETZ: Can you just for the 49 1 record say which one is which so we -- which one is 2 effective October 1st? 3 MRS. DOWDY: The one with the date range at 4 the top showing October 1st, 2023 to December 31st, 2023 5 will be effective at that -- on October 1st. And then 6 also, adopting the new schedule that takes effect and is 7 titled with the date January 1st, 2024 through -- 8 COMMISSIONER LETZ: Okay. Because we can 9 approve everything you submitted. 10 MRS. DOWDY: Correct. Yes. Yes. 11 COMMISSIONER LETZ: Okay. 12 MRS. DOWDY: Thank you. 13 COMMISSIONER HARRIS: A lot of pages. 14 COMMISSIONER LETZ: I know. 15 MRS. DOWDY: Yes. 16 COMMISSIONER LETZ: Okay. So the -- the 17 motion is to approve the fee schedules as submitted. 18 COMMISSIONER HARRIS: Correct. 19 COMMISSIONER LETZ: Any further discussion? 20 All in favor say aye. Four, zero. Unanimous. 21 All right. Let's return at five after 10:00 22 and take a morning break. 23 (Recess.) 24 COMMISSIONER LETZ: All right. Going on to 25 Item 1.16 consider, discuss and take appropriate action 50 1 to release Letter of Credit No. 400692100 in the amount 2 of $1,317,014.00 as a financial guarantee for 3 construction improvements associated with the Apache 4 Trace Subdivision, and accept Maintenance Bond No. 5 100800218 in the amount of $514,867.00 as a one-year 6 maintenance financial guarantee for Apache Trace 7 Subdivision, said maintenance beginning 9/25/23. 8 Mr. Hastings. 9 MR. HASTINGS: Thank you. The Apache Trace 10 Subdivision final plat was approved by Commissioners' 11 Court on January 23rd, 2023 along with Letter of Credit 12 No. 400692100 in the amount of $1,317,014 issued by 13 Guadalupe Bank of Kerrville, Texas as a financial 14 guarantee for the construction of the roads and the 15 drainage. 16 This subdivision includes four new public 17 roads, being Apache Trace, Nantan Lane, Elan Lane and 18 Lipan Loop totaling 16,850 linear feet, which is 19 approximately 3.2 miles complete with roadside ditches. 20 Both roads and ditches proposed to be owned and 21 maintained by the County. The developer also dedicated 22 a one-acre tract of land to Kerr County to be used by 23 the Road & Bridge Department for road maintenance. The 24 area has been fenced by Road & Bridge, and it is in use. 25 The storm water drainage retention ponds in 51 1 this subdivision are privately owned, operated and 2 maintained. A final walk-through was conducted by 3 Engineering staff on September 8th, 2023. At that time, 4 all the deficiencies previously noted were addressed, 5 all roads and drainage have been constructed in 6 conformance with the Kerr County Subdivision Rules and 7 Regulations, and the Engineering Department is in 8 receipt of As-Built Record Drawings dated 9 September 18th, 2023 prepared by Hewitt Engineering. 10 In your packet is Maintenance Bond 11 No. 100800218 in the amount of $514,867, which is 12 30 percent of the subdivision construction costs as 13 required by Section 9.02 of the Kerr County Subdivision 14 Regulations, and is a financial guarantee that the 15 developer will warrant any defects in materials or 16 workmanship of the roads for the first year following 17 construction completion, as well as perform maintenance 18 of the improvements until they are legally accepted by 19 the County. 20 Maintenance of the road is to include such 21 items as drainage by others, spilled concrete on the 22 streets, mud and debris in the streets, unknown springs, 23 etc. Maintenance of the drainage improvements includes 24 removing debris, resodding eroded areas and the 25 installation of additional concrete riprap where 52 1 designated by the County to permanently prevent erosion, 2 should that occur or be needed. 3 At the conclusion of this one-year bonded 4 maintenance period, Apache Trace, Nantan Lane, Elan Lane 5 and Lipan Loop roads will be brought to the Court to be 6 considered for County maintenance and acceptance. 7 And the County Engineer requests that the 8 Court consider, discuss and take appropriate action to 9 release Letter of Credit No. 400692100 in the amount of 10 $1,317,014 as a financial guarantee for construction 11 improvements associated with the Apache Trace 12 Subdivision, and accept Maintenance Bond No. 100800218 13 in the amount of $514,867.00 as a one-year maintenance 14 financial guarantee for the Apache Trace Subdivision, 15 said maintenance beginning September 25th, 2023, 16 Precinct 4. 17 COMMISSIONER HARRIS: I move for approval. 18 COMMISSIONER PACES: I'll second it. 19 COMMISSIONER LETZ: We have a motion and a 20 second. Motion by Commissioner Harris, second by 21 Commissioner Paces. Any further discussion? The motion 22 is to approve the agenda item as presented. 23 COMMISSIONER BELEW: I just want to know if 24 the source of water is all well water? 25 MR. HASTINGS: Yes, sir. 53 1 COMMISSIONER BELEW: Okay. And they're 2 all -- lot sizes are -- 3 MR. HASTINGS: All of them are five acres or 4 bigger. Yeah. 5 COMMISSIONER HARRIS: It's under the old 6 rules. 7 MR. HASTINGS: Like in the old rules. 8 COMMISSIONER BELEW: It's the old rule, 9 yeah. Because this all came up with this group in the 10 past. Yeah. 11 MR. HASTINGS: Oh yeah. 12 COMMISSIONER BELEW: Make sure I'm 13 remembering which one it is, so, yeah. 14 COMMISSIONER PACES: I guess I just wanted 15 to ask. I mean, you know, there's a lot of discussion 16 in here about the County taking over maintenance after a 17 one-year period. Have we had any discussion about that 18 yet? Is that consistent with what we want to do as a 19 County taking on additional roads to maintain? 20 COMMISSIONER LETZ: It's -- 21 COMMISSIONER LETZ: Our current rules allow 22 for it. 23 COMMISSIONER PACES: I realize they allow 24 for it. 25 COMMISSIONER LETZ: So -- and there -- there 54 1 has been discussion, so my recollection is it's not 2 unanimous discussion on no longer accepting roads. And 3 I think we need to have that discussion. 4 COMMISSIONER PACES: Yeah. 5 COMMISSIONER BELEW: But this is baked in 6 here. 7 COMMISSIONER LETZ: Yeah. So this is part 8 of -- 9 COMMISSIONER PACES: That's kind of a 10 concern. It seems already pretty baked in. I mean I -- 11 I'm happy to have the discussion a year from now. 12 COMMISSIONER LETZ: We're -- yeah. 13 COMMISSIONER HARRIS: I think we want to 14 move towards this, you know, we've had those 15 discussions. And we need to continue them. 16 COMMISSIONER PACES: And trying to do those 17 retroactively or in hindsight, that -- that doesn't work 18 too good we found out. 19 COMMISSIONER LETZ: I think if we -- if we 20 change the rules, I think we'll probably have to go 21 in -- if we change the rules of what we want on 22 accepting, we just need to go in and change those 23 subdivision rules, and then anything that's been 24 submitted based on the way we handled it recently, 25 and -- 55 1 COMMISSIONER PACES: Fair enough. 2 Regardless in the subdivision rules, there's nothing in 3 there that says the County has to accept roads for 4 maintenance, is my understanding. 5 MR. HASTINGS: That's true. Also remember 6 on this particular subdivision that the developer 7 dedicated, on his own, an acre of land for the Road & 8 Bridge Department to use to have a place to store 9 material in that vicinity, in that area. And so there 10 were concessions. There is a carrot dangling in front 11 of the Court for wanting to accept this -- these 12 particular roads. 13 COMMISSIONER HARRIS: There's not a problem 14 here. 15 COMMISSIONER LETZ: I think in this case, 16 and any others that we may have, which I think there's 17 only one other which is the one behind Tivy. 18 MR. HASTINGS: Yes, sir. Off of Spur 100 19 there is Mystic Ridge. And they turned their's in with 20 the idea that it would be publicly maintained roads, and 21 there are provisions for that road to have a connection 22 back to Cypress Creek Road as well. So there's benefit. 23 And those are the kind of discussions the Court has said 24 they should -- if it's going to benefit the public in 25 general, then let's talk about it. 56 1 This benefits the public in general because 2 they gave us an acre of land to store material for other 3 maintenance we do in the area. We didn't have any other 4 place over there for Road & Bridge to store material. 5 COMMISSIONER HARRIS: And we've been 6 looking. 7 COMMISSIONER PACES: Can't they -- 8 COMMISSIONER BELEW: Is it actually -- 9 MR. HASTINGS: It's a concession. 10 COMMISSIONER BELEW: It's ours for use or is 11 it ours? 12 MR. HASTINGS: It's ours. 13 COMMISSIONER BELEW: We can build a 14 structure on it? 15 MR. HASTINGS: Yeah. 16 COMMISSIONER HARRIS: We've already fenced 17 it. 18 COMMISSIONER BELEW: Okay. 19 COMMISSIONER LETZ: I mean, I think on this 20 particular -- this -- you know, we already approved the 21 final plat. So people are buying based on doing that. 22 And I think we would be subject to lawsuit if we changed 23 the rules on this one at this point. And probably on 24 Mystic Ridge, but -- 25 COMMISSIONER PACES: Well, I'm going to 57 1 guess that there's nothing on that plat that says the 2 County will take over and maintain the roads at any 3 particular point. 4 MR. HASTINGS: No, it's just been discussed 5 though. 6 COMMISSIONER PACES: Fair enough. 7 MR. HASTINGS: Yes, sir. 8 COMMISSIONER PACES: And I think we need to 9 have that discussion. I guess it doesn't need to happen 10 today though. 11 COMMISSIONER LETZ: Yeah. Sorry. 12 MR. HASTINGS: We'll be back a year from now 13 to have that final discussion. 14 COMMISSIONER LETZ: Right. And I think 15 prior to that we'll have a discussion on our policy. 16 Because it's a change of policy, which I believe is in a 17 court order. 18 COMMISSIONER BELEW: But this subdivision 19 started with the old rules. 20 COMMISSIONER PACES: Oh that's -- that's -- 21 I know that. 22 COMMISSIONER LETZ: Okay. So we have a 23 motion and a second to approve the agenda item. 24 COMMISSIONER PACES: Yeah. 25 MRS. DOWDY: And we -- I believe it's a 58 1 vote. 2 COMMISSIONER LETZ: What? 3 MRS. DOWDY: Did you take a vote? 4 COMMISSIONER LETZ: Yeah, it's approve the 5 motion by Commissioner Harris, second by Commissioner 6 Paces. 7 MRS. DOWDY: Okay. 8 COMMISSIONER LETZ: Any further discussion? 9 All in favor say aye. Unanimous. Four, zero. 10 Item 1.17 consider, discuss and take 11 appropriate action to set a public hearing for 12 October 23rd, 2023 at 10:00 a.m. to abandon, vacate and 13 discontinue Tucker Street, in exchange for the 14 dedication of a recreational easement from the adjacent 15 landowner to the City of Kerrville for the Veterans 16 Pathway Sidewalk Project. Precinct 2. Mr. Hastings. 17 MR. HASTINGS: Thank you. The Veterans 18 Pathway Sidewalk Project connects to the Kerrville -- 19 connects the Kerrville Veterans Administration Medical 20 Center located at the intersection of State Highway 27 21 and Tucker Street to both Flat Rock Park and Kerrville 22 River Trail. The City of Kerrville wishes to have the 23 alignment go around the perimeter of the existing 24 landscape business, also located at the intersection of 25 Tucker Street and Highway 27, across the street from the 59 1 VA, rather than through the middle of the landscape 2 operation, which is bisected by Tucker Street. 3 The right-of-way for Tucker Street was 4 deeded to Kerr County from the United States of America 5 on September the 30th, 1958. It's been about 65 years. 6 And despite the road being subsequently annexed by the 7 City of Kerrville, the right-of-way deed is still in the 8 possession of Kerr County. I have a map in there for 9 you. You can look at the map in Exhibit A and the deed, 10 Exhibit B, in your packet. 11 According to Texas statutes, the Court may 12 order public roads laid out, discontinued, closed, 13 abandoned, vacated or altered. The statute defines the 14 relevant terms: 15 Abandon, to relinquish the public's 16 right-of-way in and use of the road. 17 Vacate, to terminate the existence of the 18 road by direct action of the Commissioners' Court of the 19 County, and discontinue, to discontinue the maintenance 20 of the road. 21 The process to abandon, vacate and 22 discontinue used by the Kerr County in the past consists 23 of: 24 1. The Court setting a public hearing date 25 and time, and the County Clerk publishes notice of said 60 1 public hearing in the local newspaper. The court order 2 establishing the public hearing, and a map showing the 3 limits of the road that is to be considered for action, 4 is posted at both ends of the subject portion of the 5 road as well as the courthouse for a minimum of 20 days 6 prior to the public hearing. I will take care of that. 7 2. The public hearing is required before 8 the Commissioners' Court can consider action, and 9 3. Following the public hearing, the 10 Commissioners' Court may consider and take action. 11 The County Engineer recommends that the 12 Court set a public hearing for October 23rd, 2023 at 13 10:00 a.m. to abandon, vacate, and discontinue Tucker 14 Street, in exchange for the dedication of a recreational 15 easement from the adjacent landowner to the City of 16 Kerrville for the Veterans Pathway Sidewalk Project. 17 Precinct 2. 18 COMMISSIONER PACES: I so move. 19 COMMISSIONER HARRIS: Second. 20 COMMISSIONER BELEW: Second. 21 COMMISSIONER LETZ: I have a motion by 22 Commissioner Paces, second by Commissioner Harris. A 23 couple of -- a question I have. The discontinued 24 portion, we don't have maintenance on it now? 25 MR. HASTINGS: Correct. 61 1 COMMISSIONER LETZ: Do we need to -- is 2 that -- 3 MR. HASTINGS: I think we should. Because I 4 can't find a record of the Court ever discontinuing 5 maintenance of it when the City annexed it. 6 COMMISSIONER LETZ: Okay. Okay. And the 7 other question, the little triangle on Tucker Street, 8 that never was deeded? I mean that's owned by -- 9 MR. HASTINGS: It's owned by an entity. 10 It's not owned by the nursery. The nursery knows that. 11 We know that. And that's as much as I know. Somebody 12 owns it. 13 COMMISSIONER LETZ: Somebody owns it. 14 COMMISSIONER BELEW: They may not know that. 15 MR. HASTINGS: I don't think they've been 16 paying taxes on it but I don't know. But somebody owns 17 that, that little triangle. And it's serving as a 18 detention area for storm water. 19 COMMISSIONER LETZ: Right. 20 MR. HASTINGS: It fills up. So I don't know 21 that anybody would want to own it. 22 COMMISSIONER LETZ: So it's never been -- at 23 some point -- probably somewhere -- 24 MR. HASTINGS: It's not right-of-way and it 25 doesn't belong to us. 62 1 COMMISSIONER LETZ: It doesn't belong to us. 2 MR. HASTINGS: No. 3 COMMISSIONER LETZ: Did it belong to the 4 U.S. Government, do we know? 5 MR. HASTINGS: I don't think so. I don't 6 think so. 7 COMMISSIONER BELEW: Well, is that -- that 8 could be a City tax issue, right? 9 MR. HASTINGS: Yes. 10 COMMISSIONER BELEW: And it would be a 11 County tax issue. 12 MR. HASTINGS: Yes. 13 COMMISSIONER BELEW: So if it's -- if 14 nobody's paid any taxes on it in years, it can be 15 foreclosed on. 16 MR. HASTINGS: Could be. 17 COMMISSIONER BELEW: Or they could be given 18 fair mark value for it after taxes. 19 MR. HASTINGS: Yes, sir. 20 COMMISSIONER BELEW: So is the County 21 Attorney going to figure out how that is handled? 22 MRS. STEBBINS: I haven't really had that 23 brought to my attention until today, but I sure can. 24 COMMISSIONER LETZ: I'm hoping you would. 25 Anyway. All right. Thank you. And any other 63 1 discussion? All right. The motion is to set a public 2 hearing for October 23rd at 10:00 a.m. to abandon, 3 vacate, and discontinue Tucker Street, in exchange for 4 dedication of a recreational easement from the adjacent 5 landowner to the City of Kerrville for the Veterans 6 Pathway Sidewalk Project. All in favor say aye. 7 Opposed? Unanimous. 8 Item 1.18 consider, discuss and take 9 appropriate action for the Court to set a public hearing 10 for 10:00 a.m. on November 13th, 2023 for a revision of 11 plat for Village West Industrial Park Phase 3, Lot 1, 12 Volume 5, Page 224, Precinct 4. 13 MR. HASTINGS: This proposal revises Lot 1, 14 4.37 acres, into two lots. Lot 1A will be 3.37 acres 15 with road frontage on Cotton Gin Lane and Homer Drive. 16 Lot 1B will be 1.0 acres with road frontage on Homer 17 Drive. These lots are located in Kerrville's ETJ and 18 must be platted through both Kerr County and the City of 19 Kerrville. 20 County Engineer requests that the Court set 21 a public hearing for 10:00 a.m. on November the 13th, 22 2023 for a revision of plat for Village West Industrial 23 Park Phase 3, Lot 1, Volume 5, Page 224, Precinct 4. 24 COMMISSIONER PACES: Well, Charlie, I have 25 to ask, do the model subdivision rules apply to this? 64 1 MR. HASTINGS: I don't anticipate they will. 2 We do need clarification from the surveyor with a note 3 on the plat that one of these lots is going to remain 4 non-residential. It does appear that the other one will 5 be residential. But the Model Subdivision Regulations 6 apply when you create two or more residential lots that 7 are five acres or less. 8 This would be creating one that's 9 residential and the other one -- it's an industrial 10 park, we assume it's going to maintain. They will need 11 to place a note on the plat stating that that lot is 12 going to be for non-residential purposes. They don't 13 have that note on the plat yet. But that's one of 14 our -- we're waiting to hear back from the applicant if 15 they're going to do that. 16 COMMISSIONER HARRIS: I move for approval. 17 COMMISSIONER PACES: Hopefully we'll get 18 that clarified before it comes back -- 19 MR. HASTINGS: Yes. 20 COMMISSIONER PACES: -- after the public 21 hearing. 22 MR. HASTINGS: I anticipate it will be. 23 COMMISSIONER LETZ: We have a motion from 24 Commissioner Harris. Do we have a second? 25 COMMISSIONER PACES: Well, I'll second it 65 1 for a public hearing. 2 COMMISSIONER LETZ: Second by Commissioner 3 Paces to set a public hearing for 10:00 a.m. on November 4 13, 2023 for a revision of plat for Village West 5 Industrial Park Phase 3, Lot 1, Volume 5, Page 224, 6 Precinct 4. Any further discussion? All in favor say 7 aye. Opposed? Unanimous. 8 Item 1.19 consider, discuss and take 9 appropriate action to approve a general contract with 10 Maxey Energy for fuel tank replacement at Road & Bridge, 11 Spur 100 Yard. Ms. Hoffer. 12 MS. HOFFER: We had brought this to the 13 Court on August 28th and were asked to get a quote to 14 realign the three 1,000-gallon tanks. And so I had 15 Tony, who is here who runs our shop, got ahold of a 16 company to line them. Tony, if you want to get up and 17 kind of share some of the findings on that. 18 TONY: Actually, put it out to three 19 different companies. I have one that would approve or 20 accept to redo these thousand-gallon tanks. Because of 21 the size of them, they're not really accessible to line 22 so they would have to cut the end of the tanks off. And 23 once all said and done, each tank was going to be about 24 $9,800 to reline each tank. And then it was $3,500 just 25 for them to mobilize into our yard to start the process. 66 1 That's -- 2 COMMISSIONER BELEW: What's the replacement 3 cost, Tony? 4 TONY: Ten thousand -- or actually it was 5 about $11,000 for all three tanks and removal of our old 6 tanks. And the new tanks will all be within specs, the 7 empty specs of the tanks. 8 COMMISSIONER BELEW: And the reason I asked 9 to get this checked into is because there's a continuing 10 maintenance cost on the new tanks. There's this cost 11 associated with that, which we don't even know what 12 that's going to be. 13 TONY: On the new tanks? 14 COMMISSIONER BELEW: Yeah. 15 TONY: A maintenance cost? 16 COMMISSIONER BELEW: Yeah. It comes with 17 new monitoring equipment and all kinds of -- 18 TONY: Well, it comes with a gauge that's 19 already built into the tank. 20 COMMISSIONER BELEW: Right. 21 TONY: So it -- that -- that puts us into 22 spec on that, which our old tanks don't have any gauges 23 on them at all. I have to go out there and dip them 24 with a stick. 25 COMMISSIONER BELEW: Right. 67 1 TONY: It comes with a new venting system. 2 The new filtration. Which I change the filters on the 3 tanks themselves. So I monitor the tanks and all that 4 in-house. 5 COMMISSIONER BELEW: So the annual 6 inspection by EPA or whoever -- 7 TONY: At this time, no, they do not do 8 that. 9 COMMISSIONER BELEW: Okay. 10 TONY: Our insurance company -- when our 11 insurance company TAC comes out, they take pictures of 12 the fuel line and all that. 13 COMMISSIONER BELEW: Well, the tanks we have 14 now are tanks. That's all there is. 15 TONY: Yes. 16 COMMISSIONER BELEW: This has more 17 components to it. 18 TONY: Yeah. These have the new -- 19 MS. HOFFER: It brings it up to the specs. 20 COMMISSIONER BELEW: Which brings it up -- 21 MS. HOFFER: The pictures I gave you. 22 COMMISSIONER BELEW: I get that. But it 23 also adds -- there's another failure point. That's why 24 I wanted to look into this. 25 TONY: Yep. 68 1 COMMISSIONER BELEW: We're going forward 2 here. Instead of just having a tank that sits, we've 3 got a tank that has equipment attached to it that can 4 fail at any given time. 5 TONY: Basically, other then a fuel gauge, 6 no. There is no -- there's no -- 7 COMMISSIONER BELEW: No -- no electric or 8 anything like that running through it? 9 TONY: No, we already have that on our 10 tanks. 11 COMMISSIONER BELEW: No computer? 12 TONY: No. We have electric pumps. 13 COMMISSIONER BELEW: Is there any 14 computerized -- 15 TONY: No. 16 COMMISSIONER BELEW: Okay. All right. 17 TONY: No, it's all manual. The only thing 18 we have to do is we mount a light out there with it so 19 that way you can see any leaks at night. But that's the 20 only thing left to get us up to across the board of 21 specs. 22 COMMISSIONER PACES: And these new tanks, 23 they're already lined? 24 TONY: Yes. Yes. They're ready to go. 25 They come in, they take our old tanks out, they remove 69 1 our old tanks. When they have it out, I have to reline 2 the containment area. But other than that, it'll be 3 ready to go. 4 COMMISSIONER PACES: Okay. 5 COMMISSIONER BELEW: That's a lot of -- 6 COMMISSIONER PACES: I'm all in favor. I 7 think it's a great job that you've identified this 8 option and -- thank you. 9 MS. HOFFER: The current tanks are over 30 10 years old. 11 COMMISSIONER PACES: Yeah. Yeah. 12 MS. HOFFER: And they recommend on 13 above-ground fuel storage to replace them about every 20 14 years. 15 COMMISSIONER PACES: Sure. Trying to do 16 anything with the -- 17 MS. HOFFER: Yeah. 18 COMMISSIONER PACES: -- existing tanks is 19 not -- 20 MS. HOFFER: And if we lined them to -- it 21 would be about five weeks before we could start putting 22 fuel back into a lined tank. So there's down time of 23 five weeks if we were to take that option to line the 24 tanks. So it's a lot quicker to come in, change out the 25 tanks. They remove the tanks, they take them. 70 1 COMMISSIONER PACES: Yeah. 2 MS. HOFFER: And then the total is -- it's 3 $10,000 to do the tanks. There may be some additional 4 costs with hooking up the electricity and that but a lot 5 cheaper than $9,800. 6 COMMISSIONER HARRIS: These old tanks don't 7 have any value? I mean they're just going to haul them 8 off? 9 MS. HOFFER: Well -- 10 TONY: We're working on that. I'm trying to 11 get a trade-in on them, you know, for surplus. See if 12 they're going to give me credit on the old tanks. That 13 way we can -- they can do what they want with them from 14 there. Scrap wise, no. 15 COMMISSIONER HARRIS: Well, I -- I didn't 16 think scrap wise but I -- you know, I would think 17 somebody with a ranch or something might buy them and 18 use them or what have you. Is that an option or -- 19 COMMISSIONER BELEW: Somebody -- we could 20 surplus them. 21 COMMISSIONER HARRIS: I would think. 22 COMMISSIONER BELEW: You know, we're not 23 going to -- if we're not going to get any credit for 24 them and they're going to charge us to haul them off, 25 then we could surplus them. 71 1 COMMISSIONER LETZ: They weren't going to 2 charge to haul them off. 3 TONY: No, they're not charging to haul them 4 off. 5 MS. HOFFER: No. 6 COMMISSIONER HARRIS: They're going to take 7 them and sell them their self. So I would think we 8 could look into it. 9 TONY: Yeah. I will look into it 10 definitely. I'm already looking in to trying to get 11 some kind of trade-in -- 12 COMMISSIONER HARRIS: Good. 13 TONY: -- value on them. You know, some 14 kind of a surplus with them. Because they can probably 15 sell it off to a local ranch or something like that. 16 COMMISSIONER PACES: Yeah, you just have to 17 be real careful what the environmental liability of, you 18 know -- 19 COMMISSIONER LETZ: I don't know if -- I 20 wouldn't think we would want to sell them, or let them 21 sell them and try to give us some credit. 22 COMMISSIONER PACES: Well, yeah. I think 23 you're right, sure. If we -- if we can get it. 24 Otherwise, I'm happy to go forward with 10,000 and 25 replace them. 72 1 COMMISSIONER LETZ: Yeah, there's another 2 thing that Kelly and Tony haven't mentioned. There's 3 also an insurance issue. Our insurance person is not 4 real happy with our old tanks. 5 COMMISSIONER BELEW: Sure. Well, it's good 6 to investigate. A lot of times the new product has 7 hidden costs and when -- the way you explained it, 8 Kelly, when you brought this to us, it was not the cost 9 that was the issue. It sounded like going forward that 10 it was going to be things to take care of that we don't 11 have to do now. 12 MS. HOFFER: Not really. And really 13 actually it would probably be a lot more accurate, and 14 like Tony said, in order for us to know how much fuel we 15 have to order, you take -- you've probably seen him at 16 the gas station. 17 COMMISSIONER HARRIS: Sure. 18 MS. HOFFER: He'll take a big wooden stick. 19 It's like a square, and you put it down and you've got a 20 formula and figures so when you call to order your fuel, 21 you tell them how much fuel to bring. And so we'll have 22 gauges on it. Tony will be able to know right off the 23 bat how much fuel we have in those tanks and so how much 24 to order. 25 COMMISSIONER LETZ: Well, we need a motion 73 1 to -- 2 COMMISSIONER PACES: Well, I'll move that we 3 approve the general contract with Maxey Energy for fuel 4 tank replacements at the Road & Bridge Spur 100 yard. 5 And should we also include the proceeding to spend 6 $10,000.00 for its replacement as recommended. 7 COMMISSIONER LETZ: And authorize the Judge 8 or acting Judge to sign. 9 COMMISSIONER PACES: Yes, sir. 10 MS. HOFFER: We have had -- Heather has 11 looked over it. 12 MRS. STEBBINS: That's true. 13 COMMISSIONER LETZ: Okay. We need a second? 14 COMMISSIONER BELEW: Yeah. 15 COMMISSIONER LETZ: Got a motion and second 16 by Commissioner Belew. Any further discussion? All in 17 favor say aye. Unanimous. Four, zero. 18 Item 1.20 consider, discuss and take 19 appropriate action to approve list of surplus items from 20 the Road & Bridge Department, Precinct 1, 2, 3, and 4. 21 Ms. Shelton. 22 MRS. SHELTON: Yes. You have in front of 23 you five items that Road & Bridge is asking to be 24 surplused. 25 COMMISSIONER HARRIS: I move for approval. 74 1 COMMISSIONER BELEW: Second. 2 COMMISSIONER LETZ: Motion by Commissioner 3 Harris, second by Commissioner Belew to approve the list 4 of surplused items from Road & Bridge as presented. Any 5 further discussion? All in favor say aye. Unanimous. 6 Four, zero. 7 Item 1.21 consider, discuss and take 8 appropriate action to approve surplus items to be 9 included in the auction with Garrett Realty and Auction, 10 scheduled for October 21st. Precincts 1, 2, 3 and 4. 11 MS. HOFFER: You should see the items. One 12 of them is a Ford F-350, a 2000 model. It's got a 13 little landscaper dump bed on it. A 2005 asphalt 14 zipper. A 2009 Chevrolet C7500 dump truck. Mobile fuel 15 tanks. Those are the ones that you see in the back of 16 the pickup trucks. 17 I think we've got pictures of everything. 18 And then also a FEMA trailer that we bought several 19 years ago hoping to have some land to put it on for a 20 remote area, you know, if we had a bad flood, that 21 they'd have an area. But it's deteriorating and so it's 22 time to unload it. 23 COMMISSIONER BELEW: Move for approval. 24 COMMISSIONER PACES: I'll second. 25 COMMISSIONER LETZ: Motion by Commissioner 75 1 Belew, second by Commissioner Paces to approve surplus 2 items to be included in the auction with Garrett Realty 3 and Auction, scheduled for October 21, 2023. Any 4 further discussion? All in favor say aye. Unanimous. 5 Four, zero. 6 MS. HOFFER: Thank you. 7 COMMISSIONER LETZ: Thank you. 8 Item 1.22 consider, discuss and take 9 appropriate action to surplus broken chairs from the 10 Union Church building. Ms. Shelton. 11 MRS. SHELTON: Yes, sir. There are broken 12 chairs at the Union Church building that need to be 13 surplused. 14 COMMISSIONER BELEW: Move for approval. 15 COMMISSIONER HARRIS: Second. 16 COMMISSIONER LETZ: Motion by Commissioner 17 Belew, second by Commissioner Harris to approve the 18 surplus of broken chairs at the Union Church building. 19 Any further discussion? All in favor say aye. 20 Unanimous. Four, zero. 21 Consider, discuss and take appropriate 22 action to establish Sheriff's petty cash fund of 23 $2,000.00 per Texas Local Government Code, Section 24 130.904. Miss Shelton. 25 MRS. SHELTON: Yes. Local Government Code 76 1 130.904 states the Commissioners' Court of the County 2 may establish a petty cash fund for the Sheriff's 3 Department in an amount set by the Commissioners' Court. 4 The Court shall appropriate the amount from the general 5 fund of the County. The fund may be used only to 6 advance funds to an officer or an employee of the 7 Sheriff's Department who is required to travel outside 8 the County to obtain custody of a prisoner. 9 The Sheriff and County Auditor are 10 requesting a Sheriff's office petty cash fund of 11 $2,000.00 to be maintained by the Sheriff's office for 12 this specific purpose. Sheriff's officers or employees 13 will request cash by completing the travel voucher 14 available on the Kerr County website, on the County 15 Auditor's page. The County Auditor's office may conduct 16 surprise cash counts for petty cash funds. 17 COMMISSIONER LETZ: It's been an ongoing 18 problem, hasn't it, Sheriff? 19 SHERIFF LEITHA: Yes, sir. 20 COMMISSIONER LETZ: This is brought about by 21 a lot of the deputies are out on the roads for various 22 purposes and it's not right for them to have to advance 23 their own funds and get reimbursement. We really don't 24 have a policy where we give County credit cards that 25 often. So this kind of solves the problem, and it helps 77 1 the employees not having to front their own funds when 2 they're traveling on County business. 3 COMMISSIONER BELEW: So this comes out of 4 the general fund, or the Sheriff's budget? 5 MRS. SHELTON: The Sheriff, I believe, has a 6 line item that he's going to pull the amount from. And 7 then it will go on the balance sheet of the County. 8 COMMISSIONER BELEW: From here forward, will 9 there be a line for this, or is this just part -- 10 SHERIFF LEITHA: I already have that. I -- 11 so right now what they have to do is they travel, they 12 come back and get reimbursed. And these are mainly for 13 my transport officers and warrant section because they 14 got 10-days notice. When we get notified -- we just 15 almost had a trip to New York. You know, that trip 16 could cost you four or five hundred dollars to travel, 17 times two guys. But I already have the money and it 18 will come out of that line item I already have, so we're 19 already funded for it. 20 MRS. SHELTON: And as petty cash is used and 21 petty cash gets replenished up to the $2,000 mark, he'll 22 use that same line item to replenish petty cash and 23 we'll write off the expenses as those are -- the petty 24 cash is replenished. 25 COMMISSIONER HARRIS: Sounds like a good 78 1 system. I move for approval. 2 COMMISSIONER PACES: Second. 3 COMMISSIONER LETZ: Motion from Commissioner 4 Harris, second by Commissioner Paces to establish the 5 Sheriff's petty cash fund in the amount of $2,000.00 per 6 the Local Government Code Section 130.904. Any further 7 discussion? All in favor say aye. Unanimous. Four, 8 zero. 9 All right. Let's go on to the approval 10 agenda. Budget amendments. 11 MRS. SHELTON: Yes. You have two different 12 packets of budget adjustments. Basically there's 24 of 13 them. The majority of them are most likely just end of 14 the year moving things from one line item to another. 15 The first one is more or less to cover 16 longevity pay that was paid out back in December for 17 departments that did not have turnover and, therefore, 18 needed more money in their budget. 19 COMMISSIONER HARRIS: Move for approval. 20 COMMISSIONER LETZ: Second. 21 COMMISSIONER BELEW: There's a -- what came 22 out of contingency? You have $50,000.00 that came out 23 of contingency. 24 MRS. SHELTON: Yes. That's mainly to pay 25 the bill for the lawsuit that came in. 79 1 COMMISSIONER BELEW: Okay. 2 MRS. SHELTON: We were going to be some 3 funds short. 4 COMMISSIONER BELEW: All right. 5 COMMISSIONER LETZ: On the budget 6 amendments, motion by Commissioner Harris, I made the 7 second. Any further discussion? All those in favor say 8 aye. Unanimous. 9 Pay the bills. 10 MRS. SHELTON: Yes. Invoices for today's 11 consideration $1,076,480.02. 12 COMMISSIONER BELEW: Move for approval. 13 COMMISSIONER PACES: Second. 14 COMMISSIONER LETZ: Motion by Commissioner 15 Belew, second by Commissioner Paces to pay the bills as 16 presented. Any further discussion? All in favor say 17 aye. It's unanimous. 18 Any late bills on 2.3? 19 MRS. SHELTON: There are not any. 20 COMMISSIONER LETZ: Item 2.4 Auditor's 21 reports. 22 MRS. SHELTON: Yes. We had a correction to 23 a report that we submitted last time for the 24 Environmental Health Director. We transposed the 25 numbers for the year-to-date, or quarter-to-date, and we 80 1 had prior years as this year's, and this year's as prior 2 year's. So that -- those two numbers have been moved 3 back. 4 COMMISSIONER LETZ: Okay. 5 COMMISSIONER PACES: Move for approval. 6 COMMISSIONER LETZ: Oh, go ahead. 7 MRS. SHELTON: And -- oh, sorry. And I 8 usually don't have more than one item. So just as to 9 keep y'all kind of up to date. Tyler Technologies, the 10 County Treasurer, the IT Director, the IT I think 11 assistant administrator, Scott Lambert. They'll be a 12 deposit from the HR Department, and members of the 13 Auditor's off staff met with -- last Thursday, or one 14 day last week, with Tyler Tech to start funding for the 15 migration to Incode 10. That migration probably will 16 happen, but not until the second quarter of 2024. So 17 sometime between April and May of next year is when 18 they'll start doing that. 19 COMMISSIONER LETZ: Does that mean that we 20 don't start using Incode 10 until then or -- 21 MRS. SHELTON: That is correct. We'll use 22 Incode 9 up until the end -- there will be lots of 23 training -- it will affect every department because your 24 PO's are going to change. And so there will be training 25 opportunities all throughout, probably starting January 81 1 through March before the transition is actually made. 2 COMMISSIONER LETZ: So this is -- it's 3 pretty big. Because I've heard, especially the 4 Treasurer and others, talking about this being a big 5 push to get this done. So it's been delayed basically 6 for -- 7 MRS. SHELTON: We -- we signed up for it 8 like a year ago about this time, in August, so a little 9 bit before. 10 COMMISSIONER LETZ: I mean, it's on them, 11 not on us, right? 12 MRS. SHELTON: It is on them, not on us. 13 Yes. 14 COMMISSIONER LETZ: All right. So a motion 15 to accept the Auditor's report? 16 COMMISSIONER PACES: Yeah. Accepting the 17 revised Auditor Report. Yeah. 18 COMMISSIONER BELEW: Second. 19 COMMISSIONER LETZ: Motion by Commissioner 20 Paces, second by Commissioner Belew. Any further 21 discussion on accepting the revised Auditor's report? 22 All in favor say aye. It's unanimous. 23 Monthly reports, Commissioner? 24 COMMISSIONER HARRIS: Yes. July 2023, 25 Veterans Service office, Jenna Sanchez. For August 82 1 2023, Veterans Service office, Jenna Sanchez. Kerr 2 County Animal Control Services, Director Reagan Givens. 3 County Clerk, Jackie Dowdy. District Clerk as amended. 4 Justice of the Peace, Precinct 1, Mitzy French, Precinct 5 4, Bill Ragsdale. And Treasurer's payroll approval 6 report, Tracy Soldan. I move for approval. 7 COMMISSIONER BELEW: Second. 8 COMMISSIONER LETZ: Motion from Commissioner 9 Harris, second from Commissioner Belew. Any further 10 discussion? All in favor say aye. Unanimous. 11 Court orders. We're going to pass on that 12 until our next meeting. But a lot of work the County 13 Clerk's been doing, we don't have that in final form 14 yet. So we'll pass. 15 Information Agenda. Status reports from 16 department heads. Do we have any? Don't see any. 17 Status reports from elected officials? 18 Status reports from liaison commissioners? 19 COMMISSIONER HARRIS: Well, the striping got 20 done out at the Event Center. I think that was a good 21 update improvement, and I've heard from a lot of people 22 it's about time. 23 COMMISSIONER BELEW: I notice that people 24 are already parking on it so it's just right. 25 COMMISSIONER HARRIS: It must have worked. 83 1 COMMISSIONER LETZ: All right. We do have a 2 couple of Executive Session items. We're going to go 3 into closed session on Items 1.10 and 1.12 under 4 551.071, consultation with attorney, and 551.074 for 5 personnel matters. And also go in under Executive 6 Session under Item 4.1 on the agenda, personnel issues 7 regarding Road & Bridge Department. So take maybe a 8 five minute break and come in for closed session. 9 (Break) 10 COMMISSIONER LETZ: Everybody ready? All 11 right. Let's go with -- deal with item -- I don't even 12 know where my agenda is anymore. It's in one of these 13 stacks. Here it is. 14 First, we'll go to 4.1, personnel issues 15 regarding Road & Bridge Department. And I'll make a 16 motion that we adjust the step and grade schedule as 17 briefly presented by Road & Bridge Department that will 18 be raising all employees that have a CDL by two grades 19 and two steps. 20 COMMISSIONER PACES: I'll second. 21 MRS. DOWDY: Effective? I'm sorry. 22 COMMISSIONER BELEW: Effective on the -- 23 MRS. DOWDY: Did you say there was an 24 effective date? 25 COMMISSIONER BELEW: -- first full pay 84 1 period. 2 COMMISSIONER LETZ: This will be effective 3 for the 2024 budget, which will be the first pay 4 period -- or second pay period of October. 5 COMMISSIONER BELEW: Yes. 6 COMMISSIONER LETZ: And partial payment on 7 the first pay period. And Miss Auditor, since you were 8 not here on the discussion, this will mean that some of 9 those employees may get slightly over ten percent COLA 10 increase. You know, we talked about a ten percent 11 increase, some will be slightly more. The old schedule 12 had them moving up three steps. This is going to be 13 going up two grades and then over two steps. 14 Budget-wise, it will -- the estimate that we 15 have is it will be about a $25,000 increase; however, 16 due to anticipated retirements it'll be more than paid 17 for just by that one retirement. 18 Anyway, any further discussion on that item? 19 All in favor say aye. Okay. It's unanimous. 20 And then on Item 1.10 -- I'm going to get 21 rid of all this stuff. That's all Road & Bridge there. 22 Was it 1.10 or 1.12? 23 MRS. DOWDY: 1.10. 24 COMMISSIONER PACES: Both. 25 MRS. DOWDY: Both. 85 1 COMMISSIONER BELEW: Altogether -- 2 MRS. STEBBINS: You talked on both of them 3 to consider them after closed session. 4 COMMISSIONER LETZ: But the one that we're 5 rescinding is -- 6 COMMISSIONER HARRIS: Rescinding is 1.10. 7 MRS. STEBBINS: 1.10. That's right. With 8 that order. 9 COMMISSIONER PACES: 30866. 10 COMMISSIONER LETZ: Right. 11 COMMISSIONER HARRIS: The rescinding is 12 1.12. 13 COMMISSIONER LETZ: Yeah, but this is the 14 County -- let's do 1.10 -- 15 COMMISSIONER HARRIS: Yeah, you're right. 16 COMMISSIONER LETZ: -- is a court order. 17 I'll make a motion that we rescind Court Order 30866, 18 transferring the duties and functions of the County 19 Clerk in connection with the conducting of elections. 20 And we have a prepared order from the Secretary of 21 State, I guess is where it came from, to do that -- to 22 make this change. That's that motion. 23 COMMISSIONER HARRIS: Second. 24 COMMISSIONER LETZ: Any further discussion? 25 COMMISSIONER HARRIS: Clear as mud. 86 1 COMMISSIONER LETZ: Clear as mud. Is that 2 correct? Are we going to need a another motion and a 3 second on that agenda item? 4 MRS. STEBBINS: It's okay. 5 COMMISSIONER LETZ: All right. All in favor 6 say aye. It's unanimous. 7 Then on the same agenda item, I'll make a 8 motion that during this transition the current Elections 9 Department will be the lead group to conduct that 10 election, with the new elections department under the 11 County Clerk's office to be trained during that 12 election, and then in the primaries next year, that lead 13 will be taken over by the County Clerk's new election 14 department, with training as needed, and assistance from 15 the current Elections Department. Is that right? 16 MRS. STEBBINS: That covers it. 17 COMMISSIONER HARRIS: Second. 18 COMMISSIONER LETZ: I have a motion and a 19 second. Any further discussion on that item? All 20 right. All in favor say aye. 21 And then under Item 1.12, I'll make a motion 22 that we approve the election central counting personnel 23 as provided by the new election -- or County Clerk with 24 the new Elections Department. And that -- and by doing 25 this -- well, that's it. 87 1 MRS. STEBBINS: Did you include -- I'm 2 sorry. Maybe I missed this part. Rescinding Order 3 40158? 4 COMMISSIONER LETZ: We're not going to 5 rescind that one. We're going to keep both those 6 groups. 7 MRS. STEBBINS: Okay. 8 COMMISSIONER HARRIS: Right. Second. 9 COMMISSIONER LETZ: Okay. Got a motion and 10 a second to approve the personnel for an additional 11 group of personnel for the elections central counting 12 office. 13 MRS. DOWDY: I would remove my name from 14 that list. 15 COMMISSIONER LETZ: Okay. I'll accept that 16 amendment. Is that all right with you? 17 COMMISSIONER HARRIS: Yeah. 18 COMMISSIONER LETZ: Okay. Any further 19 discussion on that item? All in favor say aye. All 20 right. It's unanimous. 21 And with that, unless we have something 22 else, we're adjourned. 23 * * * * * * 24 25 88 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 10th day of October, A.D. 10 2023. 11 12 /s/DEBRA ELLEN GIFFORD Certified Shorthand Reporter 13 No. 953 Expiration Date 04/30/2025 14 * * * * * * 15 16 17 18 19 20 21 22 23 24 25