1 1 2 3 KERR COUNTY COMMISSIONERS' COURT 4 Regular Session 5 Monday, November 13, 2023 6 9:00 a.m. 7 Commissioners' Courtroom 8 Kerr County Courthouse 9 Kerrville, Texas 78028 10 11 12 13 14 15 16 17 18 19 20 21 22 23 PRESENT: ROB KELLY, Kerr County Judge ANNE OVERBY, Commissioner Precinct 1 24 RICH PACES, Commissioner Precinct 2 JONATHAN LETZ, Commissioner Precinct 3 25 DON HARRIS, Commissioner Precinct 4 2 1 I-N-D-E-X 2 NO. PAGE 3 *** Commissioner's Comments. 9 4 1.1 Consider, discuss and take appropriate 11 action to approve bond for Kerr County 5 Clerk, Ian Collum. 6 1.2 Recognize Precinct 3 Constable, Paul 13 Gonzales for completing Leadership College. 7 1.3 Consider, discuss and take appropriate 16 8 action on request from the Jewish Community of the Hill Country to use the courthouse 9 grounds for a Hanukkah Menorah Lighting Ceremony on December 10, 2023 from 6:00 p.m. 10 to 7:00 p.m. 11 1.4 Consider, discuss and take appropriate 17 action on request to use the Kerr County 12 Courthouse grounds for the Cowboy Breakfast, sponsored by the Kerr County Stock Show 13 Association. The Cowboy Breakfast will be from 6:00 a.m. to 7:45 a.m., January 2, 2024. 14 1.5 Annual report from the Kerr County Sexual 20 15 Assault Response Team(SART). 16 1.6 Consider, discuss and take appropriate 24 action on request to approve the "Kerr 17 County Jury Selection Plan" to comply with Chapter 62 of Texas Government Code. County 18 Judge and Commissioners to sign plan as presented. This plan shall supersede any 19 plan previously adopted, and Plan to be filed with the Secretary of State on or before 20 December 1, 2023. 21 1.7 Consider, discuss and take appropriate 26 action to approve Master Service Agreement 22 with Pictometry International Corp. d/b/a EagleView for aerial photography and cloud 23 based access to same. 24 1.8 Consider, discuss and take appropriate 29 action regarding the State-Mandated 25 Cybersecurity Training courses offered by the Texas Association of Counties(TAC). 3 1 I-N-D-E-X 2 NO. PAGE 3 1.9 Consider, discuss and take appropriate 31 action on request from the City of 4 Kerrville Main Street Advisory Board and the Kerr County Historical Commission to 5 place signage recognizing the Kerr County Courthouse as part of the downtown walking 6 tour project at no cost to the county. 7 1.10 Consider, discuss and take appropriate 33 action to approve contracts with CASA 8 (Court-Appointed Special Advocates), K'Star, Dietert Center, Turtle Creek Volunteer Fire 9 Department, Center Point Volunteer Fire Department, and Tierra Linda Volunteer Fire 10 Department. 11 1.11 Consider, discuss and take appropriate 34 action to set the Kerr County Christmas 12 Party for December 15, 2023. 13 1.12 Consider, discuss and take appropriate 35 action on Implementation of the Burn Ban. 14 1.13 Consider, discuss and take appropriate 38 15 action regarding Interlocal Agreement for the improvement of Al Mooney Road from its 16 intersection with Peterson Farm Road to its intersection with Memorial Boulevard(SH 27) 17 and a portion of Peterson Farm Road from its 300 block to its intersection with Al Mooney 18 Road. 19 1.29 Update regarding current and future grant 44 opportunities for Kerr County Sheriff's Office. 20 1.30 Consider, discuss and take appropriate 48 21 action to accept the OOG(Office of the Governor) Grant Award (Grant Number 4587302) 22 for the Kerr County Sheriff's Office Operation Lone Star(OLS) FY 2024. 23 1.31 Consider, discuss and take appropriate 53 24 action to approve the reclassification of an open correctional officer position to a 25 Crime Analyst/Digital Forensic Examiner at the pay grade of 22. 4 1 I-N-D-E-X 2 NO. PAGE 3 1.14 Public Hearing for a revision of plat for 67 Village West Industrial Park Phase 3, Lot 1, 4 Volume 5, Page 224. 5 1.15 Consider, discuss and take appropriate 67 action to add Tucker Street from Riverside 6 Drive to SH 27, approximately 378 linear feet, to Kerr County's list of publicly maintained 7 roads. 8 1.16 Consider, discuss and take appropriate 69 action to abandon, vacate, and discontinue 9 Tucker Street, in exchange for a dedication of a recreational easement from the adjacent 10 landowner to the City of Kerrville for the Veterans Pathway Sidewalk Project. 11 1.17 Consider, discuss and take appropriate 76 12 action for the Court to approve and authorize the County Judge to execute a professional 13 engineering services contract with Tetra Tech, Inc. for a safety analysis and master plan for 14 Eagle Ridge Road in the amount of $93,300.00. 15 1.18 Consider, discuss and take appropriate 92 action for the Court to authorize the County 16 Engineer to establish standards for the issuance of driveway permits for private 17 installation and maintenance of mailbox clusters in county right of way. 18 1.19 Consider, discuss and take appropriate 107 19 action regarding a final plat for Yellow Roses Estates and the acknowledgement of 20 completion of associated construction of private roads and drainage. 21 1.20 Consider, discuss and take appropriate 109 22 action for the Court to set a public hearing for 10:00 a.m. on December 27, 2023 for a 23 revision of plat for Kamira Lots 19 and 22, Volume 5, Page 186. 24 25 5 1 I-N-D-E-X 2 NO. PAGE 3 1.21 Consider, discuss and take appropriate 110 action for the Court to set a public hearing 4 for 10:00 a.m. on December 27, 2023 for a partial cancellation to a revision of plat 5 for Montebello Estates Section 2 Lot 31, 21-10118. 6 1.22 Consider, discuss and take appropriate 112 7 action for the Court to set a public hearing for 10:00 a.m. on December 27, 2023 for a 8 partial cancellation and revision of plat for YO Ranch Headquarters Tracts 15, 16, 21 9 and 25, Plat File #23-00909. 10 1.23 Consider, discuss and take appropriate 113 action on request to surplus office 11 furniture from the Hill Country Regional Public Defender's Office. 12 1.24 Consider, discuss and take appropriate 114 13 action for Commissioners' Court approval to surplus two John Deere tractors. 14 1.25 Consider, discuss and take appropriate 115 15 action for Commissioners' Court approval for the Road & Bridge Department to purchase 16 two new John Deere 5075E 2WD Cab Tractors and trade in two John Deere 5090E 4WD Cab 17 Tractors. 18 1.26 Consider, discuss and take appropriate 117 action for Commissioners' Court approval 19 for the Road & Bridge Department to transfer a bucket truck, wood chipper, and water truck 20 to another Kerr County Department. 21 1.27 Consider, discuss and take appropriate 120 action to approve a standard rental service 22 agreement with CINTAS. This agreement is for uniform service and would go into effect 23 on December 1, 2023. 24 25 6 1 I-N-D-E-X 2 NO. PAGE 3 1.28 Consider, discuss and take appropriate 123 action for Commissioners' Court approval 4 of the general contract with Interstate Barricades & Markings regarding road 5 striping on Scenic Hills Rd. N. and Scenic Valley Rd. N. 6 1.32 Discussion regarding Christmas tree lighting 124 7 responsibilities for tree located on the courthouse grounds. 8 5.1 Action as may be required on matters 133 9 discussed in Executive Session. 10 1.13 Consider, discuss and take appropriate 133 action regarding Interlocal Agreement for 11 the improvement of Al Mooney Road from its intersection with Peterson Farm Road to its 12 intersection with Memorial Boulevard(SH 27) and a portion of Peterson Farm Road from its 13 300 block to its intersection with Al Mooney Road. 14 1.33 Consider, discuss and take appropriate 135 15 action to clarify and amend General Provisions, Paragraph 4. 16 2.1 Budget Amendments. 137 17 2.2 Pay Bills. 138 18 2.5 Accept Monthly Reports. 138 19 2.6 Court Orders. 139 20 3.1 Status reports from Department Heads. 140 21 *** Adjournment. 146 22 *** Reporter's Certificate. 147 23 * * * * * * 24 25 7 1 JUDGE KELLY: Court will come to order. It 2 is Monday, November the 13th, 2023. It's 9 o'clock in 3 the morning, and the Kerr County Court is now in 4 session. If you would, please stand for the prayer and 5 the pledge, which will be led by Commissioner Letz. 6 (Prayer and Pledge.) 7 JUDGE KELLY: Be seated. Remind everyone to 8 please turn your cell phones off or to vibrate so they 9 don't interrupt the proceedings. And the first order of 10 business that we do in regular Commissioners' Court 11 meetings is public input. If you want to talk about 12 something that has an agenda item, wait until that item 13 is called. If it's not on the agenda then this will be 14 the opportunity for public input. Remember, this is 15 just input. We don't get to have any response. And we 16 ask that you identify yourself and limit your remarks to 17 no more than three minutes. And the only one I've got 18 signed up is George Baroody. 19 MR. BAROODY: George Baroody, 1616 Glen 20 Road. So, you had asked me what brought me in today. 21 Well, it was a letter being -- that I had seen on 22 Facebook regarding a situation regarding past, but it 23 informs kind of maybe what you should be doing in the 24 future. 25 You know, through the whole Precinct 1 8 1 Commissioner issue, we kept -- people kept asking things 2 of the Court, and Judge, you've been telling -- you were 3 telling us all that, you know, it's out of our hands. 4 There's nothing -- we won't have anything to do here. 5 And then we find that -- we hadn't seen if you actually 6 were doing something, effective or not, nobody's ever 7 going to know. 8 But the disserving part of it was that the 9 letter says you were requesting information -- in 10 theory, you were requesting information, an update of 11 the situation, from the D.A.'s office and you make the 12 statement that if -- if this isn't resolved locally, we 13 need to send it to the Attorney General's Office. And 14 you say "we need." That's including you. And that 15 inserts you into the directive of what needs to happen 16 in a case that you were publicly stating you had nothing 17 to do with. 18 In the future, one, again, I've said it 19 before, if you don't have anything to do with it then 20 refer the people to the place that does rather than say 21 something about it. And the other is, don't get 22 involved in it if you're not supposed to be. I'm not 23 really sure what lawyer ethics are involved here, but my 24 guess is one got crossed when you're reaching out to 25 something and, I think, I don't know what they are so 9 1 there's really no issue there. But I will tell you as a 2 voter of Precinct 1, the way that whole situation has 3 been handled where we effectively were disenfranchised 4 and replaced by the vote of one person, which ultimately 5 was you, to find out that you were attempting to direct 6 it, is more than a little disturbing, and I'm hoping 7 somebody does a little more pertaining to that as well. 8 Thank you. 9 JUDGE KELLY: Any other public input? With 10 that, we'll move on to Commissioners' Comments. And we 11 traditionally do this with Precinct 1 going first, so 12 this will be your first opportunity to offer comment to 13 the public. 14 COMMISSIONER OVERBY: And you could have 15 warned me that I was going to have to do that this 16 morning. 17 COMMISSIONER LETZ: You can say you have no 18 comments. 19 JUDGE KELLY: This goes on at every meeting. 20 COMMISSIONER OVERBY: Well, I was fortunate 21 to attend a veterans service over at Saint Peters on 22 Friday night. Enjoyed seeing everybody there. And I 23 wanted to say one more thank you for all of our 24 veterans. And I look forward to representing 25 Precinct 1. Happy to be here. Thank you. 10 1 JUDGE KELLY: Precinct 2. 2 COMMISSIONER PACES: Hey, we're very 3 grateful for the rain and, as Commissioner Letz said, 4 we're praying for more. I'm glad to see that the County 5 is now in drought stage three. 6 I had the privilege of attending the VA car 7 show that was over at the VA hospital and it was, I 8 think, a very successful event. They had a good 9 turnout, despite what was not the best of weather for 10 it. So it was an opportunity to thank all of our 11 veterans for their service, which I'll reiterate again. 12 Thank you. 13 And I was able to talk to the group a little 14 bit about our upcoming sidewalk project, the Veterans 15 Pathway. And so that was received nicely and we look 16 forward to hopefully that project being concluded by 17 Memorial Day. And that's really all I have. 18 JUDGE KELLY: Okay. Precinct 3. 19 COMMISSIONER LETZ: I don't have really a 20 whole lot. Just I want to thank our maintenance staff 21 for working on the Christmas decorations on the 22 courthouse square. And that's being done with the 23 absence of Mike Grinstead, who usually does that or kind 24 of takes the lead on that. But Shane and his group are 25 taking care of that. 11 1 And the other thing is that you said being a 2 Longhorn, I have to smile a little bit that the Aggies 3 are without a coach again. 4 COMMISSIONER HARRIS: A rich coach. 5 JUDGE KELLY: 76 million dollars. 6 COMMISSIONER PACES: I didn't get the update 7 on that. 8 COMMISSIONER LETZ: That's it. 9 COMMISSIONER HARRIS: All right. Well, 10 y'all checked an awful lot of boxes already. But I 11 dumped out six-tenths of an inch out of the rain gauge 12 this morning here at the courthouse. About the same as 13 I had at the house. 14 Friday I had the opportunity to go to the 15 ribbon cutting for Schreiner University's aviation 16 program. And there's a -- it was a good turnout. And 17 we're all excited about that new adventure for them. 18 And that's about all. I would say that with 19 the holidays coming up, Thanksgiving around the corner, 20 I encourage everybody to drive safely. I know there 21 will be a lot of traffic. So that's it, Judge. 22 JUDGE KELLY: Okay. So let's move on to the 23 Consideration Agenda. First item of business is 24 Item 1.1 Consider, discuss and take appropriate action 25 to approve the bond for Kerr County Clerk, Ian Collum. 12 1 We just received that less than 15 minute ago. 2 COMMISSIONER HARRIS: Hot off the press. 3 COMMISSIONER PACES: You don't even know to 4 put it on the agenda. 5 JUDGE KELLY: Well, we were hoping to get it 6 in time. 7 COMMISSIONER HARRIS: I'll move for 8 approval. 9 COMMISSIONER PACES: Second. 10 JUDGE KELLY: Okay. So we've got a motion 11 and a second to approve the bond as presented. Any 12 discussion? Those in favor say aye. Opposed? With 13 that, I'm going to step down front. And Ian, if you 14 would, I see your father's here. And I don't see your 15 mother. 16 MR. COLLUM: She was busy this morning. 17 JUDGE KELLY: I know there will be some 18 photographs taken so everybody get ready. 19 Okay. Let's get you right here in front, 20 Ian. I'm going to put your pen in your hand because 21 you're going to need it and you can put it there on the 22 table if you want. There are two oaths that we have to 23 give and I'm going to give the less important one first. 24 Okay. Because this is not the one you're going to take 25 a photograph with. 13 1 (Judge Kelly swore in Ian Collum as Kerr 2 County Clerk.) 3 JUDGE KELLY: Congratulations. 4 (Applause.) 5 JUDGE KELLY: I have in this folder here 6 your bond, which you'll need to take back and have one 7 of your clerks notarize your signature. 8 MR. COLLUM: Absolutely. Yeah, absolutely. 9 JUDGE KELLY: And you get the paperwork all 10 here. I'll just give you that package. 11 MR. COLLUM: Thank you. I appreciate you 12 very much, sir. 13 JUDGE KELLY: Welcome back to your seat. 14 Okay. Item 1.2 on the agenda is to 15 recognize Precinct 3 Constable Paul Gonzales for 16 completing the Leadership College. Ms. Hernandez. 17 MS. HERNANDEZ: Good morning. I'm going to 18 read this little thing. Kerr County Constable for 19 Precinct 3, Paul Gonzales, was part of class No. 18 at 20 the Bill Blackwood Law Enforcement Management Institute 21 of Texas, which is under the Criminal Justice Center at 22 Sam Houston State University in Huntsville. The program 23 is completed in ten modules equaling 100 hours of 24 instruction that was broken up during the months of 25 January, April, and October. Some of the topics covered 14 1 were team building, conflict resolution, community 2 engagement, internal affairs investigations, just to 3 name a few; otherwise, we would be here for awhile. 4 Class No. 18 graduated on Friday, October 5 the 27th with 23 participants. Paul Gonzales of 6 Precinct 3 now joins an elite two percent of the state's 7 constables to graduate from the program. Please join us 8 in congratulating Paul Gonzales. 9 (Applause.) 10 JUDGE KELLY: I'm asking Paul to step up to 11 the podium so the public can see him on YouTube. Those 12 of you who are in the courtroom can see him. And I want 13 you to see the uniform that he's designed for 14 Precinct 3. Very sharp. Paul has really stepped up -- 15 MR. GONZALES: Thank you. 16 JUDGE KELLY: -- as our Constable of 17 Precinct 3. Really appreciate it. 18 MR. GONZALES: Thank you for your support. 19 Thank you for the citizens in the courtroom. I am 20 honored to have been selected for the Texas Constable 21 Leadership College and I just -- I'm very humbled for 22 the recognition and there's still a lot of work to be 23 done in the Constable's office. And I look forward to 24 continuing to serve the citizens of this County. 25 It just so happens that this year is my 30th 15 1 year in serving as a public servant. And so I -- I'm 2 very proud of that. I will have some news here in the 3 near future regarding the patch that was designed for 4 the Constables of Kerr County. 5 But I do want to share a powerful, powerful 6 quote from a noteworthy leader. And that is, "Do not 7 follow where the path may lead; go instead where there 8 is no path and leave a trail." And that's from Ralph 9 Waldo Emerson. So that is my mission, is to continue to 10 grow, professional development and in order to do that, 11 you know, must attend trainings to stay on top of what's 12 now become a revolving law enforcement career with all 13 the changes that law enforcement takes every year. So I 14 thank you all for the recognition. Thank you. 15 COMMISSIONER LETZ: Thank you, Paul. 16 JUDGE KELLY: And for those of you that 17 don't know, Paul taught the Citizens Police Academy and 18 actually taught me many years ago. Very, very good 19 leader. 20 MR. GONZALES: Thank you. 21 MS. HERNANDEZ: Judge, if I could have you 22 present the plaque. 23 COMMISSIONER HARRIS: There's a plaque to 24 present. 25 JUDGE KELLY: Where's the plaque? 16 1 MS. HERNANDEZ: Right down there. 2 JUDGE KELLY: Okay. 3 (Plaque presentation.) 4 JUDGE KELLY: Item 1.3 consider, discuss and 5 take appropriate action on the request from the Jewish 6 Community of the Hill Country to use the courthouse 7 grounds for a Hanukkah Menorah Lighting Ceremony on 8 December 10, 2023 from 6:00 p.m. to 7:00 p.m. Greg 9 Bitkower. 10 MR. BITKOWER: Good morning. We would like 11 to do this. This will be our 5th or 6th time to do 12 this. And this year will be a little bit different, 13 because this actually is the 40th Anniversary of the 14 Jewish Community of the Hill Country and I'm actually 15 the remaining founding member as a matter of fact. So 16 this is going to be a very important year for us, and 17 it's a community-wide attended celebration, and it lasts 18 about an hour. 19 And I think this year the Kerrville Board of 20 Realtors is going to be serving hot coffee and hot 21 chocolate and so on. That's something we hadn't done 22 before. And four members of the New Buddy Holly Band 23 Family will be providing live music, just by chance as a 24 matter of fact. 25 So we had discussed in our last board 17 1 meeting talking and asking to either get a couple of 2 Sheriff's deputies or police officers on-site, that that 3 might be a safe idea to at least consider, and I can 4 contact them myself, but it will be advertised so the 5 whole community is certainly welcome. 6 And the Menorah, we had made a year or so 7 ago in Israel. It's 12 feet high. And last year was 8 the first year it went up. And so it stays up through 9 the end of the year like all the Christmas decorations. 10 So we just ask for approval to move forward and do that. 11 COMMISSIONER HARRIS: I move for approval. 12 COMMISSIONER LETZ: Second. 13 JUDGE KELLY: Got a motion and a second to 14 approve use of courthouse grounds for the Jewish 15 Community of the Hill Country's Hanukkah Memorial 16 Lighting Ceremony on December the 10th. Any discussion? 17 COMMISSIONER HARRIS: This year's important 18 in a lot of different ways. 19 JUDGE KELLY: I agree completely. We'll be 20 there for you. With that, those in favor say aye. 21 Opposed? Unanimous. 22 Moving on to item -- thank you, Greg. 23 MR. BITKOWER: Thank you. 24 JUDGE KELLY: Moving on to Item 1.4, which 25 is consider, discuss and take appropriate action on a 18 1 request to use the Kerr County Courthouse grounds for 2 the Cowboy Breakfast, sponsored by the Kerr County Stock 3 Show Association. The Cowboy Breakfast will be from 4 6:00 a.m. to 7:45 a.m. on January 2nd. And Kristan 5 Weaver, you don't look the same. 6 MR. McILVAIN: Kristan was unavoidably -- 7 she's on the road delivering livestock this morning. My 8 name's Charlie McIlvain. I live at 128 Mesa Del Sol 9 here in Kerrville. I'm the co-chair of the Cowboy 10 Breakfast and after a three-year hiatus beginning with 11 COVID, we -- the breakfast is coming back on January 12 2nd. The public is invited. 13 Our intent is to return to the traditional 14 Christmas -- or traditional cowboy breakfast, including 15 hosting the event here at the Kerr County Courthouse. 16 And I'm here this morning to request the use of the 17 courthouse parking lot and the grounds on the morning of 18 January 2nd for that purpose. 19 COMMISSIONER LETZ: Move for approval. 20 COMMISSIONER HARRIS: Second. 21 COMMISSIONER PACES: Second. 22 JUDGE KELLY: Got a motion and a second to 23 approve the use of courthouse grounds for the Cowboy 24 Breakfast on January the 2nd. And Commissioner Overby, 25 you need to know -- 19 1 COMMISSIONER OVERBY: Do I need to practice 2 my chow chip? 3 JUDGE KELLY: You need -- there will be 4 games. 5 COMMISSIONER OVERBY: Okay. 6 MR. McILVAIN: One thing I was going to 7 bring up is that as I mentioned, we are returning to the 8 conventional Cowboy Breakfast, which includes cow chip 9 tossing -- 10 COMMISSIONER OVERBY: Okay. 11 MR. McILVAIN: -- and wild goat milking. 12 COMMISSIONER OVERBY: Oh. 13 MR. McILVAIN: And so we encourage the 14 Commissioners to participate in the cow chip toss this 15 year and challenge the Kerrville City Council on that 16 task. 17 COMMISSIONER HARRIS: That's a lot better 18 than those bouncy toys we had that year. 19 MR. McILVAIN: Well, you got a reprieve on 20 the bouncy things. 21 COMMISSIONER OVERBY: Do we get to pick one 22 or the other? Can we do the cow chip or the -- 23 COMMISSIONER HARRIS: I'm the reigning 24 champion, so I'll -- 25 JUDGE KELLY: We are there for the public's 20 1 entertainment. 2 COMMISSIONER OVERBY: Oh. Dress 3 appropriate. 4 MR. McILVAIN: Yes. You bet. Thank you. 5 COMMISSIONER LETZ: Thank you, Charlie. 6 JUDGE KELLY: We need to vote on that. 7 We've already got a motion and a second. Those in favor 8 say aye. Unanimous. 9 Moving on to Item 1.5, this is an annual 10 report from the Kerr County Sexual Assault Response 11 Team. And I've already thanked them personally. These 12 people have done Gilman's duty. Let me tell you. 13 MS. OLDEN: Good morning. I'm Kim Olden 14 from Hill Country Crisis Council. This event, for those 15 of you who do not know, Hill Country Crisis Council is 16 your local services for survivors of sexual assault and 17 domestic violence and Kids Advocacy Place is your local 18 children's advocacy center that helps children who have 19 outcried sexual abuse. And I'm here to present the 20 first biannual report for Kerr County's Sexual Assault 21 Response Team. 22 Just to give a little bit of history, Senate 23 Bill 476 took effect September 1st, 2021, and that 24 requires every Texas County to form a Sexual Assault 25 Response Team with the goal of creating statewide 21 1 infrastructure of resources, awareness, connection, and 2 coordination to address sex crimes locally. Texas Local 3 Government Code, Chapter 351, Subchapter J, requires 4 each Commissioners' Court of the county to establish an 5 Adult Sexual Response Team, or SART, who report to the 6 Court at the end of each odd-numbered year. 7 A SART is a formalized coordinated response 8 to sexual assault that allows multi-disciplinary 9 professionals to coordinate and develop interagency 10 responses to address sexual assault and to provide 11 wraparound victim support to victims of this crime. And 12 there are five mandatory components of a SART and those 13 are City and County law enforcement, medical services, a 14 rape crisis center, mental health services, and 15 prosecution. 16 Our Kerr County SART began formation July of 17 2022 with the Honorable Judge Kelly, Pam Peter, Heather 18 Stebbins, Suzanne Tomerlin and myself, reviewing the 19 requirements set forth by the legislature and 20 strategizing a plan and we worked to craft initial 21 protocols for the SART and we did the legwork to foster 22 participation from all the required members. And the 23 first formal Kerr County SART meeting was held January 24 11th of this year and has since met quarterly on the 25 second Wednesday of the month at 10:00 a.m. in the 22 1 Sheriff's Office training room. 2 Official members of our Kerr County SART are 3 Aubri Reed, and Chae Spencer from Mercy Gate Ministries, 4 Carl Arredondo from the Kerr County Sheriff's 5 Department, Jonathan Cline from Kerrville Police 6 Department, Lisa King and Wendy Stone from Peterson 7 Health, District Attorneys Lucy Wilke and Stephen 8 Harpold, and Suzanne Tomerlin and myself from Hill 9 Country Crisis Center. 10 Highlights from the biannual report, which 11 I'm prepared to submit, are of all the members involved, 12 we all had an observed increase and report of sexual 13 assault, both formally to law enforcement and informally 14 to Peterson, Mercy Gate Ministries and Hill Country 15 Crisis Council. 16 Secondly, we noted an increase in the number 17 of elderly reports of sexual assault and advocacy 18 services requested by elderly survivors. Law 19 enforcement and Peterson both report that having Hill 20 Country Crisis Council advocates present at their sexual 21 assault nursing exams and at law enforcement interview 22 are helpful for both the victim and the provider, and 23 from January to September of '23, the following offices 24 provided services: The Kerrville Sheriff's office 25 responded to 17 survivors of sexual assault, 15 female 23 1 and two male. The Kerrville Police Department responded 2 to 14 survivors, all female. Mercy Gate Ministries 3 provided services to 77 survivors, all female. Peterson 4 Hospital provided medical and/or sexual assault nurse 5 exam services to seven adult survivors, six females and 6 one male, and Hill Country Crisis Council provided 7 counseling and advocacy to 55 Kerr County survivors, 52 8 females and four males, and provided emergency shelter 9 to eight of those survivors. Any questions? 10 COMMISSIONER LETZ: Thank you very much. 11 JUDGE KELLY: And if you will recall, this 12 was a legislative mandate that I didn't know about until 13 they brought it to my attention and by then we were 14 already six months late in getting it put together. So 15 this has been a real hustled effort to get it done and 16 get the report off to the state. 17 MS. OLDEN: And we did. 18 JUDGE KELLY: We did. You did. Thank you. 19 COMMISSIONER OVERBY: Sounds like you did a 20 good job. 21 JUDGE KELLY: And it's just a report. 22 There's nothing for us -- no action for us to take. 23 MS. OLDEN: No action for you to take. Can 24 I give this to you? Here you go. Thank you. 25 COMMISSIONER LETZ: Thank you. 24 1 JUDGE KELLY: Thank you. 2 Okay. Then the next item on the agenda is 3 1.6 consider, discuss and -- 4 COMMISSIONER LETZ: Hang on. Should we 5 accept it even though we don't have any action on it? 6 It's actually going to the State -- is it filed under 7 the State or is it kept locally? 8 JUDGE KELLY: The statute has us sending it 9 to the State so we weren't even directed to do it. But 10 we can accept it. 11 COMMISSIONER LETZ: It wouldn't hurt. 12 JUDGE KELLY: Okay. 13 COMMISSIONER LETZ: I'll make a motion that 14 we accept the Kerr County Sexual Assault Response Team 15 report. 16 COMMISSIONER OVERBY: I second that motion. 17 JUDGE KELLY: Okay. We've got a motion and 18 a second to accept that SART report as presented. Any 19 discussion? Those in favor say aye. Opposed? 20 Unanimous. 21 Now we'll move on to Item 1.6 consider, 22 discuss and take appropriate action on a request to 23 approve the Kerr County jury selection plan to comply 24 with Chapter 62 of the Texas Government Code. County 25 Judge and Commissioners to sign plan as presented. This 25 1 plan shall supersede any plan previously adopted and 2 Plan to be filed with the Secretary of State on or 3 before December 1 of this year. Ms. Lantz. 4 MRS. LANTZ: Good morning, Judge, 5 Commissioners. This is something that has become 6 forefront that we do have to have a jury plan, which we 7 did have a jury plan on file, it's just been outdated. 8 But now the State is requiring us to file a plan with 9 them every year, if it has any changes. So I'm just 10 requesting the Court to accept our plan. 11 JUDGE KELLY: And it's signed by all of us. 12 MRS. LANTZ: And it's been signed by the 13 district judges as well. 14 JUDGE KELLY: It will be. Okay. 15 COMMISSIONER PACES: I'll move to approve 16 the Kerr County jury selection plan as presented. 17 COMMISSIONER OVERBY: I'll second. 18 COMMISSIONER LETZ: Second. 19 JUDGE KELLY: Oh. You second? 20 COMMISSIONER OVERBY: I'll second that. 21 JUDGE KELLY: Got a motion and a second. 22 COMMISSIONER PACES: That's her second 23 second. 24 JUDGE KELLY: Yeah, second second. Of the 25 Kerr County jury selection plan. Any discussion? Those 26 1 in favor say aye. Opposed? Unanimous. 2 Thank you, Miss Lantz. 3 MRS. LANTZ: And also it was reviewed by the 4 County Attorney, so -- 5 JUDGE KELLY: Yes. 6 Item 1.7 consider, discuss and take 7 appropriate action to approve a Master Service Agreement 8 with Pictometry International Corporation d/b/a 9 EagleView for aerial photography and cloud based access 10 to same. Scott Lambert. 11 MR. LAMBERT: Yes. 12 JUDGE KELLY: I did not know what Pictometry 13 was. 14 MR. LAMBERT: Okay. So EagleView provides 15 pictures of the County at different resolutions and the 16 City. So this will be a multi -- a multi-group contract 17 with the City, KAD -- 18 COMMISSIONER OVERBY: KPUB. 19 JUDGE KELLY: KPUB? 20 MR. LAMBERT: Yeah, KPUB. And -- and 21 they'll all be using it. Now the entities in the County 22 that use it, Environmental Health, Road & Bridge, 23 Engineering, Tax -- 24 JUDGE KELLY: And I think our VFDs do too, 25 don't they? 27 1 SHERIFF GAIGE: Sheriff's Office. 2 MR. LAMBERT: Sheriff's Office, yeah. But 3 what this is, is this is an add-on to the existing 4 contract and it will replace the remaining three years 5 of the existing contract and give us another six years. 6 You might want to know, there is a price 7 difference paid over the years, but it's been reviewed 8 by the County Attorney, it's just, you know, a change in 9 price and a change in the years that are coming. 10 COMMISSIONER HARRIS: What's the change of 11 price again? 12 MR. LAMBERT: $12,699 per year. That will 13 be paid out over the next six years. 14 COMMISSIONER PACES: What was the old price? 15 MR. LAMBERT: Nine and change. I'd have to 16 find the exact number. 17 JUDGE KELLY: It went up $3,000.00 a year? 18 MR. LAMBERT: Yes. Much higher in 19 resolution. They are stepping up the resolutions. And 20 that really helps for -- you know, the County 21 resolution -- you know, is that a tree or a telephone 22 pole. That's where it helps in that. 23 COMMISSIONER HARRIS: Sheriff, have you 24 looked at this new and improved plan? 25 SHERIFF LEITHA: No, I haven't. 28 1 MR. LAMBERT: Well, it's -- you know, it's 2 the same engine, it's web-based. Everyone in the County 3 with an account can log into it and look at it. Like I 4 said, it's something that gets used extensively. 5 COMMISSIONER LETZ: Road & Bridge uses it 6 daily. 7 JUDGE KELLY: Sure. 8 COMMISSIONER LETZ: I'll move for approval. 9 COMMISSIONER PACES: I'll second. 10 JUDGE KELLY: Got a motion and a second to 11 approve the Master Service Agreement with EagleView as 12 presented. 13 COMMISSIONER LETZ: Just a quick question. 14 I presume that by all the entities going together it 15 saves us -- 16 MR. LAMBERT: Quite a bit. 17 COMMISSIONER LETZ: -- quite a bit of money 18 rather than us doing it -- 19 MR. LAMBERT: Yeah. They -- they pay the 20 same amount. 21 COMMISSIONER LETZ: Okay. 22 COMMISSIONER PACES: I guess -- it's pretty 23 pricey but the total is 63,000? 24 COMMISSIONER LETZ: Yeah. 25 COMMISSIONER OVERBY: Yeah, so each of us 29 1 are paying the 12,000? 2 MR. LAMBERT: That's right. 3 COMMISSIONER OVERBY: Yeah. To add up to -- 4 yeah. It's a good contract. 5 JUDGE KELLY: Any other discussion? Those 6 in favor say aye. Opposed? Unanimous. 7 Item 1.8 consider, discuss and take 8 appropriate action regarding the State-Mandated 9 Cybersecurity Training courses offered by the Texas 10 Association of Counties. Mr. Lambert. 11 MR. LAMBERT: So this is the same 12 cybersecurity course that we've been taking for the 13 last, I'd say, five or six years. 14 MR. MOTHERAL: Three. 15 MR. LAMBERT: Three? Only three? 16 MR. MOTHERAL: Yeah. 17 MR. LAMBERT: Yeah, everybody has to take it 18 that touches a County computer. It is a mandate. This 19 year it's going to cost money. 20 COMMISSIONER LETZ: Naturally. 21 MR. LAMBERT: So it'll be $5.00 per user. 22 So every employee that touches -- that is required to 23 take this course because of their job will need to take 24 it. So what I have here is -- 25 JUDGE KELLY: It's an unfunded mandate. 30 1 COMMISSIONER HARRIS: Yeah. You pay for 2 your torture. 3 MR. LAMBERT: So what I have here is just 4 the authorization. We'll have to get the final count on 5 numbers. But just to get the ball rolling, we have to 6 turn this in to the State. 7 COMMISSIONER OVERBY: Like so how many 8 employees do we have? 9 COMMISSIONER PACES: Is this online training 10 or is it in-person training? 11 MR. MOTHERAL: It's online. 12 MR. LAMBERT: It's online training. 13 COMMISSIONER LETZ: This has to be done by 14 June each year, correct? 15 COMMISSIONER HARRIS: Something like that. 16 It's quick, it's -- 17 JUDGE KELLY: But it's not all the 18 employees, it's just the ones that have computers. 19 COMMISSIONER LETZ: Which is most of them. 20 COMMISSIONER OVERBY: Pretty much all the 21 employees, I think. 22 MR. LAMBERT: Yeah. It's probably 96 23 percent. Especially with Road & Bridge. 24 COMMISSIONER HARRIS: Yeah. Road & Bridge, 25 a lot of them have e-mail accounts, so -- 31 1 COMMISSIONER LETZ: Did I make a motion? I 2 move for approval. 3 COMMISSIONER PACES: I'll second. 4 COMMISSIONER HARRIS: Second. 5 JUDGE KELLY: We've got a motion and a 6 second to approve the State-Mandated Cybersecurity 7 Training course as presented. Any discussion? Those in 8 favor say aye. Opposed? Unanimous. 9 COMMISSIONER LETZ: This is my last time I 10 have to do this. Bruce will be happy to hear that. 11 MR. MOTHERAL: Here we go. 12 JUDGE KELLY: Item 1.9 consider, discuss and 13 take appropriate action on a request from the City of 14 Kerrville Main Street Advisory Board and the Kerr County 15 Historical Commission to place signage recognizing the 16 Kerr County Courthouse as part of the downtown walking 17 tour project at no cost to the county. Commissioner 18 Overby. 19 COMMISSIONER OVERBY: Oh, I thought you said 20 Mr. Overby for a second, but you said Commissioner 21 Overby. 22 I'm familiar with -- 23 COMMISSIONER PACES: Do you prefer one over 24 the other? 25 COMMISSIONER OVERBY: Yeah. The City 32 1 reached out to me because I had served on this Kerrville 2 Main Street. This is a pretty cool project. There's a 3 lot of already historic buildings in Kerrville as part 4 of this walking tour. Visitors or constituents can walk 5 up and scan the QR code and get more information about 6 the building. It would be installed on the courthouse. 7 They probably would rather it be on a big corner. But 8 there is zero maintenance and zero cost to the County to 9 have it installed as part of this tour. 10 COMMISSIONER LETZ: Okay. Sounds good. 11 COMMISSIONER PACES: Did you make a motion? 12 COMMISSIONER OVERBY: I will make a motion 13 that we approve 1.9 for that. 14 COMMISSIONER LETZ: Second. 15 JUDGE KELLY: Got a motion and a second to 16 approve the request -- a request for the Kerr County 17 Courthouse to be included in the downtown walking tour. 18 COMMISSIONER LETZ: You might have mentioned 19 but have to get with Shane and maintenance as to where 20 they put it. 21 COMMISSIONER OVERBY: I was going to say, is 22 that -- is that our contact? Okay. Got it. 23 JUDGE KELLY: Anything on the courthouse 24 grounds goes to them. 25 COMMISSIONER OVERBY: Okay. Got it. Thank 33 1 you. 2 JUDGE KELLY: Okay. Those in favor say aye. 3 Opposed? Unanimous. 4 COMMISSIONER HARRIS: Judge, can I say 5 something real quick? 6 JUDGE KELLY: Sure. 7 COMMISSIONER HARRIS: And I should have done 8 this months ago. I -- there's a couple people that 9 watch us on YouTube that complain that we talk too soft 10 up here. So just -- I gotta remind myself every so 11 often. 12 JUDGE KELLY: Well, I've had people ask me 13 to get multiple ones of these microphones so that it's 14 closer to us. 15 COMMISSIONER HARRIS: It would probably help 16 them out there. Just thought I'd throw that out there 17 real quick. A reminder for all of us. 18 COMMISSIONER PACES: Thank you. 19 JUDGE KELLY: So talk to the box. Okay. We 20 took a vote on that, didn't we? 21 COMMISSIONER OVERBY: Yes. 22 JUDGE KELLY: Good. Let's move on to Item 23 1.10 consider, discuss and take appropriate action to 24 approve contracts with CASA, the Court-Appointed Special 25 Advocates, K'Star, Dietert Center, Turtle Creek 34 1 Volunteer Fire Department, Center Point Volunteer Fire 2 Department, and Tierra Linda Volunteer Fire Department. 3 And these are housecleaning matters that we 4 just need to have approved annually. 5 COMMISSIONER LETZ: Sure. 6 COMMISSIONER HARRIS: And there will be more 7 to come. 8 JUDGE KELLY: And I put them on the agenda 9 so we can get this batch out of the way. 10 COMMISSIONER HARRIS: I move for approval. 11 COMMISSIONER LETZ: Second. 12 JUDGE KELLY: Got a motion and a second to 13 approve the contracts as presented. Any discussion? 14 Those in favor say aye. Opposed? Unanimous. 15 Item 1.11 consider, discuss and take 16 appropriate action to set the Kerr County Christmas 17 Party for December 15, 2023. 18 COMMISSIONER HARRIS: I move for approval. 19 JUDGE KELLY: I didn't pick this date but we 20 know who did. 21 COMMISSIONER LETZ: Second. 22 COMMISSIONER OVERBY: What time is the 23 Christmas party? 24 JUDGE KELLY: It's lunch. 25 COMMISSIONER OVERBY: It's lunch? 35 1 JUDGE KELLY: Yeah. There will be -- these 2 people are probably cooking. I mean you get there -- 3 COMMISSIONER HARRIS: Well, we got it 4 catered now. 5 JUDGE KELLY: It's catered this year? 6 COMMISSIONER HARRIS: Well, it has been. 7 COMMISSIONER LETZ: But the elected 8 officials are asked to contribute to cover the cost. 9 COMMISSIONER OVERBY: Okay. Contribute cash 10 or contribute food? 11 COMMISSIONER LETZ: Cash. Just a reminder. 12 JUDGE KELLY: We're trying to warn you of 13 the things that Don and I learned the hard way. We call 14 it a secret playbook they didn't give us. 15 COMMISSIONER OVERBY: Gotcha. 16 COMMISSIONER HARRIS: I told her about that. 17 JUDGE KELLY: Okay. Is there a motion? 18 COMMISSIONER OVERBY: We already did that 19 one. 20 COMMISSIONER LETZ: Don, and then I seconded 21 that one. 22 JUDGE KELLY: Okay. We have a motion and a 23 second. Those in favor say aye. Opposed? Unanimous. 24 Item 1.12 consider, discuss and take 25 appropriate action on the implementation of the burn 36 1 ban. 2 This goes back to each one of the Precinct 3 Commissioners, but we have to redo it. 4 COMMISSIONER HARRIS: I move for approval. 5 COMMISSIONER PACES: I'll second. 6 JUDGE KELLY: We do this on a regular basis, 7 Commissioner, so it keeps recurring. 8 COMMISSIONER OVERBY: Okay. 9 COMMISSIONER LETZ: What -- kind of what 10 we're doing -- could we go over it? What we do is we 11 keep the burn ban on permanently just because of where 12 we live, and then each Commissioner can suspend it -- 13 COMMISSIONER OVERBY: Okay. So -- 14 COMMISSIONER LETZ: -- for their Precinct. 15 COMMISSIONER OVERBY: -- one way or the 16 other. 17 COMMISSIONER HARRIS: Which is good to bring 18 up because the other counties, it's all our none. They 19 don't divide it up by Precinct. And so if you get this 20 rain and you don't have another Commissioners' Court for 21 a while, it doesn't get changed until the Commissioners 22 all get together. So we have more control here at 23 the -- especially mine out there as large as we are, and 24 then the other side of the County is different. And 25 they might not get any rain and we get some or vice 37 1 versa. So I like the way we do it. 2 COMMISSIONER LETZ: And generally we 3 communicate with our fire departments or through 4 different sources. 5 COMMISSIONER OVERBY: The fire department. 6 JUDGE KELLY: And to clarify for the YouTube 7 public, what this is is a delegation of authority. The 8 Court has the authority to control the burn ban and we 9 have the authority to do it countywide. What this 10 delegation is is to delegate it to the Commissioners and 11 allow it to be handled on a Precinct by Precinct basis, 12 which is much more responsive to the public. 13 COMMISSIONER OVERBY: Okay. 14 COMMISSIONER HARRIS: For example, I have 15 four different volunteer fire departments out there and 16 I get a consensus from them when we change it one way or 17 the other. 18 COMMISSIONER OVERBY: Got it. 19 COMMISSIONER PACES: Is it statutory that 20 it's renewed every 90 days or what's -- 21 JUDGE KELLY: No, that's just been the -- 22 COMMISSIONER LETZ: I think it's -- I think 23 the burn ban can only be in place for 90 days straight. 24 COMMISSIONER OVERBY: At a time. 25 COMMISSIONER PACES: Okay. 38 1 COMMISSIONER LETZ: Because we keep it on 2 and then suspend it. 3 COMMISSIONER OVERBY: We need to keep it 4 going. 5 JUDGE KELLY: Because we keep it on, that's 6 why we -- 7 COMMISSIONER LETZ: Right. 8 JUDGE KELLY: -- review it every 90 days. 9 COMMISSIONER PACES: Okay. 10 COMMISSIONER OVERBY: Okay. 11 JUDGE KELLY: So we have a motion and a 12 second. Those in favor say aye. Opposed. Unanimous. 13 Item 1.13 consider, discuss and take 14 appropriate action regarding the Interlocal Agreement 15 for the improvement of Al Mooney Road from its 16 intersection with Peterson Farm Road to the intersection 17 with Memorial Boulevard, which is State Highway 27, and 18 a portion of Peterson Farm Road from its 300 block to 19 the intersection with Al Mooney Road. 20 This is a request from economic development 21 to improve that road with the activity they got going on 22 out there right now. 23 COMMISSIONER LETZ: We can't go into a lot 24 of the details of the actual entity. It's an economic 25 development. If the company that's looking at doing 39 1 some expansion or building in that area comes, the road 2 needs to be improved. If it doesn't come, there's no 3 agreement to do the road. 4 COMMISSIONER PACES: But that's not what the 5 Interlocal Agreement says. And that's -- 6 COMMISSIONER LETZ: Yeah. There's an out. 7 COMMISSIONER PACES: -- my concern. 8 COMMISSIONER LETZ: There's several outs in 9 the actual agreement. 10 COMMISSIONER PACES: I guess I need to read 11 it again or point it out to me. 12 COMMISSIONER LETZ: Heather and Mike Hayes 13 worked it long and I had some input into it, maybe even 14 the Judge did. But it is -- there are several outs and 15 the County -- it's a City road. The other option if the 16 company comes in is for us to work on Peterson Farm 17 Road. This is a far better option than Peterson Farm 18 Road because the City and the County own the 19 right-of-ways on both sides and Peterson Farm Roads, we 20 do not own the right of way. 21 It's a little bit unusual for us to join to 22 do a City road, but we have the ability to do it. The 23 cost of this is, if the company chooses to come to 24 Kerrville, the combination of the property tax and the 25 sales tax will pay for this cost in three or four years. 40 1 So it's -- it's covered. There are some concerns about 2 it being -- on the approach to runway, whichever main 3 runway 312? 4 MRS. ROHRER: (Nodding in affirmative 5 manner.) 6 COMMISSIONER LETZ: Runway 312. That way 7 we're -- you know, we will work with TxDOT on that. And 8 we actually even asked TxDOT to help pay for it if they 9 want us to modify something. But it's something that -- 10 there are some outs in it on the funding side and I 11 can -- 12 COMMISSIONER PACES: If you would point out 13 those clauses in the agreement or our County Attorney, 14 either way. I read this last night but I didn't see it. 15 COMMISSIONER HARRIS: Yeah, Rich, I'll tell 16 you I walked in here this morning against this. And 17 visited with -- one on one with Commissioner Letz this 18 morning and changed my tune. I told him I was going to 19 be a hard sale and he convinced me because of some of 20 these things that he's talking about. 21 COMMISSIONER PACES: Yeah. Well, obviously 22 I wouldn't want to spend our tax dollars if this project 23 doesn't go ahead. And if -- 24 COMMISSIONER HARRIS: Huh-uh. Agreed. 25 COMMISSIONER PACES: -- they backed out, my 41 1 understanding is this thing is not a done deal yet. 2 COMMISSIONER HARRIS: Oh, of course not. 3 It's not a done deal. 4 COMMISSIONER PACES: And so I want -- 5 JUDGE KELLY: They want it to be done next 6 month. And they're -- the last piece that's in the 7 puzzle. 8 COMMISSIONER PACES: And I know that the 9 City Council is having a hearing this afternoon which I 10 plan to attend. But I -- I still have a number of 11 questions that I would love for the Economic Investment 12 Corporation to address, which is water consumptions, the 13 number of trucks per days, noise, dust, lights. Typical 14 of any kind of new manufacturing facility that folks in 15 the immediate vicinity -- 16 COMMISSIONER HARRIS: And I agree. 17 COMMISSIONER PACES: -- would like answers 18 to those questions before we make a commitment. 19 COMMISSIONER HARRIS: Some of those things, 20 especially it's in your precinct -- 21 COMMISSIONER PACES: I know it is. And 22 people are asking. 23 COMMISSIONER HARRIS: -- and noise and stuff 24 like that, I think that should be ironed out before 25 anything, any ground breaking, rather than getting them 42 1 here and then try to fight. 2 COMMISSIONER PACES: Well, I've asked those 3 questions of, you know, representatives from the City 4 and the Economic Development Board, but I haven't 5 received any answer yet. 6 COMMISSIONER LETZ: Heather, I'm looking for 7 what we -- how we worded this. 8 MRS. STEBBINS: Would you like to go into a 9 closed session and -- 10 COMMISSIONER LETZ: We can go into Executive 11 Session -- 12 COMMISSIONER PACES: That's fine. 13 COMMISSIONER LETZ: -- and discuss it in 14 more detail. 15 COMMISSIONER HARRIS: Later on? Pass on it 16 for now until -- 17 COMMISSIONER PACES: Pass on it now and do 18 it later? 19 JUDGE KELLY: Well, I -- 20 COMMISSIONER PACES: Can we do that? 21 JUDGE KELLY: Let's talk about the dilemma, 22 the scheduling dilemma. Everybody likes timed items. 23 And if you look at this Agenda, we start with a 10:00 24 o'clock timed item and we're still 20 minutes before 25 10:00 o'clock and we can't talk about any of those 43 1 things until 10:00 o'clock, and then we have just very 2 few that are untimed. 3 MRS. STEBBINS: Why not knock it out now? 4 JUDGE KELLY: But we can knock -- we can 5 knock those out. I just -- this is how we get to 6 skipping around on the agenda is when you have this many 7 timed items. 8 COMMISSIONER HARRIS: This is the last -- 9 well, yeah, there's a couple more. 10 JUDGE KELLY: So we're -- so is the 11 consensus that you want to pass on this for the time 12 being and we'll come back to it? 13 MRS. STEBBINS: Y'all have some items in 14 Executive Session so if you want to pass now, we can 15 talk about this when we go into closed session for under 16 the advice from counsel. 17 JUDGE KELLY: So your -- your recommendation 18 is that we go ahead and go into Executive Session? 19 MRS. STEBBINS: No, sir. You can -- what 20 you -- I think your recommendation is perfect, to cover 21 the items that aren't timed, and we can pick this up at 22 the end. 23 JUDGE KELLY: Okay. So for the time being 24 we're going to pass Item 1.13 -- 25 COMMISSIONER LETZ: Okay. 44 1 COMMISSIONER HARRIS: Yeah. 2 JUDGE KELLY: -- and we will move over to 3 the untimed items, which is on 1.29. 4 COMMISSIONER PACES: Were there any requests 5 from the public to speak on the item? We might want to 6 try to hear them while they're here. 7 JUDGE KELLY: There are no requests. 8 COMMISSIONER PACES: If there are no 9 requests then I'm fine. 10 COMMISSIONER LETZ: The out clause from -- 11 the main one is on Section 5(d). The last paragraph. 12 It's following the City's and County's final approval of 13 the project, the project costs, the parties will approve 14 the process and have -- there's an approval, a final 15 approval of the project once the actual design has been 16 finalized. That would be the -- 17 COMMISSIONER PACES: Yeah, I'm not real 18 thrilled with that language but -- 19 MRS. STEBBINS: And add -- and have a look 20 at (f) also. 21 COMMISSIONER PACES: I'd really like to see 22 something a lot clearer than that but -- 23 JUDGE KELLY: So we've moved on. 24 COMMISSIONER PACES: Okay. 25 JUDGE KELLY: I'll call Item 1.29, this is 45 1 an update regarding current and future grant 2 opportunities for the Kerr County Sheriff's Office. 3 Scott? 4 MR. GAIGE: Yes, sir. 5 Good morning. Just want to cover a little 6 bit of the grant -- 7 JUDGE KELLY: So the public knows, this is 8 Lieutenant Scott Gaige from the Sheriff's Office. 9 MR. GAIGE: Oh, sorry. 10 Just a little bit to cover currently where 11 we're at for the awards for the grants for the Sheriff's 12 office, as well as some upcoming opportunities maybe for 13 some grants as well. 14 I did offer to the Court, we'll go Number 1, 15 which is the Justice Grant, Assistance Grant, which is 16 body-worn camera, which is through AACOG. The award was 17 $74,660.00. We'll finish up that grant in the fourth 18 quarter here in December. So that's where all the 19 equipment that's actually in service. We're just going 20 to finish up a few invoice things and have the grant 21 finalized in December. 22 The Ballistic Shield Program, which is 23 Number 2, the award for that was $152,360.00. We 24 received that same amount previously. Tanya should have 25 that. The shields were all -- there's probably 26 of 46 1 them, they're currently in the field and they're being 2 operated by the Sheriff's Office at this time, so -- 3 JUDGE KELLY: And the source of that grant? 4 MR. GAIGE: That was the OOG's Office. So 5 that was -- that grant was developed after the Uvalde 6 incident. Governor's Office put that out and we were 7 able to get that award as well. 8 Fiscal year '23 was Operation Lone Star. 9 We're at the end of the cycle and we're finalizing that 10 award. The initial award was $660,180.00. We have 11 already received reimbursement for $633,962.48. That 12 grant will be finalized here by the end of the year as 13 well. 14 JUDGE KELLY: And that's another Office of 15 the Governor -- 16 MR. GAIGE: Office of -- yeah, the 17 Governor's Office as well. Operation Stonegarden is 18 actually a pass-thru to the Governor's Office but that 19 is actually through the U.S. Border Patrol and that's 20 for overtime for deputies currently conducting those 21 operations. That fiscal year is kind of weird. It'll 22 end -- we begin it in February and March is kind of how 23 that one kind of -- it's not like with our standard 24 fiscal year, so February and March that will end. And 25 so we're currently conducting operation. An upcoming 47 1 yield for that is Operation Stonegarden '23, which 2 already -- is already in place. 3 There -- if you remember with that grant 4 before it, and I know we have a new commissioner, so 5 that's a multi-county campaign. So it's actually 6 authored by another County and we're just a subsidiary 7 to receive money under that grant. So we just kind of 8 got word for the '23. We may be able to project about 9 160,000 awarded on that -- on that projected so that may 10 be for some equipment as well as overtime for deputies 11 for that upcoming deal. 12 And then we're talking about Operation Lone 13 Star '24, I guess will be on the next one. But 14 projected stuff that we're looking at is fiscal year for 15 Stonegarden for '23. And then I'll get with Noel. The 16 AACOG one is going to open up again here, I think. 17 Rosa, they're like December? 18 MS. HERNANDEZ: Uh-huh. 19 MR. GAIGE: Usually that's December. So we 20 usually try to get an award of about 75, 80,000 for the 21 body-worn cameras and I think we're going to look at 22 some ticket writer devices for that technology grant for 23 that. 24 And then that's kind of an update for the 25 grants. Do y'all have any questions about any of the 48 1 grants? 2 JUDGE KELLY: Any questions? 3 COMMISSIONER PACES: Well, I just -- I think 4 it's a great job that you guys have been doing in 5 securing these grants. And congratulate you and 6 encourage you to keep going for more. 7 MR. GAIGE: We've been working with the 8 Auditor's Office quite a bit on a lot of that stuff, 9 so -- 10 COMMISSIONER PACES: Good. 11 MR. GAIGE: This new one, I guess on the 12 next -- the next item. Okay. On 1.30 we're going to 13 talk -- 14 COMMISSIONER HARRIS: Let the Judge call it. 15 JUDGE KELLY: Okay. Anything else on Item 16 1.29? These are just the opportunities. 17 Okay. We'll move on to Item 1.30 consider, 18 discuss and take appropriate action to accept the OOG, 19 Offices of the Governor, Grant Award Number 4587302 for 20 the Kerr County Sheriff's Office Operation Lone Star FY 21 2024. Scott Gaige. 22 MR. GAIGE: So we applied back -- for this 23 back in October. We originally submitted the County's 24 application about 1.7 million and that's for overtime 25 positions, equipment as well. We came back with an 49 1 award that came back to us of -- in the amount of 2 $599,345.00. It's a little bit lower, about $60,000 3 lower than what it was last year. 4 Part of that is -- so Kerr County, the 5 Sheriff's Office, we operate with an OLS task force of 6 about 20 different agencies. We are actually -- 7 JUDGE KELLY: And to clarify, an OLS is 8 Operation Lone Star? 9 MR. GAIGE: Operation Lone Star. Yes, sir. 10 So we operate amongst that task force, about 11 20 agencies that are attached to that task force. We 12 were pretty fortunate. We were within the top three for 13 the award coming back for -- out of those 20 -- over 14 those 20 agencies. So just having a meeting and the 15 Sheriff attended the meeting as well, some of those task 16 force members weren't as, I guess, privileged as us for 17 the award and they need some additional funds to help 18 support some of their manning at some of their 19 operations, so we were kind of asked since we were one 20 of the top awards, and a bunch of the other agencies 21 took that and working with the Governor's office, if we 22 could re-award about $15,000 back to the task force from 23 what our award is. 24 And the Governor -- working with the 25 Governor's office, they said that that's not a problem. 50 1 Basically they sent us a form. Once we accept the 2 award, they'll just reduce that 15,000, so it'll be an 3 adjusted award to the $584,345. So it's minus the 4 $15,000. I think that's -- I mean, I think that's fair 5 for us to give back to help those other agencies out 6 because a lot of those agencies are in a lot more need 7 than kind of where we are and a lot of those are really 8 border agencies that we need to do that. So we just 9 kind of just discussed it with the Sheriff and we -- 10 JUDGE KELLY: Who are the agencies you're 11 talking about? 12 MR. GAIGE: There's about twenty of them. 13 So you have -- Medina County is in there as well. 14 Goliad County, Brooks County, Val Verde County. There 15 are about 20 agencies that fall under that. 16 COMMISSIONER PACES: I mean, are you going 17 to give it out to 20 different entities? Because that's 18 not much money going -- 19 MR. GAIGE: So what's actually -- it goes 20 back to the Governor's office and then they distribute 21 it back amongst those agencies that are -- that have 22 done additional requests for more money. So -- 23 COMMISSIONER PACES: That's not much more, 24 yeah. 25 JUDGE KELLY: Medina County's got a whole 51 1 lot more money than we do. 2 COMMISSIONER PACES: So we're giving them 3 money? 4 MR. GAIGE: No, we got -- no, there was -- 5 Brooks County, they got an award but they have a bunch 6 of -- a bunch of subsidiaries that fall under their 7 award. So they have a bunch of task force officers that 8 fall under it. So they -- they need some additional 9 funds to help with some of their overtime as well so. 10 COMMISSIONER LETZ: What's the net to Kerr 11 County? 12 MR. GAIGE: The -- our net would be $584,345 13 after the adjustment. 14 COMMISSIONER LETZ: Yeah. 15 COMMISSIONER PACES: That's still good. 16 Yeah. 17 MR. GAIGE: It's gotta be. 18 MRS. SHELTON: But we weren't -- we weren't 19 the only county giving money back. 20 MR. GAIGE: No, no. There's a bunch of 21 other counties as well. 22 MRS. SHELTON: Yeah. Okay. 23 MR. GAIGE: We -- they just kind of said 24 hey, you know, people that have been awarded more, if 25 you can look at some of your stuff and see, hey, what -- 52 1 what can you guys give back. Yeah. So it -- it was 2 ranging between, you know, 5,000 to 15,000 per some of 3 these counties to give money back. 4 JUDGE KELLY: And if I understand it 5 correctly, this is not local taxpayer dollars being 6 rearranged here. 7 MR. GAIGE: No. It's from the Office of the 8 Governor. 9 JUDGE KELLY: These are grant funds that are 10 coming from the Office of the Governor -- 11 MR. GAIGE: Yeah. 12 JUDGE KELLY: -- so these are statewide 13 funds that are being divided to Kerr County, which are 14 being used to help some of our partners in the 15 undertaking. 16 MR. GAIGE: Yes. 17 JUDGE KELLY: Okay. 18 MR. GAIGE: The Sheriff wanted to talk 19 briefly about this Lone Star application. Just about a 20 couple of items that were added into there. There's 21 some position and some things like that that he just 22 wanted to talk briefly about. 23 SHERIFF LEITHA: Yeah. One of the things 24 Scott did mention, we're very fortunate. We're a three 25 tier County. That means we're three counties away from 53 1 the border. And for us to be number three in most 2 amount, we're very fortunate. Very fortunate. We got 3 more money than some places that are closer on the 4 border. 5 But what I wanted to talk to the Court 6 about -- and Judge, if you don't mind, it kind of goes 7 back and forth to 1.30 and 1.31. Can we call 1.31 also? 8 JUDGE KELLY: Sure. Item 1.31 will be 9 considered jointly with 1.30, and that is to consider, 10 discuss and take appropriate action to approve the 11 reclassification of an open correctional officer 12 position to a Crime Analyst/Digital Forensic Examiner at 13 the pay grade of 22. 14 SHERIFF LEITHA: Okay. So in this grant on 15 the 500, what we -- 80 something thousand dollars -- we 16 were given three positions to fill. One what we call 17 Operation Lone Star Deputy, which we're going to refer 18 to as OLS, one OLS investigator and one OLS crime 19 analyst/digital forensic examiner. 20 What I'd like to come to the Court is to 21 fill what I call one and a half of those positions. You 22 know, I don't feel comfortable filling all three of 23 those. Because normally what they do is -- we'll use 24 Kimble County for example. Several years ago they were 25 allowed four deputies but the Court agreed to pick those 54 1 up. But they've probably been in it four to five years 2 now. 3 In talking about this money, talking about 4 Sara Porter, she has a big part of it, you know, the 5 money is pretty much guaranteed for the next two years. 6 It's hard for me to tell you it's forever. You know, I 7 don't know. We just go every two years when the 8 legislature meets. I can tell you it's been going for 9 several years. 10 But with this funding, what I wanted to do 11 is fill one of those with a deputy position and one of 12 those with a part-time what we call crime analyst. 13 The reason for that is when we get back to 14 1.31, we service over 20 agencies. Our current forensic 15 investigator basically left us, Luke did, to the private 16 sector, which after the 20 plus five percent COLA he got 17 an additional $50,000.00 raise and works from the house. 18 You know, that's very tough. We can't compete with 19 that. Unfortunately we've been looking for -- to fill 20 that position. It's not going to happen. You know 21 what, we've gotta move down the road. 22 But our current position right now at the 23 Sheriff's Office is we gotta lot of phones and we don't 24 have anybody to process them right now. Luckily, what 25 I'm asking y'all to let me fill one of those that are 55 1 part-time. 2 We have found a forensic investigator that 3 is currently retired and is on disability, can work up 4 to nine months a year. Everything I ask y'all for right 5 now is already in my budget or we can pay through OLS if 6 it's been approved, once y'all approve it. 7 So basically what I'm coming to the Court, 8 and I'll be happy to answer any questions, is for y'all 9 to let me, one, fill one of these OLS positions as a 10 deputy that I don't have today, but adding that to me. 11 Another one is to fill one of those in a part-time 12 status because what I wanted to do on 1.31 where I'm 13 asking you to let me reclassify a jailer position to 14 a -- let me get the wording correctly -- to a crime 15 analyst/senior forensic examiner, is because we want to 16 fill that. 17 I've currently have four positions in the 18 jail, I've got one more that's been out on workers' comp 19 for two years and may become available in December, but 20 it won't affect my staff. I'm looking at this as a 21 temporary fix to get to next year's budget. 22 This new person I wanted to hire is -- the 23 training on that, I'll be honest with you, takes about a 24 year to do. I've already met with Secret Service and 25 the Department of Public Safety. They're willing to do 56 1 the training of the first class off the bat. Probably 2 if she comes back with over a hundred thousand dollars 3 worth of stuff, the school is a month long. 4 But what I'm needing to do is -- while I'm 5 training this person, I need the lab to continue to 6 operate. We have found that person. No benefits. What 7 we call, I guess, straight contract labor per se for 8 better lack of terms. 9 But those are the things I'm asking the 10 Court to allow me to do. I'll be happy to answer any 11 questions. 12 COMMISSIONER LETZ: And these are all -- 13 they've been budgeted? 14 SHERIFF LEITHA: Within my budget. No 15 adding to the budget. I'm asking to reclassify that one 16 position, but the other what I call a position and a 17 half, will be funded for through Operation Lone Star. 18 This year, you know, I'm pretty comfortable. 19 Next year, I can't promise you, I may have to have this 20 visit down the road. Y'all verbally agreed to give me a 21 deputy for five years to get my staff up. Other ways I 22 could look at not filling one of those. You know, last 23 but least, Senate Bill 22, I know I've committed that. 24 We're talking, I don't know, we could be talking two to 25 four years down the road we could always be paid for 57 1 that. 2 JUDGE KELLY: I've got a question. I'm 3 trying to identify the different pots of money. 4 SHERIFF LEITHA: Okay. 5 JUDGE KELLY: We know what's in your 6 budget -- 7 SHERIFF LEITHA: Yes, sir. 8 JUDGE KELLY: -- because we just did it. 9 Okay. And one of the things we put in your budget was 10 your Senate Bill 22 money. 11 SHERIFF LEITHA: Yes, sir. 12 JUDGE KELLY: Okay. And so we got the tax 13 money that was part -- that was included in your budget, 14 plus the Senate Bill 22 money. 15 SHERIFF LEITHA: Yes, sir. 16 JUDGE KELLY: Which was what? 17 SHERIFF LEITHA: Five hundred thousand. 18 JUDGE KELLY: Five hundred thousand, right. 19 Now, Operation Lone Star is something different than the 20 Senate 22. 21 SHERIFF LEITHA: Correct. This is another 22 five hundred and eighty -- I don't know the -- 23 VOICE: Eighty-four. 24 SHERIFF LEITHA: And then we have another 25 hundred and 60 coming -- 58 1 JUDGE KELLY: Right. 2 SHERIFF LEITHA: -- which -- which is not 3 part of what I'm asking. 4 JUDGE KELLY: Now on Senate Bill 22, my 5 recollection was that we had a lot of Legislative 6 assurances that that program would be continued. 7 SHERIFF LEITHA: Yes, sir. 8 JUDGE KELLY: There's no obligation that 9 they continue it. They meet every two years. They get 10 to make up their mind what they're going to do. But the 11 people in Austin were indicating to us, or as I -- has 12 indicated to me as the County Judge, that those funds 13 were going to be available for prosecutors and our law 14 enforcement. 15 SHERIFF LEITHA: And constables. Yes, sir. 16 JUDGE KELLY: And constables? 17 SHERIFF LEITHA: Yeah. 18 JUDGE KELLY: The whole thing. 19 SHERIFF LEITHA: I feel very comfortable 20 that's going to stay here for awhile. That's what this 21 Operation Lone Star comes out. 22 JUDGE KELLY: I do too. And the Operation 23 Lone Star is something different. 24 SHERIFF LEITHA: Completely different, yes, 25 sir. 59 1 JUDGE KELLY: Okay. That's -- that's 2 what -- and what we're talking about today is Operation 3 Lone Star. 4 SHERIFF LEITHA: Yes, Judge. We dip into 5 every pot possible. 6 JUDGE KELLY: I -- I see that. I recognize 7 that. 8 SHERIFF LEITHA: We're -- with that we're at 9 $2.2 million dollars when we get this other. That's 10 pretty good for two and a half years. 11 COMMISSIONER PACES: I'm going to make the 12 motion that we go ahead and approve the reclassification 13 of an open correctional officer position to crime 14 analyst/digital forensic examiner at the pay grade of 15 22. 16 COMMISSIONER HARRIS: I second that. 17 JUDGE KELLY: Was that a full time or a part 18 time position? 19 SHERIFF LEITHA: Full time, sir. 20 JUDGE KELLY: Full time. 21 COMMISSIONER LETZ: So you're just going -- 22 you're going down someone in the corrections department, 23 one person? 24 SHERIFF LEITHA: Yes. 25 JUDGE KELLY: And losing one? 60 1 COMMISSIONER LETZ: Yes. 2 JUDGE KELLY: Using one of your open 3 positions? 4 SHERIFF LEITHA: Yes, sir. 5 JUDGE KELLY: Okay. So that doesn't affect 6 the budget? 7 SHERIFF LEITHA: No, sir. 8 JUDGE KELLY: That's what -- it's important 9 for the people to understand, this is not affecting the 10 budget. 11 SHERIFF LEITHA: Right. Not at all. 12 JUDGE KELLY: Okay. 13 SHERIFF LEITHA: And the other position I'm 14 asking y'all for is what I call OLS deputy and this 15 part-time analyst, it will be paid -- if y'all approve 16 it, will be paid for out of the Operation Lone Star 17 budget. 18 JUDGE KELLY: But I'm trying to make sure 19 that as we do these motions -- 20 COMMISSIONER PACES: But do we need a 21 separate motion for -- 22 SHERIFF LEITHA: Yes, probably. 23 COMMISSIONER PACES: -- for those? 24 SHERIFF LEITHA: No doubt. 25 JUDGE KELLY: So this -- the -- the 61 1 motion -- 2 SHERIFF LEITHA: Probably on 131. 3 JUDGE KELLY: Pardon? 4 COMMISSIONER PACES: This is item 1.31. 5 JUDGE KELLY: 1.31 is -- 6 SHERIFF LEITHA: Reclassification. 7 COMMISSIONER PACES: Yeah. 8 JUDGE KELLY: And that's -- that's using one 9 of your open jailer positions? 10 SHERIFF LEITHA: Yes, sir. 11 JUDGE KELLY: Okay. And that's within the 12 budget? 13 SHERIFF LEITHA: Yes, sir. 14 COMMISSIONER OVERBY: And 1.30 is accepting 15 the grant. 16 JUDGE KELLY: That's -- we're -- 17 SHERIFF LEITHA: Right. 18 JUDGE KELLY: That's a different pot of 19 money we're going to talk about. 20 COMMISSIONER OVERBY: Yeah. 21 COMMISSIONER PACES: Right. 22 COMMISSIONER LETZ: Okay. 23 COMMISSIONER PACES: So we have a motion and 24 a second. 25 JUDGE KELLY: Got a motion and a second. 62 1 Any other discussion? Those in favor say aye. Opposed? 2 Unanimous. 3 Now let's move back up to 1.30. 4 SHERIFF LEITHA: Okay. With accepting that 5 money, I'm asking y'all to let me fill that Operation 6 Lone Star deputy position and also fill a crime analyst 7 position, what we call part-time with no benefits. It 8 will be paid for 100 percent out of Operation Lone Star 9 funds. 10 JUDGE KELLY: So now we're talking about the 11 Operation Lone Star grant, its funds. 12 SHERIFF LEITHA: Yes, sir. 13 JUDGE KELLY: And you've got a deputy 14 position that you want to fill. And then you've got 15 this forensic examiner position that you want to fill 16 with the part-time without benefits? 17 SHERIFF LEITHA: Correct. 18 JUDGE KELLY: Using the Operation Lone Star 19 funds? 20 SHERIFF LEITHA: Yes. 21 JUDGE KELLY: Which are not Kerr County tax 22 payer dollars? 23 SHERIFF LEITHA: Correct. 24 JUDGE KELLY: That's what I want to make 25 sure people understand. 63 1 SHERIFF LEITHA: Okay. 2 COMMISSIONER LETZ: I'll make a comment 3 on -- 4 JUDGE KELLY: I'm looking at her -- her 5 hand. 6 MRS. STEBBINS: That's not on the agenda. 7 COMMISSIONER LETZ: Exactly. 8 COMMISSIONER OVERBY: It's not what 1.30 -- 9 MRS. STEBBINS: 1.30 accepts -- 10 COMMISSIONER OVERBY: -- that you're 11 accepting the money. 12 MRS. STEBBINS: -- the OOG grant award is on 13 the agenda. 14 JUDGE KELLY: So what she's -- I think what 15 she's telling us is the way we've got it on the agenda 16 is just to approve accepting the Operation Lone Star 17 grant funds. 18 SHERIFF LEITHA: Correct. 19 JUDGE KELLY: That we award it. Subject to 20 the adjustment that we've already discussed, the 15,000, 21 and then we'll have to have another agenda item to add 22 in or pick up those employees. 23 SHERIFF LEITHA: Okay. It was my 24 understanding that it could be talked about under this 25 but if not, that's fine. I'll talk to the Court later. 64 1 JUDGE KELLY: Well, I -- 2 MRS. STEBBINS: You could probably talk 3 about it under it, but I don't think you can take that 4 action today. 5 COMMISSIONER HARRIS: No, I was wondering 6 that myself. But I -- I do move for approval of 1.30. 7 JUDGE KELLY: Okay. 8 COMMISSIONER OVERBY: I'll second that. 9 JUDGE KELLY: Okay. We've got a motion -- 10 COMMISSIONER OVERBY: On accepting the main 11 -- yeah. 12 JUDGE KELLY: -- and a second to -- to 13 accept the funds, Operation Lone Star funds. 14 COMMISSIONER LETZ: Do you want to discuss 15 the positions now or not? 16 JUDGE KELLY: I understand the positions, I 17 just need the agenda item. 18 COMMISSIONER HARRIS: Yeah, it's just -- 19 SHERIFF LEITHA: I'll bring it back. 20 JUDGE KELLY: Bring it back. 21 COMMISSIONER PACES: Bring it back next time 22 and I'll fully support it. 23 COMMISSIONER OVERBY: But that's not in 24 1.31? 25 MRS. SHELTON: I do have a question. Is it 65 1 a temporary part-time which allows us not to pay 2 retirement or -- 3 JUDGE KELLY: No, full time. The Operation 4 Lone Star will be full time. 5 COMMISSIONER LETZ: But -- but you're 6 looking at really -- 7 JUDGE KELLY: That's the deputy. 8 COMMISSIONER LETZ: Then I'm not sure -- I 9 was going to say on that one you need to visit with Rosa 10 and see if it qualifies or if it's a contract employee. 11 SHERIFF LEITHA: I have. I have. It is a 12 full time. Operation Lone Star deputy full-time. 13 COMMISSIONER LETZ: No, but I'm talking 14 about the part-time analyst. Is that -- it's a question 15 whether you -- that can be a non-benefits on that. 16 That's a question. So if it -- you need to check with 17 HR whether -- 18 SHERIFF LEITHA: Okay. 19 COMMISSIONER LETZ: -- it'll be a part time 20 employee or if it's a contract employee. 21 SHERIFF LEITHA: Okay. Gotcha. All right. 22 JUDGE KELLY: And I'm -- I'm looking at my 23 Auditor and my HR. Okay. Just to make sure we're doing 24 this right. We're accepting the Operation Lone Star 25 funds, the 585,000 or whatever it is, and with that fund 66 1 one of the things that is being requested is that we 2 hire a deputy, an OLS deputy, that would have full 3 benefits. Right? 4 SHERIFF LEITHA: Yes. 5 JUDGE KELLY: Okay. And then the other 6 request is a part-time, without benefits, for your 7 forensic examiner. 8 SHERIFF LEITHA: Yes, sir. 9 JUDGE KELLY: And we'll take that action at 10 another Commissioners' Court meeting. But we understand 11 the nature of your request so that when it comes back 12 up, you'll refresh our memories. Any other discussion? 13 Okay. All right. 14 COMMISSIONER OVERBY: That got us to ten 15 o'clock. 16 COMMISSIONER HARRIS: Well, we gotta vote -- 17 COMMISSIONER PACES: Yeah, we haven't 18 taken -- 19 COMMISSIONER HARRIS: -- on 1.30. 20 COMMISSIONER PACES: -- a motion and a 21 second. To accept the grant. 22 JUDGE KELLY: To accept the grant. Those in 23 favor say aye. Opposed? Unanimous. 24 Let's take a five minute break. We'll come 25 back at ten o'clock. 67 1 COMMISSIONER HARRIS: Very good. 2 (Recess.) 3 JUDGE KELLY: Okay. Court will come back to 4 order. We'll start with the ten o'clock agenda, which 5 is item 1.14, which is a public hearing. I convene this 6 public hearing. And it's for a revision of plat for 7 Village West Industrial Park Phase 3, Lot 1. Is there 8 anyone here that would like to address the Court with 9 regard to Village West Industrial Park Phase 3? 10 There being none, we'll adjourn that public 11 meeting and we'll move on to Item 1.15, which is to 12 consider, discuss and take appropriate action to add 13 Tucker Street from Riverside Drive to State Highway 27, 14 which is approximately 378 linear feet, to Kerr County's 15 list of publicly maintained roads. Mr. Hastings. 16 MR. HASTINGS: Thank you, Judge. The right 17 of way for Tucker Street was deeded to Kerr County from 18 the United States of America on September 30th, 1958, 19 and despite the road being subsequently annexed by the 20 City of Kerrville, the right of way deed is still in the 21 name and possession of Kerr County, and the road was not 22 consistently maintained by the City of Kerrville 23 following annexation. 24 The road is being considered to be 25 abandoned, vacated and discontinued by Kerr County 68 1 subject to a sidewalk easement being dedicated by the 2 adjacent property owner to the City of Kerrville for the 3 VA Pathway Sidewalk Project, but due to the unusual 4 circumstances surrounding ownership, annexation, and 5 lack of maintenance, it appears the best course of 6 action is to add Tucker Street back into Kerr County's 7 list of publicly maintained roads before taking action 8 to abandon, vacate, and discontinue it. 9 Exhibit A in your packet shows the limits of 10 Tucker Street, approximately 378 linear feet, from 11 Riverside Drive to State Highway 27. And Exhibit B is 12 the September 30th, 1958 deed from the United States of 13 America to Kerr County for said Tucker Street, 14 approximately 0.467 acres. 15 County Engineer recommends that the Court 16 consider, discuss and take appropriate action to add 17 Tucker Street from Riverside Drive to State Highway 27, 18 approximately 378 linear feet, to Kerr County's list of 19 publicly maintained roads. Precinct 2. 20 COMMISSIONER PACES: And this is tied 21 directly to the next agenda item. 22 MR. HASTINGS: Right. 23 JUDGE KELLY: So I just want to make sure 24 that the public understands. This is the necessary 25 Step 1 for us to do this Veterans Pathway project. So 69 1 it's pretty technical, but it's essential. 2 COMMISSIONER PACES: So I'll go ahead and 3 make a motion that the Court go ahead and add Tucker 4 Street from Riverside Drive to State Highway 27, which 5 is approximately 378 linear feet, to Kerr County's list 6 of publicly maintained roads in Precinct 2. 7 COMMISSIONER LETZ: Second. 8 JUDGE KELLY: Got a motion and a second to 9 approve adding Tucker to our publicly maintained roads. 10 Any discussion? 11 COMMISSIONER HARRIS: It's longer than I 12 thought it was. 13 JUDGE KELLY: With that, those in favor say 14 aye. Opposed? Unanimous. 15 Now we move on to Item 1.16, which is to 16 consider, discuss and take appropriate action to 17 abandon, vacate, and discontinue Tucker Street, in 18 exchange for a dedication of the recreational easement 19 from the adjacent land owner to the City of Kerrville 20 for the Veterans Pathway Sidewalk Project. Mr. 21 Hastings. 22 MR. HASTINGS: Thank you, Judge. 23 The Veterans Pathway sidewalk project 24 connects the Kerrville Veterans Administration Medical 25 Center, located at the intersection of Highway 27 and 70 1 Tucker Street, to both Flat Rock Park and the Kerrville 2 River Trail. The City of Kerrville wishes to have the 3 alignment go around the perimeter of the existing 4 landscape business, also located at the intersection of 5 Tucker Street and Highway 27, rather than through the 6 middle of the landscape operation which is bisected by 7 Tucker Street. 8 The right of way for Tucker Street was 9 deeded to Kerr County from the United States of America 10 on September 30th, 1958, and despite the road being 11 subsequently annexed by the City of Kerrville, the 12 right-of-way deed is still in the possession of Kerr 13 County. And I have some maps and exhibits for you in 14 your packet showing that. 15 According to Texas statutes, the Court may 16 order public roads laid out, discontinued, closed, 17 abandoned, vacated or altered. The statutes define the 18 relevant terms: 19 Abandon, to relinquish the public's right of 20 way in and use of the road. 21 Vacate, to terminate the existence of the 22 road by direct action of Commissioners' Court to the 23 County, and Discontinue, to discontinue the maintenance 24 of the road. 25 The process to abandon, vacate and 71 1 discontinue use by Kerr County in the past, following 2 State Law, consists of setting a public hearing, a date 3 and time. The County Clerk publishes the notice of said 4 public hearing in a local newspaper. That has already 5 happened. Court order establishing the public hearing 6 and a map showing the limits of the road that is to be 7 considered for action posted at both ends of the subject 8 portion of the road, as well as the courthouse for a 9 minimum of 20 days prior to the public hearing. That has 10 happened. That's been accomplished. Required notices 11 were posted on September 28th, 2023. I do have pictures 12 in the packet of that. 13 A public hearing is required before the 14 Commissioners' Court can consider taking action. That 15 has happened. We had -- a public hearing was conducted 16 on October 23rd, 2023 at 10:00 a.m. in the courthouse. 17 And following the public hearing, the Commissioners' 18 Court may consider and take action. 19 County Engineer recommends that the Court 20 consider, discuss and take appropriate action to 21 abandon, vacate and discontinue Tucker Street in 22 exchange for the dedication of a recreational easement 23 from the adjacent landowner to the City of Kerrville for 24 the Veterans Pathway Sidewalk Project. Precinct 2. 25 I do not have that easement in hand, but I 72 1 do have Ed Maldonado here. He can speak to that. We 2 were in contact last week multiple times. And I know 3 that they were finalizing the document with the City of 4 Kerrville. 5 COMMISSIONER PACES: Yeah. And just so the 6 public better understands, this is something we've 7 looked at for the Veterans Pathway project. You know, 8 Tucker Street basically goes right through the heart of 9 Maldonado Landscaping's operation. It's not really used 10 by anybody other than Maldonado, and we considered 11 having the Veterans Pathway go right down the sidewalk 12 along Tucker Street and, of course, that's really not a 13 very safe thing. Because they've got a lot of heavy 14 equipment going back and forth between their yard where 15 they store a lot of materials and the other side so -- 16 COMMISSIONER HARRIS: I was shooting that 17 idea down right and left. 18 COMMISSIONER PACES: Yeah. And so 19 ultimately, you know, the team that was involved in the 20 pathway project looked at it, and our engineering firm 21 looked at it, and the solution that was proposed, which 22 I think is an excellent solution, was to have a 23 right-of-way for the sidewalk to be installed around -- 24 kind of at the edge of the nursery property, and I think 25 it's a great solution. It's going to add to the scenic 73 1 beauty of the sidewalk project. So I fully endorse 2 doing this. And I very much appreciate the cooperation 3 of Maldonado Nursery to make this happen. It will be a 4 lot safer for our veterans. 5 COMMISSIONER HARRIS: I think it's a win/win 6 for both parties or everybody. 7 COMMISSIONER PACES: Yeah. And I think it 8 will help their operations as well. So I think with 9 that I'll go ahead and make a motion that we abandon, 10 vacate and discontinue Tucker Street in exchange for the 11 dedication of a recreational easement from the adjacent 12 land owner to the City of Kerrville for the Veterans 13 Pathway Sidewalk Project located in Precinct 2. 14 COMMISSIONER HARRIS: Second. 15 COMMISSIONER LETZ: Second. 16 JUDGE KELLY: Got a motion and a second to 17 approve this abandonment of Tucker Street. And for the 18 public, you don't have a diagram in front of you, but if 19 you can see it, Tucker Street literally is right in the 20 middle of the Maldonado operations. And I walked that 21 street and I may be the only human being in the last 22 year that walked that street but it's -- 23 COMMISSIONER PACES: No, you're not. 24 JUDGE KELLY: Other than the people that 25 work for Maldonado. But this is a truly win/win 74 1 situation. That way Maldonado has a yard contiguous 2 with their operations, sidewalk goes around the 3 perimeter and back down to the park. So this is 4 something that, as the County Judge, I am very 5 appreciative of your generosity and cooperation with 6 this. 7 COMMISSIONER LETZ: Judge, I'll make just a 8 comment. A little bit of expanding on the Maldonado 9 family a little bit. We all know that HEB started in 10 Kerrville. And they've done very well nationally. The 11 Maldonado Nursery was founded in Kerrville also and 12 during the time they have now expanded. They have 13 Maldonado Nursery in Boerne, New Braunfels, Seguin, and 14 San Antonio. And it's really a success story for what 15 they've done as a family and hats off to y'all for what 16 y'all have done. Great work. And Ed Maldonado and his 17 two sons are here. 18 JUDGE KELLY: And this is a great project 19 for the veterans. We've talked about this time and time 20 again. They want to get to the park. They need to get 21 to the park. It's their recreation. And it's been too 22 hazardous. And so with this project we're able to get 23 them across Highway 27 and around Maldonado now so they 24 don't have to go across the yard and get down where the 25 safety is and the park and recreation area. 75 1 COMMISSIONER HARRIS: And back in one piece. 2 COMMISSIONER OVERBY: I have a little 3 question. I saw that on Water Street over here that 4 they painted the sidewalk? 5 JUDGE KELLY: Yeah. 6 COMMISSIONER OVERBY: Are they going to 7 paint the highway? Can we paint that like red, white 8 and blue? 9 JUDGE KELLY: That's a state highway. 10 COMMISSIONER LETZ: That's not -- 11 COMMISSIONER PACES: They have committed to 12 upgrading that crosswalk. So there will be some 13 improvements. I can't promise exactly what all it's 14 going to be but -- 15 COMMISSIONER OVERBY: A cute paint job would 16 be nice over there. 17 COMMISSIONER PACES: Yeah. 18 JUDGE KELLY: Well, but that -- the City of 19 Kerrville -- 20 COMMISSIONER OVERBY: I know. Just saying. 21 JUDGE KELLY: And if you notice, the more 22 local we get, the better the cooperation is. And the 23 more we go up that chain, the harder it is to get people 24 to agree with what we know is -- 25 COMMISSIONER HARRIS: Or the freedom to do 76 1 what you want. 2 JUDGE KELLY: We do have a motion and a 3 second. Is there any other discussion? 4 COMMISSIONER PACES: Or if anyone from 5 Maldonado wants to make any comments? 6 MR. MALDONADO: No. 7 COMMISSIONER PACES: No? Okay. We 8 appreciate you being here for this. 9 JUDGE KELLY: So with that, those in favor 10 say aye. Opposed? Unanimous. Thank you. 11 Next item on the agenda is Item 1.17 12 consider, discuss and take appropriate action for the 13 Court to approve and authorize the County Judge to 14 execute a professional engineering services contract 15 with Tetra Tech, Inc. for a safety analysis and master 16 plan for Eagle Ridge Road in the amount of $93,300.00. 17 Mr. Hastings. 18 MR. HASTINGS: At the request of the Court, 19 a proposal was sought from Tetra Tech to provide 20 professional engineering services to analyze the Eagle 21 Ridge Road for safety concerns and to develop a master 22 plan for the development of the road to safely support 23 the existing and future traffic. 24 Tetra Tech has provided a proposal attached 25 to this letter to provide the requested services. The 77 1 proposal will provide review of the existing traffic 2 impact analysis, roadway safety studies, and 3 geotechnical reports. In addition, Tetra Tech will 4 prepare sight distance, speed, and intersection analyses 5 for the intersection with State Highway 173. 6 Tetra Tech will also provide a review of the 7 existing Kerr County subdivision regulations and make 8 recommendations for modifications and amendments to 9 improve roadways in Kerr County subject to developmental 10 growth. Tetra Tech will summarize findings in a brief 11 report with cost estimates and attend public meetings to 12 explain the recommendations and to answer questions from 13 the Commissioners and the public. 14 There is $130,000.00 budgeted in line item 15 15-601-571, the "Eagle Ridge Road Project." Tetra Tech 16 proposes to provide these services for a lump sum amount 17 of $93,300.00. No topographical surveying is 18 anticipated as acceptable quality Light Detection and 19 Ranging (LiDAR) data is publicly available for the area 20 of Kerr County that includes Eagle Ridge Road. So that 21 was a cost savings. Bobby found that and made sure 22 Tetra Tech had what they needed. Tetra Tech felt like 23 it was going to work out well. 24 So County Engineer requests that the Court 25 approve and authorize the County Judge to execute a 78 1 professional engineering services contract with Tetra 2 Tech, Inc. to prepare a Safety Analysis and Master Plan 3 for Eagle Ridge Road in the amount of $93,300.00. 4 Precinct 2. 5 JUDGE KELLY: By way of introduction, this 6 is new to you, but to catch the public up on where we 7 are, Eagle Ridge Road is the subject of a plat 8 application for the Twin Creek Subdivision that we 9 disapproved for a number of reasons, and which is now up 10 on appeal. 11 By the way, the developer sued us, sued the 12 County and sued me individually, and it went before the 13 visiting Judge who found for us I think at least three 14 or four rulings in a row, and it is now before the Court 15 of Appeals. 16 Part of the issue is the safety concerns 17 with regard to Eagle Ridge Road and the need for a turn 18 lane onto Eagle Ridge Road off of 27. A left turn lane. 19 COMMISSIONER HARRIS: 173. 20 JUDGE KELLY: 173. Yes, I'm sorry. 173. 21 And so with that, even though we're in litigation, we 22 need to know what it's going to take to bring Eagle 23 Ridge Road up to County specs as a collector road. We 24 have varying degrees of base on the road from prior 25 studies. We know that. And a lot of people may be 79 1 asking why are we not putting this out for public bid? 2 And that's because Tetra Tech is the consulting expert 3 with us, as we speak, through the whole East Kerr County 4 wastewater line, and has done work for us before, and we 5 hired them to give us an estimate of what it's going to 6 cost them to tell us how to make Eagle Ridge Road safe. 7 So that's what we're doing here. 8 And when you use your own -- use your own 9 professionals that you're under contract with, you don't 10 have to put it out for public bid. So before we get 11 Baroody eyes on this thing, that's why we don't have to 12 get public bids here. 13 But -- so with that, this is the cost 14 estimate for the engineering services to tell us what 15 needs to be done out there. 16 COMMISSIONER LETZ: Judge -- 17 COMMISSIONER PACES: It's a lump sum bid. 18 JUDGE KELLY: Yes. 19 COMMISSIONER LETZ: -- my question is, you 20 know it's kind of a chicken and egg. 21 JUDGE KELLY: Yeah. 22 COMMISSIONER LETZ: We don't know where the 23 subdivision is going because it's on appeal. If the 24 subdivision doesn't happen, or doesn't happen as was 25 originally proposed, it may or may not be a collector 80 1 road, which may or may not need this kind of a study. 2 So it seems that we need to have -- to find 3 out the result of the appeal before we can spend 4 taxpayer money on something that may or may not be 5 needed. 6 JUDGE KELLY: Well, I understand the chicken 7 and the egg concept here. But that 854 acres at some 8 point is going to be developed. And I don't know if -- 9 I don't know if it can be developed in its current 10 configuration. Ironically, the developer submitted four 11 different plat approvals to us. Four. And they've sued 12 us trying to enforce not the last one they gave us, but 13 the fourth one, but the second one. And that's one of 14 the reasons they lost. Because you can't just go cherry 15 pick which one of the four you want -- you want to have 16 enforced. But at some point it is going to be 17 developed, whether they sell it to another developer or 18 what happens. 19 COMMISSIONER PACES: Part of the problem 20 that I see here, is that we have already -- you know, 21 there are -- two different engineering studies have been 22 done with respect to the safety of Eagle Ridge Road as 23 is. And both have concluded that there are serious 24 issues with the road. In essence, it creates some 25 liability for the County if we sit here and do nothing. 81 1 Now, it -- 2 COMMISSIONER HARRIS: It could be developed 3 into large lots. It could change. 4 COMMISSIONER PACES: And that's the key of 5 this study is to tell us what we need to do, when we 6 need to do it, depending on how that thing gets 7 developed, because there is a good likelihood that it 8 ends up being developed with ten acre lots. And, you 9 know, that will take it from 98 homes down to 80 10 something. 11 So you know, I suspect we're still going to 12 need to do something, it just may not be full collector 13 road status. But that's the whole idea behind doing the 14 engineering is to find out what we need to do and when 15 we need to do it or at least have those recommendations 16 in front of the Court to consider. 17 JUDGE KELLY: And -- and to flush out -- I'm 18 going to build on what Commissioner Letz said. The way 19 the subdivision is presently configured, it does not 20 meet permitting requirements for Headwaters to be able 21 to put water wells on those lots. We've told the Court 22 and the trial division Judge and we're telling the 23 appellate court, it's really kind of moot. You can 24 order us to sign the plat, but they can't build it. So 25 we gotta do something. What this is, this tells us what 82 1 can and can't be done out there. And at some point we 2 need to know it and, quite frankly, I think at some 3 point an appellate court is going to order us to go to 4 mediation with the developer and we're going to have to 5 talk about these things and I'd rather know what it's 6 going to cost and what needs to be done so I don't have 7 to sit in negotiations like that. And if we go in 8 without it, we don't know. 9 COMMISSIONER HARRIS: I think it's a lot of 10 money to spend up front. 11 COMMISSIONER LETZ: It's just that 12 there's -- as I've said before, there are many roads in 13 similar situations. And we're not doing traffic studies 14 on those roads. And there will be -- 15 JUDGE KELLY: Well -- 16 COMMISSIONER LETZ: -- I'm thinking of a lot 17 of them out in Don's area really, in recent years in the 18 past couple years that have been developed. 19 COMMISSIONER HARRIS: We're going to visit 20 one tomorrow. 21 COMMISSIONER LETZ: It's just -- 22 COMMISSIONER PACES: We don't have 23 engineering studies that say they're unsafe. That's -- 24 that's kind of the difference. We know there are roads 25 that aren't great and we need to be careful what we -- 83 1 COMMISSIONER LETZ: How long will it take to 2 do the study? 3 COMMISSIONER PACES: Well, we have a 4 representative from Tetra Tech. 5 JUDGE KELLY: Who we've gotten to know very 6 well over the last six years. 7 COMMISSIONER PACES: This is Don Burger. 8 MR. BURGER: My name is Don Burger with 9 Tetra Tech, and we're looking at a three-month schedule 10 approximately to get everything done. We do have some 11 geotechnical analysis and so that -- that will roll into 12 that how long it takes to get a crew out there to do 13 borings and that kind of thing and then get a report 14 back from our geotechnical engineer. But otherwise, the 15 rest of the work is fairly straightforward. And we're 16 looking at, you know, February as a time to come back to 17 you all with a draft report to discuss and make a 18 presentation. 19 JUDGE KELLY: Okay. Thank you. 20 Procedurally where we are is the County Engineer has 21 discussed this project with the consultant and made a 22 recommendation that we approve these expenses to find 23 out what it's going to cost to fix the road. As a 24 Court, we do not have a motion or a second at this 25 point. 84 1 COMMISSIONER PACES: Well, let me go ahead 2 and correct that. I'll make a motion that the Court 3 approve and authorize the County Judge to execute a 4 professional engineering services contract with Tetra 5 Tech, Inc. for a safety analysis and master plan for the 6 Eagle Ridge Road in the amount of $93,300.00. Now 7 there's a motion. 8 JUDGE KELLY: We have a motion. And I'll 9 second the motion just so that we have this discussion. 10 Okay. I know we have one member of the public that has 11 asked to speak to us on this topic. Mr. McGuire, would 12 you like to address the Court? 13 MR. McGUIRE: Yes, sir. 14 Thank you, Judge, Commissioners. I did not 15 expect to be here today. I was caught by surprise. A 16 phone call mid Saturday, just before I went to a 17 funeral, someone alerted me that Eagle Ridge Road was on 18 the agenda today. And I thought, gee, I'm shocked. I 19 thought we'd dealt with Eagle Ridge Road. I thought 20 that the courts denied the plat. 21 In July we heard the developer had sued the 22 County. Then we heard the lawsuit had been dismissed 23 and we thought this was over. And apparently it's not 24 over. And I'd just like to review some things which 25 left us kind of confused. Because after the County 85 1 denied the plat and Judge Kelly and the Court decided to 2 propose a value engineering study, value engineering 3 study was the terms that were used, we expressed some 4 concern about the scope and the assumptions that were 5 going to be used. 6 And so consequently, kindly, we were invited 7 to a preliminary meeting with Tetra Tech and the County. 8 And we listened and we were told that they were going to 9 proceed to get educated, but we were going to be -- the 10 neighbors of Eagle Ridge Road would be kept informed, 11 which we weren't. 12 And now all of a sudden, we find out it's 13 being considered today. Last minute. So I want to read 14 a letter that we sent to the Commissioners back in May 15 and the letter reads: It was another interesting day at 16 the Kerr County Court. I may not have not been entirely 17 clear on my comments. The scope of the report will 18 determine the cost. If appropriate instructions are not 19 given to the engineering report, as was the case in two 20 earlier reports, if you will, commissioned by the 21 developer, the conclusion can either be misleading or 22 wrong. 23 The report should not be approved until the 24 Commissioners sign off on the scope. We are not 25 comfortable allowing the bureaucracy to do this. The 86 1 bureaucracy keeps referring to 2030 it will phase in 2 over time. They're wrong. Heavy traffic will commence 3 immediately with cement trucks and gravel haulers. 4 Instructions given to the engineering firm 5 need to address the urgency to bring Eagle Ridge Road 6 into compliance now. Right now. Not in 2030. Until 7 that happens, the project should not be allowed to go 8 forward. As I stated today, the developer did not do 9 his due diligence when he bought the ranch. When an 10 investor does not do appropriate due diligence, they 11 always suffer the consequences and lose money. They 12 should -- this should not be on Kerr County's back. 13 And it says, and please keep us posted 14 regarding any meetings that may be scheduled complete -- 15 concerning Eagle Ridge Road. This has not happened. We 16 didn't know about an appeal. We thought this was over 17 with. So I'm -- that's, if you will, our preliminary 18 comment. Okay. 19 Now regarding the report, and the scope of 20 the report, which is something that we were concerned 21 about back whenever. Originally the Court requested a 22 value engineering report. Tetra Tech is proposing a 23 master plan for Eagle Ridge Road. There is a big 24 difference between a value engineering study and a 25 master plan. If you will. And they are also proposing 87 1 to address the intersection of Eagle Ridge Road and 173. 2 I thought that the Court instructed that the 3 value engineering study was going to be performed on 4 three miles of Eagle Ridge Road. The TxDOT folks are 5 very familiar with the intersection of 173, and they 6 have all sorts of engineers and experts, so why is the 7 County going to pay someone else to do what TxDOT can 8 already do. Free of charge. Also, they propose to 9 review the existing -- 10 JUDGE KELLY: Mr. McGuire, do you hear your 11 time? 12 MR. McGUIRE: I'm not finished. I have a 13 few other -- they're proposing to do a master plan -- 14 JUDGE KELLY: Your three minutes are up. 15 MR. McGUIRE: -- review -- Judge, we got 16 blind-sided by this whole thing. They're going to do a 17 master plan on Kerr County. We have been talking -- 18 JUDGE KELLY: Mr. McGuire. 19 MR. McGUIRE: -- to the federal highway 20 department -- 21 JUDGE KELLY: Mr. McGuire. Your time is up. 22 Thank you. 23 MR. McGUIRE: I hope we have another chance 24 to appear before the Court. Because I do not feel that 25 you are giving us adequate time. Thank you. 88 1 JUDGE KELLY: Any other discussion? 2 COMMISSIONER HARRIS: Well, from your point 3 of view, if you were to go to the mediation and you'd 4 like to know what we were up against cost-wise, right, 5 is what you basically said? 6 JUDGE KELLY: Yeah. 7 COMMISSIONER HARRIS: You can go in there 8 knowing a high and a low estimate. So from that point 9 of view, I'd rather pump the brakes on this. 10 COMMISSIONER PACES: You know, one of the 11 things that would have been very useful we were kind of 12 flying in the dark in terms of what it would actually 13 cost to upgrade Eagle Ridge Road and make it safe. And 14 we were having discussions from time to time with the 15 developer and, you know, initially we kinda had a rough 16 agreement where they were going to put some money 17 towards the improvements and included TxDOT in all that. 18 The trouble was -- 19 JUDGE KELLY: Well, can we save that for 20 Executive Session. 21 COMMISSIONER PACES: Is it? Okay. That's a 22 fair point. 23 JUDGE KELLY: I think so. But the 24 assumption that the issue on Eagle Ridge Road, the issue 25 with the intersection of 173 and Eagle Ridge, and the 89 1 issue of development of the surrounding area is far from 2 over. It has just begun. And this lawsuit, we don't 3 know what's going to happen in the lawsuit. We don't 4 know how long it's going to take. Right now we're not 5 being ordered to do anything. That could change. 6 But in any event, someone is going to 7 want -- they got nine million dollars tied up in that 8 property out there. And the road base is already down. 9 And this problem is not going away anytime soon. I 10 don't know if they're going to try to discount the 11 property and sell it to another developer. I don't know 12 what they're going to do. They're not talking to us. I 13 know that. 14 And I don't want to be blind-sided when some 15 developer comes in here and says here's my plan, this is 16 what I want to do. And oh, we tapped the brakes so now 17 let's go back and find out what it's going to cost to 18 fix Eagle Ridge Road. What it's going to cost to do this 19 stuff. Because -- and you know, at some point this is 20 going to happen. It is reasonably foreseeable in the 21 near future that we're going to have to deal with this 22 issue. And it's not over. 23 COMMISSIONER PACES: Do you want to pass on 24 the item until -- and discuss it further in Executive 25 Session and come back? 90 1 JUDGE KELLY: We can do that. 2 COMMISSIONER HARRIS: I've said all I need 3 to say or want to say. I mean, you know, I don't want 4 to spend $93,000.00 of taxpayer money before we know 5 what's going on with the county road. Again, I think we 6 need to tap the brakes on that. We can always do it 7 down the road. 8 COMMISSIONER LETZ: I mean, I said basically 9 the same thing. I think that -- I want to know why we 10 need to spend the money. And I suspect we will need to 11 spend it, but I would like to know where we're going 12 with the appeal. 13 JUDGE KELLY: Well, where we're going with 14 the appeal? 15 COMMISSIONER LETZ: Well, if it's appealed, 16 I mean what their plans are. What the developer's plans 17 are. I mean we have no idea at this point. I suspect 18 you're right. It will be developed, but we have no idea 19 what type of development it'll be. 20 JUDGE KELLY: Well, that's true. We know 21 that it's not going to be 8.5 acre lots. 22 COMMISSIONER HARRIS: Right. 23 COMMISSIONER LETZ: We know what it's not. 24 That's true. 25 COMMISSIONER HARRIS: Right. That's the 91 1 only thing we know. 2 COMMISSIONER LETZ: That's true. 3 COMMISSIONER PACES: But anyway -- 4 COMMISSIONER LETZ: Well, that could be up 5 to the Court's decision. 6 COMMISSIONER PACES: That's right. 7 JUDGE KELLY: That's not up to us. 8 COMMISSIONER LETZ: Yeah. 9 COMMISSIONER PACES: Right. It's not up to 10 us. 11 JUDGE KELLY: Is there a need to go into 12 Executive Session where we could talk about the lawsuit? 13 COMMISSIONER LETZ: I don't see it at this 14 point. I think that -- 15 JUDGE KELLY: Okay. We've got a motion and 16 a second. 17 COMMISSIONER PACES: Were we going to talk 18 about it in Executive Session anyway, in terms of the 19 lawsuit? 20 MRS. STEBBINS: No. No. 21 JUDGE KELLY: It's not on the agenda. The 22 only way we get there is if it is an agenda item. Okay. 23 So those in favor of hiring Tetra Tech to give us a cost 24 estimate on Eagle Ridge Road as presented here? Those 25 in favor say aye. Opposed? 92 1 (Commissioners Letz and Harris opposed.) 2 JUDGE KELLY: And abstain? 3 COMMISSIONER OVERBY: I didn't really vote 4 because I don't really know all the background of all 5 that. 6 JUDGE KELLY: So it's two, two and one. 7 COMMISSIONER PACES: It doesn't pass. 8 JUDGE KELLY: So it doesn't pass. The vote 9 is two, two and one. 10 COMMISSIONER PACES: Okay. 11 JUDGE KELLY: Okay. Sorry. So that gets us 12 down to Item 1.18, which is consider, discuss and take 13 appropriate action for the Court to authorize the County 14 Engineer to establish standards for the issuance of 15 driveway permits for private installation and 16 maintenance of mailbox clusters in County right of way. 17 Mr. Hastings. 18 COMMISSIONER LETZ: Judge, I'm going back to 19 the last one. Considering Commissioner Overby really 20 doesn't have a clue what this thing is -- 21 COMMISSIONER OVERBY: No. 22 COMMISSIONER LETZ: -- I understand her 23 abstention. I would recommend it be put back on the 24 agenda, you know possibly at our next meeting after she 25 has time to understand it. I mean -- 93 1 COMMISSIONER OVERBY: Do we -- don't we have 2 a meeting next Monday? 3 COMMISSIONER PACES: Yeah. But not on this. 4 It's a -- 5 COMMISSIONER HARRIS: It's a canvass of the 6 election. 7 COMMISSIONER LETZ: And I need to visit with 8 the County Attorney. 9 COMMISSIONER OVERBY: So I -- 10 COMMISSIONER HARRIS: I wouldn't put it on 11 the next one. I mean not the special one. 12 COMMISSIONER LETZ: Okay. Not the special 13 one but I mean in our next regular. Just -- I mean, I'm 14 probably not going to change my vote but I think -- 15 COMMISSIONER HARRIS: I won't either. 16 COMMISSIONER PACES: Well, there you go. 17 JUDGE KELLY: Well, you're not going to be 18 here? No, I'm not going to put it on the agenda if 19 you're not going to be here. That's not right. 20 COMMISSIONER HARRIS: No, I'll be here. 21 COMMISSIONER LETZ: Anyway -- 22 JUDGE KELLY: We'll put it -- we'll put it 23 on the -- 24 COMMISSIONER HARRIS: I'll show you my hand. 25 JUDGE KELLY: Here's what we're going to do. 94 1 We're going to put it on a future agenda and we'll put 2 it on the regular agenda -- the consideration agenda as 3 well as the Executive agenda so we can go back and forth 4 as needed. 5 COMMISSIONER HARRIS: Yes. Good idea. 6 COMMISSIONER OVERBY: Fair. 7 JUDGE KELLY: So that's -- that's the 8 resolution on that one. 9 COMMISSIONER HARRIS: You're liable to get 10 some e-mails. 11 JUDGE KELLY: Item 1.18. 12 MR. HASTINGS: Thank you, Judge. A number 13 of mailbox clusters exist in Kerr County along various 14 state highways for properties in the area, but not 15 necessarily addresses on that State highway. As these 16 areas have grown, more and more mailboxes have been 17 added to those, these clusters, the main issue being 18 mail delivery limitations imposed by the postmaster 19 (i.e., denying mail delivery beyond the existing mailbox 20 cluster area). 21 New subdivision developments are now 22 required to provide for mail service, so we're getting 23 that resolved, typically by designing for and 24 constructing a mailbox cluster at the entrance to the 25 subdivision; however, the existing clusters have become 95 1 more problematic as the Texas Department of 2 Transportation has recently revised their policies to 3 only allow for the installation of mailboxes for those 4 addresses that are physically addressed off of a state 5 highway, thus there are dozens, if not hundreds, of 6 mailboxes that must be removed throughout Kerr County. 7 TxDOT approached the Kerr County 8 Commissioners' Court about two years ago searching for a 9 solution. The idea was to relocate said mailbox 10 clusters to County right of way; however, the Court 11 required that this idea be studied further by TxDOT with 12 the Road & Bridge Administrator, County Engineer, the 13 Postmaster, and local homeowner associations where 14 applicable, and brought back to the Court to solve 15 issues inherent with the relocation. 16 Several meetings have been held with the 17 above parties to find a solution that would work for all 18 involved and it is believed that the existing County 19 Engineer driveway permitting system could be modified to 20 allow for standards to be developed on a case by case 21 basis to allow a mailbox cluster to be installed and 22 maintained privately by a homeowners association with 23 the consent of the adjacent property owner. 24 The standards would provide for suitable 25 pavement to be installed by the applicant to protect and 96 1 preserve the edge of the road and drainage ditch, allow 2 for vehicles to safely exit and re-enter the road to 3 deliver or receive the mail, and provide a means for 4 vehicles to turn around, and provide for ongoing 5 maintenance to be performed by the applicant. The 6 permit fee would remain the same as the ordinary 7 driveway, it's $25.00. 8 I'm asking that the Court authorize the 9 County Engineer to establish standards for issuance of 10 driveway permits for private installation and 11 maintenance of mailbox clusters in the County right of 12 way. 13 COMMISSIONER HARRIS: I move for approval. 14 COMMISSIONER PACES: Second. 15 JUDGE KELLY: Got a motion and a second to 16 approve the County Engineer establishing standards for 17 these driveway permits and mailbox clusters as 18 presented. 19 COMMISSIONER LETZ: I'm confused. We 20 started off talking about state highways -- 21 MR. HASTINGS: Yes. 22 COMMISSIONER LETZ: -- and then we end up on 23 County roads. There are hundreds, if not thousands, of 24 mailbox clusters on County roads that are -- no one has 25 permission from the adjacent landowner. They're in the 97 1 County right of way, and they're not maintained -- I 2 mean there's no mechanism -- talk about HOA people 3 required but there's no HOA. So I mean how do -- moving 4 forward, I mean I agree with the policy, but I'm 5 concerned about all the ones that are existing 6 everywhere right now. 7 COMMISSIONER PACES: And then they get -- 8 JUDGE KELLY: I think that's a concern. 9 COMMISSIONER PACES: -- new ones. I don't 10 know. 11 COMMISSIONER LETZ: I mean that's -- that's 12 my thinking. I mean, if it's going to be grandfathered, 13 we need to clearly state everything existing is 14 grandfathered. Because there's -- these are everywhere. 15 And I agree they're a problem and you and I have talked 16 a lot about them. And I think -- you know, I like 17 the -- it's not just the clusters. I think the bigger 18 problem that I see right now are the new mailboxes that 19 are made of rock that are in the County right of way 20 that are a safety hazard. And this doesn't address that 21 at all. We're only talking about clusters here. 22 JUDGE KELLY: Well, it could address it, 23 because this is for him to establish standards. If we 24 walk this problem back to the beginning, when TxDOT 25 changed their rule on mailboxes, it triggered a cause 98 1 and effect. And you can only -- what, you can only put 2 them in -- you had to have a state highway address. 3 Isn't that right? 4 MR. HASTINGS: Yes, sir. 5 JUDGE KELLY: And there's a lot of mailboxes 6 that do not have state highway addresses and most of 7 them are on County roads. And so TxDOT's created the 8 problem. We've got to figure out what to do about it. 9 What you're pointing out is those -- 10 COMMISSIONER PACES: It's a bigger problem. 11 JUDGE KELLY: Yeah. It probably affects 12 much larger than just -- 13 COMMISSIONER LETZ: TxDOT. 14 JUDGE KELLY: That's right. 15 COMMISSIONER LETZ: And it's a -- and I 16 mean, I don't know how you go back and -- and without 17 grandfathering all the ones that exist. I mean, they're 18 everywhere. 19 JUDGE KELLY: Well, as far as right-of-ways 20 go, I think the -- our County roads -- we have County 21 right-of-ways. Some of the State highways, we don't 22 have right-of-ways. 23 COMMISSIONER LETZ: Right. It's a State 24 right of way and their rules are -- whatever the State 25 has. I don't know what their rules are. 99 1 JUDGE KELLY: Some of them on 39 don't even 2 have right of way. 3 COMMISSIONER LETZ: That's true. 4 JUDGE KELLY: It's crazy. 5 COMMISSIONER HARRIS: Well, Charlie and 6 Kelly and I visited a week or two ago with -- for the 7 second time, a subdivision in my precinct and it is 8 unique, wanting to move them off State highways, the 9 mailboxes off of state highway on an area that might be 10 suitable with the County. 11 In conversation with Kelly and -- and County 12 Engineer. And we all looked at that. Now that's not -- 13 if we don't have a suitable place, you know, that's 14 still their problem. You know. As well as the 15 postmaster. I mean, we all met out there. And we're 16 kind of low man on the totem pole when it comes to say 17 what -- what mailboxes, as far as where they can be and 18 where they can't be. And am I misstating this? I mean 19 we're -- we're not the go-to. 20 People call me and say, hey, I need to put a 21 mailbox here on the County road. No, you gotta go to 22 the postmaster. Because they have contractors that 23 are -- charge them so much a mile. And somebody says I 24 need, you know, another half mile out. Well, that's -- 25 you know about 300 mail deliveries a year, that's 150 100 1 miles that that contract person will have to travel and 2 they're not going to do it. You know. Half mile 3 doesn't seem that much one day but it's a half mile in 4 and half mile back and so, you know, it adds up. And so 5 we're kind of -- there has to be an agreement with the 6 postmaster first, and whether it can be changed or 7 moved. 8 JUDGE KELLY: Well, really I think all we're 9 really doing here is asking Charlie to start trying to 10 wrestle with this problem. We're not going to eat this 11 elephant in one season. 12 COMMISSIONER HARRIS: No. 13 JUDGE KELLY: We've got private landowners, 14 we've got postal service. We've got TxDOT. We've got 15 our concerns. But if we don't start working on it at 16 some point, nothing's going to happen. 17 COMMISSIONER PACES: It seems like there 18 ought to at least be a guideline where the public know 19 that they have to go to the post office first or County 20 Engineering first or whatever. But it -- you know, it 21 would be very handy to have a document out there that 22 will -- 23 COMMISSIONER HARRIS: Without a doubt. 24 That's why I made a motion to accept this. 25 COMMISSIONER PACES: Okay. 101 1 COMMISSIONER HARRIS: But Commissioner Letz 2 brings up very good, very valid points. 3 COMMISSIONER PACES: Absolutely. 4 JUDGE KELLY: These are just recommendations 5 we're talking about. And the problem is much bigger 6 than just what we talked about in this. 7 COMMISSIONER LETZ: The problem is -- I 8 mean, there needs to be some sort of written guideline. 9 COMMISSIONER PACES: Yeah. 10 COMMISSIONER LETZ: I mean, you can't just 11 say it's case by case. 12 COMMISSIONER PACES: We're asking Charlie to 13 come up with -- 14 COMMISSIONER LETZ: I -- I can't vote for 15 that. 16 JUDGE KELLY: I think that's what he's 17 asking us to do, is put together some written 18 recommendations to it so we have some. 19 COMMISSIONER LETZ: But he's going to come 20 back with written recommendations we can vote on? I -- 21 this is case by case. 22 MR. HASTINGS: I wanted to handle it case by 23 case with our existing driveway permitting system. I 24 was going to modify that permit to include 25 specifications for a mailbox cluster. There has to be 102 1 an entity that's going to sign the document, and by 2 signing it, they're saying we're going to maintain this 3 pavement that we built. It's not going to work on every 4 road in the County. The one that we're visiting with 5 Commissioner Harris on, it'll work in that one area that 6 they've suggested and there happens to be enough 7 right-of-way and so if we -- if we have that case by 8 case ability then the ones that actually do make sense, 9 we would just issue them a driveway permit and it would 10 be in the name, in this particular one, of the HOA but 11 there would also be signature blocks for the adjacent 12 landowners. 13 I -- I don't -- we don't have a solution for 14 every mailbox in the County. We just don't. But this 15 one, the HOA has worked hard. They rolled their sleeves 16 up to come up with a solution and it looks like really 17 all they need is just permission from the Court to be in 18 the right of way with this mailbox cluster. And if they 19 do it to the specifications that we have specific just 20 for that one area, it's going to be -- this is why it 21 needs to be case by case. 22 This isn't going -- I don't see us having 23 more than maybe half a dozen of these that will actually 24 work in the County. But this particular area they've 25 got a road with 60 foot of right of way and we don't 103 1 always have that. We do in this one. 2 JUDGE KELLY: Is there anything preventing 3 us from addressing that on a case by case basis when you 4 come in with a specific request? 5 COMMISSIONER PACES: Yeah, then why do we 6 need to -- 7 MR. HASTINGS: Because that way, too, I 8 could bring them in case by case to the Court and let 9 the Court decide. If you like. 10 JUDGE KELLY: Well, I think -- I think at 11 this point, because the problem they're going to bring 12 them to us case by case and we're going to have to deal 13 with them case by case. And I like your forward 14 thinking of trying to come up with some standards and 15 some guidelines so that we have something to kind of 16 recommend to people. You know, go figure it -- solve 17 your open problem here, but here's the guidelines that 18 you need to follow. 19 COMMISSIONER PACES: I thought that's what 20 we were talking about. 21 JUDGE KELLY: Well, we do have a motion and 22 did we get a second? 23 COMMISSIONER PACES: Yeah. 24 JUDGE KELLY: Got a second. 25 MR. HASTINGS: The alternatives for the 104 1 folks that have these mailboxes is that they could get a 2 P.O. box somewhere. 3 JUDGE KELLY: I know. Sure. 4 MR. HASTINGS: Or they could maybe convince 5 the post office to come and deliver mail if they put the 6 mailbox out in front of their home. 7 COMMISSIONER OVERBY: Working in the federal 8 office, you hear a lot about post office issues. 9 JUDGE KELLY: You hear a lot. 10 COMMISSIONER OVERBY: Yeah. I mean -- 11 JUDGE KELLY: She's concerned about the 12 elderly and the disabled. 13 COMMISSIONER OVERBY: Yeah. There's a lot 14 of people that -- 15 JUDGE KELLY: Oh, I hear it. 16 COMMISSIONER OVERBY: -- they -- they want 17 it delivered to their home. I mean they don't even want 18 a cluster. They want it delivered to their homes. 19 It's -- that's a hot topic. 20 COMMISSIONER LETZ: And that's a -- I mean, 21 the post office has their rules and we can't change 22 their rules. 23 COMMISSIONER OVERBY: Yeah. Right. 24 COMMISSIONER LETZ: But, you know, my 25 concern -- and the ones you're talking about, I totally 105 1 understand about some of those on State highways and 2 other things. My concern is County roads. Somebody 3 goes in to anywhere, you know, any Precinct, any County 4 road, and they just have a cluster, which is -- I call 5 it cluster, you know, more than one mailbox, and someone 6 decides to add -- you know, have a son build a house and 7 add another mailbox and all of a sudden they need a 8 permit. And that's what we're saying here and, no, I 9 won't go for that. I want them to tell you -- I want 10 them to come to the Court. And I'm fine with what 11 you've worked out in Precinct 4 right now, but I'm not 12 fine with doing a blanket authority. 13 COMMISSIONER PACES: Yeah. My -- my 14 understanding is that we're not going to grant a blanket 15 authority, we're just looking to establish some 16 standards or guidelines, if you will, to help the public 17 as they work through each and every process. I would 18 almost recommend changing it from mailbox clusters to 19 just mailboxes. If -- if we're just going to provide 20 guidance, you know, we'll still have to -- 21 COMMISSIONER LETZ: Well, we don't have 22 authority on mailboxes. It's up to the post office. 23 MR. HASTINGS: The post office does have 24 their own standards. 25 COMMISSIONER PACES: Whatever document we 106 1 prepare will say that. 2 COMMISSIONER OVERBY: It would be -- yeah. 3 COMMISSIONER PACES: And it will say go talk 4 to the post office first. 5 COMMISSIONER OVERBY: So this is only for 6 new installations? Does -- 7 MR. HASTINGS: This is specifically for 8 existing mailboxes that are a problem on the TxDOT 9 highway and TxDOT'S been -- they said hey, we'll 10 relocate these if you can give us a place. 11 COMMISSIONER HARRIS: And they're willing to 12 pay for -- 13 COMMISSIONER OVERBY: And so TxDOT -- 14 COMMISSIONER HARRIS: -- some of the -- 15 COMMISSIONER OVERBY: -- is going to take 16 the -- And how many -- how many of them are there? 17 MR. HASTINGS: It's really only -- I can't 18 remember how many locations TxDOT told us about. Was it 19 six or seven? 20 MS. HOFFER: Yeah. 21 MR. HASTINGS: Six or seven. And then this 22 one out of those six or seven is very viable. The other 23 ones not so much. 24 COMMISSIONER LETZ: If this is limited to 25 those state highway, I'm okay with it. 107 1 COMMISSIONER OVERBY: Right. 2 COMMISSIONER LETZ: But that's not what it 3 says as I read it. It says -- and it starts out a state 4 highway and then you start talking about County roads. 5 So I mean if it's only those that are -- where TxDOT's 6 requiring can be moved -- 7 COMMISSIONER OVERBY: Then you need to give 8 them -- 9 COMMISSIONER LETZ: -- then you -- then I'm 10 fine with that. 11 COMMISSIONER HARRIS: To move forward on 12 this, why don't you and I sit down with Charlie and 13 Kelly and go over this. Can we pass on this and then 14 maybe put our heads together? 15 COMMISSIONER PACES: That sounds like a good 16 idea. 17 COMMISSIONER OVERBY: Then we can move on to 18 the next item. 19 JUDGE KELLY: Okay. We'll pass on that and 20 move on to Item 1.19 consider, discuss and take 21 appropriate action regarding a final plat for Yellow 22 Roses Estates and the acknowledgement of completion of 23 associated construction of private roads and drainage. 24 Mr. Hastings. 25 MR. HASTINGS: This proposal subdivides 108 1 408.15 acres into 13 lots. The sizes of those lots 2 range from 20.14 to 50.03 acres. A concept plan was 3 presented to the Court on September 12th, 2022. This 4 subdivision was vested in the 2007 Kerr County Rules and 5 Regulations on December 12, 2022 by Order No. 39709. 6 Access to the proposed subdivision will be 7 from three newly constructed private roads known as 8 Yellow Rose Road, Aveja Bluff Road, and Giallo Rose 9 Drive (totaling 1.15 miles) off of State Highway 39. 10 Private roads and drainage are to be maintained by the 11 developer and/or the homeowners association. 12 A final walkthrough of the subdivision was 13 conducted by the Kerr County Engineering Department on 14 November the 2nd, 2023. Construction of the private 15 roads and the private drainage was complete and in 16 compliance with Kerr County subdivision regulations. 17 Portions of the property are in the 18 floodplain and must meet regulations for development in 19 the floodplain. 20 The County Engineer requests the Court 21 consider, discuss and take appropriate action regarding 22 a final plat for Yellow Roses Estates and the 23 acknowledgment of completion of the associated 24 construction of private roads and drainage to be 25 maintained privately by the developer or the HOA. This 109 1 is in Precinct 4. 2 This is doing two things, it's approving the 3 plat and it's also acknowledging that they are complete 4 with all construction. 5 COMMISSIONER HARRIS: I move for approval. 6 MR. HASTINGS: And they did not file the 7 plat and post a bond like some folks do. They did the 8 improvements and finished them before bringing the final 9 plat. 10 COMMISSIONER HARRIS: I move for approval. 11 COMMISSIONER LETZ: Second. 12 JUDGE KELLY: Got a motion and second to 13 approve the final plat approval for Yellow Roses Estates 14 and an acknowledgement of completion of the associated 15 construction of private roads and drainage has been 16 completed. Any discussion? 17 COMMISSIONER HARRIS: This was well put 18 together. 19 JUDGE KELLY: Yeah. Okay. For those in 20 favor say aye. Opposed? Unanimous. 21 Item 1.20 consider, discuss and take 22 appropriate action for the Court to set a public hearing 23 for 10:00 a.m. on December 27, 2023, for a revision of 24 plat for Kamira, Lots 19 and 22. 25 MR. HASTINGS: This proposal revises and 110 1 combines Lot 19, 15.24 acres as platted, and Lot 22, 2 13.13 acres as platted, into Lot 22R, 28.34 acres. Road 3 frontage will be on Oakcrest and Wildridge. 4 County Engineer requests the Court set a 5 public hearing for 10:00 a.m. on December 27th, 2023 for 6 a revision of plat for Kamira Lots 19 and 22, Volume 5, 7 Page 186. Precinct 1. 8 COMMISSIONER LETZ: Move for approval. 9 COMMISSIONER OVERBY: I'll second that. 10 JUDGE KELLY: Got a motion and a second to 11 approve setting a public meeting for Kamira Lots 19 and 12 22 for December 27 at 10:00 a.m. Is there any other 13 discussion? Those in favor say aye. Opposed? 14 Unanimous. 15 1.21 consider, discuss and take appropriate 16 action for the Court to set a public hearing for 10:00 17 a.m. on December 27 for a revision of plat for 18 Montebello Estates, Section 2, Lot 31. 19 MR. HASTINGS: In November 2021, Lot 31 of 20 Montebello Estates Section 2, 6.51 acres as originally 21 platted, was revised and subdivided into two lots. The 22 revision included a 30 foot-wide access easement across 23 Lot 31R for access -- Lot 31R1 for access to an area of 24 Lot 31R2 that is not in the floodplain. The majority of 25 both lots are in the floodplain, so this access easement 111 1 was necessary so that Lot 31R2 would -- could have 2 access during a flood to the buildable area of the 3 property. 4 This proposal cancels and removes this 5 access easement. Both proposed lots are in the 6 floodplain and must meet requirements for development 7 within the floodplain. 8 County Engineer requests the Court set a 9 public hearing for 10:00 a.m. on December 27, 2023 for a 10 partial cancellation to a revision of plat for 11 Montebello Estates Section 2, Lot 31. File Number 12 21-10118, Precinct 2. 13 COMMISSIONER PACES: I'll make a motion that 14 we approve setting a public hearing 10:00 a.m. on 15 December 27, 2023 for a revision of plat for Montebello 16 Estates Section 2, Lot 31. 17 COMMISSIONER LETZ: Second. 18 JUDGE KELLY: Got a motion and second to 19 approve setting a public hearing for Montebello Estates, 20 Section 2, Lot 31. Any discussion? Those in favor say 21 aye. Those opposed? Unanimous. 22 MR. HASTINGS: Judge, can I make one -- and 23 this is for the clerk. When it gets advertised, make 24 sure that it says for a partial cancellation to a 25 revision of plat, as it's worded in here. That's 112 1 critical. This is going to be a partial cancellation. 2 It's not a revision of plat. It's a partial 3 cancellation. They're just removing one part of that 4 plat. 5 MR. COLLUM: We're talking about for Item 6 1.22? 7 MR. HASTINGS: That is for Item 1.21. 8 MR. COLLUM: 21. Okay. 9 MR. HASTINGS: The Montebello Estates. Yes, 10 sir. 11 MR. COLLUM: Okay. Thank you. 12 MR. HASTINGS: Yes. Thank you. 13 JUDGE KELLY: Item 1.22 consider, discuss 14 and take appropriate action for the Court to set a 15 public hearing for 10:00 a.m. on December the 27th, 16 2023, for a partial cancellation and revision of plat 17 for YO Ranch Headquarters, Tracts 15, 16, 21 and 25. 18 MR. HASTINGS: This one's a little bit 19 different. They're going to both do a partial 20 cancellation and a revision of plat, whereas the one 21 previous is just a partial cancellation. 22 This proposal revises and cancels parts of 23 Tracts 15, 16, 21 and 25 of the YO Ranch Headquarters, a 24 sixty foot-wide strip at the back of these four tracts, 25 containing a total of 16.33 acres, will be cancelled and 113 1 removed from the subdivision, returned to unplatted 2 property that is adjacent, and transferred to the 3 adjacent unplatted property. 4 This change will be reflected in revised 5 Tracts 15R, 16R, 21R, and 25R. Each tract will remain 6 larger than 100 acres and road frontage will not change. 7 County Engineer requests the Court set a 8 public hearing for 10:00 a.m. on December 27th, 2023 for 9 a partial cancellation and revision of plat for YO Ranch 10 Headquarters, Tracts 15, 16, 21, and 25, Plat File 11 23-00909. Precinct 4. 12 COMMISSIONER HARRIS: I move for approval. 13 COMMISSIONER LETZ: Second. 14 JUDGE KELLY: Got a motion and a second to 15 set a public hearing for partial cancellation and 16 revision of the plat for YO Ranch Headquarters, Tracts 17 15, 16, 21, and 25. Any discussion? 18 COMMISSIONER LETZ: I have a question as to 19 ask just as to why. But we don't need it right now. 20 MR. HASTINGS: Yes, sir. 21 JUDGE KELLY: Those in favor say aye. 22 Opposed? None? Unanimous. 23 So that's three hearings that we have set 24 right after Christmas. 25 Item 1.23 consider, discuss and take 114 1 appropriate action on a request to surplus office 2 furniture from the Hill Country Regional Public 3 Defender's Office. Ms. Mendoza. 4 MS. MENDOZA: Good morning. These are items 5 from the Juvenile Detention Center for the PO's. A 6 filing cabinet, four desks and one chair. And they're 7 just no longer in working condition. 8 COMMISSIONER LETZ: Move for approval. 9 COMMISSIONER HARRIS: Second. 10 JUDGE KELLY: Got a motion and second to 11 accept surplus furniture as presented. Any discussion? 12 Those in favor say aye. Opposed? Unanimous. 13 1.24 consider, discuss and take appropriate 14 action for Commissioners' Court approval to surplus two 15 John Deere tractors. Miss Hoffer. 16 MS. MENDOZA: I'm going to be presenting 17 again. 18 JUDGE KELLY: Okay. 19 MS. MENDOZA: Two John Deere tractors will 20 be surplused to be traded in for other equipment. She 21 will present in the next item. 22 JUDGE KELLY: Okay. 23 COMMISSIONER OVERBY: I'll make a motion we 24 approve 1.24. 25 COMMISSIONER LETZ: Second. 115 1 JUDGE KELLY: Got a motion and a second to 2 approve surplusing the John Deere tractors as presented. 3 Any discussion? Those in favor say aye. Opposed? 4 Unanimous. 5 Item 1.25 consider, discuss and take 6 appropriate action for the Commissioners' Court approval 7 for the Road & Bridge Department to purchase two new 8 John Deere 5075E two-wheel drive cab tractors and trade 9 in two John Deere 5090E four-wheel drive cab tractors. 10 Miss Hoffer. 11 MS. HOFFER: First thing I wanted to say on 12 these tractors, we were kind of given the wrong 13 information on how much horse power needed to be to run 14 some of the shredders that we have. We have a 15 15 foot -- a couple 15 foot-wide shredders that have the 16 double wings on it. There's a difference of engine 17 horse power and PTO horse power, and it's PTO horse 18 power that we need to make sure that we've got proper 19 power for that. 20 The tractors that we bought are too big. 21 The four-wheel drive too are tearing up your ditch line 22 as you're coming in and out of the ditch line, so we 23 went back to John Deere to see if they would allow us to 24 trade in the 5090 four-wheel drive to get the 5075 25 two-wheel drive. The 5090 has a -- I think it's about a 116 1 90 horse power motor and the 5075 is I think a 60 -- or 2 75 horse power motor, which will suit our needs a lot 3 better than those bigger tractors that we have. 4 So Road & Bridge department would like to 5 surplus the two John Deere 5090E four-wheel drive 6 tractors that will be used for a trade-in. We would 7 like to purchase two 5075E two-wheel drive tractors for 8 the trade-in. We actually paid I think 55 for each of 9 those 5090s, and they are going to give us 50,000 per 10 tractor. So there will be a little bit of surplus on 11 the new tractors. So we'll trade the bigger tractor in 12 for two smaller ones and two-wheel drive; not four-wheel 13 drive. 14 COMMISSIONER HARRIS: We have low mileage on 15 those -- I mean hours on that. 16 MS. HOFFER: Very. 17 COMMISSIONER PACES: Like -- I'm just 18 curious, how many hours do we have on those tractors? 19 MS. HOFFER: Not much. 20 COMMISSIONER HARRIS: Not much or they 21 wouldn't be giving us that much. 22 MS. HOFFER: Yeah. 23 COMMISSIONER PACES: Yeah, I'm surprised 24 they're giving us that much. 25 MS. HOFFER: I don't know exactly what it is 117 1 but I'll bet you it's probably under 50 hours. 2 COMMISSIONER HARRIS: Yeah. And that's when 3 you figured out they weren't what we needed. 4 MS. HOFFER: If you saw them you would go, 5 "These look brand new." 6 COMMISSIONER HARRIS: I move for approval. 7 COMMISSIONER OVERBY: I'll second. 8 JUDGE KELLY: Got a motion and a second to 9 approve the purchase of two new John Deere 5075 tractors 10 and trade-in the two 5090E tractors. Any discussion? 11 MS. HOFFER: And then I think there was 12 something that the Judge -- that we'll need you to 13 initialize on the trade-in. I had given Jody -- all 14 that information to Jody. 15 JUDGE KELLY: Okay. Then those in favor say 16 aye. Opposed? None. Unanimous. 17 1.26 consider, discuss and take appropriate 18 action for the Commissioners' Court approval for the 19 Road & Bridge Department to transfer a bucket truck, 20 wood chipper, and water truck to another Kerr County 21 Department. Ms. Hoffer. 22 MS. HOFFER: The Kerr County Road & Bridge 23 Department has three pieces of equipment that we would 24 like to transfer to another Kerr County Department. The 25 transferred equipment is as follows: A bucket truck, a 118 1 wood chipper, and a water truck. These are items that 2 we get requested to use for the Maintenance Department 3 and the Hill Country Youth Exhibit Center. And we could 4 trade this equipment in on new stuff, but we figured 5 they're -- each year it gets more and more they request 6 to use the equipment from us and it's getting harder and 7 harder for us to find a time to let them use this 8 equipment. So we decided instead of in the future 9 trading it in, that we would donate it to these two 10 departments so they can use it when they need to use it. 11 COMMISSIONER PACES: So who's going to 12 actually receive it and be responsible for the 13 equipment? 14 JUDGE KELLY: Maintenance. 15 COMMISSIONER OVERBY: Maintenance, yeah. 16 MS. HOFFER: Yeah. We've gone through on 17 all of the equipment to make sure that we're not giving 18 them something that they immediately have to put new 19 tires on it or new blades, so our mechanic in the shop 20 has gone through everything. 21 But these are items that get used a lot. 22 And I think it will help Shane and it will help at the 23 Youth Exhibit Center to not be delayed on things and 24 then have a backlog of things. They -- when they're 25 ready to do their project, they'll have their equipment 119 1 to do it. 2 COMMISSIONER HARRIS: We -- I met with Kelly 3 and Maintenance and the Event Center on this. The water 4 truck can be housed out at the Event Center because 5 that's where it will be used the most. It's one of 6 those situations where it's more -- probably have more 7 value to us to keep it, what little it's going to be 8 used than to trade it in. But in saying that, you know, 9 we appreciate Road & Bridge for doing that. Voluntarily 10 doing that and going through it and -- because they 11 could have got a little bit towards the trade-in or 12 something. But it's going to serve the County better in 13 this. 14 COMMISSIONER PACES: Easily. 15 MS. HOFFER: I think it'll be a win-win for 16 both. 17 COMMISSIONER HARRIS: Without a doubt. 18 Without a doubt. 19 MS. HOFFER: I really do. 20 COMMISSIONER LETZ: And the maintenance 21 staff is equipped to know how to operate it and 22 everything? 23 MR. EVANS: Yes, sir. We have attended some 24 of the safety classes on bucket operations and also 25 wearing -- we're familiar with how to use it. And we -- 120 1 Kelly did offer some other training -- places where we 2 can get more training on, like, the wood chipper I 3 believe offers training on that as well. So if -- if we 4 would need it, we have places to go for more training. 5 COMMISSIONER LETZ: Okay. 6 MS. HOFFER: We did -- when we got the last 7 bucket truck, we had maintenance come over. We had a 8 representative, and we had Maintenance Department, the 9 ones that would be using the bucket truck we invited 10 them for the training knowing that they would be using 11 the bucket truck, so -- if we get any training with the 12 wood chipper or any of that service, you know, we'll be 13 sure to include the Maintenance Department in that. 14 COMMISSIONER HARRIS: Move for approval. 15 COMMISSIONER PACES: Second. 16 JUDGE KELLY: Got a motion and a second to 17 approval the transfer of the bucket truck, wood chipper, 18 and water truck to the Maintenance Department and Road & 19 Bridge. Any other discussion? 20 COMMISSIONER HARRIS: You probably would 21 have seen the bucket truck used by Maintenance last week 22 with Christmas decorations around the courthouse. 23 JUDGE KELLY: Okay. Then those in favor say 24 aye. Opposed? Unanimous. 25 Item 1.27 consider, discuss and take 121 1 appropriate action to approve a standard rental service 2 agreement with CINTAS. This agreement is for uniform 3 service and will go into effect December 1. Ms. Hoffer. 4 MS. HOFFER: Submitted for approval is a 5 standard rental service agreement with CINTAS. This 6 agreement would be effective December 1, 2023. This 7 agreement is for uniform service for Kerr County Road & 8 Bridge employees. The County Attorney has reviewed this 9 agreement. 10 At this time, I ask the Commissioners' Court 11 for their approval of the standard rental service 12 agreement with CINTAS and have the Judge sign the same. 13 COMMISSIONER LETZ: Move for approval. 14 COMMISSIONER OVERBY: I'll second. 15 JUDGE KELLY: Got a motion and a second to 16 approve the rental agreement as presented. Any 17 discussion? 18 COMMISSIONER PACES: Yeah. Just -- Kelly, 19 did the rates go up or down? 20 MS. HOFFER: They probably went up a little 21 bit. But -- but it was really hard finding a company 22 that -- I never thought it would be such a challenge. 23 COMMISSIONER PACES: Didn't you bring this 24 to the Court before and whoever it was backed out or 25 something? 122 1 MS. HOFFER: Yeah. Well, there's a -- 2 there is some information that has to be put in the 3 contract. I mean it's the law. And Jason and Heather 4 worked with us on that and it really, to me, was not 5 that big of a deal or statement, but the other company 6 didn't want to abide by it and said we can't do business 7 with you and this has to be in there. So -- so we asked 8 CINTAS to make this deal and we're okay with that. 9 So we've worked with the County Attorney's 10 Office. I was kind of surprised. But I think you will 11 probably -- there will be other counties that will have 12 this issue when they go to renew their uniform 13 contracts. Because I was like, haven't you ran into 14 this and they said no, you guys are the first ones. 15 Which kind of surprised me. 16 COMMISSIONER PACES: Okay. 17 MS. HOFFER: But it -- it's -- basically the 18 verbiage in it protects Kerr County. If you all don't 19 fund in our budget for uniforms next year, it's done. 20 And so it protects the County from being locked in to 21 something. A long contract. 22 COMMISSIONER PACES: I'm glad you found a 23 solution and a company willing to sign our -- 24 MS. HOFFER: Yeah, we are, too. 25 COMMISSIONER PACES: -- contract. 123 1 MS. HOFFER: We worked on this for probably 2 eight or nine months. So -- 3 COMMISSIONER PACES: Very good. 4 JUDGE KELLY: Okay. No other questions? 5 COMMISSIONER PACES: Nope. 6 JUDGE KELLY: Then those in favor say aye. 7 Opposed? Unanimous. 8 Now we go to the ten o'clock timed item 9 1.28, which is to consider, discuss and take appropriate 10 action for the Commissioners' Court approval of a 11 general contract with the Interstate Barricades & 12 Markings regarding the road striping on Scenic Hills 13 Road North and Scenic Valley Road North. Ms. Hoffer. 14 MS. HOFFER: Before you is a general 15 contract with Interstate Barricades & Markings for 16 Scenic Hills Road North and Scenic Valley Road North. 17 Both of these roads were chip sealed this past fiscal 18 year and we are now ready to have the double yellow 19 center stripe reinstalled on both of these roads. 20 At this time, I ask the Commissioners' Court 21 for their approval of the general contract with 22 Interstate Barricades & Markings for striping on Scenic 23 Hills Road North and Scenic Valley Road North. Both of 24 these roads are in Precinct 1. And we do have a 25 contract to have the Judge sign the same. 124 1 COMMISSIONER OVERBY: I make a motion that 2 we approve 1.28. 3 COMMISSIONER PACES: Second. 4 JUDGE KELLY: Got a motion and a second to 5 approve the contract with Interstate Barricades & 6 Markings as presented. Any discussion? Those in favor 7 say aye. Opposed? Unanimous. 8 MS. HOFFER: Thank you. 9 JUDGE KELLY: Okay. We have an 11:00 10 o'clock timed item, and we did better with the 11:00 11 o'clock than we did the 10:00 o'clock. And that's 12 Item 1.32 which is discussion regarding the Christmas 13 tree lighting responsibilities for tree located on the 14 courthouse grounds. George. 15 MR. EYCHNER: Good morning. 16 JUDGE KELLY: This is George Eychner. 17 MR. EYCHNER: First, I want to congratulate 18 the newest commissioner on the proceedings. So looking 19 forward to your service. 20 I don't need a decision today, but what I'm 21 hoping is that we could legitimize an institution that's 22 pretty much been taken for granted. With the courthouse 23 lights, believe it or not, we've done it for about 50 24 years, started in 1982. And it's something that happens 25 every year, but it -- and it was sponsored by the 125 1 Women's Chamber and First National Bank probably for 2 about 30 of those years, and then First National was 3 bought out by Wells Fargo finally, and Wells Fargo took 4 it up until 2018. And in the process -- actually, the 5 Commissioners' Court established the Kerrville Christmas 6 Lighting Commission. 7 Commissioner Williams and Gene Lehmann and a 8 couple other people started it in 1995. And so it's got 9 two parallel roles here, one is for decorating which is 10 KCLC, and one was for the lighting ceremony which was 11 run by the chamber and the bank, and where it comes to 12 now that we're changing history and we're doing a super 13 job decorating the courthouse grounds, we took that over 14 in 2018 and KCLC, I'll just mention, and Wells Fargo 15 backed out. Broadway Bank backed out of the lighting 16 ceremony. And so by default KCLC inherited it. 17 There's no problem this year. We're set for 18 this year. But it takes probably 2,000 to $2,500 to 19 fund this. For example, the lights for the stage and 20 the power setup by Paul Arredondo is 1275. And if we 21 were to hire a sound system, that would probably be 22 another seven or $800.00. But JAM Radio is providing 23 the sound system this year and Paul cut his price down 24 to a thousand and so we have sponsors for that. 25 But Commissioner Letz talked about there was 126 1 an agency or an office in the County here someplace, 2 that he though might be -- could become a potential 3 point of contact to make this more intentional for the 4 future. 5 You know, first of all, is this something we 6 want to continue? If it weren't for about three or four 7 people, nothing would be happening. So -- 8 JUDGE KELLY: Let me put this in my words. 9 George called me and what we've got here is we've gotta 10 50-year old tradition. The progeny of our forefathers. 11 And we now have a child without a parent to take care of 12 it. And George is retiring. He's done his share. And 13 so the question is, do we want to continue this 14 tradition? And if so, who's going to be responsible and 15 what are we going to be responsible for? 16 MR. EYCHNER: Yeah. Exactly. 17 JUDGE KELLY: And, of course, George and I 18 are old friends and he says he's ready to pass the 19 torch. And I told him, but I don't know who's going to 20 carry his torch. So that's -- that's where we are. 21 It's -- in my opinion, I think it's -- I take it for 22 granted that everybody likes the tree lights. This is a 23 very worthwhile thing that we do. And since George is 24 rotating off then if falls to us to find out how we're 25 going to continue it. 127 1 MR. EYCHNER: Well, and it's -- if you, 2 Judge, or any of the Commissioners want to participate 3 in this year's lights, I don't know that anybody has 4 ever been -- any of the Commissioners or the County 5 Judges have been part of the actual lighting ceremony. 6 Two years ago when we did it on top of the garage, Judge 7 Kelly did the countdown. 8 JUDGE KELLY: Yeah, that COVID year, wasn't 9 it? 10 MR. EYCHNER: Yeah. But, you know, since 11 it's a County building and a County -- pretty much a 12 County function, like I said, I don't need a decision 13 today but I'd just like to plant a seed and maybe you 14 can think about that. 15 JUDGE KELLY: But the lighting ceremony is 16 this Saturday? 17 MR. EYCHNER: Yes, sir. 18 JUDGE KELLY: Right. And all the work has 19 been done. What we're looking here is we don't want to 20 just end the ceremony Saturday night and not have a plan 21 going forward. 22 COMMISSIONER HARRIS: Maybe with this being 23 on YouTube and the problem being aired and the press 24 here, maybe we can get some volunteers to step up. Or 25 maybe somebody will say, hey, I'll take that and run 128 1 with it. 2 JUDGE KELLY: Well, I think the first thing 3 we do is we thank George for all you've done these 4 years. We appreciate your service. Been a great 5 service to the people. And in terms of the ceremony 6 itself, I think the consensus is that we want to 7 continue it. I don't see anybody shaking their head. 8 And then, thirdly, we need to constitute a 9 group to take the responsibility under our tutelage or 10 blessing or authorization to continue the service. 11 MR. EYCHNER: Yeah, I'll be happy to help 12 you. And I -- we got folks on the committee that, you 13 know, just won't abandon it. But maybe get something 14 official set up. That would -- 15 COMMISSIONER HARRIS: It could be a very 16 smooth transition. 17 MR. EYCHNER: Yeah. 18 JUDGE KELLY: So I want this to be a public 19 appeal for volunteers to help us with this. And we'll 20 bring this subject up again, invite everybody to enjoy 21 the ceremony this Saturday and -- 22 MR. EYCHNER: If you want to come and help 23 do the countdown? 24 JUDGE KELLY: Well, it's -- I've got -- it's 25 my wife's birthday. I have to find out what we're 129 1 doing. 2 COMMISSIONER OVERBY: George, one more time, 3 what was the budget for the ceremony? 4 JUDGE KELLY: $2,500. 5 COMMISSIONER OVERBY: $2,500. Okay. 6 MR. EYCHNER: Yeah. And this year we 7 have -- we got $500.00 from the Texas Hill Country Bank. 8 We have hopefully another $500.00 coming and then we 9 have an anonymous donor who's giving us 250. And that 10 will cover the rental of the throne for Santa from the 11 Hill Country Arts Foundation and a thousand dollars for 12 Paul Arredondo. So it's -- 1250 is our budget this 13 year. Everybody else has volunteered, the musicians and 14 sound and all that. 15 But Commissioner Letz, who did you suggest 16 you thought might be -- 17 COMMISSIONER LETZ: I don't remember. But I 18 mean I think it's -- our maintenance department has, 19 over time, taken over more and more of the setup and 20 decorations and doing all that. 21 JUDGE KELLY: And I talked to Shane. And 22 he's -- 23 COMMISSIONER LETZ: Right. And it's just 24 the event itself that needs some help. And I think 25 maintenance would probably work with helping on the 130 1 stage and some of that lighting probably as that. It's 2 really just probably the sound. I don't know if -- do 3 we have any kind of sound equipment that was -- that 4 works? I mean, we have a lot of events. 5 MR. EVANS: We do not have any sound 6 equipment. All we've done in the past is provide the 7 power hookup for that, for the sound. And the light 8 bars and whatever was necessary. But as far as sound 9 equipment, we don't have that. 10 COMMISSIONER HARRIS: It sounds like that's 11 being taken care of, though, isn't it, George? The 12 sound part? 13 JUDGE KELLY: Well, I don't want to -- 14 MR. EYCHNER: The JAMS Radio is doing that. 15 I didn't think the County had any lighting. 16 COMMISSIONER LETZ: Well, we may not. I 17 mean, I look at this as something I think the County can 18 surely participate in and needs to participate in. The 19 sound system is something that we should have. We do a 20 lot of ceremonies on the Courthouse square and the sound 21 is usually pretty bad. But that's something we oughta 22 look at during the budget period and -- so the sound 23 equipment. 24 And then the lighting, you know, it makes 25 sense to me for the County to put it in the budget. I 131 1 mean, we're not talking about a lot of money I don't 2 think to do that, look at a budget item. And then have 3 kind of the County taking it over makes the most sense 4 to me. I mean, we can always get donations for it and 5 people to come in and, you know, serving hot chocolate 6 or doing other events and doing things. 7 But yeah, it's great to get the volunteers 8 and the sponsors but at the same time I think it's more 9 important for the community that the County -- that this 10 happens, and if that means the County needs to step up a 11 little bit more, I'm fine with that. 12 COMMISSIONER HARRIS: It can be a 13 partnership. 14 COMMISSIONER LETZ: Or that. And we do need 15 someone to coordinate it. And that's what we really 16 need is somebody to coordinate. 17 COMMISSIONER HARRIS: We need another 18 George. 19 COMMISSIONER LETZ: We need another George. 20 MR. EYCHNER: Well, and as far as when, it 21 needs to be done early in the year too. All the banks 22 bailed out on us because it was too late. You know, you 23 need to start in January or February for the budget, for 24 the money. So -- 25 COMMISSIONER HARRIS: What time is the -- 132 1 MR. EYCHNER: But I really appreciate you 2 giving me the time to bring this up and for your 3 consideration of it. I think it's important. I think 4 we need to continue it. And like I said, I'll be happy 5 to do whatever I can so we get the transition. And when 6 we get the other -- past the first of the year maybe 7 figure something out. 8 COMMISSIONER PACES: George, what time is 9 the ceremony Saturday? 10 MR. EYCHNER: Roughly 7:30. It's after the 11 parade. 12 COMMISSIONER PACES: So kind of the 13 culmination of the parade, right? 14 MR. EYCHNER: Yeah. The entertainment this 15 year, we got the Tivy show choir. They're bringing the 16 Tivy choir for the entertainment, and Jeff Talarico is 17 the Santa Claus. Jeffrey Brown is going to be our 18 master of ceremonies. We got me and two other people 19 are going to be the combo to provide incidental music. 20 And -- oh, and then we announce the parade winners. 21 That's another thing. 22 So the ceremony is really not all that much. 23 And then the countdown is the big deal. The women 24 chamber is going to serve hot chocolate in the gazebo. 25 And so we're covered. But again, thank you for your 133 1 time and your interest. 2 JUDGE KELLY: Thank you, George. 3 Okay. The last item on the Consideration 4 Agenda, except the things that we passed, is item 1.33, 5 which is consider, discuss and take appropriate action 6 to clarify and amend General Provisions, Paragraph 4. 7 And do we need to go into Executive on this? 8 COMMISSIONER LETZ: Probably Executive to 9 explain what the problem is. 10 COMMISSIONER PACES: I'm okay with what's 11 being proposed but if you want -- whatever you want. 12 COMMISSIONER LETZ: There's two proposals. 13 JUDGE KELLY: So with that, let's go into 14 Executive Session. Take a five-minute break. 15 (Break.) 16 (Executive Session.) 17 JUDGE KELLY: Okay. It's 12:47, we've come 18 out of Executive Session and the next item on the agenda 19 I'm going to call 5.1, which is the action that may be 20 required on matters discussed in Executive Session. 21 And we'll go back and call Item 1.13 22 consider, discuss and take appropriate action regarding 23 Interlocal Agreement for the improvement of Al Mooney 24 Road from the intersection with Peterson Farm Road with 25 intersection of Memorial Boulevard, State Highway 27, 134 1 and a portion of Peterson Farm Road from its 300 block 2 to its intersection with Al Mooney Road. 3 COMMISSIONER LETZ: I'll make a motion that 4 we approve the Interlocal Agreement for the improvement 5 of Al Mooney Road from its intersection with Peterson 6 Farm Road to the intersection with Memorial Boulevard, 7 State Highway 27, and a portion of Peterson Farm Road 8 from its 300 block to its intersection with Al Mooney 9 Road. 10 COMMISSIONER OVERBY: I'll second that 11 motion. 12 JUDGE KELLY: Got a motion and a second. 13 Any discussion? 14 COMMISSIONER PACES: Yeah. Didn't we 15 discuss that we need to add in there with, you know, 16 abundant caution that this will only happen if this 17 project actually moves forward. 18 COMMISSIONER LETZ: Right. 19 JUDGE KELLY: And what did you say? 20 COMMISSIONER LETZ: And this is subject to 21 the project moving forward. 22 JUDGE KELLY: So it's no problem. 23 COMMISSIONER PACES: Then I'm happy. Thank 24 you. 25 JUDGE KELLY: Then all those in favor say 135 1 aye. Opposed? Unanimous. 2 Next item on the Agenda that we're going to 3 take up is 1.33 consider, discuss and take appropriate 4 action to clarify and amend General Provisions of 5 Paragraph 4. 6 Heather looks like she's probably ready to 7 say. 8 MRS. STEBBINS: I'm calling the second part 9 of it option two in my notes, if that's what y'all would 10 like to call it. 11 JUDGE KELLY: Okay. 12 MRS. STEBBINS: With the modifications that 13 we talked about, changing the step three to -- the 14 underlying portion step three to two steps above the 15 grade to which the position is allocated. 16 COMMISSIONER LETZ: And the -- on both or 17 no? 18 MRS. STEBBINS: Both. 19 COMMISSIONER LETZ: B(1) and B(2). The 20 discretionary should be "may" not "will." 21 MRS. STEBBINS: Got it. And I'll change 22 that later on this afternoon or first thing in the 23 morning and get it to y'all and Jody if that's all 24 right. 25 JUDGE KELLY: So -- 136 1 COMMISSIONER LETZ: With that, I'll make a 2 motion that our General Provisions are modified, 3 Paragraph 4 of General Provisions are modified with the 4 language -- 5 COMMISSIONER OVERBY: In option two. 6 JUDGE KELLY: Option two? 7 COMMISSIONER OVERBY: In option two. 8 COMMISSIONER LETZ: Option two and with the 9 clarifications made. 10 JUDGE KELLY: And with Paragraph 4B(1) and 11 4B(2), using the permissive form of "may" rather than 12 "will." 13 COMMISSIONER LETZ: Yes. That was my 14 motion. 15 COMMISSIONER HARRIS: Look, the people 16 watching this have no clue what we're talking about 17 probably. So this pertains to -- 18 MRS. STEBBINS: Item 1.33, the General 19 Provisions in Paragraph 4 is where it starts. 20 COMMISSIONER HARRIS: Okay. But this deals 21 with pay for -- 22 COMMISSIONER LETZ: Step and grade and 23 hiring. Step and grade and hiring of personnel. 24 COMMISSIONER PACES: I'll second your 25 motion. 137 1 COMMISSIONER LETZ: Okay. 2 JUDGE KELLY: So we got a motion and a 3 second. Any discussion? I know this is kind of 4 technical, but we have to amend the policy to conform 5 with the intent of the policy for our recruiting and 6 retention of employees. So this is just tweaking what 7 language that was already in our policy. 8 COMMISSIONER HARRIS: Specifically the 9 Sheriff's Office and Road & Bridge. 10 JUDGE KELLY: Sheriff's Office -- KCSO and 11 Road & Bridge. 12 COMMISSIONER HARRIS: Right. 13 JUDGE KELLY: So with that explanation, we 14 got a motion and second. Those in favor say aye. Those 15 opposed? Unanimous. 16 Okay. That's all we have on Executive 17 items. Let's go back to the Approval Agenda. We'll 18 start with 2.1, which is budget amendments. 19 MRS. SHELTON: Yes. You have three budget 20 amendments in front of you. The first one and the last 21 one are more like firming up what we ended last year 22 with. And so it matters on what we have available for 23 the next year. One is the Operation Stonegarden that 24 you heard the Sheriff's Office speak about earlier, and 25 then the other one is for the actual remainder amount 138 1 for the Animal Control facility. 2 And then the one in the middle is for adding 3 the part-time temporary position for the Ag Extension 4 office. 5 COMMISSIONER HARRIS: I move for approval. 6 COMMISSIONER LETZ: Second. 7 JUDGE KELLY: We got a motion and second to 8 approve the budget amendment as presented. Any 9 discussion? Those in favor say aye. Opposed? 10 Unanimous. 11 2.2 pay the bills. 12 MRS. SHELTON: Yes. Invoices for today's 13 consideration $1,203,181.82. 14 COMMISSIONER LETZ: Move for approval. 15 COMMISSIONER OVERBY: I second. 16 JUDGE KELLY: Got a motion and second to pay 17 the bills as presented. Any discussion? Those in favor 18 say aye. Opposed? Unanimous. 19 2.3 late bills. 20 MRS. SHELTON: There are not any. 21 JUDGE KELLY: 2.4 Auditor reports. 22 MRS. SHELTON: There are not any. 23 JUDGE KELLY: Thank you. 24 Item 2.5 monthly reports. 25 COMMISSIONER HARRIS: Yes. For October, 139 1 2023. Constables, Tommy Rodriguez, Precinct 1. Kyle 2 Schneider, Precinct 2. Paul Gonzales, Precinct 3. J.B. 3 Ryder, Precinct 4. Environmental Health OSSF, Director 4 Ashli Badders. Kerr County Auditor's Office, County 5 Auditor Tanya Shelton. Payroll approval, County 6 Treasurer Tracy Soldan. District Clerk report, Dawn 7 Lantz. Justice of the peace, Mitzy French, Precinct 1. 8 J. R. Hoyne, Precinct 2. Kathy Mitchell, Precinct 3. 9 Bill Ragsdale, Precinct 4. I move for approval. 10 COMMISSIONER LETZ: Second. 11 JUDGE KELLY: Got a motion and a second to 12 approve the monthly reports as presented. Any 13 discussion? Those in favor say aye. Opposed? 14 Unanimous. 15 Court orders. 16 COMMISSIONER LETZ: We have our Court Orders 17 from our October 23rd meeting, numbers 40281 through 18 40297. And Court Orders from our November 6th meeting, 19 number 40298. They all look to be in order, in good 20 shape. Make a motion to approve all of them. 21 COMMISSIONER HARRIS: Second. 22 JUDGE KELLY: Got a motion and second to 23 approve the Court Orders as presented. Any discussion? 24 Those in favor say aye. Opposed? Unanimous. 25 Information Agenda. A long meeting, but 140 1 3.1. Any status reports from department heads? 2 Ms. Hoffer. 3 MS. HOFFER: I just wanted to let the Court 4 know we did finish our seal coat season. It's now too 5 cold, but we got 44.52 miles completed, and I've been 6 eight short. But in 2016/17 is when I came to the Court 7 and said hey, we really, really need to be doing about 8 50 miles a year and get on a ten-year cycle. You all 9 funded it and, you know, I'll just kind of go through so 10 far. 11 '17/'18 was the first year, we got 50.92 12 miles. Prior to this we were getting 25 miles done. 13 '18/'19, 55.69. '19/'20, 54.77. '20/'21, 40.05. 14 '21/'22, 53.28. And this year, 44.52. So we have four 15 more years left on this ten-year cycle and I did the 16 math and if -- all we really need to get done is 40 17 miles a year for the next four years, and we will have 18 hit all of our roads in a ten-year period, which is a 19 feat in itself, plus being eight people short. So I 20 couldn't be happier with the staff. 21 You know, it's hard when you're that short. 22 But they really showed me that, you know, they still can 23 get the job done and I think they did it well. So I've 24 been noticing a difference with our roads. I think they 25 look a lot better than they have in the past. For those 141 1 of you who haven't been on the Court very long, when we 2 were doing 25 miles, what happened was the Court was 3 having a hard time balancing the budget and the road 4 administrator at the time had decided that year to give 5 back a portion of our rock and oil money, and we never 6 did get back to where we needed to be. And it really 7 started to show. 8 And then you all had asked me to do the 9 administrator position, and I was like, we need to get 10 back to doing 50 miles. So we're -- we really are in 11 really, really good shape. And I think if the Court 12 will stay with this program, I think it will more than 13 prove itself. But I wanted to share that with you 14 because I really didn't think we'd even hit 40 this 15 year. So -- 16 JUDGE KELLY: Well, let me share this with 17 you. When this thing started back in '17, I was sitting 18 in the blue seats. You remember? 19 MS. HOFFER: Yep. 20 JUDGE KELLY: And I remember hearing your 21 presentation and thinking, my God, we're that far behind 22 in our road work? And for those of you that don't know, 23 Kerr County is the first county in the State of Texas 24 that has all paved County roads and we're proud of it. 25 But when we started setting these goals, 50 a year, I 142 1 didn't think you could do it. And my hat's off to you, 2 Kelly, because you did it. 3 MS. HOFFER: Yeah. 4 JUDGE KELLY: And it's -- if you saved the 5 integrity of the county road system in Kerr County -- 6 MS. HOFFER: Yep. 7 JUDGE KELLY: -- and we are eternally 8 grateful. 9 MS. HOFFER: I'm very grateful for the staff 10 I have. I have to say, I know we're short. I've got 11 12, every single one of them is quality. So I keep 12 saying that I'd rather have quality than quantity. But 13 we hope to fill up all of those positions eventually. 14 But for the newer members, too, you may not 15 know, we maintain 603 roads. And it's about 460 miles. 16 And when we're full, including myself, we have 28 people 17 to cover that much. So it's a lot of roads to maintain. 18 COMMISSIONER OVERBY: Yeah. 19 JUDGE KELLY: Tell me those numbers again. 20 603 roads? 21 MS. HOFFER: 603 roads. And it's right 22 around 460 miles. 23 COMMISSIONER HARRIS: Well, people don't 24 know what they can do until they're challenged. And 25 they've stepped up. And I've said this numerous times, 143 1 I've said it to you and your people, that y'all make us 2 look good. 3 MS. HOFFER: I appreciate that. But anyway, 4 so just -- I wanted to update you on that and let you 5 know that the money that you have given us every year 6 for this program, it's working. 7 COMMISSIONER PACES: Yeah. Kelly, I have a 8 question. I certainly want to commend you and the staff 9 as I've gotten to know most of you pretty well this 10 year, and I agree that you guys are doing a great job. 11 But my question is, okay, you mentioned the 50 miles per 12 year target, but you also said 40. You're happy at 40. 13 So clarify. What -- what's your goal, is it 40 miles or 14 is it 50? 15 MS. HOFFER: Well, it is 50. 16 COMMISSIONER HARRIS: They're short people. 17 MS. HOFFER: It is 50. But if you -- if you 18 do the math, if we got 50 miles in nine years, we're 19 pretty close to completing it. 20 COMMISSIONER PACES: Yeah. 21 MS. HOFFER: But you gotta have some extra 22 in there because of the weather. 23 COMMISSIONER PACES: Yeah, but you -- you -- 24 I -- 25 MS. HOFFER: If we have a really, really wet 144 1 year, you won't get 50. And it's not because the staff 2 isn't capable, it's the weather. 3 COMMISSIONER PACES: Okay. Well, I just 4 want to be clear that the goal is still 50. 5 MS. HOFFER: It is 50. 6 COMMISSIONER PACES: Because you -- you said 7 you'd be happy at 40 and that's -- let's be careful -- 8 MS. HOFFER: Well -- 9 JUDGE KELLY: She's just -- that's what it's 10 going to take to get it done. 11 MS. HOFFER: Yeah. 12 COMMISSIONER LETZ: Right. 13 JUDGE KELLY: That's when we're going to 14 have all 603 roads -- 15 COMMISSIONER LETZ: The whole entirety. 16 COMMISSIONER PACES: Okay. 17 MS. HOFFER: Yeah. Because those 50's in 18 there, that 55.69, that 54.77, and that 53.28, that's 19 helped us for not being able to get -- 20 COMMISSIONER PACES: Yeah. 21 JUDGE KELLY: So has some of our drought 22 years. 23 COMMISSIONER PACES: Yeah. So this year, 24 was the big problem weather that kept us from 50 or -- 25 MS. HOFFER: Yeah, a little bit with -- 145 1 COMMISSIONER PACES: I mean, you came in at 2 44. 3 MS. HOFFER: -- the weather, trying to get 4 water. We've gotta have water to build roads. 5 COMMISSIONER PACES: Sure. 6 MS. HOFFER: And so that's been challenging, 7 too. We've had to buy water from the City of Kerrville, 8 the wastewater treatment plant. 9 COMMISSIONER PACES: Yeah. Okay. 10 MS. HOFFER. So its been challenging but, as 11 I said, I got the final numbers on Friday and I was like 12 wow, this is really great because -- 13 JUDGE KELLY: Make sure those numbers get 14 posted on your website. Yeah. 15 MS. HOFFER: I will. Thank you. 16 COMMISSIONER PACES: Very good. 17 JUDGE KELLY: Put them on there. 18 MS. HOFFER: All right. Thank you. 19 COMMISSIONER HARRIS: You gotta aim high. 20 You don't aim at minimum. 21 JUDGE KELLY: Any other department heads? 22 Move on to 3.2. Status reports from elected 23 officials. 24 3.3. Status reports from liaison 25 Commissioners. 146 1 Okay. There being no other business before 2 the Court, we are adjourned. 3 * * * * * * 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 147 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 26th day of November, 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